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EFICAZ EN EL PERU
Autor: Edhín Campos, Juez Superior Titular de la Sala Penal Nacional, Phd en Ciencias
Legales por la Atlantic International University, Doctor en Derecho y Educación, Magíster
en Ciencias Penales, Licenciado en Ciencias de la Educación, Licenciado en Comunicación
Social y Docente Universitario.
RESUMEN
ABSTRACT
This article develops effective collaboration as an instrument to combat organized crime and
the limits it presents in a democratic criminal process. It raises the differences in treatment
between the witness-collaborator and the informant-collaborator, as well as the need to
guarantee the confidentiality of the collaborator's identity and the exercise of the right of
defense of the accused who are incriminated with their statement. It also develops the
special characteristics of its autonomous regulation in Peru and finally addresses the need
to transfer information provided by the collaborator to other criminal proceedings. Article 409
- B of the Criminal Code establishes that anyone who improperly reveals the identity of an
effective, aggrieved, expert, special or covert agent and protected witness, which allows
their identification, will be punished with a prison sentence of no less than four nor more
than six years old. If the agent is an official or public servant, the sanction will be no less
than five nor more than seven years of imprisonment. Within this context, an important detail
to specify is that any person who reveals the identity of a protected witness is susceptible to
a criminal investigation, because it puts the witness's physical integrity at risk. So it is
important to indicate that a protected witness is a person who has witnessed a punishable
act and goes to trial, instead an effective collaborator is a repentant criminal, who has
knowledge of how a criminal organization works, has separated into timely manner, provides
relevant information and enjoys the criminal privilege law. The witness is a collaborator of
the administration of justice, on the other hand an effective collaborator is an informer who
accesses criminal benefits.