Undercover investigator

Considering the highly complex, hidden, dangerous organizational structure that exists in organized crime, it is often inadequate to obtain many evidence, both classical and even modern, in the discovery of organized crime, and evidence must be reached through closer monitoring, even through the organization, of the crimes committed within the organization's activities. It is known that different methods have been used in various countries in order to fight organized crimes effectively, especially the use of undercover investigators. In Turkish Criminal Procedure Code only undercover investigator appointment was regulated among those methods. Appointment of undercover investigator is a secret protection measure which can be applied to certain catalog crimes specified in the law by the decision of judge, it is a secondary attribute and intervenes with fundamental rights and freedoms in case of strong suspicion reasons based on concrete evidence that the subject of investigation is committed and otherwise no evidence can be obtained. In addition, under the measure of appointing of undercover investigator, the undercover investigator is obliged to carry out all kinds of investigations related to the organization to which he is assigned to monitor his activities under a fabricated identity and to collect evidence related to the crimes committed within the activities of the organization. However, despite all this, it cannot be overlooked that the measure of appointing undercover investigators is an effective method of combating organized crime and obtaining evidence of the crimes committed by the organization. The appointment of a undercover investigator makes a significant contribution to the fight against organized crime, but also entails discussions about whether the undercover investigator is authorized to enter the house, whether the undercover investigator's testimony, whether the undercover investigator will be responsible for the crimes he has committed while performing his duties.