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Type of publication: Straipsnis konferencijos medžiagoje Clarivate Analytics Web of Science ar/ir Scopus / Article in Clarivate Analytics Web of Science or Scopus DB conference proceedings (P1a)
Field of Science: Teisė / Law (S001)
Author(s): Bilius, Mindaugas
Title: The concept and evaluation of the entrapment in theory and practice
Is part of: The concept and evaluation of the entrapment in theory and practice : 11th biennial conference, Ljubljana, September 26-27, 2016: conference proceedings / edited by Mesko G., Lobnikar B. Ljubljana : Maribor university, 2016
Extent: p. 388-394
Date: 2016
Note: Conference: 11th Biennial Conference on Criminal Justice and Security in Central and Eastern Europe - Safety, Security, and Social Control in Local Communities. Location: Ljubljana, Slovenia, Date: SEP 26-27, 2016
Keywords: Law enforcement;Criminal investigation;Sting operation;Entrapment
ISBN: 9789616821599
Abstract: Law enforcement officers, carrying on non-public nature actions, must deal exclusively with the precision, follow the competence given to them and lie within the boundaries between permissible and prohibited actions. This paper examines sting operations, distinction between sting operation and entrapment and the evaluation of such acts in the Lithuanian and European Court of Human Rights proceedings. Methods: The research is done through the evaluation of the theoretical literature and jurisprudence of various courts: revealing the legal regulation of the sting operation in the human rights context, defining the concept of the entrapment, its changes, dividing the active and passive forms of entrapment. Findings: The analysis shows that over the time the concept of entrapment in the context of human rights and freedoms has changed. At the meantime traditionally perceived concept of committing a crime by an active person is changing. The analysis of the courts' jurisprudence indicates that the concept of entrapment became broader and a new - passive concept of entrapment in the law enforcement officers' actions falls into the category of the entrapment. The subjective and objective criteria tests, formed in courts practice, allow the evaluation of the sting operation which has the assumption that the entrapment was made. The subjective criterion allows assessing whether the prosecuted person had prior intention to commit a crime. The objective criterion is focusing on the behaviour of non-public nature activities, impact on a sting operation. Research limitations: The research focuses not only on Lithuanian law, but there is also done the evaluation of the practice of the European Court of Human Rights. Thus the findings could be applicable in all countries which ratified the European Convention on Human Rights
Affiliation(s): Teisės fakultetas
Viešosios teisės katedra
Vytauto Didžiojo universitetas
Appears in Collections:Universiteto mokslo publikacijos / University Research Publications

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