Le attività di investigazione “sotto copertura” nel processo penale

DI MARCO GRANDE

ABSTRACT – Who are the “undercover agents” who carry out “undercover” investigations? What is the objective scope of these investigations? Can agents go so far as to instigate the suspect? Then, in the subsequent phase of the judgment, will the investigations carried out be taken into account for the purposes of the decision? What effect will the conduct of the infiltrated agent have on the authenticity of judicial proof? These, in summary, are the main coordinates in which the present paper moves. So that, a result, in the first place, the investigation is substantiates in the identification of the subjects who are included in the context of these peculiar investigation techniques and their specific area of operation. Secondly, the issues concerning the usability in the hearing of the investigative acts carried out during undercover operations, as well as the problems underlying the recruitment of the agents’ testimony are dealt.

KEYWORDS – judicial police, undercover operations, agent provocateur, special investigation techniques, agent’s testimony, fair process.

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