PART TWO COURSE OF PROCEDURE
Chapter XV PRE-INVESTIGATIVE PROCEDURE
2. Special investigative measures
(1) The Court may order the application of special investigative measures, when there is a well founded suspicion that a criminal offence is under preparation, or a criminal offence is being committed or has been committed, if, for such criminal offence, the law prescribes a prison sentence of at least four years, as well as for criminal offences for which there is a well founded suspicion that they are being prepared, committed or they have been committed by an organized group, gang or another criminal enterprise, in order to provide information and evidence that are necessary for successful criminal prosecution, which can not be secured in any other manner, or if their procurement would cause greater difficulties:
1) Monitoring of communication and entrance in home or other premises or in means of transport for creating conditions for monitoring of communication, under conditions and procedure prescribed by the Law.
2) An insight and searching in the computer system, confiscation of computer system or part of it or the data -base for storing of the computer data’s.
3) Secret surveillance, monitoring and visual-sound recording of persons and objects with technical equipment.
4) Simulating purchase of objects, as well as simulating bribery and simulating acceptance of the bribe;
5) Controlled delivery and transport of persons and objects;
6) Using people with hidden identity for monitoring and collecting information or data;
7) Opening apparent (simulating) bank account, where founds which originate from the committed criminal deed can be deposited.
8) Registration of apparent (simulated) companies or usage of the existing companies for collecting data;
(2) In order to provide information and evidence that are necessary for successful criminal prosecution, which can not be secured in any other manner, or if their procurement would
cause greater difficulties, the court may also order the application of special investigative measures in relation to the following criminal offences stipulated in the Criminal Code:
- unauthorised production and trade in narcotic drugs, psychotropic substances and precursors, stipulated in Article 215;
- extortion, stipulated in Article 258;
- blackmail, stipulated in Article 259;
- laundering money and other proceeds of a crime, stipulated in Article 273; - smuggling, stipulated in Article 278;
- customs fraud, stipulated in Article 278-a;
- misuse of an official position and authority, stipulated in Article 353;
- embezzlement, stipulated in Article 354;
- fraud, stipulated in Article 355;
- stealing, stipulated in Article 356;
- acceptance of bribes, stipulated in Article 357;
- allowance of bribes, stipulated in Article 358;
- illegal intercession, stipulated in Article 359;
- unlawful influence on witnesses, stipulated in Article 368-a;
- membership in a criminal enterprise, stipulated in Article 394;
- membership in a terrorist organization, stipulated in Article 394-a;
- terrorism, stipulated in Article 394-b;
- crimes against the state (Chapter XXVIII); and
- crimes against humanity and international law (Chapter XXXIV) of this law,
as well as in relation to criminal offences committed through means of electronic communication.
(3) In case when the knowledge for the identity of the perpetrator is not at disposal, special investigative measures under paragraph (1) of this Article can be prescribed towards the object of the criminal act.
(4) When the special investigative measures under paragraph (1) line 4), 6), 7), and 8) of this Article are being undertaken, no criminal act should be impelled.
(5) Against the person which undertakes the necessary investigative measures under paragraph (1) points 4), 6), 7), and 8) of this Article, the criminal prosecution will not be undertaken for the actions which are considered to be abetting the criminal act, and are committed for execution of the goal under paragraph (1) of this Article and are in accordance with the provisions of this Law .
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(g) The examination of places or sites, including the exhumation and examination of grave sites;