Agente encubierto y proceso penal garantista: límites y desafíos

[EN]The growth and development of new forms of serious crime have criminal proceedings in alarm, while the prosecution made ​​in the traditional mold, with research methods already widely known, is proving inadequate in fighting crime modern. It then imposes procedural rules establishing compatible with modernization of organized crime, but always respecting as much as possible and guarantees the rights of those being investigated or charged. In addition, new forms of criminal investigation need to be transposed into the legal systems of the various regions of the world in order to establish equality in terms of confronting the criminal organizations performance. So the figure of the undercover agent which is presented as an effective and powerful to penetrate the underworld of organized crime, seeking to know and collect information, data and evidence to come to contribute to the criminal prosecution of persons responsible for the felonies practice. In obedience to the tenets of constitutional proportionality and due process of law, covert action is consistent with the basis of a criminal guarantees, becoming the infiltrate lawful behaviors performed from showing relationship of respect to the object of research and under the authorizing resolution. The evidence presented at trial and obtained from an operation by undercover agents in a particular criminal organization deserves to be accepted as further evidence within the set of acts evidence, whether we consider the fact that the limitation on the rights suspect's fundamental are justified in light of the principle of proportionality and their delivery of suitability, necessity and weighting.

Author

• Cardoso Pereira, Flávio

• Tesis y disertaciones académicas
• Universidad de Salamanca (España)
• Academic Dissertations
• Derecho procesal

Identifier

hdl:10366/121134

OAI identifier oai:identifier

oai:gredos.usal.es:10366/121134