The admissibility (or inadmissibility) of police provocation and the possibility of using recognitive procedures in detecting and investigating corruption
Abstract
This article is divided into two basic parts. The first one is focused on the (in)admissibility of the use of an agent provocateur during the investigation of the corruption.
In this part, the attention is paid not only to the legislation de lege lata in the Czech Republic, but also to the comparison with foreign legal regulations, especially with the United States of America. The effort to define the (state-controlled) provocation and treatise its possible procedural consequences was not omitted either.
Recent case law of the European Court of Human Rights and of national courts is mentioned as well. In the second part, this paper deals with the possibilities of using criminal line-up during uncovering corruption.
With respect to recent case-law and knowledge gained abroad, particular proposals de lege ferenda aiming, among other things, to carry out empty recognitions or to administer the line-up in the so-called "double-blind" regime are listed in this part.