In an “EncroChat trial”, the Bremen Regional Court sentenced drug dealers to long prison terms. The court considered the data to be usable here
The Bremen Regional Court (LG) has currently sentenced two men aged 39 and 34 to prison terms of twelve and a half years and nine years and two months in what is known as an “EncroChat trial”. The prosecution charged them with drug trafficking on a large scale. In addition, the chamber has also ordered the collection of a total of around 4.4 million euros, the court announced on Wednesday.
According to the allegations of the public prosecutor’s office, the two 39 and 33-year-old defendants from Bremen are said to have acted as part of a gang with narcotics in large quantities between December 2018 and August 2020. The two were suspected of having “imported a large number of individual deliveries of several kilograms of various narcotics into the Federal Republic and sold them to an indefinite number of customers. In total, narcotics to the value of around € 8,785,000 are said to have been handled. “
The 39-year-old defendant is said to have been responsible for the negotiations and business deals. He would have made profits of around 1.13 million euros. The 33-year-old defendant, on the other hand, would have been responsible for receiving and transporting the narcotics.
In the proceedings, the Bremen Regional Court considered the EncroChat data obtained by the French authorities to be usable. Such information obtained from the EncroChat apparently also played a major role in this process. In a similar procedure, however, the LG Berlin expressly spoke out against the use of data by the EncroChat hack.
As a result, the chamber sentenced the 39-year-old defendant “for gang-like trading with narcotics in 26 cases to a total imprisonment of 12 years and 6 months. The chamber has sentenced the 34-year-old accused to a total imprisonment of 9 years and 2 months for aiding and abetting the gang-like dealing with narcotics in 11 cases. In addition, the chamber ordered the confiscation of the money obtained from the narcotics trade. On the one hand, this corresponded to an amount of € 4,252,086.60 for the 39-year-old defendant. On the other hand, the 34-year-old defendant has to pay € 169,663.72 to the state treasury.
Encrochat cell phones were touted to customers as a guarantee of perfect anonymity. Despite the manufacturer’s promises, the law enforcement authorities managed to get the users’ messages, which were actually encrypted.
However, in the subsequent data evaluations, the question arose as to whether this would also be valid in court. So far, the courts have received both approval and rejection by the LG Berlin.