The value of the information obtained through awarded delation to agree to precautionary measures

Abstract

The possibility to create in criminal process a Leniency Programme, makes necessary to determine the scope of this system to ensure that it’s suitable with the norms of due process. Particularly, it requires to determinate the extent of leniency agreements that can be taken, the conditions for its execution, the consequences of non compliance, how should be collected the information provided for the informer or whistleblower and its procedural efficiency. This paper focuses on the last topic, that is, on the requirements to include into criminal process the information provided for the informer and its efficiency to take a judicial interlocutory decision, specially the decisions which may effect the personal and procedural situation of person under investigation.