The undercover digital agent in Mendoza’s criminal legislation

Abstract

This paper examined the incorporation of the undercover digital agent into the criminal process of the Province of Mendoza, Argentina, following the reform introduced by Law 9510 to the Code of Criminal Procedure. The objective was to analyze this concept’s normative, procedural, and constitutional aspects in the context of combating organized crime and complex crimes committed in digital environments. The scope of the new legal articles regulating the role of the undercover digital agent was studied, along with other digital investigation tools such as data security and computer systems analysis. This concept’s risks to fundamental rights such as privacy and the right to freedom from self-incrimination were also assessed. The methodology critically analyzed current regulations, specialized doctrine, and relevant jurisprudence. Among the main findings, a tension was identified between the need for investigative effectiveness and the protection of constitutional guarantees. In conclusion, it was argued that the legitimacy of the use of digital undercover agents depends on their rigorous implementation, with strict judicial oversight, defined time limits, and safeguards that ensure respect for due process and fundamental rights.