Controversial issues around the investigative measure of capture and recording of oral communications through the use of electronic devices. Determination of the encounter concept
Keywords:
criminal investigation, technological investigation, oral communication, fundamental rights, right to secrecy of communications.Abstract
The reform of the Law of Criminal Procedure throught the Organic Law 13/2015 comes to regulate technological research measures in more detail. The importance of this regulation lies in the fact that they imply the restriction of fundamental rights of the individual. Specifically, the capture and recording of oral communications causes the invasion of the most intimate sphere of the individual by affecting the privacy and secrecy of communications. This study aims to analyze the practical application of this measure based on its legal regulation and the fundamental rights affected. The focus is on raising the problems derived from the practice of this measure with special attention to the difficulty of establishing a concept of encounter as an essential element.
