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Concept of Agent Provocateur in Criminal Law

Publication at Faculty of Mathematics and Physics, Faculty of Law |
2012

Abstract

Legal institution of agent provocateur is a very controversial topic in the theory of criminal law. Debates about its legal regulation are very escalated, as the nature of the institution of agent provocateur contradicts basic constitutional principles of democratic legal state.

Article deals with the institution of agent provocateur from three different points of view. Firstly, it deals with the procedural aspects of application of this problematic legal institution and with the question of admissibility of evidence collected by agent provocateur.

Secondly, it is concerned with the question of criminal liability of agent provocateur. Third and the last aspect to be dealt with in this article, is the criminal liability of a person, whose criminal behaviour is a result of the agent provocateur´s activity.

In this work, author aims to distinguish between material and procedural aspects, as he considers it problematic in the current doctrinal approaches. Author also covers the question of private agent provocateur.