实体与程序契合路径下诱惑侦查案件的定罪

Conviction on Cases Under Entrapment Investigation in Line with Substantive and Procedural Laws

为系统化解诱惑侦查案件的定罪难题,可首先在实体法维度,就行为人的犯罪倾向性、诱惑侦查行为的形式合法性和内容合法性三个方面对诱惑侦查进行审查;其次在程序法维度,将前述审查结果进行耦合式排列,并根据不同情形,借助证据学、侦查学的基本理论,对具体案情进行剖析,最终得出诱惑侦查案件能否定罪的结论。

In order to solve difficult problems in conviction on cases under entrapment investigation systematically, we should, firstly in the substantive law dimension, review entrapment investigation in the three aspects of criminal tendencies of the defendant, the form and content legitimacy of entrapment investigation behavior; secondly, in the dimension of procedural law, we should, according to different situations and with the help of basic theories of evidence and investigation, make a coupling arrangement of the results of the aforementioned review, analyze the details of the case, and ultimately draw a conclusion about whether the defendant can be convicted