Los registros informáticos como medidas de investigación tecnológica limitativas de derechos fundamentales y su eficacia probatoria en el proceso penal

Abstract

Computer inspections, as technological research measures in criminal proceedings, have been incorporated into our legislation with Organic Law 13/2015 of 5 October amending the Criminal Procedure Act to strengthen procedural guarantees and regulate technological research measures. With this reform, two main types of computer inspections have been established, which have been regulated in chapters VIII and IX of Title VIII of Book II of the aforementioned legal text and which are entitled respectively «Inspections of information mass storage devices» and «Remote records on computer equipment». The present thesis aims to make a complete study of these measures of investigation of the crime based on the treatment given to them by the jurisprudence prior to the aforementioned legal reform, with a complete analysis of the sufficiency of the new regulation and a study of the doctrine and jurisprudence that has been pronounced on the subject in this brief period of time. To this end, in addition to the peculiarities of this type of investigative proceedings, questions will be raised such as the fundamental rights that may be limited, as well as the evidentiary problems that will arise from obtaining the sources of evidence through the execution of the measure until its valid incorporation into the oral trial.