New Criminal Investigation Measures: Police and Judicial. Criminal Defense and Corporate Compliance.

Area: Criminal: Defense and Litigation. Criminal Investigation and Defense. Corporate Compliance.
Author: IN DIEM Team, Criminal Law Area.

The CRIMINAL PROCEDURE LAW, effective December 6, 2015, allows for a greater degree of intrusion into the personal sphere, as well as into companies/organizations, which must be reconciled with the rights to privacy, inviolability of the home, and secrecy of communications as set forth in Article 18 of the Constitution.

These reforms and novelties, approved by ORGANIC LAW 13/2015, are reflected in the following modifications and updates according to the subject matter:

1.- Extension of the powers of the undercover agent [Art. 282 bis. 6 and 7 of the LECRIM].

2.- Determination and opening of written and telegraphic correspondence [Art. 579 and 579 bis LECRIM].

3.- Interception of telephone and telematic communications [Art. 588 ter a) to m) LECRIM].

4.- Capture and recording of oral communications using electronic devices [Art. 588 quater a) to e) LECRIM].

5.- Use of technical devices for image capture, tracking, and location [Art. 588 quinquies a) to c) LECRIM].

6.- Search of mass information storage devices [Art. 588 sexies a) to c) LECRIM].

7.- Remote searches on computer equipment [Art. 588 septies a) to c) LECRIM].

8.- Precautionary measures [Art. 588 octies LECRIM].

Evidently, such technological and legal innovation, by developing appropriate procedural methods within the LECRIM that will allow the use of results obtained from such methods, has a clear objective: to increase the state’s investigative work regarding potential offenders.

Undoubtedly, some of these investigative measures, with the provision of adequate means, stand out because they can be very effective, while also being developed under direct investigation of communication channels that are difficult for offenders to discover and avoid.

We are entering a new era of CRIMINAL INVESTIGATION, both police and judicial; in which risks and vulnerability are greater as a consequence of the capacity for investigation and discovery of infractions; even though, at the same time, new unknowns arise in the procedural and evidentiary spheres that will have to evolve as litigation progresses. Another new challenge.

“Change is the law of life. And those who look only to the past or present are certain to miss the future,”
John Fitzgerald Kennedy, 1917-1963.

Criminal Investigation and Defense. Corporate Compliance.

Do you need urgent assistance?
Call us at TEL 610 667 452

Need advice on criminal matters?
Request Our Services, call us or write to us: info@in-diem.com