The intervention of the oral direct communications and their probative value in the criminal proceeding

Identifier:  TFG:513

Handle: https://hdl.handle.net/20.500.11797/TFG513

Authors:  De la Rosa García, Begoña

Abstract:
This degree final project focuses on the study of oral communication interventions, direct or in person. This refers to those communications that do not require any device for there execution, this can be used as an important tool for criminal proceedings that can greatly help clarify the facts of the “fase de instrucción” in court. However, we currently do not have specific regulations addressing this issue in our legal system. Firstly, the constitutional legitimacy of the intervention of the direct speech is examined to comprehend what fundamental rights are addressed. We then focus on its legality, given the lack of legislative development regarding this issue, it was made possible by analysing the position adopted by the doctrine and jurisprudence around it. But this document does not limit its self in analysing the current situation, its ultimate goal is to examine the “Proyecto de Ley Orgánica de modificación de la Ley de Enjuiciamiento Criminal para el fortalecimiento de las garantías procesales y la regulación de las medidas de investigación tecnológica” approved last 13th of March of 2015, assessing in turn the advantages and disadvantages of and suggesting possible solutions that may be more appropriate. Moreover, it also deals with the intervention of such communications within the prison environment. And finally, it analyses the probative value that may have recordings of these communications in the context of criminal proceedings.