Onder 8.7. Parket bij de Hoge Raad 20 juni 2017

40. Whatever form of procedure the domestic courts follow, the Court requires it to be adversarial, thorough, comprehensive and conclusive on the issue of entrapment. As regards the principles of adversarial proceedings and equality of arms, the Court has found these guarantees to be indispensable in the determination of an agent provocateur claim, particularly in the context of non-disclosure of information by the investigating authorities (see Bannikova, cited above, §§ 57-58, and, mutatis mutandis, Morari v. Moldova, 65311/09, § 35, 8 March 2016). The scope of the judicial review must include the reasons why the undercover operation was set up, the extent of the police’s involvement in the offence, and the nature of any incitement or pressure to which the applicant was subjected. For instance, a procedure for the exclusion of evidence was found to satisfy these criteria (see Ciprian Vlăduț and Ioan Florin Pop v. Romania, nos. 43490/07 and 44304/07, § 83, 16 July 2015).

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