1. Module IV. Dynamic and rules on confidents and
methods and means of operational research:
controlled delivery
Miguel Ángel Botello García, PhD
Project JUST/2011/ISEC/DRUGS/AG/3671

2. 2
CONTROLLED DELIVERY
 INTERNATIONAL LEGISLATION
 1988 Vienna Convention.
 Convention implementing the Schengen Agreement of 1990.
 Convention on Mutual Assistance in Criminal Matters between the
Member States of the European Union of 2000.
 Palermo Convention of 2000.
 FATF Recommendations (FATF) 2003.

3. 3
 VIENNA CONVENTION.
 Article 1. DEFINITIONS.
 Article 11 CONTROLLED DELIVERY
 CONVENTION IMPLEMENTING THE SCHENGEN AGREEMENT .
 Article 73.
 CONVENTION ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS. 2000.
Article12. CONTROLLED DELIVERIES
CONVENTION OF PALERMO. 2000. TRANSNATIONAL ORGANIZED CRIME.
ARTICLE 1. DEFINITIONS
Article 20
 Special investigative techniques.

4. 4
 FATF RECOMMENDATIONS. 2003.
 Recommendation 27
 LEGAL DEFINITION
 The art. 263 bis of the Criminal Procedure Act

5. 5
CONCEPT
 Policing of substances, objects, or elements that are being carried out criminal activities,
delaying its seizure to discover the individuals involved in criminal activity when is in
contact with the substance in the final stage of transport.
Considerations :
 discovery of the existence of consignments suspected of containing illegal material
 submission to policing in their circulation (caused crime and undercover agent)
 purpose: identifying the addressee/ stop
 does not mean the abdication of eigenfunctions of the Judicial Police
 not affectation of the constitutional rights of the addressee
 possibility that the transport is carried out by the Police

6. 6
CLASSES OF CONTROLLED DELIVERY
1. For geographical reasons:
 a. At national level, when the object has to be transported within the national territory,
 b. International scope, requires the consent of all the States affected by the transit,
being able to distinguish
 i. International in transit, when the movement of the object whose transportation
is authorized has a border entry point and exit by another
 ii. International bound for Spain,such cases do not lead to value the way the
package has been detected, intervened and authorized its circulation, as it has been
practiced under foreign law(Supreme court ruling 3.11.04, 8.11.02); Schengen
Agreement of 1990, Article 73, provides that each contracting part will know the
direction and control of the activities in its territory and shall be permitted to intervene.

7. 7
2. By replacing the object:
 With substitution: sometimes, in order to prevent the loss of object, it is replaced by
another innocuous. Such substitution must be made, if it is postal packages, prior judicial
authorization, given the involvement of the right to privacy of communications
 Without substitution:what is transported is the same substance or object referred, with
the consequent risk of loss or distraction especially in case of dangerous substances or
objects.
3. By the object
 Toxic drugs, narcotics and psychotropic
 Equipment, materials and chemicals substances (precursors), including lists of the 1988
Convention
 Goods or gains from the prior commission of a crime
 Endangered plant and animal species
 Counterfeit coin
 Unauthorized armes and munitions,
 Substances or explosive devices, flammable, incendiary or asphyxiating.
 any substances, elements of flora or fauna, equipment, materials, goods or profits whose
traffic is prohibited.

8. 8
COMPETENT AUTHORITY FOR THE AUTHORIZATION.
 No affectation of fundamental rights (no need for a court order).
Organic competence:
 Coroner
If there are judicial proceedings opened
If it is about postal package
 Public Prosecutor
Other circumstances, (if he holds the address of the procedure)
Heads of organizational units of the Judicial Police, central or provincial
level or senior managers Police
Urgent cases.
Territorial competence:
 When there are judicial proceedings instituted: the judge that knows about
them
 Other cases, the Judge called upon to act on account of the territory
(place of seizure the package or consignment)
 Central Court of Instruction as the case may be.

9. 9
AUTHORIZATION REQUIREMENTS
- authorizations can only be made on an individual basis, banning
generic authorizations,
- must be necessary for the successful completion of the
investigation, so that without them would be very difficult to find
members of the organization and to obtain evidence of criminal
involvement,
- that is handed down by reasoned decision describing as far as
possible the object and quantity
- the police authorization requires dation of accounts to the Judge
or Prosecutor.