Corpus Delicti of Entrapment / დანაშაულის პროვოკაც იის შემადგენლობა

Papuna Guruli

Abstract


Every single element of each particular offence requires to be considered with great care and precision. Entrapment is no exception. From the theoretical point of view it will allow us to determine whether Entrapment is kind of instigation or just delictum sui generis? From the practical point of view, it will allow to separate entrapment from resembling concepts such as the test purchase, controlled delivery etc. We will be able to grasp exactly what should be imputed to the provocateur. But before doing that we need to determine what exactly Entrapment is.

What are the elements of crime that establish entrapment. That is the objective of the present article. After analyzing the views expressed by legal experts both from Georgia and abroad, we came to conclusions:

1. Incitement means some kind of influence upon the victim, including implied actions; Incitement may be committed by omission as well;

2. Incitement may be directed also to individually indefinite group;

3. Means of entrapment may vary, but the all of them are accompanied with deception;

4. The result of incitement is the decision on committing a crime made by the victim.

5. Incitement may bring about:

1.1. Concrete danger – when the provocateur personally or/and socially disintegrates the victim causing criminal danger.

1.2. Initial result – when the provocateur personally or socially disintegrates the victim causing the initial result (the victim is accused of criminal charge, while the incited offence is not accomplished);

1.3. Secondary result – when provocated offence has been completed;

6. It is necessary to establish causation between incitement and the victim’s decision to commit a crime.

7. The aim of provocateur is to initiate criminal persecution against the victim.

8. The provocateur may have direct intent as to the fact of bringing about the victim’s decision to commit a crime and direct or indirect intent to provoke commitment of the incited crime by victim, particularly its final effect.


Keywords


provocateur; criminal; liability;

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