Resumo

ROSAS CASTANEDA, Juan Antonio. An analysis of the validity and probative value of tapes obtained with "wire traps". Bol. Mex. Der. Comp. [online]. 2009, vol.42, n.124, pp.253-287. ISSN 2448-4873.

The probative value recording private conversations made by one of the speakers across the so-called "wire traps" implies a prior assessment as to whether such conduct violates the right to privacy, the secrecy of communications and the guarantee of non-self-incrimination of the accused. However, this first level of analysis is not sufficient for the judge to give probative effectiveness to the evidence thus obtained, must verify compliance with certain requirements to ensure that the content of the tape recording or video is authentic and credible. The authenticity of the evidence is verified through the formalities applicable to the recognition of documentary evidence or through an expertise; while the "bonus" for credibility is obtained from the comparison with other tests also have been lawfully obtained and incorporated to the process.

Palavras-chave : Evidence; probative value; probative effectiveness; wire traps; right to privacy.

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