Crime Cases Research Articles

LEGALITAS PERUBAHAN TUNTUTAN PADA JAWABAN PENUNTUT UMUM ATAS PLEDOOI TERDAKWA DARI PERSPEKTIF HUKUM ACARA PIDANA.

In making the prosecution letter, apart from being based on evidence to assess the trial facts which support the criminal act committed by the Defendant, the Public Prosecutor also refers to the prosecution guidelines. Even though the prosecution guidelines have been determined both in the Criminal Procedure Code and in the Attorney General's Guidelines Number 24 of 2021 concerning Handling of General Crime Cases, there is no discussion regarding the mechanism for changing the charges either immediately after reading the charges or after the Defendant or his Legal Counsel read the defense (pleidooi). The legal theory used is the Theory of Legal Certainty and the Theory of Prosecution Authority. The research method used in this research is a normative juridical approach which is supported by empirical juridical with detailed descriptions, namely a research that begins deductively with an analysis of the articles in statutory regulations related to the Legality of Changes to Claims in the Public Prosecutor's Answer to the Defendant's Pledooi from a Legal Perspective Criminal Procedure. Apart from that, premier data is also used as supporting legal material for secondary data. The legal material analysis technique used is a normative juridical method which aims to provide a prescriptive study with interpretive analysis. The research results show that legal capacity in Law no. 8 of 1980 concerning the Criminal Procedure Code which is implemented in the form of the Principle of Legality in formal criminal law (nullum iudicium sine lege) has been distorted due to changes in the substance of the demands by the Public Prosecutor in the Karawang District Court criminal case Number 256/Pid.Sus/ 2021/PN Kwg, which previously charged the defendant with imprisonment, now demands acquittal. The prosecution is not in line with the provisions of Article 3 of the Criminal Procedure Code which states that trials are carried out in the manner regulated in this law. The authority of the Prosecutor in the event that the Public Prosecutor changes the substance of the charges in the Karawang District Court criminal case Number 256/Pid.Sus/2021/PN Kwg, which previously charged the defendant with imprisonment to demand acquittal has not been accommodated by the Criminal Procedure Code. This is caused by the logical consequences of the provisions of Article 139 of the Criminal Procedure Code. In this provision, the Criminal Procedure Code has from the start given the authority to the Public Prosecutor to determine whether the case file meets the requirements to be able to be transferred to the Court or not. The Public Prosecutor is obliged to hand over the case to the Court with a request to immediately try the case. This is in line with the principle of actori incumbit onus probandi which is known in criminal evidence law.Top of Form

The disputed territories of information: The case of alleged war crimes during the Kosovo War

This article analyses participants’ sense-making and demonstrates procedural consequentially and relevance, and makes the data on which observations are based available to readers. By looking at a TV interview, in Albanian, of Hashim Thaçi, the former PM of Kosovo, given to respond to allegations against him regarding involvement in war crimes, the focus will be not only on what it is said but also on the epistemic positions occupied by the participants, with a particular interest in knowledge as a norm-governed domain and in the practices of language usage. We will highlight strategies like repetition, repair, code selection and code switching that are used by participants as a means to claim and govern knowledge. Such knowledge can become the basis of contestation and one speaker may seek to impose their knowledge of some facts or events over another’s and thereby establish a territory of knowledge in a series of moves, not entirely unlike the way that physical territory may be defended or attacked; held or occupied.

Особенности участия отдельных видов военных организаций в качестве органов дознания в уголовном судопроизводстве

The decision taken by the leadership of the Russian Federation to conduct a special military operation on the territory of Ukraine to denazify it, in addition to the expected negative reaction from the authorities of unfriendly countries, predetermined the growth of war crimes within our state. For this reason, recently there has been a rapid increase in criminal cases for war crimes. The purpose of criminal proceedings is to consider criminal cases of war crimes on the merits, ensure justice, restore violated legal rights and interests, punish criminals and acquit the innocent. A large number of participants are involved in this process. Military organizations are important actors in criminal proceedings related to the consideration of criminal cases of war crimes. In this study, the author would like to address the issue of the specifics of the participation of military organizations in the criminal proceedings of the Russian Federation. The article reveals the features of the participation of mili-tary organizations in criminal proceedings as bodies of inquiry, identifies existing problems in this area, and formulates recommendations.

Phenomenom Cyber Crime in Indonesia in the Digitalization Era

Science and technology are increasingly developing rapidly and advancing, offering various interactions in human life. Information and communication technology continues to develop in the digital era, especially the internet, which has a big influence on people's life patterns. The development of the internet has triggered the emergence of a type of cyber crime which is usually known as Cyber Crime. Various cases of cyber crime (Cyber Crime) have emerged in Indonesia, especially in the banking sector. In the following years until now, in Indonesia there have been many incidents of Cyber Crime, for example computer program piracy, cracking, bank burglary (banking fraud), unauthorized use of other parties' credit cards (carding), pornography, including crimes against domain names (domain names). Cyber Crime could happen because unlimited internet access. Apart from that, computer user negligence is also often the cause of this Cyber Crime. This is something that is often overlooked, namely a weak network security system. In fact, a weak network security system creates a big loophole for people who intend to commit crimes. Currently, what is used as the legal basis for Cyber ??Crime cases in Indonesia isLaw Number 11 of 2008 concerning Information and Electronic Transactions (ITE). The ITE Law consists of 13 chapters and 54 articles which explain in detail the rules for living in cyberspace and the transactions that occur therein. Prohibited acts (cybercrime) are explained in Chapter VII (Articles 27-37)

Legal Reconstruction in Determining a Justice Collaborator in Corruption Crime Cases in Indonesia

This research aims to analyze the regulations regarding policies for determining witnesses and reconstructing policies for determining justice collaborators in corruption cases. The type of research used is normative, using an approach to laws and other regulations. The nature of the research is descriptive, using secondary data. Research analysis was carried out qualitatively using a deductive method of conclusion. This research concludes that, in practice, various regulations regulate the policy of determining cooperating witnesses or justice collaborators in criminal acts of corruption. This regulation began with laws and then developed into Circulars and Joint Regulations from law enforcement agencies. Due to differences in rules, the policy for setting new standards had to be changed. This standard must legally bind recognition or recognition and the same understanding or perception regarding the status of cooperating perpetrator witnesses or justice collaborators from the examination stage at the investigation level to the examination stage at the court level, even to the examination stage at the court level.

Pemodelan Data Panel dengan Pendekatan Least Square Dummy Variable terhadap Faktor-Faktor yang Memengaruhi Kasus Kriminalitas di Sulawesi Selatan

Crime is one of the challenges that often arises in the community environment. In the years 2020-2022, South Sulawesi ranked fourth with the highest reported crime cases in Indonesia. To avoid an increase in the crime rate, an understanding of the factors impacting these cases is necessary. This research aims to determine the fixed effect model with the Least Square Dummy Variable approach to examine the percentage of the poor population, income inequality, population density, and the total population's influence on crime cases in South Sulawesi during the years 2020-2022. The most suitable model is the Least Square Dummy Variable using an individual effect with an analysis result of of 99.9%. The variables of the percentage of the poor population, population density, and the total population are proven to significantly influence crime cases in South Sulawesi.

MARINE SECURITY MODEL IN THE EFFORTS TO PREVENT CRIMINAL ACTS IN ACEH

Geographically, Indonesia occupies a strategically significant position at the crossroads of two oceans and two continents, so that Indonesia's maritime territory becomes a a crucial maritime route for global trade and national and international shipping traffic. However, it is also an area that is very vulnerable to maritime crimes, especially in the Aceh region. In terms of maritime security in Indonesia, many agencies have duties in the security sector, where each agency has its own legal basis for carrying out its duties, functions, and authority. The objective of this research is to elucidate the maritime security model of Aceh to prevent criminal acts at sea. This research was carried out using the method of normative juridical approaches and empirical juridical approaches. Research data consists of primary data and secondary data. The results of the research found that currently Aceh is included in the state border area with other countries directly from the sea route which should become special concern to the Central Government for several reasons, namely; based on data from the last 6 (six) years (2018-2023), 7 (seven) maritime crime cases have been recorded, these cases occurred in the legal jurisdiction of Lhokseumawe City, 11 (eleven) criminal cases in the waters of East Aceh included criminal acts of narcotics smuggling, goods smuggling and human trafficking; and In Sabang, there are 7 (seven) cases including fisheries crimes, shipping crimes and immigration crimes. Therefore, the author offers a maritime security model to prevent criminal acts in the Sea of Aceh, namely the Triangle security system, it is the maritime security triangle involving the Police, especially Polairud as a fundamental institution, then assisted by other law enforcement officers such as TNI AL, Bakamla, BNN, Customs and Excise Department and Immigration as an added institution, as well as the role of society is really needed. It is recommended that the government, both central/regional, pay more attention to the conditions of areas directly bordering sea routes so that regencies or cities can understand state border management strategies and regional governments also prepare plans and budgets for cities or regencies to be able to manage their territories independently.Keywords: Policy, Border Areas, Criminal act at sea.

Truth clashes: caste atrocities, false cases, and the limits of hate crime law in North India

AbstractThis article brings together theories of truth in legal anthropology and the anthropology of religion to highlight how legal institutions can co‐opt hate crime laws and reproduce patterns of sociopolitical oppression. Drawing on extensive ethnographic research on the social life of India's only hate crime law – the 1989 Prevention of Atrocities Act (PoA), which punishes violence against Dalit (ex‐untouchable) communities – the article argues that hate crime cases involve a clash between three different truth logics: attributive truth or credibility; formal juridical truth regimes defined by evidentiary technicalities; and a distinct mode of experiential‐discriminatory truth, which is defined by its processual character. As Indian police and judiciary conflate these truth logics in practice, they publicly and legally erase realities of caste discrimination and (re)construct marginalized communities like Dalits as greedy and unreliable narrators.

ON THE INCOMPATIBILITY OF SELF-SUFFICIENT ADVERSARIALISM WITH OBJECTIVE TRUTH IN THE ADVERSARIAL CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION

Purpose of the study. For the author, the purpose of the study is to recognize materialist dialectics, as an objective law, as a truly scientific methodology, since dialectics is global, universal - it inevitably manifests itself in the world, nature and in human thinking; its rules and logic must be taken into account in criminal proceedings. Dialectics is inextricably linked with objective truth. The objective-true model of the criminal process corresponds to the scientific requirements of dialectics, in contrast to the current adversarial criminal process in Russia with its self-sufficient adversarialism, excluding objectivity and truth - a process that does not take into account the scientific requirements of dialectics about the inadmissibility of erasing differences between opposites, such as truth and error, goal and means, form and content, probability and reliability, presumption of innocence and presumption of guilt, inevitability of responsibility and impunity. Hence, it is impossible to erase the differences between formal legal and objective truths, between adversarial and objective-true models of criminal proceedings. At the same time, the objective-true model of the criminal process is a higher type of process than the adversarial criminal process with its “right of the powerful”. The purpose of the study also includes solving in the well-known legal dictum that “no case of crime should go unsolved”, the requirement for reliable, objective-true solving of each crime (counteracting the crime) and the requirement for the inevitability of punishment for the crime, which has an important preventive, proactive meaning for crime. Conclusions. As a result of the research, the author comes to the following conclusions: materialist dialectics is the science of the general laws of motion of both the objective world and human thinking; its rule about the inadmissibility of erasing the distinction between opposites should also be applied in criminal proceedings. The objective-true model of criminal proceedings, in contrast to the current adversarial Code of Criminal Procedure of the Russian Federation, meets the scientific requirements of materialist dialectics and represents a higher type of criminal process. The legislator in the adversarial Code of Criminal Procedure of the Russian Federation, contrary to the requirements of dialectics, erases the distinction between form and content, goal and means, turning adversarialism (that is, a means) into an end in itself of the process, which excludes objective truth. An attempt to combine formal legal truth with objective truth in the adversarial Code of Criminal Procedure of the Russian Federation seems to be an unscientific approach, since it is necessary to observe a rigid alternative: either formal truth (legal, procedural, judicial, “the truth of the winner of the argument of the parties”), or objective truth. A third is not given. The well-known legal provision that “no case of crime should go unsolved” contains not only the requirement for the need to reliably disclose every crime (counteracting the crime), but also has an important preventive, proactive meaning, leading to a reduction in crime. The modern adversarial Code of Criminal Procedure of the Russian Federation does not provide for such a requirement for the inevitability of responsibility of the perpetrators.

PERLINDUNGAN HUKUM TERHADAP PEREMPUAN DAN ANAK-ANAK YANG MENJADI KORBAN TINDAK PIDANA KEKERASAN SEKSUAL (Studi Terhadap UU No. 12 Tahun 2022 Tentang Tindak Pidana Kekerasan Seksual)

The passing of Law No. 12 of 2022 on the Crime of Sexual Violence on May 9, 2022, became an umbrella of positive legal protection against sexual violence experienced by women and children as the majority of victims of sexual violence. The Ministry of Women's Protection and Child Protection noted that as many as 25,050 women were victims of sexual violence in 2022. The birth of Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence is a perfection of previous laws and regulations with the same substance so as to protect and guarantee the rights of victims of sexual violence. This study aims to determine the effectiveness of the implementation of Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence in tackling cases of sexual violence crimes, especially against women and children. The method used in this research is normative-empirical law by including secondary data from literature studies and primary data obtained directly from the general public through questionnaires. The conclusion obtained is that Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence has not been implemented effectively because there are still many cases that experience obstacles to justice. Keywords: Children, Crime, Sexual Violence, Women

Video Surveillance System Usage in Preventing Crime: Preliminary findings from Malaysia

Video Surveillance System Usage in Preventing Crime: Preliminary findings from Malaysia

Investigating and prosecuting white-collar and corporate crime: Challenges and barriers for national police agencies

Many countries have established national authorities to investigate and prosecute serious and complex white-collar and corporate crime incidents. This article reviews research literature regarding external challenges and barriers for national agencies in Norway (Økokrim), New Zealand (SFO), the United Kingdom (SFO), and the Netherlands (OSF). The policing study in this article is important as it illustrates dilemmas that governments need to address when reviewing their national fraud offices and economic crime authorities. While Økokrim in Norway seems reluctant to prosecute too complex economic crime cases, the SFO in New Zealand attempts prevention of deinstitutionalization, the SFO in the UK might have deterrence effects, while the OSF in the Netherlands is challenged by the private industry of corporate investigators. These are some of the challenges and barriers facing national authorities that are charged with the tasks of investigating and prosecuting white-collar and corporate crime at the national level. The identified challenges and barriers especially related to the convenience theory perspective should enable future research to identify relevant actions.

Impression management following investigation and prosecution scandal in Norwegian police: a review of press releases

ABSTRACT This article presents research regarding impression management following a white-collar investigation and prosecution scandal by the National Authority for Investigation and Prosecution of Economic and Environmental Crime in Norway. The authority issued 39 press releases in one year, which communicate focus on less serious crime cases combined with deterrence by taking on cases without ever bringing them to court. Deterrence strategy by investigations implies that the authority passes penalties on suspects who never have a chance to defend themselves in court. The penalty is suffering from negative public attention, lack of job opportunities, and time spent in detention and interrogation as an accused where they have to explain themselves. The authority then behaves like a court where they punish people. However, that is a role assigned to judges and not to investigators or prosecutors. The authority argues that it is difficult to obtain the necessary information without a thorough investigation. While this is certainly true, a policing principle seems forgotten that an investigation should only be launched when it is somehow obvious that crime has indeed occurred.

An Archaeology of the Pomeranian Crime of 1939: The Case of Mass Crimes in the Szpęgawski Forest (Poland)

This article presents the general historical context of the mass shootings in the fall of 1939 in the pre-war Gdańsk Pomerania, Poland, and introduces the very term “Pomeranian Crime of 1939.” The executions in the Szpęgawski Forest, where between 2,413 and 7,000 people lost their lives, illustrate of the process itself. The results of archaeological research carried out at the site of the mass killings in the Szpęgawski Forest in 2023 is used as a case study. Archaeological research is shedding new light on the crime and its cover-up through analyses of the material evidence.

A Study of the Criminal Victimization of Policewomen by Other Police Officers

Abstract Our research focuses on the criminal victimization of policewomen by other police officers. The data derive from a larger nationwide study on police crime, or cases in which police officers have been arrested for the perpetration of one or more criminal offenses. The current study identifies cases involving policewomen who are victims of police-perpetrated sexual harassment, official misconduct, stalking, indecent exposure, simple and aggravated assault, and rape. The specific goals of the research are three-fold: (1) explore the nature and character of police crimes perpetrated against policewomen, (2) describe cases of police crime perpetrated against policewomen that specifically involve some form of sexual violence, and (3) compare cases of police crime perpetrated against male and female police victims. Findings demonstrate the differential criminal victimization of policewoman, particularly in terms of cases involving police sexual violence (PSV) and officer-involved domestic violence (OIDV).

Zločini nad osobljem mirovnih misija tokom njihovog razvoja

The paper analyses the crimes against the personnel of the peacekeeping missions, which occur for numerous reasons related to the complexity of such missions. These reasons are mainly related to complicated political and normative space of the modern international society. The author refers to the Agenda for Peace of Secretary General Boutros-Ghali which first pointed out the need for providing protection for the personnel of the peacekeeping missions, as well to the Convention on the Safety of United Nations and Related Personnel which regulates protection of the personnel, analysed in the context of crimes against personnel of peacekeeping missions. Paper also refers to some of the key UN documents adopted after 2017, which was the record year in 21st century when it comes to peacekeeper fatalities. The cases of crimes against personnel that the paper analyses are related to peacekeeping missions in Somalia, Rwanda, and Bosnia and Herzegovina as those cases are most often representative examples of the occurrence of crimes against peacekeepers, and closely connected to its development in the international arena. Finally, the paper refers to some of the most dangerous peacekeeping operations in modern international community.

A New Model of Integrated Forensic Database in India- Road to Future

th There have been tremendous technological developments in the 20 century which has been called the age of science. Forensic science in th st India also developed in the 20 century and intensified in the 21 century. For timely solving crime cases through proper scientific investigations, a lot of facilities were created in India. But due to the increasing number of crime cases, efforts are being made, but still, it is not enough. There is a further need for improving Forensic Science in India. In countries like the Philippines and Switzerland, an integrated database of these systems has been formulated and implemented to deal with sexual offense cases and sample evidence like DNA and its dealings. This article highlights and discusses the integration of intelligence units of Police, Forensic Experts, and Forensic Medicine Doctors sharing a common database which is linked first in the state and then nationwide, an integrated DNA model which is needed to increase the success rate in sexual assault cases, problems, a roadmap for better future of forensics in India. A feasible model, keeping in mind the Indian scenario and administrative context, has been depicted in detail.

Laboratory examinations in forensic medical expertises on crimes against sexual integrity and sexual freedom

The article presents the results of analysis of 482 forensic biological and forensic cytological expertises on cases of sexual crimes. A presence of different types of such crimes has been noted. Expertises' effectiveness when examining content of vagina, oral cavity and rectum, impression smears and lavages from suspects' genital organs, subungual content of victims and suspects and other objects has been determined. The dependence of expertises' effectiveness on the terms of object removal has been noted. The article presents a number of objects' examination methods (luminescent-microscopic spermatozoids' identification, diagnosis of cells origin from mucous membranes of the vagina and oral cavity, determination of group belonging of specific cells in specimens, diagnosis of fecal masses presence) allowing to improve expertises' quality.

Bodies of Evidence: Judges and Surgeons at the Crime Scene in Early Modern France

Early modern judicial procedure privileged the reading of bodily signs at every stage of investigation. In cases of violent crime, careful reading of the victim's body was essential to reconstituting the events of a crime and determining its gravity and appropriate punishment. Drawing on judicial and surgical treatises, this essay examines the important contributions of medical professionals to the adjudication of cases of violent crime in seventeenth-century France. It reveals how surgeons, with their hands-on, sensory approach to medical practice and expertise in wounds, became particularly effective partners for judges in deciphering corporeal clues, performing visual judgment that had direct bearing on the determination of guilt or innocence. As their role as court examiners became formalized, surgeons built their professional authority in the domain of forensic medicine, codifying and publicizing their sensory methods through the creation of a new medical genre: manuals for surgeons reporting for the courts.

Уголовно-правовая охрана водных объектов: национальный, зарубежный и международный опыт

Current issues related to the legal protection of water bodies, ensuring their increasing value in modern conditions, are revealed. The issues of legal protection under consideration are relevant both at the international and domestic levels. The purpose of the study is to consider the negative impact of the weakening of the administrative regime in the field of environmental protection, which affects the application of measures of criminal law and procedural coercion against those responsible for causing significant harm to natural resources. Administrative law is closely related to criminal law; therefore, in practice, administrative penalties prevent damage to the objects of encroachment (public relations in the field of rational use of natural resources), which can develop into a socially dangerous consequence of the crime. General scientific and specifically legal methods are used as research methods. The main attention is paid to the method of analysis. It is established that the creation of a unified basic methodology that would help investigative and inquiry authorities increase the percentage of detection of criminal and administrative cases of environmental crimes is currently not possible. The intersectoral nature and blanket nature of the norms significantly distinguish such acts from each other. The lack of professional training of investigators and interrogators, the lack of knowledge and special literature on the investigation of environmental crimes, of course, cannot have a positive effect on curbing crime in this area.