New criminal investigation methods were recently approved to combat a vast number of crimes, through Law No. 10/20, of 16 April 2020 (“Undercover Operations Law”).

Under the Undercover Operations Regime, the criminal police and other national security, defense and intelligence bodies of the Angolan State are authorized to expand the methods of obtaining evidence for investigations by the performance of undercover operations with the concealment of the agent’s identity and mission.

The crimes specified are extensive, with a special focus on crimes against tranquility, peace and domestic and foreign security, such as crimes of terrorism, financing of terrorism, money laundering, crimes against public safety and State security, crimes against transport safety and crimes related to firearms and explosives.

Also covered are white-collar crimes, in particular corruption, embezzlement, influence peddling and undue receipt of benefits, as well as economic crimes, whether fraud related to the obtaining of subsidies or grants, the counterfeiting of money and debt securities, crimes committed in the real estate markets, and the crimes of fraud in banking, credit, financial and postal institutions.

There are several possible elements involved in undercover operations that the Law accepts, notably the undercover agent (a member of the criminal police bodies that carries out investigation or other procedures by concealing his/her identity) and the third party (a domestic security body that is not part of the criminal police, national defense or State intelligence and security services which participates in undercover operations), who will be responsible for collecting evidence.

Also permitted is the intervention of a secret collaborator (any person who, with identity protection, provides collaboration or assists the undercover agent, without being related to him/her), and the person of trust (any person whose identity must be protected, who has a relationship with the undercover agent and assists him/her periodically in investigations).

The undercover operation begins with a request from the Criminal Police Authority to the person in charge of the Criminal Police Body. Only after the operation begins is the Public Prosecutor informed.

Apart from the addition to the criminal process of the report on the undercover operation, whose evidential value will be freely appreciated by the judge, the Law also provides for the possibility of the undercover agent providing testimony at trial.

The instigation, provocation (agent provocateur) or mediated authorship of the undercover agent is not permissible, which means that the evidence obtained in such conditions is null and void. The civil and/or criminal liability of the undercover agent is also provided for in the new statute.

For further information, please contact:
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