The European Court of Human Rights recognizes the right of national law enforcement agencies to use specific covert methods; however, while operating in secret, they may not incite the commission of crimes.

The practical aspects of the issue of incitement to commit a crime were discussed during a webinar for attorneys, prosecutors, law enforcement officers, and judges by Oleksandr Drozdov, Ph.D. in Law, attorney, founder, and expert at ECHR.UkrainianAspect, Oleksandr Drozdov, Chair of the NAAU Committee on Legal Aid and Honored Lawyer of Ukraine, and Iryna Hlovyuk, Ph.D.Ph.D., professor, attorney, and scientific advisor at Barristers Law Firm, as well as head of the Department of Criminal Procedure at the Odessa Law Academy, Iryna Hlovyuk.

As a reminder, the European Court of Human Rights holds (see the judgment in the case of “Khudobin v. Russia”) that the Convention for the Protection of Human Rights and Fundamental Freedoms does not prohibit the use of covert forces and methods during the pretrial investigation stage if this is justified by the nature of the crime, for example, to combat organized crime. However, the subsequent use of such sources of evidence by a court will be lawful only if there are adequate and sufficient safeguards to prevent abuse, in particular when there is a clear and transparent procedure for authorizing the use of such investigative measures, for carrying them out, and for monitoring these actions.

Furthermore, the use of evidence obtained as a result of police entrapment cannot be justified by the public interest, as the defendant may be deprived of the right to a fair trial.

Part 1