Fiches Belges

Agent infiltration is a special investigative measure carried out through the involvement of undercover operatives and the continuous or repeated collection of information about the person and his criminal activity. Undercover operation under the direction and control of the police (with the aid of redacted information about persons, redacted data in a database, and the use of redacted documents with the purpose of preventing such collection of data or involved disclosures) is carried out by one or more undercover operatives for whom the redacted identity is prepared (in accordance with the conditions laid down for this purpose by the law governing the police). The redacted identity can be provided also in advance. An undercover worker can be a police officer, a police officer of a foreign country or (exceptionally, if the performance of undercover operations is otherwise impossible) another person. An undercover employee may be a participant in legal transactions with modified documents and may also use technical devices for voice transmission and recording, photography and video recording when collecting data under the conditions set out in the law. An undercover worker can be a police officer, a police officer of a foreign country or (exceptionally, if the performance of undercover operations is otherwise impossible) another person. An undercover employee may be a participant in legal transactions with modified documents and may also use technical devices for voice transmission and recording, photography and video recording when collecting data under the conditions set out in the law.

Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters

The measure of covert operation is permitted by a written order by the state prosecutor upon a written proposal from the police or EIO/MLA request, unless the undercover police officer will use technical devices for voice transmission and recording, photography and video recording, then the order must be issued by a written order by an investigating judge upon a written proposal from the state prosecutor and only for certain serious crimes. The police executes the agent infiltration.

Slovenian and English

The State Prosecutor and the Court regarding the special investigative measure as urgent. The implementation of the measure can last a maximum of two months, and for valid reasons, its duration can be extended by a written order each time by two months, but a maximum of twenty-four months in total, and in the case of the use of the measure for serious crimes a maximum of thirty-six months in total months.

EIO for EU member States; MLA request for third countries;