Commission Of Crime Research Articles

Civil Society and the IIMM in the Investigation and Prosecution of the Crimes Committed Against the Rohingya

This article assesses the role of civil society and the Independent Investigative Mechanism for Myanmar (IIMM) in individual accountability proceedings by foreign domestic courts for the crimes committed against the Rohingya in light of the obstacles faced by Myanmar courts, the International Criminal Court (ICC) and the United Nations Security Council (UNSC). Due to the inability of third States to investigate the crimes committed within Myanmar, they depend (almost) exclusively on civil society organisations’ (CSO) documentation to assert their jurisdiction. The article argues that two factors necessitated the creation of the IIMM as a legal bridge between documentation and States’ investigatory and prosecutorial duties: the concerns about the reliability of CSOs’ documentation and the impediments in its direct admissibility in criminal trials. The combined initiatives of civil society and the Mechanism constitute an essential component of States’ duty in fulfilling their obligations to investigate and prosecute the crimes against the Rohingya. Finally, the Mechanism sets a precedence where civil society could actively participate in the promotion of the interests of justice.

PUBLIC POLICIES, PANDEMIC AND CORRUPTION: THE “VACUNAGATE” CASE IN PERU

In the period from March to October 2021, the presidency of the Republic of Peru under Martín Vizcarra Cornejo had developed a series of public policies that sought to address the Covid-19 pandemic, including a process that involved the search and acquisition of vaccines against the virus that had left the country in a situation of national calamity. Upon leaving the government, preliminary inquiries had determined that the negotiation and acquisition of vaccines involved a series of acts that could generate an alleged commission of crimes, until it was certified that the vaccine inoculation process had been carried out on characters of the direction of government and people linked to the scope of the presidency of the country. As a result of this situation, the situation in Peru is analyzed in a text developed under a qualitative hermeneutical methodology, analyzing the negative impact of the alleged crimes committed during the development of public policy that sought to address the pandemic. , as a study problem. The proposed objective is the evaluation of the constitutional and criminal responsibilities and the formulation of a reform of the State policy in Peru for the attention of emergencies in a state of exception is proposed as a hypothesis.

Regulation of Behavioral Deviations in the Youth Environment

The problem of regulation of behavioral deviations in the youth environment attracts the attention of many researchers in various branches of science. Regulation of behavioral deviations means the prevention of unfavorable living conditions of adolescents, namely the elimination of factors that can cause certain negative consequences. The article reveals and analyzes the important factors that determine the criminal behavior of adolescents. In particular, such factors are singled out: uncensored propaganda of negative behavior styles that provoke adolescents to imitate «heroes» with bloody and violent behavior; the influence of families that give their children little attention from preschool age, turn a blind eye to their bad behavior, have an irresponsible attitude to the world around them and the environment, encourage their children’s whims; inconsistency of legal reform, extremes in modern judicial practice. The results of the study of predisposition to criminal behavior of adolescents are also presented. The methods chosen for the study: “Diagnosis of the tendency to overcome social norms and rules (Yu.A. Kleiberg)”, “Methods of diagnosing the tendency to deviant behavior (A.N. Orel)”, “Diagnosis of hostility (according to the Cook-Medley scale)”, “Obozov-Shchokintest to determine the degree of determination”, “A. Bass-A. Dark diagnosis of indicators and forms of aggression”. The type of social regulation of behavioral deviations such as individual prevention of juvenile delinquency is considered in detail. Its essence is purposeful work with a particular teenager and their closest people. Social workers, social educators and modern law enforcement agencies are comprehensively called to carry out this type. Individual prevention is directed at the adolescent and their negative traits, the environment that shapes them, as well as the conditions, circumstances and situations that contribute to or facilitate the commission of crimes by minors.

О комплексном обосновании типологии несовершеннолетних преступников: криминолого-психологический аспект

The article is devoted to the problem of juvenile delinquency, which is relevant in the context of discussing interdisciplinary issues of its prevention based on the analysis of the characteristics of the state of crime in the Russian Federation from 2018 to 2020. The article presents the content of psychological and legal categories that characterize the personality of a minor criminal and the mechanisms of the formation of criminal behavior. Special attention is paid to the description of the factors and conditions that contribute to the commission of crimes by minors, including repeated ones. On the example of specific classifications and typologies, the state of knowledge of the problem of studying the personality of a minor offender and a convicted person, as well as their psychological characteristics, is analyzed. The article describes the contribution of individual domestic and foreign scientists who proposed variants of classifications and typologies of juvenile delinquents.
 The study found that a significant number of classifications and typologies of juvenile offenders often take as the basis of its system of one or more characteristics, research which largely depends on the scientific interests of the authors.
 Based on the generalized scientific and empirical data on the psychological, criminological, socio-demographic characteristics of minors who have committed crimes, an attempt is made to typologize the designated group. As a result of the conducted research, priority areas of psychological and pedagogical work with minors in order to prevent crime were identified.

Historical and criminological analysis of some background phenomena of criminality in Russia

The article provides a historical and criminological analysis of the most common types of background criminaly in Russia. Since the time of Ancient Rus, the processes associated with the emergence in society of such forms of deviant behavior as alcoholism, drunkenness and drug addiction, as well as counteraction to these processes, including with the use of legal prohibitions are considered. It has been determined that these phenomena are recurring types of behavior that create a destructive environment, which often acts as a background for the commission of many, both premeditated and careless crimes (negligent crimes), and the very state of intoxication resulting from the use of various substances listed in the criminal law may be a circumstance, aggravating punishment. The negative influence of such phenomena on the development of society and criminality has been studied, the types of determination between the considered background phenomena and criminality have been determined. According to the authors, the determination between the phenomena under consideration is evident either in the conditioning or in the correlation. The need for specifi c approaches to the prevention of drug addiction and alcoholism (drunkenness) is indicated, since the stability of historical stereotypes of behavior with destructive signs is diffi cult to respond to typical infl uences and requires an integrated sociological and psychological approach.

Постнюрнберзький розвиток концепції міжнародного злочину

У статті аналізується еволюція концепції міжнародного злочину в постнюрнберзький період, зокрема тенденції та фактори, що вплинули на її розвиток. Показана трансформація поняття міжнародного злочину в його еволюції й названі його основні модифікації: «нюрнберзька», «постнюрнберзька», «гаазька» та «римська». Досліджені фактори, що вплинули на концепцію міжнародного злочину в постнюрнберзький період.
 Автор виявляє основні тенденції розвитку міжнародного кримінального права, що сформували концепцію міжнародного злочину у постнюрнберзький період, основним напрямом яких була розробка норм і механізму кримінальної відповідальності за воєнні злочини та злочини проти людяності в повоєнний період.

Police Operational Activities and Crime Commission in a City in the Philippines

Police organizations have conducted operational activities to reduce the opportunity for would-be criminals to commit crimes. This operational activity includes patrol, traffic management, and investigation. In this study, the extent of police operational activities in Pagadian City, Zamboanga del Sur, Philippines, was evaluated to determine the extent of police operational activities and to test the association between the crime rate and the extent of police operation activities. This study utilized a quantitative descriptive research method. The respondents were 142 active police officers who were chosen purposively by employing total enumeration. The gathering of data was done using a self-made questionnaire, which underwent validation and reliability testing. The statistical tools used were frequency count, mean computation, percentage, and regression analysis. The results revealed that more respondents were 31- 35 years old and above. Most of them were male, bachelor’s degree holders, attended training and seminars for 50 hours, and served the police force for 15 years and below. Patrolling and investigation were found to be much observable while traffic management was observable. As for index crime, there were more crimes against the person committed than crimes against property. As for non-index crimes, there were more other non-index crimes compared to the violation of special laws. Patrolling has a positive influence on the commission and non-commission of both index and non-index crimes. This study also recommends intensive patrolling on hot-spot areas for criminal presence and activity, strengthening traffic management practices, procurement of traffic lights, improving traffic signs, and intensive implementation of traffic laws and regulations.

Forensic Accounting Investigation of Public Sector Corruption in Nigeria: The Gioia Methodology

Despite the increased initiatives to combat corruption, the issue of corruption in the public sector in Nigeria persists. Past studies have found that one of the flaws is due to the ineffective investigation method. Given the seriousness of the issue, this study explores how forensic accounting investigation conducted by the authorities could assist the government in its initiatives to combat corruption in Nigeria. This study aimed at developing a model for improving the investigation of public sector corruption in Nigeria using forensic accounting techniques. Forensic accounting is a technique for detecting and investigating fraudulent practices in organizations and preparing evidence for expert witnessing at the court of law. In doing so, the Gioia Methodology was used to explore the understanding of the process of how forensic accounting is used to investigate corruption cases. We conducted a total of 24 face-to-face interviews with experts from the two leading anti-corruption agencies in Nigeria, the Economic and Financial Crimes Commission of Nigeria (EFCC), the Independent Corrupt Practices Commission (ICPC). We conducted in-depth interviews with purposively selected participants to gain an insightful data structure. The data structure led to the emergence of a dynamic model depicting the relationship among themes and the aggregate dimensions. The study revealed four aggregate dimensions, commitment of national values, judicial reform, a preventive mechanism and financial commitment. The study recommends future studies to be conducted using quantitative research to test the model developed.

The African Allegations towards Ignorance of International Criminal Court: Does International Criminal Court unfairly focusing on Africa?

Though, African continent has the highest number of state parties to the Rome Statute, recently several criticisms and allegations have been leveled against ICC interventions in Africa. AU and African higher official apparently call for non-cooperation of ICC. They believed that, ICC is unfairly targeting Africa and Africans, and it is a neo-colonial plaything and that Africa has been a place to experiment with their ideas. Such allegation begs question that is really the ICC unfairly focusing Africa and Africans? Therefore, it needs evaluating these accusations by considering the whole process and function of ICC. Accordingly, when we evaluate the allegations, it seems too far from trues. Because, on one hand, many of allegation and criticism itself is not representative of African peoples rather it is the allegation of some African political leaders of authoritarian nature of power those who fears the prosecution for the commission of mass crime and atrocities in their respective countries. On other hand the composition of the court by itself is Africans. It is a global court with historically strong African support. It would not be the court it is today without the valuable input, involvement and support of the majority of African states. The court seeks justice for victims of grave crimes, including African victims; it needs the ongoing support of African government, civil society and public in order to achieve justice. It was intended to be a credible, independent judicial body, able to adjudicate the most serious of international crimes fairly and impartially, where National judicial systems have failed and fight against impunity all over the world.

IMPORTANCE OF THE BEMBA CASE FOR THE INSTITUTE OF PERSONAL RESPONSIBILITY OF COMMANDERS AND OTHER SUPERIORS FOR THE COMMITMENT OF CRIMES AGAINST INTERNATIONAL LAW BY THEIR SUBORDINATES

This article is devoted to the analysis of the Jean-Pierre Bemba Gombo case of the International Criminal Court. He was a Congolese politician, as well as the founder and the head of non-governmental armed group, named “Movement for the Liberation of Congo”, which members committed number of crimes during armed conflict in Central African Republic. The importance of this case lies in the fact, that it was the first case of the International Criminal Court, where the accused was charged with crimes, committed by his subordinates, and not by the accused himself. This article reveals the main contradictions between the judgments of the Trial Chamber, which found Bemba guilty, and the Appeals Chamber, which acquitted him. The legal basics of the institute of personal responsibility of commanders and other superiors in international criminal law, which were formed in the decision of the Appeals Chamber in the Bemba case, are highlighted therein. The author addresses and analyzes the grounds for recognizing commanders and other superiors guilty for committing crimes by their subordinates. It was discovered, that Article 28 of the Rome Statute requires the commanders to take only necessary or reasonable measures to prevent or punish the crimes, committed by their subordinates, not all possible measures at the relevant time. The Trial Chamber should specify what exactly the accused had to do to prevent or punish the crimes, as well as inform the accused of it prior to the hearing. It is also necessary to take into account objective circumstances, that could prevent the commander from adequately responding to the commission of crimes by his subordinates, especially if they operated in the territory of another state. The commander's ability to take the necessary or reasonable measures to prevent or punish the crimes, committed by his subordinates, should be analyzed in relation to each individual crime he is charged with, and not in relation to all the actions of subordinates as a whole. At last, the Appeals Chamber provided an exhaustive list of criteria for determining whether the measures, taken by the commander, were sufficient.

Влияние социальной среды на формирование преступности несовершеннолетних

The article examines the influence of the social environment on the formation of juvenile delinquency, as well as the ways, methods and methods used to prevent juvenile delinquency. The analysis of the social conditions of juvenile delinquency is carried out. The article examines the social factors influencing the commission of crimes by minors, as a kind of criminological factors. The author’s research demonstrates that despite the quantitative decrease in juvenile delinquency, the latency of this group is still at a high level, which makes it necessary to minimize the criminalization of the younger generation. Based on the research materials, the main personal and victimological factors have been identified. In addition, the author considered the issue of the influence of the Internet on juvenile delinquency.

ПОНЯТИЕ И СУТЬ МЕЖДУНАРОДНОГО СОТРУДНИЧЕСТВА В БОРЬБЕ С ПРЕСТУПНОСТЬЮ

This scientific article provides a systematic analysis of the international legal foundations of cooperation in the fight against crime. In the article, the author tried to highlight the theoretical aspects of the issue of international cooperation of law enforcement agencies in the system of combating crime. It also analyzes the content and essence of the concepts of “international criminal group” and “international criminal community”, which are considered relevant today. The author’s comparative analysis on international conventions, declarations and legislation of foreign countries reflected the specifics of this article. Moreover, the relevance of the research topic is because the commission of such crimes is characterized by the use of modern technical means and high-tech facilities of air and land transport, a high transcontinental level of organization and real support of many, including illegal, financial sources. The predicted result of such activities was a significant increase in the number of serious crimes of a transnational nature. The lack of proper legal cooperation between states leads to the emergence and spread of dangerous practices when criminals, committing a crime in one state, illegally cross the borders of another in order to avoid the administration of justice and prosecution. The problem of disclosing, investigating and preventing such crimes within the framework of international cooperation in criminal matters is the most urgent today.

Effect of protected areas on forest crimes in Brazil

Forest crimes are a sparsely researched topic. There is ample evidence that protected areas play a role in lessening deforestation in the developing world, but their relationship to forest crimes is unknown. We examine the coastal municipalities of São Paulo State, Brazil to identify what role protected areas play in the incidence of forest crimes, using a series of regression models. Our findings provide support for a positive and significant relationship between protected areas and forest crime, likely due to increased opportunities for the commission of crimes, enhanced environmental monitoring and enforcement, and the reduction of legally exploitable forest areas. In addition, education levels were significant in contributing to increased forest crimes. The implications of our results are discussed in the context of public policy as well as forest crime prevention initiatives. While protected areas appear to contribute to a higher incidence of forest crimes in coastal São Paulo State.

Avrupa İnsan Hakları Mahkemesi Kararlarında Organize Suçla Mücadelede Özel Koruma Tedbirleri (Special Protection Measures in the Fight Against Organized Crime in the Decisions of the European Court of Human Rights)

Turkish Abstract: Toplumlarin gelismesi ve toplumsal iliskilerin karmasiklasmasiyla birlikte insanlik tarihi boyunca varolan suc kavrami da gittikce degismis ve cesitli boyutlar kazanmistir. Kapitalist ekonominin karmasik ticari iliskiler ve organizasyon ilkeleri isiginda, gunumuz sucluluk kavrami ve suc isleme metodlari da buna paralel olarak degismis ve sonuc olarak “organize suc” ortaya cikmistir. English Abstract:: With the development of societies and the complexity of social relations, the concept of crime that has existed throughout human history has gradually changed and gained various dimensions. In the light of the complex commercial relations and organizational principles of the capitalist economy, today's concept of criminality and crime commitment methods have also changed in parallel and as a result, “organized crime” has emerged.

Проблемы совершенствования законодательства в области регулирования мер гражданско-правовой ответственности и санкций за причинение вреда и убытков нарушениями внедоговорных (деликтных) гражданско-правовых обязательств

The article notes that without legislatively established harsh measures to counter the commission of non-contractual civil law offenses — tort, the fundamental principle of maintaining a stable civil law order and lawful civil turnover cannot be implemented, it is proposed to prevent the commission of noncontractual civil law crimes (tort) ) to make amendments, amendments and additions to certain legislative acts aimed at establishing additional civil sanctions and the actual and legal consequences arising from their application.

Identifying the Institutional Micro-Foundations of Gender Policy Change: A Case Study of Police Governance and Violence against Women and Girls

AbstractA case study of reform in police governance provides an opportunity to examine how the micro-foundations of institutional change impact gender policy. The literature has established an association between institutional transformation and opportunities for gender policy change. It is clear that new actors and new rules are significant, but less is known about their interaction. Elinor Ostrom's concept of “rules-in-use” captures rules and their enactment in combination. Interviews with a new cadre of directly elected police and crime commissioners in England revealed the ways in which they worked with new institutional rules to prioritize violence against women and girls. Seven sets of rules are identified, arranged along a formal-informal continuum. Most were not specifically “about gender” but, when enacted by motivated, knowledgeable and reflexive actors, they facilitated gender policy change. A focus on micro-foundations enables the identification of institutional building blocks for gender policy change, highlighting the co-constitutive relationship between actors and rules.

Criminal Responsibility of States In International Law: Rethinking Or Permanent Abandonment of the Concept?

The responsibility of states and international organizations is an essential issue of contemporary international law. All other debates in this branch of law seem to follow up on this issue. In fact, whenever a state violates its international obligation, the question of the responsibility of such a state arises. However, in addition to being essential, this issue is also an extremely politically sensitive area, as only some states, guided mainly by demand for respect for their territorial sovereignty and the principle of equality of all states, are willing to accept all the consequences of such behavior in international relations with other subjects of international law, while those that consider themselves more equal than others (primus inter pares), particularly the great world powers, will be largely reluctant to accept legal responsibility for their illegal acts, and especially for the commission of international crimes in the narrow sense, which includes the crime of genocide, crimes against humanity, war crimes, and the crime of aggression. With international organizations, the problems in this regard are perhaps even greater.In this paper we examine the meaning of further survival of the concept of criminal responsibility of states and international organizations, wanting to examine the concept and definition of criminal responsibility of transnational corporations at the international level, while in the second part of the article we try to shed a light on political-legal responsibility. In addition to the fact that this concept is probably unsustainable under international law, it seems that the approach to advocating for the criminal responsibility of the state, as well as international organizations, is unnecessary. Therefore, we should work on building and thoroughly elaborating the concept of international responsibility of the state and the international organization in the conditions of international crimes stricto sensu, in other words, serious breaches of obligations arising from peremptory norms of general international law. In this way, without creating legally unsustainable constructions, essentially the same goal would be achieved.

Criminal minds: profiling architects of financial crimes

Purpose The purpose of this paper is to construct a profile of a financial criminal, with special emphasis on their psychological attributes. The objective is to determine if such a profile can provide a valuable tool for detecting perpetrators of financial crime and for implementing risk-reduction strategies. Design/methodology/approach The approach involved a review of various personality disorders and other mental health issues, as well as an analysis of a number of cases involving serious financial crime, to ascertain whether the behaviour of the perpetrators was consistent with certain psychological challenges. In addition, the study examined various motivators for the commission of the financial crime. Findings The research revealed some key commonalities among the perpetrators of financial crime and that their behaviour was often consistent with that of a person afflicted with a personality or other psychological disorder. Originality/value The study provides a comprehensive analysis of various personality and other psychological challenges afflicting a number of offenders involved in financial crime. It also provides some critical findings that could be valuable for those charged with establishing measures to prevent and detect financial crime.

Estructura cognitiva de las emociones sociales intervinientes en la comisión de delitos sexuales

Antecedentes: en el campo de la etiología del delito sexual se requiere profundizar en la función emocional de la cognición en consecuencia, se debe ampliar la comprensión de la conjunción entre la dimensión cognitiva y la dimensión emocional. Objetivo: se busca comprender la constitución de la estructura cognitiva de las emociones sociales intervinientes en la comisión de delitos sexuales. Específicamente, se identificaron la constitución de los sistemas de pensamiento, los significados y la intencionalidad de las emociones sociales intervinientes en la comisión de delitos sexuales. Metodología: El enfoque metodológico fue el fenomenológico y el método fue el expresivo del vocativo. Participaron veinticinco personas condenadas y no condenadas por delitos sexuales y se llevaron a cabo múltiples entrevistas a profundidad y relatos anecdóticos sexuales. Resultados: se encontraron ocho modos constitutivos denominados ‘dramas’: parental, salvador, coleccionista, narcisista, fantasma, depredador, caníbal e indefinido; al igual cinco procesos constitutivos de conformación: diacronía, polaridades conflictivas, emociones (como mecanismos de orientación e interacción), rasgos situacionales y sincrónicos, y la sexualización de la emoción. Se desarrolló la discusión alrededor de: primero, las emociones en lugares y eventos en dramas y geometrías del delito sexual; y segundo, la emocionalización del sexo y sexualización de la emoción (la configuración de los dramas y las geometrías del delito sexual). Conclusiones: la estructura cognitiva del delito sexual se constituye en la sexualización temprana de emociones como respuesta a conflictos de maltrato, abandono, apego y sobreprotección. Estos conflictos llevan al infante a buscar protección, refugiándose en la gratificación que genera la sexualidad.

Legal Regulation of Crimes Threatening Global Security

The authors consider methods of legal regulation of crimes and types of international cooperation in the fight against them. The paper also highlights international measures aimed at implementing antiterrorist cooperation and combating illegal drug trafficking. The main goal is to determine the legal mechanisms for the prevention of these socially dangerous phenomena both at the local and interstate levels. The object of the research is the social relations that develop in connection with and about the peculiarities of crimes that infringe on international security. The subject of the research is the norms of modern Russian criminal law and the norms of international law. The scientific works of the authors listed in the references represent a solid theoretical and methodological basis for this research. However, research into the features of crimes should continue, since not all problematic issues in this area have been resolved. The author examines the concept, content and general features of international crimes that infringe on international security; defines the role of the UN (United Nations) and other organizations engaged in international legal regulation in the fight against international crimes; defines the features of the interstate organizations activities to prevent terrorism and illicit trafficking in narcotic and psychotropic substances. It is concluded that terrorism and illicit drug trafficking are most widespread among international crimes. The authors draw conclusions on the need to perform preventive activities aimed at preventing the Commission of international crimes, as well as on the implementation of a direct fight against such crimes through «detection, prevention, suppression, disclosure and investigation». Summarizing the authors’ points of view on the subject of criminal liability for acts of terrorism and drug trafficking, it should be noted that restraint measures, as well as strengthening responsibility measures, should be preceded by a set of preventive measures. It should also be understood that the effectiveness of anti-terrorist and anti-drug policies in the world, including in terms of the regulation of criminal liability measures, should be supported and approved by the population. To improve the legal structures of crimes that infringe on international security in the countries of the world community, it is necessary to positively perceive the international experience of various states in regulating measures of criminal responsibility and countering the spread of these acts.