Criminal Politics Research Articles

Criminal populism: crime as political capital in the Philippines and the United States

ABSTRACT This study examines the phenomenon of transforming crime into political capital, drawing on cases from the Philippines, then Donald Trump in the United States. It introduces three archetypes of politicians who use crime as political capital: the Criminal Politician, the Political Criminal, and the Fascist Criminal Politician. Additionally, the concept of criminal populism is introduced, highlighting how a politician’s criminal acts can become political assets by enhancing their appeal in electoral processes. The focus here is on intersections of crime and electoral processes, on how criminals use public performance and narrative construction within criminal justice institutions and political arenas to strengthen their support as populist leaders among the electorate. Furthermore, the concept of penal populism, 1 defined as the advocacy for anti-crime policies and legislation , is juxtaposed with criminal populism to offer a comprehensive understanding of the three new archetypes and their impacts on the intersection of crime and politics.

Negotiated Agreements as an Alternative to Criminal Trials: Policy Lessons from the Hungarian Example

Abstract This paper looks at ways of speeding up domestic criminal proceedings. Both the Charter of Fundamental Rights of the European Union and the case law of the European Court of Human Rights in Strasbourg encourage Member States to ensure that their courts deliver judgments within a reasonable time. The present paper deals with the new Hungarian cooperation system, including the trial waiver and the preparatory session, which is a pre-trial meeting in the court phase. These have achieved significant results in speeding up and simplifying proceedings without limiting the rights of the accused and offer a genuine rule of law solution for efficient criminal proceedings, all while preventing unjustified delays in proceedings. Initial experience in practice has shown that these Hungarian legal instruments could serve as an excellent example for countries facing similar challenges in developing criminal politics and criminal justice policies.

Criminalization of Politics in India- A Conceptual Analysis

The criminalization of politics in India has accelerated at an alarming rate, endangering the survival of Indian democracy. This research paper provides information about this subject. It begins by outlining what political criminalization is and how it endangers democracy. The issue's current state, its underlying causes, and their numerous effects on the economy, society, politics, and other areas are then examined in detail. Because the problem is so serious, the Supreme Court has also issued a number of historic rulings to deal with it. Although the judiciary must take stronger action, fighting against this criminalization of politics and defending the nation's democracy is not just the judiciary's responsibility, it also falls on the government and the country's citizens

Criminalisation of Politics: A Challenge to Governance

Criminalisation of Politics: A Challenge to Governance

Political Terrorism & Political Crime vis-à-vis Criminalization of Politics: A Critical Analysis of the Efforts of Indian Judiciary in Preserving the Democratic Values

Political Terrorism & Political Crime vis-à-vis Criminalization of Politics: A Critical Analysis of the Efforts of Indian Judiciary in Preserving the Democratic Values

일제의 식민지 통치를 위한 사법적 통제에 관한 연구

The mechanism of judicial control used as a means of colonial rule by the Japanese Empire, which was confirmed through this paper, is as follows.
 First, the revival of flogging and the immediate resolution of crimes in the early days of colonialism were typical means of punishment in which the threatening colonial rule of the time was reflected in the realm of the judicial control model. Under the pretext of introducing a modern judicial system under the guise of introducing a modern judicial system, Japanese colonial rule was revived as a traditional means of punishment, active use of it, introduction and operation of modern prisons, and active enforcement and expansion of death sentences and executions. It was used as a means of colonial rule to detain and oppress the people who resisted.
 Second, the detention system using colonial modern prisons is characterized by the birth of a group of ‘criminals’ due to the introduction of modern punishment in colonial Joseon in the 1910s, and the active use of pre-modernity in controlling them. This well shows the introduction of the barbaric and formal modernization process that Korea had to undergo as a colony. After opening as Gyeongseong Prison on October 21, 1908, it was used to arrest and detain numerous patriots who resisted Japanese imperialism.
 Third, it is a well-known fact that a significant number of anti-Japanese activists as well as the people of Joseon were executed during the Japanese colonial era. In particular, the death penalty for anti-Japanese independence activists, that is, ideological criminals (political criminals), is sufficient to raise suspicions that the judicial punishment of the Japanese Empire was excessively abused. Furthermore, it was confirmed that the death penalty was used as a means of oppressive rule by the Japanese colonial rule.

Genesis of legal cooperation of international criminal courts with states

We are examining the Institute of Cooperation between international criminal courts and states. By analyzing international legal doctrine, we have identified the main stages of development in international criminal justice. The influence of the humanist values of the 19th century and various pragmatic views and principles of international criminal law norms evolved as part of the international legal system, introducing prohibitions on certain criminal activities, including war crimes, crimes against humanity, and genocide, is shown.The Nuremberg and Tokyo International Military Tribunals were considered crucial benchmarks in the evolution of international criminal law. The International Military Tribunal for the Trial of Major War Criminals of European Countries has until now been created, as follows from Article 1 of the London Agreement, to try war criminals whose crimes are not connected to a specific geographical location, regardless of whether they are prosecuted individually or as members of organizations or groups, or in one or another capacity. It is shown that both Tribunals were historically necessary to carry out retribution for mass crimes committed by high-ranking military and civilian officials of Nazi Germany and Japan during World War II. It was noted that both Tribunals were subjected to fair criticism - both from the participants and later - for the legal imperfection of their institutional basis, selective administration of justice, and the retroactive effect of some essential material norms of criminal law.It was analyzed that the institution of cooperation was revealed in detail in the activities of the International Criminal Tribunal for the former Yugoslavia (from now on - ICTY) and the International Criminal Tribunal for Rwanda (from now on - ICTR). Thus, the ICTY and ICTR were created based on resolutions of the Security Council, which, acting in accordance with Chapter VII of the UN Charter, decided that states should fully cooperate with these bodies of international criminal justice.The Department of Private International Law is shown as one of the divisions of the International Court of Justice, which, among other things, “resolves extremely important and nowadays most relevant extradition disputes and tries political criminals and anarchists. It was emphasized that the court should be independent, both from the parties whose case it decides and from any political movements and opinions in general.

Conflict Mitigation in Papua through a Criminal Policy Approach with the Aim of Social Welfare

Papua, which is located in the easternmost region of the archipelago, was included in the Unitary State of the Republic of Indonesia on November 19, 1969 through UN Resolution no. 2504. This is also at the same time the basis for recognition of Papua's integration with the Unitary State of the Republic of Indonesia according to international law. The handling and handling of the Papuan conflict is treated in various ways, including through a criminal policy approach, where criminal policy itself is a criminal policy, namely a concept of the existence of community protection to achieve community welfare. Thus, it can be said that criminal politics is also an integral part of social politics. Now what then becomes a number of problems is how the rationale and principles that form the basis for Indonesia as a rule of law make Criminal Policy as one of the approaches that can resolve conflicts in Papua in the Supremacy of Law, which in general provide guarantees for human rights, what is the history of the Papua conflict and its impact on Indonesia, what is the right model for tackling the Papua conflict through a criminal policy approach (Criminal Policy) within the Indonesian rule of law, in an effort to improve the welfare of society (Social Welfare). Research on the problems above was carried out using qualitative methods. The type of research used is normative (normative legal research) by using an approach with legal interpretation methods, with the object of study being an inventory of laws and regulations related to Papua conflict management through a criminal policy approach and applicable positive laws related to law enforcement. on Conflict Management by promoting the concept of Social Welfare. Based on the results of the research on the problems above, the handling of the conflict in Papua, the Government of Indonesia continues to prioritize the concept of criminal policy or Social Welfare, this has been proven, until now those who carry out agitation are still considered as armed criminal groups and not referred to as as separatist movements and terrorists. That apart from that, there are a number of things that need to be considered where the Papua conflict is a complex matter and requires an efficient and wise resolution, and the need to improve public understanding to increase the level of quality human resources in order to prevent conflicts from occurring.

THE EXISTENCE OF CRIMINAL LAW IN NATIONAL CRIMINAL LAW REFORM

The problem of reforming criminal law is one of the impo important issues that need in all its aspects in connection with efforts to reform criminal law in our country. It is said to be important and even the most important because legal experts often interpret criminal law as a double-edged sword. On the one hand, it is a law to protect society from the threat of crime, but on the other hand, there are times, there are times when human rights temporarily or permanently deprive a person of liberty. Criminal law reform has existed since 1946 with the issuance of Law Number 1 of 1946 concerning criminal law regulations. Criminal law reform as part of criminal politics is in place, and it is time to implement it. This is mainly related to the provisions of the old criminal law, which are regulated in the criminal law code as an "umbrella act" or an umbrella law of a general nature. This law will also affect the formulation of special criminal laws, following the legal needs of society in this era of independence and openness in the 21st century. Based on the description of the background, the formulation of the problem that will be presented is as follows: Why is the renewal of the national criminal law important? How is the formation of criminal law reform in the national Criminal Code Bill? Based on these problems, the discussion is as follows: The existence of the new Criminal Code has become important which is sourced, characterized, rooted, and has a national character following the contents of Pancasila and the 1945 Constitution, is now very urgent to be realized to replace the old Criminal Code which is a legacy of the Dutch colonial and is no longer compatible with developments. Social, cultural, economic, political, and technological conditions in an atmosphere of independent Indonesia and only undergoing reform in the 21st century. The establishment of the new Criminal Code is a reflection of the government's serious efforts in enforcing criminal laws that are more humane and fair for all levels of society in this reform era. . It would be strange if the Netherlands, WvS had long been revised and not enforced, would continue to apply as a colonial legacy, because of the inability of this nation to create a new national criminal law.

When the State Becomes Complicit: Mayors, Criminal Actors, and the Deliberate Weakening of the Local State in Colombia

Some politicians engage in relationships with criminal actors in pursuit of mutual interests. How does their rise to power affect state capacity? I focus on one of Colombia’s worst episodes of criminal politics to understand how the victory of paramilitary-friendly mayors impacted subnational taxation. Focusing on close races, I find that the victory of a paramilitary-friendly mayor in 2007 led to a substantive drop in property taxation in subsequent years. I argue that criminal collusion allows politicians and criminals to accumulate wealth and political power, but doing so requires them to deliberately undermine local state institutions. Indeed, the evidence suggests that municipalities governed by paramilitary-friendly politicians experienced a weakening of property rights, the worsening of local judicial institutions, and an alteration of the electoral playing field. Rather than a mere consequence of criminal collusion, state weakening is a politically strategic decision that serves the interests of both criminals and politicians.

XORIJIY MAMLAKATLAR JINOYAT PROTSESSUAL QONUNCHILIGIDA EHTIYOT CHORASI SIFATIDA UY QAMOG‘INING HUQUQIY TARTIBGA SOLINISHI

One of the priorities is the liberalization and improvement of criminal procedural legislation in the process of implementing judicial and legal reforms in our country. House arrest is seen by most legal scholars as a means of humanizing modern criminal politics and criminal justice. According to our national legislation, house arrest is a new legal institution concerning other precautions. Therefore, in order to find a rational solution to some problematic cases arising in the practice of applying the law, it is desirable to use scientific-theoretical in-depth study and positive experience of the views of foreign countries with extensive experience in the implementation of this precautionary measure. In this article, the author examines the legal regulation of the measure of house arrest on the basis of the norms of criminal procedural legislation of the Commonwealth of Independent States, the USA, and some European countries, in particular, the basis and conditions for the application of this measure, the types of restrictions imposed on a person by comparative analysis. Also, the scientific and legal aspects of issues related to the procedure for applying for house arrest are expressed through the views of foreign experts and legal scholars, and the essence is revealed, and in the summary section of the article, conclusions and suggestions on improving the national legislation on the home arrest precaution and the practice of its application are presented.

Fight or Hide: Why Organized Criminal Groups Go to War with the State

The scholarship on criminal politics posits a range of confrontational and collaborative relationships between the state and organized criminal groups (OCGs). These relationships often result in equilibria, where the state maintains limited enforcement so long as OCGs limit violence. We examine what happens when that equilibrium is upset and ask why OCGs sometimes go to war against the state. We argue that OCGs will “fight” rather than adapt, or hide from, state enforcement when three conditions are met: (1) increased state enforcement threatens the criminal enterprise’s profitable continuity; (2) the OCG has the organizational capacity to wage war against the state; and (3) the criminal leadership has low linkage to the political class. We demonstrate this argument in six paired qualitative case studies in Sicily, Mexico, and Colombia, and we conclude with some advisory comments for avoiding criminal war.

Crime, elections, and political competition

AbstractAre elections immediately preceded by periods of increased violent crimes? In this paper, we test the link between criminal activity and electoral cycles. We use annual data from 1981 to 2007 on crimes and data from the parliamentary elections in India for the same period. Using a difference‐in‐difference design, we find that election years have significantly higher incidence of violent crimes even after accounting for poverty and inequality. This effect is statistically significant and consistent across specifications. The effect is magnified in districts that are more competitive. Similar regressions using economic crimes and elections show either a decline or no effect. Our results are strongly indicative of a close link between violent crimes and elections, and are critical for the growing debate on the criminalization of politics in developing countries.

ПОЛИЦЕЙСКИЙ НАДЗОР ИЛИ МЕТОДЫ РАБОТЫ С «ПОЛИТИЧЕСКИ НЕБЛАГОНАДЁЖНЫМИ ЛИЦАМИ» ВО ВТОРОЙ ПОЛОВИНЕ XIX- НАЧАЛЕ XX ВВ. (НА ПРИМЕРЕ КУРСКОЙ ГУБЕРНИИ)

Using the example of the Kursk province, the article examines the main methods of government work with persons with dubious «political reliability», «potential» and «real» political criminals in the second half of the XIX - early XX centuries. This paper examines the types (investigative, judicial and administrative) of police supervision. Special attention is paid to the analysis of the public and secret (secret) modes of police surveillance. During the period under review, persons who, by their behavior, gave any reason for distrust (in political terms) were subject to secret (secret) supervision. Persons whose «political unreliability» was established «officially» were subordinated to public police supervision, but the decision of the authorities recognized that stricter measures of state coercion could not be applied to these persons to correct them. The study also provides grounds for establishing supervision over persons with questionable «political reliability», describes the mechanisms of interaction between different departments of the Kursk province that monitor the political situation in the region, the activities of «potential», «real» political criminals. At the end of the study, conclusions were drawn about the role of police surveillance (both public and secret) in the system of punitive and protective measures.

PENCEGAHAN TINDAK PIDANA PERDAGANGAN ORANG (HUMAN TRAFFICKING)

This study discusses the efforts of the Lampung Regional Police in preventing criminal acts of trafficking in persons (trafficking law). Study on Ditreskrimsus Polda Lampung Optimal or professional law enforcement, especially regarding how to deal with it. Because prevention efforts are essentially an integral part of the welfare and protection of the community. Meanwhile, prevention efforts, whether criminal acts, are not easy or impossible to eliminate as imagined, whether it is protection of individuals, society or the state. As we know that the ultimate goal or main goal of criminal politics or policy is about the repetition of crimes. Based on the formulation of the problem discussed by the author, it can be concluded that: The efforts of the Lampung Police in preventing human trafficking are carried out through steps, namely pre-emptive efforts including conveying it to mosque congregations, assigning Bhabinkamtibmas and conducting legal counseling, While preventive efforts are carried out by patrolling, coordinating with kelurahan, RT/RW and religious leaders, deploying teams, establishing guard posts and conducting mapping, while repressive efforts are carried out by seeking information through investigations, undercovers and conducting operations.
 Suggestions that the author can convey based on the results of this research are: Lampung Regional Police members should often patrol this to prevent or narrow down criminal acts that occur in the community as well as be used as an approach to the community to find out the security situation and any complaints that occur in the community.

Public Policy Management and Good Governance: Challenges and the Way Forward

The world is facing extraordinary challenges. Policymakers are attempting to develop institutions that are able to cope with rapid changes in demographics, the environment, and the economy. Policymakers are part of the system in which governments operate. Numerous external and internal pressures continuously attack this structure. Exogenous changes or fresh knowledge caused policies to be reversed or revised more frequently than necessary. In India, policymakers are confronted with an increasing number of issues caused by various types of complexity. In this complex environment, the demand for good policy making is steadily increasing. The objective of this paper is to study various facets and dimensions of good governance from public policy perspective. The paper also explores the public policy alternatives and methods to address the issues and challenges of good governance in India. During the discussion, the authors found that corruption and poor capacity building are main impediments in establishing good governance which in turn hampers the efficiency and equity in the provision of public services, thereby weakening the enforcement mechanism of public policy management principles. The paper also revealed that for effective public policy management and administration, there is a dire need to formulate and implement stringent rules and regulations against the menaces like illegal use of force, corruption, bureaucratic bungling, criminalisation of politics and other constraints hampering good governance. Therefore, to create checks and balances across tiers of government and to correct the existing distortions, the paper suggests reform strategies such as decentralisation of public services through participation of private sector, involvement of poor people in state sponsored development programmes, outcome orientation and having women representation in democratic institutions for ensuring good governance. In order to accomplish these desired social changes, enacting strong legislation with severe penalties and its rigorous execution is the need of the hour.

Wybrane aspekty prawnokarne, kryminalistyczne i kryminologiczne cyberprzestępczości

Constituting to exist of a Central Bureau Against Cybercrime should be treated as an increase – as a part of criminal politics – efforts directed to fight with escalating cybercrime in last years. By the way this event it is justified to concern in this publication for a number of aspects criminal law, criminalistic and criminology nature correlated with this specialized type of a crime. In this publication waggled issue linked with define of cybercrime, computer crimes, synonymity those phrases, cybercrime and computer crimes divisions and techniques their committing. There was mentioned too about problems methodological nature in matters of preparatory cases concerning phishing attacks, access denied Dos type. It was stressed also role of a contemporary computer forensics in studying digital trace treated as a competent criminal trace. In the end mentioned about cryptocurrency in cyberspace in the context of a criminality committed on this plain.

The Implementation of Environmental Law Protection in Indonesia

The current condition of environmental law enforcement is not as expected. Environmental problems tend to accumulate, become complicated and even lead to threats to peace. Environmental law enforcement is still a bureaucrat/government discourse, not yet leading to concrete action. The government has also not synchronized economic, social and ecological elements in every development policy, so it is seen that many policies issued by the government are detrimental to environmental interests, such as the issuance of Government Regulation No. 1 of 2004 concerning the policy of granting mining concessions in protected forests, to 13 mining companies, where this provision is contrary to Law no. 41 of 1999 concerning Forestry which prohibits mining activities in protected forests. The lack of success in enforcing environmental law is also due to irregularities in the process of enforcing environmental law, this can be seen in the application of Article 30 (2) of Law no. 23 of 1997 concerning Environmental Management which states that the settlement of disputes outside the court as referred to in paragraph (1) does not apply to environmental crimes as stipulated in this law or in other words to environmental crimes cannot be resolved through ADR , but in practice the provisions of Article 30 (2) of Law no. 23 of 1997 concerning Environmental Management is often violated or deviated. From criminal politics, the increase in criminal acts in the environmental sector is due to, among other things, development projects and programs that are planned and implemented at the local, regional and national levels, ignoring/not paying attention to environmental factors, not based on accurate research and estimates of developments or crime trends both now and in the future. the purpose of this research is to find out how far the implementation of environmental protection laws is.

Alternative penalties

One of the most crucial elements of a country to maintain harmony and order in society is (alternative sanctions) by the criminal law in a defined time and place. There is no doubt when government exploits in practicing law for facing criminal phenomenon, some human rights are being violated. Maintaining norms and public benefit to face exploitation of practicing law by government has made criminal politics to stand against government to protect human rights. That is why criminal law is about to lose its value as an instrument to deter people to commit crime, also it loses its value to become a part of modern criminal politics, meanwhile researchers and attorneys are in a process to find a gap in this ciaos through scientific research's that embodies a replacement for criminal sentencing in general and imprisoning and capturing in specific. As a result, it becomes a compensation for the loses in fair and judiciary way that leads to minimizing or controlling criminals in society.

Hong Kong triads: the historical and political evolution of urban criminal polity, 1842–2020

AbstractThis article examines the origins and evolution of Hong Kong triads since 1842 through official archival documents, media analysis, interviews with triad members and an analytical framework of criminal politics (organized crime–state relations). We propose ‘the urban criminal polity’ as a novel concept to explicate urban criminal organizations as a non-state power in the city. We argue that interactions between triad societies and the British colonial government were primarily characterized by enforcement–evasion rather than confrontation. Since the 1990s, alliances have grown between patriotic triads and the Chinese central government, which enhances the Chinese government's control over the city.