Criminal Issues Research Articles

Determinants of Community Behaviour Towards ICT-Oriented Applications - Volunteer Smartphone Patrol (VSP) PDRM

This study focuses on the determinants of community behaviour towards ICT-oriented applications - Volunteer Smartphone Patrol (VSP) PDRM as a medium to submit complaints. The VSP application has spanned four years since its launch in May 2016, but the community participation as a consumer is still low and far from the target set by the government. Registered members were also found to have less use of this application in making complaints and reports to the Royal Malaysian Police (PDRM), especially in dealing with criminal issues that occur within the community. Therefore, this study was conducted to find out if there is a relationship between factors that influence the intention of the community to use the PDRM VSP application. This study uses the Unified Theory of Acceptance and Use of Technology (UTAUT) by [1] as the basis for the formation of variables and research framework. The data were obtained from questionnaires distributed to 155 respondents living in the state of Kedah. The findings show that there was a significant relationship between factors that influence the intention to use VSP. The results of this study also found that the expectations of the effort and the conditions of the facility had a great influence on the intention to use VSP applications. Therefore, the study emphasizes that with the availability of better VSP applications, the effectiveness of PDRM service delivery to the community in the state of Kedah can be improved.

장애인학대범죄의 형사법적 쟁점과 개선방안

이 글에서는 장애인학대범죄의 개념, 구성요건, 법정형 등 장애인학대범죄의 형사법적 쟁점을 살핀 후 개선방안을 제시한다. 장애인학대범죄에는 형법상 학대죄가 적용되어 처벌되기도 하였는데, 형법상 학대죄는 그 적용범위가 포괄적이기는 하나 그 주체가 보호, 감독자로 한정되고, 학대의 수준이 생명, 신체의 안전에 위험을 초래할 정도에 이를 것을 요하며 법정형이 획일적으로 낮게 정하여져 있다는 등의 한계를 갖는다. 이후 장애인복지법상 장애인학대를 금지하는 규정이 도입되면서 장애인학대의 개념이 세분화되었고, 이러한 금지행위를 위반하는 자를 다양한 법정형으로 처벌하는 규정이 도입되었다. 장애인복지법상 장애인학대범죄는 신고의무의 범위와 장애인권익옹호기관의 개입권한의 범위를 확정하기 위한 개념으로 사용되고 있는데, 구체적인 죄명을 열거하는 방식으로 입법되지 않았다는 점에서 한계를 갖는다. 최근에 도입된 장애인학대관련범죄 개념이 사실상 대부분 장애인학대범죄와 겹친다고 보아야 할 것이나, 명확한 해결을 위해서는 장애인학대범죄를 구체적으로 정의하는 법개정이 필요하다. 장애인 성폭력 유형이 다양함에도 획일적인 같은 법정형으로 처벌하는 것은 문제이다. 장애인 성희롱, 정서적 학대 등은 기존에 처벌되지 않던 행위를 새롭게 처벌하거나 그 처벌범위를 확장한 것이이므로, 이에 관한 구체적인 사례들을 다양하게 수집하여 그 구성요건을 소개, 분석할 필요가 있다. 장애인에 대한 노동력 착취, 경제적 착취형태의 장애인학대범죄의 심각성을 담아낼 수 있는 새로운 구성요건에 대한 입법이 시도될 필요가 있다.

Segurança e gestão urbana:

Os atuais níveis de violência põem em xeque os modelos tradicionais de policiamento no Brasil e indicam a necessidade de um tratamento mais holístico e interdisciplinar. No entanto, ainda são raros os trabalhos que lidam com a problemática considerando simultaneamente a criminalidade a paisagem e a percepção de segurança. Assim, este artigo tem por objetivo trazer algumas possibilidades teórico-conceituais e analisar criticamente a produção científica publicada em periódicos nacionais sobre o tema violência e gestão urbana. A busca por artigos se deu na base de dados SciELO, sendo selecionados apenas aqueles que abordam a questão da segurança publica e/ou criminalidade associada ao espaço urbano. Apenas um estudo trata da percepção espacial da violência, considerando simultaneamente a criminalidade a paisagem e a percepção de segurança. Portanto, constatada a carência de análises qualitativas e quantitativas com foco na interdisciplinaridade.

¿La justicia de la ‘mano muerta del pasado’? Sobre la interpretación dinámica y el principio de legalidad penal

El problema de la ‘mano muerta del pasado’ refiere a la cuestión que se plantea en teoría de la interpretación acerca del grado de fidelidad que se le debe a quienes redactaron y aprobaron una disposición jurídica. Esta tesis suele ser discutida intensamente por quienes defienden una interpretación dinámica de las normas y disposiciones que reconocen derechos fundamentales. Sin embargo, esto introduce un reto complicado al momento de interpretar el alcance del principio de legalidad penal, porque de la pretensión de asegurar la eficacia de las normas penales no podría derivarse alguna clase de aplicación analógica de las disposiciones jurídicas. Por ende, cabría preguntarse, ¿es la interpretación dinámica irreconciliable con el principio de legalidad que modela al derecho penal propio de un Estado de Derecho? ¿Es la interpretación dinámica simplemente una excusa para eludir la prohibición de aplicación analógica de normas penales? Este trabajo pretende brindar una respuesta a tales interrogantes.

К вопросу о средствах, влияющих на достижение эффективности уголовно-процессуальной деятельности

The relevance of the chosen topic is due to the absence in the doctrine of scientific research related to the problems of ensuring the effectiveness of criminal procedural activity. The purpose is to identify, structure and study the means that affect the effectiveness of procedural activities in order to further optimize them. The objectives of the research are: classification of means that ensure the effectiveness of criminal procedural activity; development and justification of the feasibility of identifying several levels at which the tasks of ensuring the effectiveness of procedural activities are solved; characteristic of each level. Methodology. The methodological basis of the research was formed by the method of dialectical cognition; specific sociological methods: questioning, observation; method of system-structural analysis; and etc. Results. 4 levels were identified and substantiated, on the basis of which the means that affect the effectiveness of criminal procedural activity are manifested - this is the scientific level, legislative, law enforcement and personal. Conclusions. The scientific level, in the author's opinion, is manifested in the development of a scientific concept of the organization of criminal proceedings, as well as in the development and application of scientific achievements that are in demand in practice, their substantiation and adaptation in criminal procedural activities. The legislative level of ensuring the effectiveness of the criminal procedure is formed both from the development by the legislator of an impeccable legal framework, and the formation of the legal positions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation regarding controversial issues of interpretation of certain norms of the law and their compliance with the Constitution of the Russian Federation, as well as the correctness of application. The law enforcement level covers the means and methods, as well as the organizational aspects of criminal procedure. The author substantiates his opinion that law enforcement should contain a stage of execution of decisions to the extent that criminal procedural issues are resolved. The personal level is the conscious activity of the participants in criminal proceedings, based on their knowledge, will, motivation for their actions and decisions, as well as psychological and moral attitudes.

On the issue of criminalization of the organization of begging

On the issue of criminalization of the organization of begging

Pedagogies of violence: criminal policies of post-dictatorial Chile

This paper is about the (re) production of violence immersed in the criminal policies of the post-dictatorship in Chile, addressing from a qualitative perspective, through the analysis of in-depth interviews conducted in three prisons in Chile, some of the knowledge/power devices that institute the selective persecution of the prisoner bodies and the continuous circuit of violence that characterizes the contemporary criminal issue.

엔터테인먼트 산업에 수반되는 형사법적 문제점 - 연예기획사 사건을 중심으로 -

엔터테인먼트 산업에 수반되는 형사법적 문제점 - 연예기획사 사건을 중심으로 -

Some features of the criminal law regulation of liability for sexual abuse against children in some European countries

There is the search for optimal ways to improve domestic legislation in terms of criminal liability for sexual abuse of children by analyzing the latest changes and additions to the Criminal Code of some European countries. One such way is to criminalize such an act as "cybergrooming". The analysis of the relevant criminal law of the Kingdom of Belgium, the Republic of Bulgaria and the Kingdom of Spain has allowed to conclude that the approach of the legislator of the Republic of Bulgaria to the regulation of criminal liability for "cybergrooming" seems to be worth worth studying its practical application in order to determine the possibility of future borrowing by the domestic legislator. In addition, on the positive side, the Criminal Code of this state has criminal liability for lewd acts or sexual intercourse with a minor engaged in prostitution. The Criminal Code of the Kingdom of Spain deserves attention to the existence of a single rule (Article 183), which includes various manifestations of sexual violence against children. The author has noted that such an approach of the legislator of this state also requires a separate, more in-depth analysis for its possible borrowing by the domestic legislator. In addition, it is worth studying the issue of separate criminalization in the Criminal Code of Ukraine as sexual violence, sexual intercourse with persons aged sixteen to eighteen, committed with the use of influence on the victim in such ways as: fraud or abuse of trust, abuse of official position by an official.

CASE-LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON CRIMINAL ISSUES WITHIN MARKET ABUSE AT EUROPEAN LEVEL

A set of legislative instruments regulating market abuse have been adopted by the European Union. As regards criminal law sanctions, the principal contemporary legislative instrument in this field, addressed to its Member States, is the Directive 2014/57/EU on criminal sanctions for market abuse. Legislation has been supplemented by the case-law of the Court of Justice of the European Union (formerly known as the Court of Justice of the European Communities). It is a key element for the development of legal practice in all Member States of the European Union. The assessment of case-law on criminal issues within market abuse is therefore needed. The paper analyses relevant cases. In each case at the outset a reference for a preliminary ruling is mentioned. Further, dispute in the main proceedings and the question(s) referred for a preliminary ruling are analysed. The most important parts of analyses are considerations by the Court of Justice and its rulings.

SOCIAL CHANGE, CRIMINALITY AND COVID-19: THE NIGERIAN CASE STUDY

This study examine how covid-19 has induced social changes and criminality in Nigeria as a result of economic lockdown, restriction on inter-state movement, closure of international borders, restriction of religious worship, restrictions on all forms of marital rites, ban on all burial and funeral activities, suspension of all educational activities, and social interactions replaced by social distancing. Due to this alteration of the normal human life, and since survival is key, hence the issue of criminality. This paper examined cases of criminality in the country during lockdown, government interventions to mitigate the increase in criminality as a result of the pandemic, implication of covid-19 on fashion, determinant, forms and resistance to social change. The paper is qualitative in nature and relied principally on secondary data to achieved the scope of the study, these includes publications sourced from text books, bulletins, journals, government documents, newspapers and internet. The conflict and conspiracy theory of social change was adopted as the theoretical framework for the study. The findings in this study showed that the government with the aim to mitigate the spread of the pandemic in the country restricted the movement of its citizens with compulsory sit-at-home, thus affecting the normal life of its citizens, government intervention at the federal, state and local level is grossly inadequate to cushion the effect of the epidemic on the vulnerable citizens of the country, several structural factors helped triggered Nigeria’s current economic crises such as poor public health infrastructure, institutional corruption, weak and underdeveloped digital economy, lack of social welfare programme, leadership problem, over-dependent on oil sector of the economy, lack of saving culture and, high debt profile of Nigeria. The paper recommends that government should create an enabling environment to increase the standard of living of its citizens as poverty fuels criminality, the government should not politicalize the distribution of relief materials to victims in the face of emergencies, since the protection of the welfare and well-being of the people is the reason for governance, need for good governance and the rule of law, and government should improve capacity-building strategies for adequate security of life and property in Nigeria.

STRENGTHENING THE POSITION OF IMMIGRATION POLICIES IN THE PREVENTION OF TRADE CRIMINAL ACTIONS AND HUMAN STUNNING

Transnational crime in the territory of Indonesia is increasingly motivated by several pushes and pull factors. First, Indonesia's strategic position makes many people tempted to anchor to Indonesia to make Indonesia a transit country and live and develop. This is worrying because it cannot be denied that foreigners enter a country in an illegal way and cross borders. Second, state borders without immigration documents or other valid documents will create new problems, which of course, can lead to criminal issues. Of course, a policy of equitable borders and controls is the answer to this problem.Another thing that cannot be left out is that establishing a positive law that is firm and binding is the key to the success of this policy. This research study uses normative legal research methods with qualitative data collection juxtaposed with descriptive analysis techniques so that the existing problems regarding transnational crimes, especially human smuggling, can be presented comprehensively and informatively. Outreach to the community as the first informant is one of the keys to community-based surveillance and enforcement management. It is hoped that with the coordination and synergy of problems related to foreign nationals who are the perpetrators of human smuggling crimes, it is expected that it can decrease statistically so that the selective policy principle that is aspired is that only foreigners who provide benefits and have valid documents can enter Indonesian territory and give services to Indonesia's national progress.

Bareback Sex in the Age of Preventative Medication: Rethinking the ‘Harms’ of HIV Transmission

The experiences of people living with HIV have been transformed over recent years. Advances in medical science have made the virus a manageable chronic condition, while eliminating the risk of onward transmission for those with access to treatment, something referred to as TasP (treatment as prevention) or U=U (undetectable equals untransmissible). More recently, the availability of PrEP (pre-exposure prophylaxis), alongside PEP (post-exposure prophylaxis), through the NHS has created the conditions for condomless sexual encounters to take place without the fear of HIV transmission associated with previous decades. Despite this, the criminal law has continued to frame HIV in terms of personal responsibility and bodily autonomy within the dominant narratives of danger, disease, and out-dated science. Doctrinal law has failed to keep pace with social and scientific change. Therefore, in this article, we provide a re-examination of the criminal issues relating to HIV transmission within this new landscape, arguing that it necessitates a shift in attitude, policy and doctrine. We specifically argue that HIV transmission does not meet the appropriate harm threshold to constitute GBH and that if criminal law is ultimately about preventing or regulating harm, the ongoing criminalisation of HIV transmission is counter to that aim.

Determinants of the Fear of Crime in Argentina and Brazil: A Cross-Country Comparison of Non-Criminal and Environmental Factors Affecting Feelings of Insecurity

Argentina and Brazil report the highest incidence of the fear of crime across Latin America. Although the spread of crime and victimization may explain these trends initially, the focus in this paper is on the significance of non-criminal factors in explaining the fear of crime, such as socio-economic vulnerability, educational level and trust in people and institutions, as well as exposure to violence at one’s place of residence. Using a subset of data from the 2017 edition of the Latinobarometro survey (n = 2400), a regression analysis was conducted showing that the fear of crime is radically different between the two countries. In Argentina, as in certain European countries, people’s fears of crime are positively associated with socio-economic vulnerability and in turn negatively associated with state-driven violence. The latter has a protective effect on Argentinians’ feelings of insecurity, while in Brazil the fear of crime is to a greater extent a consequence of previous victimization and a general distrust in other people. Despite this key difference, our results shed light on the problem of social cohesion in both countries, suggesting that the fear of crime is a social rather than criminal issue.

Evidence-based opinions? How the top jurists in the United States differ in their use of social science in criminal procedure decisions

ABSTRACT The use of social science research in reaching a judicial decision with broad societal implications dovetails with the emerging push for evidence-based policies regarding criminal procedure issues. This article examines the use of social science research by individual U.S. Supreme Court Justices and the type of publication from which they cite over a fifteen-term period. Results indicate that peer-reviewed articles are a prevalent type of social science research relied upon by Supreme Court Justices and that the use of social science varies widely among members of the Court. Policy implications and future research avenues are discussed.

Where are we? Using Scopus to map the literature at the intersection between artificial intelligence and research on crime

Research on artificial intelligence (AI) applications has spread over many scientific disciplines. Scientists have tested the power of intelligent algorithms developed to predict (or learn from) natural, physical and social phenomena. This also applies to crime-related research problems. Nonetheless, studies that map the current state of the art at the intersection between AI and crime are lacking. What are the current research trends in terms of topics in this area? What is the structure of scientific collaboration when considering works investigating criminal issues using machine learning, deep learning, and AI in general? What are the most active countries in this specific scientific sphere? Using data retrieved from the Scopus database, this work quantitatively analyzes 692 published works at the intersection between AI and crime employing network science to respond to these questions. Results show that researchers are mainly focusing on cyber-related criminal topics and that relevant themes such as algorithmic discrimination, fairness, and ethics are considerably overlooked. Furthermore, data highlight the extremely disconnected structure of co-authorship networks. Such disconnectedness may represent a substantial obstacle to a more solid community of scientists interested in these topics. Additionally, the graph of scientific collaboration indicates that countries that are more prone to engage in international partnerships are generally less central in the network. This means that scholars working in highly productive countries (e.g. the United States, China) tend to mostly collaborate domestically. Finally, current issues and future developments within this scientific area are also discussed.

Where Are We? Using Scopus to Map the Literature at the Intersection Between Artificial Intelligence and Crime

Research on Artificial Intelligence (AI) applications has spread over many scientific disciplines. Scientists have tested the power of intelligent algorithms developed to predict (or learn from) natural, physical and social phenomena. This also applies to crime-related research problems. Nonetheless, studies that map the current state of the art at the intersection between AI and crime are lacking. What are the current research trends in terms of topics in this area? What is the structure of scientific collaboration when considering works investigating criminal issues using machine learning, deep learning, and AI in general? What are the most active countries in this specific scientific sphere? Using data retrieved from the Scopus database, this work quantitatively analyzes 692 published works at the intersection between AI and crime employing network science to respond to these questions. Results show that researchers are mainly focusing on cyber-related criminal topics and that relevant themes such as algorithmic discrimination, fairness, and ethics are considerably overlooked. Furthermore, data highlight the extremely disconnected structure of co-authorship networks. Such disconnectedness may represent a substantial obstacle to a more solid community of scientists interested in these topics. Additionally, the graph of scientific collaboration indicates that countries that are more prone to engage in international partnerships are generally less central in the network. This means that scholars working in highly productive countries (e.g. the United States, China) tend to mostly collaborate domestically. Finally, current issues and future developments within this scientific area are also discussed.

Trafficking in Human Beings for Forced Labour. Contemporary Trends and Threats

The article is devoted to the issue of human trafficking in legal and criminological terms, with particular emphasis on the exploitation of victims of the crime for work or forced services. The author introduces the essence of forced labour by reaching for many of its legal definitions contained in legal acts in the rank of conventions, as well as ordinary laws. At the same time, it highlights the factors that characterize the type of work indicated and allow to distinguish it from other types of violations, including violation of employee rights. The phenomenon of human trafficking is shown through the prism of its current evaluation tendencies, both globally and regionally (European, and especially EU). To this end, the author presents statistical data collected in recent years by, inter alia, the United Nations Office on Drugs and Crime, the International Labour Organization, the International Organization for Migration and the European Commission. She emphasizes, however, that the actual scale of the aforementioned crime remains unknown. A significant part of the discussion focuses on the issue of human trafficking in modern Poland, showing the scale of the dealings in question, diagnosed in recent years by law enforcement agencies. A lot of attention is also paid to the spectrum of crime threats on the Polish labour market from the perspective of foreigners. Thus, with particular care, she considers the problem of violating the employment rights of Ukrainian citizens as the largest group of foreigners illegally employed in Poland. She also shows the legal situation in this area of the citizens of Belarus, Moldova, India and Russia. She discusses this issue in the context of activities of the National Labour Inspectorate included in the audit report for 2017. The author further scientific interest includes the issue of criminalization of human trafficking in selected countries around the world. In this respect, it refers primarily to legal regulations contained in the Latvian, Hungarian, Swiss, Finnish, Ukrainian and Liechtenstein penal codes. The author’s ambition was to present the indicated issues in a concise manner, while also taking into account its most important aspects.

Major Criminal Issues in the Act on the transboundary Movement of hazardous Waste and their Disposal - focused on whether the waste engine is wastes subject to export or import restrictions(the Supreme Court's decision in case no. 2019DO6525 delivered in November 14, 2019) -

Major Criminal Issues in the Act on the transboundary Movement of hazardous Waste and their Disposal - focused on whether the waste engine is wastes subject to export or import restrictions(the Supreme Court's decision in case no. 2019DO6525 delivered in November 14, 2019) -

The Subjects of Constitutionalization of Criminal Law

Introduction. The constitutionalization of criminal law, assuming the proper implementation in the theory and practice of criminal law regulation of constitutional principles and values, is a conscious, controlled process that has a strictly defined group of entities with their respective roles. Internally, the complex issue of the subjects of constitutionalization of criminal law has not yet been scientifically considered, which makes addressing the problem significant and timely. Theoretical Basis. Methods. The study is based on two major theoretical concepts developed by domestic experts: the theory of constitutionalization of the branches of law and the theory of systemic relations of criminal law. The methods of systems analysis, the method of constitutional examination, the analytical method, modelling and forecasting – all were used in this work. Results. The constitutionalization of criminal law presupposes the coordinated work of all state bodies to translate constitutional norms and principles into criminal law and practice. Moreover, each of the subjects of constitutionalization fulfills its functional role in this process. The institutional constitutionalization mechanism of criminal law, which is considered from an institutional point of view, includes: conducting a legal (including conformity with the Constitution of the Russian Federation) examination of draft criminal laws in the State Duma; conducting a legal examination of adopted criminal laws in the Federation Council, and interpreting criminal laws on the subject their compliance with the Constitution of the Russian Federation by courts of general jurisdiction; a ban on the application of criminal laws that are doubtful from the point of view of the court; an appeal to the Constitutional Court with a request for constitutional assessment; verification of the constitutionality of the criminal law in the Constitutional Court of the Russian Federation, and the execution of its decisions by the legislator and enforcer. Discussion and Conclusion. Understanding the subjects of constitutionalization of criminal law and their powers enables us to identify weaknesses in the organization of this process, and to outline ways of optimising it. Among them, of particular importance are the conduct of a constitutional examination of draft laws on criminal liability, systematization of the legal positions of the Constitutional Court of the Russian Federation on criminal law issues, and the formation of a constitutional and legal awareness of the law enforcement.