Criminal Offenses Research Articles

Criminal liability for the destruction or damage of flora

The article analyses the issues of criminal liability in Ukraine for destruction or damage to flora. According to the current Criminal Code of Ukraine, liability for this criminal offence is established by Article 245 of the Criminal Code of Ukraine. The article emphasises that Russia’s full­scale invasion of Ukraine has led to massive and systematic destruction of, and damage to, flora and fauna, and has become a serious problem that has caused and continues to cause significant environmental damage. The environmental damage caused during armed conflicts will continue to affect the state of ecosystems and natural resources long after they end. The author notes that no country in the world has ever investigated war crimes against the environment on the scale of our state. Based on the results of the analysis, the author of the article concludes that legislative and law enforcement shortcomings pose the risk of significant deterioration of the environment both in the territory controlled by Ukraine and in the uncontrolled territories. At the same time, the draft Criminal Code in its current version does not in any way address the problem of the lack of differentiation of liability for intentional and negligent destruction of flora, which indicates an urgent need to improve the relevant draft provisions of the new Criminal Code of Ukraine.In addition, the interaction of state authorities with environmental and human rights organisations in assessing environmental damage, monitoring the state of the environment, etc. is still unsatisfactory. Civil society, citizens, and the legal community do not yet pay due attention to environmental criminal offences, mostly perceiving them as secondary. At the same time, we believe that timely and correct consideration by the courts of criminal offences under Article 245 of the Criminal Code of Ukraine is an important means of protecting the right of citizens to a safe environment guaranteed by the Constitution.

Concept of economic crimes in legal doctrine and legislation, their differentiation

Ukraine’s transition to a market economy, the development of entrepreneurship, the promotion of competition, and the expansion of foreign trade contributed to the creation of new opportunities for criminal activity in the economic sphere. At the same time, the low probability of detection and the high profits associated with economic crime make the economic sphere very attractive to criminals. In turn, the huge losses associated with economic crime undermine social protection systems and destabilize economic systems, thus clearly indicating a failure of self-regulation. The legislator, having in mind economic crimes, operates with the concept of “CRIMINAL OFFENSES IN THE SPHERE OF ECONOMIC ACTIVITY” (Chapter VII of the Criminal Code of Ukraine) and is limited only to their list. According to the legislative approach, an economic crime can be defined only as a socially dangerous culpable act (action or inaction) committed by the subject of the criminal offense provided for by the Criminal Code of Ukraine and provided for by the provisions of Chapter VII of the Special Part of the Criminal Code. At the same time, on the basis of the generalized data of the legislative and doctrinal approach, it is proposed to define an economic crime as a socially dangerous culpable act (action or inaction) committed by the subject of a criminal offense, which consists in the implementation of illegal economic activity (economic processes, relations, operations) or violation of requirements for legal economic activity to satisfy the selfish interests of a person or a group of persons, encroaches on the sphere of economic relations and poses a threat to the economic security of the state, leads to an imbalance of the state’s economic system. At the same time, the so-called economic crimes (Chapter VII of the Criminal Code of Ukraine - criminal offenses in the sphere of economic activity) should be separated from crimes due to which law enforcement agencies can interfere in the sphere of economic relations. Economic crimes can be differentiated according to various criteria: according to the spheres of social relations that regulate one or another type of economic activity; according to the content of the committed crime; by immediate main and additional objects; by subject characteristics; by criminal law characteristics.

Interference with the legal professional activities of journalists: public danger and immediate objects

It is indicated that freedom of speech and self­expression are key components of any modern democracy. International and national legislation provides everyone with the right to freedom of thought, speech, and the free expression of their views and beliefs. At the same time, the practical implementation of these fundamental freedoms remains a difficult task. In Ukraine, the professional activity of journalists is under the protection of the state, and the legislative norms regulating this protection are generally sufficient. However, despite this, cases of obstruction of the legal professional activity of media representatives do not stop, as evidenced by judicial practice The work reveals main provisions on the public danger of obstructing legitimate professional activity of journalists (Article 171 of the Criminal Code of Ukraine), the direct main and additional objects of this tort. To clarify the content of these elements of the composition of a criminal offense, the concept of the object of a criminal offense as a legal relationship is taken as a basis. It has been established that the social danger of obstructing the legal activity of a journalist lies in the fact that this criminally illegal act has such a negative impact on society in general and the journalist in particular: 1) restricts freedom of speech, i.e. the right to freely express one’s thoughts; 2) hinders citizens’ access to information; 3) directly threatens democratic processes in the state; 4) leads to self-censorship; 5) negatively affects public consciousness, makes it more vulnerable and can lead to its manipulation; 6) threatens psychological and physical safety of journalists, their property, honor, dignity, etc., depending on the manifestation of interference with their legal activities. It is proposed to recognize state-protected legal relations in the sphere of the legitimate professional activity of journalists, which determine the order of such activity, as the main direct object of the criminal offense provided for in Art. 171 of the Criminal Code of Ukraine. It is argued that the criminal offense provided for in Art. 171 of the Criminal Code of Ukraine, usually includes direct additional optional objects, which can be legal relations related to the provision of criminal law protection of life, health, honor, dignity, property of a journalist, public order, normal activity of an organization, the right of citizens to obtaining reliable and objective information, etc. At the same time, direct additional mandatory object takes place only in case of committing the specified tort by an official using his official position.

Possibility of retroactive effect of judicial interpretation of criminal law in the context of its legal certainty

The article addresses the issue of the possibility of retroactive effect of the results of judicial interpretation of criminal law in the context of its legal certainty. It is stated that the effect of a law in time is a manifestation of legal certainty. Predictability of a criminal law does not mean that this law should be understood equally by everyone and be certain and predictable for everyone. Accordingly, courts may interpret criminal law, the result of which should be predictable for the addressee. Based on the case law of the European Court of Human Rights, and also taking into account the theory of “legitimate expectations”, which is widely used, in particular, by the Court of Justice of the European Union, and the activity­based approach to the study of legal phenomena, the author proves that the issue of retroactive effect should be resolved not only with regard to the criminal law itself, but also with regard to the results of judicial interpretation provided by the Supreme Court, which is objectified in the form of legal conclusions set out in the Supreme Court’s rulings, which are binding on all public authorities which apply in their activities a legal act containing the relevant rule of law, and the conclusions on the application of the rules of law set out in the Supreme Court’s rulings are taken into account by other courts when applying such rules of law. If the result of judicial interpretation interprets the criminal law provision that was applicable at the time of the criminal offense more «rigidly», it does not have retroactive effect. If such a result of judicial interpretation is more favorable for the person who committed the criminal offense compared to the interpretation that existed at the time of the criminal offense, then such a result has retroactive effect. The new result of a judicial interpretation of a criminal law provision may have retroactive effect if such interpretation was foreseeable for the addressee of the criminal law and did not violate his legitimate expectations or violate expectations that were not subject to protection for specific reasons.

Illegal logging or illegal transportation, storage, sale of forest: criminal and legal characteristics of the environmental offense

The article is devoted to the criminal and legal characterization of illegal logging or illegal transportation, storage, and sale of forest. The author identifies distinct features of the subject matter of the crime, such as: the integrity of trees and shrubs, their virginity, and the absence of age restriction criteria for felled trees and shrubs. The author formulates the criteria for attributing certain territories to the crime scene. The author emphasizes that the understanding of deforestation only as separation of a tree from the root leads to a narrowing of the scope of criminal law prohibition, since such actions as damage, uprooting, causing significant damage to the environment remain outside the scope of criminal liability. It is proposed to give a clear explanation of the meaning of the concept of “deforestation” in the note to Article 246 of the Criminal Code of Ukraine. The author emphasizes the critical remarks on the legislator’s expansion of the objective party, namely, the inclusion in the disposition of Part 1 of Article 246 of the Criminal Code of Ukraine, in addition to felling, of such actions as transportation, storage, sale of illegally felled trees or shrubs that caused significant damage. The author establishes that the legislative approach to the formulation of the material elements of a crime which are characterized by the above actions creates a number of problems in the process of qualifying an act. The author provides arguments that it is inexpedient to decriminalize transportation, storage, and sale of illegally felled trees or shrubs which caused significant damage, since such actions do not lose their public danger, especially in the context of the environmental situation complicated by the war. At the same time, the author does not support the view that it is expedient to establish administrative liability for transportation and storage of illegally felled trees and shrubs. It is proposed to differentiate criminal liability in this regard. Transportation, storage, and sale of illegally felled trees or shrubs should be provided for as a criminal offense with a formal composition (Part 1 of Article 246 of the Criminal Code of Ukraine), while excluding transportation and storage of illegally felled trees or shrubs from the disposition of Part 1 of Article 65 of the Code of Administrative Offenses as administratively punishable actions. Liability for illegal felling of trees or shrubs in forests, protective and other forest plantations which caused significant damage should be provided for in Part 2 of Article 246 of the Criminal Code of Ukraine (as a crime with material composition). It is found that the most common motives for this crime are mercenary motives.

Redress for the non-pecuniary damage in case of exceedingly long non-execution of the final judgement

The article is focused on studying the topical issue of determining the possibility of redress for the non-pecuniary damage in case of exceedingly long non-execution of the final judgement. The author of the article has stated that the right to judicial protection includes both holding a judgement and its timely execution. Timely and full execution of a judgement guarantees the realization of subjective rights recognized by the judgement and fulfillment of legal obligations confirmed by it. It has been proved that execution of judgements within civil legal proceeding should be carried out taking into account the European Convention on Human Rights and the European Court of Human Rights case-law. In particular, the ECtHR insists on the great importance of such a property of a judgement that has become final (res judicata), as the possibility and factual enforceability of its actual execution by the state. It has been noted in the paper that the adoption of a number of new legislative acts, which introduced a lot of amendments in the field of executive proceedings, foreground researches focused on levying of execution of judgements from a new angle, in particular, the topical issue on determining the possibility of redress for the non-pecuniary damage in case of exceedingly long non-execution of the final judgement. The requirements of reasonableness and fairness should be considered while determining the amount of compensation. Non-pecuniary damage is compensated regardless of the pecuniary damage that is subject to compensation and is not related to the amount of this compensation. Non- pecuniary damage is compensated on a once-only basis, unless otherwise stipulated by the contract or law. As a general rule, the infliction of the non- pecuniary damage to another person is the basis for the obligation to redress for the non- pecuniary damage. The obligation to redress for the non-pecuniary damage caused to a person by illegal decisions, action or act of omission of a state authority while exercising its powers arises under the following conditions: existence of non- pecuniary damage; wrongfulness of the person’s behavior who caused non-pecuniary damage; existence of causal relation between wrongfulness of the person’s behavior who caused non-pecuniary damage and its result - non-pecuniary damage. On the basis of the conducted research, the author has concluded that the possibility of redress for the non-pecuniary damage in case of exceedingly long non-execution of the final judgement supports the integrity of the legal system by ensuring the execution of judgements and maintaining trust. When judgements are executed with consequences, the authority of the judicial system is undermined and the effectiveness of the legal system is put at stake. The integrity of the legal system is preserved and public confidence in the judicial system is strengthened by upholding the authority of a judgement through the possibility of compensation. It is impossible to bear with non-execution, because it creates a dangerous precedent that undermines the foundation of an honest and fair legal system.

Exemption from serving a sentence with probation for pregnant women and women with children under the age of seven as a means of probation: specific problems of application practice

The article highlights certain problems of the judicial practice of applying the institution of exemption from serving a sentence with probation for pregnant women and women with children under the age of seven as a means of probation. It was established that, unlike the general rule on exemption from serving a sentence with probation (Article 75 of the CC of Ukraine), the provisions of Article 79 of the CC of Ukraine are mainly focused not on the possibility of correcting a person without isolating him from society, but first, on ensuring the interests of the child. Courts adhere to the same position when, releasing those specified in part 1 of Article 79 of the CC of Ukraine, persons from serving a sentence with probation, do not motivate the possibility of correction of the specified category without isolation from society. It was found that in many cases the courts also do not consider the interests of the child when deciding provided for in Article 79 of the CC of Ukraine. Based on the analysis of law enforcement practice, the author concluded that courts follow the trend of “automatic” appointment of the institute under investigation, given the fact that the guilty party is pregnant or has a dependent child under the age of seven. The correctness of the legal position of the Supreme Court is emphasized, according to which the “automatic” application by the courts of the norm of Article 79 of the CC of Ukraine on the basis of the offender belonging to the category of persons provided for by the specified norm, is inadmissible, since its application must be preceded by an assessment of the person of the offender, the possibility of her correction without isolation from society and ensuring the interests of the child. It has been established that by fixing the provisions regarding the probationary period, which is set for those released from serving a probationary sentence under Article 79 of the CC of Ukraine, the legislator did not specify its minimum duration, constructing the relevant norm in such a way that it could be individualized depending on the age of the convicted child. At the same time, the courts in their decisions do not always indicate the specific age of the child, which makes it impossible not only to correctly determine the time limits of the examination period, but also to apply the investigated institute in general. The author found that some courts incorrectly apply the norm of part 1 of Article 79 of the CC of Ukraine regarding the determination of the probationary period, as they establish a probationary period that exceeds the time during which a woman can be dismissed from work in connection with pregnancy, childbirth and before the child reaches the age of seven. It was concluded that the correct practice of applying the provisions of Article 79 of the CC of Ukraine, means of probation are not only the determination of the state of pregnancy or the presence of a minor child in the convicted person and the determination of the probation period until the latter reaches the age of seven, but also taking into account the circumstances of the committed criminal offense, the guilty party and the interests of the child.

Regulatory and legal component of administrative regulation of probation

The article examines the normative-legal component of the administrative regulation of probation.Itwasdeterminedthattheadministrative and legal regulation of probation is a set of legal norms and mechanisms that determine the order of organization and implementation of probation measures in the state, the competence of state bodies, their duties and rights regarding control over the implementation of probation measures and interaction in this area with the courts , law enforcement agencies and social services. It is noted that probation is a system of supervision, control and social-educational measures applied by court decision to offenders instead of imprisonment or as a substitute for punishment, includes individual supervision, assistance in resocialization and measures aimed at preventing repeated crimes and ensuring safety society, while integrating the offender into social life without isolation. It is emphasized that the NPA system of administrative and legal regulation of probation includes international legal standards, national NPAs, including Acts of central executive bodies, local normative acts, agreements, methodological recommendations, etc., the norms of which are aimed at the development of alternative punishments, provision of rehabilitation and social support of offenders, regulation of the organization and implementation of probation in Ukraine, determine the legal basis for the activity of probation authorities, and also establish the procedure for providing probation services for persons who have committed a criminal offense. It was determined that the shortcomings of the administrative and legal regulation of probation are: the imperfection of the legislative framework, violation of the probation procedure, clear criteria for assessing the convicted person and the system for assessing the risks of recidivism, the mismatch of resources and the burden on the system, the low level of coordination between subjects of probation, the prevalence of ineffective methods of psychological works; society is not aware of the purpose and mechanism of probation, etc. It has been stated that the prospects for improving the normative-legal basis of the administrative-legal regulation of probation in Ukraine are: harmonization of legislation with international standards, institutional strengthening of the probation system, expansion of various approaches to probation, improvement of mechanisms for rehabilitation and support of offenders, involvement of public organizations, development of electronic monitoring systems , expanding educational programs for probation officers, increasing funding, research and analysis of probation effectiveness, etc.

Analysis of the practice of application of Article 114-2 of the Criminal Code of Ukraine (Unauthorized dissemination of information on the sending, movement of weapons, armaments and ammunition to Ukraine, movement, movement or deployment of the Armed Forces of Ukraine or other military formations formed in accordance with the laws of Ukraine, committed under martial law or a state of

The article analyzes the practice of consideration of cases under Article 114-2 of the Criminal Code of Ukraine, which provides for liability for unauthorized dissemination of information on the sending, movement of weapons, armaments and ammunition to Ukraine, movement, relocation or deployment of the Armed Forces of Ukraine or other military formations formed in accordance with the laws of Ukraine, committed under martial law or a state of emergency. During the monitoring of court decisions posted in the State Register of Court Decisions for 2022 and 2023, 112 guilty verdicts were identified and analyzed, which were delivered by courts between March 24, 2022 and December 31, 2023 (except for those verdicts where information is prohibited for disclosure). During the analysis of the guilty verdicts, it was found that most of the persons were convicted under Part 2 of Article 114 of the Criminal Code of Ukraine and Part 3 of Article 114-2 of the Criminal Code of Ukraine. The author also examines what information was most often disseminated. The author identifies the most typical forms of active actions as a sign of the objective side of the crime, the peculiarities of their commission, the most common methods and tools of crime and qualifying features. Based on the analysis of the verdicts, a number of conclusions are drawn about the typical motives for this crime and the identity of the perpetrator, the presence/absence of sincere remorse, and the confession of guilt. Certain trends in sentencing of perpetrators are identified. In particular, it is noted that in 2022, courts actively used the institute of release from serving a sentence with probation (57% of convicts), but in 2023, 70% of perpetrators were sentenced to «real» imprisonment. As a result of the generalization, the author outlines the most typical criminal law features of this crime. In order to clarify the peculiarities of the offender’s portrait, the data from the report «On Persons Who Committed Criminal Offenses» for 2022-2023 were analyzed. In particular, the number of persons identified under Art. 114-2 of the Criminal Code of Ukraine, their structure by gender, age, citizenship, education, employment, presence/absence of a criminal record, and the peculiarities of the crime (committed in complicity, while intoxicated) are determined. Certain characteristics, such as a person’s place of birth, marital status, dependent minor children, and disabled parents, were identified through sentence monitoring. As a result of summarizing these data, the author outlines a portrait of the offender.

Using of secret cooperation in combating corruption crimes: problematic issues of court practice

It is indicated that, during the investigation of corruption crimes, there is usually a need to conduct covert investigative (investigative) actions in view of the specifics of corruption criminal offenses, a significant level of their latency, committed in the context of a conspiracy, as well as the status of the subjects of these crimes, who in certain cases are aware with the methods of work of law enforcement agencies. The article examines the problematic issues of judicial practice of using secret cooperation in criminal proceedings regarding corruption crimes. It has been established that law enforcement officials, when engaging in confidential cooperation in criminal proceedings regarding corruption crimes, face difficulties related to: 1) risks of disclosing information about persons who carry out tacit cooperation; 2) risks of provocation to commit a corruption crime; 3) procedural registration of a person’s consent to be involved in tacit cooperation in conducting NSRD and the decision of the authorized body. These problematic issues are solved in different ways in operational, investigative and judicial practice and indicate that there are still challenges in combating corruption crimes that require the efforts of both law enforcement agencies and scientists aimed at solving them. It is extremely important to prevent the provocation of a criminal offense by a person involved in confidential cooperation when countering corruption crimes using the institution of tacit cooperation. Despite the fact that there are grounds for not recognizing the obligation of a person’s written consent to involve him in confidential cooperation and conducting NSRD in criminal proceedings regarding corruption crimes, the presence of such consent can still serve as a certain argument in favor of the absence of provocation on the part of the person involved in confidential cooperation and recognition of evidence as admissible.

Legal remedies against amber abuse: problems of implementation and optimization

The article is devoted to the coverage of certain problems related to the use of criminal legal means against persons who commit the crimes provided for in Art. 2401 of the Criminal Code of Ukraine illegal extraction, sale, acquisition, transfer, forwarding, transportation, processing of amber, and with the improvement of such means. Emphasis is placed on the study of relevant judicial practice. The provision on the need to differentiate criminal responsibility for illegal actions with amber depending on group forms of complicity is argued. It is proved that the proposed improvement of Art. 2401 of the Criminal Code of Ukraine will be consistent with the requirements established in jurisprudence for the construction of qualified compositions of criminal offenses. The theoretical position is supported, according to which, if the relevant composition of the criminal offense does not include such features as its commission by a group of persons and an organized group, then the qualification of the offense committed by the organizer and members of the group should be carried out with a reference in the qualification formula to part 2 or part 3 st. 28 of the Criminal Code of Ukraine with the inclusion in the legal wording of the indictment of the characteristics «committed by a prior conspiracy by a group» or «committed by an organized group.» Based on the study of judicial practice materials, it has been established that the exemption of persons who commit the analyzed crime from serving a sentence is widespread (Article 75 of the Criminal Code of Ukraine), and the imperfection of the sanctions of Article 2401 of the Criminal Code of Ukraine, considerations were expressed regarding their optimization, namely the consolidation in Part 1 of Art. 2401 of the Criminal Code of Ukraine provides for a fine as the non-alternative main punishment, and in Part 2 and Part 3 of this article - alternative punishments in the form of a fine and imprisonment for a certain period. The imperfection of judicial practice related to ensuring the individualization of criminal responsibility for «amber» torts has been demonstrated - the imposition of a fine as the main type of punishment in the minimum amount and failure to take into account the role, nature and degree of participation of each of the accomplices in the commission of a criminal offense.

Obstruction the legal activities of security personnel: features of normative regulation

The article examines the specifics of obstruction of security personnel legal activities. The fact of insufficiency of scientific investigations regarding the legal nature of obstruction of security personnel legal activities has been established. The aim of investigation is to analyze the content of obstruction of security personnel legal activities and to determine the relevant types of criminal offenses against security activities. To achieve the aim of the article, a complex of scientific methods was used there, such as: the formal-dogmatic (legal-technical) was used when defining the terms «obstacle», «intervention» and «influence»; comparative legal was used within the limits of comparing the norms of the Criminal Code (CC) of Ukraine and the CCU draft. The application of the methods of analysis, synthesis, induction and deduction made it possible to build a logical structure of the scientific article and draw reasonable conclusions about the content of obstructing the legal activities of security personnel and determining the types of criminal offenses against security activities. The investigation analyzed the concepts of «obstruction», «interference» and «influence». It is expressed and substantiated the hypothesis that the terms «obstruction», «influence» and «interference» are used as signs of the objective side of a criminal offense should be considered identical. The concept of «obstructing the legal activity of security personnel» is defined as the creation of any obstacles or the establishment of restrictions in professional activity, with the aim of preventing the performance of official duties at the proper level or achieving its non-performance. It is substantiated that the following signs of obstruction of security personnel legal activity are: 1) action or inaction, which consists in preventing or complicating the performance of professional duties by security personnel; 2) the purpose of the action is directed against the legal activities of security personnel. It is concluded that the damage inflicted on security personnel consists of physical, material or moral and psychological consequences: physical consequences are manifested in harming the life and health of security personnel; material consequences are manifested in damages caused to the property of security personnel, subjects of security activity or natural and legal entities as customers of security services; moral and psychological consequences are manifested in damage to the mental health of security personnel.

Removing the arrests unlawfully seized by the state or private enforcement officer on the vehicle that belongs to one who is not a debtor under enforcement proceedings

To date, there is a legal problem in Ukraine, which is the result of a large number of illegal actions of state and private enforcement agents related to the seizure ofa vehicle that once belonged to the debtor in enforcement proceedings, but which at the time of the enforcement proceedings commencement or the imposition of the relevant arrest is the ownership of another person who is not a debtor under enforcement proceedings. Illegal actions of law-enforcement officers and the imperfection of the legislation of Ukraine violate the property rights of bona fide purchasers, do not allow them to take actions regarding the registration of the vehicle in the bodies of the Ministry of Internal Affairs of Ukraine, and force them to go to court to protect their rights. However, it should be noted that in most cases, legal ignorance and imperfect justification of the legal position become the basis for refusing to grant such a claim. In this regard, this article presents the results of a scientific and legal study of the issue, identifies the gaps in the legislation of Ukraine that led to this problem, and also provides recommendations for lawmakers to perform changes to the legislation of Ukraine that could address the issue. Additionally, the article provides legal conclusions on determining the ownership of a vehicle (in particular, the moment of transfer of ownership from the seller to the buyer), taking into account the peculiarities of vehicle registration in the bodies of the Ministry of Internal Affairs of Ukraine, as well as on determining the legal status of such a vehicle registration procedure means and determination of the legal status of the actions of state and private enforcement officers regarding the seizure of the transport property of a person who is not a debtor in enforcement proceedings. In addition, the paper provides legal conclusions regarding the existing options for applying to the courts with requests to remove the wrongful seizure from the vehicle.

Legal Review of the Implementation of Restorative Justice in Criminal Acts of Assault and Banging in the South Jakarta Police Area

A criminal act is an act of a person of his own will or of another person carried out by him and the behavior is an act that is prohibited and at the same time gives rise to a criminal responsibility by the perpetrator of the act and the act itself. Every act of criminal abuse and assault results in physical, psychological, sexual and/or neglectful misery or suffering, including threats to commit acts. coercion or deprivation of liberty in an unlawful manner is a criminal act of abuse and assault. A person who commits a crime of allowing, committing, ordering to do, participating in committing violence against criminal acts of abuse and assault must still be responsible because a person cannot be held responsible and sentenced to a criminal offense if he does not commit a criminal act. To be further examined how the regulation of criminal acts of abuse and assault allows, orders to do or participates in committing violence, then based on Indonesian criminal law and how the criminal responsibility of children who commit the crime of allowing, ordering to do or participating in committing violence against criminal acts of abuse and assault. The research method used in this study is the normative legal research method, from the results of the study it was found that the regulation of criminal acts of children who allow, order or participate in committing violence, criminal acts of abuse and mob violence in Article 76C in conjunction with Article 80 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection and criminal responsibility of children who commit criminal acts of allowing, ordering or participating in committing violence against children to death by serving a maximum of half of the maximum prison sentence for adults as regulated in Paul 81 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Clarifying the meaning of acts of violence in the KUI IP. Legislation, Government Regulations, Permenkumham and the Government must form legislation, government regulations, Permenkumham that are even stricter in providing sanctions for perpetrators of criminal acts of abuse and mob violence

Law Enforcement Against the Practice of Advertising Fraud in Indonesia: A Review from the Aspect of Indonesian Criminal Law

Advertising is used as a common marketing strategy by various companies and individuals to promote their products or services to potential consumers. However, it is not uncommon for advertising to contain illegal and fraudulent activities that can cause harm to users through misdirection. In the act of advertising fraud, it is necessary to analyze the application of articles in the Criminal Code (KUHP) which regulates the concept of concursus in criminal law. The purpose of this study is to explain, identify and analyze the applicable legal framework, penalties imposed and law enforcement against advertising fraud in terms of criminal aspects. This research uses a normative juridical method by using a statutory approach (state approach), case approach (case approach), comparative approach (comparative approach), conceptual approach (conceptual approach). Based on the results of the research, advertising that deceives and harms consumers is an illegal act known as fraud and can be subject to the provisions in Article 378 of the Criminal Code. Article 379 of the Criminal Code stipulates that if as a result of the fraudulent act, a person suffers a loss, then the perpetrator of fraud may be subject to a more severe punishment. The provisions in the Criminal Code are used to protect the public from acts of fraud, and are expected to reduce the incentives of individuals, groups or other parties to commit fraud and provide a deterrent effect for the perpetrators.

Perceptions and Barriers to Addressing Domestic Violence: The Case of Kosovo

Domestic violence is a significant cause of human suffering and a violation of fundamental human rights. It represents one of the most prevalent forms of violence globally. The Penal Code of the Republic of Kosovo classifies domestic violence as a distinct criminal offense. This classification encompasses physical, psychological, economic, and sexual violence within familial relationships. This study aims to explore individuals' perceptions and knowledge of domestic violence. It also seeks to identify the causes, effects, and barriers faced by victims in reporting such incidents in Kosovo. A structured survey was conducted with 900 randomly selected participants from various regions of Kosovo. This survey was complemented by secondary data analysis. The secondary data included legislation on domestic violence protection, reports from international organizations, and academic literature. The mixed-methods approach facilitated a comprehensive assessment of the occurrence of domestic violence. The sample consisted of 900 individuals, ensuring diverse representation from urban and rural areas. Findings indicate that genetic predisposition is perceived as the primary cause of domestic violence, with 53% of respondents agreeing. Common effects experienced by victims include physical injury and depression, both reported by 34% of participants.

Predicting criminal offence in adolescents who exhibit antisocial behaviour: a machine learning study using data from a large randomised controlled trial of multisystemic therapy.

Accurate prediction of short-term offending in young people exhibiting antisocial behaviour could support targeted interventions. Here we develop a set of machine learning (ML) models that predict offending status with good accuracy; furthermore, we show interpretable ML analyses can complement models to inform clinical decision-making. This study included 679 individuals aged 11-17 years who displayed moderate-to-severe antisocial behaviour, from a controlled trial of Multisystemic-therapy in England. The outcome was any criminal offence in the 18 months after study baseline. Four types of ML algorithms were trained: logistic regression, elastic net regression, random forest, and gradient boosting machine (GBM). Prediction models were developed (1) using predictors readily available to clinicians (e.g. sociodemographics, previous convictions), and (2) with additional information (e.g. parenting). Model agnostic feature importance values were calculated and the most important predictors identified. Nested cross-validation with 100 iterations of random data splits and 10-fold cross-validation within each iteration was employed, and the average predictive performance was reported. Among the ML models using readily available predictors, the GBM is the strongest model (AUC 0.85, 95% CI 0.85-0.86); the other models have average AUCs of 0.82. This performance was better than using only the total number of previous offences as the predictor (0.67, 0.66-0.68), and the model simply assuming past offending status as the prediction (0.81, 0.80-0.81). Additional predictors slightly increased the performance of logistic regression and random forest models but decreased the performance of elastic net regression and gradient boosting machine-based models. The potential utility of ML approaches for accurately predicting criminal offences in high-risk youth is demonstrated. Interpretable ML-based predictive models could be utilised in youth services or research to help develop and deliver effective interventions.

Determining the group nature of a criminal offense during the crime scene inspection

Determining the group nature of a criminal offense during the crime scene inspection

The Cyberbullying Pada Aplikasi Tiktok Ditinjau Dari Hukum Pidana dan Fiqh Empat Madzhab

The growth of information technology has introduced challenges like cyberbullying, especially on platforms like TikTok. The real-time nature of TikTok and insufficient moderation exacerbate the psychological harm caused to victims. In Indonesia, cyberbullying is a criminal offense under Law Number 19 of 2016 (ITE Law) as it violates human rights. From an Islamic perspective, it is seen as a serious sin, contradicting Islamic moral values. The four major Islamic schools of thought—Hanafi, Maliki, Shafi'i, and Hanbali—guide punishing offenders, ranging from fixed (hudud) to discretionary (ta'zir) penalties depending on the severity of the offense. This study uses a doctrinal legal approach and library research to examine cyberbullying on TikTok from the perspectives of both criminal law and Islamic jurisprudence. The findings highlight that integrating the principles of positive law with Islamic jurisprudence could create a more holistic and effective framework for addressing cyberbullying. A combined approach can strengthen anti-cyberbullying policies, fostering a safer digital environment. Additionally, promoting education that emphasizes Islamic values such as respect can help prevent cyberbullying. The study recommends increasing public awareness, integrating Islamic and positive legal principles into policies, and improving law enforcement’s capacity to address cyberbullying more effectively.

Does Multisystemic Therapy Change Criminogenic Risk Factors? A 10-Year Study Among Norwegian Youths With and Without Offenses

The study investigated outcomes of Multisystemic Therapy (MST), for youths with and without recorded offenses. Over 10 years, 4,103 young people in Norway completed MST, and 5.39% of them had a criminal record. Those with previous offenses had higher scores on most dynamic risk factors. This high-risk group is predominantly boys, below the age of criminal responsibility (15 years) and have substance abuse issues. We observed reductions in risk factors from the beginning to the end of MST for both groups, with the group with offenses showing the most significant improvements. Committing a criminal offense at a young age is strongly associated with later recidivism. This study suggests that MST could disrupt cycles of offending by addressing criminological risk factors.