Criminal Policy Research Articles

Criminal Liability for the Act of others in Economic Crimes under Jordanian Legislation

Criminal liability is the cornerstone of criminal policy, grounded on the principles of personal accountability and punishment. Individuals are not held accountable or punished for crimes committed by others. However, in light of significant economic and industrial transformations witnessed globally, including the emergence of economic projects affecting the state's economic center, and the rise of serious economic crimes constituting an assault on public funds, there arises a necessity to expand the criminal responsibility system. This expansion, rooted in the principle of personal accountability, encompasses other individuals to align with these evolving circumstances and reduce economic crimes. The primary question addressed in this research is to establish the legal foundation for penalizing an individual who did not commit the crime themselves. The study concludes the necessity of holding establishment owners accountable for the actions of their subordinates, given their supervisory responsibilities. This concept, known as criminal liability for the acts of others in economic crimes, diverges from the principle of personal criminal responsibility delineated in most criminal laws, including Jordanian law.

Criminal Policy Response to Virtual Asset Crimes: A Study Focused on Keyword Analysis of News Articles

Criminal Policy Response to Virtual Asset Crimes: A Study Focused on Keyword Analysis of News Articles

마약류범죄에 대한 형사정책적 대응방안

Until recently, Korea was a self-recognized “drug-free country”. In terms of criminal policy, drug crimes were severely punished, and citizens' awareness of drugs was very high. However, now, drugs have begun to spread rapidly to various classes and age groups, and it is not difficult to purchase drugs through the Internet. As a result, the police and prosecutors have been working to improve their organizations to deal with drug crimes, to deal strictly with drug offenders, to increase the sentences for drug crimes, and to block the ways in which citizens can easily access drugs through the Internet and the medical system. Of course, attention is also being paid to the treatment and rehabilitation of drug users, but strict criminal punishment for drug offenders is still the main focus. Under such circumstances, this paper examines criminal policy responses to drug offenses from the perspectives of the drug offense punishment regulation system, treatment and supervision system, and sentencing standards.
 As a result, first, it is necessary to strengthen the drug crime-related regulations stipulated in the Criminal Code, centering on the Narcotics Control Act, and amend the Criminal Code to manage the criminal punishment regulations such as the Narcotics Control Act in the criminal law system. Second, there are various diversions in the criminal procedure for the treatment and rehabilitation of simple drug users. However, given the highly addictive nature of drugs and the high recidivism rate, the therapeutic custody system should be utilized more actively. And thirdly, we are currently working on raising the sentencing standards for drug crimes, but rather than raising the sentencing standards for all drug crimes, it is necessary to raise the sentencing standards for organized drug crimes and drug crimes targeting youth, etc. Until now, there has been insufficient criminal policy research on drug offenses in academia due to the illusions of the NDRC. I hope that from now on, there will be more active discussions in the academic field about criminal policy responses to drug offenses.

Criminal Policy as an Effort to Overcome Defamation Crimes on Social Networks (Research in the Jurisdiction of the North Sumatra Regional Police)

The development of information technology, especially in the realm of computers, has created a significant impact on security in cyberspace, including increasing cases of cyber crimes such as defamation. This article analyzes the laws related to defamation in social networks based on the ITE Law. This research uses normative and empirical juridical approaches to highlight weaknesses in policy implementation, such as ambiguous definitions and differences in interpretation between the ITE Law and the Criminal Code. In addition, the article proposes non-penal policy alternatives, such as religious and moral approaches, in addressing cybercrime. However, obstacles such as the lack of public understanding of the ITE Law and limited infrastructure and human resources in the police cyber unit were also identified. By understanding these challenges, it is hoped that law enforcement against cybercrime can be improved to create a safer and more ethical cyber environment.

LEGAL GOALS AND PRIORITIES OF STRATEGIC PLANNING IN THE FIELD OF PUBLIC SAFETY IN THE RUSSIAN FEDERATION

The article discusses the priority areas of strategic planning in the field of public safety in the Russian Federation. The purpose of the study is to solve modern problems of ensuring public security in the context of globalization of international life through strategic planning of countermeasures. Materials and methods. The goal of the study was achieved taking into account general scientific and special scientific research methods. The assessment of the effectiveness of the measures taken is based on statistical and sociological research methods. Results. The formation of universal and regional measures of crimes against public security at the international and national levels, which is recognized as one of the priority areas of crime prevention, leads to the accumulation of knowledge in the field of doctrinal comprehension and the development of proposals in order to optimize measures for the individual, general and special prevention of crimes against public security. Proposals have been developed to improve the effectiveness of the implementation of new directions in criminal policy focused on the modernization of criminal law and the quality of law enforcement. Findings. It is concluded that in the course of consistent activities to ensure public safety, further modernization of the priority areas of the legal framework for strategic planning is required. It is found that in the process of developing legal means of countering crimes against public security, attention should be paid to the consolidation and coordination at the federal and regional levels of administrative, regulatory, informational, organizational and practical resources that ensure the implementation of general and special preventive measures.

Криминологическая обоснованность внесения изменений в уголовный закон: использование статистики и роль средств массовой информации

Introduction. The foundation of the state’s strategic activity in the fight against crime (criminal policy) is a set of initial data of a criminological and social nature, the objectivity (compliance with the truth) of which is often rightly questioned, and therefore the issues of searching and selecting sources for the formation of criminal policy in order to achieving the requirement of criminological validity. Methods. In work based on the dialectical-materialistic method of scientific knowledge, the legal-dogmatic method, formal-logical and systemic methods are used. Results. Despite the fact that the scale of criminologically significant information is quite large, an obstacle to the formation of a criminologically based criminal policy is the lack of the required volume of objective data on crime. Recognizing that certain indicators themselves must be correctly interpreted (including in their interrelation and interdependence), it can be argued that correct criminological forecasting requires an appropriate methodological basis that clearly indicates how it is necessary to process what is significant for the fight against crime information. Recognizing the problem of crime latency, it is worth emphasizing the need to find tools for objectifying crime data. In particular, it is worth paying attention to the promise of an integrated approach to the analysis of criminal phenomena, including, at a minimum, “cross-reconciliation” of data from various government bodies and non-state structures (subject to confidence in the objectivity of the information they provide). When making changes to the criminal law, the use of official statistics as a basic source of information is recognized as justified. Of particular importance is the issue of searching for alternative sources of information, which are now increasingly referred to as social expectations.

Criminal Policy on Forfeiture of Assets Resulting from Gratification in Cases Stopped by Law

The Indonesian government has made various efforts to suppress the massive corruptive behavior in Indonesia, both through means of law enforcement and prevention, but this has not had a significant impact in reducing the crime rate of corruption and providing a deterrent effect to the corruptors, because every year data on handling cases of corruption crimes in Indonesia tends to increase. The pattern of combating corruption has changed, law enforcement officials no longer only pursue criminal offenders and imprison them (follow the suspect), but also carry out efforts to trace, confiscate and for feit all assets that are the proceeds and instruments of criminal acts (follow the money). Various obstacles arise in efforts to seize assets that are the proceeds or instruments of criminal acts, one of which is the absence of legal rules governing the mechanism for the seizure of assets resulting from gratification crimes in cases that are stopped by law. The method used in this research is normative legal research, using a statutory approach (statue approach) and Court Decisions. This reserach aims to examine and formulate an ideal criminal law policy in the seizure of confiscated objects in the form of assets of gratification suspects whose cases are stopped for the sake of law in the future. The results in this research show that asset seizure in the eradication of corruption currently still places asset seizure as an additional crime so that asset seizure is still based on the defendant's guilt (conviction based asset forfeiture), in addition to through the criminal mechanism of asset forfeiture can also be done through civil mechanisms with the concept of non-conviction based asset forfeiture, but there is no rule governing the asset forfeiture mechanism proceeds of gratification in cases that are stopped by law. The criminal policy of asset seizure in the future based on the Asset Forfeiture Bill related to Criminal Acts with the concept (non-conviction-based asset forfeiture) has clearly regulated the mechanism for the seizure of assets belonging to Suspects or Defendants who died, escaped, became permanently ill, or whose whereabouts are unknown, so as to overcome the legal vacuum in terms of seizure of assets resulting from gratification crimes in cases that are stopped by law.

Criminal Policy in Resolving Cases of Theft by Children

Children are an inseparable part of the survival of human life and the sustainability of a nation and state. In substance, the form of legal protection for children in conflict with the law must be prioritized by law enforcement officials. One form of protection contained in positive law is contained in the provisions of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, using a diversionary settlement. In this study, there are several problems, among others, in the form of settlement of the crime of theft committed by children according to positive law. As well as obstacles in the process of resolving the diversion of the crime of theft committed by children according to positive law. This research is a type of normative juridical research. Meanwhile, the approach used in this research is the Legislative Approach and the Conceptual Approach

Requirements for the development of media civil responsibility in Afghan law

In the contemporary era, people's lives have been accompanied by the increasing use of the media and its role in different layers of their lives. Few people can be found who do not deal with one type of media. The expansion of media activities may harm the rights of other people. In this case, the cause of the loss is considered responsible. In line with the protection of human rights, media-based criminal liability can be justified. On the other hand, the guarantee of criminal executions may cause serious damage to the freedom of expression and the freedom of the media. Therefore, the question is whether civil liability can be considered as an alternative to criminal liability in the field of media? The answer to this question seems important because Afghanistan's legal approach in this field is mostly criminal. Adopting a civil approach will be a valuable opening for media activists. The current research, which was carried out with a descriptive-analytical method. The findings of the research show that due to reasons such as the need to support freedom of expression, free flow of information, protection of the rights of parties to media disputes, the ability to replace financial compensation, the possibility Compensation by insurance and synchronizing with the practice of international organizations and other civilized countries, proper criminal policy is synchronizing with the new structure that has been adopted these days in the international arena and Islamic countries in the field of media. A structure that reduces criminal responsibility and emphasizes civil responsibility in solving media cases

Property crimes committed with the use of information and communication technologies: Criminological and criminal-legal aspects

The article considers criminological and criminal-legal aspects of crimes directed against the property of citizens and committed with the use of information and communication technologies (ICT). In the criminal-legal aspect, this type of crime is studied as crime against property, considering it through the prism of application of the norms of criminal legislation. Criminological understanding of property crime is aimed at studying the characteristics of crime, causes and conditions that contribute to the commission of crimes, the formation and development of the personality of the criminal, victimization aspect of crime, as well as the development of appropriate measures to counteract property crime committed with the use of ICT and the formation of appropriate directions of criminal policy of the state on the basis of understanding these aspects. As a result of the study, it has been established that due to the further development of ICTs, despite the legislative and technological measures taken, property crime committed using ICTs and the material damage caused by them are also predicted to increase. Taking this into account, it is important to continue the criminological study of this type of crime in order to curb the causes, conditions and factors contributing to the growth of this type of crime.

Construction of Criminal Policies for Handling Football Riots in the Kanjuruhan Tragedy

Even though conflicts between supporters caused the majority of the riots, other factors were no less important. Specifically, those related to the organization of football matches that were not yet professional could not guarantee security or order. The incident at Kanjuruhan Stadium serves as a significant reminder that hosting football matches without prioritizing proper safety measures and collaborative procedures will undoubtedly fail to promote fair competition in line with the principles of organizing sporting events that uphold sportsmanship, fair play, and respect. This paper is compiled through normative research by prioritizing secondary data that focuses on statutory and case approach, which are collected and analyzed descriptively and qualitatively. The results shows that the legal construction used in carrying out security by the Police in the Kanjuruhan Tragedy refers to the Regulation of the Chief of Police of the Republic of Indonesia Number 1 of 2009 on the Use of Force in Police Action while after the Kanjuruhan Tragedy, the Police compiled a new legal construction, the Republic of Indonesia National Police Regulation Indonesia Number 10 of 2022 on Security for the Implementation of Sports Competitions which can be used specifically in securing the implementation of football in Indonesia

Criminal Law Theory Indonesia

This article discusses the concept of understanding crime through the chronological paradigm, which involves analyzing the evolution and development of crime over time. This paradigm outlines a series of crime events to reveal the factors that influence and encourage crime. Looking at crime chronologically allows for an understanding of changes in crime patterns, societal responses, and prevention and countermeasure efforts that have been made. Chronological analysis traces crime patterns in the context of certain historical events or social crises, providing insight into how social conditions influence criminal behavior. Societal responses to crime shape criminal policy and future prevention efforts. The evolution of legal systems and changes in social norms are reflected in the way crime is defined and punished. Through collaboration between researchers, law enforcement, and policy makers, understanding the chronology paradigm helps identify common patterns, respond to changes in society, and develop more effective strategies in tackling crime.

Kebijakan Pembaharuan Konsep Perzinahan Pasal 411 Undang-Undang Nomor 1 Tahun 2023 KUHP Indonesia

The current Dutch colonial Kitab Undang-Undang Hukum Pidana (KUHP) needs to be replaced with an updated Indonesian Criminal Code. Legal scholars, especially those specializing in criminal law, have long debated the overhaul, reformulation, modification, and even reformation of the Criminal Code to conform to the guiding principles of the Indonesian nation as a whole and this discussion has been ongoing for quite some time. This research intends to evaluate the policy basis of the expansion of the definition of adultery and the values protected from the expansion as stipulated in Article 411 of Law Number 1 Year 2023 on the Criminal Code This research is a descriptive study that uses a normative legal approach. Secondary data and document study are used in data collection. A qualitative approach was used to analyze the data. The research findings show that the criminal policy perspective is the basis for the expansion policy that contains a definition of the offense of adultery that is problematic as a policy because it does not reflect the principles that guide Indonesian society and the nation as a whole. With the way the article is currently written, for every person who has sexual intercourse with anyone as long as he is not his husband or wife and does not regulate the imposition of punishment for convicts who are single. The findings in this study highlight the importance of policy implementation of expanding the concept of adultery to ensure that justice is maintained and equal protection is given to all parties accused without sufficient evidence.

중국 테러범죄 대응수단으로써 안치교육(安置敎育)의 의미와 개선방안

In order to effectively regulate terrorist crimes, China enacted the Anti-Terrorism Law in 2015,and Article 30 of the Law stipulates Rehousing education measures. Rehousing education is a preventive measure applied to offenders who have been sentenced to a term of imprisonment or longer for terrorism or extremism offences and are deemed to be dangerous before their sentences expire and they are released. The introduction of these measures not only signalled China's strong control stance on terrorist crimes, but also demonstrated a range of options for dealing with terrorist crimes in the new era. In addition, the nature of terrorist crimes has raised questions about the effectiveness of crime prevention through punishment, so it has accepted the idea that it is necessary to regulate terrorist crimes through criminal means other than punishment, which is a result of the current globally accepted criminal policy. However, at present, China does not provide for a superordinate concept of “security measure”, and the resulting of Rehousing educationn is also Insufficient clarity, thus giving rise to much debate. In addition, in terms of the formal conditions of application, the provisions of the law did not take into account the dangerousness of reoffending by the offender, and in terms of the substantive conditions of application, the law did not provide adequate criteria for dangerousness assessment. In particular, Rehousing education is provided for in the Anti-Terrorism Law, which is an administrative law, The assessment of dangerousness is not made at the time of conviction, but rather a separate post- conviction assessment by the court. In this way, Rehousing education is actually operating independently of the criminal justice system. The procedural provisions do not clearly stipulate the timing, duration and content of the dangerousness assessment. Considering all of these, indicate that China's current system of Rehousing education has many deficiencies, which violate the principle of constitutional clarity and risk unjustifiable violations of the human rights of the accused. In this context, this article advocates for the integration of Rehousing education into the criminal justice system by integrating it with the security measures currently provided for in the Criminal Code. It also attempts to improve the formal and substantive conditions of application and the procedural and enforcement regulations of the education by focusing on the problems, and exploration of the legal basis of the Rehousing education is clarity and justified.

Analysis of Criminal Policy against Perpetrators of Terrorism Crimes: Perspectives on the Death Penalty and Human Rights in Indonesia

The extent of the terrorist network in Indonesia threatens the threat and integrity of the Republic of Indonesia, manifested in broad trends, organization and systematic networks. Terrorist attacks are increasingly brutal, targeting innocent civilians. The threat is increasingly complex with increasing radicalization and online recruitment, requiring comprehensive action, including cooperation with government agencies, security forces, intelligence, and civil society, as well as a comprehensive approach involving intelligence, community participation, and addressing the root causes of radicalization to eradicate terrorist networks . Eradicating criminal acts of terrorism is a serious challenge for the Indonesian government, with one of the complicated aspects being the implementation of the death penalty against perpetrators of terrorism. This article analyzes Indonesian criminal policy, explains the method of punishment, the Human Rights (HAM) perspective, and critical views on the death penalty. In conclusion, it is important to strike a balance between efforts to enforce the death law and the desire for the principles of human rights and justice in the context of eradicating terrorism. Continuous evaluation of the application of the death law and open dialogue involving various parties are the keys to reaching an agreement that upholds humanitarian values and justice in efforts to overcome criminal acts of terrorism in Indonesia.

ANALISIS YURIDIS KEWENANGAN PEMERIKSAAN KENDARAAN BERMOTOR DI JALAN OLEH PPNS DI BIDANG LALU LINTAS DAN ANGKUTAN JALAN

Crime is a common problem in society and can be committed by anyone, both the perpetrator and the victim. Criminal policy used in tackling crime in Indonesia consists of two methods, namely preventive and repressive. In its implementation, it involves crime prevention investigators, police investigators, and civil servants (PPNS). However, the problem is the overlap between police investigators and PPNS because both have different authorities in conducting investigations. One of the well-known PPNS in Indonesia is the Road Traffic and Transport PPNS. In handling traffic and transport criminal offences, the investigation is carried out by two investigation agencies in accordance with Article 259 paragraph 1 of Law 22/2009 on traffic and transport. In the implementation of crime policy, it is important to coordinate activities between police and PPNS investigators to avoid overlapping authority. The role of the community in preventing crime by reporting suspicious activities to the authorities is also very important. In this way, it is hoped that the public can prevent crime by reporting suspicious activities to the authorities.

The effectiveness of tax control in the conditions of humanization of the criminal procedure legislation of the Russian Federation

The subject of the study is the existing tax control measures, statistical data of specialized organizations of the results of tax control measures. The object of the study is the effectiveness of the application of tax control measures. The purpose of the study is to improve the institute of tax control. The author considers the change in the procedure for initiating criminal proceedings on tax crimes and the consequences of such changes. In the course of the study, a retrospective of the procedure for initiating criminal cases in relation to the effectiveness of control tax measures is considered. The author suggests paying attention to the possibility of introducing videoconferencing, notification systems through the system of public services, securing the possibility of conducting control measures without the participation of witnesses. No less important is the ratio of tax liability and the realities of life, since the current situation indicates the apparent insignificance of penalties for tax offenses in the implementation of tax control measures. The novelty of the study is to study the impact of changes in the criminal procedure legislation of the Russian Federation on achieving the goals of protecting entrepreneurs. Attention is paid to the cyclical nature of the changes made by the legislator to the procedure for initiating criminal proceedings on tax crimes, which indicates the absence of a systematic approach to improving the criminal procedure and tax legislation of the Russian Federation. The debatable nature of the issue regarding the humanization of Russian criminal policy in relation to tax crimes is touched upon in the works of such scientific figures as Batyukova V.E., Nazarenko B.A., Rykun V.G., is discussed within the framework of the rule-making process, which sufficiently determines the prospects of scientific research. In particular, the authors point to the insufficient validity of more humane measures, which it is not possible to agree with. Statistics prepared by the audit and consulting organization FinExpertiza reflect the need to improve the legislative framework. The conclusions of the study are the need to improve control measures and introduce new ones that meet the realities of life. Proper regulation of tax legal relations seems to be a significant direction of state policy in the context of sanctions pressure.

Official Statistics and Assessment of the State of the Fight against Crime in 2012–2022

Taking into account enormous importance of reliable initial criminological information for criminal policy, the paper examines the issue of reflecting an objective picture of the fight against crime in official statistics. Using the method of statistical analysis, the author examines: the number of registered crimes in Russia (2012–2022); reported cases of administrative offenses in courts of general jurisdiction (2012–2022); the number of convicts in Russia, the number of individuals with criminal history on record or with an outstanding conviction, their share in © Маслов В. А., 2024the total number of convicts, the structure and proportion of convicts in the context of committed crimes (2012– 2022); the number and proportion of convicted persons in correctional colonies for adults, depending on the age at the time of the crime, as well as taking into account the repetition of imprisonment (2012–2021); crimes of persons serving their sentences in educational colonies for minors (2012–2021). A number of the studied indicators are presented in the form of diagrams for clarity. Attention is paid to reducing the number of registered crimes while increasing appeals to the internal affairs bodies. The paper highlights as a matter of concern the fact of a consistently high proportion of grave and especially grave crimes in the crime structure, the fact of an increase in both short-term (up to 1 year) and long-term (over 10 years) terms of imprisonment of persons serving sentences in correctional colonies for adults. Attention is focused on the problems of a disproportionate decrease in the number of persons held in educational colonies for minors convicted of rape, an increase in the proportion of minors convicted of murder. In conclusion, the author provides a number of recommendations for the correct work with information relevant to the fight against crime, highlights the most important statistical trends, both positively and negatively characterizing the criminal situation in Russia.

Criminal Policy on The Formation of Prisoners in Prisons in Criminal Law Reform

The purpose of this study is to analyze: 1) What is the criminal policy on the current penal system in prisons?2) How is the implementation of inmate development in Kaimana Class III Correctional Institution, West Papua Province?3) What is the criminal policy on the formation of prisoners in prisons in an effort to reform criminal law?. The research method used is normative juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) Criminal policies related to the penal system in Indonesian prisons currently cover several aspects aimed at improving the criminal justice system, improving prisoner development, and creating a more humane environment within prisons.2) Implementation of inmate development in Kaimana Class III Correctional Institution West Papua Province: Education Program, Psychological Development and Mental Health, Social Reintegration Program, and Enhanced Security and Surveillance. 3) Criminal policy in efforts to reform criminal law related to the formation of prisoners in prisons aims to ensure that the punishment process is not only a punishment, but also provides opportunities for prisoners to be rehabilitated, fostered, and prepared to return to society better

Certain aspects of exemption from serving a probationary sentence

The article examines certain aspects of the application to the convict of release from serving a probationary sentence. It is worth noting that recently there has been a tendency in the state to expand the scope of the application of punishment without deprivation of liberty as one of the directions of the criminal policy of our state. The author analyzes the criminal law, legislative and practical aspects of assigning supervision to persons released from serving a probationary sentence, and determines the strategic and tactical purpose of its implementation.
 In the course of the study, the essence of exemption from serving a sentence with probation was determined, its purpose, and it was also clarified what grounds are sufficient and necessary for exemption from serving a sentence with probation.
 The scientific positions of scientists who, in different years, studied “Exemption from serving a sentence with probation” from different positions were analyzed. It has been proven that among scientists who have studied the issue, there is no consensus regarding the legal nature and essence of such an institution as exemption from serving a sentence. The range of scientific positions starts from equating release from serving a sentence with probation and criminal punishment to the formation of an independent legal institution “Probation” in criminal legislation, which will provide for the legal grounds for the use of release from serving a sentence with probation and the consequences of applying this type of release from serving a sentence. Taking into account the assets of the modern science of criminal law, on the basis of the research results of such an institute, criminologists have given their own vision of the content of release from serving a sentence with probation.
 In order to improve this institution, preventive measures can be developed and implemented, which relate to the problems of control over the execution of criminal punishment.