Article 579 bis of the Criminal Procedure Law

  Criminal Procedure Law

Article 579 bis. Use of the information obtained in a different procedure and casual discoveries.

1. The result of the arrest and opening of the written and telegraphic correspondence may be used as a means of investigation or evidence in another criminal proceeding.

2. For this purpose, the testimony of individuals necessary to prove the legitimacy of the interference will be deducted. In any case, the initial application for adoption, the judicial resolution that grants it and all petitions and judicial resolutions for extension relapsed in the origin procedure will be included among the essential background information.

3. The continuation of this measure for the investigation of the crime discovered by chance requires authorization from the competent judge, for which he will verify the diligence of the action, evaluating the framework in which the casual discovery occurred and the impossibility of having requested the to the extent that it included it at the time. Likewise, it will be informed if the proceedings continue to be declared secret, so that said declaration is respected in the other criminal proceeding, communicating the moment in which said secret is lifted.

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