Facts
The appellant [X.] was found guilty by the District Court of Zurich of multiple threats and sentenced to a custodial sentence of 21 months. The High Court of the Canton of Zurich upheld the first-instance judgment. [X.] filed a complaint with the Federal Supreme Court and argued that the data collected by the criminal prosecution authorities, in particular on the location and time of sending the incriminating emails, were not admissible as evidence. The authorities should have had to go through the mutual legal assistance procedure instead of directly querying the data from the foreign communication service provider.Considerations
The Federal Supreme Court upheld the complaint. It stated that the data on the IP addresses and providers, through which the location of the email dispatch was determined, were connection peripheral data. Pursuant to Art. 273 para. 2 CrimPC, approval from the compulsory measures court…