Machiavelli
Philosopher
- Joined
- Sep 19, 2010
- Messages
- 5,844
The data gets copied onto a disk. Not sure what the big deal is.
I think you may understand what the problem is.
Incidente probatorio requires that the parties discuss on the same piece of information, and that such piece of documentation is produced under procedures that everyone can control.
If the files allow to change settings, produce new charts, change scales or magnify details, for example, those procedures must be done during the incidente probatorio, all parties must be sure of how they were obtained and all parties should agree to the framework of what information and document will be in the file for the parties to be discussed.
If the defence uses the files to produce a chart image, for example, that prosecution and other parties don't have and don't know about, that would be a violation of the basic principles of the procedure.