Africa-Press – Cape verde. The law that regulates the use of technical means of remote control, or electronic surveillance, to monitor coercive measures, penalties and security measures for defendants or convicts comes into force on April 22 in Cape Verde.
According to the diploma, published in Friday’s Official Bulletin, electronic surveillance offers numerous advantages, one of which, he says, is the possibility of avoiding contagion in prisons, through the negative influence of prisoners, some of whom have committed crimes serious, by allowing the accused or convicted person to preserve their freedom and maintain their family and social ties, aspects that could constitute important social added values in modeling behavior and preventing recidivism.
Among other aspects, the document informs that the electronic surveillance law is applied to comply with the coercive measure of prohibition and obligation to remain, provided for in article 289 of the Code of Criminal Procedure.
It highlights that it is especially important in the case of prohibition of contact with the victim, in cases where the defendant has been accused of committing crimes such as gender-based violence, ill-treatment of a child or vulnerable person, spouse or partner, or sexual crimes against minors.
It can also be applied to a ban on leaving the country, provided for in article 288 of the Criminal Procedure Code, whenever there is strong evidence or there is a serious probability that the defendant will leave the country with the aim of evading the action of justice, In this case, preventive detention cannot legally be maintained or applied.
It is also applicable for the modification of the execution of the prison sentence due to serious, evolving and irreversible illness, provided for in article 380 of the Code of Execution of Convicting Criminal Sanctions (CESPC), for the execution of the work sentence in favor of community, as a substitute for the prison sentence, in cases of transfer of inmates and detainees, including hospital admission and in cases of granting permission to leave a prison establishment.
However, the same law states that the use of technical means of remote control or electronic surveillance is subject to the prior consent of the accused or convicted person and can be revoked at any time, given in person before the judge, in the presence of the defender, as well as people over 16 years of age, who live with him, in this case provided to the Social Reinsertion Services, by simple written statement.
It also informs that the victim’s consent is also required when electronic surveillance covers their participation.
However, the document adds, the consent of the accused or convicted person and the people who live with them may be waived, whenever the judge, in a well-founded manner, determines that the use of electronic surveillance is essential for the protection of the rights of the victim, for example, when obligations of removal and prohibition of contact with the victim are imposed.
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