O simulovanim istražnim radnjama u kriminalistici

Abstract

In an effort to test the behaviour, attitudes, and commitment of those they care about, people have long simulated certain actions and events, seeking to confirm or disprove doubts about their sincerity or loyalty. Over time, simulation has evolved into a cognitive method that speaks first-hand about a person and their behaviour in situations where they believe their actions will remain a secret for others. This was also recognized by the state entities responsible for combating crime, primarily the police, realizing that secret and consensual illegal actions cannot be proven without assuming fictitious roles of criminals and organizing entrapment operations and simulated events, through which they will be exposed. However, such investigative methods immediately revealed themselves to be highly sensitive in terms of the freedoms and rights of individuals they are aiming at, as well as potential abuses and punishment of innocent citizens. The issues of the basis for the application of the entrapment operations, the determination of the person against whom the action will be taken, the actions of the police in the role of agent provocateur and in connection with that inciting the commission of a criminal offense in simulated events, among others, highlight the complexity and importance of studying this topic in criminal investigation.