Vulnerability, pre-constituted evidence and (effective) right to defense

Abstract

Organic Law 8/2021 has substantially altered the legal regime regarding pre-established evidence in relation to certain vulnerable individuals who testify as witnesses. Pre-constituted evidence must now be taken in these cases, and the presence of witnesses in court is very exceptional. In this scenario, two highly relevant circumstances come into play. On the one hand, there is a need to adopt protective measures for vulnerable individuals who must testify; on the other, there is a need to respect the right to contradiction and defense of the person under investigation.