¿ autorizacion judicial para fotografias o filmaciones en lugares publicos? a proposito de un fallo acerca del alcance del articulo 226 del codigo procesal penal

Abstract

Based on a decision that excluded as a Public Ministry’s proof certain film shootings of an event of a criminal nature in a public place –because of an allegedly breach of Art. 226 of the Criminal Code– the author, criticizing such a decision, discusses the sense that decision might have. After determining its scope, he concludes that, despite the literal wording the regulation could suggest, it is not necessary to be judicially authorized prior to filming or photographing events occurring in public places. In his opinion, only if those events shot or photographed occur in private places, it is necessary to be judicially authorized, and such authorization could be granted only if such events deserve criminal punishment.