Entrapment in the context of special investigative measure (II)
Journal Title: Revista Institutului Național al Justiției - Year 2017, Vol 42, Issue 3
Abstract
In present study are identifies aspects in which the behavior of undercover agents constitutes entrapment. It is shown that in order not to prove the entrapment it is ineluctable that undercover operations be executed in a passive manner without any pressure that would cause the person accused to commit de crime. It is concluded that it is forbidden not only incitement to start the offense, but also to continue the criminal activity. Finally, it is argued that creating the conditions for committing the offense is not an entrapment.
Authors and Affiliations
Stanislav Copețchi
Keywords
Related Articles
- EP ID EP230221
- DOI -
- Views 86
- Downloads 0
THREATENING WITH THE TERRORIST ACT: FORM OF EXPRESSION OF THE OFFENCE REFERRED TO IN PAR. (1) ART. 278 PC RM
The purpose of the study is to analyze the threat of committing the terrorist act as a form of expression of the offense provided by art.278 PC RM. It is shown that the threat of committing the terrorist act can embrace...
The entrapment in the context of the European Court of Human Rights’ case-law
In the present scientific paper, the authors carried out an analysis of the concept of the organized entrapment in the light of the case law developed by the European Court of Human Rights, highlighting its essence, part...
The admissibility of the second appeal in the civil procedure: the experience of the Republic of Moldova in the regional context (II)
The articles analyses the evolution of the institution of the admissibility of the second appeal in the civil procedure of the Republic of Moldova, from the perspective of legal provisions and case law of the Supreme Cou...
The inadmissibility of evidence obtained by the violating fundamental rights and freedoms
Procedural acts an evidentiary procedures constitutes live tools due to which all participants in a trial are able to exercise their rights, to express effectively their interests, while the prosecutor and criminal inves...
Suspension of competition council plenary decisions: practical aspects
The request to suspend the decision of the Competition Council’s Plenum is one of the possibilities of the undertakings sanctioned by the Competition Council to be temporarily deprived of the decisions effects until the...