The Criminal Officer's Criminal Responsibility

Authors

Egmar Nascimento Bonfa Junior
Filipe Arantes Gonçalves
Rodrigo Pereira Martins Rodrigues

Keywords:

Police Infiltration, Law 12.850/13, Criminal liability

Synopsis

The objective of this work is to analyze what is the criminal responsibility of the infiltrated police officer who commits a crime within the criminal organization as an infiltrator. Police infiltration means the occasion when an undercover police officer infiltrates an organized criminal group acting as an integral p art of that organization, but with a single intention, which is to obtain evidence that helped with the police investigation. Within the Brazilian Penal Procedure Code, there are other means of evidence and other means of obtaining them while criminal prosecution is taking place, with police infiltration being one of those ways of obtaining evidence. In Brazil, in 2013, a law was created that deals with the criminal organization, the law 12.850/13 that in addition to dealing with the criminal organization, also provides for criminal investigation, as well as other means of obtaining evidence, and all the criminal procedure. The undercover agent has the possibility of acquiring evidence that the police would never have been able to reach. When it comes to police infiltration, it also analyzes the reason why she was admitted and the responsibility of that agent who receives authorization to be part of a criminal group, as well as discussing her liberality to, in a way, perform an illegal act that do not deconstruct your character. The infiltration of agents within criminal organizations, despite not having been created under Law 12.850 / 13, proved to be an innovative tool against strategies to combat organized crime. As a methodology, the hypothetical inductive method was used, this method was chosen, because through it one can search for a conclusion and a general truth, through a bibliographic search.

References

BONFA JUNIOR, Egmar Nascimento; GONÇALVES, Filipe Arantes; RODRIGUES, Rodrigo Pereira Martins. A responsabilidade penal do policial infiltrado. 2020. 22f. Artigo (Graduação em Direito) – Faculdade Minas Gerais, Belo Horizonte, 2020.

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Published

November 30, 2020