Algunos aspectos de la actuación policial en el contexto de la directiva 2016/343 de 9 de marzo

Resumo

The enlargement of the meaning of the presumption of innocence in the Directive 2016/343/eu will not make necessary to introduce reforms into the Spanish criminal procedure, which is amply complying with the European criteria of due process of law. But in the light of the new Directive’s concept it can be seen the lack of concern about certain aspects of police actuations, closely connected with the presumption of innocence. One symptom of this is the absence of regulation about measures like prep-walks, raids, handcuffs, mass-media exposures, etc. , and the consequent lack of criteria about the circumstances in which they may be appropriate. The important of this is evident, especially when these measures may be in many cases more afflictive than judgment itself. To overcome those deficiencies, the author underlines the importance to recognize and incorporate to the legal norm the true role of police intervention in the criminal investigation. And furthermore on the basis of the law nowadays in force and the case law related with it, it will be necessary to establish clearly who should decide in each case about the adoption or not of these measures.