Una visión práctica sobre la diligencia de entrada y registro y el concepto constitucional de domicilio
Introduction. 1) Constitutional concept of 'domicile'. 2) Scope of constitutional protection according to spaces and places. 3) Estimates of the “Search Warrant”. 4) Judicial decision according the measure: cause . 5) Problems that may arise with respect to the content of the “Search Warra...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2014
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5593384 |
| Source: | Revista de Derecho, Empresa y Sociedad (REDS), ISSN 2340-4647, Nº. 4, 2014, pags. 45-62 |
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| Summary: |
Introduction. 1) Constitutional concept of 'domicile'. 2) Scope of constitutional protection according to spaces and places. 3) Estimates of the “Search Warrant”. 4) Judicial decision according the measure: cause . 5) Problems that may arise with respect to the content of the “Search Warrant”: a) Motivation by reference b) Motivation based on confidential police information c) Omission of the date and time that should be noted in the “Search Warrant” d) Omission of the name of the title-holder of the domicile 6) Incidents that may arise in the development of the “ Search Warrant”: a) Registration made without the presence of the accused, not detained b) Registration made without the presence of the person concerned, (arrested (inescapable presence) c) Exception to the presence of the person concerned, when the arrested is carried out at the same time in two homes searched simultaneously d) Legal assistance during the development of the “Search Warrant”, legally authorized e) Absence of the judicial clerk during the procedure of “Search Warrant” f) Unintended or divergent findings in the course of the practice of the diligence of “ Search Warrant”. g) Intervention of computers or mobile phones in the course of the “ Search Warrant” 7) “Search Warrant” with the consent of the person concerned: consent requirements 8) Issues that may arise around the provision of consent 9) Concept of "Flagrant crime", so-named in that it yields the constitutional protection of the right to the inviolability of the domicile 10) Forms of incorporation of the outcome of the criminal proceedings 11) The “Search Warrant” in the draft of the Spanish “Law on Criminal Procedure”. |
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