The College of Law discusses a master’s thesis on fictitious incitement to commit a crime

The College of Law discusses a master’s thesis on fictitious incitement to commit a crime
The Faculty of Law at the University of Karbala discussed the master’s thesis entitled “Mock incitement to commit a crime – a comparative study”, the thesis submitted by the student Muhammad Hawass Golub.
The study aims to clarify and identify the fictitious incitement to commit the crime and in particular the fictitious incitement issued by the members of the judicial police, as the crime may be committed with prompting by members of the public authorities in order to catch the accused in flagrante delicto before initiating it or to help discover the crime and establish its truth. In order to combat crime and arrest criminals, the public authority may resort to methods based on prompting some of the accused to commit some crimes that require complete secrecy and lack material evidence and are difficult to detect through the usual procedures, such as drug smuggling crimes, financial and administrative corruption crimes, and other crimes.
This study showed that detecting the perpetrators of crimes and subjecting them to the law is motivated by different motives, the goal may be to arrest the offender in flagrante delicto, so that it can be easily proven. In order to entrap a certain person to accuse him and then punish him out of revenge, a man of public authority may pretend to buy a quantity of narcotic from a person who trades in it, and the aim is to bring the offender to justice.
The study reached a number of results and recommendations, the most important of which is that most criminal legislation has refrained from regulating this method, while we find that there are legislation that has organized it according to certain controls and frameworks and about specific crimes. The method or its illegality and about the responsibility or non-responsibility of the perpetrator and instigator and its impact on the commission of the crime as well as its procedural effects, especially in the field of the legality of evidence, and the validity and integrity of judicial procedures related to the mentioned method.

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