Criminal Cases Research Articles

법적 판단에서의 증거평가 차원: 다차원 척도법 및 펴기의 적용

The purpose of this study was to explore the dimensions that laypersons use to evaluate evidence presented in criminal cases and to determine whether the dimensions differ according to legal decision using rankings of the importance of evidence. Multidimensional scaling was performed using the proximity matrix generated from the entire data set, and it was found that laypeople are likely to evaluate evidence according to the legal party from which it was presented (Dimension 1), while Dimension 2 may reflect the sequence of events or the objectivity of the evidence itself. The multidimensional scaling configurations for the guilty and not guilty decision were similar to the configuration of the total data, but the clustering of the evidence and the meaning of the dimensions tended to be clearer in the guilty decision configuration. When comparing vector model configurations of multidimensional unfolding using ranking data, no evidence or dimension was observed to be particularly important to those who were pro-defendant, but a majority of those who were pro-prosecution people valued the defense's evidence. Although this study is exploratory and has limited generalizability to laypersons' evidence evaluation dimensions, it is expected to provide essential knowledge for systemic understanding of the jury decision-making process.

The basic pattern and realization path of rights appeals in influence criminal cases in China

本研究通过文献分析法、案例分析法和实证分析法，揭示权利诉求在中国影响性刑事案件中的具体特征，深入剖析权利诉求的实现样态及问题所在，并为权利诉求的实现路径提供完善方案。研究发现，公权力问题如公权力滥用和公权力缺失、司法问题如冤假错案和公权力干预司法、社会问题如道德失范、身份对立是个案折射的主要现实问题，而个案折射现实问题的背后是公众要求规范、限制公权力和司法权进而保障自身权利的诉求表达。在此基础上，部分权利诉求虽然在司法、制度上得以实现，但亦暴露出代价过大、耗时过长、背离法治轨道等缺陷。为更好实现权利诉求，本研究提出了可行性建议，包括规范公权力以提前保障权利诉求，优化司法认定以主动回应权利诉求和强化法治信仰以更好引导权利诉求。这些发现，对进一步了解权利诉求，保障其合法、合理实现具有现实意义。

A Stability Study of Atropine in Post-Mortem Peripheral Blood and Liver at -20°C, +4°C, +10°C and +20°C Over 12 Months. Peripheral Blood and Liver Concentration Ratios

At the judicial inquiry of a criminal case involving atropine, we were required to carry out toxicological analyses on a body exhumed 31 months after death. It was obviously not possible to take samples of peripheral blood or any other fluid at the autopsy of the victim.

Legal Efforts for Owners to Regain Their Certificates Related to the Criminal Case of Embezzlement of Land Certificates by Notaries

In Indonesia, every land right, management right, waqf land and ownership right to a condominium unit are registered by recording them in a land book, which contains physical data and legal data of the land area in question and as long as there is a measurement letter, which is also recorded in the measurement letter. Normative research method. Civil Code (KUHPerdata) Article 1866 KUHPerdata: States that the legal owner of a land right has the right to prove his ownership. In cases of embezzlement, the owner can use legal proof of ownership to file a claim. Article 197: Regulates the restoration of lost rights, which can be used as a basis for filing an application for restoration of rights to embezzled certificates. Law No. 5 of 1960 concerning Basic Agrarian Principles (UUPA): Article 1 Paragraph (1), Article 37, Article 672. Government Regulation No. 24 of 1997 concerning Land Registration: Article 1 Paragraph (1). PP NO. 18 OF 2021: a series of activities carried out by the Government continuously, continuously and regularly including the collection, processing, bookkeeping and presentation as well as maintenance of physical and legal data from each plot of land owned by the community, legal entities and government agencies. In its implementation, the definition above is carried out based on the principles of simplicity, safety, affordability, up-to-date and openness. Basically, the issuance and cancellation of land title certificates can be done in two ways, namely cancellation due to a court decision and cancellation carried out by the BPN itself. because the court decision only assesses the validity / does not have legal force, while the cancellation of the certificate is the authority of the BPN, are two different things.

The police investigation is illegal and illegitimate

The Public Prosecution Service, which is the exclusive holder of public criminal action and external control of police activity, among other duties, and the police are responsible for investigating criminal offenses. That said, the aim of this research is to demonstrate that the Public Prosecution Service has been treated as a mere opinion-forming body in criminal cases, given the understanding of criminal judges and also of the Legislative Branch, contrary to the Federal Constitution of 1988. In this regard, the Code of Criminal Procedure places the Public Prosecution Service in a situation of non-ownership in the conduct of cases, through various provisions of this code, when, notably, it allows the criminal judge to superimpose his decision on the theses of the Public Prosecution Service. As far as the legislative branch is concerned, the enactment of laws still does not respect the 1988 constitutional provision on the role of the Public Prosecution Service. In addition, external control of police activity must guarantee the constitutional legality and legitimacy of the greatest instrument for investigating crimes, the Police Inquiry, according to Article 129, VII of the Brazilian Federal Constitution. The absence of external control compromises the quality of evidence and the effectiveness of criminal justice, confirming the urgent need to implement regulatory mechanisms that ensure efficient control of police activity, resulting in improvements in public safety and, above all, in the legitimacy of the Brazilian justice system.

A Pragma-Logical Analysis of Manipulation Strategies Used by American and Arabic Attorneys in Selected Criminal Trials

This study is devoted to investigate the defense of American and Arabic attorneys from a pragma-logical perspective. It is hypothesized that manipulation is a dangerous pragmatic act which is practised by them when defending their clients in criminal trials. Therefore, this study aims to prove that their defense contains arguments which do not agree with the proof standard of criminal cases. Such a proof requires them to present logical evidences beyond a reasonable doubt to persuade the members of the jury that their clients are innocent, or at least they have logical reasons which led them to commit their murders. To achieve the aims of the study, six arguments are chosen for analysis. The first three are advanced by the American defense attorney Robert Rogers. The next three are advanced by the Arabic defense attorney Mustafa Ramadan. Their defense is analyzed qualitatively and tested according to the pragma-logical criteria discussed below. The results show that they both resort to different argumentation schemes, different logical components, and different logical fallacies. These differences indicate that their arguments are fallacious and serve a pragmatic manipulative intention.

Divergent interpretations of child abuse in legal judgments: perspectives from clinicians and forensic experts

BackgroundChild abuse in Taiwan is a major societal concern that severely affects the well-being of children. Despite the complexity in detecting abuse, reports of child abuse are increasing, evidenced by a rise in cases and heightened awareness. This study utilizes judicial judgments as a lens to understand the varied interpretations of child abuse by clinical and forensic experts and explores the broader epidemiological trends of such abuse within the declining youth population of Taiwan.MethodsWe conducted a retrospective study by analyzing official court judgments on child abuse allegations judged from 2008 to 2022 from the online database of Judicial Yuan. Furthermore, the study analyzed demographic factors, injury patterns, and opinions from various experts.ResultsThe results reveal that severe criminal cases of child abuse predominantly involve biological fathers as the primary offenders and physical abuse as the most common form of maltreatment. Victims are typically aged less than 5 years, which frequently leads to an unfavorable prognosis. Analysis also highlights the TEN-4-FACESp acronym as a highly predictive indicator of child abuse and underscores the prevalence of abusive head trauma (AHT). Moreover, the findings emphasize ongoing disparities in opinions between forensic medical examiners and clinical physicians, especially in AHT cases, which potentially influences judicial decisions.ConclusionsIn summary, the study reveals ongoing disagreements between forensic medical examiners and clinical physicians, especially in cases of AHT, which may impact judicial decisions. Promoting consensus through interdisciplinary collaboration and improved communication can aid in revealing the truth in child abuse cases.

Prospects for the Application of Unexplained Wealth Order in the Forfeiture of Assets Proceeds of Corruption in Indonesia

This research focuses on discussing two things, namely (1) how the legal politics of regulating asset forfeiture for corruption crimes in Indonesia and (2) what are the prospects for applying the unexplained wealth order in asset forfeiture for corruption crimes in Indonesia. in this study it was found that: first, the legal politics of asset forfeiture for corruption crimes in Indonesia is still mainly oriented towards the process of asset forfeiture based on conviction, asset forfeiture can only be carried out if there is a judge's decision that is legally binding. However, if in the course of a criminal case there are difficulties in proof, the defendant dies in the judicial process, and after a court decision with permanent legal force it is known that there are assets or assets owned by the perpetrator that are the proceeds of crime, a civil lawsuit can be filed. however, it is different from the concept of unexplained wealth contained in the Criminal Asset Forfeiture Bill which has a broader dimension of civil filing. And the filing of a civil lawsuit is not an alternative to the criminal justice process. Asset forfeiture lawsuits through the criminal process can be filed before, during and after criminal judgements, in order to avoid obfuscation and the disappearance and conversion of assets resulting from corruption crimes. Secondly, the prospect of implementing unexplained wealth in Indonesia has existed through the establishment and drafting of the Criminal Asset Forfeiture Bill. However, this bill is not equipped with the obligation to reverse the burden of proof, which is identical to the proof of ownership of assets contained in the Anti-Corruption Law. In the future, it is necessary to equalise the reversal of the burden of proof that should be carried out by the owner of the asset to facilitate the proof process and assist the legal apparatus.

ОБ УТОЧНЕНИИ ПОДСЛЕДСТВЕННОСТИ ПО УГОЛОВНЫМ ДЕЛАМ ЗА УНИЧТОЖЕНИЕ ИЛИ ПОВРЕЖДЕНИЕ ИМУЩЕСТВА ПО НЕОСТОРОЖНОСТИ

The article considers the actual problems of forming a correct legal conceptual and categorical apparatus used in Russian legislation regulating responsibility for activities that create increased danger to others. The methodological basis of the analysis carried out by the authors is the dialectic of legislative and law enforcement activities in their contradictory unity and the desire to achieve maximum meaningful purity of legal categories introduced into circulation, using the example of article 168 of the Criminal code of the Russian Federation. The authors propose specific formulations of the criminal law norm prescribed in article 168 of the Criminal code of the Russian Federation and their justification, which makes it possible to clarify the jurisdiction attributed to the competence of the investigators of the state fire supervision of the federal fire service of the State fire service of EMERCOM of Russia in criminal cases for the destruction or damage of property by negligence.

The Testimony of Suspect and Accused Individuals as Evidence in Criminal Proceedings

Recently, the issue of providing evidence in criminal proceedings has gained significant relevance. The outcome of a criminal case heavily relies on the accuracy and clarity with which evidence is presented. This article examines a specific type of evidence: the testimony of a suspect or accused, highlighting its unique features. Notably, the legal definition of the subject of such testimony is not explicitly outlined in the law. Furthermore, it is important to recognize that the legislative regulation of testimony differs from the procedural status of the individual being interrogated. Interestingly, the legislator assigns less legal weight to the confession of the accused compared to other forms of evidence. Three levels of the subject of proof in criminal cases were identified. In conclusion, it is emphasized that a clear distinction must be made between the content of testimony subject to proof in a criminal case and the information required to substantiate only the procedural circumstances of the case.

The Principle of Audi and Alteram Partem in The Process of Proof in Criminal Cases (Analysis of Decision Study No. 123/PID.B/2022/PN YYK)

A decision is a legal product issued by a judge in resolving a case presented at trial. A decision must reflect a sense of justice obtained from the facts revealed at trial and compliance with existing laws and regulations. Legal considerations in a decision aim to explore the facts revealed in the trial based on the principle of audi et alteram partem which must exist and be the basis. The application of audi et alteram partem aims to ensure that the panel of judges carefully listens to the arguments and facts put forward by both parties, namely the public prosecutor (JPU) or legal advisor. Therefore, the aim of this research aims to describe how the panel of judges examined case Number 123/Pid.B/2022/PN Yyk by applying the principles of evidence in the Criminal Procedure Law. To answer these legal problems, this research uses a combined research method of normative and empirical data with data collection methods by conducting interviews and literature reviews. The research results show that the panel of judges who examined case Number 123/Pid.B/2022/PN Yyk were assumed to have ignored the principle of audi et alteram partem in their decision. This principle of balance (justice) has not been fully fulfilled, because the evidence in the trial has not reached conformity, thus making the defendant position weaker.

«Simple» Criminal Law Measures to Combat Organized Crime and Consequences of their Application

Effective criminal law measures to counter organized crime should be based on an adequate understanding of this phenomenon and should comply With the principles, approaches and traditions of the national legal system. The disposition of the article 210.1 «Occupying the highest position in the criminal hierarchy» introduced in the Special Part of the Criminal Code of the Russian Federation is excessively concise and does not correspond to the fundamental principle of legal certainty of criminal law norms. Despite the declared successes in its application, the practice of judicial review of criminal cases of crimes is ambiguous. In addition, the conviction of a «thief-in-law» («criminal lord») and his incarceration does not deprive him of either a criminal «title» or real power in the criminal world. The low effectiveness of criminal law measures is explained by the fact that the «thieves’ world» and its criminal hierarchy headed by «thieves-in-law» are neither a criminal community (criminal organization), nor an organized group or any other form of complicity listed in Article 35 of the Criminal Code of the Russian Federation. It is proposed, having eliminated terminological redundancy, to call it a criminal community, in contrast to the forms of complicity provided for in Part 4 of Article 35 and Article 210 of the Criminal Code of the Russian Federation that are more correctly called criminal organizations. The paper defines a criminal community in its new understanding, and proposes a set of criminalized acts to effectively counter this phenomenon.

Pedagogical aspects of professional criminal liability of physical education teachers

The article considers the existing problem of the need for legal protection for mandatory workers in the field of physical education. This category of employees includes physical education teachers of state-owned secondary schools, since the Law on Physical Education and Sports, Article 26 (Physical Education in the Sphere of Education), states that classes for this category of employees are mandatory, which means that automatically these employees are professionally criminally responsible under Article 137 of the Criminal Code of Ukraine "Improper performance of duties regarding the protection of the life and health of children", i.e. this applies to cases of various severity regardless of the circumstances of their occurrence, if only the investigation establishes that this teacher conducted classes with this injured student. In the course of the research, a pedagogical analysis of laws was carried out with the aim of identifying articles or provisions that belong to the legislative and legal protection of the professional risk of physical education workers. The existing safety instructions were consistently reviewed in order to find alternative actions for the justification of this category of workers, at the same time an analysis of the directions of legal safety protection of the existing professional risk offered by the main book of the field of theory and methods of physical education was carried out. Based on the data of the conducted questionnaire, the common factors of professional risk of physical culture teachers were established. The following steps have been chosen as ways to eliminate this problem: to involve the industry in cooperation with the justice authorities regarding the provision of reliable legal protection for its employees, since according to Article 54 of the Law on Education, Section 6, participants in the educational process, which talks about the rights and obligations of pedagogical, scientific- pedagogical and scientific employees and other persons involved in the educational process, that they have the right to safe and harmless working conditions. And this means that their educational branch, to which they belong, has the full right to provide modern one hundred percent legal protection for its employees in relation to their professional activities, which will prohibit the investigation from starting criminal cases using the professional actions of teachers and lecturers (means, methods, techniques, incentives, etc.) as material evidence for the accusation, regardless of the gravity of the circumstances and the consequence.

On Procedural Safeguards of the Rights of the Accused and Suspect in Termination of Criminal Prosecution on Non-Rehabilitating Grounds

The institute of termination of criminal cases (criminal prosecution) on non-rehabilitating grounds has long raised questions in the theory of criminal procedure regarding its legitimacy. Many authors see a significant logical contradiction between this institute and the principle of presumption of innocence, which is essential for protecting human rights. However, this issue cannot be resolved by declaring the question of guilt in cases terminated on these grounds as “open”, or by simply replacing the term “finding of guilt” with the term “ascertaining of guilt”. It is proposed to address this issue within the framework of legal interpretation of the concept and essence of presumptions, including the presumption of innocence. By providing that the accused is considered innocent until proven guilty in accordance with the law and established by a court verdict that has entered into legal force, the presumption of innocence applies only to a specific situation where the criminal process ends with a guilty verdict. However, it operates more broadly outside of this situation – as a mechanism for distributing the burden of proof between the parties in the process, which is used only until it is no longer necessary, that is, when the process of proving guilt is not completed by any final decision in the criminal case (not just a guilty verdict), and only until that moment can it be stated that the accused is considered innocent. Among such decisions are procedural decisions to terminate a criminal case (prosecution) on non-rehabilitating grounds, in which the investigator, taking into account the above, ascertain the person’s guilt in committing a crime and informs them of this.

Criminal Prohibitions when Using Mobile Applications

The article summarizes interim results of a research performed under the project of the Russian Science Foundation focusing on criminal law risks of using mobile applications. These risks can be of two types: the risk of being held criminally liable and the risk of being victimized by the criminal activities of others. The second type of risk is better defined because it is addressed in the context of preventing crimes committed using information and telecommunications networks or in the field of computer information in general. The first one implies not only situations when a user intentionally causes harm through a mobile application, but also cases where people do things, the public danger and wrongfulness of which is not obvious to them. Such persons usually have no desire to violate criminal law but do so failing to understand the unlawfulness of their actions due to the specific environment and technological features. Therefore, the ultimate goal of this project (at the next step) is to ensure safety of mobile application users, including inadmissibility of their unjustified criminal liability, through the development of recommendations on the rules of behavior when using relevant technologies. The purpose of the work within the framework of the presented scientific article is to determine the state of use of mobile applications (characteristics of mobile Internet culture) and those criminal law regulations that may be consciously or unconsciously violated by users of mobile applications. To achieve this goal two sociological surveys were conducted among users of mobile applications to determine how they use their mobile devices. The provisions of the criminal law and the materials of criminal cases were analyzed in order to understand what crimes can be committed by users of mobile applications who actually did not want and did not understand that they were violating the criminal law.

Epistemological Misunderstandings of the German Federal Court of Justice in Criminal Cases Regarding the Null Hypothesis: Verification in the Credibility Assessment

Epistemological Misunderstandings of the German Federal Court of Justice in Criminal Cases Regarding the Null Hypothesis: Verification in the Credibility Assessment Abstract: Background: The article deals with the decision of the German Federal Court of Justice (Bundesgerichtshof, BGH) in criminal matters regarding credibility assessment dated 30 July 1999 (1 StR 618/98, BGHSt 45, 164). Regarding criminal matters, the BGH formulated specific requirements for credibility assessments based on two published scientific expert reports. Method: We analyzed conflicting postulates of scientific theory in the expert reports and the reception of these principles in the BGH judgment by examining the original quotes. Results: Given the central importance of this BGH decision, we analyzed the original expert reports for their epistemological content. The BGH formulated the scientific approach of starting from the assumption that the statement is untrue - the so-called "null hypothesis". In doing so, it referred to Popper's deductivism, albeit without addressing the rules of hypothesis testing. Based on the second expert report, which argues for inductive.

Analysis of Performance Measurement Indicators in Juvenile Care and Rehabilitation Homes in Jordan: A Study on Social Care Homes and Correctional Institutions

Performance indicators in youth protection and rehabilitation centres in Jordan indicate an emphasis on community centers and correctional facilities. The study aims to analyze the application of these indicators and how effective they are in achieving the goals of youth rehabilitation and integrating them into society. The study explores the challenges and opportunities that exist within these institutions, and children's law indicates the Jordanian law, which was issued no. 32 from 2014 and the status of the law is reviewed and updated with all changes until 2024. One of the most noticeable things in this law is the increase in the criminal responsibility of young people from 7 years to 12 years and their focus on establishing a legal system that specializes in juvenile cases and the role of the juvenile police in handling juvenile cases. Complementary justice, non-custodial measures, the need to adjudicate criminal cases within three months and criminal cases within six months, and provide aftercare for released juveniles.

Electronic Injunctive Proceedings - the Future of the Polish Criminal Procedure

The article is intended to analyse the possibility of implementing electronic injunctive proceedings into the Polish criminal procedure. The rationale for that action, the positive aspects and the barriers to the implementation of the proposed solutions have been identified. The author analysed the historical development of injunctive proceedings and subjected the existing regulations to legal-dogmatic analysis from the perspective of the solutions proposed. The results of the study pointed to the possibility of electronization of the injunctive proceedings, presenting a broad justification for this direction of change in the criminal procedure. The author proposes two stages of modification of the electronic injunctive procedure, distinguishing the electronic injunctive procedure of the first degree and of the second degree. As part of the 1st-degree electronic injunctive procedure, it was proposed to electronize individual procedural acts, in particular the service of procedural documents and keeping the court records, but also to change the jurisdiction of courts which decide cases through injunctive proceedings, by establishing one or a maximum 2 to 4 courts dealing exclusively with injunctive proceedings. Depriving district courts (sądy rejonowe) of the competence to consider injunctive cases would, in the author's opinion, accelerate the consideration of other criminal cases. The 2nd-degree electronic injunctive procedure would include an element of AI implementation, which should be subject to evolution, starting from the proposing of a substantive resolution of the case to automating the process of issuing injunctive judgments.

Role of Artificial Intelligence in Forensics

Artificial Intelligence (AI) is a critical domain within software engineering, focusing on computer processes capable of emulating human behaviors and cognitive processes such as learning, reasoning, adaptation and self –correction. Concurrently forensic science applies scientific methodologies to criminal investigations, specifically concentrating on analyzing evidence within criminal cases. The conventional methods of conducting autopsies and forming opinions exhibit numerous limitations, many of which can be effectively addressed through AI integration. Digital forensics stands out as one of the most rapidly advancing technologies, profoundly influencing the techniques and tools employed for analyzing, monitoring and visualizing crime scenes to mitigate emerging threats and cyber-attacks. Moreover, the realm encompasses forensic medicine, which applies medical expertise to administer justice in Legal proceedings, thereby resolving associate legal complexities. Leveraging the capabilities of AI enables the swift and through sorting of files without manual intervention, significantly expediting investigative processes. Furthermore,AI plays a pivotal role in the identification of mutilated bodies, facilitating the development of tools to reconstruct full facial features. AI generated images can provide remarkable resemblances, aiding in accurately depicting facial features to aid identification efforts. Integrating AI into forensic practices enhances efficiency, accuracy and overall effectiveness in resolving criminal cases

The problem of post-conviction review in Australia

Kathleen Folbigg’s recent acquittals for multiple homicides have rekindled the debate over the adequacy of post-conviction review in Australia. This article explores the constraints of the finality principle and the appellate system in Australia in addressing potential wrongful convictions, including the impact of managerialist policies. The authors discuss the limitations of an independent criminal case review commission model. They argue that the debate should be centred on the inadequacy of legal aid as a significant risk factor for wrongful convictions, the need for less restrictive appeal criteria, and developing consistent and transparent processes for the retention and retrieval of evidence.