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The Use of an Agent and Issues of Police Provocation
Řepíková, Kristýna ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
The Use of an Agent and Issues of Police Provocation Abstract This work focuses on the use of an agent, one of the operative searching means contained in § 158e of the Criminal Procedure Code. This tool is widely used in the investigation of the most serious crimes, such as organized crime, drug trafficking, or terrorism. If the agent acts as a so- called undercover agent, which is a legally approved concept, it is ideal. The information obtained by the agent controller lawfully can be used as evidence in a specific criminal case. However, the agent controller can by his actions very easily enter the role of an agent provocateur. Police provocation has been described by the European Court of Human Rights and the Czech courts as an inadmissible technique. Its procedural effect in a concrete criminal case is the inapplicability of evidence obtained based on it, due to its absolute ineffectiveness. In this work, it is dealt with the concept of an agent and the related issues of police provocation as follows. The first chapter introduces the issue of the operative searching activity, which includes operative searching means and supporting operative searching means. This is necessary to understanding the concept of an agent. Similarly, the two remaining operative searching means, which are the pretended transfer...
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