2015

Abstract:The regulation of communications interception has gaps in the Spanish legal system. The application of the well-established standard of constitutional legitimacy for measures restricting fundamental rights has filled some gaps in criminal procedural law. The interception of communications with defense counsel can be viewed from different perspectives, depending on the stage of the criminal proceedings involving the defendant, as well as the crimes under investigation. The judicial authority may not issue a warrant to restrict communication with the defense attorney, unless the attorney is implicated in the commission of the acts under investigation, including the investigation of terrorist offenses.

Keywords:communications, wiretapping, attorney, defense, privacy, terrorism.