Criminal Judgments Research Articles

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.

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.

Comparison of Judgment Document Information Between China and Russia Based on Corpus

The study of legal comparisons has become particularly important as the number of foreign-related legal disputes has increased dramatically with the growing number of cross-border trade. This study discovers the differences and similarities between Chinese and Russian judgment documents and provides a linguistic basis for the academic theoretical researches and the call for linguists to enter the courtrooms by establishing a corpus of Chinese and Russian judgement documents, quantifying and analysing the Chinese and Russian judgement documents based on the Legal Discourse Information Theory. It can be found that the macro-structure of civil ruling documents is clearer but does not provide more micro-information. By adding language elements, it can be seen that there are more information points and information components in Russian criminal judgment documents. The information points in Chinese civil judgment documents are more concentrated than in Russian civil judgment documents, while they are more similar in terms of the proportion and type of information components.

Fair and optimal prediction via post‐processing

AbstractWith the development of machine learning algorithms and the increasing computational resources available, artificial intelligence has achieved great success in many application domains. However, the success of machine learning has also raised concerns about the fairness of the learned models. For instance, the learned models can perpetuate and even exacerbate the potential bias and discrimination in the training data. This issue has become a major obstacle to the deployment of machine learning systems in high‐stakes domains, for example, criminal judgment, medical testing, online advertising, hiring process, and so forth. To mitigate the potential bias exhibited by machine learning models, fairness criteria can be integrated into the training process to ensure fair treatment across all demographics, but it often comes at the expense of model performance. Understanding such tradeoffs, therefore, is crucial to the design of optimal and fair algorithms. My research focuses on characterizing the inherent tradeoff between fairness and accuracy in machine learning, and developing algorithms that can achieve both fairness and optimality. In this article, I will discuss our recent work on designing post‐processing algorithms for fair classification, which can be applied to a wide range of fairness criteria, including statistical parity, equal opportunity, and equalized odds, under both attribute‐aware and attribute‐blind settings, and is particularly suited to large‐scale foundation models where retraining is expensive or even infeasible. I will also discuss the connections between our work and other related research on trustworthy machine learning, including the connections between algorithmic fairness and differential privacy as well as adversarial robustness.

Excessive Putative Self-Defense—Comments on No.821 Criminal Judgement (2021) of Tainan Branch of Taiwan High Court and No.91 Criminal Judgement (2002) of Taiwan High Court

Excessive Putative Self-Defense—Comments on No.821 Criminal Judgement (2021) of Tainan Branch of Taiwan High Court and No.91 Criminal Judgement (2002) of Taiwan High Court

Asset Recovery via Non-Conviction based Forfeiture: Rationale for Regulation and Recommendations for Implementation in Vietnam

Abstract Recovering stolen assets through non-conviction based forfeiture is one of eight avenues for asset recovery due to corruption outlined in the United Nations Convention against Corruption. Implementing legislative measures to confiscate criminal property through non-conviction based forfeiture is among the 40 recommendations of the Financial Action Task Force. Vietnam formally signed the United Nations Convention against Corruption in 2003 and, while holding an associate membership status in the Financial Action Task Force, Vietnamese legislation lacks provisions enabling the application of this measure. The magnitude of financial and asset losses attributable to corruption remains substantial, rendering existing legal mechanisms ineffectual. Limited success of asset recovery through criminal judgments were taken into account nonetheless, the current national situation calls for more stringent and emergent practices. Grounded in understanding the efficacy of non-conviction based asset recovery mechanisms, this research paper underscores the necessity for Vietnamese law to incorporate such provisions to combat corrupt practices and proposes actionable recommendations for its adoption. The study seeks to enhance Vietnam’s legal framework concerning asset recovery methodologies for more favorable outcomes in the future. Furthermore, it aims to serve as a credible resource for the global academic community, shedding light on Vietnam’s legal landscape and anti-corruption efforts. The findings of this study also benefit developing nations, particularly those in the process of formulating regulations about non-conviction based asset recovery measures.

Extended confiscation in simplified criminal judgment procedure and in special proceedings

The scientific approach is directed towards addressing the evolution of the modern criminal process, which has begun to integrate priorities such as interest and efficiency at the expense of other traditional values, such as finding out of the truth. In this context, negotiated justice, although it seems to neglect certain principles such as adversarial proceedings, is becoming increasingly common, as it simplifies and speeds up criminal procedures. On the other hand, failing to recover the proceeds of crime or assets resulting from a criminal activity and leaving them to the perpetrator would be tantamount to ignoring the purpose of the criminal process to protect the individual, society and the state from crime. The study focuses on assessing the compatibility of the extended confiscation with these procedures, examining the existing legal framework and proposing solutions for its improvement.

An Empirical Study on the Use of Justice for Implicated Offenders — Targeting 117 Criminal Judgments

In China’s criminal law theory, implicated offenders are defined as “a crime to be punished”, and unless otherwise provided for in the criminal law, they are to be punished as “a felony”. In judicial practice, the number of implicated cases is increasing, and there are many controversial points. The first is the contradiction at the theoretical level, because it has become a trend in traditional civil law countries to abolish implicated offenders, and the controversy over the existence and abolition of implicated offenders is constantly controversial in legal theory. The second is the contradiction at the practical level, in terms of the application of specific cases, the existing legal provisions of the implicated offender cannot exhaust the current practical needs, and there is no clear and comprehensive legal basis for determining the implicated offender.

Breach of Fiduciary Duty in Trade Secret Infringement Cases: Brief Analysis of the Criminal Judgment of Supreme Court (110) Tai-shang Tsu No. 2922

Breach of Fiduciary Duty in Trade Secret Infringement Cases: Brief Analysis of the Criminal Judgment of Supreme Court (110) Tai-shang Tsu No. 2922

Analysis of the Reasons for the Rejection of Parole Applications in Macao with 10 Criminal Judgments as Examples

The criminal law of the Macao Special Administrative Region has been influenced by European criminal law, and its provisions on parole are also very distinctive. This paper analyzes the current judicial situation of the application of the parole system in the Macao Special Administrative Region and carries out the necessary theoretical research and analysis by taking the relevant past judgments as the object of study. Based on the analysis and summarization of the cases, it can be concluded that the parole system of the Macao Special Administrative Region is characterized by the importance of the completeness of the formal and substantive elements, the impact of parole on society, and the individual’s right to consent to parole. Both the protection of the right to request parole and the provision of appeal against parole decisions are the application of the right to parole doctrine.

Using Bidirectional Encoder Representations from Transformers (BERT) to predict criminal charges and sentences from Taiwanese court judgments.

People unfamiliar with the law may not know what kind of behavior is considered criminal behavior or the lengths of sentences tied to those behaviors. This study used criminal judgments from the district court in Taiwan to predict the type of crime and sentence length that would be determined. This study pioneers using Taiwanese criminal judgments as a dataset and proposes improvements based on Bidirectional Encoder Representations from Transformers (BERT). This study is divided into two parts: criminal charges prediction and sentence prediction. Injury and public endangerment judgments were used as training data to predict sentences. This study also proposes an effective solution to BERT's 512-token limit. The results show that using the BERT model to train Taiwanese criminal judgments is feasible. Accuracy reached 98.95% in predicting criminal charges and 72.37% in predicting the sentence in injury trials, and 80.93% in predicting the sentence in public endangerment trials.

Legal dilemma and standardized evidence collection model for property embezzlement cases: An empirical analysis based on 214 Chinese criminal judgment documents

Legal dilemma and standardized evidence collection model for property embezzlement cases: An empirical analysis based on 214 Chinese criminal judgment documents

초원(蕉園) 김석신(⾦碩⾂)의 생애와 회화 연구

Kim Seok-shin (⾦碩⾂, 1958~?) was born into a major family of painters during the Late Joseon Dynasty, Kaesung Kim family (開城⾦⽒), and was a painter of the court under the reign of Jeongjo and Sunjo. Although he was overshadowed by the fame of his uncle Kim Eung-hwan(⾦應煥, 1742?~1789) and brother Kim Deuk-shin (⾦得⾂, 1754~1822), he indeed was a capable painter with substantial talent in landscape painting.
 There are five pieces of true-view landscape paintings by Kim Seok-shin depicting the real landscape of suburbs of Seoul. Of these, Dobongdo (道峰圖), as its title suggests, appears to have been produced by Kim Deuk-shin upon the request of Dobongsan sightseeing by Criminal Judge Lee Jae-hak(李在學, 1745~1806) and Left Uijeong Seo Yong-bo(徐⿓輔, 1757~1824) in 1805 (Sunjo Year 5). Other paintings are also determined to have been painted at the same time as they depict scenic places around Seoul and the sizes and strokes are all similar. These paintings by Kim Seok-shin express popular spots of the Han River as realistically as possible and in an original way under direct and indirect influence by senior painters including Jung Seon (鄭敾, 1676~1759), Sim Sa-jung (沈師正, 1707~1769), Kim Eung-hwan, and Kim Hong-do (⾦弘道, 1745~1806?). Especially, apart from Kim Deuk-shin who was greatly influenced by Kim Hong-do, directly succeeding Kim Eung-hwan’s style, who had been influenced by Jung Seon and Sim Sa-jung, his style is more apparent in demonstrating Kaesung Kim family’s style, as well as the variety and process of change of landscape paintings during the Late Joseon Dynasty. Furthermore, his descendants continued to work as painters of the court as family business, lading to a conclusion that his painting style may have provided certain impact on establishing Kaesung Kim family’s style. In conclusion, Kim Seok-shin appears to have played a pivotal role in establishing Kaesung Kim family as a prestigious painters family, and substantially impacted the court painting style during the Postand Late Joseon Dynasty.

Criminal Judgment Execution Law - An Area of Vietnamese Administrative Law

Execution of criminal judgments is an inevitable requirement of the process of enforcing court judgments in social life, which is governed by legal norms. However, in Vietnam, there are currently different concepts of the position, features, and scope of the criminal judgment execution law, leading to various approaches and consequences in the construction and enforcement of the law. Thus, this article argues for a new understanding of criminal judgment execution law by considering it as an area of Vietnamese administrative law.
 
 
 

Improved Word Segmentation System for Chinese Criminal Judgment Documents

ABSTRACT In this paper, a system for automatic word segmentation of Chinese criminal judgment documents is proposed. The system uses a hybrid model composed of fine-tuned BERT (Bidirectional Encoder Representations from Transformers), BiLSTM (Bidirectional Long Short Term Memory) and CRF (Conditional Random Field) for named entity recognition, and introduces a custom dictionary that includes common professional terms in Chinese criminal trial documents, as well as a rule system based on judicial system and litigation procedure related regulations, to further improve the accuracy of word segmentation. BERT uses a deep bidirectional Transformer encoder to pre-train general language representations from large-scale unlabeled text corpora. BiLSTM uses two LSTM networks, one for the forward direction and one for the backward direction, to capture the context from both sides of the input sequence. CRF uses a set of features and weights to define a log-linear distribution over the output sequence. Experimental results show that the proposed system has significantly improved word segmentation accuracy compared to the current commonly used Chinese word segmentation models. In the results of the segmentation of the test data, the F1 scores for jieba, THULAC and the segmentation system proposed in this paper are 85.59%, 87.94% and 94.82%, respectively.

Educational inequality or educational segregation? The determinants of criminal activities in 288 Chinese cities

The relationships between inequality and crime and segregation and crime are classic topics in crime geography. However, the effects of city-level inequality and segregation based on an individual's socioeconomic status on crime in a racially homogeneous country such as China remain largely unexplored. Using novel location-based service population big data, criminal judgment records, and a nationally representative survey, we measure the degree of educational inequality and educational segregation in 288 Chinese cities and then simultaneously examine their effects on theft and violent crime rates. The results suggest that inequality and segregation are two distinct constructs that reflect social polarization, as evidenced by their different spatial distribution patterns and low correlations. Both educational inequality and educational segregation have significant and positive effects on the incidence of theft and violence at the city level. These relationships remain robust to introducing instrumental variables to address the endogeneity issue. Considering these findings, it is imperative to take a multi-sectoral and coordinated approach to reducing inequality and segregation and, ultimately, deterring crime. By understanding and acting upon these factors, policymakers can work toward promoting a safer and more equitable society across China.

Systemic Risk and Specialized Criminal Judges: The Brazilian TRF3 Case?

Systemic Risk and Specialized Criminal Judges: The Brazilian TRF3 Case?

Design of a web-based application for managing evidence data at the East Aceh District Prosecutor's Office

The prosecutor's office is a government institution that has the authority to delegate, prosecute perpetrators in court and carry out the decisions and decisions of criminal judges. Evidence is the object of a criminal act. Administrative processing of evidence at the East Aceh District Prosecutor's Office uses office computer applications so that the data stored is not well structured and is not centralized. This makes it difficult for evidence officers to recapitulate data quickly and efficiently. Apart from that, the risk of data loss or administrative errors is also prone to occur due to the absence of an authentication process for office computer application users for handling such evidence. The aim of this research is to build an evidence data processing application to facilitate the activities of evidence and confiscated property management section officers to manage data effectively.

Retracted: Key Information Extraction of Food Environmental Safety Criminal Judgment Documents Based on Deep Learning

Retracted: Key Information Extraction of Food Environmental Safety Criminal Judgment Documents Based on Deep Learning

Review Of The Punishment Of Substitute Money And Its Consequences In The Criminal Act Of Corruption (Study Of Decision Number 51 / Pid. Sus-Tpk/2020/Pn. Smg)

Payment of substitute money is an additional crime imposed by the panel of judges to recover state financial losses, as in Decision Number 51/Pid.Sus-TPK/2020/PN. Smg. The verdict is interesting to examine, what is the result of the panel of judges imposing additional penalties in the payment of substitute money in accordance with the purpose of the law, as well as how the view according to Islam. The study aims to analyze the consequences of the panel of judges imposing an additional criminal judgment on the payment of substitute money in Decision Number 51/Pid.Sus- TPK/2020/PN. Smg and his views according to Islam. The research is normative legal research, with a statutory approach and a conceptual approach, legal materials in the form of primary, secondary, and non-legal, the object of research is Decision Number 51 / Pid.Sus-TPK / 2020 / PN. Smg. Techniques for collecting legal materials with literature studies, with deductive analysis methods. The results of the study, as a result of which the judge's consideration did not clearly outline the calculation of state money used by the convict, imperfect defects, and non-achievement of legal objectives. Additional penalties for payment of substitute money according to Islam can be imposed on the convict because the property of Allah SWT is a mandate that must be accounted for its use