La delivery controlled, also called delivery supervised, is a special technique of research used in criminal proceedings to allow goodsillicit substances, money, documents or other objects linked to a crime circulate under the supervision of the authorities, with the aim of identifying the perpetrators, accomplices, recipients or criminal structures involved.
In Republic Dominican Republic, this figure has recognition legal expressly, especially regarding crime organized crime, money laundering, drug trafficking and financing of terrorism.
La principal The regulatory basis is found in the Act No. 155-17 on Money Laundering and Financing Terrorism, specifically in its article 16, which states that, to request of the Ministry Public, organ jurisdictional competent authority may authorize the use of the delivery monitored by resolution motivated, under strict reserve and confidentiality.
From the point of sight procedural, the delivery controlled constitutes an exceptional measure, since it implies that the authorities temporarily allow the continuation of an apparently illicit, but controlled, activity institutional, with the aim of obtaining broader evidence and dismantling entire criminal organizations, rather than limiting themselves to the immediate seizure of objects or to arrest by authors of less level.
La authorization judicial is a requirement essential. The Ministry Public must justify the necesidad, proportionality and utility of the measure, indicating the object of the delivery, the people investigated, the risk involved and the mechanisms of mass surveillanceThe competent judge must assess whether the measure is indispensable for the research and if it respects the derechos fundamental aspects of the affected individuals.
La law Dominican law also contemplates emergency situations. In these cases, the Ministry Public may provisionally authorize the delivery controlled within the territorio national, but this obliged a report to the competent judge within the following forty-eight hours, so that he may validate or annul the actions taken.
Another relevant aspect is that the legislation allows the cooperation Diversification to execute transnational controlled deliveries. This is particularly important in investigations into drug trafficking, money laundering, treats of people, arms trafficking and terrorismwhere criminal operations often involve several countries. execution These measures must be carried out as seen here to international treaties, bilateral agreements and to principle de reciprocity between States.
La law grants legal protection to officials who participate in the execution of the delivery controlled. These agents may be exempt from responsibility penal for acts that, in circumstances normal, could be interpreted as collaboration with illicit activities, provided they act within the framework legal Authorized. Without. embargo, the standard expressly prohibits the provocation of the crime. That is, the authorities they can not induce or stimulate a person to commit a infringement that I had not done because will their own. Likewise, the agents may be subject to disciplinary action, civil or criminally if they engage in abuse, excess, or disproportionate actions.
In the area of drugs, the figure of the delivery controlled guard narrow relationship with the Act No. 50-88 on Drugs and Controlled Substances, since many drug trafficking investigations require mass surveillance regarding cargo, moneyvehicles, vessels or people linked to trafficking illicit of controlled substances. Although the Act Articles 50-88 primarily regulate drug offenses and their corresponding penalties, the technique of delivery The monitored system has been developed more specifically by the Act 155-17 and by the practice procedural of the Ministry Public in complex investigations.
En conclusion, the delivery controlled is a tool legal de research exceptional that seeks to strengthen the persecution of the crime organized through the obtaining of evidence and the identification of broader criminal structures. Its use requires authorization judicial, control of Ministry Public, respect for due proceedings and strict observance of the established legal limits.
