Berlin court initially excluded EncroChat evidence, but higher court admitted it
Berlin Regional Court ruled the messages inadmissible on 1 July 2021. The Berlin Court of Appeal overturned that decision on 30 August 2021.
The 25th Criminal Chamber refused to open the trial in a drug case that relied largely on EncroChat messages. It cited the lack of notification to Germany and the absence of specific suspicion against the defendant when the messages were intercepted.
On the prosecution’s appeal, the higher court held that the data could be used as incidental findings. It sent the case to another criminal chamber of Berlin Regional Court for trial.









































