INFERIORITY OF ARMS OF THE DEFENSE IN THE CRIMINAL PROCESS? (Special reference to the right to proof)
Keywords:
LEGAL PROFESSION, ACCESS TO LEGAL PROFESSION, DEONTOLOGY AND DISCIPLINARY LAW, EXAMINING MAGISTRATE VERSUS THE PROSECUTING INVESTIGATOR, INTERNAL CONFIDENTIALITY DURING CRIMINAL INVESTIGATION, THE MEDIA AND CONFIDENTIALITY, EVIDENCE, INTRUSION ON PRIVACY AND COMMUNICATIONS, ENTRY AND SEARCH OF PREMISES, DEFENDANTS AND CO-ACCUSED STATEMENTS, EXPERT EVIDENCE.Abstract
Th e right of defence in general, as framed in criminal proceedings regarding the defendant or the accused, results in a number of rights of defence that are taken on by the defence counsel. Th e rights of defence in Spanish criminal procedure fail to be real and eff ective. Th is is because of legal shortcomings, both structural (the fi gure of the examining magistrate and poor quality control for access to law practice) and procedural (the abuse of internal confidentiality in the criminal investigation, interference by the media, lack of adequate legal regulation of judicial intervention in communications and in the entering and searching of premises, etc.). Th ese deficiencies put the defence in a position of inferiority regarding the allegations, and also in relation to the proposal, obtention and evaluation of evidence, requiring de lege ferenda solutions.
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