What is EncroChat and why could it affect you if you are under investigation in Spain
EncroChat was a provider of encrypted phones and secure messaging that allowed users to communicate with total anonymity. This raised suspicion among law enforcement that many users were engaged in criminal activity. In 2020, French authorities successfully hacked the system and intercepted millions of messages. This data was shared with other European countries, including Spain, and has been used to launch hundreds of arrests and criminal prosecutions across Europe.
Have there been any acquittals in Spain in cases involving EncroChat evidence
No. So far, Spanish courts have not issued any acquittals based solely on the exclusion of EncroChat evidence. The Audiencia Nacional and other provincial courts have admitted these messages as valid, provided the data was transmitted through legal channels and used to support an ongoing investigation. The current trend in Spanish case law is to consider this evidence admissible and sufficient for conviction.
Have there been acquittals in Europe
Yes. In Germany, at least one court in Berlin has recently ruled for acquittal, stating that EncroChat evidence breached fundamental rights. While this remains an exception in Europe, it offers a potential legal precedent that can be used to seek the exclusion of such evidence in Spanish proceedings.
Can you be convicted just for being linked to an EncroChat user
Police and prosecutors attempt to link each EncroChat profile to a real person using:
- Geolocation of the device
- Nicknames, photos, or names used in chats
- Match with physical evidence such as contacts or documents
- Arrest while the device was in use
However, this identification may be weak. If there is no clear proof that you were the user, your defence may be able to challenge the connection effectively.
Can you be convicted based solely on EncroChat messages
You should not be. Courts require that messages be supported by additional evidence such as surveillance, searches, seizures, or testimony. If the messages are the only piece of evidence and their authenticity or link to real-world actions is not proven, the accusation may fall short. In practice, however, outcomes may vary depending on the case.
Are EncroChat messages admissible in Spanish courts and can they be challenged
Spanish courts have accepted EncroChat messages based on the principle of mutual recognition between EU member states. If the evidence was lawfully obtained in another European country, such as France, and transmitted via a European Investigation Order, it is presumed to be valid in Spain.
That said, there are strong and reasonable doubts about the legality of this evidence. From a legal perspective, this is a solid ground for building a defence. Legal challenges may be based on:
- Mass surveillance without prior identification of suspects
- Violation of fundamental rights, such as the right to privacy or to a fair trial
- Inability to verify the technical origin of the data, which undermines the right to defence
- Use of foreign data in Spanish proceedings without judicial control
Therefore, challenging the validity of EncroChat evidence is a legitimate and potentially effective strategy, and should be considered on a case-by-case basis.
How can a lawyer defend you in an EncroChat case
A criminal defence lawyer with expertise in European judicial cooperation can build a strategy on two key fronts:
Challenging the EncroChat evidence
- Assessing whether the data was lawfully obtained under Spanish and EU law
- Objecting to its use if fundamental rights were violated
- Arguing nullity based on mass interception or lack of judicial control in Spain
- Challenging the technical authenticity and authorship of the messages
Challenging investigative actions based on EncroChat
If the messages are excluded, any investigative steps that relied on them may also be declared void. This includes house searches, phone taps, arrests, and more.
Practical example: If police obtained a search warrant based only on EncroChat messages, and that evidence is later excluded, the search may be invalidated and all collected evidence dismissed.
Additional legal strategies may include
- Verifying whether there were chain of custody errors or misidentification
- Considering mitigating factors such as cooperation, confession, or delays
- Negotiating a plea deal if the evidence is strong but trial is best avoided
An effective defence in EncroChat cases requires legal strategy, technical preparation, and a deep understanding of EU criminal law.
Why choose me if you are facing an EncroChat prosecution
I am a criminal defence lawyer specialising in EU cooperation and with hands-on experience in EncroChat cases. I understand how European Investigation Orders work, how digital evidence is transferred across borders, and how to identify and challenge violations that can be used in your favour.
- I conduct an in-depth review of the origin and legality of the evidence
- I create a personalised and strategic defence plan
- I work with digital forensics experts to question the data
- I offer legal support throughout Spain, 24 hours a day, 365 days a year
🎙️ To learn more, you can listen to my podcast on EncroChat:
- Spotify: https://open.spotify.com/show/63lJBOV7MQAYzjmG2KHdVc
- YouTube: https://www.youtube.com/@Miriamrosales_/playlists
There is still time to act. Do not wait for the case to progress without a solid defence.
📞 Contact: +34 633 933 547