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1538
Uluslararası Adli İşbirliği
observation, save where specifically otherwise decided by Prosecutor’s Office attached to the
High Court of Cassation and Justice through the authorisation; their use shall be prohibited save
in cases of legitimate self-defence;
e) Entry into private homes and places not accessible to the public shall be prohibited;
f ) The officers conducting the observation may neither stop and question, nor arrest,
the person under observation;
g) All operations shall be the subject of a report to the Prosecutor’s Office attached to
the High Court of Cassation and Justice, which may require that the officers conducting the ob-
servation appear in person;
h) The authority of the State from which the observing officers have come shall, when
requested by the competent Romanian authority, assist the enquiry subsequent to the operation
in which they took part, including legal proceedings;
i) the authorities of the State from which the observing officers have come shall, at the
request of the Romanian authorities, contribute to the proper course of the investigation subse-
quent to the operation in which they took part, including legal proceedings.
(5) The observation in para. (3) may take place only for one of the following acts:
a) homicide, assassination and murder;
b) serious sexual offences, including rape and sexual abuse of children;
c) destruction and aggravated destruction, committed through arson, explosion or any
other such means;
d) counterfeiting and forgery of means of payment;
e) aggravated theft and robbery, as well as receiving stolen goods;
f ) extortion;
g) kidnapping;
h) traffic in human beings and related offences;
i) traffic in narcotic drugs or precursors;
j) breach of the laws on arms, ammunition, explosives, nuclear materials and other ra-
dioactive substances;
k) illegal carriage of toxic and dangerous waste;
l) smuggling of aliens;
m) blackmail.
(6) The observation in para.(3) shall cease where the authorisation has not been obtained
within 5 hours of the border being crossed, as well as at the request of the Prosecutor’s Office
attached to the High Court of Cassation and Justice.
ARTICLE 171
Interception and recording of conversations and communications