Encrochat under mikroskop - En rättsvetenskaplig studie om rättssäkerhet och bevisvärdering

Sammanfattning: The encrypted communication service Encrochat has previously been used extensively by criminals. This was until the French police managed to decrypt the chats and access the information. Since then, Swedish authorities have had access to the data revealed in the decryption. This essay explains what Encrochat is as well as which laws were applicable on the collection of the evidence to Swedish authorities. The usage of Encrochat as evidence as well as legal certainty and probative value is discussed. Three legal cases are presented where it has been possible to tie an alias to a physical person and therefore impose punishment. It is stated in this essay that regardless of if whether or not the information from Encrochat was collected lawfully or if it has been used in the right purpose there is nothing in current Swedish law that precludes it from being used as evidence in court. It is also stated that a probative value has not been established due to lack of ruling from The Supreme Court. Despite this it has been proven that courts have found the defendant guilty in several cases with Encrochat as main evidence. Legal certainty is discussed from the viewpoint of Åke Frändberg and Aeksander Peczenik. Since Encrochat is new to the Swedish legal system and it does not have a predetermined probative value, the predictability is weak. Independent conclusions based on the information presented are drawn and problems that exist are specified. A critical perspective with elements of a legal development perspective is applied throughout the essay.