Remote search over computer hardware (Spanish Law)
Have you ever had the sensation that some was spaying you while you were working on your computer? Are you one of those who has the laptop´s camera covered? Because I am, and I have had this sensation more than one time. The next question we should ask to ourselves is, is this possible?, can […]
The Search of Devices of Massive Storage of Information (Spanish Law)
The title of this article is a literal translation of the name given to the Chapter VIII of the Title VIII of the Book II of the Spanish Penal Procedural Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim). To what are we referring when we talk about devices of massive storage of information? These […]
Utilization of technical devices of reception of the image, tracking and localization (Spanish Law)
The Spanish Penal Procedural Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim) has a chapter dedicated to two kind of devices, those used to receive and record image, and those which have the purpose of tracking the suspect.At first glance, we can see that both measures of investigation have not the same object, the […]
Reception and recording of oral communications through the utilization of electronic devices (Spanish Law)
We are in front of the most polemic measure of investigation. The entrance into a domicile, the interception of written correspondence, the interception of telephonic communications, are measures which may be expected by those who commit a crime. But who would think that a camera is recording what is happening at its home? Are the […]
The Interception of the telephonic and telematic communications (Spanish Law)
The Spanish Penal Procedural Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim) regulates in a specific chapter the interception of the telephonic and telematic communications. This chapter is in a title dedicated to all the measures of investigation which affect to the article 18 of the Spanish Constitution (henceforth, CE). It necessarily means that […]
Common dispositions to the interception of the telephonic and telematic communications, the reception and record of the oral communications through the utilization of electronic devices, the utilization of technic devices of tracking, localization and reception of the image, the search of massive data storage devices and remote search over computer equipment (art. 588 bis.a – art. 588 bis.k LECrim) Spanish Law.
When the Spanish Penal Procedural Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim) regulates the diligences aimed to interfere with the right to the secret of the communications, it divides theses diligences in two groups, the diligences which don’t need technical means to intercept the communications, and the diligences which do need these technical […]
The detention and opening of the written and telegraphic correspondence
The right to the secret of the communications is one of the fundamental rights more important of our Constitution (art. 18.3 of the Spanish Constitution, henceforth CE), it guarantees the transmission of a message without the interference of a third party, all the process of communication is protected regardless its content may be considered private […]
The search of books and papers (Spanish law)
The search of books and papers is a diligence of the Spanish Procedural Penal Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim), then it is aimed to find a clue of a supposed crime, which may support an accusation during a trial (art. 299 LECrim). More precisely, this diligence consists in the search of […]
The search of a domicile by the police (Spanish Law)
The intimacy of a domicile is a fundamental right guaranteed by the Spanish Constitution (henceforth CE), but as all fundamental right it is not absolute, it may enter into conflict with other rights recognized in the CE, it means that according some circumstances the police might enter into a domicile. What are these circumstances?, what […]
A brief comparison between the three personal preventive measures of the Spanish Penal Procedural Law
When we refer to the three personal preventive measures of the Spanish Penal Procedural Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim), we are talking about the detention, the provisional prison and the provisional liberty, the last also divided between with or without bail.The detention and the provisional prison share a title inside the […]