LA VALIDEZ DE LAS FILMACIONES DE LAS CÁMARAS DE SEGURIDAD EN UN PROCESO PENAL Y SUS INCIDENCIAS EN EL DERECHO A LA INTIMIDAD

Abstract

Before beginning this investigation, we must indicate that the validity requirements of the different types of evidence that may be presented by the parties as evidentiary activity; These limits are fundamentally due to respecting the dignity of the person, while the purpose of clarifying the facts that are the subject of the process cannot be impaired, as the person is the supreme end of society and the State. Therefore, these validity requirements are imposed, the necessary budget for the evidence provided by the parties to be admitted by the Judge of the Preparatory Investigation and by the Judge in charge of the Judgment stage, these pre-members to control legality and due process also exercise control of constitutionality on the evidentiary activity. The exercise of the evidentiary activity that was freely exercised by the parties must respect the current Accusatory Process of our Criminal Procedure System, therefore, the fundamental rights stipulated in our Constitution stand out, among them, by virtue of the work that concerns us in the present investigation, the right to privacy. The evidentiary means consisting of filming obtained by security cameras that capture scenes where there are situations concerning the privacy of a person may not be disseminated or if the filmed scenes are decisive in solving and clarifying a fact, they must be propagated following the outlined criteria in this research paper.