Examination of an Undercover Investigator as a Witness

Article 289

When the police collect information from a person for whom there exist grounds for suspicion that he is the perpetrator of a criminal offence, or undertake towards that person actions in the pre-investigation proceedings stipulated by his Code, they may summon him only in the capacity of a suspect. The suspect will be advised in the summons that he is entitled to obtain a defence counsel.

If during collection of information the police find that the citizen summoned may be deemed a suspect, they are required to advise him immediately of the rights referred to in Article 68 paragraph 1 items 1) and 2) of this Code and of the right to obtain a defence counsel who will attend his questioning.

The police will notify the competent public prosecutor without delay about acting within the meaning of the provisions of paragraphs 1 and 2 of this Article. The public prosecutor may conduct the suspect’s questioning, attend the questioning or assign the questioning to the police.

If the suspect agrees to make a statement, the authority conducting the questioning will act in accordance with the provisions of this Code relating to the questioning of a defendant provided that the consent of the suspect to be questioned and his statement during the questioning are given in the presence of his defence counsel. The transcript of this questioning is not excluded from the files and may be used as evidence in criminal proceedings.

If the public prosecutor is not present at the questioning of a suspect, the police will deliver to him without delay the transcript of the questioning.

Holding Persons at a Crime Scene

Article 304

If it is necessary in order to protect the interests of national security, public order and morality, interests of minors, privacy of participants in proceedings, or for other justified interests in a democratic society, the authority conducting proceedings which conducts an evidentiary action shall order persons he is questioning or examining or who are attending evidentiary actions or are examining the case-file to maintain confidentiality of certain facts or data learnt on the occasion, and warn them that disclosure of a secret represents a criminal offence under the law.

The order referred to in paragraph 1 of this Article will be entered into transcript of the evidentiary action, or will be marked on the case-file documents which are being examined and accompanied by a signature of the person warned.