RT info:eu-repo/semantics/article
T1 The use of intelligence information in criminal procedure: a challenge to defence rights in the European and the Spanish panorama
A1 Jimeno Bulnes, Mar
K1 Intelligence information
K1 criminal procedure
K1 evidence
K1 expertise
K1 European Union strategy
K1 fundamental rights
K1 defence
K1 Criminal law
K1 Derecho penal
AB Intelligence information that law-enforcement authorities may present as evidence in criminal proceedings is a questionable procedure. Intelligence reports are usually preventive and proactive measures for internal security and their discussion is important, in so far as they may be used as evidence and may have been acquired before the trial and even the prosecution phase. From the standpoint of defence rights, the use of such information undoubtedly calls for a review of criminal procedural principles; the accused and counsel cannot challenge such intelligence reports as the sources are secret and their introduction in a criminal proceeding circumvents the observance of the ordinary rules of criminal procedure. Despite the absolute absence of specific guidelines on national ordinary judicial procedure for the assessment of such intelligence information in Spain, a practical working arrangement has nevertheless evolved in the field. In this paper, the example of the Spanish panorama is described and some thoughts are advanced on a potential European approach. The concept of intelligence, whether such a concept is clearly identified in legal terms at a European and national level, as well as the practical ramifications of intelligence information used in criminal procedure with its consequences for the accused are all examined in the paper. The legal basis for the submission of such evidence both in Spanish legislation and in the judicial practice of the Spanish Supreme Court are also presented. The challenge is to ensure that the nature of such sensitive information and its assessment as evidence is at all times compatible with the observance of fundamental rights and, most especially, the procedural guarantees of the defendant.
PB SAGE
SN 2032-2844
YR 2017
FD 2017-06
LK http://hdl.handle.net/10259/4690
UL http://hdl.handle.net/10259/4690
LA eng
NO Proyecto de investigación financiado por el Ministerio de Economía, 2016-2018, UN PASO ADELANTE EN LA CONSOLIDACION DEL ESPACIO JUDICIAL EUROPEO Y SU APLICACION PRACTICA EN ESPAÑA: VISION DESDE EL PROCESO CIVIL Y PENAL (DER2015-71418-P)
DS Repositorio Institucional de la Universidad de Burgos
RD 26-abr-2024