CHAPTER IV
Procedural provisions
Art. 11. ─ Criminal prosecution for the offenses stipulated in art. 7 shall be carried out obligatorily by the prosecutor and shall be tried in first instance by the Tribunal.
Art. 12. ─ (1) The Ministry of Internal Affairs shall form specialized structures for the prevention and combating of organized crime, and it is to ensure the necessary constitutional frame as well as the training and specialization of personnel to this purpose.
(2) Within the specialized structures mentioned in paragraph (1) can be constituted, according to the law, technical compartments for the completion of the activity of obtaining, processing, verifying and storing information from this field.
Art. 13. ─ (1) In the case of offenses stipulated in art. 7 and 10 shall apply the provisions of art. 118 from the Criminal Law regarding the seizure of goods.
(2) If the goods subject to seizure cannot be found, their equivalent in money or the goods acquired in their stead shall be seized.
(3) The income or other material benefices obtained from the goods stipulated in paragraph (2) shall be seized.
(4) If the goods subject to seizure cannot be individualized from among the goods acquired legally, goods shall be seized until they make up the value of the goods subject to seizure.
(5) The provisions of paragraph (4) shall apply accordingly also to the income or other material benefices obtained from the goods subject to seizure which cannot be individualized from among the goods acquired legally.
(6) In order to guarantee the enforcement of the seizure of goods the security measures provided by the Code of Criminal Procedure may be taken.
Art. 14. ─ (1) In the case of the offenses stipulated in art. 7, banking and professional secrecy, except the professional secrecy of the lawyer, shall not oppose the prosecutor, after the beginning of the criminal investigation, nor shall they oppose the Court of Law. The data and information shall be requested, in writing, during the criminal investigation by the prosecutor, based on the motivated authorization of the prosecutor expressly designated by the General Attorney from the prosecutor's office within the Court of Appeal, and during the trial, by the Court of Law.
Art. 15. ─ (1) When there are solid indications regarding the committing of offenses stipulated in art. 7, to the purpose of collecting evidence or identifying the perpetrators, the prosecutor may order, for a period of up to 30 days:
a) placing under surveillance of the bank accounts and their assimilated accounts;
b) placing under surveillance the communication systems;
c) placing under surveillance and/or accessing of digital systems
(2) For well-founded reasons the measures provided by paragraph (1) may be prolonged by the prosecutor through a motivated order, each prolongation must not exceed 30 days.
(3) The provisions of art. 91¹ - 91 5 from the Code of Criminal Procedure shall be applied accordingly.
(4) Within the conditions provided in paragraph (1), the prosecutor may order that documents, banking, financial or bookkeeping documents be transmitted to him.
Art. 16. ─ (1) The prosecutor designated by the General Attorney from the prosecutor's office within the Supreme Court of Justice may authorize, upon the request of the institutions or the organs legally qualified, the completion of supervised deliveries, with or without the complete or partial removal or substitution of the goods which are subject to the delivery.
(2) The supervised delivery shall be authorized by a motivated order which must contain, in addition to the mentions stipulated in art. 203 from the Code of Criminal Procedure, the following:
a) the well-founded indications justifying the measure and the reasons for which the measure is necessary;
b) details regarding the goods subject to the supervised delivery and as the case requires, the goods which shall be removed or substituted, as well as the goods which shall replace these;
c) the time and place of delivery or, as the case requires, the route to be travelled for the completion of the delivery, if they are known;
d) the identification data for the persons authorized to supervise the delivery.
(3) It shall not be possible to authorize supervised deliveries in the case when through these national security, public order or health would be jeopardized.
Art. 17. ─ In the case where there are serious indications about the committing or the preparation of a grave offense, by one or more of the members of an organized criminal group, a deed which cannot be discovered or whose perpetrators cannot be identified by other means, it is allowed to employ, to the purpose of gathering data regarding the offense and identifying the perpetrators, policemen undercover from among the specialized structures of the Ministry of Internal Affairs.
Art. 18. ─ (1) The authorization for the employment of policemen undercover shall be given by the prosecutor authorized by the General prosecutor from the prosecutor’s office in the Court of appeal, through a motivated order, which must contain, in addition to the mentions provided in art. 203 from the Code of Criminal Procedure, also the following:
a) the well-founded indications justifying the measure and the reasons for which the measure is necessary;
b) the identity under which the undercover policeman shall accomplish the authorized activities;
c) the name of the employee of the specialized structure designated as a contact for the undercover policeman;
d) the activities permissible for the undercover policeman;
e) the period when the authorized activities shall be accomplished.
(2) The contact from the specialized structures of which is a part the undercover policeman is obliged to give the prosecutor periodic reports regarding the activities carried out by the undercover policeman. The periodic reports shall be confidential, shall be in written form based on the information provided, to the extent possible, by the undercover policeman and must contain details regarding all the activities carried out, the data and information gathered regarding the grave offenses committed or which are to be committed and the perpetrators, as well as any other data and information necessary for the prevention of grave offense.
Art. 19. ─ (1) In fully justified cases, the undercover policeman may request authorization for other activities than those for which there is an authorization according to art. 18 paragraph (1), the prosecutor shall immediately reply through a motivated order in the case when this request is approved.
(2) In the case when the undercover policeman carries out activities other than those for which he has received the authorization stipulated in paragraph (1) and/or art. 18. paragraph (1), as well as if he comes into possession of information regarding the possibility of immediate danger, he shall as soon as it is possible inform his contact, who is obliged to immediately bring this information to the knowledge of the prosecutor who gave the authorization. The prosecutor shall decide immediately through a motivated order, authorizing the activities carried out by the undercover policeman or, as the case requires, withdrawing the authorization given according to the conditions of paragraph (1) and/or art. 18. paragraph (1) and taking the necessary measures, within the stipulations of the law.
Art. 20. ─ If by carrying out the authorized activities, the undercover policeman causes material damage to natural or legal persons who are not connected with the organized criminal group and the criminal activities of this group, the payment of the damage shall be ensured from the funds provided in art. 31.
Art. 21. ─ In exceptional situations, if there are serious indications that a grave offense has been committed or is being prepared, by one or more of the members of the organized criminal group, a deed which cannot be discovered or whose perpetrators cannot be identified through other means, informers may be used, to the purpose of collecting information regarding the offense and for identifying the perpetrators.
Art. 22. ─ Informers may benefit from financial remuneration, on the conditions established by order of the Minister of Internal Affairs, and of the General Attorney from the prosecutor's office within the Supreme Court of Justice.
Art. 23. ─ The undercover policeman, the informer, as well as the members of their families, may benefit from specific measures of witness protection, according to the law.
