Ilegalitatea actelor de provocare, facilitare sau încurajare a persoanei la comiterea infracțiunii prin prisma reglementărilor naționale și internaționale [Articol]

Abstract

The incitement to a crime by a member of the judiciary body, and then blaming it on the perpetrator, is, par excellence, an illegal proceeding or, in other words, the denial of a fair trial itself. The most commonly used varieties of incitement actions can be found in practice in combination with certain complex fables, representing an integral process that initially, by its essence, has certain criteria that indicate the violation of the law on special investigative activity. Incitement, facilitating or encouraging the person to commit the crime is a prejudicial action, and regardless of the reasons that determined these actions or the purpose pursued, it cannot be admitted. Thus, in the criminal proceedings, the data obtained by incitement, facilitating or encouraging the person to commit the crime cannot be admitted as evidence and, therefore, are excluded from the file, as they cannot be presented in court or serve as basis for the sentence or other court decisions.