Bill 62.

Summary.

The bill amends Article 314 of the Criminal Procedure Code (Código Procesal Penal), concerning the seizure of data. When computer equipment or data stored on any other medium is seized, the limitations concerning professional secrecy and the confidentiality of seized documents would apply. Examination of the data would be the responsibility of the Prosecutor conducting it. The accused person and defense counsel would be summoned to that proceeding with due advance notice, although their absence would not prevent it from taking place. Equipment or information that is not useful to the investigation, or that falls within the category of items that cannot be seized, would be returned immediately and could not be used in the investigation.

The same amendment addresses information supplied by telephone companies, distributors or concessionaires at the Prosecutor’s request. If that information serves as evidence for the investigation, its provision would not constitute a seizure of data and would therefore not be subject to mandatory subsequent review by the Guarantees Judge. A party who considers themselves affected could request a hearing to determine whether their rights were violated. This rule concerns information provided by those companies at the Prosecutor’s request and sets out both the procedural treatment of that information and the means by which an affected party may seek review.

The bill adds Article 279-A to the Criminal Procedure Code for offenses against sexual freedom and integrity. In such cases, the Prosecutor could ask the Guarantees Judge to take evidence in advance in order to receive the victim’s testimony. All parties entitled to attend the oral trial would participate in the proceeding. Where necessary, appropriate protective measures would be taken to safeguard the victim’s integrity while the testimony is received. The provision thus places that testimony in an advance proceeding before the Guarantees Judge, with the participation of the parties identified in the text.

The bill also amends Article 12 of Law 51 of September 18, 2009 (Ley 51 de 18 de septiembre de 2009). Information or data required by the Public Prosecutor’s Office (Ministerio Público) in a criminal investigation would be requested from the companies referred to in the preceding article of that law by means of a reasoned resolution, based on the principles of proportionality and exceptional use. The bill expressly identifies the amendment of Article 314 and the addition of Article 279-A to the Criminal Procedure Code, along with the amendment of Article 12 of Law 51 of September 18, 2009. It provides that it would take effect on the day after its promulgation. Its provisions concern the Public Prosecutor’s Office, the Guarantees Judge, accused persons, defense counsel and victims of those offenses; they may also concern telephone companies, distributors and concessionaires that supply information for criminal investigations.