Article 367 ter of the Criminal Procedure Law

  Criminal Procedure Law

1. The destruction of judicial effects may be ordered, leaving sufficient samples, when it is necessary or convenient due to the nature of the effects seized or due to the real or potential danger that their storage or custody entails, after hearing the Public Prosecutor's Office and the owner. , if known, or to the person in whose possession the effects whose destruction is sought were found.

In the case of toxic drugs, narcotics or psychotropic substances, the administrative authority in whose custody they are found, once the pertinent analytical reports have been prepared, ensures the conservation of the minimum and essential samples that, in accordance with scientific criteria, are necessary to guarantee subsequent verifications or investigations, and after notification to the investigating Judge, it will proceed to its immediate destruction if, after a period of one month from when it was carried out, the judicial authority has not ordered by reasoned resolution the full conservation of said substances. In any case, what is preserved will always be kept at the disposal of the competent judicial body.

2. In any case, the Judicial Secretary will extend the appropriate diligence and, if destruction has been agreed, the nature, quality, quantity, weight and measurement of the destroyed effects must be recorded in the records. If there was no previous appraisal, its value will also be recorded when its fixation is impossible after destruction.

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3. The provisions of the two previous sections will also be applicable to the effects intervened in relation to the commission of Crimes against intellectual property and industrial. Early destruction may also be carried out once such effects have been expertly examined, ensuring the conservation of the samples that are necessary to guarantee subsequent verifications or investigations, unless the judicial authority agrees through a reasoned resolution to preserve them in full within a period of one year. month from the destruction request.

4. If the objects cannot, due to their nature, be preserved in their original form, the Judge will decide what he deems appropriate to preserve them in the best possible way.

art 367 ter lecrim

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