ADMISSIBILITY OF AN AGENT PROVOCATEUR AND AN ADVOCATE ACTING AS AN AGENT

Abstract

The issue of an agent in criminal proceeding has been the topic of scientific discussion for several years in European countries as well as in the Slovak Republic. In particular, the topic of agent provocateur is constantly interesting and controversial in a view of its problematic practical implementation in relation to the national legal regulation of that institution, existing jurisprudence, including the practice of the European Court of Human Rights. This issue is worthy another discussion because there are many opinions that it intervenes into the fundamental rights of individuals and many lawyers point out that is not in compliance with the basic principles of the democratic state respecting rule of law. Theoretical aspects of the topic have caused its complicated way of application in the relation to respect towards the basic principles of the democratic state respecting rule of law

By analyzing and comparing the domestic regulation, case law of domestic courts and the European Court of Human Rights the authors have ambition to suggest different views on problematic aspects of this institution, especially its form as agent provocateur. Special attention is dedicated to the question whether a lawyer, concretely advocate can act as an agent. The nature and purpose of all these institutions, including the question of legal entrapment, raising polemics dividing the society. The article does not aim to offer one satisfactory solution. The reason is, as the reader will have a chance maybe to come to the same idea, there are many different state approaches worldwide and especially in the States of the Council of Europe, which affected different ways of understanding of the Agent Provocateur, its role and purpose in the democratic state with rule of law. The authors´ intention is to seek arguments acceptable for both parties to the dispute.