P037. Evidence instruments against crime: Police intelligence expert

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Abstract

Intelligence evidence is a recurring means of proof in complex criminal proceedings, especially those related to organized crime, drug trafficking, terrorism and economic corruption. Despite the absence of a specific regulatory framework, its use has been legitimized by jurisprudence, particularly in the context of the fight against terrorism. These reports, prepared by the Police Forces, is that they go beyond the mere organization of evidence and establish determinations about criminal acts and criminal participation.
Generally, these documents are produced by specialized police units without the need for a prior request from the Public Ministry or the judicial authority, which places them outside of direct jurisdictional control and within the operational autonomy of the police. For this reason, its impact transcends the procedural area, since its dissemination can generate adverse social effects on those investigated even before its judicial validation.
Although these reports must be ratified at trial, their expert nature gives them considerable weight in the configuration of the criminal facts, displacing, in practice, the exclusive jurisdictional function of assessing the evidence. By significantly influencing the judicial determination of the facts, these reports can condition the procedural debate, restricting the judges' ability to make an independent assessment.
In the face of criticism about their impact on judicial impartiality, the increasing complexity of criminal investigations and the massive volume of data to be analyzed have made these reports essential tools in criminal proceedings, posing the challenge of harmonizing their operational usefulness with respect for fundamental procedural guarantees. For these reasons, the aim of this paper is to complete a study, in the light of case law and police practice, examining this tool in depth, proposing to establish its limits and to configure it in accordance with the principles of criminal procedure.

Author

• Eneko Echeverria Bereciartua, Professor of Criminal Procedure Law at University of the Basque Country UPV/EHU