Facultatea de Drept / Faculty of Law
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Item Infiltrarea operativă(CEP USM, 2024-11-07) Eni, ArtiomThe effective fight against crime has been an important goal of any state during various historical periods. At the moment, this purpose maintains its timeliness, taking into account the dynamics of the phenomenon of crime, which manifests itself in various forms and encompasses the transnational area. Thus, states undertake at both national and community level, significant efforts to prevent and combat crimes through criminal policy in order to protect the social values, enshrined and protected by law. The offense as an antisocial phenomenon is prevented and countered by the competent bodies through coercive measures. In this respect, particular attention should be focused on the undercover investigation and, indeed, on the undercover agent, that is meant to reveal criminal offenses. In the study presented below, by the logical and deductive method, are analyzed current aspects of the undercover agent’s conduct that must be manifested in the process of collecting data on the offense in order to determine the admissible limits of its activity, certain behavioral rules of the agent, so that his actions are compatible with the guarantees of a fair trial and would not pose challenges for the commission of crimes.Item Drepturile și obligațiile agentului sub acoperire în cadrul investigației „undercover” [Articol](CEP USM, 2020) Eni, ArtiomThe statute of the subject of the criminal process supposes the existence of its rights and obligations, based on which the respective subject exercises a procedural function and participates in criminal procedural legal reports. These rights and obligations are to be established by law, in order to know them and to be able to determine the legal consequences of their violation. We propose to analyze the normative framework regarding the rights and obligations of the undercover agent, who acquires them when arranging and conducting the undercover investigation, as well as disclosing them.