Permissible Limits of Entrapment in Covert Investigations and Operative-Investigative Measures

Abstract

A parallel can be drawn between the idea of entrapment and the biblical story of Adam and Eve. In the Garden of Eden, Eve was tempted by the serpent, leading her to partake in the forbidden fruit at the urging of another. Temptation is a social phenomenon and an inseparable part of human interaction as societies evolve. The Law, in its turn, which permeates all spheres of social life, encompasses the aspect of temptation as well, bringing about the development of a separate legal doctrine. Criminal law encompasses the idea of temptation through the concept of entrapment, which applies to situations where a law enforcement officer provokes someone to commit a crime, leading to prosecution. Criminal proceedings function as an effective tool for the state to combat crime while ensuring the protection of individuals’ fundamental rights through procedural safeguards. Among these guarantees, the right to a fair trial holds significant importance, with the entrapment defense serving as one of its key components. In legal doctrine, establishing an acceptable equilibrium in the use of provocative measures during covert investigative activities is of critical importance. This article examines that balance, offering the author’s perspective on the interpretation of relevant legislation and the incorporation of best practices.

Keywords

• social phenomenon
• provocation
• prosecution
• fair trial
• legal equilibrium