Conviction On Lured Crime In Lure Spy

Luring spy, called Policeman Trap and Spy Trap, as measure of appeal Crime,which has been widely used in drug crime,bribery, forge currency,prostitution organization, internet crime , illegally weapon sale and so on. However, it is the fraudulence of the luring spy and the vacancy of the legislation,it is challenged by quite a few law-actor. How to settle the confliction between the justice practice and the legislation, and how to punish crime and human rights protection are the questions faced by the criminal law theorist and practice. Considering of above issues, the writer believe that it cannot be identified to conviction which is wholly affected by the luring spy and which is different from normal crime.The article includes three parts, which is about 27,600 words. The first part is the summarize of the lured crime. In this part, through the definition and the specialties of the lured crime conclude the definition of lured crime. Secondly, differentiating and analysing the existing law and legal practice in the PRC, including the main views in theory and the different case law in the US and Japan.The second part discusses the validity of the lured crime. Firstly, this article point out that it is difficult to identify the crime intention before lured, and it is no point to classified the crime intention lured crime and the chance supporting lured crime. Secondly, after analysing in three levels ,the luring spy should be identified illegally: firstly,there is no related definition in the PRC law. Secondly, it falls short of the request of spy. Thirdly, luring spy breach the provision of criminal law on Crime fact comes before the spy.The third part is the main part of this article, which expatiates the Reasons of which is cannot be criminated. Firstly, from the point of the criminal law theory, the writer believes that it could not compose the important document of the crime, which the lured criminal should belong to the non-punishable incapable crime. Secondly, considering the lured crime is enslaved to the luring spy, it is violate the theory of the co-criminal and the consistency of responsibility for an offence. Lastly, from the procedure law point of view, I point out that luring spy is breach the justice of criminal law and the evidence is illegal and should be avoidant.