La Cámara Criminal y Correccional Federal sostuvo que es una función indelegable del juez el de inspeccionar correspondencia de las partes y decidir que resulta conducente antes de darle acceso a las otras partes
Date | 16 September 2015 |
Author | Diego Fernández,Gustavo P. Giay |
Published date | 16 September 2015 |
Law Firm | Marval O'Farrell Mairal |
Este caso nace a raíz de una investigación penal en la que la Policía Federal secuestró una computadora personal del demandado y realizó una búsqueda de sus correos electrónicos. La búsqueda había sido ordenada limitada a la utilización de ciertas palabras claves que los hicieran relevantes para el caso y filtrando de ese modo el resto de la correspondencia privada. La búsqueda la hizo la División de Tecnología de la Policía Federal y arrojo un resultado de 17.543 mensajes de correo electrónico, los que se copiar a un disco rígido.
Debida a falta de personal el juez de primera instancia delegó la inspección de los correos electrónicos en Policía Federal, quién conservaba una copia en su poder. El demandado solicitó la anulación de esa delegación y que sea realizada por el juez.
La Cámara Federal de Apelaciones en lo Criminal y Correccional aceptó el pedido del demandado y sostuvo que el artículo 235 del Código Procesal Penal es claro al sostener que únicamente el juez de la causa quien puede inspeccionar la correspondencia y divulgar a la otra parte aquella que estime...
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