The Concept and evaluation of the entrapment in theory and practice

• University of Maribor: knygos tekstas

LTReikšminiai žodžiai: Teisėsauga; Kriminalinis tyrimas; Įkalinimas; Law enforcement; Criminal investigation; Sting operation; Entrapment.

ENPurpose: Law enforcement officers, carrying on non-public nature actions, must deal exclusively with the precision, follow the competence given to them and lie within the boundaries between permissible and prohibited actions. This paper examines sting operations, distinction between sting operation and entrapment and the evaluation of such acts in the Lithuanian and European Court of Human Rights proceedings. Methods: The research is done through the evaluation of the theoretical literature and jurisprudence of various courts: revealing the legal regulation of the sting operation in the human rights context, defining the concept of the entrapment, its changes, dividing the active and passive forms of entrapment. Findings: The analysis shows that over the time the concept of entrapment in the context of human rights and freedoms has changed. At the meantime traditionally perceived concept of committing a crime by an active person is changing. The analysis of the courts’ jurisprudence indicates that the concept of entrapment became broader and a new - passive concept of entrapment in the law enforcement officers’ actions falls into the category of the entrapment. The subjective and objective criteria tests, formed in courts practice, allow the evaluation of the sting operation which has the assumption that the entrapment was made. The subjective criterion allows assessing whether the prosecuted person had prior intention to commit a crime. The objective criterion is focusing on the behaviour of non-public nature activities, impact on a sting operation.Research limitations: The research focuses not only on Lithuanian law, but there is also done the evaluation of the practice of the European Court of Human Rights. Thus the findings could be applicable in all countries which ratified the European Convention on Human Rights. Originality: The analysis of the criteria of entrapment indicates that during the sting operation, even without active actions of the law enforcement officers or persons engaged in such actions, the entrapment could be done, which could lead to the exculpatory court decision. [From the publication]