Czynności operacyjno-rozpoznawcze organów ścigania na tle działalności łowców pedofilów
Investigative Operations of Law Enforcement Authorities in the Context of Pedophile Hunters’ Activities
Author(s): Mateusz WiktorekSubject(s): Criminal Law, Criminology, Penology, Penal Policy
Published by: Polska Akademia Umiejętności / Krakowski Instytut Prawa Karnego Fundacja
Keywords: pedophile hunters; grooming; entrapment; citizen’s entrapment; police entrapment; investigative operations; controlled purchase; controlled bribe; operational control;
Summary/Abstract: The article analyses the substantive and procedural admissibility of undertaking investigative operations by law enforcement agencies reflecting the procedure of ‘pedophilehunting’. ‘Citizen’s entrapments’ carried out as part of the activities of the so-called pedophilehunters are intended to reflect, in a way, the ‘police entrapment’ regulated in thePolish Police Act. The considerations refer primarily to the so-called controlled purchase and controlled bribe, but also to operational control of law enforcement agencies, inrelation to the offense of grooming described in Article 200a § 2 of the Polish CriminalCode, and the offense of pedophilia under Article 200 § 1 of the Polish Criminal Code.From a substantive perspective, the above-mentioned investigative operations may onlyconcern situations involving an actual minor under 15 years of age, and from a procedural perspective, it is inadmissible for law enforcement officers to ‘catch pedophiles’ by pretending to be children on the Internet.
Journal: Czasopismo Prawa Karnego i Nauk Penalnych
- Issue Year: 27/2023
- Issue No: 2
- Page Range: 137-155
- Page Count: 19
- Language: Polish