Atlas Legal secured full acquittal for former National Assembly members on appeal by successfully establishing that electronic evidence was illegally obtained from voluntarily submitted mobile phones.
Case Overview
A third party voluntarily submitted three mobile phones to investigators in connection with a separate case. Prosecutors extracted electronic data unrelated to the original investigation and used it to indict former lawmakers, who were convicted at trial.
Key Issue: Unlawful Seizure Beyond Submission Scope
Atlas Legal focused on the fact that the submitter intended to provide only case-specific electronic information, yet investigators seized unrelated data beyond that scope. Under Supreme Court precedent, storage devices and electronic data are distinct, and the submitter’s intent must be strictly construed.
Defense Strategy: Proving Procedural Violations
The prosecution’s seizure of all electronic data without confirming the submitter’s intent violated constitutional warrant requirements, due process principles, and proportionality. We also argued violation of Criminal Procedure Act Article 198(4), prohibiting misuse of evidence from unrelated cases.
Appeal Result: Full Acquittal
The appellate court fully accepted Atlas Legal’s arguments. The court ruled that electronic data extracted from the phones constituted illegally obtained evidence without evidentiary capacity, and derivative evidence was likewise excluded, resulting in acquittal of all defendants.
Atlas Legal’s Criminal Defense Expertise
Atlas Legal has extensive experience in complex criminal matters including digital forensics, electronic data seizure, and exclusion of illegally obtained evidence. We provide specialized legal services for corporate crimes and criminal defense cases.