Análisis de la validez y eficacia probatoria de las grabaciones subrepticias

Abstract

For a surreptitious recording made by one of the interlocutors to be admitted as evidence in a judicial proceeding, it must meet the requirements of validity and evidentiary effectiveness, In the first case, it is necessary to determine whether the right to personal or family privacy, the right to secrecy of communications, and the guarantee of prohibition of self-incrimination during the collection of evidence have been violated. In the second assumption, the authenticity of the evidence must be examined, verifying compliance with the requirements demanded the admission of documentary evidence, given that tape and video recordings are considered documents in which it must be accredited that the voice or image corresponds effectively to a specific person. An inadequate motivation of the judge would lead to the defenselessness of the injured party and consequently the violation of due process, legal certainty, and effective judicial protection.