The importance of effective collaboration to combat crime
As we can see within the special processes created and established in the new Criminal Procedure Code, the effective collaboration involves great consideration in the investigation and judgment of the unusual respected crimes, mainly of organized crime, administering prémial mechanisms of Criminal Law and Law Procedural in which they provide timely and effective information to know the criminal cases indicated I have said process, achieve the evidence of their commission, locate and detain their authors and participants, mainly.
Its normative precedents date back to Law No. 27378, of December of the year 2000, to continue with the cases of organized crime that were happening in the 1990s and given the obligation to know the cases of corruption that harmed the political, legal balance , economic and social of our country. It is indicated that the effective collaboration has allowed not only to understand the cases of corruption, but also made the beginning of judicial processes likely, with the contribution of the necessary evidence for its penalty and even the repair of large sums of money that had been deposited in bank accounts abroad for the corruption that was in that time.
The new Criminal Procedure Code retains the benefit procedure for effective collaboration of Law No. 27378 and strengthens its content in the light of the experience achieved and the different forms of crime that are known until today. Likewise, article 472 and subsequent code constitute its objectives, areas of management, the personal proceedings of verification of the information contributed, the benefits granted, the judicial agreement and resolution admitting or not admitting the agreement between the parties, thus as the rules of protection of the aggrieved collaborator, witnesses and experts that include the effective collaboration.
In accordance with article 474 of the Code of the Criminal Procedure Code, the information delivered by the collaborator must access: prevent the continuity, duration or extinction of the crime; or unable to counteract future actions of criminal organizations; or know the eventualities in which the crime (foul) or the eventualities in which the process is executed were projected and executed; or identify the authors and participants or the members of the organization or its functioning of said crime committed, so that it allows to dissolve it; or deliver instruments that help the process, effects, profits and criminal goods linked to the functions of the criminal organization or investigate the sources of their financing. That is, the means of application turns out to be wide enough, in order to facilitate its realization according to the objectives of this research process.
It tells us of a special process different from the ordinary process, which is placed within the so -called prémial mechanisms that modern criminal law and procedural law go to confront structured crime, in such a way that the way in which the accused person is regulated of a crime committed or suffering from a sentence, can achieve certain benefit (benefit) in exchange for facilitating and providing timely and effective information to be treated to the criminal organization, refer to the effects of a crime, capture the main authors of crime committed or Know other people involved, recover bad money, within the main objectives of the process.
It is a procedure with initial specialties, verification of information, agreement and judicial control. Endorses at the end of the opportunity and seeks probative elements in the clarification of crimes and authors against organized crime and under the framework of the criminal transaction to execute through the norms applying the law. To the point that the collaborator provides information or evidence that are verified by the fiscal authority with the support of the National Police; And if in case it is appropriate and effective, a benefits agreement is signed in its favor of the involved, which must be submitted to the approval of the criminal judge of that case.
In between the most primary principles of this process we appoint the effectiveness, so that the testimony provided must be considerable and useful for the criminal investigation that is executed, or must admit avoid future actions, know the eventualities in which it was projected or executed the crime, or empowers to know its authors or participants or the instruments or means used for the process. If the testimony does not produce such effects, lack of efficiency. The convenience of information is also considerable, because if it contributes late or already known through other means of research, it does not create any benefactor.
Through the principle of proportionality, the benefit established with the testimony or evidence contributed by the collaborator is linked; Through the principle of verification, the need for the information contributed to undergoes investigation and corroboration by the Prosecutor and the National Police specialized in said process. Likewise, the principle of procedural formality, rooted in the execution of the procedural laws that incorporates the reserve with which the judicial control must be executed so that the power of the jurisdictional authority verifies the legality of the agreement and the Principle of revocability in the case of breaking the obligations that apply to the collaborator who received the benefits.
This process is executed and directed by the prosecutor at the request of the petitioner, the collaborator; There would be no problem that it is the same prosecutor who announced to the accused or participant of the benefits of effective collaboration. It also has the acts of verification of the information or evidence provided by collaborate; the National Specialized Police helps research; The accused, his defender, the aggravated party and the prosecutor signs (sign) an agreement to consent benefits for collaboration, carried out by it, accepting preliminary agreements; The Judicial Authority may be approved by the agreement or pact by issuing a sentence or reprimanding the same pronouncing the relevant resolution; The challenge against what was resolved by the judge of said process. This whole procedure is reserved by the parties.
In the process of authorization of collaboration benefits, it can also be started and directed by the Superior Prosecutor if in this case the criminal process is in a phase prior to the trial, in this case the data and evidence offered by the accused of said procedure and continue with the legally expected; He will express the agreement to be reached between the parties and sent the acadted to the judge so that he will execute a special private hearing according to (Article 478º). Indeed, this process can be developed even when there is a written tax accusation, which makes its feasible and procedure viable in the intermediate phase. The law also constitutes the contingency of holding this special process after the conviction is issued, and thus the certain criminal benefits are achieved in (Article 478º-3) of the Code Code Code.
The benefits established by the law on effective collaboration are; 1.- Exemption of penalty; two.- decrease in penalty up to a medium below the legal minimum; 3.- the suspension of the execution of the penalty; 4.- conditional release; or, 5.- The remission of the penalty that is missing for the one who has been serving a sentence. We can say that both in the case of prerogative as well as in the penalty reference, it is requested that effective collaboration allows access to avoid a crime of special affinity and gravity; recognize and favor the arrest of the leaders of criminal organizations; reveal substantive aspects of the sources of financing of the criminal organization, of the effects, instruments, profits or criminal goods of obvious importance and consideration for the processing.
In the following cases, other benefits can be given free or joint. It is necessary to make it clear, also, that it is possible as in the previous legislation that benefits of procedural order occur, so that if the accused is with a detention mandate, it could be changed to the appearance (article 474º-3) of the Procedural Code.
Reaching the conclusion, at least a deep application of effective collaboration must The denaturation of its fundamental aspects for the process, nor the ignorance of limits, impediments and guarantees inherent to the figure, as we see that it has happened in various points introduced by the legislative decree that modifies the Code Code.
Keep in mind that the effective collaboration is in itself a heterodox figure that means (which disagrees with the principles of a doctrine or that does not follow traditional norms or practices, generalized and accepted by the majority as the most appropriate in a certain area), dscutted by many, which is located within what is legally defensible. One more reason to refer to excesses.
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