Provocarea infacţiunii în contextul măsurilor speciale de investigaţie [Articol]

Abstract

In the present study, the phenomenon of provoking the crime in the context of special investigative measures is subject to analysis. The signs and specifics of the provocation of the crime, the delimitation of the provocation from the legal actions of the investigating officers are treated in many ways. This also reflects the shortcomings and omissions allowed by the legislator in regulating the provocation of the crime. Next, it clarifies the interpretation of the notion of “provocation of the crime” and highlights the problems faced by national courts in invoking the existence of the challenge. At the same time, for example, the opinions of several doctrinaires and specialists in the field are analyzed, as well as the normative framework of other states regarding the provocation of the crime.