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The Dutch Supreme Court has upheld the use of intercepted messages from an encrypted phone network, EncroChat, in a criminal conviction. In a ruling yesterday, the court found that it was bound by the principle of mutual trust to accept that EncroChat evidence was gathered by French police lawfully under French law. The Supreme Court’s ruling is in line with a preliminary decision by the courts’ Advocate General in September which found that the conviction should be upheld. It follows complaints from the defendant’s lawyers that EncroChat evidence could not lawfully be used as evidence in criminal cases under Dutch law. Defence lawyers argued during the case that Dutch prosecutors should disclose the extent of Dutch involvement in a hacking operation against EncroChat, which was overseen by a Dutch and French Joint Investigation Team (JIT).

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