The present work deals with an analysis of the police intervention of electronic devices (GPS, tracking beacons etc.) in the framework of criminal investigation. With a comment of the Supreme Court resolution 881/2020, of the 13th May, the 2nd Chamber consolidates the correct interpretation of the current jurisprudence whom affirms that the investigation of the crime, when it is restrictive of fundamental rights, must be approached under the prism of the trial of proportionality, thus following the most recent European jurisprudential doctrine, when we find ourselves in the so-called "reasonable expectations of privacy". The recent reform of the Criminal Procedure Act of 2015 represents an unavoidable advance in the legal regime of investigative measures, applied to the investigation of crime and to the constitutional function of the judicial police, in accordance with modern techniques provided by technological advances. However, despite this, doubts arise over the application of the regulations (arts. 588 and following), which are often generalist and unapproachable by the legislator. Therefore, it is a challenge to design a criminal procedure with due guarantees, using the most varied and modern instruments of electronic surveillance, especially in the face of those crimes in which computer science and ICTs play a very important role.
PALABRAS CLAVE proporcionalidad, investigación criminal, derechos y tecnología