Master'sOpen Access

Employing undercover agent as a method of struggle with criminality

2007
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Advisor: Prof.dr. Cumhur Şahin

Abstract (EN)

Organised crime has been the biggest problem of the countries foryears. In order to combat this crime many international treaties were signed.States also made amendments to the domestic law to have new safetyprecautions beause the traditional safety precautions as inquire or arrest areinsufficient for combating organised crime.Use of undercover agent is one of these new precautions. Undercoveragent is a safety precaution intervening fundamental rights and freedoms.Every precaution intervening fundamental rights and freedoms must have alegal basis. Undercover agent can be used in case of not finding evidence inother precautions. Use of undercover agent in every situation is notacceptable in the state of law that CMK counts the crimes as catalog in whichundercover agent will be used.If the undercover agent is uncovered, it will cost his life. As a result it ishard to find officers to investigate as undercover agent. The states shouldmake regulations saving the life of the people investigating as undercoveragent. Both CMK and TKKT include articles on security. Undercover agentshould be accepted as witness so these articles on security will be applied tohim.Undercover agent is a safety precaution which used in the state of lawso unlawful evidences found by him can not be used to prove a crime. For anexample, undercover agent should not act as agent provocateur. Use ofagent provocateur is not acceptable in the state of law. Because the statecan not be called as state of law having his officers commit a crime whilecombating organised crime.

Author

Dr. Ahmet Hulusi Akkaş

How to Cite

Ahmet Hulusi Akkaş (Master Thesis). Employing undercover agent as a method of struggle with criminality, 2007, Gazi University.

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