Current Criminal Law Research Articles

Research on the Criminal Law Response to Telecom Fraud in the Digital Society

With the rapid development of the digital society, telecom fraud has increasingly exhibited characteristics of intelligence, cross-border operations, and concealment, posing serious threats to both the economy and individual interests. However, the current criminal law has many deficiencies in addressing such crimes, making it difficult to effectively curb their spread. This paper analyzes the current state and characteristics of telecom fraud and explores the shortcomings of criminal law in responding to these new forms of fraud in the digital society. It proposes measures such as enhancing the adaptability of the law, improving sentencing standards, and strengthening cross-border judicial cooperation. Furthermore, the paper emphasizes the importance of a coordinated response between technological means and the law, recommending the use of big data and artificial intelligence to improve the investigation and prevention of telecom fraud. The study suggests that only through the deep integration of legal frameworks and technology can the increasingly complex issue of telecom fraud in the digital society be effectively addressed.

IMPROVING CRIMINAL LIABILITY FOR FINANCING TERRORISM

Terrorism is a complex and multifaceted illegal phenomenon that is actively developing in the modern world. The dynamic transformation of this phenomenon requires constant resource support. In the context of widespread informatization and digitalization, the achievements of modern science and technology, as well as the reorientation of the population to function remotely on the Internet, are actively used to attract the necessary resources for organizing terrorist activities. Despite the fact that the current Russian legislation has long defined the specifics of criminal liability for the financing of terrorism, in practice this illegal behavior is actively improving, which gives rise to problems of its qualification, taking into account the existing criminal law norms. The purpose of the presented study is to analyze the state of the institution of criminal liability for the financing of terrorism and to determine the priority areas for its improvement, taking into account modern realities. The author comes to the conclusion that the current criminal law norms in this area do not take into account the realities of financial and information legal relations, which gives rise not only to impunity of specific individuals, but also contributes to the further spread of terrorist financing. Proposals for independent criminalization of terrorist financing are formulated, qualifying features of this act are defined. Attention is focused on the fact that the improvement of criminal-legal measures to combat terrorist financing is of paramount importance, since the scope of legal consequences for the guilty persons directly depends on the criminalization of this activity, and the possibilities of preventive action are significantly expanded.

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.

Proof and proving: legislative technique of criminal procedure laws of the Republic of Moldova and the Russian Federation

Proof and proving lies at the heart of criminal procedure regulation, significantly impacting the quality of law enforcement. In the post-Soviet states that once shared a unified legal system during the USSR dissolution, original criminal procedural laws emerged, exhibiting intriguting examples of evidence and proof rules’ layout. The purpose of the study is to discern the distinct design characteristics of evidence and prove institutions in the criminal procedure laws of the Republic of Moldova and the Russian Federation. The study’s methodological framework rests upon the general scientific principles of cognition such as objectivity, comprehensiveness, pluralism, and historicism. It employs historical, formal-logical and comparative methods, as well as document analysis. By comparing the normative models of evidence and proof institutions in Moldovan and Russian criminal procedure laws, a shared approach to the concept of evidence as a fusion of form and content becomes apparent. Distinct features of the Moldovan criminal procedure law include the systemic and structured arrangement of evidence rules, the formal adoption of the concept of a means of proof, and precise use of terminology. Conversely, the Russian criminal procedure law disperses evidence rules actoss general and specialized sections, leading to regulatory duplications and terminologicals inaccuracies. The historical roots of the evidence and proof institution layout trace back to November 20, 1864, Charter of Criminal Procedure. The Charter’s systematization of norms reflected the nuances of the pre-revolutionary Russian process. Despite the subsequent stage structuring evolution during the Soviet era and procedural form differentiation, the Soviet legislator retained the pre-revolutionary rules’ systematization on evidence. Presently, the current criminal procedure law maintains much of the previous regulatory content, highlighting essential areas for enhancement in evidence and proof institution design to allign more closely with the process’ stage structure and procedural form differentiation, thus mitigating potential abuse of rights. Addressing these design shortcomings is crucial. Rectifing Russian legistation following the comparative study allows drawing insights from Moldova’s legislative experience.

Specification in the Soviet Law of Ensuring by the Court the Right of the Defendant to Protection in His Right to Questions in Interrogations

The object area of the study is the legal relations considered in the related normative construction of the principle of ensuring the right of the defendant to defense and his subjective right to questions in judicial interrogations, which arose on the basis of the Criminal Procedure Code of the RSFSR of 1960. As the main method, normative scaling is used, based on the axiom of the normative similarity of different-sized legal constructions (the normative principle of ensuring the right of the defendant to defense and a separate rule on the right of the defendant to questions in court interrogations). As a result of the study, the following conclusions are formulated. The implementation of the normative invariant that existed in the rule on ensuring the defendant’s right to personal defense by the court in the form of his use of questions during judicial interrogations did not have a complete concretization in the institute of questions during judicial interrogations. The large-scale normative object (the principle of criminal procedure) did not show full similarity in the rules on the questions of the defendant in judicial interrogations. The absence of a complete similarity between the principle of ensuring the right to defense and the defendant’s right to questions may indicate a conflict of laws in the bilateral structure of legal relations (the defendant has the right, and the court is obliged to ensure this right), the need to consider the application of a tripartite model of legal relations in the current criminal procedure law, in which the court»s duty will be presented differently.

Criminal Law Policy Related to Corporate Criminal Liability in Facing the Challenges of Globalization

The acceptance of corporations as the target of crime, thus raising the issue of criminal policy in the prosecution of corporate crime. There are two main topics in this research, namely (1) how is the current criminal law policy towards criminal liability? (2) How is the criminal policy of criminal liability in the problem of globalization era in review of ius constituendum? The research method uses normative jurisprudence research method with law making, comparison and analysis of legal concepts. The results of the research are: (1) Criminal law does not regulate society as an object of criminal offense has regulated society as an object of crime. (2) economic life between countries is increasingly dependent on each other, therefore international trade regulations are increasingly needed. There used to be a saying that the poorer a country is, the higher the crime is, now the saying only applies to ordinary crimes such as theft, robbery, fraud and embezzlement.

Research on the Application of Criminal Law to Cross-Border Online Gambling in China

With the continuous deepening of globalization and the rapid development of internet technology, cross-border online gambling, as an emerging form of crime, has brought new challenges to social security and international cooperation. Based on the current criminal law in China and relevant research, this paper analyzes in depth the characteristics of cross-border online gambling and the loopholes and deficiencies in the current legal system, and puts forward corresponding improvement suggestions. Drawing on existing academic research results at home and abroad, combined with relevant cases in China and legal practices in other countries and regions, this paper believes that in dealing with cross-border online gambling crimes, it is necessary to adhere to legislation first, clarify relevant charges and sentencing standards, and ensure the completeness and applicability of the legal system. At the same time, law enforcement agencies should strengthen cooperation and information sharing, form a joint force to decisively cut off the interest chain of cross-border online gambling. In addition, international cooperation is also an indispensable part, and all countries should make joint efforts to establish an international law enforcement cooperation mechanism to jointly combat cross-border online gambling crimes. Through comprehensive measures and joint efforts, social harmony and stability can be maintained, and the vital interests of the people can be safeguarded.

The Synergy of Indonesian National Police and Army in the Effort to Treat Criminal Terrorism

The implementation of synergy between the Indonesian Police, Indonesian National Armed Forces, and the community in the context of overcoming the crime of terrorism, where the problem becomes a legal problem when proposed by the Draft Terrorism Law. The problem in this research is how the legal problems in the implementation of the synergy of the Indonesian Police, the Indonesian National Armed Forces and the Community in the effort to tackle terrorism crime, how the current criminal law policy is applied in overcoming terrorism crime and how is the formulation of criminal law applied in tackling acts criminal terrorism in the future. This research method is empirical juridical, and data is collected from library studies, interviews, and observations. The conceptual framework in the study includes the concept of criminal law policies and the concept of criminal acts of terrorism. The results of this study indicate the efforts to tackle terrorism in Indonesia stem from differences in vision and mission between the Indonesian Police and the Indonesian National Army in the aim of synergizing to eradicate criminal acts of terrorism. The emergence of a narrow mindset of some people who think that the issuance of Police Chief Regulation No. 7 of 2008 concerning Basic Guidelines for Strategy and Implementation of Community Policing in Handling Indonesian Police Tasks is seen as an effort to counteract the activities carried out by Babinsa formed by the Indonesian National Army.

Protecting women’s rights under the current criminal law of Vietnam

Enhancing women’s rights is a crucial matter globally and has been addressed in various legal documents. Vietnam has actively collaborated with the international community to bolster the safeguarding of women’s rights within its criminal justice framework. The 2015 Criminal Code of Vietnam underwent significant revisions to ensure the well-being and rights of women. However, certain provisions still require improvement to ensure comprehensive protection. This article thoroughly examines the shortcomings in safeguarding women’s rights within Vietnam’s criminal law system and proposes measures to enhance the relevant provisions in the 2015 Criminal Code. By refining and expanding regulations, providing stronger support and protection for victims, improving monitoring mechanisms, and ensuring effective enforcement, we can bolster the protection of women’s rights in the 2015 Criminal Code. A robust and logical legal system is essential for women to attain maximum rights and safety within society.

Criminal legal model of criminalization of illegal actions in relation to organs and (or) tissues

The work examines some features of criminal liability for actions in relation to human organs and (or) tissues. The author noted that in the context of the need to maintain the “purity” of the qualification of a criminal offense, the need for the timely and correct establishment of a criminal law prohibition in domestic law, there is no stable model for the criminalization of illegal actions in relation to human organs and (or) tissues. In connection with this, the object of study is the social relations that arise in connection with the commission of crimes against human organs and tissues. The subject of the research is Russian modern criminal legislation, foreign criminal legislation, scientific works reflecting the problems raised in the work. Particular attention is paid to the criminal legislation of neighboring countries, since it is there that there are provisions that are interesting from the perspective of the research topic. As a result of the review, the author states that at present there is an urgent need to legislate special rules establishing criminal liability for illegal actions in relation to human organs and tissues. The analysis showed that the current criminal law does not have a stable system for the group of criminal offenses under consideration. Supporting the opinions of most experts in the field of criminal law, the author considers the criminalization of illegal trade in human organs, tissues and cells justified. In addition, the analysis made it possible to develop an abstract criminal law model for the criminalization of illegal actions in relation to organs and (or) tissues, which includes two groups of criminal offenses: crimes related to the manipulation of human organs and tissues; trade in human organs and tissues. At the end of the work, the design of the named model is proposed.

Редуцированные преступления

The relevance of the research topic is evidenced by the desire of the legislator to recognize unfinished torts as completed acts due to their increased social danger. The dialectical method in combination with instrumental methods of cognition was used as a methodological basis. During the study, it was established that in the current criminal law, reduced offenses in the form of preparation and attempt are contained in eight chapters of the Criminal Code of the Russian Federation. The legislative-textual approach to truncated crimes made it possible to identify a number of significant shortcomings in the texts of articles. In particular, in the same part of the articles there is an integration of completed and unfinished compositions, different in the degree of social danger, a combination of types of accomplices in one part of the article, and the formulation in different parts of the article of instructions on the liability of one accomplice , repetition of identical features in the disposition of the article, etc. Based on the results of the study, the author comes to a number of conclusions: in criminal legislation, along with traditional crimes, there are reduced crimes that represent structurally incomplete criminal acts. Reduced acts, the signs of which are specified in the regulations of the Special Part of the Criminal Code, are unfinished types of crimes, and reduced acts, the signs of which are given in the norms of the Special Part, are qualified as completed crimes due to their increased social danger. A text-centric approach to criminal legal regulations allows us to identify shortcomings in the legislative text and make proposals aimed at improving the quality of the legislative text by eliminating existing legislative and technical defects.

ASAS LEGALITAS DALAM HUKUM PIDANA SEBAGAI SARANA PENANGGULANGAN PERKAWINAN ANAK

This study focuses on the principle of legality in criminal law as a means of dealing with child marriage. Child marriages, which continue to occur today, have become a social phenomenon in various regions, not only occurring among ordinary people, but also in Islamic boarding school environments. The approach method uses conceptual (conceptual approach) and statutory (statute approach). The legal materials used come from documented legal materials in the library. Analysis was carried out using descriptive analysis. This study resulted in the finding that child marriage is not a criminal act according to the principle of legality as regulated in Article 1 paragraph (1) of the Criminal Code (KUHP) because the prohibition on child marriage is clearly and firmly regulated in the jurisdiction of the Civil Law, especially Article 7 paragraph 1 of the Marriage Law. Moreover, this prohibition is not absolute because it can be excluded by the existence of Article 7 paragraph 2 which provides legal policy for court judges to grant requests for marriage dispensation requested by parents or guardians of children for very urgent and unavoidable reasons in order to protect the child. . On the other hand, the current criminal law policy as a means of overcoming child marriage does not contain terminology that clearly and firmly regulates the prohibition and sanctions for perpetrators of child marriage, but what is regulated is the prohibition of forced child marriage and making child marriage a means of exploiting children. Apart from that, the existence of Article 288 of the Criminal Code relating to the prohibition of sexual intercourse with children who are thought to be unfit for marriage has no force and at the same time there are indications of a conflict of norms with the existence of Article 7 paragraph 2 of the Marriage Law, in line with the positive legal theory which views the granting of marriage dispensations by The authorized institution can erase the perpetrator's mistakes to become a reason for forgiveness and justification in criminal law

Self-interest as a qualifying sign of crimes in the field of entrepreneurial activity

Entrepreneurship in the general consciousness can be represented as the most ancient and natural institution of society for humanity. Legislative regulation of such a significant social institution was only a matter of time. Rapidly changing historical conditions radically changed both society and the state; legislation, as a superstructure, underwent modernization in accordance with changing realities, which led to the formation of some legal rudiments that migrated from earlier norms of law. This article examines the criminal law norms of Russian law that establish responsibility for committing crimes in the field of business activity, the main or qualified elements of which include such a sign of the subjective side as “selfish interest”. In the context of this study, selfish interest is analyzed as one of the main crime-forming factors of some articles of the Criminal Code, while in other norms of law the attribute in question is only implied in absentia when qualifying unlawful acts committed. The author used both theoretical and empirical methods of cognition when considering existing criminal law norms and their practical use in modern realities. Based on the results of the analysis, the author comes to his own conclusion that the appropriateness of the presence of the above feature in the criminal law in the form in which it currently exists should be questioned. The author provides arguments and evidence of reasons to doubt the generally accepted point of view based on the very nature of entrepreneurial activity and its correlation with self-interest. Based on the collected data presented in this article, the author has identified and discussed possible shortcomings of the current criminal law, expressed in the presence of a designated sign of the subjective side of crimes enshrined in many articles of the criminal code.

Substances dangerous to public health according to the Criminal Code of 1922 and 1926: comparative legal analysis and criminal law regulation

The subject of the study is the legislation on illegal actions with narcotic drugs and other substances with generally dangerous properties under the criminal codes of 1922 and 1926 in the context of normative continuity with the Code of Criminal and Correctional Punishments of 1845. A comparative legal analysis of the concepts of poisonous, potent and intoxicating substances as subjects of the relevant crimes of the first Soviet criminal codes and the relevant norms of the current criminal law is carried out. For the first time, archival official documents of the highest state bodies were used to substantiate the high degree of public danger of illegal trafficking of potent and poisonous substances. According to the results of the study, legal science and medicine in the studied period had a developed arsenal of conceptual means of describing illegal trafficking and the consequences of the use of substances that pose a danger to public health. The first Soviet legislator took into account unlimited possibilities in the field of chemical synthesis and therefore considered the list of intoxicating substances to be open, referring to any substances whose qualitative features and actual use corresponded to the literal meaning of their names. The concept of potent substances was generic in relation to the concepts of narcotic drugs and other substances, the defining property of which was the intensity of their effects on the body. The continued use of pre-revolutionary conceptual constructions in modern criminal legislation serves as a normative obstacle to the development of the criminal law institute for the protection of public health based on the norms of international law.

Foreign Interference and the Incremental Chilling of Free Speech

Foreign interference is a growing threat to all liberal democracies, including Australia. To respond to this growing threat, the Department of Home Affairs has developed a complex ‘Counter-Foreign Interference Strategy’ (CFIS). At the heart of the strategy lies a suite of interlocking and overlapping legislation, including the Foreign Influence Transparency Scheme Act 2018 ( FITS Act), the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 and the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2018 (Electoral Funding Act). The aim of this paper is to explain and clarify the legislation and the free speech burdens it imposes, and determine whether the laws are suitably targeted at foreign interference without unduly limiting legitimate communication activity. We argue that the current criminal law regime is ineffective in addressing the problem because foreign interference is a complex and pervasive phenomenon taking many different forms — from espionage on university campuses to anonymous and targeted social media campaigns. The legislative scheme is not properly tailored to tackle foreign interference as it actually occurs.

Материально-правовые основания Хабаровского процесса и их современное значение

The article discusses the question of the modern significance of the sources of law that served as the basis for the sentencing at the Khabarovsk trial; it is proved that the Decree of the Presidium of the Supreme Soviet of the USSR of April 19, 1943 was not excluded from the list of existing sources of law, but its potentially not excluded application for assessing criminal acts that took place during the Great Patriotic War it should be correlated with the requirements of the current criminal law on responsibility for crimes against humanity and on the retroactive force of the criminal law.

Criminal law regime for electronic money crimes in the context of the digital economy

Abstract E-money is a product of the fusion and development of network technology and digital economy, which has the attributes of data, property and money, and the current Criminal Law’s regulatory response to e-money crimes has highlighted the inadequacy. In order to improve the criminal law regulation of e-money crimes, this paper combines the Siamese-BiLSTM model based on the attention mechanism and TextRank algorithm to design a similar case retrieval model for e-money crimes, in order to analyze the loopholes of the criminal law regulation and the reasons for their emergence, and thus to give the path suggestions. Compared with the baseline model Siamese-BiLSTM, the accuracy and F1 value of the improved model in this paper are improved by 5.09% and 5.20% on average, respectively, and the removal of any module leads to a decrease in model performance. This indicates that the improvement of the e-money crime similar case retrieval model based on SBA+TextRank in this paper is better, and it is applicable to the similarity calculation of legal case texts. This paper provides a feasible path for improving the criminal law system for e-money crimes.

Адаптация советского опыта уголовных мер в военное время для современной России

Modern reality dictates the need to improve criminal legislation, in particular, the system of criminal penalties, in wartime conditions. Taking into account the historical features of legal regulation in this area allows us to solve this problem most effectively. The Soviet period was characterized by a tightening of the punitive policy of the state during the period of hostilities. At the same time, the modern Criminal Code initially did not contain such provisions, and only the difficult geopolitical situation of recent years prompted the legislator to amend it in terms of taking into account the peculiarities of wartime. The article examines the possibility of adapting the historical experience of applying criminal measures in wartime to modern Russian realities. Based on the analysis of Soviet practice, the author substantiates the expediency of introducing some of its elements, for example, accelerated judicial proceedings in cases of military crimes, the possibility of involving convicted servicemen to serve their sentences in the active army. The author also substantiates the impossibility of including the most severe sanctions (for example, the death penalty, exile and expulsion) in the current criminal law regulation as contrary to modern human rights standards. It is concluded that the integrated use of adapted Soviet experience in combination with new scientific developments will strengthen the preventive and punitive potential of criminal law in wartime conditions, increase the effectiveness of criminal justice and ensure the protection of the country's defense capability while respecting the guarantees of individual rights.

THE SOCIAL CONDITIONALITY OF THE INTRODUCTION OF CRIMINAL LIABILITY FOR THE REFUSAL OR EVASION OF A PERSON SUBJECTED TO ADMINISTRATIVE PUNISHMENT FROM CONCLUDING A STATE CONTRACT UNDER A STATE DEFENSE ORDER OR A CONTRACT NECESSARY TO FULFILL A STATE DEFENSE ORDER

This article evaluates the determinants that determine the social expediency of introducing liability under Article 2013 of the Criminal Code of the Russian Federation into the current Criminal Law of the Russian Federation - "Refusal or evasion of a person subjected to administrative punishment from concluding a state contract for a state defense order or a contract necessary to fulfill a state defense order." The author examines the content of the new corpus delicti and draws conclusions determining the necessity and validity of the introduction of criminal liability for the repeated act of committing an administrative offense provided for in Article 7.29.2. of the Administrative Code of the Russian Federation. As a result, the conclusion is formulated that the presented amendments to the criminal law significantly tighten criminal liability for the acts in question, provided that the primary administrative offense is committed, which translates the consequences in the form of the application of legal liability to the guilty person from a number of administrative consequences to the plane of criminal legal relations, which is also due to new challenges and threats that are reflected in the modern realities of economic, legal and legal development of the Russian Federation.

CRITICAL REVIEW OF THE LEGAL REGULATION OF MICROTRANSACTION ‘GACHA’

Microtransactions are a type of small-scale financial transaction conducted online. With the advent of the internet, trading transactions no longer require direct interaction between the seller and the buyer, as everything is done through online platforms. One form of microtransaction found in games is gacha. The issue of microtransaction gacha arises due to their inherent gambling elements. However, there is a loophole in current criminal law in Indonesia where no specific regulation governs this issue. This research aims to compare the differences in the legal regulation of microtransaction gacha between national criminal law and Islamic criminal law. The research methodology employed is a comparative method with a literature review approach. The findings of this research indicate that there is no specific regulation in national criminal law that categorizes microtransaction gacha as prohibited acts under the law, whereas, in Islamic criminal law, microtransaction gacha fulfill the elements of gambling and are therefore considered haram (forbidden). Therefore it is important to establish a framework of criminal law that regulates gacha systems to minimize the impacts caused by microtransaction gacha.