Grenzen des Lockspitzeleinsatzes

The problem of police incitement is situated in the tense atmosphere between the effective combat against crime and provisions of fundamental or human rights, esp. the right to a fair trial. Despite the absence of a specific statutory basis, instigation of criminal behaviour by members of the security forces or persons acting on their instructions is a common phenomenon in Germany. Against this background, the elaboration aims at developing a regulatory proposal for Germany by taking into account the jurisprudence of the ECtHR and the legal situation in selected European jurisdictions. It thus contributes to a legal policy requirement. In this context, attention is also drawn to the possible legal consequences of an impermissible police operation. By regarding solutions discussed in the literature, a compensation model is presented, which fulfils the demands resulting from the jurisprudence of the ECtHR and is carefully fitted into the existing German legal system.