StinkySardine

A little clarification is probably timely. I have translated the relevant CPP article. Not Astro-quality, but I think it's understandable. Have fun, and hope it helps!

Art.86
Publicity of the process and secrecy of justice

1 �?The penal process is, under penalty of nullity, public, taken into consideration the exceptions foreseen in the law
2 �?The instruction judge may, at the request of the arguido, the assistant or the plaintiff, and having heard the Public Ministry, determine the process will be under secrecy of justice in the inquiry phase if he/she believes publicity may harm the rights of those subjects or other legal participants. This decision is not subject to appeal.

3 �?Whenever the MP believes that the investigation or the legal rights of the process participants may be in jeopardy, in can subject the process �?in the inquiry phase �?to secrecy of justice. That decision has to be validated by the instruction judge within 72 hours.

4 �?In the case the process has been declared under secrecy of justice under the terms of the previous number, the MP can, by its own initiative or by request of the arguido, the assistant or the plaintiff, lift the secrecy terms at any moment of the inquiry.

5 �?Whenever the arguido, the assistant or the plaintiff require lifting the secrecy terms but the MP does no do so, all documents are sent to the instruction, who will decide whether or not to lift those terms. That decision is not appealable.

6 �?Publicity of the process implies, under the terms defined by the law, and particularly, of the following articles, the rights to:

a- for the public in general, to be present in all procedural acts
b- Narration of the procedural acts or the reproduction of its terms, by the media
c- Consultation of the files and request for copies, extracts and certified copies of any parts of those files

7 �?Publicity does not include data pertaining to the basic rights of privacy that do not constitute evidence. The judicial authority determines, by dispatch, by its own initiative or at request, the elements which will remain [always �?my annotation] under secrecy of justice ordering, if it’s the case, its destruction or giving it back to the person(s) to whom it concerns.

8 �?The secrecy of justice binds ALL those subjects and procedural participants as well as any other person who, in any count, has been in contact with the process or has any knowledge of any elements contained therein. Namely, it implies prohibition:

a- to witness or gather knowledge of any aspects of any procedural acts that he/she does not have the right or duty to witness or take knowledge
b- to publicise or otherwise divulge the occurrence of any procedural acts or its contents regardless of the motive of such publicity or divulgation.

9 �?The judicial authority can, on a founded basis, give, order or allow access to certain persons of the contents of procedural acts or documents if it does not harm the investigation and if :

a- it’s convenient to determine the truth
b- it’s indispensable to allow the interested parties to exercise their rights

10 �?The persons referred to in the previous number are nevertheless bound by secrecy of justice.

11 �?The judicial authorities may authorise the emission of certified copies of the contents of a procedural act or document currently under secrecy of justice as long as such copies are necessary to a process of criminal nature, to the instruction of a disciplinary action of public nature or to the admission of a civil indenisation request.

12 �?If the process concerns an accident caused by a road vehicle, the judicial authority will allow certified copies to be taken:

a- where knowledge is given of procedural act or document under secrecy of justice for the purposes foreseen in the last part of the previous number and under request founded on art. 72, n. 1, a.
b- From the official acknowledgement of accident notice emitted by police authority for the purposes of extrajudicial litigation resolution where the insurance company ensuring civil liability is an interested party.

13 �?The secrecy of justice does not hinder the judicial authority to make public statements when they are necessary for the reestablishment of the truth and do not jeopardise the investigation:
a- At the request of persons who have been publicly put into question
b- to ensure the safety of people