Inmates’ right to secrecy in communications with their legal representatives from penitentiary establishments

Authors

  • María Luz Martínez Alarcón

Keywords:

Interception, communications, lawyers, prisoners

Abstract

The debate on the possibility of limiting, intercepting, the communications between lawyers and their clients in prison has recovered protagonism in our country as a result of the interception of communications authorized by Baltasar Garzón in the well-known Gürtel case. The aim of this article is to analyze, with regard to this case, the most important legal questions raised by this issue. Firstly, we will identify which one is the law applicable to the interception of communications between lawyers and their clients in prison and which one is its interpretation. Secondly, we will analyze what consequences can produce the illegality of the interception on the evidences obtained through it. And, finally, we will answer if it is possible to punish the judge who has authorized this kind of interception.

Issue

Section

STUDIES