Criminal Issues Research Articles

Evaluation of Human Trafficking and its Causes in Kosovo

The occurrence of human trafficking is a very harmful and disturbing crime for Kosovo and the countries of the region, which are encountering this criminal issue that seriously attacks human rights. Human trafficking is often associated with organized criminal groups that operate outside the state borders of Kosovo, making the fight against this occurrence much more challenging for the mechanisms that combat this type of crime. This research paper aims to provide a comprehensive analysis of human trafficking in Kosovo, evaluating the contributing factors and assessing the effectiveness of existing legal frameworks. It also offers actionable recommendations for enhancing collaboration among key stakeholders. The method used in this research is a literature review, systematically analyzing academic literature, reports, and relevant documents on human trafficking. The findings indicate that human trafficking severely deteriorates the socio-economic conditions in Kosovo and reinforces organized crime networks. Therefore, close cooperation at both regional and international levels is essential for effectively addressing this criminality, which remains a pressing concern in Kosovo and beyond.

Criminalization of Service Users and Traditional Commercial Sex Workers in Indonesia

The urgency of law enforcement against service users and traditional commercial sex workers in Indonesia in handling the increasingly rampant practice of prostitution. Despite government efforts to discourage involvement in prostitution, the lack of specific regulations in Indonesian law has allowed service users of prostitution to avoid appropriate legal consequences. This research aims to criminalize both traditional commercial sex workers and service users using a legislative approach, conceptual approach, and comparative legal approach to address criminal issues faced by traditional commercial sex workers and users in Indonesia, one of which is the criminalization of all individuals involved in such practices, such as service users of prostitution who are not clearly regulated, although the government has made efforts through existing local regulations. The type of research used is juridical-normative or often referred to as doctrinal legal research. Several regions in Indonesia, such as DKI Jakarta, Indramayu Regency, Tangerang City, Denpasar City, Badung Regency in Bali, Batam City, and Bandung Regency, have issued local regulations criminalizing service users of prostitution in their respective areas. However, these regulations vary and impose lenient penalties on commercial sex workers and service users. Therefore, we need to study the Netherlands in addressing issues related to prostitution, which can ensnare both perpetrators and commercial sex workers.

Evidence-Based Policing as a Foundational Policing Model for the INP

In the midst of various challenges of policing and its consequences on public trust, a number of studies have examined the duties of the Police, especially the Republic of Indonesia National Police (INP), in maintaining security and public order, enforcing the law, protecting the public, and serving the community. Several contemporary policing models, such as Community Policing or Problem-Oriented Policing, have been suggested and implemented by the INP, although the parameters of its successful implementation continue to be a questionable issue. This article discusses how the concept of Evidence-Based Policing (EBP) – a new paradigm in policing – can better serve as a foundation for the Police in dealing with societal and criminal issues. EBP emphasises scientific and evidence-based decision-making, enabling officers to avoid the biases that are frequently criticised in policing practices. By utilising literature review and document analysis methods, this article examines existing policing models and demonstrates the importance of evidence-based approaches in improving INP performance. It also highlights the importance of consulting and collaborating with pracademics and international institutions that have successfully implemented EBP, in order to increase the accountability and responsibility of the INP in implementing EBP. The implementation of EBP is expected to lead to positive changes in policing culture – providing more effective and comprehensive solutions based on data and scientific studies to address crime and social problems in the community.

Level of Effectiveness and Seriousness on The Problems Encountered in the Implementation of Crime Prevention Strategies of The Philippine Na-tional Police in Olongapo City, Philippines

Every country is impacted by criminality on an economic, social, and political level. The national news in the Philippines typically reports on crimes against persons and property because of the prevailing belief that the country's economic standing is insufficient to support an individual's level of living. The Philippine National Police (PNP) in Olongapo City has not yet succeeded in implementing crime prevention and control, despite their best efforts to prevent crime. The Philippines uses foreign approaches to crime prevention that don't align with the nation's current criminality issues. The PNP organization is facing difficulty in crime prevention due to its inability to demonstrate its efficacy and efficiency in the performance of its duty. The primary aspect that leads to the prevention of crime is following the path of morality, virtue, and ethics by all the individuals. These morals and values would enable a person to focus on the achievement of his life and career goals and abstain from conducting any kind of criminal and violent acts.

公开盗窃论中入罪问题的思考

公开盗窃论中入罪问题的思考

Criminal Law Protection for New Criminal Issues under the Background of Digital Economy

Criminal Law Protection for New Criminal Issues under the Background of Digital Economy

Criminal offenses against honor and reputation in the light of the amendment of the Criminal code of the Republic of Srpska

The issue of (de)criminalization of behavior that injures, that is, endangers honor and reputation is one of the most important in modern criminal law. The demand for decriminalization arises from the norms of international law and it rests on the postulate of the right to freedom of thought and expression. However, it is also inviolable the right of a person to protect his honor and reputation, which is the basis of criminalization. Because of that it is not easy to find a balance in the exercise of these rights. They are opposed to each other from which arises danger that excessive protection of one of them undermines the other. It is a common understanding that modern criminal legislation is moving in the direction of decriminalization of such behaviors. Our legislator opted for the opposite solution. This is not a solution that has not been represented in the criminal legislation of the Republic of Srpska, because criminal offenses against honor and reputation existed until 2002 when they are decriminalized. In the article is apostrophized protection of honor and reputation in the light of the latest amendment to the Criminal Code of the Republic of Srpska.

'Abject and True Remorse': Loyalism and the Politics of Regret in Northern Ireland

ABSTRACT: This article examines the politics of apologies from loyalist armed groups. Using the CLMC 1994 ceasefire statement as a case study, it is based on original survey data; semi-structured interviews with ex-combatants, victims and others; and archival research. It also draws on the academic literature on apologies, transitional justice, political violence, historical institutionalism, literary criticism and the sociology of legitimacy and identity. It examines the broader role of apologies in post-conflict Northern Ireland before focusing on the political and historical context of the CLMC statement and its role as a palimpsest for subsequent loyalist engagement on legacy issues. It suggests that a close reading of the original statement and its afterlife reveals important apology-related themes concerning timing, presentation, leadership and truth recovery. Finally, the paper examines the vexed issues of collusion and criminality. It concludes that loyalists can exercise further agency and leadership through apologies before exiting the political stage.

Unveiling UNISFA’s Efforts at Managing Law and Order in the Contested Abyei Area in the Absence of the Abyei Police Service.

Both the Agreement signed between the Government of Sudan and the Sudan People’s Liberation Movement (SPLM) on the temporary arrangements for the administration and security of the Abyei Area and, the subsequent United Nations Security Resolution 1990 (2011) that established the United Nations Interim Security Force for Abyei (UNISFA) made provision for the establishment of the Joint Abyei Police Service among other institutions. However, the non-implementation of this important body has created a law-and-order vacuum in the Abyei Area and a security nightmare for UNISFA. This study critically examined the impact of the absence of the Abyei Joint Police Service on law and order, with particular emphasis on UNISFA’s initiatives in managing issues of criminality in the area. The work used primary and secondary sources including UN documents for data collection and analysis using qualitative design. The findings revealed that the establishment of the Community Protection Committee (CPC) and the work of the Community Liaison Office significantly reduced criminality in the Abyei Area leading to the de-escalation of the conflict. The paper recommends greater capacity building and logistical support to the CPC to ensure its continuous functionality and efficiency.

The Impact of Injectable Opioid Agonist Treatment (iOAT) on Involvement in Criminalized Activities: A Secondary Analysis from a Clinical Trial in Vancouver, BC.

A significant portion of the economic consequences of untreated Opioid Use Disorder (OUD) relate to individuals' involvement in the criminal justice system. The present study uncovers if treatment with iOAT is related to the number of criminal charges amongst participants, what type of crime participants were involved in, and the frequency with which participants were victims of crime. This study contributes to the body of research on the effectiveness of iOAT reducing criminal involvement. This is a secondary analysis of police record data obtained from the Vancouver Police Department over a three-year period during the Study to Assess Longer-term Opioid Medication Effectiveness clinical trial. The data was obtained from participants (N = 192) enrolled in the trial through a release of information form. During the three-year period, most charges (45.6%) were property offences, and 25.5% of participants were victims of crime. Participants with no treatment prior to randomization into the SALOME trial were 2.61 (95% CI = 1.64-4.14) more likely to have been charged with a crime than during the iOAT state. IOAT can reduce individuals' involvement with the criminal justice system and is thus a crucial part of the continuum of care. Addiction should be conceptualized as a healthcare rather than criminal issue.

The Resolution of Environmental Disputes among Traditional Fishermen in Gampong Sungai Lueng, Langsa, Aceh, Indonesia

Gampong Sungai Lueng (referred to in Acehnese) in Langsa is an area rich in mangrove ecosystems, which play a crucial role in maintaining environmental sustainability and supporting the livelihoods of local traditional fishermen. However, in recent years, this area has faced several environmental problems, including uncontrolled mangrove tree cutting, which poses a threat to marine ecosystems and the well-being of local fishermen. This research aims to address environmental disputes among traditional fishermen in Gampong Sungai Lueng, Langsa. The research method employed is a normative juridical approach. The research specifications are descriptive and analytical in nature. The sources and types of data encompass primary and secondary data. Data analysis is conducted qualitatively, given that the collected data are of a descriptive-analytical nature. The research findings regarding the resolution of environmental disputes among traditional fishermen in Gampong Sungai Lueng, Langsa, represent complex and significant challenges in endeavors to preserve marine ecosystem sustainability and environmental protection. The results of the initial pre-test indicate that there are participants with inadequate knowledge concerning environmental regulations, including the prohibition of coastal tree cutting or mangroves, as well as related criminal issues. However, the majority of participants possess a solid understanding of essential aspects, such as these prohibitions, dispute resolution through either mediation or litigation, and the legal consequences of engaging in vigilantism. Keywords: dispute resolution, mangroves, and traditional fishermen

ON THE GROUNDS OF CRIMINALIZATION OF ACTIONS, PROVIDED BY ART. 114-2 OF THE CRIMINAL CODE OF UKRAINE

The article is devoted to a critical analysis of the decision of the national parliamentarians to add a new article to the Criminal Code of Ukraine 114-2 and is aimed at obtaining a scientifically based answer to the question of whether there were grounds for the criminalization of the acts described therein, and if so, which ones. In particular, based on the results of writing the article, it is concluded that, firstly, the establishment in 2022 of criminal liability for the unauthorized dissemination of militarily significant information had a strong social basis and was caused by a number of reasons at once, the main of which, of course, was a significant and the sudden change in the social situation in our country, which was the result of Russia’s large-scale and open attack on Ukraine; secondly, being the main reason for the criminalization of the act under investigation, the corresponding aggression of the Russian Federation simultaneously played the role of a catalyst for the emergence of a number of other interdependent processes, the development of which put on the agenda the question of the objective necessity of introducing criminal liability for the relevant acts, namely, unfavorable the dynamics of the unauthorized dissemination of militarily significant information, a change in the perception of the degree of public danger and the generally recognized moral assessment of this act; thirdly, one of the important reasons for the criminalization of the investigated behavior was the significant development of a new group of social relations that took place on the basis of economic or technical progress - informational relations. The same fact that, despite the ongoing war since 2014, the issue of criminalization of the behavior described in Art. 114-2 of the Criminal Code of Ukraine, became the agenda only in 2022 is explained by the fact that: a) until 2022, the war with the Russian Federation was not of a large-scale nature; b) starting from the end of 2015, the intensity of hostilities in Donbas decreased significantly.

The legal-criminal aspects of Iran’s anti-money laundering law in light of the FATF recommendations

PurposeThe purpose of this study is to examine Iran’s anti-money laundering (AML) system from a legal and criminal perspective and to understand the obstacles for international cooperation and the extent to which it aligns with financial action task force (FATF) standards. In this regard, three aspects are examined, namely, enforcement and guarantees of preventive measures, penalty for ML offences and the burden of proof.Design/methodology/approachThis subject is examined through the legal–criminal perspective, which concentrates on the effectiveness of legal measures in tackling criminal issues by focusing on criminal law. The legal–criminal viewpoint considers criminal behaviour as a breach of societal norms and strives to combat it through legal channels.FindingsIran’s AML laws and regulations are partially compliant with the financial action task force (FATF) recommendations. However, the main obstacle is not the lack of sufficient laws, rather the lack of proper implementation of these laws. In addition, there are foundational shortages, such as the absence of a national risk document to guide an action based on current risks.Originality/valueNo comprehensive study has analysed Iran’s AML laws, referring to the three main aspects of enforcement and guarantees of preventive measures, penalties for ML offenses and the burden of proof. In general, there are few research papers on Iran’s AML laws owing to Iran’s high ranking in ML/TF. However, analysing Iran’s regulations can be helpful in taking a step towards effective international AML practices.

A Morphologic Approach of Lip Prints in a Sample of Albanian Population in Kosovo

Background: Cheiloscopy (lip-print studies) is an important tool for the identification of human bodies in social and criminal issues. Lip prints present the labial mucosa with characteristic grooves and lines specific to every person. The purpose of this study was to analyze the lip prints among an adolescent sample of the Albanian population in Kosovo, to determine the most prevalent lip-print pattern in both genders, and to determine if there are any differences between male and female lip prints. Methods and Results: A total of 100 adolescents aged from 12 to 18 were randomly selected from schools in southeastern Kosovo. The lip prints were classified according to Suzuki and Tsuchihashi's classification (1970). For the analysis, the lips were divided into four quadrants: right upper quadrant, left upper quadrant, right lower quadrant, and left lower quadrant. The analysis was done using a magnifying glass. In the present study, the slightly prevalent lip-print pattern among all subjects was Type II (25.0%), followed by Type I (20.0%), Type III (17.0%), Type IV (16.0%), Type I′ (16.0%), and Type V (6.0%). The lip prints of Type IV were slightly more common in female subjects (24.0%), followed by Type II (20.0%), Type I (18.0%), Type III (18.0%), Type I′ (12.0%), and Type V (8.0%). Type II was slightly more common in male subjects (30.0%), followed by Type I (22.0%), Type I′ (20/0%), Type III (16.0%), Type IV (8.0%), and Type V (8.0%). However, some differences between the sexes, with a tendency toward the predominance of Type IV in women and Type II in men, were not statistically significant, and there was no significant difference between the lip patterns by quadrants in women and men.

KAZNA ZATVORA U 21. VEKU

Issue of criminality represents a complex problem that has no single answer or solution to it. In their intention to solve it, countries use two methods: prevention (influencing potential perpetrators not to commit offence, but also influencing perpetrators as to not reoffend), and punishment that uses wide spectrum of different sanctions. From that spectrum we address the punishment of incarceration as the subject for this paper. Prison sentence is the most important type of punishment, but alas, as everything else in this life, it is imperfect. In this paper, we will delve into the place that it holds in the legislature of specific countries, goals that it has to fulfill, methods of enforcing it, we will talk about its merits and shortcomings, and about overall impression about it. We will focus on the retribution and rehabilitation as main purposes of punishment and on the role that prison sentence plays in them.

POLITICAL SIT-AT-HOME OR SOCIO-ECONOMIC SIT-AT-HOME IN SOUTHEAST, NIGERIA : A DEVELOPMENT CRISIS

This paper is an exploratory reconnaissance on the sit-at-home order, its related issues, experiences and inherent challenges on the people of southeast, Nigeria. The sit-at-home commandment borne out of the separationist agitations of the Indigenous People of Biafra (IPOB), foists enormous fear and anxiety that keep some people indoors and others minimally mobile, and undermines life activities in the region. This two year old precarious Mondays sit-at-home issue, kidnappings, farmers/herdsmen clashes and other forms of criminality with their attendant fatal violence and conflicts constitute sources of severe psycho- social, political and economic challenges to the south-east inhabitants. This paper dwells on the issues surrounding the political and economic effects and implications of this non-state order on the security and economy of the southeast and national development. It interrogates the divergent and critical ramifications of the sit-at-home imbroglio, its potentials as precursor of self-inflicted economic setback within the historical context of marginalization and obscurity of a people characteristic of age long industrial enterprise. Moreover, good governance sensitive to the plights and interests of the southeasterners (Ndigbo), set-up of effective community based vigilante groups to counter the order, town-hall meetings for mass orientation on ills of the order were advocated as measures out of this national development crisis.

Comparative Study of Criminal Liability of Offenders Committing Fraud and Money Laundering Together as Continuing Actions

The rapid progress in all areas of life including economic, financial, trade, banking and social developments has brought certain legal implications for Indonesia. Law plays an important role in human life, legal ties connect humans with other humans and connect humans with the objects around them. This type of research is normative legal research, namely legal research conducted by examining literature or secondary data which is also known as doctrinal research. The legal research approach is the statutory approach, case approach, conceptual approach. The statutory approach by examining all laws and regulations that are related to criminal issues of additional restitution for victims of criminal acts. First Anugerah Karya Wisata (First Travel). Furthermore, in the Decision of the Makasar District Court Number 1235/Pid.B/2018/PN.MKS in the case of money laundering and embezzlement, the regulation of criminal acts of jointly committing fraud and money laundering as continuing actions in criminal law in Indonesia is regulated by Article 3 Jo. Article 4 Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes (UU PP-TPPU). While the laws and regulations governing criminal acts of fraud are regulated in Article 378 of the Criminal Code.

К вопросу о позитивном поведении в уголовном праве

The legislator’s decision on the issue of criminalization and decriminalization of acts is inextricably linked with the development of an attitude towards a particular act as positive, neutral or socially dangerous. We focus on the fact that ultimately the social purpose of criminal law norms is the assessment and direction of individual behavior in a socially useful way. The question of what kind of behavior in criminal law can be considered positive is considered. The content of this concept is characterized taking into account its historical variability. It is concluded that positive behavior in the doctrine of criminal law can’t be limited within the scope of post-criminal behavior. Turning to the philosophical understanding of values and the developments of conflictology made it possible to substantiate the distinctive feature of positive behavior is social utility. The conducted research made it possible to conclude that exemption from criminal liability due to the execution of an order or instruction has a different social and legal justification compared to other grounds that exclude the criminality of an act.

THE EBBS AND FLOWS. ON THE SCOPE OF CRIMINALIZATION IN POLISH CRIMINAL LAW FROM 2012 TO 2022

In modern criminal law, the scope of criminalization in different legal systems is considered an important part of the description of these systems. This fact is not surprising, since criminalization and possible changes in its scope are closely related to the assessment of the situation of the individual, both in the context of the rights and freedoms to which he is entitled, and when the issue of criminalization is dealt with by looking at this phenomenon from the perspective of the protection to which individuals and societies are entitled (not only, but to a large extent, criminal law protection) in relation to individual goods, the violation or exposure of which is considered socially harmful. This article takes as its object of analysis the changes in criminalization in Poland in the last decade (2012 – 2022). It analyzes and evaluates both changes in criminalization in the sense of expanding or narrowing the catalog of crimes, as well as changes in the intensity of criminalization, by which the author understands the tightening or softening of statutory threats of punishment. The latter is also discussed taking into account the use of legislative technique, aimed at shifting the emphasis from the judicial power to shape the punishment imposed in a specific criminal case, to the power of the legislature to set the statutory threat so that this power is exaggeratedly limited, mainly through the narrow inclusion in the law itself of the possibility of choosing the type of punishment and its lower and upper limits of the statutory threat.

Понятие преступления и классификация преступлений в уголовном праве зарубежных стран

Introduction. The legal, in particular, the criminal law direction of the comparative method application in science is currently an actively developing teaching in the system of domestic criminal law science. Because of this, and in the light of the fundamental shifts in world politics taking place in recent years, entailing corresponding changes in the system of international law, scientific research in the direction chosen by the authors is being updated. Materials and methods. The research is of a subject-scientific nature and is carried out, in general, on the basis of the study of the criminal legislation of foreign countries, which constitute the main scientific interest of the authors. The work was carried out taking into account the opinions of leading modern Russian scientists-specialists in the field of criminal law comparative studies. Analysis. The article studies the issues related to the definition in the criminal law of foreign countries of one of the basic concepts of criminal law doctrine – the concept of crime, as well as a number of emerging scientific problems. The complexity of the comparative legal study of this concept is aggravated by the absence of its legislative definition in a number of legal systems of modernity. To overcome this problem, the paper analyzes the concept of a criminal act characterized by signs of illegality (illegality), harmfulness (public danger), culpability and punishability. At the same time, the authors pay special attention to the issue of criminalization of criminal inaction. The historical and legal analysis of the attribute of causal relationship related to the act has been carried out. The article concludes with a study of doctrinal and legislative experience in the field of classification of crimes, as well as the practical significance of this issue for decision-making in the field of criminal legal assessment of committed acts. Results. The analysis allows the authors to formulate a number of reasonable and noteworthy conclusions of a comparative nature.