PROVOCATION INTO COMMITTING THE ACT - VIOLATION OF THE EVIDENCE ADMINISTRATION LOYALTY PRINCIPLE IN THE PROSECUTION PHASE
PROVOCATION INTO COMMITTING THE ACT - VIOLATION OF THE EVIDENCE ADMINISTRATION LOYALTY PRINCIPLE IN THE PROSECUTION PHASE

Summary/Abstract: This article deals with the term "provocation into committng the act" by the judicial bodies in the evidence collection activity during the criminal trial, an activity which is contrary to the evidence administration loyalty principle, in terms of the relevant practice of the European Court of Human Rights. The European litigation court in the field of human rights has dealt with the provocation issue from the perspective of observing the right to an equitable trial provided by article 6 of the European Convention of Human Rights, crystalizing certain criteria according to which a certain activity of determination to committing an offence invoked by claimers can be considered or not provocation. Thus defined, provocation appears as a form of instigation which consists in determining, encouraging a person to commit or continue to commit an offence in order to collect the accusatory evidence against them.

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