Within the procedures of a police or jurisdictional investigation, the courts of justice may authorize the intervention of oral, written, or other types of communications, including fixed, mobile, wireless, digital telecommunications, and by any other technological means, when it involves the clarification of the following crimes: extortion, debt-collection extortion, extortive kidnapping, aggravated corruption, aggravated procuring, manufacture, production, or dissemination of pornography and sexual crimes against minors; human trafficking, illicit trafficking of migrants, and organ trafficking; smuggling, qualified homicide, simple homicide, femicide, femicide in other contexts, genocide, terrorism, and the crimes provided for in Law 7786, Law on Narcotics, Psychotropic Substances, Unauthorized Drugs, Related Activities, Money Laundering, and Financing of Terrorism, of April 30, 1998, as well as the crimes of corruption against the duties of public function indicated: improper bribery, proper bribery, aggravated corruption, acceptance of a gift for an act performed, corruption of judges, penalty of the corrupter, extortion by a public official (concusión), prevarication, embezzlement (peculado), misappropriation (malversación), embezzlement and misappropriation of private funds, illicit enrichment, legislation or administration for one's own benefit, irregular surcharge, influence peddling, transnational bribery, influence against the Public Treasury, fraud of law in the administrative function. The courts of justice may also authorize the intervention of communications within the procedures of a police investigation for the disappearance of a person, when there are sufficient indications that allow for a presumption that the absence was preceded or caused by a crime contemplated in this article.
In the same cases, said courts may authorize the intervention of communications between those present, except as provided in the second paragraph of Article 26 of this law, when they occur within domiciles and private enclosures; the intervention may only be authorized if there are sufficient indications that criminal activity is being carried out.
(Thus amended by the sole article of the Law for the Modernization of the Intervention of Communications, No. 10500 of July 17, 2024)