Abstract:
En el presente trabajo se va a tratar la prueba ilícita en el proceso penal. Este
es un asunto muy complejo y polémico que ha dado lugar a una gran cantidad
de debates, tanto por parte de la jurisprudencia como por parte de la doctrina,
ya que, existen dos posiciones enfrentadas: la que defiende un... Ver más
In the present work, the illicit evidence in the criminal process is going to be
treated. This is a very complex and controversial issue that has given rise to a
large number of debates, both on the part of the jurisprudence and on the part
of the doctrine, since there are two opposing positions: the one that defends a
broader conception, and the one that supports a more restrictive vision, of what
we should understand by illicit evidence. This work will be oriented to study and
analyze the most restrictive conception, as this is the one accepted by the
majority of our doctrine. This conception defends, as we will explain in more
detail, that illicit evidence is evidence obtained and/or obtained in violation of
fundamental rights. At the same time, some of the different classifications of
illicit tests that exist and the criteria that are followed to make them will be
explained. Next, it will be pointed out which rights the doctrine understands to
be fundamental and some of the most violated fundamental rights in the
evidentiary process. Subsequently, we will proceed to explain what the
evidentiary exclusion rule consists of, its origin, its regulation, its effects and its
main exceptions. In fact, the procedural treatment of these tests will also be
discussed. And finally, two of the most controversial sentences that currently
exist in relation to this issue, specifically STC No. 97/2019, of July 16, and STS
No. 116/2017, of February 23, will be discussed, known as “the Falciani case”.
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