The present analysis is based on the problems of provocation to acts of corruption, taking into account the legal framework, the doctrine and the practice of European Court of Human Rights. It outlines that the activity of provocation to acts of corruption must involve concrete forms of instigation, susceptible to generate under intellectual aspect, the taking of the decision to commit the offence. Also, it points out the fact that provocation may consist of: insistently favours, false promises, repeated requests, based on personal sympathies, threats, etc. Not least, is released the conclusion that the under cover activity does not contradict with the right to a fair trial and the existence of clear, sufficient and adequate procedural guarantees applied by the state’s agents or private persons which act under the surveillance of the state’s agents is considered as „outside the instigation.”