Criminal Policy Research Articles

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.

Discussion on establishing a reasonable role for the police : Focusing on criminal policy measures

Discussion on establishing a reasonable role for the police : Focusing on criminal policy measures

PROBLEM ASPECTS OF ACHIEVEMENT OF CRIMINAL PUNISHMENT GOALS

The authors of the article consider the key problematic aspects affecting the achievement of the goals of criminal punishment in the Republic of Kazakhstan. The main attention is paid to the issues of the effectiveness of punishment, the problems of the resocialization of convicts and the functioning of the penitentiary system. Nowadays, we are witnessing a constant increase in the crime rate, both in the world as a whole and in Kazakhstan in particular. The criminal community is becoming more organized and professional, their fields of activity are expanding, and more and more people are becoming part of the criminal environment. This trend is accompanied by the low efficiency of judicial institutions for the protection of citizens' rights and the destruction of the crime prevention system, which forces the population to conclude that it is necessary to strengthen repressive measures to counter crime. However, despite the importance of punishment in the prevention of criminal offenses, there are two main strategies in the criminal policy of Kazakhstan: tougher responsibility for serious crimes on the one hand and the use of more humane non-custodial penalties for less serious offenses on the other hand. The authors propose specific mechanisms for improving the goals of criminal punishment and designing a system of types of punishments. When determining punishment, the court should be guided by the norms of the Criminal Code, which define the system and types of punishments, as well as the principles and basic rules for its appointment. The article analyzes the current system of punishments, identifies its shortcomings, and suggests ways to eliminate them. As part of this analysis, it is proposed to amend and supplement a number of norms of the Criminal Code.

Criminal Policy Preferences Among the Public and the Police: A Comparison

Through surveys in Flanders (Belgium), the article investigates the criminal policy preferences of the public and the police, a topic of considerable policy relevance that has so far received limited academic attention. It describes and compares such preferences both for specific crimes, within the realm of the criminal justice (CJ) process, and in general, considering interventions that reflect the broadening scope of contemporary criminal policy. Data from 2,348 citizens and 381 police officers point to the capability of both groups to discriminate, that is, to support different CJ interventions depending on the crimes considered, and shows that, for most crimes, the public backs more lenient interventions than the police. Instead, both groups’ general criminal policy preferences are quite similar.

Synergetic Vectors of Development of Individual Forensic Theories in the context of Modern Criminal Proceedings (a Preliminary Aspect)

A rapidly developing society determines the need to adjust well-established approaches to understanding and regulating crime prevention mechanisms. It should be noted that the modern criminal policy of the state is on the verge of systemic changes. Balance of public and private interests; authority and independence of subjects of criminal proceedings; means of combating crime and social control; public and secret methods of exposing criminals; conflict and compromise; defense and prosecution; complex and simplified procedural forms of legal proceedings; inevitability of criminal prosecution and conciliation procedures; verbal and digital technologies in legal proceedings; professional skills and technical means — these are the few systemic formations, the content of which requires a modern rethinking with dew regard to prevailing realities of the functioning of society. And here the key supporting role in the formation of effective technologies for solving the problems of modern criminal proceedings, as a mechanism of complex systemic formations operating in the context of multifactorial law enforcement practice, belongs to criminalistic science. At the same time, an important tool in understanding and modeling promising vectors of the development of a system of private forensic theories is the synergetic approach, which significantly complements the wellestablished structural and systemic method in scientific knowledge. The use of the synergetics methodology makes it possible to identify not only the intrastructural connections of the system of forensic knowledge, but also to assess how such a system as a whole is affected by external (legal, ideological, etc.) factors. And the most important thing is to ensure the harmonious (regarding the changing realities of law enforcement practice) progressive development of individual private forensic theories.

Child Perpetrators and Victims: Criminal Policy Approaches to Sexual Violence in Indonesia through Restorative Justice

Criminal law embodies the principle of ultimum remedium, which means that prosecution is considered a final measure in law enforcement. This principle does not seek to eliminate punishment for offenders but rather aims to protect society from crimes by using prosecution as a last resort. Offenses are not only committed by adults but also by minors. With the rapid advancement of information and telecommunication technology, sexually explicit content has become widely available through electronic media. As a result, many children mimic behaviors they have seen or heard about, particularly since they are often given access to electronic devices such as smartphones and computers with internet access. This ease of access sometimes occurs without sufficient parental supervision, exposing children to inappropriate content. Given this context, the author is motivated to conduct research titled Criminal Policy for Addressing Sexual Violence Committed by Minors Against Minors in Indonesia. This study aims to explore effective legal measures and policies to address and mitigate such incidents. The research employs a qualitative method grounded in the theory of sanctions and the theory of legal effectiveness. By utilizing a criminological approach, the study seeks to analyze crime patterns associated with sexual violence perpetrated by minors. This includes examining the socio-cultural factors that contribute to such behaviors and evaluating the current legal framework's effectiveness in addressing these issues. Through this research, the author hopes to shed light on the complexities of juvenile delinquency in the context of sexual violence and to propose informed policies that can better protect minors from both committing and becoming victims of such offenses. The findings are expected to contribute to the development of a more effective criminal justice system that balances punitive measures with rehabilitative approaches, ultimately aiming to create a safer and more just society for all.

REFLECTIONS ON THE LEGAL FEATURES OF COLLABORATIONIST ACTIVITY: THEORY AND PRACTICE IN TERMS OF THE RUSSIAN OCCUPATION OF UKRAINIAN TERRITORY

Background: In this article, the co-authors contribute to the development of Ukraine's criminal policy on the legal evaluation of collaboration with occupying forces, necessitated by the ongoing Russian Federation occupation of Ukrainian territory. The study, to some extent, continues the scientific discourse that was actualised after the addition of Article 111-1 to the Criminal Code of Ukraine. Its objective is to delineate the generic legal features of collaborationist activity, the responsibility for which was introduced in the Criminal Code of Ukraine in March 2022. By critically analysing the common features of collaboration with the occupier currently reflected in theory and practice, the authors develop a comprehensive vision of collaboration as a phenomenon distinct from high treason and related concepts. Methods: The research methodology employs a blend of general scientific methods of cognition (induction, deduction, analysis, synthesis, abstraction) and historical, linguistic and systemstructural research methods. The strategy focuses on identifying the features of collaboration with occupying forces, selecting the most typical and essential traits that differentiate it from related phenomena. Structurally, the article consists of two parts. The first part explores existing definitions of collaboration in literature and identifies the five most frequently mentioned features. The second part involves a detailed analysis of each feature to determine its suitability for characterising collaboration and distinguishing it from related concepts. At the same time, the features set forth in the current criminal law of Ukraine (lex lata) are compared against the perspective of the ideal model (lex ferenda). Results and conclusions: The phenomenon of collaboration with occupying forces has long been the subject of research by historians, while legal scholars traditionally examine it through the lens of high treason. However, establishing collaborationism as an independent crime in criminal law, along with high treason, requires its conceptualisation. This study demonstrates the impossibility of automatically transposing an array of effective historical research into the legal field. Criminal law requires clarity, unambiguity, and logic. At the same time, de lege lata, Ukrainian criminal law provides for a casuistic and eclectic set of features of collaborationist activity. Therefore, this article analyses each of the features that are commonly used to characterise collaborationism, aiming to improve the normative framework and formulate a clear concept that deserves to exist independently alongside the concept of high treason.

Implementation Strategy of Criminal Policy in Directorate General of Taxes

Implementation Strategy of Criminal Policy in Directorate General of Taxes

Punitiveness of society and criminal policy in six Central European countries

The countries of Central Europe are home to diverse penal cultures but rare comparative studies typically focus only on national penal codifications or on cross-country measures of public attitudes towards crime and punishment. This article compares three dimensions of punitiveness – penal legislation, actual sentencing practice of the courts, and punishment preferences of the general public – in six jurisdictions: Austria, Czechia, Germany, Hungary, Poland, and Slovakia. Punishment preferences features new data from the Central European Social Survey, in which respondents were asked to recommend suitable sentences for five hypothetical crimes. We found public preferences relate closely to the domestic judicial practice but less so to the maximum penalties provided in a country's penal code. In particular, participants based in Germany proved far less punitive than others, which echoes the penal moderation of German courts.

Criminalization Policy of Animal Testing in Cosmetics Production in Indonesia

The purpose of this study is to analyze the importance of criminalization in the use of animal testing in the production of cosmetics in Indonesia as well as the right formulation in the formation of policies on animal testing. The problem is why a criminalization policy is needed against producers who conduct animal testing as a product test in the cosmetics production process and how the formulation of criminalization arrangements against producers who conduct animal testing as a test of cosmetics products in the production process. To be able to answer the formulation of the problem, the research used is normative juridical research with a statutory approach and a comparative approach and conceptual approach. The results show that in conducting animal testing there is the concept of 3R (Replacement, Reduction and Refinement). The 3R concept is an ethic that can be used to realize an experiment by looking for possible alternatives. Because many cosmetic companies are competing in creating new innovations in order to meet the needs of consumers, so that not a few companies carry out the innovation process carried out by related parties in developing their products still often use animals for product trials, which in practice this reaps many cons both from an ethical and scientific perspective. For this reason, criminalization is needed with the existence of legal policies, especially criminal law policies with formulations that regulate starting from the procedure for conducting animal tasting, what animals can be used as animal tasting, and what the procedure is after conducting animal testing, and of course whether it is necessary to submit an application to the competent authority before conducting animal testing, finally that in a legislation also regulates how sanctions / penalties are given to everyone who deliberately violates these laws and regulations.

The first book about the first director Yu. V. Truntsevsky, L. I. Belyaeva. At the origins of Russian Legal Science (to the 130th anniversary of Evsey G. Shirvindt) / preface by T. Ya. Khabrieva. M.: IZiSP; Publishing house “Jurisprudence”, 2023. – 240 pp.

The peer-reviewed monograph by Y. V. Truntsevsky and L. I. Belyaeva is devoted to the study of the life and work of the outstanding Russian lawyer, scientist and administrator E. G. Shirvindt (1891–1958). The authors focused their attention on his scientific works in the field of penitentiary, criminological and criminal legal science in general, as well as on the practical work of E. G. Shirvindt as the head of the Main Directorate of Places of Detention of the NKVD of the RSFSR (People’s Commissariat of Internal Affairs of Russian Soviet Federative Socialist Republic) and the first director of the State Institute for the Study of Crime and the Criminal – the predecessor of the Institute of Legislation and Comparative Law under the Government of the Russian Federation. The structure of the work is built on the principle of analyzing the “tangle of contradictions” in the history of the formation and development of criminal policy and criminal law science in the first decade of Soviet power, which, at the same time, became the key milestones in the biography of the main character of the book. The authors of the monograph have done an important work in terms of reanimating the scientific heritage of E. G. Shirvindt and rethinking the rich experience of his practical activities to reform the penal system, which makes the book are very relevant in today’s conditions of functioning of the domestic penitentiary department.