Admissibility of evidence from covert investigation and permissible influence of the covert investigator

Facts

Parties: Appellant [A.] against the Public Prosecutor's Office of the Canton of Zurich.

Facts: [A.] was accused of communicating via an internet platform and by email with an alleged 14-year-old girl ([B.] ) to arrange sexual acts. At the arranged meeting, [B.] was an investigator from the cantonal police. [A.] was arrested. The District Court of Zurich convicted [A.] of attempted sexual acts with a child. The Higher Court of the Canton of Zurich confirmed the guilty verdict and imposed a deportation order. [A.] filed an appeal in criminal matters.

Main issue: The appellant disputes the admissibility of the evidence from August 9, 2019, 10:01 AM, due to alleged impermissible incitement to commit an offense by the covert investigator.

Considerations

The appellant argues that the email correspondence with the covert investigator from August 9, 2019, 10:01 AM, is inadmissible because the investigator induced him to arrange another meeting through his messages. He claims that the investigator's messages constituted impermissible incitement to commit an offense under Art. 293 CrimPC and exceeded the permissible scope of influence.

The Federal Supreme Court finds that the covert investigation in the present case was conducted lawfully. The investigator's messages were not impermissible influence but a permissible reaction to the appellant's messages. The initiative for sexual acts always came from the appellant, and the investigator merely maintained the communication to ascertain the appellant's willingness to…