Provocarea în materia probațiunii
Entrapment in matters of evidence

Summary/Abstract: The principle of the fairness of the administration of evidence represents the rule that prohibits the use of any strategy or maneuver which has as its object the administration of a piece of evidence in bad faith or which has the effect of provoking an offence to obtain a piece of evidence, if by these means the dignity of the person, his or her rights to a fair trial or privacy or professional secrecy are infringed.The object of the present study is only the examination of the last of the aspects of the principle of loyalty, as it is regulated by the Criminal Procedure Code, respectively „the entrapment to commit a crime”. We do not intend to make a detailed presentation of the jurisprudence of the European Court in this matter, but only to point out the general principles that should underlie the analysis to be carried out by the judiciary and to exemplify some solutions in judicial practice. Finally, we will try to draw attention to the delimitation between „entrapment to commit a crime” and „entrapment to evidence” and to establish exactly what is the procedural framework in which these aspects can be invoked.

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