Título Segundo. Medios para investigar grupos delictivos organizados y delitos de grave impacto social

The time limits for the investigation of crimes committed by organized criminal groups shall be governed by the Code of Criminal Procedure; provided that an order of prosecution exists. While no order of prosecution exists against any person, the investigative acts provided for in this Law may be carried out, and the investigation may last until before the crime under investigation becomes time-barred pursuant to the Penal Code.

The Superintendency of Banks, the Directorate of Cadastre and Appraisals of Immovable Property, the Register of Immovable Property, the Mercantile Register, the Register of Trademarks and Patents, the Superintendency of Tax Administration, the Special Verification Intendency, and any other public entity, shall provide their collaboration when reports are requested from them for the investigation of the crimes covered by this Law.

The information obtained pursuant to the preceding article may be used exclusively in the corresponding investigation, the strictest confidentiality with respect to third parties to be maintained during this phase.

The public servant who improperly breaches the confidentiality of the record in the investigation phase or provides a copy thereof or of the documents shall be administratively liable, without prejudice to the criminal liability that he may incur.

Communications intercepted pursuant to this law and information related to the second paragraph of Article 24 of the Political Constitution of the Republic shall remain strictly confidential with respect to third parties during and after the entire criminal proceedings.

The competent authorities of other countries in matters of criminal investigation shall not be considered third parties.

At the request of the Public Prosecutor's Office to the competent judge, by favorable decision audits of individuals may be conducted when there are indications and sufficient justification derived from the investigation that provide well-founded grounds to presume that they are members of organized criminal groups. Likewise, audits of organizations or institutions may be ordered with respect to which there are sufficient indications that provide grounds to presume that they are being used for the development of the activities of criminal organizations.

Under this Law, the investigation shall also extend to the discovery of the structures, forms of operation, and spheres of activity of organized criminal groups.

As long as there is no person bound to criminal proceedings, there shall be no access to the actions carried out by undercover agents, to the interceptions of communications, and to the controlled deliveries. These measures may be known solely by the Prosecutor General of the Republic and Head of the Public Prosecutor's Office or, as applicable, by the controlling judge, the prosecutors in charge of the case, and those who participate in carrying them out.

When it is presumed on reasonable grounds that the integrity of persons who render testimony or expert opinions against any member of organized criminal groups is at risk, prosecutors shall arrange for the protection of the witness or expert in accordance with the provisions contained in the Law for the Protection of Procedural Subjects and Persons Linked to the Administration of Criminal Justice, and their respective testimonies or reports shall be received as anticipated evidence before the controlling judge.

Undercover operations and controlled deliveries referred to in this Law shall be authorized by the Prosecutor General of the Republic and Head of the Public Prosecutor's Office, upon request and under joint and several liability with the fiscal agent in charge of the case, and in strict adherence to the provisions of this Law.

The conduct of those proceedings where judicial oversight is required shall be governed in accordance with the Political Constitution of the Republic, the Code of Criminal Procedure and the provisions of Article 1 of this Law.

Fiscal agents may request and carry out, jointly or separately, the special investigative methods provided for in this Law.