ON THE ORGANIZATION AND FUNCTIONING OF INSTITUTIONS FOR COMBATING CORRUPTION AND ORGANIZED CRIME   |   95/2016

Article 51: "Controls and Monitoring which are Conducted by The National Bureau of Investigation "

1The Responsible Officer within the National Bureau of Investigation shall establish a schedule of reviewing the telephone, text message and email communications each month for the chief judges, judges, and staff of the Anti-Corruption and Organized Crime Courts, the chief special prosecutor, prosecutors, and staff of the Special Prosecution Office, and the director, deputy director, investigators, officers of the judicial police services and staff of the National Bureau of Investigation. The schedule shall not be disclosed to the Chief Judges, judges, Chief Special Prosecutor, Special Prosecutors, Director of the National Bureau of Investigation, or any other person. The schedule shall be changed every 3 months.

2The Responsible Officer shall have access to the declarations of assets and of associations made by the chief judges, judges, and staff of the Anti-Corruption and Organized Crime Courts, the Chief Special Prosecutor, Special Prosecutors, and staff of the Special Prosecution Office, and the director, deputy director, investigators, officers of the judicial police services and staff of the National Bureau of Investigation. He or she shall also have the cooperation of the State Intelligence Services.

3If the Responsible Officer has a reasonable suspicion that a telephone call, text message or email communication is evidence of corruption, leaking of information, communication with criminal organizations, political influence or any act which may violate the penal code, he or she shall report it to a Special Prosecutor within the Special Prosecution Office who is not involved.

4The Responsible Officer shall maintain the records for 2 months and, unless ordered to maintain the records longer by a prosecutor of the Special Prosecution Office, shall destroy the records after the second month. This person shall be responsible for the safe-keeping of the personal data in accordance with the necessary legislation.

5The Responsible Officer shall not listen to telephone calls which infringe the privacy rights of people who have not provided prior consent for monitoring. If the Responsible Officer has reasonable belief that a criminal act has or will occur, and that monitoring telephone calls with people who have not provided prior consent will provide evidence of that criminal act, he or she shall immediately contact a Special Prosecutor who is not involved in order to obtain judicial authorization.

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