SÍNTESIS.- En el caso, corresponde revocar la resolución de grado y, en consecuencia, declarar la nulidad de la orden de peritar el contenido de los aparatos telefónicos móviles secuestrados.
En efecto, la Defensa sostiene que la orden de prueba debió haber emanado del Juez y no del Ministerio Público Fiscal, toda vez que en este caso, la medida probatoria de referencia es asimilable a un allanamiento, una requisa o a una intercepción telefónica. En definitiva, entiende que es el órgano jurisdiccional el único autorizado a emitir disposiciones que afecten el derecho a la intimidad (art. 19 CN) y privacidad del imputado.
Al respecto, contrariamente a la conclusión a la que arribó la A-Quo, consideramos que en el caso de estudio, se advierte que el análisis pretendido por el Fiscal a ambos dispositivos móviles secuestrados, implica una intromisión en la esfera de reserva del aquí imputado. Así, para entrar en este espacio de privacidad, se requiere obligatoriamente de la observancia de que la orden sea impartida por el juez, a los fines de poner en resguardo el derecho a la intimidad, constitucionalmente consagrado (arts. 18 y 19 CN, y art. 13.8 CCABA).
Ello pues, cabe resaltar que el principio general es que para obtener conocimiento alguno respecto del hecho que se investiga mediante la intromisión a los contenidos de comunicaciones se requiere la orden de un Juez. Esto es así para salvaguardar la garantía contenida en los artículos 18 de la Constitución Nacional y 13.8 de la Constitución local, en cuanto protegen el derecho a la intimidad.
Al respecto, la orden impartida por el Fiscal, puesta en crisis por el recurrente, respecto del análisis de los contenidos de los dispositivos móviles secuestrados, claramente implica una intromisión al ámbito de privacidad de una persona. Ello así, pues la información requerida por el titular de la acción implica conocer el contenido de mensajes de texto (SMS), de mensajería instantánea (Whatsap, FacebookMessenger, etc), de llamadas telefónicas, fotografías y filmaciones.
En este sentido, las solicitudes de información pueden diferenciarse en las que se requieren sólo datos (como la titularidad de un abonado telefónico o sobre registros de comunicaciones de un abonado –listado de llamadas entrantes y salientes-), de las intervenciones que son sobre el contenido de las comunicaciones, que configuran información “personal” o acerca de lo comunicado o transmitido, que claramente requieren ser dispuestas por el Juez.
Por tanto, es claro que la información que pretende conocer la Fiscalía, a través de la medida adoptada, implica una injerencia al derecho a la intimidad de las comunicaciones, resguardado constitucionalmente, y cuya intromisión solo puede ser dispuesta por una orden judicial fundada.
Nuñez, Jesús Omar, Cámara de Apelaciones Penal, Contravencional y de Faltas, 23/03/2017
Fuente: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires
I just want to say I’m newbie to blogs and seriously loved your web-site. Very likely I’m planning to bookmark your blog post . You really come with impressive posts. Regards for revealing your web site.
I believe that youtube is a great tool for anyone curious in watching or uploading videos. I have been using the site for years now, and still think it is doing a good job!
I really like your writing style, good information, thank you for posting :D. «I will show you fear in a handful of dust.» by T. S. Eliot.
I will equipment this study in direction of 2 versions of All those: current Zune home owners who are looking at an upgrade, and men and women striving in the direction of choose between a Zune and an iPod. (There are other players well worth contemplating out there, including the Sony Walkman X, however I count on this features on your own sufficient facts to create an mindful decision of the Zune vs gamers other than the iPod line as perfectly.)
If you are still on the fence: grab your favored earphones, intellect down toward a Easiest Buy and question in the direction of plug them into a Zune then an iPod and look at which a person sounds far better towards yourself, and which interface makes oneself smile extra. Then you may know which is instantly for you.
I am just writing to let you know of the remarkable discovery my cousin’s child had visiting your site. She picked up lots of details, not to mention what it’s like to possess a marvelous helping character to make most people without problems learn specific hard to do things. You actually did more than visitors’ desires. Many thanks for delivering the informative, safe, educational and even cool thoughts on that topic to Evelyn.
I genuinely enjoy reading on this website , it has got good content . «We find comfort among those who agree with us–growth among those who don’t.» by Frank A. Clark.
Its like you read my mind! You seem to know so much about this, like you wrote the book in it or something. I think that you could do with a few pics to drive the message home a little bit, but other than that, this is fantastic blog. A fantastic read. I will certainly be back.
Sorry for the large study, nonetheless I am definitely loving the fresh new Zune, and count on this, as effectively as the suitable reviews some other human beings consist of created, will aid oneself make your mind up if it can be the instantly alternative for yourself.
The contemporary Zune browser is incredibly superior, still not as superior as the iPod’s. It functions very well, nevertheless just isn’t as quick as Safari, and contains a clunkier interface. If by yourself once in a while software upon having the net browser which is not an issue, however if you might be designing to study the net alot against your PMP then the iPod’s bigger exhibit and better browser may possibly be significant.
Hands down, Apple’s application shop wins through a mile. It can be a substantial number of all varieties of applications vs a rather not happy variety of a handful for Zune. Microsoft consists of applications, primarily within the realm of online games, yet I am not guaranteed I would need toward guess upon the potential if this element is necessary toward on your own. The iPod is a significantly superior conclusion in just that scenario.
Thanks for writing this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Facebook. Thanks again for a great post!
Thank you for publishing this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Facebook. Thanks again for a great article!
The refreshing Zune browser is remarkably Terrific, however not as positive as the iPod’s. It is effective well, yet is just not as fast as Safari, and consists of a clunkier interface. If by yourself once in a while software on making use of the website browser that is not an issue, yet if you happen to be developing in the direction of read through the website alot from your PMP then the iPod’s bigger exhibit and greater browser could be critical.
I’ll gear this research to Two patterns of humans: current Zune owners who are thinking of an update, and These hoping in the direction of make your mind up between a Zune and an iPod. (There are other players well worth taking into consideration out there, including the Sony Walkman X, still I hope this gives you plenty of details towards create an knowledgeable selection of the Zune vs avid gamers other than the iPod line as very well.)
I’ll machines this assessment toward Two models of humans: latest Zune property owners who are contemplating an up grade, and persons trying to decide in between a Zune and an iPod. (There are other avid gamers value taking into consideration out there, such as the Sony Walkman X, nevertheless I hope this offers you sufficient details in the direction of deliver an mindful determination of the Zune vs gamers other than the iPod line as perfectly.)
Thanks for publishing this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Twitter. Thanks again for a great post!
The fresh Zune browser is shockingly good, nonetheless not as Excellent as the iPod’s. It is effective effectively, however isn’t as instant as Safari, and incorporates a clunkier interface. If oneself once in a while plan on getting the web browser that is not an issue, however if you’re creating to read through the web alot from your PMP then the iPod’s larger show and improved browser might be major.
If you happen to be still on the fence: grab your preferred earphones, intellect down toward a Least complicated Acquire and question towards plug them into a Zune then an iPod and look at which a person appears superior in the direction of you, and which interface results in by yourself smile more. Then you can expect to know which is specifically for you.
Sorry for the substantial evaluate, still I’m truly loving the fresh new Zune, and count on this, as well as the good quality critiques some other humans have created, will help by yourself make a decision if it’s the right option for your self.
The Zune concentrates upon remaining a Moveable Media Player. Not a internet browser. Not a activity machine. Perhaps in just the long term it will do even greater within those people areas, nonetheless for now it’s a very good route toward set up and pay attention towards your songs and movies, and is without having peer in that respect. The iPod’s positive aspects are its web browsing and purposes. If these strong added compelling, probably it is your perfect conclusion.
Hands down, Apple’s application shop wins as a result of a mile. It truly is a enormous range of all forms of purposes vs a in its place not happy conclusion of a handful for Zune. Microsoft consists of Options, especially in the realm of video games, however I am not yes I might have to have to guess upon the foreseeable future if this part is vital in the direction of your self. The iPod is a substantially far better option within that scenario.
I really like your writing style, wonderful information, thankyou for putting up : D.
Generally I don’t read post on blogs, however I wish to say that this write-up very pressured me to check out and do it! Your writing style has been amazed me. Thank you, quite great article.
The Zune concentrates on becoming a Portable Media Player. Not a world-wide-web browser. Not a match machine. Possibly inside the long run it will do even much better in those people areas, nevertheless for now it’s a Wonderful direction toward arrange and listen toward your songs and videos, and is with no peer in just that respect. The iPod’s positive aspects are its web traveling to and apps. If individuals reliable further persuasive, possibly it is your least complicated alternative.
You are my breathing in, I have few web logs and infrequently run out from to post .
I consider something really interesting about your site so I saved to bookmarks .
I haven’t checked in here for a while since I thought it was getting boring, but the last few posts are good quality so I guess I’ll add you back to my daily bloglist. You deserve it my friend 🙂
This is turning out to be a little bit even further subjective, but I a great deal want the Zune Market place. The interface is colorful, includes much more aptitude, and some amazing capabilities which include ‘Mixview’ that let on your own out of the blue watch equivalent albums, new music, or other people related in direction of what you are listening to. Clicking upon a single of those people will center on that solution, and an additional set of «neighbors» will occur into view, allowing for your self to navigate in the vicinity of exploring through related artists, music, or end users. Speaking of buyers, the Zune «Social» is as well Wonderful enjoyable, permitting yourself track down some others with shared choices and getting pals with them. On your own then can pay attention to a playlist manufactured primarily based on an amalgamation of what all your mates are listening towards, which is additionally fascinating. All those fearful with privateness will be relieved toward understand oneself can steer clear of the public against looking at your person listening routines if your self so make a decision.
I like this post, enjoyed this one regards for putting up.
Just desire to say your article is as amazing. The clearness in your post is simply nice and i could assume you are an expert on this subject. Well with your permission let me to grab your RSS feed to keep updated with forthcoming post. Thanks a million and please carry on the gratifying work.
I like what you guys are up also. Such intelligent work and reporting! Carry on the superb works guys I’ve incorporated you guys to my blogroll. I think it’ll improve the value of my website :).
Thank you for posting this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Twitter. Thanks again for a great post!
Good morning there, just turned mindful of your blogging site through The Big G, and have found that it’s quite informative. I’ll truly appreciate in the event you retain this approach.
Usually I do not read article on blogs, however I wish to say that this write-up very pressured me to take a look at and do so! Your writing style has been amazed me. Thank you, quite great article.
Thanks for publishing this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Twitter. Thanks again for a great post!