Acoustic surveillance and fundamental rights (Tribunal Constitucional judgment 99/2021, of 10th May)

Authors

  • Juan Ocón García Universidad de La Rioja

DOI:

https://doi.org/10.18042/cepc/redc.126.10

Abstract

The surveillance of conversations in the criminal process was the subject of an important pronouncement in Constitutional Court judgment 145/2014, which declared the violation of the fundamental right to confidentiality of communications and the nullity of the evidence thus obtained due to the lack of regulation of the measure. The subsequent normative intervention is examined in the 99/2021, of May 10, which we comment on in this paper.

There are two main problems that are addressed in the process and that we analyze. On the one hand, the framing of the recording of conversations in the object of the fundamental right to privacy or to the secrecy of communications. On the other, the constitutionally compliant interpretation of the current regulation about the duration of the measure authorized by the investigating court.

Published

2022-12-12

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES