1. A LEI DO CIBERCRIME E A COLABORAÇÃO DO ARGUIDO NO ACESSO AOS DADOS INFORMÁTICOS.
- Author
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NEVES, RITA CASTANHEIRA and SANTOS CORREIA, HÉLDER
- Subjects
- *
COMPUTER crime laws , *SELF-incrimination , *COMPUTER crimes , *CRIMINAL investigation , *ELECTRONIC evidence , *LAW , *DATA protection laws , *CRIMINAL procedure , *DUE process of law - Abstract
This article seeks to problematize, under the Portuguese Cybercrime Law, if an accused can be compelled by judicial authorities to cooperate on the collection of evidence stored on its computer's hard drive, notably through the disclosure of its password, taking into account the constitutional protection of the privilege against self-incrimination. For this purpose, the procedural regimes established in two mechanisms of collection of evidence provided in the Portuguese Cybercrime Law are analyzed: (i) the injunction for presentation or granting access to data and (ii) the search and seizure of computer data. [ABSTRACT FROM AUTHOR]
- Published
- 2014