Analysis of Standards and Effects of Police Indirect Court of Human Rights——Taking“Akbay and Others v.Germany”as an Example  

作　　者：刘梅湘 侯慧茹 CHEN Feng LIU Meixiang;HOU Huiru(the Criminal Prosecution Research Center of Southwest University of Political Science and Law;Criminal Prosecution Research Center of Southwest University of Political Science and Law)

机构地区：[1]the Criminal Prosecution Research Center of Southwest University of Political Science and Law [2]Criminal Prosecution Research Center of Southwest University of Political Science and Law [3]不详

出　　处：《The Journal of Human Rights》2024年第1期202-230,共29页人权（英文版）

基　　金：the research outcome of the National Social Science Fund project“Research on the Application of Surveillance Technology Investigation Evidence”(Project Approval Number 19BFX090);the Chongqing Municipal Education Commission’s 2021 Graduate Scientific Research Innovation Project“Research on the Adjudication Standards for Remand for Violation of Procedure:Taking the Defendant’s Right to a Fair Trial as the Starting Point”(Project Approval Number CYB21151)。

摘　　要：The European Court of Human Rights(ECtHR)has ruled that illegal indirect entrapment must meet three criteria simultaneously.This mixed standard requires that the previous direct entrapment violates the“essentially passive,”subsequent indirect entrapment satisfies the“reasonable foreseeability,”and police entrapment of secondary defendants to commit crimes is considered“decisive.”The legal consequences of indirect entrapment are distinguished between general indirect entrapment and illegal indirect entrapment.The basic position of the ECtHR on the consequences of illegal indirect entrapment has shifted from supporting mitigating penalties to recognizing procedural dismissal,and general indirect entrapment is considered a mitigating factor in sentencing.Against the backdrop of increasing internationalization of criminal justice standards,the above criteria and positions have strong implications for the improvement of relevant rules in China.

关 键 词：indirect entrapment direct entrapment standard of legitimacy legal consequence 

分 类 号：D914[政治法律—刑法学] D916.2[政治法律—法学]