Crime Research Articles

Criminal Legal Regulation of Trafficking in Human Bodies: Spanish and Brazilian Experience

Organ trafficking, a very profitable worldwide illegal activity today, is frequently overlooked by those involved in combating human trafficking due to its complex and covert nature. Numerous international documents underscore the importance of countering trafficking in human organs and transplant tourism. This article analyzes the legal frameworks of Spain and Brazil, with a particular focus on their compliance with international and supranational standards aimed at combating, inter alia, the illegal circulation of organs and other phenomena associated with it. Firstly, the article distinguishes such phenomena as transplant commercialism, transplant tourism and illegal trafficking in organs and draws attention to the fact that currently there is no uniform understanding of the clear boundaries of the concept of illegal trafficking in organs. Elaborating on the various aspects of the above-mentioned types of criminal activity may allow one to properly determine the legal interests and rights protected by criminal law and the types of behavior subject to imputation in an exhaustive way. Secondly, the authors outline a number of controversial issues that arise due to the complex nature of organ trafficking and suggest several ways to meet these challenges.

Field Research on Corruption in Private Enterprise -- Taking the "Criminal Law Amendment (12)" as an Opportunity

For a long time, the governance strategy of corruption crimes in private enterprises has been mainly based on norms and ignoring facts, which may lead to poor governance of related crimes. In terms of the governance of corruption crimes within private enterprises, the characteristics of enterprise management mode, organizational structure, and form of power distribution are ignored, which may limit the protective function of the criminal law, and even cause problems such as excessive involvement of the criminal law and abuse of rights. In terms of bribery prevention, failure to fully consider the complex forms of bribery may lead to those enterprises and their households that are still worth saving may be mired in litigation, which will further lead to negative social effects. Based on the complex reality of China's private enterprises, a localized and comprehensive corruption crime governance strategy should be put forward from the perspective of enterprises and their households.

Jail Utilization and Court Sentencing: Does Jail Overcrowding Influence State Court Sentencing Decisions?

Drawing upon organizational perspectives and focal concerns theory, this article tests the impacts of jail utilization (i.e. the ratio of jail population: rated capacity) on sentencing practices. Using 18 years of felony sentencing data from Florida and county characteristics, ordinary least squares regression models are estimated to determine whether jail utilization impacts sentencing trends between counties. Latent growth curves assess jail utilization effects within counties over time. Jail utilization is significantly associated with sentencing and this effect is robust across and within counties over time. Across counties the effect is largely non-linear; community-based sanctions are more common in counties that have reached a jail utilization threshold. Jail utilization effects are robust across general and discretionary cases but vary according to local crime rates. The findings suggest that extralegal considerations influence sentencing decisions; i.e. when jail utilization decreases, courts will impose more jail sentences simply because space is available.

Why should we punish and how? The role of moral intuitions and personal worldviews for punitiveness and sentencing preferences

ABSTRACT This research investigated the role of moral foundations and broader worldviews in judgments about why and how criminal offenders should be punished. In Study 1, Swedish law students (N = 103) and social science students (N = 130) evaluated how harsh the punishment for crimes that varied across three crime categories and five contexts should be. In Study 2, Swedish adults (N = 161) evaluated eight sentencing goals and thirteen sentencing methods. Humanism and individualizing intuitions were associated with higher punitiveness for crimes that involved a selfish motive or harm inflicted upon the victim and with increased focus on rehabilitation and counseling. Normativism and binding intuitions were associated with higher punitiveness when the damage was primarily material, less leniency when there were mitigating circumstances, and more focus on retribution, deterrence, restoration, incapacitation, denunciation, and imprisonment. The moral foundations predicted preferences concerning sentence goals and methods better while the worldviews predicted punitiveness better. The results show that we need to take both people’s moral foundations and their broader worldviews into consideration to understand why and how they think criminals should be punished.

The Road to Crime: An Unintended Consequence of the Interstate Highway System

Abstract The necessity to overhaul national infrastructure has become one of the key issues of US domestic policy in recent years. While the benefits of infrastructure spending are often straightforward, its unintended consequences are less well understood. This paper studies the impact of transportation infrastructure on local crime, focusing on the construction of the Interstate Highway System (IHS), the largest public works project in US history. Using a staggered difference-in-differences design and a county-by-year panel dataset spanning all US counties between 1960 and 1993, we find that a highway opening in a county led to an 8% rise in total index crime. This effect is driven by property crime (burglary, larceny, and motor vehicle theft), although some evidence suggests an increase in violent crime as well. Exploring potential mechanisms, we show that the positive effect of highways on crime is concentrated in counties with low pre-existing stock of police resources where increased connectivity may have raised the returns to crime. Moreover, we find that highway construction induced higher local employment, average firm size, and the local population size, thus increasing the returns to criminal activity, and ultimately the risk of victimisation in the newly-connected counties.

Intangible maritime heritage protection in Malaysia: The need for a revision of the National Heritage Act of 2005

Malaysia, as a coastal nation, has an array of maritime cultural heritage artifacts, some of which are submerged beneath the water's surface. Despite the country's previous efforts in developing a variety of rules and regulations over the last few decades, as well as its adherence to many UNESCO accords, conventions, and treaties, several maritime heritage sites have been damaged or destroyed as a result of illegal activities, jeopardizing the preservation of this prosperous historical legacy. Malaysia should explore strengthening its existing measures and implementing specialized protective legislation and regulations to safeguard its underwater history. Moreover, it is imperative for Malaysia to undertake a comprehensive evaluation of its domestic laws pertaining to the implementation of legislation against unlawful actions. This is essential for preserving public order and ensuring adherence to the principles of justice, which are at risk of compromising its maritime heritage. As a result, Malaysia must revise its National Heritage Act of 2005 to incorporate strategies aimed at protecting its underwater history. To ensure the safeguarding of the maritime legacy for future generations, a combination of domestic efforts and cooperation at both regional and international levels is mandatory.

Problems of legal regulation of gambling and lotteries in Ukraine and their impact on proving illegal activity in the organization and conduct of gambling, lotteries (Article 203-2 of the Criminal Code of Ukraine)

The article is devoted to the analysis of the basic legislation that regulates the spheres of gambling and lotteries, the identification of problems and gaps in the legal regulation of this sphere, which affect the process of proving criminal offenses provided for in Art. 203-2 of the Criminal Code of Ukraine and the formation of scientific proposals on ways to solve these problems. The authors draw attention to the fact that the gambling business has always been and will remain a high-risk type of activity characterized by a high level of the shadow sphere, and a number of unsolved problems of legal regulation today help illegal businesses evade criminal responsibility for carrying out illegal activities, because these problems do not allow pre-trial investigation bodies to establish the event of a criminal offense, which is the central element of the subject of proof, primarily during the qualification of such actions as: issuing or conducting lotteries by a person who does not have the status of a lottery operator; the organization or functioning of institutions for the purpose of providing access to gambling games or lotteries conducted on the Internet. As a result, no more than 10% of criminal proceedings initiated under Art. 203-2 of the Criminal Code of Ukraine end with the court’s sentencing. The authors admit that today restrictions or prohibitions in the activity of organizing and conducting gambling games do not hold lotteries, and for the activity and issuance and holding of lotteries, the prohibition of conducting gambling games does not allow to make an unambiguous conclusion, a lottery or a gambling game is conducted based only on visual signs. Therefore, the authors provide a set of features that allow us to distinguish between these types of activities. Also, the problems of special legislation that regulate the procedures for the implementation of these types of activities are clearly defined, and specific ways of solving these problems are proposed for the Parliament, the Government and KRAIL.

The Concept of Recidivism for Juvenile Criminal Offenders in Law Number 1 of 2023 on the Indonesian Criminal Code

The Concept of Recidivism for Juvenile Criminal Offenders in Law Number 1 of 2023 on the Indonesian Criminal Code

IMPLEMENTASI PENYIDIKAN TINDAK PIDANA ILLEGAL LOGGING DI WILAYAH KABUPATEN TOJO UNA UNA

Deforestation is a phenomenon that needs to be addressed seriously to preserve the environment. One of the causes of deforestation is illegal logging activities in forest areas. The purpose of this research is to examine the impact of illegal logging, analyze the law enforcement process against illegal logging perpetrators and analyse obstacles in the implementation of law enforcement against illegal logging in Tojo Una-Una Regency. The research method uses empirical juridical research by using a conceptual approach and a case approach. This research concludes that the investigation of the crime of illegal logging in the Tojo Una-Una Regency area is carried out by Investigators at the Tojo Una-Una Police Station and Civil Servant Investigators of the Sulawesi Regional Environmental and Forestry Law Enforcement and Security Centre and obstacles in the implementation of law enforcement come from technical obstacles such as the difficulty of the terrain that must be traversed to reach the forest area, lack of facilities and infrastructure and lack of personnel at Tojo Una-Una Police Station and investigators of the Sulawesi Regional Environmental and Forestry Law Enforcement and Security Centre to carry out law enforcement duties against illegal logging crimes, as well as obstacles originating from the rule of law or legal substance, especially after the enactment of the Job Creation law.

State Coercive Power and the War on Cults in China

As a high-capacity authoritarian regime, China has made immense efforts to exterminate the Falun Gong and other “evil cults.” However, cult activities persist throughout the country. This article seeks to explain why the extensive government repression in China failed to achieve its goal of eliminating “evil cults.” By examining how economic reforms in China have created a relatively safe space for illegal activities, the article highlights the importance of going beyond a focus on the conventional coercive apparatus, and adopting a broad concept of coercive capacity for understanding authoritarian durability. State penetration facilitated by grassroots institutions provides a particularly important foundation for the regime’s coercive power. This study draws on a combination of quantitative and qualitative data. The quantitative study analysis uses a dataset compiled from 5,852 judicial cases in which 8,785 cult activities were prosecuted. The qualitative analysis is conducted as a case study based on fieldwork in a medium-size city in Hunan province.

Advances, challenges, and opportunities of forest concessions in the brazilian Amazon

The Public Forest Management Law (PFML), enacted in 2006, establishes the foundation for sustainable management of these areas through forest concessions. This study aims to analyze the advances, challenges, and opportunities of forest concessions in the Brazilian Amazon after 18 years of the PFML. Using a bibliographic and documentary review, the research explored various academic databases and sources of grey literature, as well as official documents and relevant legislation. The results indicate that the total area under forest concession in Brazil is approximately 188 million hectares, mainly concentrated in the state of Pará. However, this area represents only 14% of the established goal of 13 million hectares by 2020, highlighting a slow implementation of concessions. Extensive federal and state forest areas that are not designated can be accessed through forest concessions, helping to reduce illegal activities identified in these territories. Forest concessions are an alternative for the conservation of public areas, contributing to job creation and local income generation, as well as reducing deforestation and illegal logging. However, significant challenges persist, including bureaucratic complexity, high initial costs, legal uncertainty, and unfair competition with illegal wood. To overcome these challenges and maximize the benefits of forest concessions, it is recommended to simplify bidding processes and reduce bureaucracy, ensure a stable and predictable regulatory environment, diversify forest products by adopting multiple-use management, and strengthen governance and capacity building of local communities. Finally, it is urgent to conduct an evaluation of forest concessions as public policy to gain a clear understanding of the economic, social, and environmental benefits generated by the concessions compared to the financial and operational costs involved.

Unraveling Greek Inland Competitive Fishing: Historical Insights, Angler Profiles, and Motivations through Limited Data Integration in Recreational Fishing Research

This study delves into the realm of competitive sport fishing in Greece’s inland waters, where recent years have witnessed a notable surge in such activities. Despite the absence of official records, insights into the sport’s trend and the motivations and socio-demographic characteristics of anglers participating in fishing competitions were gleaned from digital data sourced from online platforms and interviews with anglers. Our findings illuminate the growing popularity of sport fishing in Greece, evident in the increasing number of fishing competitions and the burgeoning angling community. Predominantly male, anglers exhibit a strong dedication to catch-and-release practices, citing relaxation and socialization as primary motivations, with competitive aspirations also shaping their involvement. Moreover, the study highlights legislative gaps in inland water fisheries regulations, underscoring the need for updates to ensure sustainable management and to mitigate illegal activities. Additionally, there exists an opportunity to bolster anglers’ ecological awareness through targeted education initiatives. Ultimately, addressing these conclusions holds the potential to foster responsible fishing practices and contribute to the long-term sustainability of inland water fisheries.

Penggunaan Nessus dalam Mengidentifikasi Kerentanan Keamanan pada Perangkat Komputer

Information system security is one of the many things that must be considered in information technology management. Computer devices that have security vulnerabilities can provide loopholes that can be used by irresponsible parties to hack and carry out other illegal activities on vulnerable computers. Nessus is a security tool that can be used to identify vulnerabilities on computer devices. This testing aims to test the ability of Nessus as a tool used to identify vulnerabilities on computer devices. The research method used is Vulnerability Assessment. The collected data includes the types of identified vulnerabilities, the severity level of the vulnerabilities, and an explanation of the successfully identified vulnerabilities. The research results show that Nessus effectively identifies various types of security vulnerabilities on computer devices, including vulnerabilities in operating systems, applications, and configurations. Nessus can also assist in the mitigation process by providing recommendations for improvements that can be made. This research concludes that the use of Nessus can improve the security of computer devices.

Criminalidad dependiente de la trayectoria histórica: gobernanza criminal después de la desmovilización paramilitar en Cali y Medellín

Objective/context: After the paramilitary demobilization in Colombia, Cali and Medellín—major cities with a long history of political and criminal violence—saw a decline in violence despite the continuing operation of criminal groups. Yet, while Cali remained more violent than the national average, with criminal groups displaying less ability to regulate local affairs and security, Medellín became less violent than the national average and criminal groups engaged in more intensive governance. Methodology: I compare these cities using case studies constructed through fieldwork and interviews with security officials, NGO and social leaders, and former members of groups, drawing on my long-term, ongoing research engagement in both locations. Conclusions: The contrast between these cities exemplifies varied manifestations of post-conflict criminality. I argue that this variation in criminal governance is connected to the wartime balance of power, specifically, the level of territorial control and political connections armed groups had before the demobilization. Where control and political connections of paramilitary before demobilization were high, post-conflict crime groups were more likely to engage in governance behaviors. By contrast, disputed territories during wartime were likely to experience less criminal governance. Drawing on path dependence ideas, I introduce an overlooked mechanism through which wartime orders affect criminal behavior: learning processes inside and outside criminal groups. Originality: I show that to fully understand post-conflict criminality, it is crucial to consider armed actors peripherally involved in the war but essential for territorial control, whereas to understand criminal governance, the mid-ranks of armed groups and learning processes are crucial.

Enhancing port security in Taiwan by establishing security inspection procedure to combat Fisheries-Related Crimes

Fisheries-Related Crimes (FRC) pose a significant threat to any country’s national security, with illicit activities often concealed within the expansive and seemingly innocuous domain of fishing vessels. This paper explores the need to strengthen port inspection protocols to counteract illegal activities utilizing fishing vessels as conduits. The fishing vessel Inspection Criteria (ICs) were developed based on port inspection features and relevant literature. The Best-Worse Method (BWM) is then used to weigh those ICs, creating a new inspection checklist. Finally, based on the checklist, an improved inspection procedure is proposed. The results may provide government authorities and policymakers with practical information on effectively and efficiently conducting port security inspections on fishing vessels and preventing FRCs.

China's Legal Governance Approaches toward Safeguarding Its Maritime Rights and Interests

Ocean development is crucial for modern states, and the importance of safeguarding and developing ocean rights and interests is becoming increasingly apparent. Economic development relies on the ocean, as does national sovereignty, security, and interests. In addition, national political and military development also depends on the ocean. China has long been committed to safeguarding its own ocean rights and interests, while also actively promoting the development of the international legal order for the ocean. In terms of international legislation, the United Nations Convention on the Law of the Sea provides a legal basis for safeguarding ocean rights and interests and plays a regulatory role in the maintenance of maritime rights and interests for all states. In terms of domestic legislation, many ocean laws in China play an important role in safeguarding China's maritime security and ocean rights and interests. As an important part of the legal system for safeguarding ocean rights and interests, maritime law enforcement has practical significance in the application of national jurisdiction at sea. China's maritime law enforcement, centered on safeguarding ocean rights and interests, is carried out by the reorganized China Coast Guard, guided by domestic and international legal norms, and strictly combats illegal and criminal activities at sea through international cooperation to protect the sustainable development of marine resources and environment and to safeguard international maritime public security and order while guaranteeing ocean rights and interests. In terms of judicial practice, China has already used legal means to effectively safeguard ocean rights and interests in the areas of marine environmental protection, maritime rights protection, fisheries law enforcement, and maritime traffic safety.

Illicit Drugs, Organised Crime, and Violent Extremism: Addressing the Nexus, Countermeasures, and Implications

This article explores how illicit drug traffickers, organised criminals, and violent extremists interact along intricate pathways to perpetrate their illegal activities and recommends how security agents, especially the National Drug Law Enforcement Agency (NDLEA) can better tackle the activities of illicit drug racketeers linked to organised criminal groups and violent extremists. Against this backdrop, the article provides an analysis of the association between illicit drugs, organised crime, and violent extremism. The study was an exploratory research design, carried out in Tsafe Area of Zamfara State. It was conducted using a Key Informant and In-depth Interview. The research was conducted using the snowballing sampling method. Findings revealed that while efforts to curtail the phenomenon are ongoing, the linkages are getting stronger daily. Therefore, to combat the increasing activities of these organised criminal groups, the article recommends a multi-sectoral and “whole systems” approach using modern technology, and synergy among agencies of government, as well as non-governmental stakeholders, who have the wherewithal to support actions being undertaken by the government.

“Some Do it Out of Necessity, Others Because They Like Money and Others Because They Find it Easy”: Motivations for the Involvement of Women in Drug Trafficking in Peru

ABSTRACT Latin American feminist scholars have constructed valuable analyses on how structural inequalities, feminization of poverty, and patriarchy are the main reasons women get involved in drug trafficking. As the primary material and emotional providers of their families, and to fulfill their gendered responsibilities as reproducers of care, it has been shown that women participate in illegal activities mainly out of economic “necessity.” Nonetheless, this approach may create a homogeneous and passive imaginary of women involved in drug trafficking that is linked to Marianista femininity. The paper contributes to Southern Criminology in the task of constructing localized knowledge from the South. It aims to acknowledge women’s diversity to pursue a more nuanced perspective of women’s motivations and start to contextualize and analyze the concept of “necessity.” The paper analyses 22 interviews of women sentenced for drug trafficking in Peru and proposes six motivations for their involvement: (1) Strengthening autonomy and independence, (2) Pursuit of material-hedonistic fulfillment, (3) Desire for recognition and power, (4) Trust-based involvement, (5) Involvement driven by addiction, and (6) Involvement as unwitting participants due to deception. It concludes that the notion of necessity is influenced by class and territory, shaping women’s motivations and involvement in drug trafficking. Additionally, their motivations are not solely driven by economic needs but also by psychological and affective ones.

The role of cunning misrepresentations in entrepreneurial impression management

ABSTRACT This paper develops a dramaturgical theory of cunning misrepresentations, an important but previously unexplored aspect of entrepreneurial impression management. By cunning misrepresentations, we refer not to illegal activities such as fraud or corruption but rather impressions constructed during everyday interactions that actors (and their performance team) know to be false or misleading, such as small exaggerations, white lies or tall stories. We examine three vignettes from an ethnographic study of small business owners. Our analysis reveals three types of cunning misrepresentation: pretending, exaggerating and embellishing. We outline the contribution of our theory of cunning misrepresentations for the study of everyday entrepreneurial impression management and discussing the methodological implications of studying the relationship between the frontstage (when the audience is present) and the backstage (when the audience is absent).

Unveiling the marvels of biodiversity: recent advancements in conservation efforts

This article explores recent advancements in biodiversity conservation, emphasizing the pivotal role of technology in addressing the challenges posed by climate change and the increasing threats to various species. The first section examines technological marvels such as artificial intelligence (AI), remote sensing, and genetic technologies that have revolutionized biodiversity conservation. AI and big data, when integrated, empower scientists to analyze vast datasets efficiently, predict ecological patterns, and recommend effective conservation strategies. AI, remote sensing, and genetic technologies are revolutionizing biodiversity conservation. Examples include AI for wildlife monitoring and species identification, satellite imagery for forest and coral reef health, DNA barcoding and eDNA for species detection, and genetic rescue programs. Integrated approaches combine these technologies for effective habitat and species conservation, improving efficiency and outcomes. Meanwhile, remote sensing technologies, including satellites and drones, offer real-time data on ecosystems, aiding in habitat mapping, species distribution monitoring, and detection of illegal activities. Genetic technologies, like CRISPR-Cas9, hold promise for species resilience, albeit with ethical considerations. In the second section, the article discusses sustainability in conservation efforts, emphasizing the importance of community engagement and the preservation of critical habitats. Collaboration with local communities ensures cultural alignment, while a focus on entire ecosystems, rather than species-specific interventions, maintains biodiversity balance. The third section explores the role of biodiversity in climate change mitigation and as a human life savior. Biodiverse ecosystems act as carbon sinks, contributing to climate change mitigation. Additionally, biodiversity proves to be a valuable source of medicinal compounds and supports global food security by providing diverse crops, livestock, and aquatic species. The article concludes by envisioning a harmonious coexistence between humanity and the diverse species that share our planet. By leveraging technological advancements, engaging local communities, and prioritizing ecosystem preservation, we can strive for a sustainable future where biodiversity flourishes, providing ecological, economic, and cultural richness for generations to come.