Undercover partner

Author:Marian Alexandru
Position:Ph.D. Lecturer, Faculty of Law and Administrative Sciences ?OVIDIUS' University of Constan?a, Romania, (e-mail: marian.alexandru1961@yahoo.ro).
Pages:138-144
LESIJ NO. XXIII, VOL. 1/2016
UNDERCOVER PARTNER
Marian ALEXANDRU
Abstract
The under cover partner takes part in the process of providing the investigating bodies with
information. This institution ca rries out activities similar to undercover investigator. These both
represent a proactive investigating instrument used by criminal authorities to obta in better results
concerning the fight against criminality. Under the cover another identity, they car efully sear ch for
crimes or favorable cir cumstances for commitment of others new.
Keywords: par tner, investigator, investigation, prosecutor, judge.
1. Introduction
The institution of undercover partners
was introduced in the new Criminal
Procedure Code by Law no 281/2003, with
the purpose to fight against criminality
Previously, several acts have been
adopted with provisions on using
undercover investigators (for certain cases,
we use “undercover policeman”), such as
Law no 143/2000 on fight against drugs
trafficking and illegal drug use, which by its
art. 21 stipulates that: “Prosecutor can
authorize the use of undercover investigators
to discover facts, to identify authors and o
obtain evidence in cases where there are well
grounded reasons to consider that a crime
related to drugs trafficking or illegal drugs
use has been committed.”
Law no 21 8/2002 on organizing and
functioning of Romanian Police sets in its
art. 33 that “in o rder to prevent and fight
corruption, trans-border criminality, human
trafficking, terrorism, drug trafficking,
money laundry, IT crimes and organized
crime, on the de mand o f the Romanian
Ph.D. Lecturer, Faculty of Law and Administrative Sciences „OVIDIUS” University of Constana, Romania,
(e-mail: marian.alexandru1961@yahoo.ro).
General Police Inspecto rate, having the
approval of the Prosecutor’s Office of the
Court of Appeal, the Romanian Police can
make use of undercover informers in o rder
to obtain information for a trial. The
Prosecutor’s authorization shall be issued by
a Decree, for a maximum 60 day time which
can be extended, provided there are well
grounded reasons; each time, the extension
cannot overpass 60 days. All these
authorizations shall be confidential and not
be made public”.
Law no 39/2003 on prevention and
fight against organized crime stipulates in its
art 17, that “in case there are well grounded
reasons that a crime has been committed by
one or several members of an organized
group, that cannot be proved or whose
authors cannot be identified by other means,
undercover policemen can be used to gather
information and identify facts and authors”.
These policemen are employees of t he
Ministry of Home Affairs.
According to art 22 of Law n 678/2001
on fight against traffic with human beings,
undercover investigator can be use to gather

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