The problem of inadmissibility of evidence obtained by the provocation of a person to commit a crime

The author, studying the practice of the ECHR, the Supreme Court of the Russian Federation, the opinions of scientists, substantiates the position that the system of criteria for the admissibility of evidence in criminal proceedings should include a rule that "Inadmissible evidence should not be obtained by provoking a person to commit a crime." When the court or bodies of the preliminary investigation establish signs of incitement to commit a crime in the actions of police officers, police agents or proxies, all the results of operational investigative measures should be recognized as inadmissible evidence, and the case should be dismissed for lack of evidence or acquittal on the same basis.