Crime Investigation Research Articles

Judicial Review of the Authority to Investigate Financial Crimes after the Constitutional Court Decision Number 59/PUU-XXI/2023: Comparison of Indonesia, Australia, Japan and Germany

Financial crime refers to all illegal actions carried out by individuals or groups with the aim of obtaining financial gain. In facing this challenge, it is important for policy makers and legal practitioners to continue to carry out in-depth reviews of the authority to investigate financial crime. This research aims to examine the authority in investigating financial crime after the Constitutional Court Decision Number 59/PUU-XXI/2023 through a comparison between Indonesia, Australia, Japan and Germany. The method used in this research uses a conceptual approach and a comparative approach with normative research types. The research results show that the authority to investigate financial crime after the Constitutional Court decision Number 59/PUU-XXI/2023 has experienced significant changes in Indonesia. In Indonesia, the Constitutional Court decision Number 59/PUU-XXI/2023 regulates that investigators must be under the control and supervision of the National Police. This decision confirms the position of the National Police as an institution that has the authority to supervise and control the financial crime investigation process. This is expected to increase effectiveness and efficiency in law enforcement in the financial sector, as well as ensuring that the investigation process is carried out in a transparent and accountable manner. In comparison, in Australia, financial crime investigative powers are managed by several agencies, including the Australian Federal Police (AFP) and the Australian Securities and Investments Commission (ASIC). Japan has a Financial Services Agency (FSA) and a National Police Agency (NPA) which coordinate the investigation of financial crimes. Meanwhile, in Germany, the authority to investigate financial crimes falls under the Bundeskriminalamt (BKA) and financial supervisory institutions such as BaFin. This comparison shows that each country has a different approach in regulating the authority to investigate financial crime. In Indonesia, the confirmation of control and supervision by the National Police is expected to increase cooperation between law enforcement agencies and strengthen efforts to eradicate financial crime.

The Barnahus model: an example of innovative evolution in favour of children’s rights in the investigation of criminal offences

The Barnahus model: an example of innovative evolution in favour of children’s rights in the investigation of criminal offences

Use of modern criminalistics innovations in the investigation of military crimes

Use of modern criminalistics innovations in the investigation of military crimes

Understanding sexual homicide in Korea using machine learning algorithms.

The current study was conducted to confirm the characteristics in sexual homicide and to explore variables that effectively differentiate sexual homicide and nonsexual homicide. Further, newer methods that have received attention in criminology, such as the machine learning method, were used to explore the ideal algorithm for classifying sexual homicide and patterns for sexual homicide in Korea. To do this, 542 homicide cases were analyzed utilizing eight algorithms, and the classification performance of each algorithm was analyzed along with the importance of variables. The results of the analysis revealed that the Naive Bayes, K-Nearest Neighbors, and RF algorithms demonstrate good classification accuracy, and generally, factors such as relationships, marriage, planning, personal weapons, and overkill were identified as crucial variables that distinguish sexual homicide in Korea. In addition, the crime scene information of the crime occurring in the dark (at night) and body disposal were found to have high importance. The current study proposes ways to enhance the efficacy of crime investigation and advance the research on sexual homicides in Korea through a more scientific understanding of sexual homicide that has not been thoroughly explored domestically.

Improving the Advice Given to Investigators by Criminal Profilers

In the UK, Behavioural Investigative Advisors (BIAs) contribute to serious crime investigations by offering profiles of unknown offenders, a process known as criminal profiling. BIAs tend to include the rationale behind their opinions in the profiling reports they produce, but often fail to provide adequate support for their reasoning (e.g., references to published research, which supports their claim). BIA reports generally meet quality assurance criteria and are regularly peer-reviewed by other BIAs who provide constructive feedback on the report. The reports are also perceived as being useful. BIAs should articulate exactly what they used to support their opinions and reporting guidelines and templates should be put in place to encourage high quality, standardized report writing.

Forensic identification and its role in the investigation of poaching-related crimes

Forensic identification and its role in the investigation of poaching-related crimes

The ICC jurisdiction in Ukraine: challenges and opportunities in the fight against impunity

This article examines the legal relationship between the International Criminal Court (ICC) and Ukraine, a non-party to the Rome Statute, focusing on the scope of the Court's jurisdiction to consider Ukraine's referrals regarding serious crimes committed on its territory since 2014. Discussions regarding the extension of the ICC's jurisdiction over Ukraine commenced in 2014-2015 following Ukraine's two requests for recognition of the ICC's ad hoc jurisdiction. Following the full-scale invasion in 2022, the ICC consolidated these proceedings with the ongoing investigation of crimes committed in Ukraine since 2014. This article analyzes how the ICC's jurisdiction applies to Ukraine, the challenges and prospects for cooperation between the ICC and Ukraine in investigating crimes committed by Russian forces, and the broader implications for the international criminal justice system. The authors analyze arguments for and against Ukraine's ratification of the Rome Statute, concluding that the ICC's jurisdictional framework, particularly concerning the crime of aggression, requires refinement.

The Implementation of Scientific Crime Investigation Mechanisms in Police Regional Office Proof Criminal Cases

The Implementation of Scientific Crime Investigation Mechanisms in Police Regional Office Proof Criminal Cases

TNI AL Authority as Maritime Crime Investigator in Securing Indonesian Waters

TNI AL Authority as Maritime Crime Investigator in Securing Indonesian Waters

Content analysis of press releases from the Norwegian serious fraud office: what do the messages say about focal concerns?

PurposeThis article reviews 69 press releases published by the Norwegian Økokrim from June 2022 to November 2023. The presented research applies the theory of focal concerns to identify the main themes in the press releases.Design/methodology/approachSerious fraud offices such as the Norwegian national authority for investigation and prosecution of economic and environmental crime (Økokrim) are facing many challenges when combating white-collar and corporate crime. Press releases represent an element of facing such challenges, as the messages are an important vehicle for the organization to disclose organizational activities to the public.FindingsThree themes emerged: offender conviction, impression management and crime deterrence. Offender prosecution followed by offender conviction is at the core of Økokrim's business. Impression management serves the purpose of emphasizing the important role of the national authority in society. The subjective perception of detection and prosecution by potential offenders can be influenced by crime deterrence messages.Research limitations/implicationsPress releases are signals that may be interpreted in other ways.Practical implicationsWhen politicians are to review national authorities, they may want a slightly different serious fraud office.Social implicationsThe deterrence effect is often not real for alleged white-collar crime.Originality/valueUnderstanding a national authority in terms of its focal concerns based on press releases from the authority.

Проверка сообщений о преступлениях, связанных с лесными пожарами

The investigation of crimes associated with forest fires is a critical endeavor aimed at determining the causative factors preceding the commencement of criminal proceedings. Key aspects under scrutiny encompass the origin of the forest fire, extent of its propagation, magnitude of material damage incurred, employed technical means and methodologies for fire suppression, and identification of individuals present within the boundaries of the forested area where ignition occurred. The investigative protocol entails a comprehensive array of measures including on-site inspection of the forest fire locus, testimonies elicited from eyewitnesses and lessees of forested parcels, procurement and scrutiny of documents sourced from meteorological services, territorial forest protection authorities, and commissioning of judicial expertise. Additionally, the judicious utilization of unmanned aerial vehicles (UAVs) in fire scene reconnaissance is advocated for its intrinsic safety benefits to operational personnel. Moreover, the significance of satellite-derived imagery depicting pre- and post-fire forested terrain conditions is underscored for facilitating causal inference regarding forest fire occurrences. In conclusion, the investigation of crimes associated with forest fires embodies a symbiotic interplay between scientific inquiry and legal scrutiny, wherein the convergence of empirical evidence and jurisprudential deliberation serves as the linchpin of investigative integrity and judicial recourse. Moving forward, continued investment in research and technological development is imperative to augment the efficacy and expediency of forest fire investigations, thereby fortifying societal resilience against the perils of environmental degradation and criminal malfeasance.

Problems of Investigation of Crimes in the Field of Information Technology

The purpose of the study is to analyse the main problems that law enforcement agencies and information technology security specialists face when investigating cybercrime. In particular, the research work is also aimed at identifying the main shortcomings in the process of investigating crimes in the relevant area, analysing the legal acts governing these legal relations, and elucidating foreign experience in further improving the investigation of cybercrime. The methods that were used to write the work are as follows: legal hermeneutics, comparative, statistical, method of analysis, synthesis. The main results of the study were: clarification of the concept of “information technology”, as well as the categories involved in this concept, in particular, information legal relations, cybercrimes; analysis of the legislation regulating relations in the information sphere and the main shortcomings of the relevant legislation of Kazakhstan, possible improvements in regulatory legal acts.

Enhancing Police Operations: The Impact of CCTV in Monitoring, Incident Response, and Crime Investigation in Nairobi City County, Kenya

This study assessed the impact of Close Circuit Television (CCTV) on police operations in Nairobi, Kenya, focusing on its role in public space monitoring, incident response, and crime investigation. Employing a convergent parallel design informed by the Task-Technology Fit Theory, it collected data from 403 purposefully and cluster-sampled police officers through questionnaires, key informant interviews, and focus group discussions. Quantitative data analysis utilised descriptive statistics, while thematic analysis helped to uncover qualitative insights. CCTV was found to be valuable for incident awareness, traffic management, and crime detection and significantly aided in incident response and investigations. However, limited camera coverage and technical issues reduced effectiveness. The study concluded that Nairobi's CCTV system is a valuable tool, but improvements like expanding coverage and providing storage solutions for investigators are recommended.

Implementation of Live Forensic Method on Fusion Hard Disk Drive (HDD) and Solid State Drive (SSD) RAID 0 Configuration TRIM Features

One of the solutions used for access speeds is to maximize non-volatile storage functions by a conventional Hard Disk Driver with Solid State Drive that has the TRIM architecture using the Redundant Array of Inexpensive Disks 0 configuration or the commonly known RAID 0. RAID 0 is a stripping technique that has the highest speed among other RAID configurations. However, this configuration has a disadvantage in that when there is damage to one of the storage disks all the data will be corrupted and lost. It's becoming one of the challenges in digital forensic investigation when it comes to computer crime. Furthermore, this research uses experimental practices using live forensic methods to perform analysis and examination against the merger of HDD and SSD configuration RAID 0 TRIM features. The expected is an overview of the characteristics of recovery capability to find out the authenticity integrity values of files that have been lost or permanently deleted on both TRIM SSD functions disable and enable. Furthermore, this research is expected to be a solution for the experimental and practical investigation of computer crime especially in Indonesia given the increasing development of technology that is directly compared with the rise in computer crime.

Formation of the preconditions for the emergence of criminalistics as a science in Ukraine (9th–18th centuries)

The article examines the peculiarities of the emergence and formation of methods of forensic investigation, which over time, in the 19th century, took shape in the science of forensics. To solve the problems, the authors used several methods, both general scientific and special. Among them: formal-legal, comparative-legal, historical-legal, dialectical, historical, systemic, hermeneutic, etc. The authors identified the main, in their opinion, stages of the development of criminology in Ukraine, starting with the formation of the Old Russian state. The first steps of the creation and implementation of forensic methods during the investigation of crimes, which were enshrined in the most famous monuments of law – «Laws of King Hammurabi», «Laws of the XII Tables», Byzantine legal collections, «Ruska Pravda», «Lithuanian Statutes», «The rights by which the Little Russian people are judged.» The article proves that the formation of individual manifestations of forensic research in Ukrainian lands during the Middle Ages and the first centuries of modern history was based on world experience in this area, as well as on the idea of justice, the need to restore law and order. It is emphasized that the formation of ideas about the methods of forensic research that appeared in Ukraine is connected with the genesis of the Ukrainian legal system and turned, over time, into one of its institutions. The authors suggest that, in contrast to the application of punishment, which had a class character, the organization of forensic investigations established the truth and therefore did not depend on the class affiliation of the participants in legal relations. The opinion that both in ancient times and at the beginning of the Middle Ages, forensic methods were closely intertwined with the elements of the investigative process, within which they were actually applied, is substantiated. It was established that the crippling forms of punishment, which were applied by court decision, were also intended to «emphasize» the identity of the criminal, to single him out in order to facilitate the search in case of repeated offenses. The authors concluded that the legal regulation of forensic research methods became a guarantee of their development, distribution and transformation, over time, into an independent science.

Психолого-криминалистические особенности личности несовершеннолетних обвиняемых и их роль в расследовании преступлений

Understanding the psychological and age characteristics of the personality of juvenile offenders allows judicial and investigative authorities to conduct effective investigative actions and judicial proceedings against juvenile participants in criminal events, use appropriate tactical and forensic techniques in the process of interacting with them both as part of the investigation of crimes and their prevention.

Модели интеграции современных технологий в правоохранительную деятельность

To counteract the development of criminal activity, law enforcement agencies need to employ new technologies. However, the current models of such implementation provide neither competitive advantage nor forensic efficiency. This article describes the existing models of integrating advanced technologies into law enforcement practice, as well as ways of their optimization. The paper considers the best practices and related risks. The authors relied on standard cognition methods and modeling to develop four key models of integrating modern technologies into crime investigation activities, i.e., 1) legislative consolidation, 2) implementation after the effectiveness has been experimentally verified, 3) departmental regulation, 4) independent initiative implementation. Each model demonstrated a number of advantages and disadvantages. On the one hand, they proved legal, effective, rational, and based on actual threats and risks. On the other hand, the legislative consolidation process is long: as a result, participants in criminal proceedings risk their rights. Moreover, no objective effectiveness assessment can be provided while scientific recommendations do not correlate with actual practice. The authors proposed a comprehensive model that can adapt to a particular technology. The model presupposes coordinated actions of scientists, practitioners, investigative authorities, and legislators. The article also introduces an algorithm that increases the effectiveness of forensic activities.

Policing Vulnerability: The Care and Control of Sex Workers Through Designated Police Officers

Abstract The state’s duty to protect vulnerable people gives rise to powerful forms of social intervention, especially in policing. This article reports from co-produced multimethods research focussed on one form of policing vulnerability within an English police force; the role of a specialist sex worker liaison officer (SWLO). Findings highlight that an enhanced focus on vulnerability through the role was highly valued by sex workers; building trust and improving investigations of crimes against sex workers. However, social control was the defining parameter for the intervention, with different implications across the diversity of the sex industry. Drawing on Gilson’s (2021) intersectional feminist philosophy work, we situate findings within critical attention to policing vulnerability, arguing the embedding of vulnerability within governance apparatus orientated to social control must be met with vigilance if it is to be progressive rather than reactionary.

Criminal law and procedural characteristics of war crimes in Ukraine (after the full-scale invasion of the russian federation into Ukraine)

Criminal law and procedural characteristics of war crimes in Ukraine (after the full-scale invasion of the russian federation into Ukraine)

The use of a polygraph in the investigation of criminal offences: problems of tactics and legal regulation

The use of a polygraph in the investigation of criminal offences: problems of tactics and legal regulation