Criminal Policy Research Articles

Pathology of Article 56 of the Family and Youth Protection Law from the Perspective of Islamic Teachings and Iran's Criminal Policy

The Family and Youth Protection Law aims to support population growth and encourage couples to have children, but this law, like other laws, despite its advantages and merits, also has some disadvantages. The disadvantages of this law are, especially Article 56 of this law, because it is related to the issues of abortion and mother's health, it has many challenges. Therefore, with a library method and a descriptive-analytical approach, the author has discussed and investigated "the pathology of the approach of Article 56 of the Family and Youth Protection Law from the perspective of Islamic teachings and criminal policy", and the research results show that the legislator in Article 56 The Family and Youth Protection Law has adopted a deterrent approach, in fact, with this approach, the legislator is trying to increase the population and prevent abortions, etc., but the application of severe restrictions in the field of fetal health and abortion treatment is a result other than Endangering the lives of mothers and increasing the number of abortions will not be a crime, and it will provide the basis for the abuse of lawbreakers and their profit-seeking. Also, due to the different bases and opinions of jurists and jurists regarding abortion and the time of soul rebirth and the lack of determining a single and specific time for soul rebirth in different sciences of jurisprudence, law, and medicine, it is not possible to leave the issuing of permission or disallowance of therapeutic abortion to the judges. With the cooperation of jurists, jurists, and doctors, correct decisions should be made regarding the criteria and criteria and the spirit of the soul.

Navigating Troubled Waters: Evaluating the Function and Material Legitimacy of European Criminal Law

The question of the function of European criminal law has dominated recent doctrinal thinking. In order to answer that question, a thorough study on the guiding principles of criminalisation and their applicability to the European Union’s legislative process was necessary. This article focusses first on the concept of legitimacy and the need for a European criminal policy, and then on some principles that already exist in the EU’s legal order and their ability to provide said legitimacy. Following the conclusion that the existing principles are insufficient, it is suggested that the harm principle and the principle of protection of legal goods would be more appropriate to evaluate the material legitimacy of European criminal law. For that purpose, the multiple categories of interests that coexist in the EU will be analysed according to the allocation of responsibility for their protection. That distinction will, in turn, lead to the proposal of a three-step process to assess any given instance of criminalisation stemming from the EU. Finally, the practical consequences of such a process will be mentioned in the conclusion.

PUBLIC POLICIES DEVELOPED IN WOMEN'S PRISONS IN ARGENTINA

The main objective of this study is to analyze public policies aimed at disrupting women's prisons in Argentina, seeking to understand their implications for social reintegration, reducing recidivism, and respecting the human rights of incarcerated women. The study addresses programs developed in the prison context for women, analyzing the conditional guidelines of international organizations, as well as Argentine legislation that aims to promote the dignity and rehabilitation of these inmates. Based on a theoretical and methodological review, questions were raised about relative gender inequalities, the conditions of incarceration, and the challenges of resocialization. The theoretical framework includes studies on gender, criminal policies, and human rights, providing a critical and multidimensional view. A qualitative approach was used, with documentary analysis and interviews with professionals in the prison system. The final considerations reveal that, although there has been progress in external policies for the female prison population, inequalities persist and deactivate greater attention from the State and civil society. It is concluded that the effectiveness of policies depends on an integrated approach, focusing on empowering women and combating the conditions of social exclusion that many face before and after incarceration.

ADOÇÃO DO ACORDO DE NÃO PERSECUÇÃO PENAL NO RIO GRANDE DO NORTE (ANPP)

The Non-Prosecution Agreement (ANPP), established by Law No. 13.964/2019 (Anti-Crime Package), aims to reduce mass incarceration, especially for less serious crimes, primarily those committed negligently. This article evaluates the effectiveness of the ANPP in the Criminal Courts of the State of Rio Grande do Norte, analyzing the reduction in the number of cases, the impact on recidivism, and the social repercussions. Between 2020 and 2023, the ANPP prevented the imprisonment of more than 8,000 people, promoting a more agile justice system and consequently alleviating prison overcrowding in the state. However, despite the advances brought by the law, it is necessary to consider limitations regarding the application of this benefit to repeat offenders, particularly regarding retroactivity to the fact and the individual. As liberty is the most valuable legal good that the law seeks to guarantee and uphold, the article highlights constitutional principles such as subsidiarity and proportionality in the defense of a more rational and humane criminal policy.

Reformulation of the Application of Restorative Justice towards Narcotics Abusers Through

Drug abusers may be subjected to criminal sanctions based on the severity of the violation, while drug addicts are directed towards treatment and rehabilitation through government-organized rehabilitation programs. The current criminal justice system predominantly adopts a punitive approach, necessitating a strategic criminal policy, particularly in addressing drug abuse offenses. This study seeks to identify the urgency of reformulating the application of restorative justice for drug abusers through rehabilitation, as well as to explore the reformulation of restorative justice implementation for drug abusers within Indonesia's law enforcement framework. The research methodology employed in this study is normative juridical. The findings underscore the critical need for the application of rehabilitation for drug abusers through a restorative justice approach, which is supported by various pressing factors, including those related to health, social welfare, and criminal policy. The reformulation of criminal penalties under Article 127 of Law Number 35 of 2009 on Narcotics is imperative, as it would foster consistency and integrity in the application of legal provisions to drug abusers, ensuring uniformity in legal standards. Such reformulation would provide all drug abusers with a structured and guaranteed opportunity for rehabilitation. Several strategic actions must be undertaken to optimize the implementation of this policy, including the urgent reformulation of Article 127 of Law Number 35 of 2009 on Narcotics to address discrepancies in the inconsistent application of imprisonment sentences.

Navigating Borderspaces

Grounded in the literature on critical humanitarian and border studies, this research examined the relationship between criminalization and the positionality of non-governmental search and rescue organizations in the context of the European Union’s and, specifically, Italy’s migration governance. It interrogated whether criminalization fosters heightened antagonism towards states and politicizes the civil fleet or if, on the contrary, it leads to an increased humanitarian focus, incorporating SAR NGOs further into the depoliticized EUropean border regime. It conceptualized criminalization and traced its evolution from the early 2000s until 2023. A qualitative content analysis of SAR NGO’s public communication around key moments in criminalization policy shifts was conducted. Two NGOs representing opposite sides of the spectrum between 'political' and 'humanitarian' positionalities were analyzed, enriched by interviews with SAR community members. The findings indicate that criminalization leads to politicization and increased antagonism towards states for both NGOs scrutinized. However, positionality shifts are, to varying degrees, influenced by alternative explanatory factors, particularly path dependency. Overall, the study provided crucial insights into NGO-state relations, shedding light on maritime humanitarian action in the Central Mediterranean and opening new perspectives on European migration governance and humanitarian action in solidarity with people on the move.

The role of International Judgments about Bosnia and Herzegovina in geopolitical changes

The verdicts of the International Criminal Tribunal for the former Yugoslavia, the International Residual Mechanism for Criminal Courts and the International Court of Justice determined the role and goals of Serbia and Croatia in the conflicts in Bosnia and Herzegovina, but did not lead to (expected) political and security implications on the international level, which made it possible for Serbia and Croatia to implement policies and goals towards Bosnia and Herzegovina in various ways until today, which were judged as criminal in The Hague. This was a message to others that it is permissible to disobey the judgments of the United Nations Court in The Hague, and therefore the Charter of the United Nations, UN resolutions, international conventions and international humanitarian law, i.e. that it is permissible to collapse the values learned as lessons after the Second World War on which the United Nations and later the European Union were built. The mistakes of the international community made during and after the conflict in the former Yugoslavia - firstly due to the West's lenient attitude towards the policies of Slobodan Milošević and Franjo Tuđman, when the West showed its impotence (and inability) to stop mass crimes on the territory of the former Yugoslavia, and then to harmonize its policies with international judgments and build policies towards the countries of the former Yugoslavia in accordance with them - they were not used to learn lessons from the conflict in the Balkans. Non-compliance with international judgments, in which the criminal policies of Zagreb and Belgrade towards Bosnia and Herzegovina were decisively determined and judged due to large-state projects (greater Croatia and greater Serbia), which were realized with massive violations of human rights, led to the fact that they are being repeated today in the Balkans in new security crises (Bosnia and Herzegovina and Kosovo), but also in Vladimir Putin's policy and Russian aggression against Ukraine. In the annexation of Crimea, Vladimir Putin used a modus operandi identical to one used by Slobodan Milošević in Bosnia and Herzegovina, Croatia and Kosovo (which also caused two NATO interventions, and which was confirmed in the judgments of the ICTY and the Mechanism). The West perceived the conflicts in Bosnia and Herzegovina through victims and crimes, completely ignoring the causes as well as the political and security aspects of that conflict, which were established in the judgments of the ICTY, and which will also play a role in geopolitical changes. Everything that will later be recognized in research and official documents of Western (security) institutions and organizations as Russia's new ways of warfare that threaten international security (and order), began to be investigated more seriously only after the Russian occupation of Crimea in 2014 - the covert participation of one state in conflicts in the second, warfare with the aim of hiding real political goals, the operation of the so-called paramilitary formations, the role of the media (propaganda and information operations), diplomacy, the Church, myths and propaganda today recognized as disinformation and fake news – it is factually established in the judgments of the ICTY and the Mechanism in the policies of Serbia and Croatia towards Bosnia and Herzegovina, that is, through their participation in the international conflict in Bosnia and Herzegovina. Disrespecting the judgments of the highest international courts – the courts of the United Nations, but also subordinating justice to (any) peace and security, the policy of stabilocracy (regardless of the fact that, according to many, this is a “recipe for an unstable Balkans”), support for ethnic policies that in the 1990s led to conflicts in the former Yugoslavia and politicians whose attitudes are far from democratic but dangerously close to post-fascist, along with other changes that have taken place in the world since the end of the Cold War, lead to new divisions of the world and the collapse of liberal democracy, which confirms the strengthening of right-wing organizations and political parties, populism, the danger of extreme radicalism, terrorism and militarization of the whole world in which the ”production of death” becomes the most profitable industry.

Corporate Crime Liability: Beyond Rule Reform on Indonesia Criminal Policy

The acceptance of the corporation as the subject of a criminal act, causing problems in the accountability of corporate criminal acts, because of the existence of vague norms that cause injustice and uncertainty in its application. In this study, there are two main problems, namely regulation of corporate criminal liability in criminal law in Indonesia and the prospect of criminal law on the liability of corporate criminal acts in Indonesia from the perspective of ius constituendum. The research method used is a normative legal research method with a statutory approach, comparison study and legal concepts analysis. The results of the study are: (1) As a vague norm in the regulation of corporations as the subject of criminal acts that can be accounted for in the Criminal Code and several laws outside the Criminal Code have regulated corporations as the subject of criminal acts that can be accounted for in criminal law, (2) The prospect of regulating corporate criminal liability in the 2019 Draft Criminal Code has completely and firmly regulated corporations as the subject of criminal acts and can be accounted for in criminal law and accepts absolute criminal liability and certain substitute criminal liability.

Mechanism of Strategic Decision Making in Emergency Situations of Terrorist Attacks in Indonesia

Terrorism is a global phenomenon experienced by all countries including Indonesia, manifested in terrorist attacks that involve violence as a main element with the motivation to achieve political, ideological, and certain belief goals. The threat of potential massive terrorist attacks continues to evolve to this day. Each era shows a tendency in terms of ideology and also types of terrorist attacks. In different times, it is not impossible to have the potential for attacks in different forms. Terrorist attacks that occur in a country can pose a threat to the stability of all aspects of life, thus requiring competent handling by looking at how the mechanism of strategic decision making in Indonesia faces emergency situations of terrorist attacks. Reflecting on the experience of handling the Bali Bombing I, this research was conducted with a qualitative approach based on literature studies and interviews with sources consisting of academics, practitioners, and strategic observers in the issue of terrorism using rational choice theory and criminal policy as the basis for writing. Through the study conducted, the authors found that although Indonesia has experience in handling terrorist actions, the readiness from the capacity aspect needs to be matured, especially in dealing with terrorist attacks. Therefore, a strategic and uncomplicated decision-making mechanism needs to be formulated immediately through a clear command flow or delegation of authority that applies when emergency conditions of terrorist attacks occur.

Potential of constitutive criminology in the study of probation services

The article actualizes the potential of constitutive criminology in research and practical contexts. In domestic science, constitutive criminology remains so far a “lady under the veil”. In this regard, the author considered it possible, when disclosing the topic stated in the title of the article, to focus on the features of this relatively new direction of modern criminology, gradually moving towards determining the possibilities of applying constitutive criminology in research and organizing the practices of probation services. Addressing the potential of constitutive criminology when examining probation services means making the voices of convicts and ex-convicts audible in their interactions with probation services. It is suggested that the use of the potential of constitutive criminology in the study and activities of probation services will contribute to the humanization of criminal policy, as, indeed, to dialogue among supporters and opponents of constitutive criminology. Raising questions about the role of deconstruction, reconstruction of the texts of probation services and the creation on this basis of a substitute discourse for the resocialization of convicts and former convicts actualizes the topic of interdisciplinarity in criminology as a whole, its connection with such disciplines as sociology and linguistics.

Public Opinion on the Minimum Age of Criminal Responsibility: The Role of Cognition and Emotions

Given that young people have a limited capacity to recognize the unlawfulness of their actions, the minimum age of criminal responsibility (MACR) presents an important subject of professional and political inquiry. In addition to the natural and legal sciences, public opinion is confirmed to influence the decision-making of legislators in the matter of criminal policy. Research on determinants of public opinion on the MACR is relatively scarce; however, some studies focusing on punitiveness in general suggest that it is influenced by both cognitive assessments as well as emotions and beliefs. Using a representative sample of Czech citizens, this study finds public support for a lower MACR to be particularly driven by their perception of children crime trend, mediated through people's negative attitude toward the behaviour of today's children.

CRISE DO MODELO PROIBICIONISTA NA LEI DE DROGAS BRASILEIRA (LEI Nº 11.343/2006): A SITUAÇÃO NO ESTADO DO MATO GROSSO DO SUL

This paper aims to present a socioeconomic profile of individuals prosecuted in the state of Mato Grosso do Sul for the crime of transnational drug trafficking. The foundations and results of the adoption of the prohibitionist criminal policy model regarding drugs are presented. Furthermore, given the failure of this model, possible alternatives are presented, with special emphasis on harm reduction policies and the decriminalization of drugs, including the judgment of Extraordinary Appeal 635.659/SP, by the Supreme Federal Court, which dealt with the possession and carrying of marijuana for personal use.

Left Atheist Activism and Crime of Genocide in Francoist Spain

Abstract This article examines whether the mass killings of people with leftist ideology by the Franco regime can be interpreted as genocide in accordance with the provisions of international law. The present study underscores the influence of religion on the configuration of Francoist criminal policy and provides evidence that allows Francoist repression to be considered as genocide. Individuals with leftist ideologies were presented not only as a political group but also as a religious group with atheist and non-Catholic beliefs. In this sense, the mass political repression conducted by the Franco regime fulfils the objective elements (actus reus) of genocide due to the fact the religious element played a significant role in justifying the annihilation of Republicans. The victims of Francoist repression were in fact selected not only because they belonged to a certain political movement or party but also because they belonged to a certain religious group.

AUDIÊNCIA DE CUSTÓDIA E RISCOS À SEGURANÇA:ANÁLISE CRÍTICA DO DIREITO PUNITIVO

This article examines custody hearings from the perspective of the right to punish and public security challenges, highlighting their role in protecting detainees' fundamental rights and reducing unnecessary pretrial detention. The analysis reveals the complex relationship between punitive law and prison overcrowding, which undermines the effectiveness of the penal system and creates inhumane incarceration conditions. Additionally, resocialization is discussed as a core goal of the penal system, emphasizing that punishment should go beyond mere imprisonment to promote social reintegration. The study also explores how public perception and media influence trust in custody hearings, impacting public opinion and criminal policies. The conclusion advocates for reforms in punitive law to balance public security with respect for human rights, aiming for a more just and humane justice system.

Social Participation in Community Corrections: A Qualitative Analysis of Justice Practices in China

In China, the widespread implementation of community corrections is a key strategy designed to reduce the burden on the criminal justice system. This strategy prominently features social participation as a critical element. This study delves into the effects of social participation on correctional practices by conducting in-depth interviews with a diverse group of stakeholders, including community corrections officials, judicial police, community workers, and counselors. Our findings reveal a predominant government-led approach to social participation, where government-funded social organizations play a major role. The research also highlights significant role conflicts and jurisdictional ambiguities within the system, which may arise from unclear criminal policies. These conflicts and ambiguities underline the challenges in the current implementation of community corrections. By examining these dynamics, the study suggests that refining the government-led model of social participation could provide more effective strategies for enhancing civic engagement and improving the efficacy of community correction.

Domestic Violence in the Focus of Estonian Penal Policy and Implementation of the Law in the Light of the Istanbul Convention Requirements

Domestic violence is a multi-faceted phenomenon, encompassing social, psychological, medical and, certainly, legal aspects. Depending on the existing legal framework, it is the lawyers who have the possibility and even the duty to assist and protect the victim and to apply various sanctions against the perpetrator. The decision on the Principles of Criminal Policy until 2030, adopted by the Estonian Parliament, formulates the goal of the penal system as supporting law-abiding lifestyles and thus ensuring that the norms based on the values of our society are implemented, violations are responded to and conflicts are resolved fairly. These are goals that, if realised, could also contribute to reducing domestic violence in society. Estonia has ratified the Istanbul Convention and has made amendments to national legislation in accordance with the requirements of the Convention. Dealing with cases of domestic violence is nevertheless relatively problematic, especially from the perspective of the victim. The predominance of the settlement procedure or the practice of out-of-court restorative justice and conciliation in domestic violence cases, in the opinion of this author, tends to support the position of the perpetrator of violence.

Law Enforcement Against Children Perpetrating Narcotics Crimes in Teluk Bintuni Regency

The child's immaturity in mental health and the way of thinking and behaving that is often hasty in making decisions is a disaster for him, so he falls into the trap of narcotics. When the child is suspected of committing a crime, the existing formal justice system ultimately places the child in the status of a prisoner, which of course has quite significant consequences for the child's growth and development. Based on Law Number 35 of 2014 concerning Child Protection, states that the arrest, detention, or imprisonment of a child is only carried out by applicable law and can only be carried out as a last resort. The criminalization system for children as perpetrators of drug abuse from the perspective of criminal policy cannot be separated from the formulation stage, which includes the definition of drug abuse by children, the background of the development stage by children as subjects of criminal law, and the development of theories of punishment and models for regulating types of criminal sanctions for children as perpetrators of drug abuse. These are also very important because if there are weaknesses in the formulation, it can hinder the enforcement of justice to protect children. Law enforcement against children who commit drug abuse crimes is seen as a diversion path implemented using the provisions of the SPPA Law, namely through penal mediation. Penal mediation is used in the early stages when there is a desire by the child to resolve his/her problems, accompanied by the relevant parties, namely parents, victims and their families, community leaders, and mediators in leading the forum.

A DIFICULDADE DE REINSERÇÃO DE EX-DETENTOS NA SOCIEDADE: DESAFIOS E PERSPECTIVAS

The reintegration of former inmates into Brazilian society is a complex and challenging phenomenon involving a convergence of social, economic, and psychological factors that hinder their full integration. The social stigma associated with being an ex-inmate poses a significant barrier, as many face prejudice and discrimination, limiting their employment opportunities and access to support networks. Furthermore, structural barriers, such as a lack of available jobs and professional training, exacerbate the situation. A crucial aspect is the absence of adequate psychological support. The prison experience can leave deep psychological scars, and many former inmates struggle with trauma, anxiety, and adaptation issues, requiring specialized attention. The lack of effective public policies, combined with the precariousness of rehabilitation programs, significantly contributes to criminal recidivism. Many existing initiatives lack resources, continuity, and coordination across different sectors, resulting in a vicious cycle of marginalization. This paper aims to explore these issues in depth, analyzing the effectiveness of initiatives and programs implemented in Brazil in relation to the Penal Execution Law (Law No. 7.210/1984) and other relevant legislation. We propose a reflection on improvement strategies that emphasize the need for a holistic approach considering the various dimensions of reintegration. Promoting a culture of acceptance and inclusion, strengthening intersectoral public policies, and implementing vocational training programs are some alternatives that could provide new perspectives for former inmates. Ultimately, this study seeks to contribute to a deeper understanding of the challenges faced by former inmates and suggest pathways that could facilitate their reintegration into society, aiming for a significant transformation for both individuals and society as a whole. Social reintegration is not merely a matter of criminal policy, but a moral and social imperative that demands collective commitment to justice and human dignity.

The Role of The Courts in The Application of Criminal Policy to Reduce Drug Crimes

The Iraqi judiciary has been keen to reduce crimes in general, and has paid a high degree of attention to drug crimes, because of their negative effects on the entire society, as the weakness of the state apparatus in general, and the spread of terrorist groups, in the past twenty years have led to an increase in these crimes, which prompted the Iraqi legislator to update the Drug Law No. ( 68 of 1965 ) by legislating the Drugs and Psychotropic Substances Law No. ( 50 of 2017), in addition to taking preventive measures concurrent with punitive measures, by working to create an environment free of elements that encourage the commission of this type of crimes, by removing the factors and circumstances that can contribute to the formation of the criminal personality. However, the judiciary has worked hard to reduce these crimes by forming courts specialized in the crimes of drugs and psychotropic substances in each governorate, and imposing the most severe penalties and measures on the perpetrators of this type of crimes.

Имплементация международно-правовых норм об ответственности за экоцид в российском уголовном праве

The article reveals the concept of "implementation" based on the study of international legal doctrine. The correlation of this concept with such types of "penetration" of international norms into the domestic sphere as transformation, incorporation, reception,etc. is shown. Special attention is paid to ecocide as a result of the implementation of international law in the norm of responsibility for this crime in the Russian criminal law. It has been established that the process of implementing the norms of international law on ecocide is complicated by many problems, the main of which are: a) a large number, diversity and intensive dynamics of relevant international norms; b) the choice of optimal ways of implementation; c) maintaining a balance between the law and policy. The State, as the main (primary) subject of international law and a monopolist in the development and implementation of criminal policy, fully possesses the means to resolve these problems.