Bill amending the Criminal Procedure Act to strengthen procedural safeguards on undercover agents
File 122/000174 · tabled on 19 March 2025
What it proposes
To limit police infiltration under an assumed identity. Despite its title, the text does not amend section 282 bis LECrim, which currently governs undercover agents: it inserts a single new provision, section 282 ter, prohibiting infiltration under an assumed identity for exploratory or preventive purposes outside the cases provided for in section 282 bis.
Parliamentary stage
- Current stage
- Awaiting the plenary vote on whether to take it into consideration
- Checked on
- File number
- 122/000174
- Text as tabled
- Official gazette · file 122/000174
The stage shown is the one recorded in the Congress open data on the date indicated. A bill in progress is not law: until it is eventually published in the official state gazette, the text in force set out below applies.
What would change, section by section
On the left, the text in force checked against the consolidated version; on the right, what the tabled text says.
Art. 282 ter LECrim
Text in force
It does not exist. Section 282 bis LECrim allows the investigating judge, or the Public Prosecutor reporting immediately to the judge, to authorise judicial police officers to act under an assumed identity in investigations into organised crime, and allows the judge to authorise an online undercover agent in closed communication channels.
Text as tabled
Any police infiltration in which officers act under an assumed identity for exploratory purposes, to uncover presumed offences or to gather, receive and analyse data, even if of supposed interest to public order and security, or to study, plan and implement crime-prevention methods and techniques, would be prohibited, except as provided for in section 282 bis. The text provides for entry into force twenty days after publication in the Official State Gazette.
Who it affects
The judicial police and the people or groups infiltrated by officers under an assumed identity outside the framework of section 282 bis LECrim. In proceedings, defence counsel challenging the validity of such an infiltration.
Related pages
Source: the text published in the official parliamentary gazette and the Congress of Deputies open data on legislative initiatives. Informational content; it does not replace the study of a specific case.
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