He Council of Ministers approved a legislative decree that authorizes the review of computer equipment in cases of flagrante delicto linked to the crimes of extortion, hitmen and kidnapping, as well as those devices detected inside penitentiary establishments during unexpected operations.
The Presidency of the Council of Ministers (PCM) reported that this provision modifies the Criminal Procedure Code, approved by Legislative Decree No. 957, with the objective of strengthening investigations against crimes considered of high severity.
In accordance with the rule, the police officer may review the information contained in the computer equipment that is in the possession of the person being intervened, provided that he or she has prior authorization from the Public Ministry and when said review is essential to clarify the fact under investigation.
Likewise, the PCM specified that, once the investigation is concluded, the prosecutor must request the corresponding confirmatory resolution from the competent judge, thus guaranteeing judicial control of the procedure.
The measure seeks to preserve immediacy in obtaining digital evidence, a process that until now required longer periods, which could generate the risk of loss or alteration of information relevant to criminal investigations.
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