Analysis of the Concept of Entrapment; A Comparative Approach to American and Iranian Criminal Law

• Main Authors: Gholam Hossein Elham, Hossein Goldouzian
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2013-10-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī
• Subjects: Keywords: Entrapment; Sting operation; Police agents; Instigate and persuade; Normal law abiding citizen; Providing an opportunity for the commission of a crime
• Online Access: http://jclr.atu.ac.ir/article_204_0b299f492d7e75e800663ee1c398bce9.pdf

Police officers sometimes resorts to the sting operations to detect a crime. American criminal law allows to use this sort of operation. In Iranian criminal law, Islamic and legalprinciple forbid such an operation.However, under the light of Tazahom principle, in serious crimes like diffusion of drug according to the rule of The Most Important which is provided in penal code (Article 158, section B), police officersresort sting operation. These sort of measures, sometimes lead to commit a crime by a citizen instead of arresting a professional criminal and entrapment comes to existence. To achieve the entrapment, incitement must be done by the police officers and it must be done in the way that might be able to influence any common citizens.