隐匿身份侦查人员刑事责任豁免权研究

The Research into Criminal Immunity for Hidden Identity Investigators

隐匿身份侦查人员刑事豁免权可以简单界定为:在实施隐匿身份侦查过程中,侦查人员所实施的犯罪行为在一定情形下免于刑事惩罚的权利。其本质上是一种程序性的个人公权利,属于绝对豁免权范畴。"正当权利保护""犯罪阻却事由"等理论证成了隐匿身份侦查人员刑事豁免权的正当性,其必要性体现在价值、规范与事实三个层面。而借鉴德国行政法的比例原则,隐匿身份侦查人员刑事豁免权的限度则可通过适当性、必要性与均衡性进行判定。

The criminal immunity for hidden identity investigators can be simply defined as the right to the immunity of criminal punishment in certain circumstances where the investigators commit crimes in the process of investigation. This immunity is essentially a procedural individual public right belonging to absolute immunity. Theories such as protection of legitimate rights and crime deterrent reason justify the immunity of criminal punishment for the hidden identity investigators. Its necessity is reflected in values, norms and facts. According to the principle of proportionality in the German administrative law, the limits of criminal investigators for his criminal immunity can be determined by appropriateness, necessity and proportionality.