Il legislatore tedesco approfitta di una più ampia riforma per disciplinare le perquisizioni online

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Abstract

In the context of a broad reform, the German Legislator has regulated, whithin the Criminal Procedure Code, the “Online-Durchsuchung” (comparable to “online searches”).The “Online-Durchsuchung” – which is very difficult to define, especially in view of a possible overlap with the “interception of communication” through trojan – was already linked to interesting systematic legal, as well as case law based, choices. In the light of some Federal Constitutional Court’s decisions, “new” norms are arising relevant questions even from a comparative stand point.
Original languageItalian
Pages (from-to)854-869
Number of pages16
JournalCASSAZIONE PENALE
Publication statusPublished - 2019

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