Criminal Procedure Concept of Instigation. The ECHR Perspective and Comparative
Criminal Procedure Concept of Instigation. The ECHR Perspective and Comparative
Author(s): Adrian AldeaSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitatii Transilvania din Brasov
Keywords: instigation; police; agent; ECHR; evidence; criminal
Summary/Abstract: In the actual criminal code system, the principle of fair evidence administration is a fundamental one. Within this principle, it is ruled the prohibition of the judiciary bodies to instigate, directly or indirectly, an individual to commit or continue to commit a criminal offence in order to obtain case evidence. Procedural loyalty or fairness is a corrective principle of the evidence freedom fundamental that allows usage of any evidence means which is not prohibited by law.
Journal: Bulletin of the Transilvania University of Braşov, Series VII: Social Sciences and Law
- Issue Year: 10/2017
- Issue No: 1
- Page Range: 155-160
- Page Count: 6
- Language: English