When the “Undercover Activity” Crosses the Limits of Legality

Abstract

Due to globalization, the forms of criminality have been subject of an abrupt change manifesting themselves in a growing variety of forms and structures. In the framework of the fight against criminality, many European legislation, including the Albanian one, have made changes to their penal, material and procedural laws by accepting the concept "belum justum", which means: the strengthening of the convictions; the increase of the competences of the police force; the use of special techniques of investigation etc. This study will focus exactly on those special techniques of investigation which have been employed in the Albanian legislation in the recent years. The initiatives in question are: "simulating actions" and "infiltration" as means to obtain evidence for the penal processes. Nevertheless, a great many problems have come across when it came to putting these means in practice. Through a thorough observation and the use of the research and comparative methods of research, I aim to: - The treatment of the juristic position of the infiltrated in accordance with the legal basis of The Criminal Code of the Republic of Albania. - The treatment of such position with regard to the other legal and constitutional rights. - The treatment of the legal boundaries of the infiltration as means of obtaining investigative evidence, with regard to the basic human rights and freedoms, as well as the guarantees provided by the law in the cases when infiltration crosses the legal line.

DOI: 10.5901/ajis.2013.v2n8p478