The article examines the gap in the legislation on the release of confidants from criminal liability for crimes committed during operational search activities. The author proves that the specifics of the confidant's guilt (due to his status and activities) are the key basis for release. An analysis of the theories of guilt and the status of the confidant shows the absence of a positive mental attitude to the act (classical guilt) due to the forced nature of the actions, the absence of personal interest and motives for the crime, as well as the dominance of socially useful goals.