Crime Cases Research Articles

Comparative Study of International and Indian Approaches on Geographical Profiling Techniques in Serial Crime Cases

Comparative Study of International and Indian Approaches on Geographical Profiling Techniques in Serial Crime Cases

O ACORDO DE NÃO PERSECUÇÃO PENAL E SUA APLICABILIDADE NOS CRIMES AMBIENTAIS

This scientific article seeks to analyze the applicability of the Non-Prosecution Agreement (ANPP), which is a decriminalizing institute brought in by the Anti-Crime Package created in Law 13.964, of December 24, 2019. In this article, we have chosen to address the Non-Prosecution Agreement applicable to environmental crimes. The problem will be to analyze the feasibility of applying the Non-Prosecution Agreement in environmental crimes, considering their nature of damage to the environment. The general objective is to understand the challenges of applying the NPA in environmental crimes. The specific objectives are to investigate whether the agreement is applicable to environmental crimes that do not involve violence or serious threats, as well as to evaluate the combination between the economic condition of the offenders and the terms that are generally proposed, identifying possible disparities and impacts. And finally, to evaluate the combination between the economic condition of the offenders and the terms that are generally proposed in ANPPs in environmental crime cases, identifying possible disparities and impacts on the fairness of the accountability process. The inductive method was used, based on theoretical foundations found in bibliographic research, such as public documents, books, scientific articles, case law and internet data.

Special Collegium Activities on Certain Categories of Cases (1934–1938)

Special collegiums operated in 1934–1938 as part of the Supreme Court of the USSR, the supreme courts of the Union republics, regional and regional courts, and the main courts of the autonomous republics. Their creation can be considered as an experiment in transferring cases of state crimes from non-curial to judicial authorities. The special collegiums activities were provided by the NKVD, special departments of the prosecutor’s office and the sector of special courts of the People’s Commissariat of Justice of the USSR. Their personnel consisted of former NKVD officers and nominees of local justice authorities. All this makes it possible to characterize them as bodies of special justice. The most notable cases considered by special collegiums were cases of anti-Soviet agitation (Article 58–10 of the Criminal Code of the Russian Federation), cases under the decree of the Central Executive Committee and the Council of People’s Commissars of the USSR dated August 07, 1932 («The Law on Three Spikelets») and cases of banditry (Article 59-3 of the Criminal Code of the Russian Federation). All of them were considered within the framework of the campaign justice model. It was characterized by an expansion and narrowing of the interpretation of the norms of substantive law. This allowed ordinary crimes and administrative offenses to be considered as state crimes. The penalties were regulated. This led to unstable judicial practice. The methods of «simplification», i.e., deviations from the norms of substantive and procedural law, were actively used. Obviously, by the middle of 1938, the experiment of depriving non-judicial bodies of judicial functions was considered unsuccessful and the special collegiums were liquidated.

«Simple» Criminal Law Measures to Combat Organized Crime and Consequences of their Application

Effective criminal law measures to counter organized crime should be based on an adequate understanding of this phenomenon and should comply With the principles, approaches and traditions of the national legal system. The disposition of the article 210.1 «Occupying the highest position in the criminal hierarchy» introduced in the Special Part of the Criminal Code of the Russian Federation is excessively concise and does not correspond to the fundamental principle of legal certainty of criminal law norms. Despite the declared successes in its application, the practice of judicial review of criminal cases of crimes is ambiguous. In addition, the conviction of a «thief-in-law» («criminal lord») and his incarceration does not deprive him of either a criminal «title» or real power in the criminal world. The low effectiveness of criminal law measures is explained by the fact that the «thieves’ world» and its criminal hierarchy headed by «thieves-in-law» are neither a criminal community (criminal organization), nor an organized group or any other form of complicity listed in Article 35 of the Criminal Code of the Russian Federation. It is proposed, having eliminated terminological redundancy, to call it a criminal community, in contrast to the forms of complicity provided for in Part 4 of Article 35 and Article 210 of the Criminal Code of the Russian Federation that are more correctly called criminal organizations. The paper defines a criminal community in its new understanding, and proposes a set of criminalized acts to effectively counter this phenomenon.

Analysis of the Effeectiveness of the Integrated Law Enforcement Center (Gakkumdu) in Criminal Enforcement of the 2024 Election in Central Java based on the Principle of Legal Certainty

This study aims to analyze and examine the effectiveness of the Integrated Law Enforcement Center (Gakkumdu) in criminal enforcement of the 2024 Election in Central Java. This type of research is empirical or non-doctrinal law, the nature of analytical descriptive research. Using a qualitative approach with primary data from interviews and observations. Secondary data from books, scientific journal articles and legislative review. The results of the study show that the Central Java Gakkumdu Center has carried out its functions and authorities as a center for criminal law enforcement activities in accordance with the Election Law and Perbawaslu, but it has not been effective and legally certain. Because in handling election crime cases in 35 districts/cities as many as 110 cases, only 5 cases have permanent legal force, 2 cases stopped at the Police investigation, and 103 cases stopped at the discussion of the Gakkumdu Center. The causal factors are not in accordance with the theory of the legal system of law: (1) Legal substance: (a) the time to handle the case of election crimes is short (Speedy trial), (b) the legal subject of the perpetrator of the election crime is not fulfilled, (c) lack of evidence in the investigation of election crimes, and (d) difficulties in finding witnesses in the investigation of election crimes. (2) Legal structure: (a) many institutions in the Gakkumdu Center make coordination difficult, (b) different perceptions between institutions in the Gakkumdu Center make it difficult to determine election crimes, (c) the Gakkumdu Center is a non-institutional coordination forum in election crime enforcement, (d) the election crime enforcement coordinator Bawaslu only forwards reports and not as an election crime investigator. (3) Legal culture: (a) lack of understanding of election crime violations, (b) lack of public awareness of reporting election crimes to the gakkumdu center, (c) lack of public willingness to witness election crime cases, and (d) weak legal awareness of election participants to comply with the election law. The solutions to overcome the ineffectiveness of the Gakkumdu Center in election crime enforcement in the future: (a) the need for a single institution in election crime enforcement, and (b) the strengthening of Bawaslu's authority in election crime enforcement

The role of hyperbole in conveying emotionality: the case of victim speech

ABSTRACT Figurative expressions are commonly used in everyday language as a device for conveying emotion. Hyperbole (e.g. “It took ages for him to arrive”) specifically can provide linguistic emphasis; especially when speakers wish to convey emotional evaluations of negative situations. In sexual crime cases, the victim’s behavioural emotionality often enhances credibility, however, some research suggests that hyperbole-induced linguistic emotionality can be perceived negatively. In this study, we examined whether hyperbole impacts perceived emotionality and assessed the extent of this impact on measures of valence, intensity, and appropriateness. Participants were professionals (police officers) or jury-eligible laypersons who rated testimonies containing either hyperbolic or non-hyperbolic expressions. Results suggested that the use of hyperbole increased the perceived emotional intensity of the testimony, but made testimonies appear less emotionally appropriate than non-hyperbolic counterparts. In addition, regardless of the presence of hyperbole, laypersons judged the scenarios to be more unpleasant, and more emotionally intense compared to professionals. Findings suggest discrepancies between hyperbole usage and discourse goals, versus its perception. That is, hyperbole effectively enhances emotionality, but its role in victim speech may come with more caveats than anticipated, particularly when considering the proposed importance of victim emotionality in establishing credibility.

Enhanced imaging of developed fingerprints and its contaminated substance using ToF-SIMS

Fingerprint is a common form of evidence utilized in crime cases, providing crucial information for suspect identification and the proof of key facts. However, traditional development methods are often ineffective for challenging fingerprints due to variations in information and surface characteristics, potentially causing damage to the fingerprint substance. Time-of-flight secondary ion mass spectrometry (ToF-SIMS) offers a non-destructive approach that combines spatial imaging with mass spectrometry capabilities. This study employed ToF-SIMS to enhance natural fingerprints that showed poor visualization when treated with 1,2-indandione and ninhydrin on porous surfaces such as printing paper, kraft paper, newspaper, and thermal paper, especially on challenging textiles. We also imaged fingerprints on nonporous surfaces that were deposited over 30 days ago using ToF-SIMS, like aluminum foil, express packaging bags, and slides. We then extended the age of fingerprint detection to 3 months to explore the relationship between the aging of fingerprints and the morphological characteristics of sweat pores. Furthermore, the study examined the detection capabilities of ToF-SIMS on fingerprints contaminated with compound econazole nitrate cream after being interfered with by development agents, illustrating its effectiveness in extracting comprehensive fingerprint information.

Healthy Communities for Youth: A Cost Analysis of a Community-Level Program to Prevent Youth Violence

Youth violence is a national public health concern in USA, especially in resource-constrained urban communities. Between 2018 and 2021, the Healthy Communities for Youth (HCFY) program addressed youth violence prevention in select economically marginalized urban communities, with the HCFY program reducing the likelihood of youth-involved violent crime. Leveraging costs from program expense reports, this study analyzes the costs of the HCFY program in order to inform policymaking and the program’s future ongoing implementation. Total HCFY program costs were $821,000 ($290,100 annually including program start-up costs) over the 34-month project period. Operationalization costs contributed the largest share (64.8%), with 45% attributable to intervention coordinators. In the intervention community, the program costs $100 per capita, $1100 per youth-involved crime case, and $8100 per youth-involved violent crime case. Findings were sensitive to the number of youth-involved crime or violent crime cases and costs of high-level program leadership and self-evaluation analysts, with the per youth-involved violent crime case cost ranging between $700 and $1600 over the program period. Analysis of HCFY program costs is an important step in determining the affordability of a community-level program to prevent youth violence in resource-limited urban communities.

COMBATING ISLAMOPHOBIA AFTER THE AL-AQSA FLOOD

The present study aims to examine the increasingly widespread phenomenon of Islamophobia linked to the Al-Aqsa Flood in 2023. National practices worldwide convincingly demonstrate that Islamophobia has increased since Israel launched its war on the Gaza Strip, breaking international laws egregiously and depriving Palestinians of their rights. In addition to this, cases of hate crimes directed at Muslims have now hit peak levels. Therefore, the current study aims to discuss the origin, motivation, and consequences of Islamophobia, probing international efforts to stop it and analytically examining the impact of the war in Gaza on the worldwide diffusion process of Islamophobia. In other words, a critical reading of Islamophobia is presented in line with a descriptive-analytical and historical approach, asserting that incidents of attack, hatred, and incitement against Muslims related to Islamophobia have risen abruptly since the start of Israel’s war on Gaza, heating the anti-Muslim sentiment and raising transnational Islamophobia. Ultimately, the study found that effectively combating Islamophobia associated with the recent war in Gaza requires taking all necessary steps to end the war and shielding Palestinian people from Israeli strikes. Accordingly, the study recommends suggestions for effective strategies to deal with, counter, and lessen Islamophobia’s negative consequences in a manner that complies with international law standards.

The Legal Position of Digital Forensic Experts in the Settlement of Information Technology Crime Cases

The Legal Position of Digital Forensic Experts in the Settlement of Information Technology Crime Cases

Proses Peradilan terhadap Pelaku Pengulangan Tindak Pidana Pencurian Ringan di Pengadilan Negeri Pulau Punjung: Studi Kasus Putusan Nomor: 8/Pid.C/2020/PN Plj

The judicial process for perpetrators of repeat crimes of light theft should be processed using a regular examination or short examination, while at the Pulau Punjung District Court, cases of repeat crimes of light theft are processed using a speedy examination. The aim of writing this thesis is to understand the judicial process regarding the examination of perpetrators of repeat crimes of petty theft at the Pulau Punjung District Court, as well as to determine the Judge's obstacles in deciding the speedy trial process in case Number: 8/Pid.C/2020/PN Plj at the District Court Pulau Punjung. This legal research is empirical juridical research, namely research that uses field object data or is based on actual conditions. The results of writing this thesis show that: the judicial process for examining perpetrators of repeat crimes of petty theft at the Pulau Punjung District Court has not been effective, especially in case Number: 8/Pid.C/2020/PN Plj which is still being processed using a quick examination process, where the process Rapid examinations can only be carried out in cases of minor criminal offenses which are not repetitions of criminal acts (recidivism), the examination process for repetitions of minor criminal acts should be carried out using ordinary and short examination procedures. The judge's obstacles in deciding the speedy examination process in this case were the lack of accuracy in handing over the case files at the time of registration where one of the defendants was a repeat criminal, as well as the lack of communication and coordination between law enforcement agencies, namely investigators and prosecutors.

Application of Criminal Sanctions for Perpetrators of Tax Crimes (Case Study of Case Decision Number: 213/Pid.Sus/2021/PN.Jkt.Brt)

This study aims to find out and describe the mechanism for resolving the application of sanctions for tax crime perpetrators and the consideration of the Panel of Judges in applying criminal sanctions to tax crime perpetrators as stated in Case Decision Number: 213/Pid.Sus/2021/PN.Jkt.Brt where the Panel of Judges imposes a prison sentence of 2 (two) years and 6 (six) months, which is lower than 9 (nine) months compared to the Public Prosecutor's demands. The type of data in this study is secondary data. The data collection technique uses the library search method, which is to systematically study and analyze laws and regulations, books, magazines, newspapers, materials from the internet and other materials related to the object of research, namely tax crimes. Based on the results of research on tax crime cases at the West Jakarta District Court with Decision number: 213/Pid.Sus/2021/PN.Jkt.Brt with the Defendant Bambang Purwosetiyo, Judge's Consideration Based on the Testimony of Witnesses, Evidence, Public Prosecutor's Indictment and Public Prosecutor's Demands. Based on these considerations, the Judge stated that the Defendant must be declared to have been legally and convincingly proven to have committed a criminal act. In addition, during the examination at the trial, the Judge did not see that the Defendant was suffering from an illness, the Defendant was able to answer well and smoothly the questions posed to him, both by the Panel of Judges, the Public Prosecutor, thereby strengthening the opinion and confidence for the Panel of Judges that the Defendant is able to be responsible according to criminal law for the acts he committed. The judge decided to impose a prison sentence of 2 (two) years and 6 (six) months and a fine 2 x 2 X Rp. 4,761,272,973,- (one billion two hundred and seventy-four million six hundred and fifteen thousand eight hundred and twenty-one rupiah). = Rp.9,522,545,946,- (Nine billion five hundred and twenty-two millionfive hundred and forty-five thousand nine hundred and seventy-three rupiah), while the Public Prosecutor demanded a prison sentence of 3 (three) years and 3 (three) months and a fine of 2 X Rp. 4,761,272,973,- (one billion two hundred and seventy-four million six hundred and fifteen thousand eight hundred and twenty-one rupiah). = Rp.9,522,545,946,- (Nine billion five hundred and twenty-two millionfive hundred and forty-five thousand nine hundred and seventy-three rupiah), thus the Judge's decision is 9 (nine) months lower than the Public Prosecutor's demand. There is no detailed explanation regarding the Judge's consideration in deciding on a prison sentence that is 9 (nine) months lower than the Public Prosecutor's demand.

Іnternational and foreign practice of compensation for war crimes

The scientific article is dedicated to the study of international and foreign practices of compensation for war crimes. The article analyzes legal mechanisms and tools used for compensating victims of war crimes in various countries of Europe and the world. The main focus is on the practice of international courts, such as the International Criminal Court (ICC), as well as national judicial institutions that handle war crime cases. Specific cases and decisions that have influenced the development of law enforcement practices in this area are examined. One of the key aspects of the work is the analysis of international treaties and conventions that regulate compensation issues, including the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, as well as the Rome Statute of the ICC. Various compensation models are considered, including monetary compensation, rehabilitation, and other forms of reparation. The article also explores the role of non-governmental organizations and international funds in the process of compensating war crime victims. The effectiveness of different approaches and mechanisms used to ensure justice and restore the rights of victims is analyzed. The work pays attention to the problems and challenges faced by law enforcement agencies when handling war crime cases, as well as the prospects for improving the international legal mechanism for protecting the rights of victims. The research is based on the analysis of specific cases, court decisions, and legal acts, allowing conclusions to be drawn about the current state and possible ways of developing the compensation system for war crimes. Thus, the article contributes to the scientific discussion on improving the mechanisms of legal protection for victims of war crimes and ensuring justice in international law.

Restorative Justice Settlement of Fraud Crime Case (A Case Study in The North Kuta Badung Police Sector)

Restorative justice is an approach in law enforcement that focuses more on recovery and reconciliation between perpetrators, victims, and the community rather than just imposing penalties to repair the social and emotional impact of criminal acts and rebuild damaged relationships. Settlement through restorative justice in its application there is still a conflict of legal norms between the Criminal Code and Perkap Number 8 of 2021 concerning handling criminal acts based on restorative justice in criminal law enforcement in Indonesia, this is because the article to ensnare the perpetrators of fraud is already available and only needs to be implemented, but the reality in the field is that there is still a vital justice approach, even though there have been peace efforts that should have stopped the investigation but the investigators are continuing because settlement through restorative justice cannot necessarily eliminate investigations and or investigations. The problem in this study is the settlement of restorative justice against fraud cases in the North Kuta Sector Police and the obstacles faced in the settlement through restorative justice against fraud cases

Determining the Disengagement of Accomplices in Telecom Network Fraud Crimes

The incorporation the accomplice disengagement theory cases of cross-border telecom network fraud crimes is crucial for the objective and comprehensive assessment of the actions of accomplices who opt out of criminal activities midway. Nevertheless, the foundational theory of accomplice disengagement is still incomplete, leading to inconsistencies in the application of laws and disparities between the severity of sentencing and the leniency of conviction decisions in judicial practices. This study investigates this matter from a comparative legal standpoint, juxtaposing the key principles of civil law and common law jurisdictions with the theories on accomplice disengagement within China’s legal framework. Through this examination, the study the current approaches to addressing concerns related to accomplice disengagement. Subsequently, the discourse delves into defining concepts, elucidating principles, outlining fundamental elements, and deliberating on conviction and sentencing, with the objective of refining the processes for determining accomplice disengagement. The ultimate goal is to ensure fairness in disengagement determinations and to devise innovative strategies to crimes related to telecom network fraud.

The transmedial triangulation of Dracula: how cinema turned the Gothic bloodsucker into a Gothicized serial killer

G. M. Amza and Al. Bilciurescu’s Vampirul (The Vampire), the first vampire novel in Romania, was published in 1938, a decade after the release of the first translation of Dracula into Romanian. Instead of emulating Stoker’s bloodthirsty undead aristocrat, the two authors envision a priest who exploits the community’s magical thinking, masquerading as a vampire-serial killer and haunting the increasingly industrialized community in the hopes of discouraging capitalistic ventures. Although evoking East-Central European representations of heretic vampire priests, there is textual and circumstantial evidence suggesting that the villain in Vampirul was (in)directly inspired by movies which revolutionized the Gothic trope of the vampire via exposure to real-life crime cases such as that of the Vampire of Düsseldorf. Through a close reading analysis, the article revisits Franco Moretti’s theory of the (semi)peripheries importing “foreign plots” through “local characters” and expands Andrei Terian’s concept of “cultural triangulation” to include cinema, which offers fresh insights into the evolution of literary tropes. As for the influence of this medium on the vampire myth, the article shows that the first vampire narrative in Romanian literature is the product of transmedial triangulation, a process whereby the narratives of 1930s horror cinema influenced the literary reception of the “foreign plot” in Dracula, which was, in turn, reinterpreted through a serial killer vampire priest, a “local character” who embodies the period’s concerns about a lingering feudal order that threatens to hinder the development of the then fledgling Romanian society.

The Identification of "Knowingly" in Crime of Assisting in Information Network-Related Criminal Activities

In recent years, with the rapid development of network technology, the frequency of cyber crime cases has been increasing, and the criminal means are emerging in an endless stream. The Criminal Law of the People's Republic of China (IX), introduced in 2015, added crime of assisting in information network-related criminal activities. Once this crime has been introduced, there are many discussions on the definition of "knowingly", which may lead to the application of this crime too extended or limited. In order to solve this problem and better understand and apply the law, this paper mainly uses three research methods: literature research, case analysis and comparative analysis. Firstly, in terms of understanding the connotation of knowing, "knowing" is understood as "clearly knowing" and "should know". Secondly, the object of "knowing" is clearly defined. Understanding "knowingly" objects as "criminal acts" that conform to the objective aspects of specific criminal acts is sufficient. Finally, a method for identifying "knowing" is proposed, with a focus on adhering to the principle of combining subjectivity and objectivity.

Prediction of the level of crime cases using multiple linear regression in the city of Pontianak

This study aims to develop a predictive model for the crime rate in the Police Resort Area of Kota (POLRESTA) Pontianak using the Multiple Linear Regression method based on secondary data obtained from the Criminal Investigation Unit of POLRESTA Pontianak. The utilization of descriptive statistical techniques and data visualization aids in identifying relevant features that enrich the information within the model. The evaluation results indicate that this model performs well in both modeling and predicting crime rates in Kota Pontianak. Despite the variations in error rates between training and testing data, the model still demonstrates its proficiency in predicting known data. The testing results also reveal that the Mean Absolute Percentage Error (MAPE) values for each crime category exhibit variations in the testing dataset, with MAPE for "Berat" increasing to 12.91%, MAPE for "Sedang" increasing to 30.11%, and MAPE for "Ringan" increasing to 26.59%. Consequently, this study concludes that the Multiple Linear Regression method holds potential as an effective tool for decision-making and the development of strategies to combat criminal activities in Kota Pontianak

Peran Hukum Pidana dalam Pencegahan Kekerasan Seksual terhadap Anak: Tinjauan terhadap Kebijakan dan Implementasi di Indonesia

Children are important assets for the nation and state, especially the next generation. Every child has the same human rights as humans in general. Children's rights have been neatly regulated in positive legislation in Indonesia in the form of protection from various crimes so that their rights are not violated, considering that there are so many cases of crimes experienced by children, especially criminal acts of sexual abuse. The law is required to be able to pay special attention to the interests of children, in this case it can overcome acts of sexual violence that are experienced by many Indonesian children. The Sexual Violence Law No. 12 of 2022 is an addition to the new government regulations that need to be studied more deeply with the aim of helping to fight sexual crimes. This research discusses a deeper study of the role of criminal law in acts of sexual violence against children using normative juridical research with an approach to theories, concepts, legal principles, and legislation. The role of Criminal Law in preventing sexual violence covers several aspects, including protection from government agencies, criminal responsibility, and ensuring law enforcement.

Upaya Meminimalkan Adanya Disparitas dalam Penjatuhan Putusan Pemidanaan dalam Perkara Tindak Pidana Korupsi di Indonesia

Problems regarding the execution of sentences obtained for corruptors recently become attractive spotlight in the eyes of the public. In the debate, many sentences for corruptors are the center of the general debate because there is a tendency for corruptors to have sentences that are considered light with the losses caused by these corruptors. Especially if they find significant differences in sentences (disparities), for corruption cases which are more or less the same and worthy of comparison. Therefore, it is necessary to know the factors of the large number of disparities in the sentencing of corruption and efforts are needed to zoom out or deal with it. This research was compiled using normative legal research, namely research based on legal materials (library based) which focuses on reading and studying primary and secondary legal materials. The approach in this study is a comparative legal approach (comparative law approach). Factors that continue to influence the emergence of disparities in the imposition of criminal convictions on Corruption Crime Cases in Indonesia are influenced by the legal system, legislation in Indonesia, factors originating from the judges themselves, factors originating from criminal events, and factors arising from not the existence of joint rules/guidelines in the imposition of sentencing