التخفي وتجنيد المصادر في الإجراءات الجزائية الفلسطينية
شروق خليل موسى الهريمي
shurooq khalil mousa alherimi
Police Investigation plays a key role in discovering crimes and the persons who have committed them. However, while exercising their power, investigating police officers should abide by existing legal restraints. Undercover policing and confidential informants are world widely used and become more significant than ever before. Despite immense importance of such technique, the Palestinian Procedures Law has failed to directly address this issue. There are at present no regulations specific to the use of informants in police investigation. In addition, the use of undercover police techniques is still controversial, though accepted in many courts and jurisdictions. The main research question that the current study seeks to answer is: to what extent the undercover operations and the use of informants by police would be compatible with both the legal standards and ethics in the criminal justice? This thesis consists of two chapters. The Preface gives an introduction and orientation to the subject though reviewing and summarizing the process of police investigation, powers, and tactics. Chapter 1 examines the legal framework governing the use of informants by police and the undercover policing. Chapter 2 discusses the fundamental problems associated with the admissibility of evidence gathered by undercover policing and the use of informants Based on documentary analysis, the analysis of legal material, and the use of comparative method, this paper provides unique insights into the context in which the need of law amendment becomes imperative. This should be of great interest to decision makers and researchers. One of the key conclusions drawn from this thesis is that the law of criminal procedures does not address properly the challenges related to police informants. With regard to legal restrictions of the use of undercover police, criminal penalties have failed to deter the violation of such restrictions, and therefore, there is great need for legal amendments to ensure that investigating techniques would be compatible with law. In addition, this research recommends that there is a great need for a regulation that provides comprehensive guidance for awarding police informants.