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Author: Bárbara Montes Iglesias
Criminologist

The figure of the undercover agent is key in the fight against crimes such as drug trafficking, terrorism, and human trafficking. Its regulation in Spain responds to the need to combat transnational organized crime, which is difficult to investigate using traditional methods. This article analyzes its legal framework, its historical evolution, and the differences between it and figures such as the informant or the infiltrator.

The legal limits protecting fundamental rights and the required professional profile are examined. The risk of inciting crime is also addressed, and regulatory and operational improvements are proposed. Doctrinal and jurisprudential sources, as well as testimonies, are included.

The text concludes by pointing out the need for European legal harmonization.

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