THE EXISTENCE OF SPECIFIC ENCOUNTERS OF THE PERSON UNDER INVESTIGATION AS A LEGITIMISING FACTOR IN CAPTURING AND RECORDING ORAL COMMUNICATIONS AND IMAGES: A HYPOTHESIS THAT IS DIFFICULT TO IMPLEMENT
Keywords:
Fundamental Rights, Procedural Guarantees, Technological investigative measures, Capturing and recording oral communications and images, Specific encounters of the person under investigationAbstract
This paper studies the specific requirement consisting of the “existence of specific encounters of the person under investigation” as a legitimising factor in the adoption of the technological investigation measure consisting of capturing and recording of the oral communications and images of the person under investigation, analysing two important court rulings, one from the Supreme Court and the other from the Constitutional Court, which offer a different take on this requirement, which requires greater legal specification to ensure the necessary legal certainty.
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Copyright (c) 2023 Manuel Díaz Martínez
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