Unit:
Κατεύθυνση Ποινικό Δίκαιο και Ποινική ΔικονομίαLibrary of the School of Law
Supervisors info:
Αριστομένης Τζαννετής, Επίκουρος Καθηγητής, Νομική Σχολή, Εθνικό Καποδιστριακό Πανεπιστήμιο Αθηνών
Original Title:
Άρση απορρήτου ηλεκτρονικών επικοινωνιών και όρια των αποδεικτικών απαγορεύσεων
Translated title:
The act of waiving of confidentiality of communications and the limits of the evidentiary prohibitions
Summary:
The present master thesis attempts to analyze three basic concepts; namely the confidentiality of letters, correspondence and communication, understood as a fundamental constitutional right (a.19 Constitution), the abolition of telecommunications confidentiality as a special interrogation act and evidentiary prohibition, which serve as protective barriers to the protection of the right to privacy of communication. The first section analyzes the concept of confidentiality of letters, correspondence and communication from a constitutional point of view. The second section examines the scope of the right to privacy of communication. In particular, the issue of traffic and location data is investigated and the question of whether the latter are included in the concept of communication privacy is examined. The third section makes reference to the transcript stage and analyzes the emerging issues in conducting it, attempting an interdisciplinary approach to the issue by highlighting the importance of the field of forensic linguistics and phonology. The fourth thematic section deals with the essential issue of the use of evidence in relation to the evidentiary prohibition introduced by a.19 par.3 C. and the exemptions of the above rule are examined. In addition, it is attempted to conduct a comparative analysis of the right to confidentiality of communications in the United States and the examination of the exclusionary rules in relation to domestic regulations. The last section deals with the case of accidental findings, and in particular the procedural treatment of them is investigated with respect to the special investigative act of the waiving of confidentiality of communications under a. 5 par. 10 of Law 2225/1994.
Main subject category:
Law and Legislation
Other subject categories:
Criminal Law
Criminal Procedure
Keywords:
waiving of confidentiality, evidentiary prohibition, communications, traffic data, location data, accidental findings
Number of references:
100
