Får ej provocera enskild till att begå en typ av gärning som denne inte annars hade begått - Hur avgörs det?

The Swedish police have a wide selection of methods available in conducting investigations. One of them is to use agent provocateur. An agent provocateur is a person who incest people to commit crimes. If a crime is committed after the use of an agent provocateur and the prosecutor choose to prosecute. The court is powerless to pass sentence if the defendants right to a fair trail, according to article 6 ECHR, has been violated. The right to a fair trail is violated if the defendant, after the use of agent provocateur, committed a type of crime that the defendant otherwise would not have commit. This means, that the court before pass sentence, needs to answer the question if they think that the defendant would have commit the same type of crime in the future. The purpose of this bachelor’s thesis is to examine which material facts can, by virtue of case law, be considered essential for the adjudication. To answer the question, I describe the use of agent provocateurs. My conclusion is that both government employees and private individuals can be considered as agent provocateur and that the use of agent provocateurs in Sweden is governed by both substantive and procedural rules. Two significant decisions from the European Court of Justice studied. Of those decision, can be inferred that three material facts can be considered essential for the adjudication; previous criminal record, who initiated the first contact and other circumstances appertain to the provoked crime. By virtue of Swedish case law, which process the question if the court thinks that the defendant will commit a crime in the future. It is, according to me, to conclude that the Swedish court considered previous criminal record, who initiated the first contact and other circumstances appertain to the provoked crime as facts to be considered as essential for the adjudication. Previous criminal record analysed using criminal statistic, which indicate that there is scientific evidence showing that a person already convicted, are disposed to commit further crimes.