Criminal Judgments Research Articles

The Perpetrator-Victim Relationship: An Important Clue in Understanding Intimate Partner Homicide in China.

Intimate partner homicide (IPH) is a global public health issue that has serious consequences for an individual's health. Whereas prior research has made some progress analyzing the perpetrator-victim relationship in understanding the dynamics of IPH, research set in the context of China in this field using the perpetrator-victim relationship as a focal variable in analyzing IPH is still lacking. The current study addresses this gap and builds on existing research by exploring the significance of the perpetrator-victim relationship in order to facilitate a deeper understanding of IPH in China. After examining 979 IPH criminal judgments, the findings revealed that the perpetrator-victim relationship is an important clue in understanding IPH in China today. By analyzing the correlation between intimate relationships as a focal variable and other variables such as IPH characteristics and risk factors, it is possible to understand the prevalence of IPH in China in greater detail. Irrespective of the kind of relationship between the perpetrator and victim, the findings revealed that most of them come from lower socioeconomic backgrounds, have no previous history of intimate partner violence, and are not satisfied with their marriages. Although research has provided detailed explanations, the perpetrator-victim relationship remains neglected, especially in the context of research on contemporary China. The findings showed that over half of the perpetrators and victims had intimate relationships with people outside their marriages. This may be the main reason for the rapid increase in the number of instances of IPH, which seems to be in tandem with China's rapid modernization and urbanization.

СОВРЕМЕННОЕ ПОНЯТИЕ, СУЩНОСТЬ И ДИНАМИКА РАЗВИТИЯ ИНСТИТУТА СЛЕДСТВЕННЫХ ДЕЙСТВИЙ В УГОЛОВНОМ ПРОЦЕССЕ РЕСПУБЛИКИ УЗБЕКИСТАН

The article deals with the issues of the modern concept, essence and features of the institute of investigative actions. The methodological basis of the study of the essence of the institute, the theory of modernization and liberalization of the judicial and legal system of the country, which form the basis for the reform of the entire regulatory framework in the Republic of Uzbekistan, is also considered. The conclusions and analysis of the issues under consideration are based on the empirical research, which includes the results of a sociological survey of 500 interrogators, investigators of the Ministry of Internal Affairs, the Prosecutor General’s Office, criminal judges and lawyers, as well as the analysis of materials of 1000 criminal cases from the archive of the Criminal Court of Tashkent city. In addition, the analysis of statistical data on crime records for ten years (2010-2021) was carried out. The article considers the concept of the institution «investigative action», which is on the agenda from the perspective of criminal procedure law and the theory of criminalistics, and studies the classification of investigative actions. The article examines the development dynamics of the institute of investigative actions in criminal proceedings, issues related to the introduction of the term «urgent investigative actions» into the legislation and their list, as well as the problems of creating equal conditions for participants in the process when presenting evidence to the investigator in order to ensure competitiveness. In addition, the need to eliminate the institution of witnesses from the criminal process and the tactics of investigative actions were studied.

Criminal victimization of people with epilepsy: Sixteen criminal judgments in Japan between 1990 and 2019

Criminal behavior by people with epilepsy (PWE) has often been discussed. However, there are limited studies on criminal victimization of PWE—in particular, how such victimizations occur. We identified criminal cases involving victims with epilepsy using databases containing criminal judgments and found 16 such cases between 1990 and 2019. Seven were homicide cases, including four filicide cases. In the four filicide cases, all the perpetrators had the intention of homicide-suicide; all the victims had intellectual disabilities or cerebral palsy; two of these victims had acted violently toward the family; and two mothers who perpetrated the crime against the victims had depression. It seemed that the comorbidities and problem behaviors of the victims were more strongly related to serious crimes by family caregivers than the epilepsy itself. To prevent victimization caused by family caregivers, reducing their stress levels is important. Defendants sometimes argued against objective evidence of a crime, claiming that epileptic seizure of PWE caused or was related to the death of victims. Legal and medical professionals involved in determining the manner of death need careful evaluation when sudden deaths of PWE occur.

The Role of DNA in Shaping the Conviction of the Criminal Judge in Algerian Legislation

لقد أصبح تكوين الاقتناع الشخصي للقاضي الجزائي الذي يبنى عليه الحكم القضائي مرتبطًا ارتباطًا وثيقًا بما تفرزه نتائج الأدلة العلمية الحديثة، ومن أهمها البصمة الوراثية، التي تم الاستفادة منها في كثير من مجالات الحياة، وبخاصة في ميدان الإثبات الجنائي. تتناول هذه الورقة موضوع البصمة الوراثية من حيث مدى اعتبارها دليلًا علميًّا مُشكِّلًا لقناعة القاضي الجزائي في بناء أحكامه، وكيف عالج المشرّع الجزائري هذه المسألة، وذلك من خلال بيان مفهوم البصمة الوراثية وأهميتها ومميزاتها، ودراسة القيمة الإثباتية والقوة الإقناعية للبصمة الوراثية أمام القاضي الجزائي ومدى مشروعيتها في التشريع الجزائري الذي تناولها في قانون العقوبات وقانون الإجراءات الجزائية، والقانون رقم 16-03 المؤرخ في 19 يونيو 2016، المتعلق باستعمال البصمة الوراثية في الإجراءات القضائية والتعرف على الأشخاص، والذي يتطلب مزيدًا من التفصيل الدقيق في شرحه وتوضيحه بالشكل الكافي. ولقد تبيّن أن البصمة الوراثية تتفوّق على كثير من الأدلة العلمية بالنظر إلى ميزاتها. وبالرغم من كون أخذ عينات الحمض النووي يعتبر مساسًا بالحقوق والحريات الشخصية، فقد دعت أغلب التشريعات إلى الأخذ بها على غرار المشرّع الجزائري الذي لم ينص صراحةً على هذه التقنية إلا أخيرًا من خلال القانون 16-03.كما أنه لا يجب اعتمادها كدليل وحيد قاطع على ارتكاب الجريمة، نظرًا لخضوعها لمؤثرات المحيط والمؤثرات البشرية، فضلًا عن أن التشريع الجزائري لم يستثنِ تقنية البصمة الوراثية كدليل علمي بميّزة خاصة عن باقي الأدلة، وتركت أمر تقديره لمدى اقتناع القاضي الجزائي بذلك مع مراعاة الأدلة الأخرى وظروف وملابسات الجريمة.

Legal Standing of Submission of Judicial Review on Criminal Judgements by Public Prosecutor in Establishing Justice of the Law

Legal Standing of Submission of Judicial Review on Criminal Judgements by Public Prosecutor in Establishing Justice of the Law

EXECUTION OF IMPRISONMENT SENTENCED BY JUDGMENT OF THE INTERNATIONAL CRIMINAL COURT

One of the current issues of criminal law, in general, is the issue of execution of a criminal judgment sentenced by the international criminal court (ad hoc or permanent international criminal court). The issue is ongoing because international criminal courts do not have their institutions for the enforcement of criminal sanctions they impose, but are, in that regard, instructed to cooperate with states that express readiness to execute criminal sanctions - imprisonment sentences imposed by an international criminal court in their prison facilities. Among the numerous issues related to this issue, the paper analyzes only those related to the legal basis for standardization, conditions, and manner of execution of a prison sentence imposed by an international criminal court.

Sanctions for Intimate Partner Sexual Violence: Is the Law on the Books the Law in Action?

Intimate partner sexual violence (IPSV) is common, yet in many jurisdictions the law still does not adequately recognize it. In those jurisdictions that have formally criminalized IPSV, little is known about the extent to which IPSV-related law on the books is implemented in practice. Especially scarce is systematic quantitative evidence on the processing of IPSV cases by the justice system. We investigate unique case-level court data on the processing and sanctioning of violent sex crime cases in Belgium, a jurisdiction where the law adequately criminalizes IPSV, but where criminal judges are afforded broad sentencing discretion. Our data allow us to observe both the conviction and the sentencing decision. Consequently, we are able to address the endogenous sample selection concerns that arise in the assessment of IPSV-related sentencing disparities by estimating a full-fledged sample selection model. Upon inclusion of a broad range of defendant, victim, and other case controls, we show that defendants who are the victims' spouses or partners receive statistically significantly shorter prison sentences than defendants who are unrelated to the victims, in the sense that they are neither the victims' current or former spouses nor family. The documented extralegal disparity is quantitatively noteworthy and survives a series of robustness checks as well as alternative model specifications. Our analysis thus lends empirical credibility to the perspective that while national legislatures have often been slow to address IPSV, the justice systems may be even slower at internalizing the corresponding law. Our evidence-based insight into de facto legal responses to IPSV is of direct relevance to many jurisdictions globally.

Analysis of Criminal Activities Exploiting Social Media: With Special Regards to Criminal Cases of Wechat Fraud in Chinese Jurisdiction

Abstract Social media provide a more convenient way for daily communication and business transaction, while they are also exploited by potential criminals to perpetrate offenses of different natures. Fraud is one of the most frequently reported offenses, some of which involve the use of WeChat, an application now used by 846 million users worldwide. The article is designed to give a comprehensive statement of features, causes, and types of WeChat fraud currently existing in China. The article also formulates important countermeasures based on academic conclusions, law enforcement opinions as well as written criminal judgments collected from Chinese courts during the research.

The Status Quo of the Criminal Accountability for Marine Illegal Fishing in China: From the Perspective of Judgment Analysis

Over the past few years, China’s marine economy has been vigorously booming, while strong measures have been equally undertaken to ensure superior quality of the marine environment. However, the country is still suffering illegal fishing problems, which hinder the marine ecological environment and fishery resources from reaching sustainable development both internally and globally. To this end, the Chinese government has ratified a series of legal documents to provide the basis for judicial departments to hold individuals and groups responsible for practicing illegal fishing at sea. Although the measures have indeed performed well in some instances, a number of legal obstacles remain to be fixed. In this article, to realize the status quo of the control of maritime illegal fishing in China, all the criminal judgments relevant to illegal fishing at sea from 2014 were collected and analyzed not only qualitatively but also quantitatively, through which the existing problems of accountability for illegal fishing at sea in China were summarized. In addition, a number of related studies were examined and in-depth interviews were organized to clarify the main reasons for these problems and propose some necessary solutions. It is believed that our findings would not only help to improve the control of maritime illegal fishing and boost the marine ecological environment protection in China, but also to establish a possible reference for other countries in the world.

Functionalization Of Corruption Laws In Criminal Judgment Rules

The purpose of this research is to review and analyze the functionalization of the Corruption Law in the decisions of criminal justice judges. The research method used is Sociological juridical method with descriptive research specifications. The data used for this research are primary and secondary data taken by field observation, interview, and literature study methods. The conclusion from the results of the research is that the decision of the Semarang District Court Number 25 / Pid.Sus-TPK / 2019 / PN Smg provides an overview of the judicial process which is at the court stage as a form of functionalization of the Corruption Law which spells out the flow of the trial in cases of criminal corruption collectively by a Head of District in Wonogiri Regency. In the decision taking into account the provisions of Article 12 letter e of Act No. 31 of 1999 in conjunction with Act No. 20 of 2001 concerning Eradication of Corruption.

Transnational Jihadism and the Role of Criminal Judges: An Ethnography of French Courts

AbstractLower national courts are increasingly asked to perform a transnational role, being directly involved in major geopolitical issues such as conflicts, migration, and transnational terrorism. Based on an ethnography of French criminal courts, this article aims to examine this emerging role of national lower courts as transnationalized players. Through an examination of terrorism prosecutions in France and the positions of the different judicial actors, it is argued that lower criminal courts, acting within a transnational context, can offer more robust resistance to states’ policies than supreme courts. This is because of the routine and the banality of their function and the direct interaction with the accused persons coupled with the judges’ own professional ethos and notion of judicial independence. Unlike supreme courts, whose role is more visible, and thus under the constant scrutiny of the political branches of the state, lower courts can operate in a more distant, independent space.

The impact of legal expertise on moral decision-making biases

Traditional and mainstream legal frameworks conceive law primarily as a purely rational practice, free from affect or intuition. However, substantial evidence indicates that human decision-making depends upon diverse biases. We explored the manifestation of these biases through comparisons among 45 criminal judges, 60 criminal attorneys, and 64 controls. We examined whether these groups’ decision-making patterns were influenced by (a) the information on the transgressor’s mental state, (b) the use of gruesome language in harm descriptions, and (c) ongoing physiological states. Judges and attorneys were similar to controls in that they overestimated the damage caused by intentional harm relative to accidental harm. However, judges and attorneys were less biased towards punishments and harm severity ratings to accidental harms. Similarly, they were less influenced in their decisions by either language manipulations or physiological arousal. Our findings suggest that specific expertise developed in legal settings can attenuate some pervasive biases in moral decision processes.

APPLICATION OF THE METHOD OF SWOT-ANALYSIS AS A MEANS OF STRATEGIC PLANNING DURING THE INVESTIGATION OF CRIMINAL CASES IN THE FIELD OF ECONOMICS IN BORDERS

A cooperation between states in criminal cases is carried out in order to achieve the goals of justice and may exist at the stage of pre-trial investigation, trial, as well as after the entry into force of a court decision (sentence, ruling). Forms of international cooperation in the investigation of criminal cases are quite diverse. The main ones are: providing legal assistance, which consists in carrying out procedural actions, because during the investigation and trial of criminal cases there is often a need to gather evidence abroad by questioning defendants, victims, witnesses, experts, conducting searches, examinations, court inspections, seizure and transfer of items, delivery, and forwarding of documents, etc.; extradition of persons for criminal prosecution or for the execution of a court sentence; arrest, search and confiscation of proceeds of crime (states undertake to cooperate in the investigation of money laundering; assist in the investigation and take appropriate measures: to freeze bank accounts, seize property to prevent its concealment; confiscate proceeds of crime or property, value of which corresponds to the value of income, etc.). The normative basis for the international cooperation in the investigation of criminal cases is the European Convention on Mutual Assistance in Criminal Matters dated April 20, 1959; the Criminal procedural code of Ukraine; Methodical recommendations of the General Prosecutor’s Office of Ukraine; Order No. 223 “On the organization of the work of the Prosecutor’s Office of Ukraine in the field of international legal cooperation” dated September 18, 2015. The legal basis for international cooperation in criminal matters is the current bilateral and multilateral international treaties of Ukraine, the binding nature of which has been approved by the Verkhovna Rada of Ukraine. Among the multilateral international agreements, there should be noted the European conventions on criminal justice: the European Convention on the Extradition with two additional protocols to it, the European Convention on Mutual Assistance in Criminal Matters with an additional protocol to it, the European Convention on the Transfer of Proceedings in Criminal Matters, The Convention on the Transfer of Sentenced Persons with an additional protocol, The European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders, the Convention on Laundering, Search, Seizure, and Confiscation of the Proceeds from Crime and the European Convention on the International Validity of Criminal Judgements. In addition, the Commonwealth of Independent States has the 1993 Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters and its 1997 Protocol; within the framework of the United Nations, there is the Convention on Transnational Crime of 2000, together with two Protocols thereto. These multilateral international agreements establish a uniform sphere of cooperation between law enforcement and judicial authorities in relation to all European countries. Today, the most effective is the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes, including in the investigation of criminal cases. Although the type of analysis is still considered by most scientists as Bohomolova Ye., (2004) a method of marketing research of enterprises in the market in the context of business practice, the object of “SWOT-analysis” can be as legislation, the practice of its application and prospects of their improvement, and materials of criminal cases. Methodology. Achieving the purpose of this publication is ensured by the use of cognitive philosophical, general scientific and special methods, among which the main are analysis and synthesis, comparative law method, which allow to identify prospects for the use in criminal cases of the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes. Methods of grammatical review and interpretation of legal norms have helped to identify gaps in the legislation governing the investigation of criminal cases, in particular in the field of economics, and to develop proposals for its improvement. Practical importance. International cooperation in criminal proceedings is an organizationally complex process, which requires the use of effective and efficient methods to perform the tasks of criminal proceedings, respect for the rights and freedoms of all participants in the process, including not violating a reasonable time in the investigation. To date, science has developed many methods of analyzing the law, the practice of their application, and identifying ways to improve legislation, taking into account the results of forecasting the prospects for society and the state. To ensure a high level of quality of criminal investigations in the framework of international cooperation, it is necessary to choose the one that will give the most effective results and allow to formulate the most optimal proposals in a particular criminal case and the practice of their application. An attempt to solve this problem is presented in this study.

A Contrastive Study of Heteroglossia in the Reasoning of Criminal Judgments of Chinese Mainland and Hong Kong

Within the framework of the Engagement System of Appraisal Theory, this thesis investigates the heteroglossia of the reasoning of criminal judgments of Chinese mainland and Hong Kong and examines their similarities and differences in the employment of heteroglossic engagement resources and underlying causes. The reasoning of 20 criminal judgments of Chinese mainland and Hong Kong produced upon second instance for the same cause of action are collected and built as two separate corpora to carry out the study. It is found that judges of both Chinese mainland and Hong Kong employ various heteroglossic engagement resources to locate position and negotiate with other voices while proceeding with reasoning. Furthermore, they share some similarities in the selection of subtypes of engagement resources, which is attributed to the fact that they hold similar communicative purposes in the reasoning of judicial judgments; while the differences can be interpreted from the distinct legal doctrines in the mainland and Hong Kong and the textual structure of the reasoning of criminal judgments.

Unpolluted decisions: Air quality and judicial outcomes in China

Judicial outcomes should not be influenced by factors that have no bearing on legal decisions, but studies have shown that judges can be affected by extraneous variables such as weather, sports events, and food consumption. Employing the universe of drug offense court decisions in five major Chinese cities between 2014 and 2015, we study whether air pollution and temperature affect sentencing outcomes in China, where air pollution is severe and judges have considerable discretion in sentencing drug cases. We find that Chinese criminal judges are not at all affected by pollution or temperature changes. One standard deviation change in air pollutant PM2.5 level may change the sentence length by no more than 2% of its standard deviation with over 95% probability. Further analysis shows that our results are robust to a variety of specifications and a battery of robustness checks. Our findings suggest that judicial rulings are not always swayed by extraneous factors, and we discuss conditions under which public officials are more likely to be shielded from these non-legal factors.

Cassatieberoepen tegen criminele vonnissen en arresten in het Leiedepartement, 1796-1813

Summary In the department of the Lys, the cassation appeal against criminal judgments was introduced in 1796 and could be made by both the criminal convicts and the Public Prosecution Service. The first cassation appeal was lodged on 5 May 1796 and the last on 18 December 1813. In total, 187 (24%) of the 779 criminal judgments were appealed in cassation, in 172 cases by 319 criminal convicts and in 15 cases by the Public Prosecution Service. Of those 187 cassation appeals, 167 (89.3%) were rejected and 20 (10.7%) were accepted. In the latter cases, this led to the annulment of the contested judgment and, in most cases, the criminal proceedings were (partially) repeated for an equivalent, nearby criminal court.

Technical Phraseologisms - A Contrastive Legal -Linguistic Study on the Example of the German and Arab Criminal Judgment

AbstractThe present article is a contrastive legal-linguistic study that deals with phraseologisms in criminal judgments of the German and Arabic legal systems. It aims primarily to determine legal phraseologisms that occur repeatedly in the same fixed form in German and Arabic criminal judgments and that have a specialized meaning. It focuses on the identification of types of such phraseologisms in the various components of criminal judgments. The aim is to find out which legal-linguistic phraseologisms are used in which parts of the texts of criminal judgments and what differences and similarities can be identified between the German and Arabic systems in this respect.

외국 사례를 통해 본 말기환자의 자기결정권에 대한 형법적 판단과 시사점 - 일본과 미국의 판례를 통하여 -

인간의 생명은 그 무엇과도 바꿀 수 없는 고귀한 가치가 있는 것이다. 이에 우리 형법은 인간의 생명 보호를 가장 큰 보호법익으로 보고 있다. 이에 살인죄를 비롯하여 생명에 대한 침해를 구성요건으로 하고 있는 형법규정에서는 그 형량을 높게 책정하고 있다. 하지만 “부득이하게 침해”하게 되는 경우가 발생하는데 그것이 바로 안락사 및 존엄사에 관한 것이다. 물론 인간의 생명을 적극적으로 종결시키는 안락사는 일부 국가를 제외하고는 인정하고 있지는 않으며, 존엄사에 대해서는 우리나라를 비롯하여 많은 국가가 이미 인정하고 있는 상황이다.<BR> 이러한 안락사 및 존엄사에 대해서는 인간의 생명과 직결된 문제로 아직까지도 자살방조 등 형법적으로 문제시되고 있는 것이 사실이다. 최근까지 안락사 및 존엄사에 대한 적법성에는 크게 이론(異論)이 많지 않았으나 다시 그 적법성을 검토할 필요성이 대두된 사례가 일본의 이른바 ‘카와사키협동병원(川崎協同病院)’ 사건에 대한 항소심 판결이었다.<BR> 한편 미국의 경우 자기결정권에 근거하여 안락사 및 존엄사에 관한 문제해결을 한다면 추후 어려움이 발생할 수 있으며, 이에 따라 자기결정권의 포기가 요구된다는 Quinlan 판결이 있다. 하지만 미국 판례에 대한 이해 및 더 나아가 자기결정권의 상대화는 합리성을 가진다고 볼 수 있을 것인가 검토의 필요가 있어 보인다.<BR> 안락사 및 존엄사에 관한 논의는 이를 반드시 수용하여야 한다는 사회적 배경과 이와 관련된 법률문제를 고려한다면 쉽게 해답을 찾을 수 없는 문제라 할 수 있다. 이러한 문제성은 향후 다양한 상황에서 문제될 수 있는바, 더 나아가서는 형법적 개입으로부터 어떻게 자유로울 수 있는가 라는 점이 문제의 핵심이라고 볼 수 있다.<BR> 이에 본 논문에서는 안락사 · 존엄사에 관한 논의에 이른바 자기결정권과 관련된 일본의 카와사키협동병원(川崎協同病院)사건 항소심 판결 및 미국의 Quinlan 판결등을 참고하여 향후 이와 관련된 우리의 논의에 도움이 되고자 한다.

Effectiveness Of Allotment Penalty Imposed By Judge In The Case Of Children For A Child Protection As Victims (Case Study at State Court of Sumber)

The formulation in this study were 1) How allotment setting penalty in child protection legislation in order to protect the child as a victim? 2) How is the effectiveness of the penalty in the Child Protection Act?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even sources and types of data in this study are primary data obtained from interviews with field studies Supervising Officers Society Child (PK Child) of the Penal Hall Cirebon and Head of Correctional Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of progressive legal protection and law.Based on the results of this study concluded under Appropriation settings Criminal Penalty In Child Protection Act is not describe protect children as victims, because the penalty to be paid by the convict is intended for countries not intended for children who are victims of crime. Appropriation effectiveness Criminal Judge Penalty That Dropped In Case of Children in the Context of the Protection of Children As Victims are Criminal penalties in the Law on Child Protection was not effective in reality, as more convicts chose imprisonment in lieu of penalty are not paid, compared to paying the penalty, it has implications for the expenditure of state finances are more likely to pay for convicts in prisons and to make prisons more crowded or over capacity.Keywords: Effectiveness; Penalty; Justice; Protection; Child.

Speech Reporting in Chinese Criminal Judgements

AbstractSpeech reporting is an important linguistic tool for criminal judgements to represent facts and evidence and state reasons for conviction and judgement. This paper analyzes speech reporting in 500 Chinese criminal judgements and identifies three major findings. First, speech reporting in criminal judgements includes two general types,procedural reportingandsubstantive reporting, both of which can be further categorized into three sub-types,direct reporting,indirect reporting, andnarrative report of speech act. Second, procedural reporting mainly appears in the beginning and body parts of a criminal judgement to introduce the origin of the case, clarify relevant legal concepts, indicate the basis of conviction and judgement, and maintain, approve, and reject the judgement of a lower court, performing the function of maintaining procedural justice. Third, substantive reporting mainly occurs in the body part of a criminal judgement to state, summarize, generalize, and clarify relevant facts and evidence, serving substantive justice.