Present the files to Mmo JIC in order to assess the application that follows.
Telephone tapping can put into crisis the fundamental values inherent to the reservation of private and family life – cf. art.26, no.1. of the C.R.P – to secrecy and inviolability in the field of telecommunications cfr. arts.34, no. 1 and 4, of the C.R.P. They are only admissible in situations where it is necessary to safeguard other constitutionally protected rights or interests.
Now, it follows from the provisions of art. 187°, no. 1, paragraph a) and 269°. no.1. point e). both from the C.P.Penal. that the interception and recording of conversations or telephone communications can only be ordered or authorized by the investigating judge in relation to crimes punishable by a maximum prison sentence of three years.
In view of the new elements brought to the file, contained in the previous kinesthetic research records, based on the report already attached to the file prepared by MARK HARRISON, it is to be assumed that the minor MADELEINE MC CANN may have died inside apartment 5A, where she was was spending holidays with his parents and two brothers, located at the Ocean CLub in Vila da Luz, Lagos.
The aforementioned kinesthetic research report states that dogs marked cadaveric odors and human blood in places inside the apartment where the missing child was located, and it has already been established that no death had occurred there on a previous occasion.
In point a of this report we can infer which places the cadaveric odor was reported, as well as the presence of human hematic traces. Also in point f) we observed that a cadaverous odor was detected, this time in the garden adjacent to apartment 5A.
Nothing was noted regarding the other dwellings.
In order to be able to delve deeper into this situation, which may have its outcome through new means of evidence, authorization for voice recording is requested, in accordance with what is legally established, namely the placement of an environmental listening device in two different locations, namely:
- Rua das Flores, n.° 27, Vivenda Vista do Mar, Urbanização Luz
Parque, Luz, Lagos (current residence of the MC CANN family in Vila da Luz). - Rental vehicle used by MC CANN of the brand “Renault,
“Scenic” model with registration number 59-DA-27.
The aforementioned kinesthetic research report states that dogs marked cadaverous odors and human blood in places inside the apartment where the missing child was located, and it has already been established that no death had occurred there on a previous occasion.
In point a of this report we can infer which places the cadaveric odor was reported, as well as the presence of human hematic traces.
Also at point f) we observed that an odor was detected corpse, this time in the garden next to apartment 5A.
Nothing was noted regarding the other dwellings.
In view of the investigation of this crime, and as mentioned by the PJ, it would be useful to try to seize objects related to the facts under investigation.
Therefore, taking into account that any seizure of objects related to the facts under investigation must be carried out following a search of the locations mentioned below, as those pieces of evidence will be stored in a location that is not freely accessible. to the public (article 174, paragraphs 1, 2 and 3, of the CPP), it is promoted that a home search be judicially ordered, to be carried out in accordance with articles 176°, paragraphs 1 and 2, and 177, nos. collection of new elements/clues.
- Rua das Flores, n.° 27, Vivenda Vista do Mar, Urbanização Luz Parque, Luz, Lagos (current residence of the MC CANN family in Vila da Luz). the elements of evidence, of interest for the investigation to be carried out
in these files, which are found in that location, and which are susceptible to seizure.
It is suggested from now on that the carrying out of the aforementioned home search be entrusted to the PJ, with the opinion that the M.P should be given a 20-day validity period for the warrants.
The present case investigates conduct that may be included in the crimes of homicide and desecration of a corpse, pursuant to the provisions of art. 1319 and 254 of the C Penal Code.
Therefore, it must be considered that there is evidence that substantiates a strong suspicion that, inside the vehicle that the MC C ANN use, there is evidence (instrumental and direct) of the commission of crimes subject to the investigation in the case, in addition , likely to prove fundamentally important for the objectives of the investigation.
Therefore, accepting the suggestion of the Judiciary Police, I authorize, under and in compliance with the provisions of articles 174.9, 176.9, 178 and 267%, all of the CPP, the carrying out of a search to seize objects and other elements of evidence relating to to the subject of these documents:
- in the Renault Scenic model vehicle, with registration number 59-DA-27.
To this end, issue warrants that I will sign and that must be
handed over to the PJ for compliance.
Deadline: 10 days.
