Article 579 of the Criminal Procedure Law

  Criminal Procedure Law

Article 579. Of the written or telegraphic correspondence.

1. The judge may order the detention of private, postal and telegraphic correspondence, including faxes, burofaxes and money orders, that the investigated party sends or receives, as well as its opening or examination, if there are indications of obtaining discovery or information by these means. verification of any fact or circumstance relevant to the case, provided that the investigation has as its objective any of the following crimes:

1. Intentional crimes punishable by a penalty with a maximum limit of at least three years in prison.

2nd Crimes committed within a criminal group or organization.

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3rd Crimes of terrorism.

2. The judge may agree, in a reasoned resolution, for a period of up to three months, extendable for equal or shorter periods up to a maximum of eighteen months, to observe the postal and telegraphic communications of the person under investigation, as well as the communications of the that is used to carry out their criminal purposes.

3. In case of urgency, when investigations are carried out to investigate crimes related to the actions of armed gangs or terrorist elements and there are well-founded reasons that make the measure provided for in the previous sections of this article essential, the Minister of the State may order it. Interior or, failing that, the Secretary of State for Security. This measure will be communicated immediately to the competent judge and, in any case, within a maximum period of twenty-four hours, stating the reasons that justified the adoption of the measure, the action taken, the way in which it was carried out and its result. The competent judge, also with reasons, will revoke or confirm such action within a maximum period of seventy-two hours from when the measure was ordered.

4. Judicial authorization will not be required in the following cases:

a) Postal shipments that, due to their own external characteristics, are not usually used to contain individual correspondence but rather to serve the transportation and traffic of merchandise or whose contents are recorded on the outside.

b) Those other forms of sending correspondence under the legal format of open communication, in which an external declaration of content is mandatory or that incorporate the express indication that its inspection is authorized.

c) When the inspection is carried out in accordance with customs regulations or proceeds in accordance with postal regulations that regulate a certain type of shipment.

5. The request and the subsequent actions related to the requested measure will be substantiated in a separate and secret piece, without the need for the secrecy of the case to be expressly agreed.

art 579 lecrim

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