Los medios de investigación relativos a la interceptación de las telecomunicaciones y de las conversaciones privadas en el anteproyecto de LECRIM de 2020Análisis crítico

Abstract

This work analyzes the novelties introduced by the Draft Criminal Procedural Law of 2020 in the regulation of investigative procedures related to the interception of telecommunications and private conversations. Special attention is paid to judicial control of these measures in the new scheme designed by the pre- legislator according to which the investigation is directed by the Public Prosecutor. It is observed that the legitimacy and legal correctness of the proceedings studied require effective judicial control that is exercised both at the time the measure is ordered, and during its development and termination. The additional requirements established by the pre-legislator in terms of incorporation into the process of traffic or associated data are considered. Likewise, the degree of interference in the privacy of the person under investigation is analyzed when the conversations are recorded at home. In this case, the State delves into the hard core of the privacy of any person and goes far beyond recording a two-way conversation held by several interlocutors. Therefore, it cannot be equated with any other limiting measure of the rights recognized in art. 18 of the Spanish Constitution