THE LEGAL NATURE OF SIMULATED INCITEMENT AS A MEANS OF INVESTIGATION AND INQUIRY IN CRIMES ACCORDING TO LEGISLATIVE AND JUDICIAL PROVISIONS
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Abstract
This research delves into the legal ramifications of simulated incitement as an investigative tool in criminal cases, according to both legislative and judicial frameworks. It scrutinizes the effects of simulated incitement on the integrity of criminal proceedings, further elaborating on its definition, variations, and constituent elements. The methodology encompasses both analytical and comparative approaches, evaluating legislative and judicial practices in Egypt, Jordan, and Iraq.
The findings reveal that, unlike most criminal legislation that tends to address ordinary incitement, the Palestinian Criminal Procedure Law No. 3 of 2001 lacks specific provisions for simulated incitement. Establishing the authenticity of motives behind a simulated inciter's actions poses significant challenges. Nonetheless, the judiciary systems in Iraq and Egypt have recognized the use of simulated incitement, contrary to Jordan where it remains unauthorized. The study advocates for the urgent formulation of specific regulations concerning simulated incitement by Palestinian lawmakers, aimed at equipping judicial officers with clear guidelines that discern between crime exposure and crime creation.
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