THEORETICAL AND PRACTICAL DIMENSIONS OF USING UNDERCOVER INVESTIGATORS AND COLLABORATORS IN CRIMINAL PROCEEDINGS - THE LEGAL STATUS AND LIMITS
THEORETICAL AND PRACTICAL DIMENSIONS OF USING UNDERCOVER INVESTIGATORS AND COLLABORATORS IN CRIMINAL PROCEEDINGS - THE LEGAL STATUS AND LIMITS

Summary/Abstract: The phenomenon of corruption-related criminality requires the state to adopt adequate normative and institutional responses, aimed at identifying the underlying determinants, individualizing the offender, and ultimately engaging criminal liability through the application of statutory sanctions. This paper examines the legal framework, judicial practice, and doctrinal controversies concerning the use of undercover investigators and collaborators in Romanian criminal proceedings. It explores the prosecutor’s powers to authorize investigative actions involving false documents, the legal limits of such authorizations, and the consequences of exceeding them. The analysis is grounded in the Romanian Code of Criminal Procedure (Articles 138, 148, and 150) and enriched with comparative insights from European jurisdictions and the case law of the European Court of Human Rights (ECtHR). The study argues that the current legal provisions provide a functional, though incomplete, framework, and proposes a more coherent approach balancing investigative efficiency with the protection of individual rights and procedural fairness

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