Identifier: TFG:523
Authors: González Bedmar, Mª Cristina
Abstract:
Electronics Present proof is in many domains of daily life of citizens, affecting of the law world too. This work aims to give a picture of the current situation in the Spanish penal process about the electronic proof. On one side, has become a new tool for the new crimes commission, through electronic systems, and the other hand, has raised a new source of evidence, proof, in the judicial process. The test has as purpose: fix acts, convince the judge and get reaching certainty. The right to the proof, has special protection, it's constitutionally recognized in the art. 18 CE. The regulatory regime electronic proof is sparse, because the regulatory of the law on criminal proceedings (LECrim) did not prevent the advancement of technology and its possible use as evidence. During the last years has been introducing regulatory legislation on specific issues related to the use of new technologies, without having enacted legal statement not specific that regulate all extreme proceedings. In this work, study on how to make electronic evidence within the spanish criminal proceedings son which are incorporated that follow the channels , classes and the problem that is due to its poor legislation , which makes necessary go to comparative Law , the regulation of the traditional test and doctrinal and jurisprudential trends for having Information about all. Also consider what other evidence what is the effectiveness of electronic proof it affect its technical complexity-scientific , do easy handling, doubts about his integrity, authenticity and legality, and involvement by the continuous technological advancement.
Repositori URV