E-crime law. Recent case law
Decision 1442/2022 Mixed Jury Court of Athens
Mr. Tsiotsikas Vasileios (ITLawyers), a lawyer specializing in cybercrime, handled the following case that recently occupied the Mixed Jury Court of Athens. The decision refers extensively to technical characteristics (kind) and the automated download of child pornography files which were not known to the PC owner. Further, a clear distinction is made between the actions of the PC users (searches) and the actions of the police officers (keyword searches) who conducted a field search of the PC in the context of a home search. Specifically in this regard the court concluded that the indictment erroneously included searches with these keywords which are not related to the use of the PC by the users but to the police investigation. The court taking into account the above, i.e. the automated download, the type of files and the actions of the police officers on the evidence, concluded that sufficient doubts are created that the accused knowingly procured and possessed child pornography material (files) and therefore acquitted the accused.
For full case transcript in greek click the following link:
https://www.itlawyers.gr/ενημερωση/δικαιο-τεχνολογια/357-Ηλεκτρονικό-Έγκλημα