Problemática de las intervenciones telefónicas en el proceso penal: una propuesta normativa

Identifier:  TDX:1964

Handle: https://hdl.handle.net/20.500.11797/TDX1964

Authors:  Casanova Martí, Roser

Abstract:
The aim of this research is to analyze the legal regime of intervention of communications as a measure of investigation in criminal proceedings, with the main objective of providing a proposal of reform in that regard. Currently, is regulated by the article 579 of the Criminal Procedure Act, as a result of the reform of Organic Act 4/1988 of 25th May. However, over time it has been proved that this regulation is completely insufficient. This lack of regulation leads to a conflict between practice of intervention of communications and certain fundamental rights, especially privacy of communications protected by article 18.3 of Spanish Constitution. Therefore, it is essential to find a balance between the practice of this measure of criminal investigation and the protection of fundamental rights which may be affected by that kind of measures.