Jackeline Jossy Zanabria Tello, Nilton Isaias Cueva Quezada, Gerardo Francisco Ludeña Gonzalez

DOI: 10.59427/rcli/2024/v24cs.1996-2003

In the scenario where there is an effective collaborator, which is in the corroboration stage, with the alleged criminal organization being active, then the criminal prosecution against Organized Crime in preliminary proceedings disposes on its own initiative or from the collaborator himself (for more information, benefits in his agreement) to become a special agent, this makes the collaborator continue in contact with members of the criminal organization and participate in possible illicit events. On the other hand, the criminal procedure code and the Regulation of legislative decree No. 1301 – Supreme Decree No. 007-2017-JUS, establish in principle that the effective collaborator has distanced himself from criminal activity, but the figure of the special agent is that this collaborator remains immersed in this criminal organization in order to provide information, generating a complete paradox. The objective of the present investigation seeks to analyze and interpret these two legal figures that are carried out at the same time in order to discern what changes could be innovated, so as not to collide. The methodology will be, that of a review of the basic type of bibliography under the prism support that allows elucidating the theoretical significance of both legal figures described and thus achieving deciphering the paradox it presents. From the results it is perceptible that there is a problem when the same person works as a special agent in undercover operations and at the same time is in a special process of effective collaboration.

Pág 1996-2003, 06 May