Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Romania

Infiltration by undercover agents of the requested State (201)

1. MEASURE IMPLEMENTATION

Romania

Is this measure possible in your Member State under International Judicial Cooperation?

Under International Judicial Cooperation the measure is covered by Article 181 of the Law no. 302/2004 on international judicial cooperation in criminal matters and includes the use of a person with an identity other than their real one, for the purpose of obtaining data and information regarding the commission of an offense. Romania may agree with a foreign State to grant mutual assistance to conduct investigations by undercover investigators. The competent Romanian authorities shall decide, on a case-by-case basis, in accordance with the Romanian law. In the conditions stipulated in the Romanian law, the Romanian and foreign judicial authorities shall decide on the concrete methods for conducting the investigation and the legal status of agents.

2. LEGAL FRAMEWORK

Romania

International legal framework applicable for this measure in your Member State

European Convention on Mutual Assistance in Criminal Matters, Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union, Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters

3. COMPETENT AUTHORITY TO:

Romania

* receive the request/decision for judicial cooperation

Prosecution Office of the High Court of Cassation and Justice In case of urgency, request may be made via EJN contact points or Eurojust.

* execute/recognise the measure (if other than the receiving authority)

Prosecutor

4. ACCEPTED LANGUAGES

Romania

Accepted languages for the request/decision

Requests and annexed documents shall be accompanied by a translation into Romanian or into either English or French. Reciprocity may apply This is without prejudice to the provisions concerning the translation of requests or annexed documents contained in the agreements or arrangements in force or to be made between Romania and requesting state. EIO: In relation to Member States which have declared that they request the transmission of European Investigation Orders and documents annexed exclusively in the national language, the Romanian authorities may request that the European Investigation Order and the annexed documents be translated into Romanian. In cases where the issuing authority indicates that the investigative measures are urgent, the European Investigation Order and the attached documents will be accompanied by a translation into Romanian.

5. EXECUTION DEADLINE

Romania

Deadlines for the execution of the request/decision (where applicable)

MLA: No legal deadlines EIO: The competent execution authority shall decide for the recognition and enforcement of the measure contained in the EIO as soon as possible within a maximum of 30 days of receipt of the EIO. If the evidence requested by the European Investigation Order is already in the possession of the Romanian authorities, the executing authority shall carry out the investigative measure within 90 days of the taking of the decision. If the competent execution authority cannot comply with the time limit, it may be prolonged by a maximum of 30 days.

6. CONCISE LEGAL PRACTICAL INFORMATION

Romania

a. Special requirements

Authorization of the use of undercover investigators may be ordered by the prosecutor, for a time period of 60 days, if: a) there is a reasonable suspicion related to the preparation or commission of an offense against national security set forth by the Criminal Code and by other special laws, as well as in case of offenses of drug trafficking, weapons trafficking, trafficking in human beings, acts of terrorism or acts assimilated to those, terrorism financing, money laundering, counterfeiting of currency or other securities, counterfeiting of electronic payment instruments, blackmail, deprivation of freedom, tax evasion, corruption offenses, offenses assimilated to corruption offenses, offenses against the European Union’s financial interests, of offenses committed by means of a computer systems or electronic communication devices, or in case of other offenses in respect of which the law requires a penalty of no less than 7 years of imprisonment, or when there is a reasonable suspicion that a person is involved in criminal activities that are related to the above-mentioned offenses; b) such measure is necessary and proportional to the restriction of fundamental rights and freedoms, considering the particularities of the offense, the importance of information or of evidence to be obtained, or the seriousness of the offense; c) evidence or the offender’s, the suspect’s or defendant’s localization or identity could not be obtained in other way or obtaining it would imply extreme difficulties that would harm the investigation, or there is a threat to the safety of persons or of high value goods.

b. Other useful information

If the prosecutor deems it necessary for the undercover investigator to be able to use technical devices in order to obtain pictures or audio and video recordings, he or she shall notify the Judge for Rights and Liberties requesting an electronic surveillance warrant. Undercover investigators may be heard as witnesses in criminal proceedings under the same terms and conditions as threatened witnesses. The total duration of such measure, in the same case and in respect of the same person, may not exceed one year, except for offenses against life, national security, drug trafficking, weapons trafficking, and trafficking in person, acts of terrorism, money laundering, as well as for offenses against the European Union’s financial interests. In exceptional situations, provided that the use of undercover investigators is not sufficient for obtaining data or information or such obtaining is not possible, the prosecutor may authorize the use of an informant, to whom an identity different from their real one can be attributed.

Last reviewed on 19 March 2019 by Tools Correspondent

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