Political Crime Research Articles

The Role of the State in Preservation of the Law in the Works of Police Scientists

Introduction. The relevance of this scientific article is due to the fact that the problem of law
 enforcement is directly related to the protection of the rights and freedoms of the individual, the successful
 development of individual social groups and society as a whole. Purpose. The authors set a goal to analyze the
 views of such researchers as R. von Mol, N. Delamar, I.T. Tarasov, I.E. Andreevsky, V.F. Deryuzhinsky,
 N.N. Belyavsky, V.M. Hesse and others on a number of major problems: the tasks of the police in law
 enforcement, the correlation of concepts: “law and order” and “deanery”, measures of police control and
 supervision, issues of combating criminal and political crime. Methodology. In preparing the scientific article, a
 system of methods for studying legal reality was used (general scientific methods: synthesis, analysis,
 deduction, induction, system-structural method; private scientific methods: dogmatic method, historical and
 legal method, comparative legal method, chronological method, retrospective analysis method). Results. In
 the course of the research, it turned out that for police scientists, the idea of the decisive role of the state in
 protecting the rule of law is characteristic. Conclusion. In their writings, police scientists emphasize the idea
 that the role of the state in the protection of the rule of law lies in the multifaceted activities of the police
 authorities, performing the protective function of the state. The concept of law and order during the study
 period was inseparable from the term “deanery” and constituted its legal basis. The goal of the state in the
 representation of power and society XVIII – beg. XX centuries there was an idea of a common good, repeatedly
 proclaimed both in legislative acts and in the writings of police researchers.

Does the end justify the means? The FARC and drug trafficking as a related crime

The use of drug trafficking as the main funding source of The Revolutionary Armed Forces of Colombia (FARC) led to its consideration in the Havana peace talks. If its rebellion was financed by drug smuggling, this would compel the Special Jurisdiction for Peace to consider it as a related crime to political crime in the Final Agreement’s framework, prompting the question, is it legally possible to consider drug-trafficking a related crime? This article is structured into five sections. The first, historically describes the context in which the armed conflict evolved. The second discusses the theoretical relationship between drug trafficking, international conflict, and international law. The third analyzes the concepts of political crime and related crime according to doctrinal debate. From a legal stance, the fourth validates if drug trafficking constitutes a related crime. From these, conclusions are drawn.

The Transnationalisation of Criminal Law in the Nineteenth and Twentieth Century. Political Crime, Police Cooperation, Security Regimes and Normative Orders

The Transnationalisation of Criminal Law in the Nineteenth and Twentieth Century. Political Crime, Police Cooperation, Security Regimes and Normative Orders

POLITICS OF NGOS IN POLITICAL CRIMES

Non-governmental organizations, which today are seen as a manifestation of participatory criminal policy, play an important role in the realization of victims' rights in most crimes, which is known as the policy of the Samans; But the question is, can this also play a role in political crime? Political crimes, which have been widely defined, can have broad meanings, and political crimes in the present article refer to crimes that are in conflict with the basis of the revolution. And as a crime under specific and general laws provided by law; therefore, in this type of crime, which is also a specific crime and is often unforgivable, and until they have a private aspect, the Samans must examine how the Samans can intervene. However, in addition to the supportive aspect of the Samans, it can be stated that the Samans can act in their other role as the declarants of a political crime, which the legislature also mentioned in Article 66 of the Criminal Procedure Code adopted in 1392. And although the obvious feature of the Samans is their non-profit and non-political nature.

Political arrests of women under fascism: gender and the special tribunal in Italy 1926–1928

This article analyzes the spatial and temporal patterning of women’s arrests for political crimes during the first period of the fascist regime in Italy from 1925 to 1927. A key element of the fascist dictatorship was the creation of the Special Tribunal for the Defense of the State. A focus on the Special Tribunal opens a window on the fascist gender political because this court focused exclusively on political crimes. Using archival data and spatio-temporal analytic techniques this research indicates a complex pattern. Women were arrested at far lower rates than men with very little spatial clustering. Also, the cases of arrested women were dismissed or transferred to the ordinary criminal courts at a much higher rate than those of their male counterparts. Overall, the Special Tribunal seems to have been more lenient with women than with men, although those women whose cases remained in the tribunal seem to have been treated much like the men in terms of sentencing and incarceration. Women and men were both subjected to long periods of surveillance after they were released from court or prison. Once arrested, both women and men might spend many years in prison, exile, or under surveillance irrespective of whether they were judged innocent or guilty. This was an important moment for Western history because this new model of society and state has been consequences also in others totalitarianism raising questions about the treatment of women in other authoritarian regimes in twentieth century Europe and beyond.

DEKONSTRUKSI KOMUNIKASI POLITIK PADA PELAYANAN E-COMMERCE (PERSPEKTIF ANALISIS WACANA KRITIS FAIRCLOUGH)

Deconstruction of Political Communication on E-Commerce Services (The Perspective of Fairclough’s Critical Discourse Analysis). This research is motivated by crime issues that have developed into various social crimes, such as cyber crime, psychological crime, economic crime, and political crime. In the digital era, the crime of political communication is new because this form of crime is sublimated in e-commerce which tends to appeal to all E-Commerces. Critical discourse analysis offers a critical perspective in addressing the latest phenomena facing humans in the E-Commerce. Specifically, the phenomenon of technology whose development is increasingly fast and uncontrollable. The purpose of this study is to reveal various forms of political communication crime through critical discourse analysis. The method used in this research is the library method. The results showed that the crime of political communication in the E-Commerce occurred through the medium of the Digital Market as a medium of political communication.

The Extent to Which the Textbooks of Islamic Culture for the Secondary Stage (11-12) in the Hashemite Kingdom of Jordan Include the Types of Crime: درجة تضمين كتب التربية الإسلامية بالمرحلة الثانوية (11-12) في المملكة الأردنية الهاشمية لأنواع الجريمة

This study aimed at identifying the extent to which the textbook of Islamic culture (the first level, the second level, and the third level) include the types of crime in the Hashemite Kingdom of Jordan. The study used the descriptive analytical approach. The study tool which was developed consisted of (44) crimes and was divided into five domains according to the crime type. The study sample consisted of all the textbooks of Islamic culture for the secondary stage (the first level, the second level, and the third level). The study results showed that the crime total frequency was (147) distributed to the five domains. The economical crimes domain was in the first place with a frequency of (68) and a percentage of (46%). The societal violence crimes were in the second rank with a frequency of (29) and a percentage of 20%. The sexual crimes and political crimes were in the third rank with a percentage of (16%), while the electronic crimes were in the last rank with a percentage of (2%). In the light of the results, the study concluded with a number of recommendations and suggestions about including more crimes and the proper solutions for them.

GABIDEN KULAKHMET'S NOVEL "WOLF WITHOUT A PACK": SOCIAL AND DOMESTIC PROBLEMS, CHRONICLE OF CRIMES

The article examines new researches conducted on Kazakh prose after the period of independence, the specific development of the novel genre. The article analyzes the themes of modern times and the development of modern problems in prose. These questions are considered based on the novel "Wolf without a pack"by Gabiden Kulakhmet. The novel depicts social and domestic problems of the 90s as the main problem, and it analyzes the role of modern realities based on the artistic image of contemporaries. The article highlights the issues of the living conditions of the Kazakh people during the years of stagnation: problems of corruption, the criminal world, political crimes, ethnic conflicts, etc .

FRONTIER AS A CATEGORY OF CRIMINOLOGICAL DISCOURSE

The significance of frontiers has been actualizing in the modern world as border zones, in which there is a diffusion of social and group differences, interaction of cultures, narratives, clash of civilizations. These areas are filled with conflicts of diverse nature, genesis, reproduction of which often contains significant criminogenic potential, manifested frontal crime. They have not as much a physical spatial, geographical, as a socio-temporal dimension, the spaces of existence of which unfold in the sphere of discourse, thinking, and are provided with an extensive, global telecommunication infrastructure.
 The purpose of the article is to establish, describe and explain the content of the category «frontier» as an element of criminological discourse.
 The frontier is defined as a border and borderzone between cultures, epochs in the actual calendar, physical time; it is a place of active interaction, clash of civilizations, cultures; the opposition, determined by the state of struggle, implicitly presupposes expansion and protection, a state of hostility, anxiety, and sacrifice. Frontier crime is a type of crime determined by conflicts in the area of social frontiers. Specific evidence of committing frontal crime: 1) it’s a conflict of identities; 2) has a political and/or religious motivation, however security-dominant and solidarity motivation; 3) aggressive and violent in nature; 4) depends on historical and/or religious-dogmatic (fundamentalist) consciousness, relies on the mechanisms of postmemory, radicalized discourse, actualized memes, symbols. In the global dimension, the implementation of frontal crime is explained by the mechanisms of the development of conflict between cultures. In the national – there have been identified three types of frontier crime: transitive, immanent, and postmodern anomie.
 Operating the frontier as a category of criminological discourse provides opportunities for a deeper study of the determination of political crime in Ukraine, as well as for the development of strategies for general social development (including in the context of combating crime) taking into account the socio-cultural frontier. Perspective areas of criminological research of the frontier is the study of the influence of the border and cross-border on the promotion of extremism, terrorism, taking into account its importance while designing and implementing the concept of transitional justice, as well as the peculiarities of constitution of frontier identity as an anti-criminal basis.

EL ASILO DIPLOMÁTICO Y EL CASO ALAN GARCÍA

El asilo diplomático o político constituye una institución relevante dentro delsistema universal de protección de Derechos Humanos y libertades fundamentales. Sibien se regula básicamente en América Latina, también existe cierta práctica en el restode los países del mundo, aún cuando en principio no se le conceda reconocimientojurídico. En este sentido, el asilo diplomático es una contribución que realiza AméricaLatina, en el marco del Derecho Internacional Americano, a los Derechos HumanosInternacionales y al Derecho Internacional en general. Si bien se concede el asilodiplomático por motivos de persecución política, en el caso de Alan García, Uruguay hadenegado este asilo pues no existían delitos políticos. La finalidad de este artículo serápresentar algunos conceptos básicos sobre el asilo diplomático y el caso de Alan García,donde fue denegado dicho asilo por tratarse de investigación por delitos comunes.

CRIMINOLOGY - SECURITY THREATS AND CHALLENGES NOWDAYS

The authors seek to highlight the modernity of studying various issues in criminology and their inter-relatedness to the fields of social sciences and humanities in general, such as sociology, criminology, security, and all deal-related, often opportunistic, "Interlaced" phenomena. Related issues have been studying the relevant safety facts and science that are incorporated in them, not mutually exclusive items related observation, rather than grouping them in one goal - preventing social negative social phenomena. The authors give special attention to the determining of the concept of a political crime, and terrorism. Crime, delinquency - occurs whenever a gain of three quintessential elements of their existence: the victim, the offender and the place of execution. Accordingly, the basis for the philosophy of prevention consists in disrupting or disabling synergies of these three elements. While the idea of crime prevention may be an unattainable ideal, a lot can still be done in an efficient process minimizing the occurrence of crime.

POLITICAL CRIME IN POLISH SYSTEMIC CONDITIONS IN THE 20TH CENTURY

Political offences are a specific ‘set’ of prohibited acts listed by the legislator, undertaken by the perpetrator in specific political and normative conditions, and determined by the shape of the state’s political system. The legislator in the Penal Code of 1932, 1969 and 1997, as well as numerous non-code criminal law acts (e.g. in 1928, 1934, in the years 1944–1946), distinguished acts directed against a state that have features of criminal acts of a political nature. In the period of the Second Polish Republic, despite changes to systemic conditions in 1926, the state's attitude towards these prohibited acts have yet to be uniformly assessed. The first normative act defining the perpetrator's action against the state was the Regulation of the President of the Republic of Poland against espionage of 1928. After 1944/1945, the term ‘counter-revolutionary crime’ emerged in the doctrine of communist criminal law. Counter- revolutionary action was explicitly treated as a political crime. Systemic changes in 1956 significantly modified the interpretation of this act prohibited by law enforcement and judicial authorities, but until 1989, the legal status set out in the Criminal Code of 1969 remained. After 1956, the interpretation of political provenance changed, however the code solutions introduced in the system remained in force. Yet, after the turn of 1989, in the new normative and political reality it was necessary to refer the legislator to acts (political) committed under the previous system, consistent with the legal norms of that time but classified in new legal and political circumstances as crimes committed on behalf of state organs or as state crimes. Similarly, it turned out that the legislator had to respond to acts committed in the previous system and considered illegal; however, after the system was changed in 1989, they were already treated as acts directed towards the Polish state. In the Penal Code of 1997, the catalog of acts directed against the state, which are described as political crimes, was stipulated inarticles 127–137.

TOLSTOY'DA SUÇUN TOPLUMSAL NEDENLERİ, AYDINLANMA FELSEFESİ VE MARKSİZM: DİRİLİŞ ROMANI ÖRNEĞİ

Some obvious traces of the Russian social structure in the 19th century can be found in “Resurrection”, as well as Tolstoy's evaluations on human and social philosophy. These evaluations can be summarized as follows. “Resurrection”, first of all, puts emphasis on the material social foundations of the phenomenon and asserts that it is not possible to fight against the phenomenon without addressing these foundations. In this regard, Tolstoy supported in advance the Chicago school's theoretical approaches that attach importance to the relationship between and environment in the field of criminal sociology. Secondly, the novel discusses the Enlightenment philosophy and the rationalism-based educational process of the broad masses of society in terms of class. According to the author, freeing the oppressed and poor peasants from superstitions and making them able to look at nature and society from a rational perspective are not a development that the dominant classes desire. In contrary, they see this as a threat to the continuation of the existing social order. This is why the dominant classes actually oppose the enlightenment process and rational education. The points made by Tolstoy in this regards are similar to those by the Turkish socialist-realist writers such as Sabahattin Ali, Fakir Baykurt, Orhan Kemal, and Mahmut Makal. Thirdly, “Resurrection” examines the institutional relations in a social structure with the Marxist methodological approach and, again, in terms of class. According to this consideration, contrary to popular belief, objective of laws is not to secure justice but to consolidate the interests of the dominant classes. For example, in Russia, the thoughts and actions dedicated to reorganizing the social order for the benefit of the lower classes are considered as political crime and other ordinary crimes created by the social order as real crime. In conclusion, it can be asserted that Tolstoy was influenced by the Marxist methodological approach and the humanist and socialist thoughts, and looked at the social structure in Russia at that time through the eyes of the people who lived on labor.

Символ Порядка Или Знак Раздора? о Случаях Надругательства Над Изображениями императора И Членов Его Семьи (На Примере Северо-Западного Края)

The article examines sixty-four cases of defamation of images depicting members of the Romanov dynasty between 1884 to 1914, found in the files of the Vilna Circuit Court whose jurisdiction included Vilna, Kovna, Grodna, and Minsk provinces. Russian imperial law classified verbal or physical assault on the tsar's portrait as a political crime, along with other forms of "insult of the emperor." Although public disrespect of royal portraits accounted for a small fraction of all the registered acts of lèse-majesté, the studied cases offer a unique perspective on the semiotics of power in the Northwest Region of the empire and expose the attitude of its multicultural population to the supreme authority. These cases also suggest a fairly wide proliferation of the tsar's portraits in the region. A portrait of the monarch was a mandatory symbol of state authority in public places, but this was by no means the main usage of the royal portraits. Ordinary people – peasants, workers, and small traders – bought lithograph images of the emperor to decorate their private quarters. As the author elaborates based on her cases, their motives were not so much political and ideological as pragmatic. She concludes that, in the Northwest Region, at the turn of the twentieth century owning a tsar's image was an integral part of the popular legal culture and practice.

Специфіка та концептуалізація соціально-психологічного підґрунтя ефективної градації тематичного розмаїття журналістського розслідування

At present a journalistic investigation is one of the most popular genres of journalism. At the same time it is the most expensive and the most valued. An investigation requires a journalist to search constantly for relevant resonant topics, sources of information, in the unsafe work conditions. Additionally, the investigators often lack a moral satisfaction of their work due to some reasons. Specifically, revelations produce some certain public feedback, but usually there are no constructive reactions from social institutions. This article aims to study ideological and topical gradation of quality journalistic investigations, as a component of the creative process and social and psychological basis of the investigator’s media experience, outlining the basic concepts of intensification and effectiveness of the modern resonant investigation. Research methodology is a combined system of methods, including communicative-rhetorical and search methods, with the elements of semiotics and media analysis; method of functional―structural and stylistic analysis, as well as conceptual approach of the author. Research findings and conclusions. The paper presents a diverse vision of the journalistic investigation thematic choice through the prism of social order and resonance. The detailed gradation of ideological and thematic directions of the investigations in the context of unity of regional and all-Ukrainian investigative texts of different types of publications has been presented. It has been proved that a variety of topics, ideas and concepts has their action components, certain structural features, characters (e.g., protagonist and antagonist), specifics of the main interview, set of source tools, response and audience. We differentiate topical variety of investigative texts, present their analysis, and illustrate them with relevant examples. We conclude that at present investigative texts in Ukraine could be classified as follows: portrait, social, corruption-related, political crime, historical mysteries, criminal, economic, ecological, sport and art-related investigations. Keywords: journalistic investigation, investigative text, storytelling, experimental and practical socio-triad, stirring up of readers’ interest.

Mea culpa e autopunição: o colaboracionista em Não falei, de Beatriz Bracher, e o desertor em Azul-corvo, de Adriana Lisboa

Resumo Este estudo comparativo entre as obras Não Falei (2004), de Beatriz Bracher, e Azul-Corvo (2012), de Adriana Lisboa, tem por objetivo analisar representações dos mecanismos de transferência de responsabilidade do Estado aos cidadãos comuns pelos crimes de lesa humanidade cometidos durante o período de Ditadura Militar no Brasil. Apoiados no pensamento de Žižek (2012), observamos como os indivíduos, através dos papéis de delator e desertor, são responsabilizados pelos atos de “violência subjetiva” cometidos pelo regime, desconsiderando-se uma “violência sistêmica” primordial. Retirados de um contexto lógico causal, esses atos são igualados e julgados fora do sistema jurídico, analisados dentro das esferas pessoais, segundo apreciações morais e afetivas. À luz das reflexões de Ricœur (2000) sobre os abusos do esquecimento, veremos como a “Lei da Anistia” solidifica esse processo alienante que, em prol da criação de uma “unidade imaginária” nacional, dilui todos os crimes políticos na amálgama uniforme do perdão. O conceito de “memória subterrânea” de Pollak (1993) nos ajudará a observar o abuso existente também no dever de memória, por forçar a penetração do coletivo no invólucro das memórias individuais. Mostraremos, por fim, como o imaginário, ponto de contato entre a literatura e a história, segundo White (1987), revela-se um recurso essencial para lembrar ou esquecer livremente, acolhendo essas “memórias subterrâneas”.

The Staging of the Hidden: Interrogating an Ambivalent Response to a Crime Against Humanity

In December 2018, a former member of a white supremacist group and perpetrator of a violent crime, Stefaans Coetzee participated in a panel discussion at a reconciliation conference in South Africa. In 1996, Coetzee was a key executioner of a bombing which killed four people and injured 67. After pleading guilty, Coetzee was sentenced to 40 years in jail and 20 years later, he was released on parole. Thirty years earlier, 25 black South Africans were convicted of the “necklace” murder of a black policeman. Fourteen of the 25 were sentenced to death. On appeal, a majority of the murder convictions were overturned and all the death sentences commuted. Drawing on these two cases, this essay explores contrasting responses to engaging with perpetrators of political violence through the lens of implication. It examines the shifting boundaries of legitimacy in the realm of political crime and analyses the underlying influences and imperatives of accountability for crimes against humanity committed under apartheid and in a nascent post-conflict state.

The Special Corps of Gendarmes in the system of organization the investigation of political crimes in the Russian Empire in the 1870s: between observation and investigation

The Special Corps of Gendarmes in the system of organization the investigation of political crimes in the Russian Empire in the 1870s: between observation and investigation

Patagonian Strikes, Anarchism, and a Radical Sacrifice

In the present article, we analyze the death of Pablo Schulz -based on Osvaldo Bayer’s meticulous narration in his research on the Patagonian strikes of 1920-1921 and Hector Olivera’s film rendition- in the light of the traditio-nal conceptions of anarchism and cultural critic Terry Eagleton’s most recent theological-political elaborations. We argue that Schulz’s death is not only part of the anarchist way of facing the inevitable fate, but it must be understood rather as a “radical sacrifice”, that is, a sacrifice that denounces State violence, unmasks a political crime and makes an emancipatory gesture when the victim becomes the agent of their own martyrdom and thus reverses the power relations between the oppressors and the oppressed.

Transitional Justice and the Effects of Limited Transitions: The Spanish and Catalan Case

In this paper I want to analyze the process of transition to democracy, particularly in relation to two points: the lack of solution to the problem of autonomous government and the lack of lustration in the judicial system, leaving extremely conservative judges who are now at the top of the Spanish judiciary and who seem to be pushing for a hard response to any attack against the unity of Spain, using an old category of criminal offence, that seemed to have been left out from European criminal justice systems: that of political crimes.