Police Provocation in the Practice of the Bulgarian Courts and the European Court of Human Rights

This article examines "police provocation" in the practice of Bulgarian courts and the European Court of Human Rights (ECHR). Knowledge of this procedural institution is important for successfully distinguishing it from various legitimate means of proof in order to avoid abuses by the state authorities. The criteria for the identification of police provocation applicable in criminal cases are discussed. Attention has been paid to the mechanism developed by the ECHR for compensation of admitted violations of the right to a fair trial under Art. 6 § 1 ECHR by excluding evidentiary materials acquired through "provocation" by the public authorities.

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Publication Details

Journal
Law Journal of New Bulgarian University
Published
2024-12-30
DOI
https://doi.org/10.33919/ljnbu.24.2.3
Primary Topic
Sarcoma Diagnosis and Treatment
Type
article
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article

Police Provocation in the Practice of the Bulgarian Courts and the European Court of Human Rights

Law Journal of New Bulgarian University
Sarcoma Diagnosis and Treatment
article

Police Provocation in the Practice of the Bulgarian Courts and the European Court of Human Rights

article en

Abstract

This article examines "police provocation" in the practice of Bulgarian courts and the European Court of Human Rights (ECHR). Knowledge of this procedural institution is important for successfully distinguishing it from various legitimate means of proof in order to avoid abuses by the state authorities. The criteria for the identification of police provocation applicable in criminal cases are discussed. Attention has been paid to the mechanism developed by the ECHR for compensation of admitted violations of the right to a fair trial under Art. 6 § 1 ECHR by excluding evidentiary materials acquired through "provocation" by the public authorities.

Law Journal of New Bulgarian UniversityVol. 20(2)
University of National and World Economy (BG)
Peace, Justice and strong institutions
Openalex Percentile: Top 42%
Sarcoma Diagnosis and Treatment
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