Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
In this paper the author analyzes the: “Conditions and limits of investigative entrapment as a special investigative technique”. Upon the signing, on December 2000, of the United Nations Convention against Transnational Organized Crime, Greece was obliged to adopt in its domestic legal system the use of special investigative techniques that were provided by art.20 of said Convention. The abovementioned obligation was fulfilled, by virtue of Law 2928/2001, and especially art. 6, which entered into the Greek Penal Code the provision of art. 253 A, regarding the investigative entrapment, which is the topic of this paper, and other investigative techniques. These investigative techniques were not unknown to the domestic legal system, at the contrary they were in use but only for a limited number of crimes.The necessity to use this technique should be harmonized with the principle of fair trial of art.6 of the European Convention on Human Rights among with other essential human rights and principles, such as the right to silence and the principle against self-incrimination. However, the main issue in the use of this technique is the conditions under which the investigative entrapment should be permitted and, consequently, the necessary delimitation between this special investigative techniqueand tolerated police action. In the present paper there is a detailed presentation of investigative entrapment. In the first chapter a thorough presentation is being made for the legal frame under which this special investigative technique can take place. More specifically, it is examined the use of investigative entrapment as a special investigative technique, the conditions under which its use is permitted and, in addition, there has been made a reference between its distinction with the role of agent provocateur in Greek legal system. Moreover, the second chapter of this paper includes a thorough presentation of the human rights that are being violated by the use of this technique, among with the principle of the fair trial, and the limits that are set by the protection of human rights and basic principles. In addition, in the same chapter, there is a presentation of the recent jurisprudence concerning both investigative entrapment and police entrapment and the right to a fair trial, showing the importance of the Strasbourg Court Jurisprudence for the Greek legal order.Finally, on the third chapter, it is examined how the nullity, that comes from the non- obedience of the rules in the penal procedure, affects the progress of the procedure and the rights of the person accused, and, more specifically, it is examined the luck of the findings of this technique and in which way they can be used during the penal procedure.
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", κατεύθυνση Ποινικό Δίκαιο και Θεωρία του Δικαίου, 2013