EVALUATION OF THE CREDIBILITY OF THE COLLABORATOR OF JUSTICE IN THE FRAMEWORK OF THE CRIMINAL PROCESS.

The institution of the use of the collaborator, as a special method of criminal investigation, has proven to be particularly useful in proving certain crimes, such as corruption offences, where the subjects involved have a high degree of intelligence and commit the crimes in a rather cautious manner, so as to avoid the risk of detection, and is often essential in the investigation of drug trafficking offences or other illicit activities carried out by organised criminal groups, given the clandestine nature of their activities and the difficulty of infiltration of the criminal environment by outsiders. The collaborator may be subject to serious risks when carrying out undercover operations, and may endanger his or her life, physical or mental integrity or that of others close to him or her, his or her place of work, etc. The legal benefits that can be applied to collaborators to persuade them to cooperate with the prosecution authorities in gathering the data and information needed to establish the truth in criminal cases and prevent the commission of offences are particularly useful in persuading collaborators to support the prosecution authorities. However, particular attention should be paid to the motivations of collaborators in order to assess their credibility, both by prosecutors and by the court. Romanian procedural law needs to regulate how collaborators are recruited in criminal proceedings in order to provide a clearer procedure for prosecuting authorities when they decide to approach a private person to cooperate with them. The legislator should also provide for other benefits that can be applied to collaborators in order to more effectively encourage individuals to cooperate with the prosecution, such as more lenient conditions for suspended sentences or deferment of sentence. Knowing the real motivation of the collaborator is important in order to know the risk factors for the criminal investigation and to assess the appropriateness of recruiting the collaborator. [ABSTRACT FROM AUTHOR]

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