Libro Primero · Título III · Capítulo V Sección Sexta. Reconocimiento

The documents, things and other elements of conviction incorporated into the procedure may be exhibited to the accused person, to the witnesses and to the experts, inviting them to recognize them and to report thereon whatever may be pertinent.

The documents, things or elements of conviction that, according to the law, must remain secret or that are directly related to facts of the same nature, shall be examined privately by the competent tribunal or by the judge controlling the investigation; if they are useful for ascertaining the truth, it shall incorporate them into the procedure, safeguarding confidentiality with respect to them. During the preparatory procedure, the judge shall expressly authorize their exhibition and the presence of the parties at the act, to the extent indispensable to guarantee the right of defense. Those who obtain knowledge of those elements shall have the duty to keep secrecy regarding them.

The tribunals and the Public Prosecutor's Office may require reports on data contained in records kept in accordance with the law.

Reports shall be requested indicating the procedure in which they are required, the name of the accused person, the place where the report must be delivered, the time limit for its submission and the consequences provided for non-compliance by the person who must provide the report.

When it is necessary to individualize the accused person, his/her identification in a lineup shall be ordered, in the following manner:

1)The person carrying out the identification shall describe the person referred to and shall state whether after the act he/she has seen him/her again, in what place, for what reason and for what purpose;

2)The person submitted to identification shall be placed in view of the person who must identify together with other persons of similar outward appearance;

3)The person carrying out the identification shall be asked whether among the persons present is the one he/she designated in his/her statement or imputation, and, if affirmative, he/she shall be invited to point him/her out clearly and precisely.

4)Finally, the person carrying out the identification shall state the differences and similarities he/she observes between the condition of the person pointed out and that which he/she had at the time to which his/her prior statement or imputation refers.

Observation of the lineup shall be conducted from a concealed place.

When the accused person cannot be presented, for justified causes in the judgment of the tribunal, his/her photograph or other records may be used, observing the same rules.

The rules of testimony and those of the statement of the accused person shall govern, respectively. To the extent possible, precautions shall be taken to prevent the accused person from changing his/her appearance. Identification proceeds even without the consent of the accused person.

In the record documenting the identification, all members of the lineup shall be identified by name, domicile and residence.

If several persons are to carry out the recognition, the act shall be conducted separately, taking care to ensure that they do not communicate with one another.

When several persons are to be recognized by the same person, they may be placed in a single lineup together with others, if the investigation is not prejudiced.

If it is necessary to identify another person who is not the accused person, the foregoing rules shall be followed to the extent possible.

During the preparatory procedure, the defense counsel of the accused person and the judge who controls the investigation must be present at the act, whereby said act shall be equivalent to those carried out pursuant to the provisions on anticipated evidence and may be incorporated into the trial.

Things that are to be recognized shall be exhibited in the same manner as documents. If advisable for the ascertainment of the truth, the recognition shall be conducted analogously to the provisions of the preceding articles.