Análisis jurisprudencial de la actuación de los sujetos intervinientes en la diligencia de entrada y registro domiciliario en el orden penal. El acta y su digitalización

Zusammenfassung

The act of entry and residence registration is regulated by the Law on Criminal Procedure of 1882. Only the date of the regulation indicates that the legal text is not adjusted to present circumstances and existing media today. In the absence of a new regulation has been the copious jurisprudence of the Supreme Court and the Constitutional Court rulings on the subject (to be affected the right to privacy at home) that are shaping the difficulties and theoretical problems and practical implications of the order authorizing entry and residence registration. The aim of this work is to analyze the performance of the parties involved in the act of entry and search of a home from a practical point of view, from the initial moment when requested until the final moment in which it is concluded. I also believe that the use of information technology in its realization is necessary for success, facilitating the identification of objects that were seized. In the first chapter I analyze the jurisdiction of the court to issue an order authorizing the act of entry and search, and the requirements of the court decision. The second chapter contains the notion of "accused" and all circumstances that may result to the presence or absence of the accused in the act of entry and search. In the following chapters I study the intervention of lawyers, witnesses, experts and translators. The fifth chapter analyzes the intervention of the law enforcement, and differentiation between two moments of the measure: the "entry" and "residence registration". In the sixth chapter I analyze the intervention of the Public Prosecutor under current law and possible legal reforms that are being developed. In the current regulatory intervention Prosecutor has no relevance in this act. The project for reform of the Criminal Procedure Act provides that the prosecutor may agree recording (with permission of the supervising judge) and be present. Finally, the presence of the clerk in the act (under the judicial public faith) allows its validity in the process. In the seventh chapter is studied the presence of the clerk in the diligence of entry and search and the evolution of law and jurisprudence to the current regulation. Therefore, in the second title, I include my contribution on the possible wording of a computer act that fairly reflects the items that have been intervened during the search, and the status of things at that time, and means that will be needed for implementation in the digital file. The use of technological advances and computers in the Administration of Justice has been slow and progressive. From this study tries to reflect the importance of their use for the successful conclusion of the procedure. Its use is guaranteed to all parties that are involved in the process. A photograph will always be the best description of an object that has been intervened, not only for enumeration, but also to determine the state in which it is located. Incorporate photography to act represents the largest possible identification of an object intervened, full identification and status. I intend to highlight the importance of using electronic and computer media available today to give the necessary relevance to the work of constancy that the clerk performs in this act.