General principles for the criminal prosecution of cybercrime: Spanish perspective

Abstract

The reform of October introduced into the Spanish legal system an important renewal of the measures available by criminal investigators for the prosecution of crimes committed through information and communication technologies This study analyzes the general principles of this legislative innovation the constitutional frame that directly influences them and how they will be applied in some particular investigation measures It is noteworthy that the long established criteria developed by jurisprudence to make the restrictions of fundamental rights are admitted by the legislator in this reform including the need for close judicial control which should ever take into account in a brief time a careful consideration of the proportionality in the limitations provided by the new articles