隐匿身份侦查中刑事法律风险规避机制探析

A Probe into the Avoidance of Criminal Legal Risks during the Detection with Concealed Identity

隐匿身份侦查是以侦查人员为主体,以"人力"为载体,假以"身份欺骗"为手段,借助"面对面或零距离接触侦查对象"为媒介,以追求"获取犯罪情报或犯罪证据"为目的的一种秘密侦查措施。《刑事诉讼法》对隐匿身份侦查作出了原则性规定,但对于隐匿身份侦查行为限度的界定及如何妥善规避隐匿身份侦查的刑事法律风险等问题尚缺乏系统的规定。从隐匿身份侦查的行为限度理论着眼,对隐匿身份侦查的刑事法律风险进行考察,倡导构建隐匿身份侦查人员的刑事豁免与保护制度具有理论与现实意义。

Detection with concealed identity is a secret detection measure aimed to obtain the criminal intelligence or criminal evidence by means of face-to-face or direct contact with the investigative target with the detective agent as the subject, "men" as the medium and the "identity fraud" as the approach. The Law of Criminal Procedure has provided the stipulation for the detection with concealed identity in principle, but there is still a lack of systematic provisions on the definition of the limits of acts in the practice and how to deal with the situation where the undercover officer is suspected of committing a crime. From the perspective of the theory on the behavior limit in the detection with concealed identity, this paper investigates the consequences of suspected crimes of the undercover officer, and advocates the establishment of criminal immunity and protection system for the undercover officer, so as to provide theoretical and practical reference for the practice.