Commission Of Crime Research Articles

Foreign and national experience in a predicate crime setting

This article analyzed issues related to the identification and definition of predicate crimes, which are considered as the main crime in the commission of crimes related to the legalization of proceeds from criminal activity. Also, the article analyzes the international conventions that should be taken into account by the countries when defining the predicate crime, and the definition that is suitable for the legislation of Uzbekistan was developed.

The role of civil society institutions in combating the consequences of russian aggression against Ukraine

The article discusses the role of civil society institutions in the process of overcoming the consequences of russian aggression against Ukraine. It is highlined that one of these consequences is the need to document numerous war crimes in order to further use such materials in international courts and tribunals. It is emphasized that in the context of martial law, the law enforcement system faces a number of objective factors that impede the adequate performance of their functions, including such as 1) the need to document and investigate mass acts of commission of war crimes while continuing to perform the functions of law ordering; 2) loss of access to temporarily occupied territories when they became the epicentre of mass crimes on the part of the invaders. It is seen that civil society and its numerous institutions, which were actively involved in the process of overcoming the consequences of aggression, became an obvious support for the state and the law enforcement system. The activity and degree of involvement of civil society and its institutions in activities related to overcoming the consequences of the russian federation full-scale war aggression against Ukraine demonstrate a high level of involvement of all kinds of civic institutions in this process, which is carried out in different directions (from the assistance of the army – to evacuation of civilians from the territories affected by war actions, etc.). One of the tasks assumed by civil society was the activity of documenting war crimes, which was actively involved in civil society institutions, both Ukrainian and international representatives. It is emphasized that the important role of social institutions in the process of documenting war crimes is emphasized by Nobel Prize Committee, which honoured the Peace Award 2022 for civil society representatives, in particular for their activities in the documentation of war crimes. As a result, the need to develop legislative mechanisms on the interaction of the state and its law enforcement system with civil society institutions in the direction of documenting war crimes is emphasized.

Evaluation of Current Investigations and Future Directions in White-Collar Crime

Background: White-collar crime refers to illegal activities that individuals or organizations commit during business or professional activities. These crimes are often financially motivated and include embezzlement, fraud, bribery, money laundering, and insider trading. White-collar crime can have significant consequences for individuals, organizations, and society. Objectives: The objectives of research on white-collar crime may include understanding the motivations and behaviors of those who engage in such activities and identifying the organizational and societal factors. That contributes to the prevalence of white-collar crime and the development of new methods for detecting and preventing white-collar crime. Method: This review highlights and assesses recent (primarily during the past decade) contributions to white-collar crime theory, new evidence regarding the sentencing and punishment of white-collar offenders, and controversies surrounding crime prevention and control policies. Several promising new directions for white-collar crime research are identified, as are methodological and data deficiencies that limit progress. Results: The results of a study on white-collar crime can vary depending on the specific research question and methods used. However, some common findings include the prevalence of certain types of white-collar crime, the characteristics of individuals and organizations that are most likely to engage in such activities, and the impact of white-collar crime on individuals, organizations, and society as a whole. Conclusion: The research conclusion on white-collar crime may summarize the main findings, highlight the implications of the research, and make recommendations for future research. Evaluation of Current Investigations and Future Directions: Current investigations on white-collar crime have greatly improved our understanding of white-collar offenders' motivations, behaviors and methods. However, there are still areas that need further exploration, such as the study of the psychological profiles of white-collar offenders, the impact of technology on white-collar crime and its detection, and the examination of the role of organizational culture in the commission of the white-collar crime. It is also crucial to focus on the development of effective interventions and policies to prevent white-collar crime from happening. Future research may also consider the global and cross-cultural dimensions of white-collar crime.

К вопросу о необходимости профилактической работы инспектора по делам несовершеннолетних в аспекте медиабезопасности несовершеннолетних

Currently, the information society is developing at a high speed, in fact, almost everyone uses the Internet on a regular basis. The global rate of Internet usage has increased significantly over the past few decades. Although this trend is observed in all age groups, it is most pronounced among minors. The expansion of interactive online activities seems to be encouraging young people to stay online longer than expected.
 It is known that excessive use of the Internet increases the tendency to develop destructive behavior on the Internet. Such high-risk behavior can have a detrimental effect both on the psychological development of adolescents and on the formation of their further behavior. We must not forget that when using the Network, you can get both necessary and useful information and "false" information. In most cases, it is minors who are exposed to negative information due to their age and psychological characteristics.
 In addition, groups with a destructive orientation are being formed on the Network, which broadcast aggression, cruelty, hatred, calls for suicidal behavior, which can subsequently lead to the formation of destructive behavior on the part of minors and an increase in the commission of offenses and crimes. Currently, due to the aggravated situation in the world, it is much more common to notice the spread of negative information on the Internet, as well as "false" information that can negatively affect the formation of the worldview of minors, value orientations and further behavior.
 Of course, on the one hand, the use of the Network gives a minor the opportunity to satisfy their necessary needs, such as communication, searching for information, watching movies and useful videos, etc. But on the other hand, certain risks appear to a greater extent in the use of uncontrolled communications by minors, access to negative content appears.
 We emphasize that the main preventive activities should be carried out by law enforcement agencies. Due to the fact that the protection of the rights of minors is within the competence of the Juvenile Affairs Unit (hereinafter PDN), first of all, preventive activities should be carried out by PDN inspectors.

New trends in extremist and terrorist crime and measures to counter threats to national security

The author analyzes the current state of extremist and terrorist crime, as well as the main trends in the commission of individual crimes in 2022 and 2023. The choice of this time period is due to the increased threats to the national security of the Russian Federation. Attention is drawn to the indicators of crimes provided for in Articles 205, 205.2, 281, 357 of the Criminal Code of the Russian Federation. Based on the evaluation of statistical data, information about the current criminogenic situation was obtained. There was a slowdown in the growth rate of the number of public calls for extremist activity (Article 280 of the Criminal Code of the Russian Federation) and the facts of incitement to hatred or enmity (Article 282 of the Criminal Code of the Russian Federation). The intensification of terrorist and sabotage activities is stated. The materials of separate foreign studies concerning destructive activity in the information sphere are analyzed. Conclusions are drawn about the need to consider extremist and terrorist activities in the context of information warfare and the use of information weapons. With this in mind, it is proposed to take a number of measures in the field of information security. As a measure to counteract new threats to national security, the urgent need to systematize and publish information that became known during the investigation of criminal cases initiated on the facts of the genocide of the Russian-speaking population in the period from 2014 and the Soviet people during the Great Patriotic War is called. It is proposed to consider the issue of securing in Russian legislation the powers of the Security Council of the Russian Federation to declare a State carrying out terrorist activities as a sponsor of terrorism.

The Impact of the Coronavirus Pandemic on the Commission of White-Collar Crimes by Ordinary Citizens

The Impact of the Coronavirus Pandemic on the Commission of White-Collar Crimes by Ordinary Citizens

Visualizar principales características y métodos de la delincuencia informática, a partir de la lucha mundial contra el COVID-19

By means of the proposed objective; to visualize the main characteristics and methods of computer crime, based on the global fight against COVID-19, we intend to demonstrate in this research, that the greater the implementation of technologies in homes, companies or commercial sectors, the greater the opportunities for cybercrime. It is important to highlight that we collected information from recognized websites of public and private entities that are dedicated to data on digital transformation; implementation of technologies; connectivity index; user skills and abilities when navigating cyberspace; on the other hand, they document the most effective and continuous cyber-attacks in recent years, and their main sectors of interest.
 Finally, we focus on predicting the degree of truth of the hypothesis, using an experimental methodology from what has already been described and explained; therefore, by means of statistical analysis we clearly present the object of study and techniques visualized in the research process; besides focusing the discussion on the justification objectively in the coincidences of the results and project them to future works focused on the commission of computer crimes; more specifically, computer crime or delinquency, where ICT are the means by which attack vectors are launched.

Auditoría jurídica empresarial en la fiscalización en la república de Ecuador

This work, drawing from the original reference of Compliance Programmes from the theoretical doctrinal analysis of comparative law, allows us to propose a corporate legal audit for public companies in Ecuador. The development of this study aims to traverse foreign doctrine, legislation, and jurisprudence in terms of the commission of crimes resulting from mercantile business, which are escalating due to the dynamics of globalization and the internet. In relation to this, reference is made to global transformations and the emergence of new criminal behaviors, as well as a rigid and outdated punitive power of the Ecuadorian state in the face of new phenomena. Utilizing techniques such as questionnaires, document analysis, and interviews, criminal acts within corporations are examined, always seeking their resolution and eradication.

Innovación curricular emergente ante el Covid-19: propuestas para la educación universitaria

This work, drawing from the original reference of Compliance Programmes from the theoretical doctrinal analysis of comparative law, allows us to propose a corporate legal audit for public companies in Ecuador. The development of this study aims to traverse foreign doctrine, legislation, and jurisprudence in terms of the commission of crimes resulting from mercantile business, which are escalating due to the dynamics of globalization and the internet. In relation to this, reference is made to global transformations and the emergence of new criminal behaviors, as well as a rigid and outdated punitive power of the Ecuadorian state in the face of new phenomena. Utilizing techniques such as questionnaires, document analysis, and interviews, criminal acts within corporations are examined, always seeking their resolution and eradication.

Совершенствование криминалистического взаимодействия при расследовании хищений, совершенных с использованием методов социальной инженерии, реализуемых при помощи информационно-телекоммуникационных технологий

One of the trends in the implementation of selfish goals with the help of information and telecommunication technologies is the use of social engineering methods when committing theft of other people’s property. Particular attention is paid to the fact that the considered fraudulent activities are implemented using computer or mobile devices and technologies. The article is devoted to the consideration of the features of improving forensic interaction in the investigation of these thefts. The paper clarifies the mechanism for using social engineering methods in the theft of other people’s property, and also forms a circle of subjects of interaction. The author refers to the specified subjects of interaction the organizations providing cellular communication services, the Internet, banking organizations, specialists with special knowledge, law enforcement officers, etc. The conclusion is made regarding the improvement of the areas of forensic interaction in the investigation of these crimes, which make it possible to successfully obtain forensically significant information, search for a criminal in hot pursuit, as well as prevent the commission of new crimes. In conclusion, it is concluded that the improvement of the interaction under consideration is necessary and extremely important, since this will not only allow organizing a preliminary investigation properly, but will also contribute to the development of a system of measures for forensic and criminological prevention of theft of the type under study.

IMPACT OF HUMAN CAPITAL AND CORRUPTION ON ECONOMIC GROWTH IN NIGERIA

This study investigates the effect of human capital development and corruption on economic growth in Nigeria. The study employed Augmented Dickey-Fuller (ADF) and Phillip Peron (PP) tests, Johansen Cointegration test and Error Correction Mechanism (ECM) to analyse the data spanning from 1996 – 2020 sourced from World Development Indicators (WDI) and Transparency International. The empirical results show that human capital development has a significant negative effect on economic growth while corruption has a significant positive effect on GDP per capita. The results further reveals that the interaction variable has a negative and significant effect on economic growth in Nigeria. Therefore, the study conclude that human capital development and corruption have significant effect on economic growth in Nigeria. The study recommends among others that government should strengthening institutions of Economic and Financial Crime Commission (EFCC), Independent and Corrupt Practices Commission (ICPC) and Court of Conduct Bureau (CCB) in Nigeria. KEYWORD: ADF, ECM, TROP, Economic growth.

Space transition and the vulnerabilities of the NFT market to financial crime

PurposeThe purpose of this paper is to describe how non-fungible tokens (NFTs) can be used in the commission of financial crime, including money laundering and crypto-fraud schemes, using the framework of the Space Transition Theory.Design/methodology/approachA literature review relating the Space Transition Theory to crime vulnerabilities related to NFTs is conducted and practical examples illustrating NFT schemes are provided.FindingsThe authors find that the Space Transition Theory explains the evolution of financial crimes into the NFT space. The transformation of the art industry from the physical to the virtual space through NFTs underlies the criminal activity surrounding them. NFTs enable crime because of the flexibility, dissociative anonymity, lack of deterrence and anonymity.Research limitations/implicationsCriminals can easily take advantage of the users’ limited knowledge of blockchain to defraud them of their money or tokens. These risks accentuate the need to adopt appropriate measures to augment the accountability of NFT transactions. Until such interventions are implemented, the NFT market remains a highly viable space for the perpetration of financial crimes.Practical implicationsThe dynamic nature of the cyberspace and fast-past underlying technology provide a greater chance to escape than crimes committed in the physical space. The state of security on NFT platforms has elicited concerns from diverse quotas. NFTs pose significant money laundering risks because of the lack of appropriate regulatory mechanisms, generating a need for enhanced oversight and enforcement of sectors of the economy in physical space vulnerable to abuse in the NFT space, including entities such as art galleries, museums, sports teams and luxury brands.Social implicationsThe Space Transition Theory is also supported in that norms and values regarding ethics and criminal actions in the physical space do not transfer to cyber space.Originality/valueThe novelty aspect of this research is in applying the Space Transition Theory to financial crime schemes based on NFTs.

Causation in French criminal law

The sine qua non theory, which dominated for a long time to determine a causation in the French criminal jurisprudence, remains working now. At the same time, the imputation to an individual of consequences caused without intention after the reform of 2000 is made dependent on whether the causation was direct or indirect. In the case of indirect causation, the criminal liability of an individual occurs only in the presence of qualified guilt, which can be either mixed mens rea (knowledge and negligence in one crime), rejected by the Russian doctrine, or a special gravity of acts at the time when they were committed. For Russian jurisprudence, the experience of France can be useful due to the different understanding of causality in the commission of an intentional crime and crimes with other forms of mens rea, and also in the context that the sine qua non theory is insufficient to determine the imputable causation. The opportunity implemented in France to regulate the issue of causation by legislative means is also of theoretical and practical interest.

Prosecutorial Activities for Prevention of Offenses in Penitentiary System Institutions

The conceptual basis of the prosecutor’s activity on the prevention of offenses in the institutions of the penal system is accounted for the specifics of offenses committed by persons held in them; features of their personality; distinctive features of the causes and conditions for committing offenses in penal institutions; opportunities for prosecutorial supervision in the area under consideration. Timely prevention of disciplinary offenses of convicts makes it possible to effectively counter penitentiary crimes, since both of them encroach on the same object. The basis for the prevention of offenses should be the provision of a strict procedure for serving deprivation of liberty or detention. Carrying out preventive work is complicated by the following factors: high latency and difficulty in proving penitentiary crimes, features of the average profile of a penitentiary criminal, which is a mature man with a stable criminal personality type. Any illegal actions (inaction) of employees of penitentiary institutions can lead to the commission of penitentiary offenses, since all the activities of these institutions are subordinated to the goals of correcting convicts and preventing the commission of new crimes. Timely detection and elimination of violations of the law committed by employees of penitentiary institutions, as well as increasing the level of legal literacy and developing the legal awareness of persons held in penitentiary institutions, constitute the prevention of their offenses, carried out by the prosecutor’s office.

Power struggles: Police and crime commissioners, chief constables, and the battle over operational policing

Abstract This paper reviews the challenges that directly-elected Police and Crime Commissioners (PCCs) face in reforming controversial police tactics that are favoured by chief constables, but generate significant concerns among the electorate. Focusing on reforms to police-initiated stops, namely ‘stop and account’ and ‘stop and search’, the results suggest PCCs tend to achieve incremental changes, at best, as they struggle to overcome resistance from their chief constables and the legal constraints of ‘operational independence’. The results have significant implications because it suggests PCCs are not as powerful as has been assumed. However, PCCs can enhance the prospects of reform and better navigate resistance by exercising their rarely used soft powers, such as commissioning national regulatory bodies to review areas of concern or appealing to their local Police and Crime Panel for support in scrutiny. The results of this study are based on interviews with PCCs and chief constables, their deputies and assistants, local campaign groups and staff from national regulatory bodies, as well as participant observations across several police forces.

Противодействие вовлечению несовершеннолетних в незаконный оборот наркотических средств, психотропных веществ и их аналогов, совершаемому с использованием информационно-телекоммуникационных технологий

The subject of this article is countering to the involvement of minors in the illicit traffic in narcotic drugs, psychotropic substances and their analogues, committed by information and telecommunication technologies. The authors investigate the state of the problem, the means of criminal legal counteraction, the main causes and conditions of the commission of the crimes under consideration. It is noted that, in general, the means of criminal legislation are adequate to the state of the problem, however, a complex of reasons has formed that contribute to the increase in the involvement of minors in illicit trafficking of narcotic drugs, psychotropic substances and their analogues, committed through the use of information and telecommunication technologies. The authors cite and characterize these reasons. It is noted that the basic determinants are problems in the socio-economic organization of society, and the main catalyst for this negative social phenomenon is the high latency of this type of crime, due to the technical component – the availability of means of operational and anonymous commission of crimes. The complex of the main counteraction measures taken is analyzed, their effectiveness, problems, prospects are determined. Separate issues of the relevant experience of foreign states are considered. Some aspects of the problem and the measures taken are illustrated by statistics and examples of law enforcement activities. The measures that, according to the authors, will contribute to the fight against this type of crime are proposed.

Forensic aspects of detection, fixation and seizure of traces arising from the commission of crimes using computer technology

Forensic aspects of detection, fixation and seizure of traces arising from the commission of crimes using computer technology

Месячная ритмика медицинских, криминолого-криминалистических, социальных, техногенных и природных эксцессов (подходы к хронопрогнозу и профилактике)

The monograph under review by N.P. Bilenko and R.G. Ardashev, is devoted to the study of the monthly rhythm of medical, forensic, social, man-made and natural excesses. The authors studied the most interesting and meaningful provisions that reflect the current and narrow issues of using chronoprophylaxis of congenital delinquency and predisposition to suicide, biorhythms of a particular person in the commission of crimes. Results. The work under review is indeed an in-depth scientific study carried out at a high theoretical level and is certainly a new meaningful page in domestic forensic science, forensic medicine and the theory of forensic examination.

Вправе ли несовершеннолетние участники уголовного судопроизводства давать показания изобличающего характера?

The problematic issue for theory and practice of the possibility of applying norms of the pre-trial agreement institute on cooperation to juvenile suspects and defendants is studied. The relevance of issue is due to the fact that the specified legal institution is successfully used in the practice of combating group crime, and for juveniles it is the group way of committing crimes that is typical. The legal position of the Plenum of Supreme Court on the issue under study is analyzed, its shortcomings are noted. The refusal to conclude a cooperation agreement with a juvenile in order to exclude a threat to the personal safety of a teenager from the exposed persons is subjected to critical analysis. In our opinion, in order to achieve this goal, another measure would be necessary – a ban on juvenile defendants to expose other persons of involvement in the commission of crimes. Taking into account the fact that the law obliges juveniles who have the procedural status of a victim or witness to give truthful testimony of a revealing nature, it is concluded that the right to give similar testimony to a minor suspect, accused should not be denied. The conclusion of a preliminary cooperation agreement in the interests of the accused himself and the whole society.

Kontrola osuđenih lica nakon izdržane kazne zatvora

Convicts who have committed crimes, which the Act on Special Measures for Preventing the Commission of Sex Crimes against Minors applies to, are subject to special measures after serving their prison sentence. The special measures are applied by force of law and must be enforced for at least two and at longest for twenty years after the prison sentence has been served. The author focuses on these special measures.