Telephone Tapping in Spain

Telephone tapping, a measure generally adopted by a judicial authority for the prevention and prosecution of a crime, is carried out under Article 579 of the Spanish Procedural Criminal Code (PCC). Although the European Court of Human Rights pointed out in Valenzela Contreras and Prado de Bugallo cases that this provision is not clear enough to give citizens an adequate indication of circumstances and conditions on which public authorities can issue this measure, the Spanish legislator has not amended Article 579 because there is a vast case law dealing with the question in Spain. This paper focuses on the European Court of Human rights case law and provides a lege ferenda proposal of Article 579 PCC.

Journal/Publisher: Ediciones Universidad de Castilla-La Mancha

Publication type: Article

Number of pages/Page range: 277-304

Language/s (content): English

Date of publication: 01-06-10

Personal data

Full name Marta MUÑOZ DE MORALES ROMERO

Current occupation Contact Point

University/Institution University of Castilla-La Mancha

Address Altagracia 50

Postal code 13071

Country Spain

Telephone 0034926295300 ext. 6849

Email marta.mmorales@uclm.es