Dangerous Crime Research Articles

Pripremanje krivičnih djela terorizma Međunarodni standardi i krivično pravo Bosne i Hercegovine

On the basis of several universal and regional international documents, Bosnia and Herzegovina, as well as a number of modern states, foresees the criminal offense of terrorism in several different forms of manifestation, but with identical content, characteristics, elements, legal description, legal nature, that is, forms or types of manifestation. It is an extremely serious, dangerous crime, with an international content, that is, with international basis for prescribing criminal responsibility and punishment. Due to the high degree of social danger of various forms of manifestations of terrorism, all modern criminal legislations move the limit of punishment to the previous stage - to the stage of preparation of criminal offenses, the undertaking of which, through physical or psychological activities, creates the conditions or prerequisites for the perpetration of one of the criminal offenses of terrorism in general, or to a faster, easier, simpler or more efficient way. In the positive law in Bosnia and Herzegovina, numerous preliminary actions that precede the perpetration of criminal offenses of terrorism in general or preliminary actions that contribute to their more efficient, successful or better execution are also provided as independent criminal offenses. The paper investigates and problematizes the system, concept, content, elements and characteristics, and forms of manifestation of the preparation of criminal offenses of terrorism in the criminal legislation of Bosnia and Herzegovina, especially in the context of international standards.

The Influence of the Theory of Behavior Crime, Dangerous Crime, Consequential Crime and Purpose Crime on the False Issuance of Special VAT Invoices.

The Influence of the Theory of Behavior Crime, Dangerous Crime, Consequential Crime and Purpose Crime on the False Issuance of Special VAT Invoices.

Analysis of Special Provisions for Arresting Terrorism Suspects

The crime of terrorism is a very dangerous crime and can destroy a country. Apart from that, the crime of terrorism is also a crime that is neatly organized so it is difficult to uncover. In this regard, arresting perpetrators of criminal acts of terrorism is also very difficult and requires special provisions. The aim of writing this article is to discuss the specifics of arrest provisions as regulated in positive law. The method used in writing this article is of a normative type with a statutory approach. The results of this research state that giving a longer period of time, namely 7x24 hours and which can be extended to 14x24 hours, is aimed at giving law enforcement officers enough time to arrest terrorism suspects who are certainly not easy to find.

CORRUPTION IS AN ENEMY OF SOCIETY'S DEVELOPMENT

Corruption leads first of all to injustice, inequality and public discontent, violation of the criteria of justice in society. In some countries, reporters have established the most effective public scrutiny in the fight against corruption. Therefore, it is necessary to support the activities of several strong periodicals in our country. The absence of development without criticism must be inculcated in the minds of citizens. These "invisible hands" underlie the opening and closing of dozens of joint ventures every year. First in the West, then in Asia, the issue is deepening, and as the area, scale and level of the "disease" in society is growing, it is necessary to think about what to do. Corruption is a threat to development, a dangerous crime that threatens security, and the fight against this scourge should be the work of all of us, not just the relevant authorities.

PTSD and Partial PTSD among First Responders One and Five Years after the Paris Terror Attacks in November 2015

Following the Paris terror attacks in November 2015, a large number of first responders (FR) were mobilized and consequently were at risk of developing posttraumatic stress disorder (PTSD). Based on the ESPA 13 November survey, the objectives of this study were to 1) describe the prevalence of PTSD and partial PTSD in FR five years after the attacks, 2) describe the changes in PTSD and partial PTSD from one to five years after the attacks, and 3) examine factors associated with PTSD and partial PTSD five years after the attacks. Data were collected using an online questionnaire. PTSD and partial PTSD were measured using the Post-Traumatic Stress Disorder Checklist based on the DSM-5 (PCL-5). Gender, age, responder category, education level, exposure, mental health history, history of traumatic events, training, social support, concern about the COVID-19 epidemic, and somatic problems present after the attacks were all analyzed as potential factors associated with PTSD and partial PTSD using multinomial logistic regression. A total of 428 FR were included 5 years after the attacks, of which 258 had participated also 1 year after the attacks. Five years after the attacks, the prevalence of PTSD and partial PTSD were 8.6% and 22%, respectively. Presence of somatic problems after the attacks were associated with PTSD. Involvement in dangerous crime scenes was associated with a higher risk of partial PTSD. No awareness of psychological risks in the context of professional activity through specific training was associated with partial PTSD, in particular among participants aged 45 years or more. To mitigate PTSD for FR, monitoring mental health symptoms, providing mental health education, and providing treatment may be needed for several years after the attacks.

RACE, MEDIA, AND POLICE PRACTICES: HOW THE MEDIA INFLUENCES POLICE INTERACTIONS WITH BLACK AMERICANS

The spring of 2020 saw mass protests all across the country against the murder of George Floyd by a Minneapolis police officer. They demanded justice and they demanded change. How can there be positive, permanent change to policing, which, since its implementation, has targeted Black communities? This paper will talk about one of those changes: the abolition of all police forces. First, the paper will discuss the media and how it is used to perpetuate negative stereotypes about Black people. It will go over three prominent Black stereotypes; the Mandingo, the Sapphire, and the Savage. After that, it will discuss how to use popular culture to change how Black people are perceived in society. Next, it will go over news media and how that is an avenue for negative Black stereotypes. Then it will go over how to dispel those stereotypes through different journalistic techniques. Second, the paper will talk about stop and frisk, or Terry stops. It will define what stop and frisks are and when the police are allowed to stop and frisk. It will then talk about the issues involved with the practice and then discuss different reforms, such as elimination, that can alleviate the issues involved with stop and frisk. Next, the paper will explain about what a chokehold is. There are two different types of chokeholds, the carotid restraint and a chokehold. Then the paper will go through a case and discuss the implications of having chokeholds in police practices. Next, it will go through all of the different reforms, such as defunding, training, and abolition, to fix the issues brought on by how chokeholds are being implemented today. Next, the paper will discuss the three automobile exceptions: stop and frisk, search incident to an arrest, and the automobile exception. This section will discuss when the police can order someone out of their car, when they can search the car, and why they can search it. The paper will then discuss the implications of allowing police discretion to choose which cars to search and discuss the racial disparities in the stops and searches. Next, the paper will discuss reforms that can be made to alleviate the issues involved with the automobile exceptions. Lastly, what will happen to society if there is no police? The paper will go over the possibilities of funding and programs that can be implemented in the place of the police. It will discuss the debate over what will be done to combat dangerous crime.

Criminal law and forensic support in the fight against cybercrime

The article analyses legislation and scientific work on combating cybercrime based on the use of a set of general and special methods, methodological principles and approaches of legal science. It is concluded that with the introduction of the term “cybercrime” in the criminal law of Ukraine, the use of the term “cybercrime” becomes relevant, which should be understood as a socially dangerous crime in cyberspace, a responsibility that is provided for by the Ukrainian law on criminal responsibility and that is also recognized as a criminal offense by international treaties that regulate the matter. Emphasis is placed on the desirability of making appropriate terminological changes in the Law of Ukraine “On the Basic Principles of Cyber Security” and other regulations, as well as taking other systemic measures at the conceptual and organizational level, to identify the main cybersecurity threats and formulate measures to prevent and investigate them, determine a single body for the operational management of all entities whose task is to ensure the cybersecurity, create a system of technological means of the national cybersecurity system and establish closer international cooperation.

988 is Coming, But Most Localities Still Not Prepared

988 is Coming, But Most Localities Still Not Prepared

On the definition of the concept «criminal offense»

The article is devoted to general problems of inconsistency of national legislation in terms of terminology and interpretation of some key concepts of criminal law.
 The shortcomings of the law on criminal liability can have catastrophic consequences for a number of actors: offenders, victims, pre-trial investigation bodies, judges, etc.
 One of the most discussed issues in scientific and practical circles is the novella of the Criminal Code of Ukraine, which from July 1, 2020 introduced into law enforcement the term «criminal offense» as a collective in relation to the terms «crime» and «criminal offense». The main reason for this was the exceptional workload of investigators, prosecutors and judges with small criminal cases. Accordingly, they are planned to be considered in a simplified format of inquiry. This step is certainly justified, but it has led to the need for a comprehensive revision and amendment of terminological amendments to a number of regulations, which, in turn, have led to a large number of both internal and external inconsistencies.
 In accordance with the new versions of Articles 11 and 12 of the Criminal Code (hereinafter – the Criminal Code) of Ukraine, the concept of «criminal offense» is introduced, criminal offenses are divided into criminal offenses (hereinafter – misdemeanors) and crimes; a misdemeanor differs from a crime only formally - by punishment: it cannot provide for imprisonment, and the fine for a misdemeanor cannot exceed three thousand non-taxable minimum incomes. Therefore, Article 11 of the Criminal Code of Ukraine states that a criminal offense is a socially dangerous criminal act (action or omission) committed by the subject of the criminal offense.
 In the end, misdemeanor and crime are almost indistinguishable: like crime, misdemeanor is a socially dangerous crime; like a crime, a misdemeanor entails a criminal record; guilt in both the crime and the mis- demeanor must be established by a court conviction. Nevertheless, the procedure for pre-trial investigation and trial of misdemeanors, according to Law №2617-VIII, differs significantly from the similar procedure for crimes. In accordance with the provisions of Articles 38, 40-1, 71, 214, 219, 298-3, 298-4, 300 of the Criminal Procedure Code (hereinafter - CPC) of Ukraine, such a form of pre-trial investigation as the inquiry acquires a new meaning - for pre-trial investigation of misdemeanors.

CORRUPTION IS A DANGEROUS CRIME FOR SOCIETY

“Corruption is the illegal use of an individual for the purpose of obtaining material or intangible benefits from his or her career or service position in the interest of the individual, as well as the unlawful provision of such benefits.” The term corruption is derived from the Latin word "corruptio", which means purchase, breakdown, dismissal, moral (spiritual) violation by giving money. Usually it refers to the use of the official powers and rights granted to him by the official, as well as the status of official prestige associated with this, opportunities and relations, contrary to the rules of law and morality, in the interests of his personal interests. In this article, opinions and opinions are made about what corruption is, its essence and the harm it brings to our society and its dangerous crime.

Interoperacyjność unijnych systemów informacyjnych – narzędzie wykorzystywane w zwalczaniu terroryzmu i poważnej przestępczości transgranicznej (część I)

Terrorism and cross-border crimes are complex and diversified problems. They are one of the most se rious threats to the modern world, both nationally and internationally. The Act on the Police contains the major tasks of this formation, namely: “To cooperate with foreign police forces and their international or ganisations, as well as European Union bodies and institutions, on the basis of international agreements and treaties and separate regulations” and “The Police also carry out tasks resulting from the legislation of European Union as well as international agreements and arrangements on the rules and within the scope specified therein”. In order to carry out statutory tasks, police officers at home and in the world work on the basis of information which is collected and processed in various types of files, registers, collections or databases. This information is exchanged among authorised authorities at home and in the world. This cooperation is aimed at preventing, detecting and combating the most dangerous crime, in particular, terrorism and organised cross-border crime. The latter became very real when controls at the internal borders of the European Union were abolished, through the creation of the Schengen area. From the beginning of the launch of the Schengen area, it has been realised that security within the area and external border management would require a need to create and implement IT systems whose task would be to support the above-mentioned activities. The abolition of border controls and increased migration flows in Europe are conducive to developing cross-border and terrorist crime. Awareness and experi ence related to the materialisation of the above-mentioned threats initiated strengthening of cooperation among the individual countries of the globe. Strengthening of cooperation became possible following the creation and launch of large-scale information systems, namely: Schengen Information System (SIS), Eurodac, Visa Information System (VIS), Entry/Exit System (EES) and European criminal records infor mation system - third country nationals (ECRIS-TCN). In this part of the publication, in view of the exten sive nature of the issue, only SIS and VIS systems have been described, however, I encourage you to enhance your knowledge about other large-scale systems, i.e. Eurodac, Entry/Exit, ECRIS-TCN and the issue related to their interoperability.

Interoperacyjność unijnych systemów informacyjnych – narzędzie wykorzystywane w zwalczaniu terroryzmu i poważnej przestępczości transgranicznej (część I)

Terrorism and cross-border crimes are complex and diversified problems. They are one of the most serious threats to the modern world, both nationally and internationally. The Act on the Police contains the major tasks of this formation, namely: “To cooperate with foreign police forces and their international organisations, as well as European Union bodies and institutions, on the basis of international agreements and treaties and separate regulations” and “The Police also carry out tasks resulting from the legislation of European Union as well as international agreements and arrangements on the rules and within the scope specified therein”. In order to carry out statutory tasks, police officers at home and in the world work on the basis of information which is collected and processed in various types of files, registers, collections or databases. This information is exchanged among authorised authorities at home and in the world. This cooperation is aimed at preventing, detecting and combating the most dangerous crime, in particular, terrorism and organised cross-border crime. The latter became very real when controls at the internal borders of the European Union were abolished, through the creation of the Schengen area. From the beginning of the launch of the Schengen area, it has been realised that security within the area and external border management would require a need to create and implement IT systems whose task would be to support the above-mentioned activities. The abolition of border controls and increased migration flows in Europe are conducive to developing cross-border and terrorist crime. Awareness and experience related to the materialisation of the above-mentioned threats initiated strengthening of cooperation among the individual countries of the globe. Strengthening of cooperation became possible following the creation and launch of large-scale information systems, namely: Schengen Information System (SIS), Eurodac, Visa Information System (VIS), Entry/Exit System (EES) and European criminal records information system - third country nationals (ECRIS-TCN). In this part of the publication, in view of the extensive nature of the issue, only SIS and VIS systems have been described, however, I encourage you to enhance your knowledge about other large-scale systems, i.e. Eurodac, Entry/Exit, ECRIS-TCN and the issue related to their interoperability.

Decartelization of the economy: working model, alternative and combined approaches

The article examines the concept, prehistory and modern practice of cartelization of the Russian economy. The key factors of the growth of cartelization are highlighted, the main approaches to modernization of the modern state policy on decartelization of the Russian economy are formulated. The intensive control over tenders by the antimonopoly bodies, Federal Treasury, Accounting Chamber and Government customers made it possible not only to reveal a large-scale practice of artificial bidding prices regulation using cartel schemes but also to reveal signs of a system of organized abuse in the field of public procurement, among which the cartel is not the most dangerous crime. Currently, the decisions on admissibility of business entities agreements in main areas of market relations should be taken in terms of facilitating the transition to an innovative digital economy, overcoming the general economic crisis, reinforced by the COVID-19 coronavirus pandemic, as well as of maintaining a balance between transnational economic relations and protectionism of national jurisdictions. The most promising direction for the formation of common approaches to countering cartelization of digital economy might be an initiation of the development within the framework of UNCITRAL (UN Commission on International Trade Law) of a model law of the appropriate content, which refers to the form of "soft law", as well as of similar EAEU model law.

Regulatory fundamentals of the fight against terrorism in Ukraine

An important element of ensuring national security in Ukraine is the legal consolidation of practical and real principles in national legislation. One of the main reasons for the low quality of the fight against terrorism is the imperfection of legal acts and the inconsistency of the level of preparation for real threats. Normative acts require detailed study, analysis and substantiation in view of international law and evolution, due to which, changes are made more than once. The growing number of terrorism in the world, gives impetus to international cooperation to combat the most dangerous crime. Research is important to address the challenges of preventing terrorism.To improve the legislation, it is necessary to take into account the degree of ability to anticipate threats and assess risks, to ensure the continuity of the process of activity of bodies and the process of recovery. Improving Ukrainian legislation requires modernizing Cain's anti-terrorism legislation on countering and preventing terrorism.The article analyzes the legal framework for combating terrorism, identifies the relevance of the problem of combating terrorism, the range of regulations, considers the views of scientists on the system of their division by type, proposed its own system of regulations in the table.Specifically, some important legal acts on measures to combat terrorism are analyzed. The international legal documents establishing the general principles of international cooperation in the field of prevention and counteraction to terrorism are studied.The priorities of the state policy in the field of counter-terrorism, the principles of counter-terrorism enshrined in regulations are considered, and some proposals for improving the regulatory framework in the fight against terrorism in Ukraine are identified.

Hukuman Kebiri Kimia Bagi Pelaku Kekerasan Seksual Terhadap Anak Perspektif Fiqh Siyasah

Responding to the high number of sexual violence against children, President Jokowi enacted the Regulation of Child Protection which in regulated chemical castration punishment as an additional penalty for perpetrators of sexual violence. However, a few years after the enactment, case of sexual violence against children remained high, but in fact there were no perpetrators of sexual violence that were castrated with chemicals. Because, the competence to do the castration chemistry by profession of doctor, but the Indonesian Doctors Association (IDI) refused to become the executor of castration chemistry, for reason of a humanity and violate a medical oath. Based on it, a chemical castration need to be explored in the perspective of Fiqh Siyasah. This research is a socioyuridical study, which relies on qualitative data, so to describe the castration punishment in Siyasah Fiqh perspective, the author used two approaches, that was the statutory approach and conceptual approach. The result of the research show that, normalizing chemical castration as an additional type of penalty for perpetrators of sexual violence is based on the consideration that (i) sexual violence against children is a very dangerous crime because this crime did not appear to the surface, (ii) made many victims accompanied with a long trauma, (iii) can even encourage victims to do suicide. (iv) In another, the perpetrators were not only Indonesian citizen, but foreigner who came to Indonesia in the guise of tourists and had a desire to look for a victim. However, out of these consideration, in the perspective of fiqh siyasah, based on the agreement of the cleric the application of chemical castration to perpetrator of sexual violence is unlawful. But the perpetrator can be convited to death, if the act is done repeatedly.

Общественная опасность рецидива преступлений

We point out that the danger is not the relapse of the crime, but the identity of the criminal, since the punishment for the person who committed the crime for the first time and the criminal who committed the crime again must be different, otherwise it would be contrary to the provision of the Criminal Code of the Russian Federation “Principle of justice”, which requires taking into account the degree of committed socially dangerous crime and the identity of the perpetrator. It is reflected that since 2012 there has been a revival of “special relapse” in some corpus delicti (Articles 131, 264.1, etc.). In addition, we clarify that, in a certain sense, relapse can also include corpus delicti with administrative prejudice, but their reflection in the Special Part of the Criminal Code of the Russian Federation contradicts the concept of crime (Article 14 of the Criminal Code of the Russian Federation), but directly on administrative prejudice in the General Part of the Criminal Code of the Russian Federation domestic legislator did not mention anything. We note that in the current legislation it is necessary to return to the use of the term “relapsed criminal”, since it is precisely the number and categories of crimes that indicate the public danger of the identity of the perpetrator. We also denote that the relapse of crimes does not increase the degree of public danger of a particular crime, but testifies to the public danger of the identity of the perpetrator committing a certain act prohibited by criminal law.

U.S.-RUSSIA RELATIONS IN THE SPHERE OF CYBERSECURITY

Purpose: the purpose of the study is to critically evaluate US cyber security policy using a qualitative and comparative approach, the disadvantages that the country faces in the sphere of Cyber Security and identify what mechanisms and developments will Improve Cyber Security Policy to help overcome the challenges in response to Russian Cyberaggression. The methodological basis of the research comprises philosophical, ideological, general scientific and special methods. Results: cybercrime is recognized as the most threatening and dangerous crime of the 21st century, the more the consumer relies on information and communication technologies, the more cyber threats increase thus becoming greatest threat for countries national defense. Also there is lack of regulation in cyberwar that constitutes global threat. The author exemines the effectivness of the measures taken by the US and EU countries taken during or after the attacks. Discussion: improvement of the National Cyber defense strategy, search for actions to be taken while dealing with cyber attacks.

THE PROOF OF THE EVENT OF A FINANCIAL RESOURCES FRAUD IN THE BANKING SECTOR: PROBLEMATIC ISSUES

Financial resources fraud in the banking sector is a rather socially dangerous crime, as it causes significant damage to a single bank, the entire banking system of the state, and, in general, affects the stability of the state economy. Ukraine's statistical data indicate a low effectiveness of the prosecution of such crimes. Conducted by the authors interviewing and questionnaires of bank employees, borrowers and investigators shows a high latency of these crimes, because in many cases they are committed by organized criminal groups, which often include public individuals of financial institutions, and in some cases also employees of law enforcement and other supervisory bodies. Due to the social danger and prevalence of this crime, its timely detection, investigation and disclosure is one of the priority areas for investigators. The purpose of this article is to identify the problematic issues of proof of the event of a financial resources fraud in the banking sector and to suggest ways to resolve them, which is based on the results of the analysis of the current legislation, materials of practice and scientific sources on the topic of the study. In scientific research were applied general scientific and special methods of researching (system-structural, formal-logical (dogmatic), comparative, sociological, statistical). The criminal offense is a central element of the subject of evidence. In the proof of the events of financial resources fraud, the object and subject of a criminal offense, the method of committing a crime and the circumstances of its commission are important elements, which the authors analyze in the article. As a result of the research, the authors propose a list of twenty circumstances (questions) that should be established during the investigation to prove this crime.

A magyar nőmozgalmak erőfeszítései a leány és nőkereskedelem visszaszorítása érdekében a 20. század elején

By the middle of the 19th century, the social conflicts related to women’s status became intense since female rights remained unsettled. Concomitant phenomena, such as the hopeless situation of the servants and the phenomenon of prostitution increased to an alarming extent. Although, people already realized in the 18th Century that venereal diseases affected the health negatively, the number of the prostitutes increased significantly in the second part of the 19th Century. In spite of the fact that the regulation concerning the subject was prohibited early in the 19th Century, by the end of the Century, a whole industry developed around it. Not subject to question that white slave trade was the most dangerous crime among the ones linked with prostitution. Until 1908, the Hungarian Criminal Code did not order to punish this act at all and harlots were excluded from the protection provided by criminal law even after the modification of the law in 1908, because according to the actual public opinion, in the case of harlots, there were no values to defend. In the 20th Century, both women activists and the members of the International Agreement signed in Paris in 1910 were working hard to find a solution for the problem. It seems that the actual political power did not make any real efforts to change the situation and it stayed the same until the end of the studied era.

Effect Of Young Age in Murder Felony (Comparative Study Between Islamic Jurisprudence and Indonesian Law)

This research was a comparative study on the effect of young age in the crime of murder between Islamic jurisprudence and Indonesian law. The presence of children around us needs attention, especially with regard to their behavior, which is out of control. the phenomenon of their deviation is one of the negative social phenomenon which required protection, guidance and education. According to previous studies, children who deviated and were not controlled would become a criminal when he reaches adulthood. Nowadays, the children's delinquency is widely spread, they are involved in committing crimes such as drugs, theft, fighting, and increased to murder. This research will focus on the murder committed by under age children, because murder is a very dangerous crime to the indivdual life and is one of the law violation againts the five principles of shariah (daruriyat al khamsah).