This dissertation approaches the admissibility of means of surveillance as evidence in criminal procedure, specifically the admissibility of images and footage captured during the flight of a drone. This is a pertinent study in the face of the technological evolutions currently taking place, especially concerning the development and the improvement of audiovisual technologies. We shall approach these questions from the perspective of Criminal Procedure, taking into closer consideration the assessment of evidence made of pictures and sounds that might prove a criminal offence and/or enable the identification of the perpetrator. Not only are constitutionally established fundamental rights at stake, but also the rights of personal portrayal, the right to speak and to privacy, as well as the protection of the purposes of Criminal Procedure, which must be granted during the procedure. The importance of the topic is also justified by the double standards of precedent legal positions with respect to image capture and footage taken by private individuals and the admissibility of its use in criminal procedure. We will approach the doctrine and national jurisprudence in order to analyse the disputes taking place in High Courts in terms of the criteria and the guidelines that support the admissibility or inadmissibility of images and footage as evidence in criminal procedure. We shall articulate all this with the regime applicable by the Portuguese legal system to images and sounds collected by a device attached to a drone.
|Date of Award||4 Nov 2020|
- Universidade Católica Portuguesa
|Supervisor||Sandra Tavares (Supervisor)|
- Criminal procedural law
- Criminal evidence