THE REVOCATION OF A PRISON SENTENCE FOR ILLEGAL TELEPHONE LISTENINGS WITHOUT RELEVANT EVIDENCES

THE SUPREME COURT HAS RECENTLY REVOKED A PRISON SENTENCE CONSIDERING IT WAS BASED ON TELEPHONE LISTENINGS WITHOUT RELEVANT EVIDENCES In this case, the investigated was sentenced with six and a half years of prison for a drug trafficking crime. However, the SUPREME COURT has appreciated that the sentence should annul itself, because the phone tapping was the only charged prove against the accused, being authorised by the Criminal Court number 3 of Madrid, based on a police office that, according to the SUPREME COURT, it did not have any evidence to justify the tapping and that, in particular, “it was a mere affirmation of an existence of drug trafficking that taking into account there was a lack of evidences it had to lead into a proper investigation”. So, the SUPREME COURT has confirmed that the police office presumed as something true that the accused was part of a criminal organization dedicated to drug trafficking and due to that they interpreted the rest of the piece of information.