Magro Servet, V., Notes on the resolution of unlawful evidence in the Criminal Procedure Act (LECRIM) after Organic Law 1/2025
- Magro Servet, V., Notes on the resolution of unlawful evidence in the Criminal Procedure Act (LECRIM) after Organic Law 1/2025 of 2 January on efficiency measures, Diario La Ley nº 10639, Doctrine Section, 8 January 2025
The Magistrate of the Criminal Chamber of the Supreme Court analyses the most relevant transformation of the Spanish criminal process after the reform introduced by Organic Law 1/2025 on measures to improve the efficiency of the Public Justice Service.
In particular, he looks at the redefinition of the processing of unlawful evidence, highlighting the introduction of early rulings in preliminary hearings, a change that, in his opinion, seeks to guarantee a cleaner and more fair trial, strengthening the right to a defence, reducing the uncertainty and encouraging agreements between parties.
- Rodríguez Lainz, J.L., Article 588 sexies c.4 of the Criminal Procedure Act (LECrim) against new jurisprudence from the ECHR and CJEU on the police examination of mobile telephone devices, Diario La Ley, nº 10644, Doctrine Section, 15 January 2025
In this article, the Magistrate of Investigation Court 4 of Córdoba analyses the impact of the recent jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union on police access to mobile devices without judicial authorisation and, with this, digs deeper into how these decisions have moulded the interpretation of fundamental rights in the context of criminal investigation, highlighting the principles of proportionality, necessity and respect for privacy.
- Estévez Benito, r., Returning to the moment of the defendant’s declaration in the oral hearing after Organic Law 1/2025 of 2 January, a settled issue or lost opportunity?, Diario La Ley, nº 10650, Tribune Section, 23 January 2025
The Magistrate of the Criminal Court number 1 of Cáceres analyses the impact of the reform of Organic Law 1/2025, which establishes that the defendant’s declaration be done at the end of the trial. Through a comparative approach, in international law as well as jurisprudence of the Supreme Court, he examines this measure not just as a procedural question, but as a key element of the right to a defence.
