Punishment Of Crime Research Articles

Conflict In Prosecuting Criminal Actions Against Someone With Digital Proof Evidence

The Criminal Law Book (abbreviated as the Criminal Code) contains instructions and descriptions regarding offenses, criminal acts, criminal acts, criminal incidents, namely regulations regarding the conditions or elements of whether or not a person can be sentenced to a crime (punishment) and rules regarding punishment, namely regulating who and how the sentence is imposed. Valid evidence in criminal case trials according to Article 184 of the Criminal Procedure Code are: Witness Statements, Expert Statements, Letters, Instructions and Defendant Statements. So the judge can use his freedom of independence to assess the strength of the evidence with a guide in certain circumstances. The formulation of the problem is in accordance with the introductory explanation above, namely: What is the legal position of the dispute over digital guidance devices referred to as CCTV in criminal trials? Why can the clue evidence referred to by CCTV influence the judge's confidence in deciding the criminal case? This study is about Normative Juridical Analysis of the existence of related digital aid complications which are used as a means of evidence in police investigations up to the court stage.

CRIMINAL LAW REFORM IN THE FACE OF THE SOCIETY 5.0 ERA AGAINST CYBER CRIME

Society 5.0 brings a major transformation in the social order through the integration of advanced technologies that blur the boundaries between the physical and virtual worlds. In this context, cybercrime has emerged as a serious challenge that requires adequate legal handling. This article examines the urgent need for criminal law reform in Indonesia to anticipate and respond to cybercrime in the Society 5.0 era. Through normative analysis and review of existing policies, this study assesses the effectiveness of current regulations. The proposed reforms include strengthening a legal framework that is more adaptive to technological innovations, increasing the capacity of law enforcement in dealing with digital crimes, and adjusting penalties for crimes that occur in cyberspace. The article also highlights the importance of international collaboration in cyber law enforcement. In conclusion, without a comprehensive reform of the criminal law, Indonesia risks falling behind in efforts to deal with the threat of cybercrime in the Society 5.0 era.

The Criminal Protection of the Environment in (The Law of Environmental Protection and Improvement in the Kurdistan Region - Iraq)

This article sheds light on criminal protection of the environment, which is concerned with the environmental protection from various types of pollution and destruction. Muslim jurists, have been discussing specific ways and means of preserving the environment and protecting it from the destructive causes that lead to an imbalance in the environmental system. Meanwhile, the Kurdistan Regional Parliament has discussed the achievement of this issue through the special law on criminal protection entitled "Law on Environmental Protection and Improvement No. (8) of 2008". This research evaluates the legal articles related to achieving criminal protection of the environment contained in the aforementioned law in Islamic jurisprudence, to the extent of which these articles are compatible with Islamic jurisprudence. The research consists of an introduction and four sections, and ends with a conclusion that includes the most important findings and recommendations. "Among its prominent findings: The law's provisions generally align with Islamic Sharia's objectives and principles in environmental protection, including safeguarding environmental elements, prohibiting corruption, and imposing penalties on offenders. However, from an Islamic Sharia perspective, this law has some shortcomings, such as not criminalizing certain environmentally harmful acts, lacking deterrent punishments for some serious crimes, overlooking criminal liability for legal entities, and a weak religious dimension in its texts. Finally, it offers suggestions for improvement in light of Islamic Sharia's rulings and objectives in environmental preservation."

PAROLE FOR CRIMES AGAINST THE SEXUAL INTEGRITY OF MINORS: INTERNATIONAL EXPERIENCE AND KAZAKHSTAN PRACTICE

In the context of the rapid development of society and scientific and technological progress, new challenges and types of criminal activity are emerging, which requires appropriate legal regulation to protect the lives, rights and interests of children. Being aware of the responsibility to present and future generations, as well as taking into account the age of children and their vulnerability to various illegal actions and negative factors, the State at the constitutional level recognizes the priority and need for special protection of the rights and legitimate interests of children. The article discusses the specifics of the application of parole (hereinafter - parole) in the context of the criminal legislation of the Republic of Kazakhstan and international experience. The main focus is on the protection of minors and tougher penalties for crimes against the sexual integrity of children. The authors focus on zero tolerance for sexual abuse of children, which is reflected in the importance of strengthening penalties for such crimes and banning parole for such criminals. The authors consider international experience, including the legislation of Russia, Kyrgyzstan, China, Vietnam and the USA, where parole is regulated taking into account the severity of crimes and special conditions for repeat offenders. Special attention is paid to the need to harmonize Kazakh legislation with international standards, which contributes to the protection of children's rights and the maintenance of social justice. The article also discusses proposed measures to strengthen criminal liability for crimes against children, such as increasing the terms of imprisonment, which will automatically delay the possibility of parole. The authors conclude that a balanced approach is necessary to preserve the right of convicts to parole, while ensuring strict punishment for particularly serious crimes.

The purpose of punishment for environmental crimes: from traditional to new

The purpose of punishment for environmental crimes: from traditional to new

Criminal liability for war crimes

The article provides a comprehensive theoretical and legal analysis of criminal liability for violations of the laws and customs of war, in light of contemporary challenges facing international humanitarian law. The relevance of this study arises from the need to enhance mechanisms of accountability for war crimes amidst modern armed conflicts and the importance of ensuring effective justice against war criminals. The research delves into the historical development of legal regulation for liability concerning breaches of war laws and customs, starting from the Hague Conventions to contemporary international legal instruments. Particular attention is given to the 1949 Geneva Conventions, which serve as a foundational pillar of modern international humanitarian law in protecting the rights of participants in armed conflicts. Through systematic analysis, the article outlines the distinct legal status of various categories of armed conflict participants (combatants, non­combatants, civilians, and prisoners of war) and the nuances of their protection under international humanitarian law. A detailed examination of the elements of the crime defined in Article 438 of Ukraine’s Criminal Code is conducted, with a specific focus on the contextual elements that characterize war crimes. The article addresses contentious aspects of the doctrinal interpretation of the contextual element in war crimes, exploring various academic perspectives on its nature and its place within the elements of the crime. The relationship between contextual circumstances and the objective and subjective aspects of war crimes is substantiated. The study also examines the specificities of different types of liability for violations of war laws and customs, including individual, collective, and state responsibility. It analyses the role of international judicial institutions in ensuring the inevitability of punishment for war crimes and highlights challenges in their effective operation. Based on the research, the authors propose improvements to mechanisms for criminal accountability regarding violations of war laws and customs and develop recommendations aimed at enhancing the effectiveness of international justice in this domain.

Preventing technology leaks through the patent office in South Korea: lessons for Ukraine

The article provides an economic and legal analysis of measures to ensure economic security and prevent leaks of technological secrets used by the Government of South Korea and the Korean Intellectual Property Office (KIPO). On October 17, 2024, KIPO presentedand approved «Measures to Combat Technology Leakage to Strengthen Global Industrial Competitiveness.» These measures are expected to strengthen the safety net for advanced technologies that are critical to the survival of domestic companies and economic security. They were formulated to address the potential national damage caused by the increasing leakage of advanced technologies in industries such as semiconductor manufacturing andsecondary batteries. The plan aims to create a national technology protection system to prevent technology theft that hinders the growth of SMEs and venture capital companies, thereby increasing global industrial competitiveness and contributing to a dynamic economy. The leading role in the creation of a national technology protection system in South Korea belongs to KIPO. For this purpose, KIPO has made changes to current procedural and patent legislation and the Law on the Prevention of Unfair Competition and the Protection of Commercial Secrets. It plans to introduce a preventive system to prevent technology leakage using patent analysis of big data and technical expert research. KIPO is improving digital response systems and introducing an idea certification system. It is alsostrengthening cooperation with counterintelligence agencies. The guidelines for punishments for crimes in the technological sphere related to the violation of IP rights and technologies have been revised. Revised guidelines entered into force in July 2024 to implementstricter standards for trade secret misappropriation and theft of industrial technology, set separate sentencing standards for crimes related to «industrial technology» and «national basic technology», provide stricter penalties for violations, especially those occurring abroad. The state of leakage of technologies in Ukraine is analyzed, mechanisms of their countermeasures are proposed.

Nuremberg in Tokyo: Trials of Japanese War Criminals

Introduction. The article is dedicated to the 75th anniversary of the Tokyo trial of Japanese war criminals. The purpose of work is analysis of historical events preceding the Tokyo tribunal is carried out. Results. The key roles of the USSR in the surrender of Japan is shown. The evidence of the villainous treatment of prisoners of war and civilians in the occupied territories by the Japanese is presented. The features of the Tokyo trial are investigated and the conviction of 25 war criminals is described in detail. Discussion and Сonclusion. The importance of the Tokyo Tribunal is shown, which, together with the Nuremberg trials, laid the foundation for the approval of the norms and principles of modern international law concerning punishments for war crimes, crimes against peace and humanity, and also laid the foundation for the subsequent struggle for the outlawing of bacteriological weapons.

Legal mentality and causes of corruption in Ukraine

Purpose. The purpose of the study is to analyze the legal mentality of Ukrainian society as an important factor influencing the formation and spread of corruption, to identify its root causes, and to develop recommendations for overcoming this phenomenon through changes in legal consciousness and culture. Methods. The research methodology is based on an interdisciplinary approach that includes legal analysis and historical method to study the development of legal mentality and its impact on corruption. The methods of comparative analysis and expert survey are used to establish cause and effect relationships. Results. It is established that corruption in Ukraine remains one of the key obstacles to democratization, the rule of law and economic development. The analysis of the problem shows that the main factors of its spread are the historically formed legal mentality that tolerates violations of the law, low level of trust in state institutions and weak legal culture. This situation is complicated by the centuries-long influence of different legal systems that have entrenched the duality of legal consciousness – formal recognition of laws and the practical use of informal mechanisms. The effective fight against corruption is possible only through a systematic approach aimed at transforming the legal mentality of Ukrainians. This includes the introduction of ethics and integrity education programs, digitalization of public services to minimize the human factor, large-scale information campaigns to build public condemnation of corruption and ensure the inevitability of punishment for crimes. Particular attention should be paid to harmonizing legal norms with social values and their effective implementation. Originality. The author identifies the impact of legal mentality on the spread of corruption in Ukraine as one of the key obstacles to democratization and European integration. Practical significance. The results of the study can be used in further legal research and preparation of special courses.

“I don’t like guns but having one in Winnipeg right now would feel safer”: Crime, liquor theft, and online fantasies of punishment and control

In 2018–2019, there was a surge of local news media coverage in Winnipeg, Canada about what news media described as “brazen” liquor store theft. Online discussion and social media platforms provided segments of the public with opportunities to assert claims about the causes and consequences of this putative crime wave as well as potential solutions within and outside the penal system. These online fora allowed internet communities to imagine new methods of crime control and vocalize a range of emotions about crime and punishment. Employing a thematic analysis of reader comments across several online and social media platforms, we argue that these online discussions about liquor theft provide an empirical case study of the new digital media logic that facilitates highly volatile and short-lived moral panics or “firestorms.” We draw upon cultural criminology scholarship to highlight the centrality of emotion in online discussions on liquor theft. By making emotion central, online discussions provide a clearer glimpse into the displaced rage that is thought to set moral panics in motion. We argue that online platforms constitute an important medium to understand how people imagine and envision punishment and control, as well as how they construct/conceive of offenders and the purported problems underlying crime.

Legal Reform of the Penalty for Crime of Recruiting and Involving Children in Armed Conflicts in Light of the Provisions of IHL

The study seeks to clarify the extent of the effectiveness of punishment for the crime of recruiting children and their involvement in armed conflicts, and it has been stipulated in the framework of the statute of the International Criminal Court (ICC) that the recruitment of children and their participation in armed conflicts, a war crime that requires individual criminal accountability, but the phenomenon of child soldiers is still continuing and a source Concern for the international community Although international law criminalizes the recruitment and use of children in military operations, it needs concerted efforts to eliminate it, as the legal framework for this phenomenon does not currently require additional development of its rules as much as it needs to activate and apply these rules, in addition to activating the punitive policy through Effective and deterrent penalties to curb this crime as a war crime and to prosecute its perpetrators, The problem, then, is not one of legislation, but one of implementation. Children often pay a very high price during armed conflicts, as they suffer the direct and indirect consequences of hostilities. Children's participation in armed conflicts has been a widespread phenomenon since antiquity. Therefore, the international community had to intervene to protect them and prohibit their recruitment. Global efforts have been made to eliminate the phenomenon of recruitment and use of children in military operations by prohibiting the recruitment of children in many international documents.

THE PUBLIC DANGER OF QUALIFIED ELEMENTS OF CRIMES COMMITTED USING INFORMATION AND TELECOMMUNICATION NETWORKS

The article discusses the use of information and communication networks in serious crimes and the criteria for identifying such crimes. It examines legal literature’s proposals for classifying and constructing elements of serious crime. The main criterion for categorizing crimes as serious is a significantly increased level of risk to society caused by an act and the identity of the perpetrator. Factors that determine this increased risk are discussed, along with opinions of scholars analyzing the social justification for stricter punishments for crimes committed via information and communication technologies. Additionally, the article compares the maximum punishments for serious crimes committed through these networks to examine the issue of punishment. Unstable values of the indicator for the multiplicity of maximum penalties for qualified elements of crimes committed via information and telecommunication networks have been identified in comparison to main elements of crime. A preliminary conclusion has been drawn regarding the need for a unified system of qualification features and fair penalties for qualified offences, taking into account findings from the theory of justifying criminal law. The penalty should be aligned with others for similar offences and other types of offences. Further analysis is required to examine societal relevance factors related to the existence of qualified components in offences committed via information communication networks.

ESTABLISHING RESPONSIBILITY FOR OBSTRUCTING THE LEGITIMATE ACTIVITIES OF A LAWYER: TRENDS AND PROSPECTS

By providing for punishment for crimes against justice (Chapter 31 of the Criminal Code of the Russian Federation), the legislator protects one of the main branches of governmentlaid down in the Constitution of the Russian Federation. Currently, the Criminal Code of the Russian Federation contains a norm providing for liability for interference in any form in the activities of a court, prosecutor, investigator or person conducting an inquiry in order to obstruct the administration of justice, as well as in order to impede a comprehensive, complete and objective investigation of the case (Article 294 of the Criminal Code). However, there is no similar criminal norm for interference in the professional activity of a lawyer. The article analyzes the state of violations of the rights of lawyers in connection with the exercise of professional activity, the issue of their sufficient protection from criminal encroachments, and also reflects an assessment of the expediency of establishing a new criminal norm in the law.

Risk Profile of Stalking in South Korea: Analyzing the First Year of Court Decisions Following Initial Legal Responses.

South Korea implemented specific legislation titled the Act on Punishment of Crimes of Stalking (APCS) on October 21, 2021, to address the issue of stalking. This study evaluated the risks associated with stalking incidents in South Korea by reviewing and analyzing legal cases with finalized judgments within the first year of the APCS. Data were collected through a systematic search of the Korean Supreme Court's Written Judgment Management System database. We identified 193 stalking-related cases between October 21, 2021, and October 14, 2022. These cases were analyzed based on four risk profile criteria: profiles of stalkers and victims, the nature of stalker-victim relationships, motivations behind stalking, and patterns of stalking behavior. Further, we reviewed cases to which the APCS and the Criminal Act applied by analyzing stalker-victim relationships and the stalkers' underlying motivations to assess the risks associated with stalking. Approximately 16.6% of stalkers were diagnosed with mental disorders, the most common disorder being psychosis. The average age of the victims was 42.84 years, with a higher prevalence of female victims compared to male ones. Predominantly, stalkers were former intimate partners of the victims, with most cases motivated by rejection. Direct contact methods, such as physical approaches, have been observed more frequently than indirect methods, such as repeated unwanted messages, or non-contact behaviors, including surveillance and loitering. The findings provide an up-to-date overview of the under-examined criminal stalking issue in South Korea.

Проблемы противодействия хищению бюджетных средств, выделенных на строительство автомобильных дорог

The article touches upon the problems of the field of road construction in terms of embezzlement of public funds allocated for both construction and major repairs of roads and road infrastructure.. The article considers the main signs, types of violations and crimes in this area, which are often committed during the construction of highways. The issue of criminal liability and consequences for committing crimes related to embezzlement of budget funds has been raised. The article suggests ways to solve this problem, including improving control over the use of budget funds, improving the system of state and municipal procurement, tougher penalties for crimes and other measures.

Международные договоры Российской Федерации об ограничении или запрещении средств ведения военных действий как источник толкования части 1 статьи 356 Уголовного кодекса Российской Федерации

Introduction. Part 1 of Article 356 of the Criminal Code of the Russian Federation establishes one of the most socially dangerous crimes recognised by the entire world community – war crimes.The disposition of the structure as alternative actions provides for the use of means of warfare prohibited by international treaties of the Russian Federation. However, the criminal law does not specify such means, which creates a problem for the qualification of the crime. The analysis of such treaties makes it possible to form specific prohibitions, the violation of which should be considered as the commission of the objective aspect of a war crime. At present, this issue is very relevant, since a large number of armed conflicts are taking place in the world and such crimes are being committed. Defending the inevitability of punishment for war crimes, Russia, in accordance with the norms of international law, should have a legal possibility to apply the mechanism of such responsibility. Therefore, the presented analysis is relevant and interesting. Methods. Methods of description, analysis, comparison and systematic method of research are used. Results. The results of the research were the final assessment of the analysed international treaties of the Russian Federation, enshrining prohibitions on the use of specific means of warfare, and the formation of recommendations to improve the provisions of the disposition of part 1. art. 356 of the Criminal Code of the Russian Federation for more effective use and classification of war crimes.

The Changes in Drug Laws to Apply the Death Penalty for Drug-Related Offences in Vietnam

Vietnam has a history of executing individuals for particularly serious crimes. Applying the death penalty for drug-related crimes has sparked considerable debate since the first criminal code in 1985. Vietnam has retained this toughest punishment as one of the deterrent methods to combat drug trafficking in the last three decades. However, as a retentionist-and-reductionist state, Vietnam abolished capital punishment for several crimes in the last code (2015), including drug possession and appropriation. The application of the death penalty for drug offences in Vietnam has evolved in response to international standards and the country’s global integration. Despite these changes, the death penalty remains a contentious issue in Vietnam, with the country maintaining its right to use it in its criminal code system. The path towards the complete abolition of capital punishment for drug offences is still uncertain because this complex issue involves political, legal, and social aspects in Vietnam’s context, particularly when the Communist Party’s ideologies still prefer a supply-driven reduction. This study uses personal reflections from over 20 years to focus and combine with the grey literature from national reports and desk-study in Vietnam’s legislative documents. Seven specific thoughts with relevant recommendations in the last section will explain why we should need further evidence to (re)call for consideration to reduce the death penalty for drug offences before requesting/asking Vietnam to abolish these concerns immediately.

Assessment of Social Damage from Crime and Proportionality of Punishment to Damage: Legal Economics Approach

The article considers the principle of proportionality of the severity of punishment to public damage from an offense in terms of law and economics and criminology. It presents an overview of various criminological approaches to assessing social damage from different types of crimes, concluding that it is not possible to measure this damage precisely in each specific case. The methodology proposed by Sellin and Wolfgang (Sellin & Wolfgang 1964), which rates the severity of crimes based on sociological surveys, is highlighted as an effective basis for determining the severity of punishment proportional to public damage, though it has its drawbacks. The conclusion offers proposals for synthesizing all the approaches considered in the article to assess public damage from crime and establish the socially optimal severity of punishment for offenses.

Law Enforcement Against Illegal Logging in The Jurisdiction of the Tejakula Buleleng Police Sector

The practice of illegal logging is generally carried out by individuals who have official permission from the government to carry out forest logging, such as holders of Forest Ruler Rights (HPH) concession permits, however, if it is further detailed, the perpetrators of illegal logging are organized groups. Law enforcement in overcoming the crime of illegal logging Tejakula Sector Police use 2 (two) means, namely: Penal efforts that focus more on the repressive nature, namely actions taken after the crime occurs with law enforcement and imposition of penalties for crimes that have been committed, and non-penal efforts, a countermeasure that focuses more on the preventive nature, namely actions in the form of prevention before the crime occurs. To solve the problems in this study, the research method is the type of normative legal research supported by conducting field observations with the interview process with the Tejakula Buleleng Sector Police Investigator. So the expected results in this study, the most substantial is the difference in interpretation in terms of administrative sanctions there is a blurring of legal norms in Article 18 paragraph (1) of Law Number 18 of 2013 concerning the prevention and eradication of forest destruction, because in its application or implementation sometimes there is overlap between the meaning of the sentence of the implementation of government coercion sanctions with administrative sanctions of forced money

Setting boundaries between crime and rights

Abstract In 2022, the U.S. Supreme Court’s ruling on Dobbs v. Jackson overturned two precedents, thus ending American women’s 50-year-old constitutional right to abortion. Drawing on Van Leeuwen’s legitimation framework and Labov’s model of narrative structure, this study focuses on how justices (de)legitimate abortion rights in contrasting narratives in Dobbs through authorization, moral evaluation, rationalization, and mythopoesis. Specifically, we propose a theoretical model of judicial narrative strata to deconstruct the language of justices and explain how judicial narratives set boundaries between two different moral economies around abortion and realize the transformation of a conceived right into a punishable crime. Furthermore, this study suggests that in the post-Dobbs era, the justices’ narrative reconfiguration of moral boundaries may turn into social boundaries and trigger more gender segregation, which might also have theoretical and practical implications for legislation and judicial practices in other jurisdictions.