Police agents of the requested State acting under undisclosed capacity and identity, may carry out undercover criminal investigations for the purpose of preventing or punishing catalog offences, as long as they are proportional to the purpose of the investigation and the gravity of the crime. The offences where this measure is admissible are as follows: (a) murder, provided that the offender is unknown;(b) offences against freedom and against sexual self-determination punishable with imprisonment for a term of five years or more in abstracto, in so far as the offender is unknown, or where a person aged 16 or under or other incapable persons are expressly referred to as being aggrieved by the offence; (c) offences relating to stolen-vehicle forgery and trafficking;
(d) slavery, unlawful detention and kidnapping or hostage-taking;
(e) terrorist organizations and terrorism; (f) unlawful seizure of aircraft, vessel, train or any means of transport by road, or endangering the safety of air, sea or railway goods or passengers, punishable with imprisonment for a term of eight years or more in abstracto;(g) involving bombs, grenades, explosive substances or devices, firearms and booby-trapped objects, nuclear, chemical or radioactive weapons;(h) robbery at credit institutions, treasury offices and post offices; (i) criminal conspiracy; (j) concerning trafficking in narcotic drugs and psychotropic substances; (l) laundering of money, other assets or products; (m) corruption, embezzlement, undue pecuniary advantage in business transactions and trading in influence; (n) fraudulently obtaining of or wrongfully misappropriating grants or subsidies; (o) economic and financial offences committed in an organized manner or by computer-related means; (p) economic and financial offences committed at international or trans-national levels; (q) counterfeiting currency, securities, revenue stamps, postage stamps and the like securities or passing them off; (r) relating to securities market (Law 101/2001 of 25 August).The Law on Cibercrime (L109/2009 15/09) also admits covert actions, in the terms of Law 101/2001, for the crimes a) computer related forgery, computer related fraud, illegal access, illegal interception, data interference, infringement of copyrights b) commited through a computer system, punishable with imprisonenment higher than 5 years,or sexual crimes when the offended persons are underage or incapacitaded people, agravated fraud, computer fraud, racial, gender or religious discrimination, financial infractions, as well as crimes against Author's Rights. |