Controlled Surveillance: Research Technique
Introduction
Vigilated delivery is an exceptional criminal investigation technique that leads to special operations covered in order to obtain probative and incriminatory elements that allow the fair application of justice. This procedure requires extrajudicial proceedings prior to the investigation process, with observation of fundamental rights and constitutional guarantees in order that they are not violated, since the latter could stagnate the process by resolving a discussion on human rights, which would divert theEnd that is pursued is to catch the criminal group in flagrance.
Developing
This procedure also entails an instruction and planning phase. The scope of the actions of the undercover agent are limited by the Public Ministry. The Public Ministry will be directed before the control judge by means. In case of extreme need and operational urgency, the MP prosecutor may obtain authorization by any means such as the existing electronic means. Once verbal authorization, electronics among others.
This must immediately go to the control judge by means of the fundamental and reasoned application. Then it will be void of nullity that procedure carried out by police officers on their own without the prior coordination with the MP prosecutor and this in turn must obtain the judicial authorization for this. The legal bases are found (are) in Venezuelan domestic law, Criminal Code, Law against kidnapping and extortion, COOPP, from the article to that of the Organic Law against Organized Crime and Financing to Terrorism.
Likewise, the controlled delivery is directed towards criminal organizations dedicated to drug trafficking, kidnapping, extortion, trafficking in persons among others, so all special laws against these crimes are interrelated. In the same way, the current treaties and agreements signed by Venezuela. According to the Directive, related to the prevention of the use of the financial system in capital laundering operations: this special research technique is intended to obtain information, elements of conviction to discover or identify the persons involved in the crime commission.
Contribute evidence to the criminal process and providing direct collaboration to the authorities of other countries. As this is an international procedure, it has common principles and characteristics among all the countries that apply it: exceptionality, it is a technique that is applied exceptionally when there is absence or insufficiency of evidence that contributes to the criminal process and that can mean a prompt solutionto the subject subject to investigation. Jurisdictionality, it is the procedure must be authorized by the competent natural judge for jurisdiction, matter. Relevance and need.
The application of this technique is ideal and fundamental as an incriminatory element, does not matter its complexity and work. Proportionality: It is applied when public interest is greater than personal or private interests. Confidentiality, it is the procedure that is carried out with the strictest confidentiality, under penalty of criminal sanctions. Public Ministry and Police Bodies working closely and collaboration by chasing the same purpose of the apprehension in flagrance of the active, accomplices and collaborators, also seeking knowledge of the truth and the application of justice in compliance with the Constitution.
Current special laws and treaties signed by different countries. These procedures are applicable to all crimes contemplated the special laws that Organic Law of Drugs, Organic Law against Organized Crime and Financing to Terrorism, Law against Extortion and Kidnapping. For such purposes Venezuela is signed to international treaties and conventions for mutual cooperation among signed countries. In this special and exceptional procedure the active subject has the category of investigation, therefore, it maintains certain constitutional guarantees related to privacy, meetings, free traffic, among others.
conclusion
During the criminal process, rights to the investigated should be limited to obtain greater effectiveness in the actions. The use of surveillated delivery is for the persecution of criminal activities. Emphasis is placed on drug trafficking activities, human trafficking, human organs, among others. The surveillance and its impact on the sphere of fundamental rights and the globalized society. In foreign law as in Peru the controlled delivery requires the participation of an undercover agent who custodie and controls transport in the case of drug trafficking, while in Spanish legislation the surveillance carried out is used.
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