LEGAL EVIDENCE FROM OUTER SPACE: AN APPPROACH TO SPANISH JURISPRUDENCE

摘要

This paper focuses on Spanish jurisprudence and the use of the legal evidence fromouter space. Since 1998, there are numerous judgments that consider remote sensing asa mean of proof in Spain. It should be outlined three key judgments: sentences 479/2009and 609/2009 of the Tribunal Superior de Justicia de Castilla-La Mancha and thesentence 612/2008 of the Tribunal Superior de Justicia de Castilla y León. Regardingthe first two judgments, they made a positive consideration of the remote sensing: "Weshould refer to the key and decisive test in rejecting the appeal: remote sensing reports(…) shall discuss the probative value of remote sensing techniques"; "These issuesleave little room for pure legal argument, to enter fully into the objective assessment";"However, the probative value of reports of remote sensing has been discussed in court.The Supreme Court's jurisprudence has recognized the validity of reports of remotesensing". At the same time, these two judgments also make the followingconsiderations: "However, it is convenient to specify that it is not enough with thesupply of the graphic image, the images captured by satellite, as the graphic itself is notproof. What it has value as proof is the report of the technician subscribing it, histestimony expert and objective" ; "The image, despite being a photograph (a graphicrecord absolutely objective) is an instrument to facilitate the explanation of theinterpretation made of some data obtained through satellite technology and theirsubsequent computer processing"; "They are, as with an x-ray, ultrasound or MRI,(…)images obtained by scientific means that allow the study of a reality not perceptible byour senses". Concerning the sentence 612/2008: "remote sensing is a system that has tobe understood right per se to verify a certain level of default in relation to thestatement"; "remote sensing systems can provide evidence about the level ofcompliance with the initial declaration, in the same way that control systems byclassical field observation in situ by the controller"; "It cannot be denied that thecontrols by detection systems may serve to demonstrate the existing level of plantingplots in the same way that controls emanating from the physical presence of officials,checking in situ field."