PROCEDIMIENTO PENAL – CUESTIONES DE PRUEBA – MENSAJE DE TEXTO (SERVICIO SMS) – INFORME TÉCNICO – DERECHOS Y GARANTÍAS CONSTITUCIONALES.
En el caso, corresponde confirmar la resolución que no hizo lugar al planteo de nulidad del requerimiento de juicio.
En efecto, el recurrente alega que se ha violado su derecho a la intimidad, en tanto se tornó público el contenido de los mensajes de texto enviados por el imputado a la presunta víctima.
La Defensora intentó equiparar, a los fines de la protección constitucional que reciben, un mensaje enviado al celular de la víctima a la “información personal almacenada” (cfr. art. 13.8 de la Constitución de la Ciudad Autónoma de Buenos Aires) y “los papeles privados” –“cuya naturaleza no se altera porque su soporte sea magnético o informático”– a los que hace referencia el artículo 18 de la Constitución Nacional.
De las constancias de la causa se desprende con claridad que el encausado decidió conscientemente manifestarse a través del medio de comunicación empleado, a sabiendas de que la víctima podía hacer públicas las frases allí vertidas, ello atento del mensaje recibido por la denunciante, donde el imputado hace referencia a la posibilidad de utilizar ese mensaje como prueba de una eventual denuncia.
Ello así, no es posible afirmar que las medidas probatorias solicitadas por el Fiscal para acreditar los hechos que invoca, sea susceptible de vulnerar garantías constitucionales del imputado. Ello, porque hasta tanto el Juez no resuelva su situación procesal mediante el dictado de una sentencia y hasta tanto ésta no adquiera firmeza, el encartado se encuentra protegido por el principio de inocencia.
Cámara de Apelaciones Penal, Contravencional y de Faltas. Causa Nro.: 0011779-00-00-14. Autos: Z., R. A. Sala III. Del voto de Dr. Jorge A. Franza con adhesión de Dra. Silvina Manes. 04-06-2015.
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Fuente: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires. El contenido puede ser reproducido libremente, y no genera responsabilidad por ello, bajo condición de mencionar la fuente y esta advertencia.
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Apple at present has Rhapsody as an application, which is a best start out, nonetheless it is at present hampered via the inability towards retail outlet locally on your iPod, and consists of a dismal 64kbps little bit price. If this modifications, then it will to some degree negate this advantage for the Zune, nevertheless the Ten songs for every thirty day period will even now be a significant additionally in just Zune Pass’ choose.
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If you’re nonetheless upon the fence: seize your favored earphones, thoughts down towards a Perfect Acquire and inquire in direction of plug them into a Zune then an iPod and check out which just one sounds far better to by yourself, and which interface produces you smile excess. Then you’ll notice which is immediately for yourself.
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The new Zune browser is incredibly good, nonetheless not as good as the iPod’s. It works very well, yet is just not as instant as Safari, and incorporates a clunkier interface. If your self often method upon using the website browser that’s not an issue, nevertheless if you are designing in the direction of go through the internet alot from your PMP then the iPod’s bigger show and superior browser might be essential.
I am going to equipment this evaluation toward 2 models of us citizens: recent Zune householders who are thinking of an upgrade, and All those making an attempt to determine involving a Zune and an iPod. (There are other avid gamers truly worth looking at out there, together with the Sony Walkman X, nonetheless I hope this features your self ample facts in the direction of make an mindful option of the Zune vs players other than the iPod line as well.)
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The Zune concentrates upon becoming a Portable Media Player. Not a internet browser. Not a recreation machine. Quite possibly in just the long run it will do even improved in just individuals areas, still for presently it really is a Good route in direction of arrange and listen to your music and flicks, and is with no peer within just that respect. The iPod’s positive aspects are its net viewing and applications. If individuals sound even further powerful, probably it is your most straightforward decision.
Apple by now consists of Rhapsody as an application, which is a fantastic commence, nonetheless it is at the moment hampered as a result of the incapability towards keep domestically upon your iPod, and incorporates a dismal 64kbps bit price tag. If this variations, then it will relatively negate this advantage for the Zune, nevertheless the 10 audio for every month will nonetheless be a large furthermore inside Zune Pass’ like.
This is turning into a little bit more subjective, nonetheless I substantially desire the Zune Market place. The interface is colourful, contains a lot more flair, and some neat capabilities together with ‘Mixview’ that allow for oneself all of a sudden see equivalent albums, songs, or other customers related in the direction of what you might be listening in direction of. Clicking upon just one of all those will middle on that merchandise, and an additional fastened of «neighbors» will occur into see, permitting oneself towards navigate near studying by means of similar artists, new music, or customers. Speaking of buyers, the Zune «Social» is too suitable enjoyable, enabling yourself locate other folks with shared choices and getting to be good friends with them. Yourself then can pay attention toward a playlist crafted based mostly upon an amalgamation of what all your mates are listening to, which is furthermore exciting. Those people apprehensive with privacy will be relieved in direction of comprehend by yourself can avert the general public versus seeing your personal listening behavior if oneself as a result make your mind up.
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Arms down, Apple’s app retail store wins by means of a mile. It can be a significant quantity of all styles of applications vs a rather disappointed quantity of a handful for Zune. Microsoft incorporates Options, particularly within just the realm of video games, but I am not of course I would will need in direction of guess upon the foreseeable future if this aspect is substantial to yourself. The iPod is a significantly much better decision inside that circumstance.
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