{"id":8880,"date":"2025-02-14T14:06:08","date_gmt":"2025-02-14T13:06:08","guid":{"rendered":"https:\/\/www.mercuryabogados.com\/en\/?p=8880"},"modified":"2025-02-14T14:19:21","modified_gmt":"2025-02-14T13:19:21","slug":"monitoring-of-telephone-communications","status":"publish","type":"post","link":"https:\/\/www.mercuryabogados.com\/en\/monitoring-of-telephone-communications\/","title":{"rendered":"Monitoring of telephone communications"},"content":{"rendered":"
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\n\t\t\t\t\t\tSafeguards for private communications\t\t\t\t\t\t<\/h2>\n\t\t\t\t\t\t\t\t\t\t\t
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<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n<\/div><\/div>
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The monitoring of telephone communications<\/strong> consists on the restriction of the fundamental right to confidentiality and privacy of communications<\/strong>, contemplated in the article 18 of the Spanish constitution. It is a measure ordered by the Courts that is very useful to clarify criminal acts<\/strong>.<\/span><\/p>\n

Our legal system brings a series of principles that provide security to all legal subjects that are being investigated<\/strong>, to protect that citizens cannot be in arbitrary situations against possible interference and illegal actions<\/strong> that could be carried out in our Courts.<\/span><\/p>\n

This is why prior procedural steps in the criminal process<\/strong> that may be limiting of Fundamental Rights<\/strong>, such as telephone monitoring<\/strong>, must comply with guiding principles suitable of guaranteeing that the sacrifice of the affected rights<\/strong> is not greater than the benefit that results from its adoption for the public interest and third parties.<\/span><\/p>\n<\/div>\n<\/div><\/div>

\n\t\t\t\n\t\t\n\t\t\t<\/span>\n\t\t\tLawyers Marbella specialized in Criminal Law\t\t<\/span>\n\t\t\t<\/a>\n\t<\/div>\n<\/div><\/div><\/div>
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Confidentiality of communications as a fundamental right<\/u><\/span><\/h2>\n

By virtue of the principle of quality of the enabling rule, the national regulations had to be adapted in relation with the possible injurious effects to the privacy of communications<\/strong>, which is why the monitoring of telephone communications<\/strong> must comply with the principles of specialty<\/strong>, suitability<\/strong>, exceptionality<\/strong>, necessity and proportionality<\/strong> of the measure, as is contemplated in the article 588 bis a) of the Criminal Procedure Law<\/strong>. <\/span><\/p>\n

The judge may agree the monitoring of private communications<\/strong>, only in cases that evidence can be obtained by this way, any relevant fact or circumstance for the investigation, provided that the purpose of the following crimes: <\/span><\/p>\n

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