COLLECTION OF EVIDENCE THROUGH CRIMINAL PROVOCATION AND MEASURES TO PREVENT CONSOLIDATION

Аннотация

This article analyzes the practice of collecting evidence as a result of criminal provocation, legislation of foreign countries on the regulation of this issue and the opinions of scientists, the socially dangerous consequences of criminal provocation, the legal gaps in the current national legal documents, and the problems in practice. In particular, the practice of creating artificial evidence as a result of criminal provocation and accusing a person based on it has been seriously criticized by the European Court of Human Rights and the Organization for Economic Development and Cooperation (OECD). The exact boundaries that distinguish criminal provocation from search activity have not been studied. On the basis of the above analysis, proposals are made to prevent cases of criminal provocation for collecting artificial evidence. KEYWORDS Provocation, artificial evidence, illegal collection of evidence, search operations, incitement to a crime, incitement to a crime.