Sayfa 732. The Case
The facts adjudicated by the Hungarian court occurred in Sicily, Italy. The case…
The criminal offence dates back to 2003, when the Prosecutor’s Office authorised…
After the documents were presented to the Hungarian Prosecutor’s Office, a search…
The first instance court acquitted the defendant. Summarising the court’s reasoning…
1. The criminal offence of child pornography was committed only and exclusively by…
2. The criminal offence and the procedure have to be adjudicated under Hungarian…
3. The covert operation of the file-sharing server was not authorised by a judge,…
4. The covert operation of the file-sharing server did not intend to detect criminal…
5. The Hungarian court deemed the act of Italian authorities uploading child pornography…
6. The court stressed that this kind of covert investigation represents a serious…
Consequently, the court of first instance held the IP address and the photos transferred…
After the prosecutor had filed an appeal, the second-instant court upheld the acquittal…
1. It stressed that the specific covert method of investigation, a so-called internet…
2. The court deemed the covert operation of the trap server a criminal offence and…
3. With reference to the ECtHR judgment Teixeira de Castro v. Portugal, the Hungarian…
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