Criminal Conspiracy Research Articles

Understanding BNS Sections 238 and 61(2): Evidence Tampering, Supplying False Information to Protect a Criminal, and Police Accountability

This paper provides a detailed analysis of Sections 238 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), focusing on the implications of tampering with evidence or providing false information to protect a criminal, especially concerning the responsibilities of police officers. Those who deliberately obliterate, remove, destroy or conceal evidence related to a crime or offer false information to shield an offender face penalty under Section 238 BNS, where the severity varies based on the nature of the offence, potentially resulting in a prison sentence of up to seven years and a fine. In addition, Section 61(2) BNS in this regard addresses issues related to criminal conspiracy between two or more persons in order to destroy or temper with evidence or furnish false information to shield a criminal from arrest or criminal liability and stipulates punishment commensurate with the seriousness of the offence. It also underscores the importance of investigating police officers' safety and the need to adhere to ethical and investigative standards. The study highlights the crucial role of honesty and transparency within law enforcement to promote accountability and uphold the principles of justice.

FACTORS OF ENVIRONMENTAL CRIME: A CRIMINOLOGICAL APPROACH

This research examines environmental crimes based on case studies in Indonesia through the perspective of environmental criminology theory. Using the literature study method, this research explores the driving factors of environmental crimes. The results show that weak environmental law enforcement, corruption, administrative failure, social and economic inequality, and criminal conspiracy by corporations and the state are significant factors that contribute to environmental crimes. Thus, theoretically, environmental criminology theory is able to provide the causes of environmental crimes as well as the perpetrators and victims of environmental crimes.

CYBERCRIMES, LAW, AND CYBER FORENSICS: COMPARATIVE STUDY OF INDIAN, BRITISH, AND AMERICAN CONTEXTS

New forms of crime have emerged with the rising prevalence of computer misuse. Some of them include the use of cutting-edge tools and methods for criminal conspiracy. From spreading fraud through email to stealing and reselling intellectual property, cybercrime covers a lot of ground. The domain of computer science known as "cyber forensics" is considered to be among the most essential subfields. It is concerned with the investigation of cybercrime. The concept of cyber forensics is broken down into its parts by the author in this paper. This paper focuses on the significance of the topic as well as some of the methods and instruments that are used by cyber forensic investigators. The objective of cyber forensics is to conduct an examination of electronic content in a manner that is forensically sound with the goals of preserving, recovering, analyzing, identifying, and presenting facts and views about digital information. Cyber forensics evidence undergoes the same processes as other digital evidence and serves as supporting evidence in judicial proceedings. Cyber forensics is often linked to the investigation of cybercrime, but it may also be utilized in legal actions involving private parties. This paper demonstrates the necessity for further investigation into how cyber forensics might be used to enhance the identification of cybercrime. This research will help fill in some of the gaps in our knowledge of how cyber forensics investigations are conducted in India and explore cyber security policy in the United Kingdom, the United States, and India to identify both similarities and differences. Keywords: Cybercrime, Cyber Forensics, Policy

Crimes of Conspiracy and Assistance in Terrorism

This study aims to understand the application of material criminal law to the crime of conspiracy and assistance to commit terrorism. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that the definition of criminal conspiracy in Article 88 of the Penal Code encompasses an agreement between two or more individuals to commit a crime. Initial discussions not directly related to crime planning do not fall within the category of a malicious conspiracy. Furthermore, concerning the crime of terrorism, material criminal law does not differentiate between the roles of conspirators, assistants, and main perpetrators in terrorism. Consequently, an agreement to commit a terrorist crime made by two or more individuals already fulfils the element of criminal conspiracy. In this context, conspirators and terrorism assistants can be prosecuted according to Government Regulation in Lieu of Law Number 1 of 2002, even if the planned terrorist act has not been executed. Therefore, it is recommended for law enforcers, including POLRI, Prosecutors, and Judges, to pay close attention to the nuances of the criminal conspiracy definition according to the Penal Code and Government Regulation in Lieu of Law Number 1 of 2002 in the eradication of criminal acts of terrorism. It is crucial to distinguish between initial discussions that do not indicate preparation for a criminal act and explicit agreements to commit a terrorist crime. Law enforcers must apply a thorough understanding of how material criminal law classifies conspirators, assistants, and main perpetrators without distinction in terrorism cases. Thus, fair and accurate handling of individuals planning terrorist crimes can be realized while upholding the principles of justice and proportionality in law enforcement.

Nirav Modi: A Case Study on Banking Frauds and Corporate Governance

In August 2018, Interpol and the Indian government filed charges against Belgian businessman Nirav Deepak Modi, who is wanted for illicit breach of confidence, deceiving, and dishonesty. The charges include illegal property dealing, corruption, criminal conspiracy, money-laundering, cheating, embezzlement, and contract breaching. Nirav is under investigation in connection with Punjab National Bank's $2 billion fraud scandal, later in March 2018, he filed for bankruptcy in The United States of America. Finally, in June 2018, he was traced in the United Kingdom, where he is living by taking political asylum. Further, in June 2019, the total assets of US$6.6 million were frozen in his Swiss Bank Account. Corporate Governance initiatives were laid down by government officials and intervention by reserve Bank was seek in the case to avoid future occurrence of such fraudulent practices.

Human Rights and Oppressed Peoples: Collected Essays and Speeches

Human Rights and Oppressed Peoples: Collected Essays and Speeches

Slave Trading as a Corporate Criminal Conspiracy, from the Calabar Massacre to BLM, 1767–2022

Slave Trading as a Corporate Criminal Conspiracy, from the Calabar Massacre to BLM, 1767–2022

Соучастие и преступный сговор в борьбе с организованной преступностью

Today, the concept of “complicity” enshrined in the Russian criminal law does not objectively cope with the task of combating organized crime. Purpose. Identify the shortcomings of the concept of "complicity" in the fight against organized crime. Methodology. The study of legal tools in the fight against organized crime is based on dialectical, systemic, functional system-structural research methods. Results. Firstly, the “criminal community” construction, which is actually the only form of complicity, called upon as a legal means in the fight against organized crime, appears to be “lifeless” in law enforcement. Its unreasonably complex legal and technical formulation provokes the legislator to adopt provisions in the Criminal Code of the Russian Federation that go beyond the system-forming criminal law signs of complicity in a crime. Secondly, the norm of Part 5 of Art. 35 of the Criminal Code of the Russian Federation ignores the sign of compatibility of complicity, providing for criminal liability of the leaders of criminal groups only for their intent. Thirdly, the institution of complicity provides a legal basis for regulating the commission of crimes provided for by the Special Part of the Criminal Code of the Russian Federation through the joint efforts of several persons, and not the criminal activity itself. Conclusion. Traditional legislative tools are outdated, it is necessary to introduce a new concept of “criminal conspiracy”, designed to solve urgent problems of legal regulation of the fight against organized crime. The concept of “criminal conspiracy” should take into account the shortcomings and contradictions of the current domestic legislation, as well as adopt important provisions of the legislation of foreign countries, avoiding violations of the basic principles of continental law.

THE MONEY LAUNDERING SCAM INITIATED BY DEWAN HOUSING FINANCE CORPORATION LIMITED (DHFL) AND YES BANK: AN EXPLORATORY ANALYSIS OF OVER-LEVERAGED BORROWINGS

Dewan Housing Finance Corporation Ltd. (DHFL) was founded in 1984 in the state of Maharashtra, India by the Wadhawan family to facilitate access to cost-effective housing finance opportunities for the lower and middle-income strata residing in semi-urban and rural India. Till 2018, the firm was ranked amongst the distinguished performers in the housing finance industry in the nation. Yes Bank was founded in India in 2004 by Rana Kapoor and Ashok Kapur. In its initial years of expansion, Yes Bank experienced immense development. However, the bold and aggressive lending practices by the bank involved high risks and the bank’s loan book included diverse defaults including DHFL. This impetuous lending ultimately led to the Non-Performing Assets (NPA) tragedy and the RBI’s authorized moratorium for Yes Bank. This research paper provides a detailed analysis of an Indian investigative journalist company named Cobrapost which published an exposé in January 2019 indicting DHFL of exploiting more than INR 31,000 crore of public finances through diverse shell firms and siphoning private benefits primarily for the firm’s immediate stakeholders. The study further underscores the details of the famous fraudulent case between Yes Bank and DHFL, the Central Bureau of Investigation booking Rana Kapoor and the Wadhawan brothers on accusations of criminal conspiracy and defrauding under the Prevention of Money Laundering Act, 2002 and the associated negative consequences for the two business organizations. This banking forgery has been labeled as one of the biggest scams in the banking industry in the nation. So let's hop on to read the detailed case analysis

The Jurisprudence of Conspiracy in Penal Administration of Justice in Nigeria: A Critique of Kaduna, State Penal Law, 2017

An intention nursed by an individual is not a criminal offence but when 2 or more persons agreed and harbor such heinous intention with the agreement to put it in to execution, the law interferes to stop the dangerous consequences which may result as a result of such agreement. Criminal Conspiracy is always carried out secretly thus creating problems of easy detection. This mischievous tendency is punished as inchoate offence in that it is even if short of completion, is a crime of its own, The paper aims at examining Criminal Conspiracy by analyzing the definition, nature and principles of criminal conspiracy as well as a critique of Kaduna State Penal Law, (2017) with some judicial decisions by adopting the doctrinal method of research which analytically examined constitutional provisions, statutory provisions, judicial decisions, legal journals, authoritative legal books and other relevant literature which form both primary and secondary sources of the research. It was observed that there exist problems of direct proof of criminal Conspiracy in that it is carried out in secrecy and recourse is to inference which is qualified.

Cyber Security and Policy Making: An Analysis of Pakistan

The knowledge and technology era is currently in full swing. Political entities are constantly evolving, with advancements ranging from electronic utilities payment processing to modern infrastructure, the use of machine learning, advanced communication systems, and technological combat. Distances have shrunk the advancement of technology, but its use has also given rise to fresh dangers and anxieties. Cybercrimes, including stealing, criminal conspiracy, financial crimes, data breaches, matters of national security acquisition, and even dangers to essential systems, have evolved into modern-day forms of cyber warfare. These risks affect both wealthy and emerging nations, creating a national security problem. Pakistan is a nuclear-capable emerging nation that is particularly exposed to these dangers. It is more difficult for the government and lawmakers to control Pakistan's digital world because of its vast variety of internet users and poorly informed technology literacy. Nowadays, Pakistan has experienced significant cyber-attacks on vital governmental portals, and attackers have effectively breached the cyberspace of crucial infrastructure. Lawmakers in Pakistan have developed legal actions that don't fully and comprehensively address the concerns to keep this from happening. What is the status of Pakistan's policy alternatives to address significant cybersecurity challenges is the real cause of discussion. However, this study concentrates on the approach of cybersecurity framework in Pakistan. This paper highlights both primary and secondary sources as part of their qualitative research approach. Finally, a few suggestions for strengthening the nation's cyber security measures are also made. Keywords: Cyber Security, Policy Making, Pakistan, Technology

Relevance Of Legal Certainty In Criminal Of Consent In The Eradication Of Corruption Law

This study aims to analyze and determine the construction of evil consensus in corruption in Indonesia; legal weaknesses in cases of criminal conspiracy in corrupt criminal acts as well as reconstruction of evil conspiracy in criminal acts of corruption based on progressive law. The research uses a sociological juridical approach. Based on the research conducted, it was found the fact that the implementation of law enforcement in cases of conspiracy related to corruption is currently not fair, this is due to the unclear elements in the criminal act of conspiracy in corruption cases so that existing law enforcement is based on political interests, where the authorities will be able to looking for a way out of the snares of Article 15 of Act No. 31 of 1999 Jo. Act No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, while parties who do not have the authority to power will not be able to escape the snares of Article 15 of Act No. 31 of 1999 Jo. Act No. 20 of 2001 concerning the Eradication of Corruption Crimes.

Conspiracy of Corporate Networks in Corruption Scandals

Corruption in public procurement transforms state institutions into private entities where public resources get diverted for the benefit of a few. On this matter, much of the discussion centers on the legal fulfillment of the procurement process, while there are fewer formal analyses related to the corporate features which are most likely to signal organized crime and corruption. The lack of systematic evidence on this subject has the potential to bias our understanding of corruption, making it overly focused on the public sector. Nevertheless, corruption scandals worldwide tell of the importance of taking a better look at the misuse and abuse of corporations for corrupt purposes. In this context, the research presented here seeks to contribute to the understanding of the criminal conspiracy of companies involved in public procurement corruption scandals under a network and complexity science perspective. To that end, we make use of a unique dataset of the corporate ownership and management information of four important and recently documented cases of corruption in Mexico, where hundreds of companies were used to embezzle billions of dollars. Under a bipartite network approach, we explore the relations between companies and their personnel (shareholders, legal representatives, administrators, and commissioners) in order to characterize their static and dynamic networked structure. In terms of organized crime and using different network properties, we describe how these companies connect with each other due to the existence of shared personnel with role multiplicity, leading to very different conspiracy networks. To best quantify this behavior, we introduce a heuristic network-based conspiracy indicator that together with other network metrics describes the differences and similarities among the networks associated with each corruption case. Finally, we discuss some public policy elements that might be needed to be considered in anti-corruption efforts related to corporate organized crime.

The “horse-meat” scandal: illegal activity in the food supply chain

PurposeFood supply chain theory and practice generally assumes that the business practices and processes involved are ethical, legal and value-adding when this is not always so, as demonstrated by the ongoing 2013 horse-meat scandal. Although it is ostensibly a UK-based affair, it encompasses the meat processing industry across Europe. This study, thus, aims to examine supply chain criminality and to highlight “scandal scripts” which amplify underlying issues.Design/methodology/approachA systematic review of extant literature on the scandal adds to that body of work, updating the existing narrative to include a detailed analysis of convicted “industry insiders”, highlighting supply chain issues involved in the frauds. Micro-stories of businessmen involved are presented to enable an empirical exploration of their illegal involvement in the meat trade. Using storied data from accounts of the scandal as contemporary examples, emerging themes and issues are outlined through a mixed methods qualitative approach consisting of ethical covert research, using documentary research strategy underpinned by narrative inquiry.FindingsMedia coverage perpetuated various myths notably that the fraud was carried out by “shadowy”, Eastern European “mafia figures” exploiting the extended food supply chains. The analysis is aided by the use of media hypothesis. Far from being a mafia-inspired fraud, the criminal activity was organised in nature and committed by insider businessmen. The findings demonstrate that supply chains are complex and require an understanding of storied business practices, including the ethical and illegal.Research limitations/implicationsFrom an academic perspective, there are implications such as the dearth of academic research and policy-related studies into food fraud possibly because of the difficulty in obtaining data because of access to such enterprises and entrepreneurs necessitating reliance upon documentary sources and investigative journalism.Practical implicationsThere are distinct policy implications, particularly the need to legislate against international criminal conspiracies and everyday ordinary organised food frauds perpetuated. Lax penalties do little to prevent such crimes which need to be taken more seriously by the authorities, and treated as major crime. In formulating food laws, rules and regulations, greater cognisance should be taken to consider how supply chains in the food industry could be better protected from predatory criminal actions.Originality/valueThis novel qualitative study will enable academics and practitioners to better understand illegal enterprise, food fraud and risk management from both operational and supply chain perspectives and will be useful to investigators by furthering our understanding of entrepreneurial practice and morality in the food industry.

The Losers at the Center of the Galaxy by Mary Winn Heider

Reviewed by: The Losers at the Center of the Galaxy by Mary Winn Heider Alaine Martaus Heider, Mary Winn The Losers at the Center of the Galaxy. Little, 2021 [304p] Trade ed. ISBN 9780759555426 $16.99 E-book ed. ISBN 9780759555419 $9.99 Reviewed from digital galleys R Gr. 4–7 After the mysterious disappearance of their failed football player father, Winston has filled his void with playing the tuba, while his sister, Louise, has buried her feelings in the rational world of science experiments. Now, though, eighth-grader Winston and best friend Frenchie are convinced their teachers are involved in a criminal conspiracy. Seventh-grader Louise meanwhile sneaks into her father’s old football stadium and finds a new bear mascot in need of rescue. When her free- the-bear plot meets Winston’s investigation, what follows is a rollicking, if utterly bonkers, adventure involving a dogged security guard, a kitty-inspired pop star, an unconventional half-time dance performance, and a pair of stolen sousaphones. Readers willing to embrace the playful silliness will find themselves rewarded with a story of self-reliant siblings, building unexpected support networks and braving new interpersonal connections. Louise is the more compelling character and, in the end, has the more compelling storyline, but Winston brings his own engaging sweetness, especially as he comes to terms with his sense of loss. The novel as a whole, meanwhile, has a serious, sensitive side ready for readers who want it, giving what could be a terminally preposterous story some touching emotional depth. The cast is notably lacking in any kind of real diversity, odd for story set in Chicago. Still, it’s a worthy option for those looking for a madcap middle-grade read. Copyright © 2021 The Board of Trustees of the University of Illinois

Enforcement of Criminal Law on Crimes of Criminal Consensus Against State Security: Learning from Indonesia

The purpose of this legal research is to explain the first discussion, namely how to implement law enforcement against criminal conspiracy (samenspanning) which has been regulated in the Criminal Code and the Criminal Procedure Code. Second How is the imposition of sanctions for criminal conspiracy charges regulated in the Criminal Code in case Number: 293K / Pid / 2016. This type of research is normative research which is descriptive-analytical in nature, using secondary data with data collection techniques through library research and processing data qualitatively, it is concluded that law enforcement against criminal conspiracy is carried out by penal measures, penal measures are one of the efforts to enforce the law or all actions taken by law enforcement officials that focus more on eradication after a crime is committed under criminal law, namely criminal sanctions which constitute a threat to the perpetrator. The stages in this way include investigation, further investigation, prosecution, and so on, which in this case is part of criminal politics. The functionalization of criminal law is an effort to tackle crime through rational criminal law enforcement with the aim of creating the fulfillment of a sense of justice and efficiency. The imposition of sanctions Criminal sanctions imposed if a person has been proven to have committed a criminal act of treason can be punished with a criminal sentence contained in Article 106 of the Criminal Code with the threat of life imprisonment or twenty years in prison.

Accounting Fraud with Reference of Satyam Company

Accounting Fraud means misrepresentation or alteration of accounting record regarding sales, revenue, expenses and other factors for a profit motive such as inflating company stock values, obtaining more favorable financing or avoiding debt obligations. In this research paper we analyzed the accounting fraud with case study of Satyam Company is classic example, Satyam means “truth” in the ancient Indian language “Sanskrit”. Satyam won the “Golden Peacock Award” for the best governed company in 2007 and in 2009. From being India’s IT “crown jewel” and the country’s “fourth largest” company with high-profile customers. Mr. Ramalinga Raju (Chairman and Founder of Satyam), who has been arrested and has confessed to a $1.47 billion (or Rs. 7800 crore) fraud, admitted that he had made up profits for years. The Auditors Role and Factors Contributing to Fraud Global auditing firm, Price water house Coopers (PwC), who had audited Satyam’s books from June 2000 until the discovery of the fraud in 2009. Several commentators criticized PwC harshly for failing to detect the fraud. Indeed, PwC signed Satyam’s financial statements and was responsible for the numbers under the Indian law. Satyam’s shares fell to 11.50 rupees on January 10, 2009, their lowest level since March 1998, compared to a high of 544 rupees in 2008. Thus, investors lost $2.82 billion in Satyam. Unfortunately, Satyam significantly inflated its earnings and assets for years and rolling down Indian stock markets and throwing the industry into turmoil. Criminal charges were brought against Mr. Raju, including: criminal conspiracy, breach of trust, and forgery.

Contemporary Advances of Electrochemical Sensors in Forensic Applications

The present review article discusses the advances in electrochemical sensing for applications in forensic science to solve criminal conspiracy and cases. The basic principle involved in electrochemical sensing has been discussed along with their technical features and limitations. Furthermore, the significance of electrochemical sensing in the analysis of forensic samples i.e heavy metals, drugs, illicit compounds, biological weapons with suitable illustrations have been presented. The advances in electrochemical sensors have so far documented tremendous findings to assist forensic experts in correlating crime incidents with documents with some drawbacks. This linkage between the success and failure of electrochemical sensing in forensic sciences has tried to establish in interest in the safety and security of a society.

Pemberian Sanksi Pidana Bagi Pelaku Penyebaran Hoax Ditinjau Dari Aspek Tindak Pidana Terorisme

This research, descriptive analysis, with a statutory approach, conseptual approach. The purpose of this research is to analyze the from of spreading fake news in Indonesia legislation and criminal sactions for the perpetrators of spreading fake news in term of the criminal act of terrorism. The results of this study indicate that the form of spreading fake news can be categorized as criminal act of terrorism, where the criminal act of terrorism is also threatening the safety of the nation and the state, causing divisions, causing uproar in the community, even though the act of spreading fake news is not regulated in the terrorism law but causes the effect that may be the same as that of terrorism, it’s just that the act of spreading fake news does not threaten the lives of many people. Whereas the criminal sanction for the perpetrators of spreading fake news inthe terms of the aspect of the criminal act of terrorism are equivalent to the convictions of criminal conspiracy, attempted and assisting in committing the crime of terrorism.

Reconstruction of Criminal Conspiracy in Indonesia's Corruption Crime Law Based on Progressive Law

Reconstruction of Criminal Conspiracy in Indonesia's Corruption Crime Law Based on Progressive Law