被诱惑侦查参加犯罪者的罪责初探

“诱惑侦查”或称“警察圈套”,是一个行之有效的侦查手段,但我国法律、法规或司法解释都未对此作出规定,实践中经常对被诱惑侦查参加犯罪的被诱惑者的罪责问题产生争议。根据国外有关诱惑侦查合法性问题的学说、法理和原则,根据罪责自负和罪刑相当的原则,探讨被诱惑侦查参加犯罪的被诱惑者罪责问题是很有必要的。

A Probe into the Detection of the Criminal Responsibility of the Entrapped Offender Who Is Involved in the Crime

Entrapment detection " or " police entrapment " is an effective detective means. But there is no stipulation in the laws, rules, of judicial explanations in our country.So in the practice, there are often disputes concerning the detection of the criminal responsibility of the entrapped offender who is involved in the crime. In accordance with the pertinent doctrines, theories of the laws and principles concerning the legitimacy of the entrapment detection, and the principles to bear one ' s own criminal responsibility and to be equivalent to the guilt in foreign countries, this article probes into the issue of the detection of the criminal responsibility of the entrapped who is involved in the crime.