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.
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.