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 an informer of the requested State (203)

1. MEASURE IMPLEMENTATION

Romania

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

There are no special legal provisions on the use of informers under international judicial cooperation. The use of informers is however provided by the Romanian Criminal Procedure Code. The measure is disposed in exceptional situations, provided that the use of undercover investigators is not sufficient for obtaining data or information or such obtaining is not possible.

2. LEGAL FRAMEWORK

Romania

International legal framework applicable for this measure in your Member State

Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders

3. COMPETENT AUTHORITY TO:

Romania

* receive the request/decision for judicial cooperation

Prosecution Office of the High Court of Cassation and Justice

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

Prosecutor. If the prosecutor deems it necessary for the informant 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.

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.

5. EXECUTION DEADLINE

Romania

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

N/A

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. 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. If the prosecutor deems it necessary for the informant 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. Informant may be heard as witnesses in criminal proceedings under the same terms and conditions as threatened witnesses.

b. Other useful information

N/A

Last reviewed on 6 July 2016 by EJN Secretariat
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