Appointment undercover agent in criminal procedure

Appointment of an undercover agent is one of the secret inquiry precautions. Before the occuring of organized crimes, the methods those are called classic safety precautions which are mostly not being secret had been used in struggling with the crimes. By the occuring and improvement of organized crimes the classic precautions became inadequate in struggeling with the crimes, then beside the classic ones it became an obligation of appliying modern secret inquiry precautions . At the begining undercover agent is used without legal regulations. After this period, it is accepted that, this kind of precautions intervening fundemental rights and freedoms must be regulated legally. At first The West European countries have made the regulations, then the others have followed. The Turkish Law system has made the regulations by a private code, after that the code of criminal procedure has been passed which is a general code. Significant attribute of the secret inquiry precautions and also undercover agent, which is our study topic, is the intervention of fundemental rights and freedoms. For this reason, for practising this precaution, circumstances as storng reason of crime doubt and being the last cure must be fulfilled. The feature which is unique for appointing undercover agent is infiltrating into criminal organization and getting the evidence. Considering the safety precautions as a whole, it can be said that it is the most hazardous precaution for the executor. From this perspective, during and after the precaution undercover agents must be protected. Keeping the undercover agent's identity secret for the aim of protrect him/her, makes the witness of undercover agent suspicious. The most contraversial issue about appointment an undercover agent in practice and doctrine is prohibition of committing crime. It is asserted that for the success of undercover agent, he/she is obligated to commit some crimes. An appropriate solution must be find between the rule of law and this obligation.