AGENTE ENCUBIERTO INFORMÁTICO: ANÁLISIS DE UNA FIGURA NECESARIA EN LA ERA DIGITAL

  1. Villar Fuentes, Isabel 1
  1. 1 Universidad de Cádiz
    info

    Universidad de Cádiz

    Cádiz, España

    ROR https://ror.org/04mxxkb11

Journal:
Iter Criminis

ISSN: ISSN: 2789–3448 (impreso) ISSN–L: 2789–3448

Year of publication: 2021

Volume: 1

Issue: 2

Pages: 218-254

Type: Article

GOOGLE SCHOLAR

Abstract

The figure of the undercover virtual agent, introduced into the Spanish criminal procedural system with Organic Law 13/2015, has enabled the development of undercover computer investigations, which are very necessary in current forms of crime. The judicial control of the figure, with three intensities of authorization, for three levels of permitted actions: entry into closed communication channels with a false identity; exchange of illicit files and analysis of algorithms and, finally, capture and recording of images even in the home. The undercover computer agent is not free from controversies related to preauthorization contacts, agent provocateur or home entry with the consent of the owner vitiated.