La figura del agente encubierto en el sistema penal ecuatoriano

Abstract

The figure of the undercover agent has been evolving through time, taking different nuances and developing it institutionalization based on law principals, which sustain it application in the legal system of each state. Now, with the Código Orgánico Integral Penal, among the special investigation techniques the figure of the undercover agent has been incorporated, allowing the fight against organized crime when it is inaccessible through an investigation that guarantees the Due Process of law. Besides of the application of the Due Process, a legality control must be applied by the competent authority, and the non-violation of fundamental rights must be guaranteed. Finally, some transcendental aspects about the practical application of this figure are indicated.