The Undercover Agent in the Drug Law: The Fight Against Drugs in the Risk Society

Abstract:     
The following article represents a first time study of ”concealed police agents,” long contemplated in foreign legislations, but just recently incorporated to Chile’s positive law, in article 25 of the new law on drugs, law number 20,000. After defining the aforementioned institution, the article addresses the different criticisms formulated, in various scenarios, against the use of the “concealed police agents” technique by the State, in criminal prosecution, intending to at least enunciate the main constitutional and legal objections around this kind of agent in Chilean legislation, such as a possible violation of constitutional rights, e.g. the right to privacy and the right to home inviolability, as well as the eventual avoidance of previous judicial authorization as required by the legislation in those cases.

Note: Downloadable document is in Spanish.

Number of Pages in PDF File: 17

Keywords: Police infiltration, concealed agent

Accepted Paper Series