Los hallazgos casuales en las diligencias de incautación e intervención de las comunicaciones digitales en Chile. Algunos problemas

The purpose of this article is to analyze the role of the so-called casual discoveries in the investigative proceedings of seizure and registration of digital communications in Chile. To achieve that goal, after making a brief analysis of the principle of proportionality and its relevance in the argumentative treatment, the work approaches the casual discoveries from a triple consideration: firstly, doing a conceptual and methodological analysis of the casual discoveries in consideration of its main manifestations in Comparative Law, particularly in countries such as Germany, Italy and Spain; secondly, examining casual discoveries in Chile and its most significant jurisprudential manifestations, based on articles 215 (referring to the entry and search procedure) and 223 (regarding the interception of telephone communications) of the Criminal Procedure Code; and, finally, tackling the casual discoveries of digital communications in Chile, its most relevant practical problems, as well as its possible ways of solution.