(1) If reasonable grounds exist for the suspicion that a particular person has committed, is committing, is preparing to commit and/or is organising the commission of any of the criminal offences specified in paragraph four of this Article, and if it may be reasonably concluded that police officers would be unable to detect, prevent or prove this offence by using other measures, or if such other measures would entail disproportionate difficulties, covert surveillance of such person may be ordered.
(2) Exceptionally, covert surveillance may also be ordered against a person who is not a suspect if it may be reasonably concluded that the surveillance of this person would lead to the identification of the suspect referred to in the preceding paragraph whose personal data are not known, to the place of residence or the location of the suspect referred to in the preceding paragraph, and/or to the place of residence or the location of the person against whom detention or pretrial house detention has been ordered, or a wanted notice or an arrest warrant has been issued, but who has fled or has been hiding, and if police officers are unable to obtain such information through other measures or if this would entail disproportionate difficulties.
(3) Covert surveillance shall be carried out through continuous or recurrent surveillance or tracking using technical equipment for determining the position and movement and technical equipment for audio transmission and recording, for photography and video recording, and shall focus on monitoring the position, movement and activities of the person referred to in the preceding paragraphs. Covert surveillance may be carried out in public and publicly accessible outdoor and indoor premises, as well as in places and premises that are visible from publicly accessible places and/or premises. Under the conditions laid down in this Article, covert surveillance may also be carried out in private premises subject to the approval of their owner
(4) Criminal offences in respect of which covert surveillance may be ordered shall include:
1. criminal offences punishable by a sentence of imprisonment of five or more years prescribed by an Act;
2. the criminal offences referred to in point 2 of paragraph two of Article 150 of this Act and the criminal offences of unlawful deprivation of liberty under Article 133, stalking under Article 134a, threats under Article 135, misuse of personal data under paragraphs three, four, five and six of Article 143, undeclared employment under paragraphs two and three of Article 199, fraud under paragraphs one, three and four of Article 211, concealment under paragraphs one, two and three of Article 217, fraud to the detriment of the European Union under Article 229, attack on information systems under paragraphs two, three and four of Article 221, forgery or destruction of business documents under Article 235, disclosure and unauthorised acquisition of trade secrets under paragraphs one, two and three of Article 236, abuse of information system under Article 237, abuse of position or trust in business activity under Article 240, forging of documents under Article 251, special case of forging of documents under Article 252, abuse of office or official rights under Article 257, disclosure of classified information under Article 260, public incitement to hatred, violence and intolerance under Article 297, illegal crossing of state border or territory under Article 308, pollution of drinking water under paragraphs one, three, four and six of Article 336, tainting of foodstuffs or fodder under paragraphs one, three, four and six of Article 337, and the torture of animals under paragraphs two, three and four of Article 341 of the Criminal Code;
3. the criminal offence of assisting the perpetrator after committing a criminal offence under Article 282 of the Criminal Code, including against persons referred to in paragraph four of Article 282 of the Criminal Code - for offences not referred to in this paragraph.