Overview of Technical Inspection Act
Overview of Technical Inspection Act
Inspection
Through the inspection of the police or the Public Ministry, the condition is verified.
of the places, things, traces and material effects that exist and are useful
for the investigation of the fact, or the identification of those involved in it.
A report will be raised that will detail those elements and, when
If possible, those that are useful will be collected and preserved.
If the act left no traces, nor produced material effects, or if they themselves
they disappeared or were altered, the current state in which they were will be described.
found, trying to describe the previous one, the way, time and cause of its
disappearance or alteration, and the source from which that knowledge was obtained. From
The same procedure will be followed when the person sought is not found at the location.
It will be requested for the person who resides or is present at the inspection to witness it.
place where it is carried out, or, when absent, to its manager, and to
lack of this or this to any adult, preferring relatives of the
first. If the person witnessing the act is the accused, and not
if their defender is present, another person will be asked to attend. Of everything
He or she will be notified to the Prosecutor of the Public Ministry.
Police Investigation
If the news is received by the police authorities, they will communicate it to the
Public Ministry within the next twelve hours and will only carry out the proceedings
necessary and urgent.
The necessary and urgent actions will be aimed at identifying and locating the
authors or authors and other participants in the punishable act, and to the securing of the
active and passive objects related to the perpetration.
The bodies and entities with competence in criminal and police investigation matters
they will check, through inspections, the condition of public places, things, traces
and material effects that exist and are useful for the investigation of the fact, thus
how to ensure the identification of individuals who could provide information
that contributes to the research.
The officials participating in the inspection will prepare a report.
content of what has been done, where they will describe the elements taken into account
effects of the investigation. The referred report will be sent to the Public Prosecutor's Office.
Article 51
Police Investigation
Minutes
Toda acta debe ser fechada con indicación del lugar, año, mes, día y hora en que haya
has been written, the people who have intervened, and a brief relationship of the acts
carried out.
The absence or omission of the date results in nullity only when it cannot be established.
with certainty, based on its content or by another related document.
The proceedings carried out shall be recorded, as far as possible, in a single document, indicating
on the day they are carried out, and the identification of the people providing
information.
The minutes will summarize the fundamental outcome of the actions taken and, with the utmost
possible accuracy will describe the circumstances of usefulness for the research.
Article 49
Article 50
1. To carry out the proceedings aimed at investigating and certifying the commission of a
punishable act with all the circumstances that may influence its qualification and the
responsibility of authors, female authors and participants, the identification of the victims, of
the people who have knowledge of the facts, as well as the securing of
the active and passive objects related to the criminal act
In the case of violent death or when there are well-founded suspicions that the death is
consequence of the commission of a punishable act, before proceeding to the
burial of the deceased, the criminal investigation police, assisted by the
forensic doctor will carry out the preliminary physical inspection, the description of
the position and location of the body; it will assess the nature of the wounds and will make the
relevant acknowledgments, in addition to the proceedings that I order you to carry out
Public Ministry.
When the forensic doctor is not available or does not exist in the locality
where the event occurred, the criminal investigation police will proceed to raise the
corpse, arranging for its transfer to the corresponding morgue, or to another place where
an autopsy can be performed, its final identification, and the delivery to its relatives.
The criminal investigation police will seek to identify the deceased.
by any means possible.
In this procedure, the rules of article 186 of this code shall apply when
relevant.
Article 03
Measures
The competent authorities for the application of this Law have the duty to
to implement all kinds of measures for its compliance. The measures
they may be informal, administrative, judicial, and of any other nature in
seeks to guarantee the rights of protected persons.
Article 04
Recipients of protection
The recipients of the protection provided for in this Law are all persons who are at risk.
danger due to or on the occasion of its current, future, or eventual intervention in the
criminal proceedings, as a direct or indirect victim, witness, expert or specialist,
public ministry employee or police officers, and others
subjects, primary and secondary, that intervene in that process. The measures of
protection can extend to relatives, by kinship within the fourth degree
of consanguinity or second degree of affinity, and to those due to their immediate relationship of
affective character, with those mentioned in the previous paragraph, as they require.
Article 07
The protection and assistance referred to in this Law must be provided by the bodies
competent jurisdictions, the police bodies for criminal investigations, the
organs with special competence in criminal investigations and the bodies of
support for criminal investigation, in their respective areas of competence, upon request
from the Public Ministry. All entities, organizations, and public dependencies or
privates, as the case may be, are obliged to provide the collaboration that is required of them
required by the Public Ministry or the competent jurisdictional body, for the
implementation of the protective measures provided for in this Law.
Article 09
In order for the protection provided for in this Law to be effective, those obligated or
obliged to provide protection or assistance to victims, witnesses, and others
procedural subjects, according to their area of competence, in coordination with the
Public Ministry, they will implement the necessary policies and strategies for the
attention to victims, witnesses, and other procedural subjects.
Article 21
9. Any other advisable measures for the protection of victims, witnesses and
other procedural subjects, in accordance with the laws of the Republic.