If a photographic examination is first carried
Police stations, where images including those of the alleged perpetrator are displayed, and subsequently, a lineup examination is carried out at the courthouse, this does not have to imply the contamination of the judicial recognition round, as stated in STS number 631/2019, of December 18, which refers to others, such as the STS of March 14, 1990. However, the reliability of the subsequent identification in court may be questioned if images of the person under investigation have previously been shown at police stations. This technical and legal work of questioning the validity of the proceedings will be the responsibility of the defense lawyer. Legal requirements for the practice of the recognition lineup in court In order for the recognition to have the value of subsequent incriminating evidence, it is necessary that when it is carried out in the investigation phase , it is carried out with all guarantees. These guarantees can be specified as follows: It must be carried out in court. The investigated person (object of recognition) must be assisted by a lawyer. The Lawyer will be present at the procedure.
The presence of the Investigating Judge is mandatory. The presence of the Lawyer of the Administration of Justice is mandatory, who will give public faith to the act. The law does not establish the minimum number of people who must be compared with the person inves minimum of 5 people. The issue is not unanimous. The people who stand next to the suspect in the identification lineup must share similar external features with DM Databases him. That is, they must have similar aspects (absolute identity between the participants is not required either). For example, the recognition of a North African person carried out in a recognition parade together with people of Caucasian origin would not be valid. At this point, it should be noted that article 372 of the Criminal Procedure Law provides that the people in charge of the custody of detainees must keep the clothes they are wearing, in order to have them available for the identification parades .
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That is, detainees will not be able to wear clothing different from that at the time of arrest to make recognition difficult. Irregularities in the recognition lineup During the identification parade, it is essential that the person being recognized is assisted by a lawyer specializing in Criminal Law. Thus, in the event that this procedure is not carried out with all the guarantees provided above, the Lawyer will record this by means of a statement that must be reflected in the minutes of the procedure. In this way, in the eventual oral trial , the recognition parade that was carried out without legal guarantees may be challenged, seeking to have it declared null. Although the decision on the annulment of the procedure will correspond to the Judge or Magistrate. Requirements for the lineup to reach the value of incriminating evidence According to the jurisprudence of the Supreme Court (STS no. 503/2008, of July 12, to which thferred), the recognition in line cannot be classified as evidence preconstituted or as advance evidence, since it is a procedure that can be reproduced in the act of the oral trial through the ratification of the witness.
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