美国刑法中的“警察圈套”

An Introduction to American Criminal Law of Entrapment

美国刑事法理论中的“警察圈套”不仅具有程序上的意义,更重要的在于其具有阻却刑事违法性的作用。在“警察圈套”的构成要件的理论上,有主观说与客观说的区别。

Entrapment as a defense in substantive law serves the same general purpose as a rule of criminal procedure. It has been an important approach in detecting criminals, However, if the defend, uses it as a defense successfully, it bars the prosecution. There are two approaches, the subjective and the objective, adopted by the courts.