Criminal Procedure Concept of Instigation. The ECHR Perspective and Comparative Law

Abstract

In the actual criminal code system, the principle of fair evidence administration is a fundamental one. Within this principle, it is ruled the prohibition of the judiciary bodies to instigate, directly or indirectly, an individual to commit or continue to commit a criminal offense in order to obtain case evidence. Procedural loyalty or fairness is a corrective principle of the evidence freedom fundamental that allows the usage of any evidence means which is not prohibited by law.