1Controlled delivery shall be authorised by the prosecutor directing the preliminary investigations, upon request of competent authorities.

2Controlled delivery may be authorized in the following cases:

awhen the persons suspected of being involved in the transportation of narcotic substances, weapons, stolen items, nuclear or explosive materials, radioactive materials, amounts of money or other proceeds [which are] products of a criminal offence, or items used to commit criminal offenses, cannot be identified or arrested by other means, or when their identification or arrest would harm investigations or would jeopardize the safety of persons or [cause] the damage or loss of the items being transported;

bwhen the detection of criminal offences and obtaining of evidence is impossible or extremely difficult to carry out by other means.

3Controlled delivery is made according to conditions set by the prosecutor, who orders it by a reasoned act after ensuring that the authorities of foreign countries:

ahave given their consent for illegal or suspected items to enter, transit or exit from their territory;

bguarantee constant supervision of the entry, transit or exit of items from their territory;

4Prosecutor’s order authorising controlled delivery should contain:

athe name of the suspect or defendant, if known;

bevidence proving the illegal nature of the items that need to enter, transit or exit the territory of the State and the way their control or supervision shall be carried out.

5Where appropriate, the prosecutor’s order shall be attached to the act authorising the full or partial replacement of illegal items and the place where the samples received are placed.

6Controlled delivery shall be executed by the judicial police, under the supervision and control of the prosecutor.