LAS COMUNICACIONES PRIVILEGIADAS ENTRE RECLUSO Y LETRADO
PRIVILEGED COMMUNICATIONS BETWEEN INMATE AND JUSTICE

Summary/Abstract: This paper addresses the question of the interception of on-site communications between a prisoner, inserted in a so-called "special subjection relation", and his lawyers. It discusses the different criteria that the case law has been holding on this point and the interpretation which the authors argue is this: with the current legal regulation, it is not possible to decree that interception unless there is court authorization and also investigates a terrorist crime. Thus, the prisoner has a special protection of freedom of communications, the reason for it is the protection of the rights of defense and self-incrimination, which would otherwise be reduced to zero and generate a serious deterrent to the exercise of such fundamental rights.

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