Prikriveni islednik

The paper examines the special evidentiary action of engaging an undercover agent. In the following text, introductory remarks are first made to emphasize how complex the issue is, but also to indicate the effect that the institution of an undercover agent can have in combating organized crime. When explaining the concept of an undercover agent, the conditions for his engagement are highlighted, as well as the basic characteristics of this special evidentiary action. The article criticizes two existing solutions from the Criminal Procedure Code, which concern the time limit for the activities of an undercover agent and the dilemma of whether an undercover investigator is liable if he commits a criminal offense during his engagement. Proposals de lege ferenda are also presented. At the end of the paper, a conclusion is drawn that aims to explain the importance of the undercover agent as a subject in criminal proceedings and to draw attention to the necessity of legislative reform.