În Spania, conținutul interceptărilor realizate de serviciile secrete este clasificat și nu poate fi, drept urmare, folosit în instanță

6 noiembrie 2018
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Like France, Spanish procedural legislation provides only for the general obligation to report facts on a possible crime to the police, prosecutor, or investigating judge. In addition there is a general provision on cooperation in Article 4 of the law on the National Intelligence Centre (CNI), which refers to the coordination of action between different government bodies. In practice, as shared by the Spanish law enforcement agency representatives during the workshop, information obtained by the CNI can be used only for the purpose of state security and strictly for the aim of criminal investigation; it cannot be shared with anyone except the Guardia Civil. Intelligence services can share data for the purpose of criminal investigation only as names or addresses or other identifiers, but they are not allowed to hand over the content of intercepted communications. Since all the information obtained by the CNI is classified, the police authority has no possibility to use this data in court.

Tatiana Tropina
(Comparative Analysis în Access to Telecomunication Data in Criminal Justice (coord. U. Sieber, N. von zur Muhlen), Duncker & Humblot, decembrie 2016, la p. 20)

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