Is provocation legal?

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The article deals with the problem of judicial practice - the lack of proper understanding by judges of the prohibition: to incite, incite, incite in direct or indirect form to commit illegal actions (provocations), which imposes an obligation on the courts to verify the legality of conducting an operational search event. This ban was introduced into the law “On Operational Investigative Activities” 12 years after its adoption. It can be assumed that it was the numerous abuses of law in the form of provocation under the “flag” of the operational search activities that forced the legislator to make such an addition. Significant additions of a procedural nature have been made to the substantive law, requiring mandatory verification by the inquirer, investigator, prosecutor, court, and the legality of the operational search activities, but these additions have not corrected the established investigative or judicial practice. This state of affairs, according to the author, is caused by a misunderstanding by judges of the purpose of criminal proceedings, enshrined in Article 6 of the Code of Criminal Procedure, in which there is no place for accusatory bias, but it is this “bias” that does not allow to see in a person (both offended and offending) human, is the main reason for cases of conviction of an innocent person in judicial practice.

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Fair trial, provocation of a crime, operational investigative measure, verification of legality, judicial practice, unqualified prosecutor’s supervision

Короткий адрес: https://sciup.org/14130305

IDR: 14130305   |   DOI: 10.47475/2311-696X-2024-41-2-44-47

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