ADMISSIBILITY OF INTRUSION INTO THE PERSON'S PRIVATE LIFE THROUGH THE USE OF UNDERCOVER INVESTIGATORS AND COLLABORATORS IN CRIMINAL PROCEEDINGS

Abstract

Through this article, we aimed to highlight the importance of using undercover investigators, as a special investigative mean in the criminal process, to obtain evidence, data and information useful for solving the case, but also to emphasize the fact that the regulation of special investigative techniques is focused on the direction of maintaining a fair balance between the purpose
pursued and the respect of the fundamental rights of the persons affected by these intrusive investigative methods, such as the right to private life and the right to a fair trial. The use of undercover investigators may involve intrusion into the person's
private life for a shorter or longer period while the type of relationship they establish with the person targeted by the undercover operation may vary as it may be a single contact or multiple meetings where a rapprochement is established
between the suspect and the investigator or collaborator. The guarantees imposed by the European Convention of Human Rights and Fundamental Freedoms, as they have been developed in the jurisprudence of the European Court of Human Rights, refer to the condition that the interference is provided for by national law, the measure is necessary in a democratic state
and proportionate in relation to the content and purpose pursued, and the person targeted by the undercover operation to be able to challenge the legality of the measure before an independent and impartial court.