Provocation and Control Over the Commission of a Crime: Significance and Correlation

Abstract

Provocation (in a broad sense) must be identified as a set of measures based on the application of the method of psychological (manipulative) influence on the life of an individual (or groups) in order to achieve appropriate goal. A provocation over the commission a crime is an action (or inaction) of law enforcement agencies against an individual (or group of persons) in order to influence their decision to commit a crime, provided that the previously mentioned person (persons) did not intend to do so. In contrast to the provocation, control over its commission could be applied in the presence of following conditions: 1) the crime in any case would be committed regardless of the intervention of law enforcement agencies or undercover officers (agents); 2) law enforcement agencies became aware of the likelihood of committing a crime after the intent of the person who plans to commit it; 3) passive role of law enforcement officers or undercover officers (agents) in committing a crime; 4) strict documentary recording of all actions conducted by law enforcement agencies. In order to increase the level of efficiency of covert employees (agents) activities to separate control over the commission of a crime from provocation, it is necessary to set strict rules for their possible actions and the conditions of their use in combating specific manifestations of crime. It was established that activities of all law enforcement agencies of Ukraine require unification of instructions for undercover officers (agents), in compliance with the Law of Ukraine "On State Secrets".