n Tydskrif vir die Suid-Afrikaanse Reg - Some comments on entrapment : regspraak

Volume 2010, Issue 4
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



The use of entrapment as an investigative method to apprehend and ultimately prosecute individuals is controversial and has been widely criticised in various jurisdictions (Stegmann "A point at which the law and morality may part" 1991 688 702; Kruger (2009) 24-117; Bertelsmann (2009) 14-33). The terms "traps" and "undercover operations" are often used interchangeably, as the actions that constitute each can overlap. There will however be instances where an undercover operation does not involve the use of a trap, for example where an undercover operation is aimed at the gathering of information only. The definition of a trap is generally accepted as a procedure in which "a person who, with a view to securing the conviction of another, proposes certain criminal conduct to him, and himself ostensibly takes part therein. In other words he creates the occasion for someone else to commit the offence" ( 1963 1 SA 692 (A) 693; also see (432/09) 2010 ZASCA 14 par 27-33 (unreported)).

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