Definition Of Crime Research Articles

Crime in Ukraine in Conditions of Martial Law

The article examines criminality in Ukraine in conditions of martial law. It has been proven that crime is a social phenomenon that cannot exist outside the social environment because it manifests itself in crimes and criminal misdemeanors of a certain part of society’s members. Substantiated is opinion that crime with its ideology, dynamics, and geography causes globalization processes that change, improve or worsen people’s lives, their rights and freedoms, which are undoubtedly related to many objective and subjective factors of society development. An analysis of modern concepts presented in works of domestic scientists has been carried out. The author’s definition of crime in conditions of martial law has been formulated and its main features has been revealedKeywords: Administrative-Legal Aspect, Environmental Aspect, Decentralization, Customs Aspect, Public Authority, Local Self-Government, Social Aspect.

„Świadomy praw i obowiązków wynikających z założenia (drugiej) rodziny”… Analiza pragmatyczno-prawna bigamicznego aktu mowy

The purpose of this article is to conduct a pragmatic-legal analysis of a bigamy speech act. This act is a special kind of a perfomative speech event and the consequences it produces extend both on the criminal and civil law plane. The analysis will be carried out using two methodological layers - legal and linguistic. Within the first layer, the following theories developed in legal sciences will be explored: the theory of crime, the theory of marriage and the theory of bigamous crime. Within the linguistic methodology, the author will draw on the classical theory of speech acts developed by John Langshaw Austin. In the first part of the study, the author will undertake a comprehensive characterisation of the marriage vow as a specific legal act and a speech act. In the next part she will present a bigamous speech act as a type of a criminal act. Thanks to the interdisciplinary approach to the topic it will also be possible to make an attempt to develop the author’s definition of linguistic crimes, the executive act of which consists in verbalizing prohibited by law utterances in the presence of appropriate external circumstances. In the third part, the author will discuss the civil law consequences of a bigamous speech act. The work ends with a summary containing the most important conclusions from the conducted analyses.

Distorted Perceptions of Corporate Harm in Comparison to Crime

This paper poses a critical analysis of the Worker’s Compensation Act, providing a foundation for the argument that crime is a social construct and therefore, is incapable of considering various aspects of corporate harm. Worker’s Compensation Board Appeals are examined to demonstrate the limits of the current state of the Worker’s Compensation Act, pointing specifically to harms that originate from workplace fatalities, long-term illnesses, and threats to mental health. The overall argument contends that we should move away from the narrow scope of the current definition of crime and seek a harm-based approach that allows for the consideration of multiple harms, which are often obscured by the criminal justice system.

Economic crime in the new Kazakhstan – a comparative analysis of the criminal legislation of EAEU member states

Relevance. Economic criminal offences are a factor in slowing a country's development. The number of such crimes is growing rapidly around the world, and the methods of committing them are becoming increasingly sophisticated, which determines the relevance of establishing new methods of countering economic crime and reforming legislation in this area, including in the member states of the Eurasian Economic Union. Purpose. The purpose of this article is to explore the essence, characteristics and features of economic crime, as well as the grounds for criminal liability for economic crimes in the Eurasian Economic Union countries. Methodology. The methodological basis of the study was dialectical and comparative methods, case study, abstraction, methods of system-structural and logical analysis, methods of registration and ranking, method of generalisation, which allowed to clarify the concepts and characteristics of economic crime; to consider available definitions of economic crime and individual provisions of the regulatory framework of Eurasian Economic Union member states on the regulation of economic crime; to characterise the legal nature of economic crime; to analyse the main scientific and methodological developments in this area. Results. The types of economic crimes in the member states of the Eurasian Economic Union were compared; to compare types of economic crime in the Eurasian Economic Union member states; to identify current trends in economic crime within the Eurasian Economic Union; to find out the main advantages of each Eurasian Economic Union member state's national legislation to combat economic crime; to classify possible economic crimes; and to determine the number of economic crimes committed and record their rates in each Eurasian Economic Union state; to characterise the specifics of countering economic crime in the Eurasian Economic Union. Conclusions. The significance of the research results is to provide practical recommendations for improving the legal regulation of relations in the sphere of economic crime, as well as in the process of implementing policies and taking public management decisions in the field of countering economic crime in the Eurasian Economic Union states.

Насильницька статева злочинність в Україні: характеристика та міжнародний досвід

Annotation. The article examines the normative and legal characteristics of the concept of «violent sexual crime», studies the opinions of Ukrainian scientists regarding the problem of detecting violent sexual crime, and examines the statistical data of the Prosecutor General's Office regarding the frequency of this type of criminal offense. The foreign experience regarding the peculiarities of differentiation of violent sexual crime in the criminal legal acts of the Kingdom of Spain, the French Republic, and the Republic of Poland was analyzed. Violent sexual crime is considered as a multifaceted complex phenomenon that requires research from various aspects, such as: prevalence on the territory of the state, profile of victims and criminals, mechanisms of combating such crime. The current state of the legal context of criminal offenses against sexual freedom and personal integrity has been studied, in particular the definition of crimes, the establishment of criminal sanctions and the imposition of punishments on guilty persons in the current legislation of Ukraine. The main criminologically significant signs of violent sexual crimes are formulated, which can later become the basis for developing a strategy to combat violent sexual crime in Ukraine.

Crime of Aggression before Domestic Courts: Some Contemporary Challenges

Summary The article focuses on contemporary challenges concerning the domestic prosecution of the crime of aggression. These challenges have one common feature, that they deal with the scope of jurisdiction over crime of aggression at a domestic level. The author analyses applicability of jurisdictional immunity (based on the principle pars in parem non habet iurisdictionem), immunity of State officials, both personal (ratione personae) and material (ratione materiae), and finally also the availability of universal jurisdiction in relation to the crime of aggression. The contribution is built on the presumption that even though each category of crimes under international law has its unique characteristics, they all share some common definitional features, reflected among else in the famous Cassese’s definition of crime under international law. The author argues that all crimes under international law are to be treated uniformly as much as possible, and therefore – relatedly – there should not be any unsubstantiated differences in standing of the crime of aggression comparing to standing of remaining categories of crimes under international law.

Human Rights and Criminology: A Necessary Discussion

This article aims to make visible the importance of integrating Human Rights into criminological studies. For its realization and development, it was based on a perspective rooted in Costa Rica in 2023. The paper applied the documentary analysis method and selected texts with criminological content related to the subject of study. The methodology was based on the phenomenological paradigm, which allowed for a qualitative theoretical exposition. Likewise, it critically analyzed criminology as a science that integrates interdisciplinary knowledge to comprehensively address delinquency and penitentiary issues. Its main result was the contribution of its unique definition of crime.

Crimes of the powerful in Latin America and the Caribbean: Toward a research agenda

AbstractThe scholarship on crimes of the powerful encompasses a critical examination of social harms, and crimes perpetrated by privately or publicly operated businesses and corporations, the state, international organizations, elites, as well as the state‐mediated administrative and political responses to these crimes. Going beyond state‐centric definitions of crime and deviance, this scholarship emphasizes studying power and the harmful and criminogenic operations of the neoliberal‐capitalism. However, this scholarship has overlooked the systemic examination of these crimes in the Global South, Latin America and the Caribbean, and their impact on racialized, gendered, and other marginalized communities. This article aims to contribute to this scholarship by providing an overview of the current developments in the scholarship on crimes of the powerful and proposing some future research areas for Latin America and the Caribbean. Thus, the article aims to demonstrate that the Latin American and Caribbean experiences with crimes of the powerful can expand our understanding of the social harms generated by powerful organizations and actors and magnify the analytical and methodological reach of this critical scholarship.

The fourth dimension: Time between crimes and impact on behavioral change in violent serial crime

While the time dimension is part of the definition of serial crime, little attention has been given to understanding offending timelines and the impact of patterns of shorter or longer delays between crimes on the evolution of series on the ability to link crimes. Given the scarcity of research focusing on the timelines of serial offenders, the current study aimed to (1) determine whether series can be classified based on their timeline trajectories (e.g., progressively shorter intervals or progressively longer), and (2) determine whether these timeline trajectories correlate with trajectories of behavioral consistency and change across series. Data included 43 homicide series encompassing 216 crime scenes. Trajectories were determined based on whether intervals increased, decreased, or remained consistent across series, and whether timeline trajectories and behavioral trajectories align. Results revealed that distinct timeline trajectories can reliably distinguish between series. Results also suggested a complex interaction between time between crimes and how this relates to behavioral consistency and change trajectories, thus, suggesting that time is a useful, but potentially separate dimension in the linkage process.

Legal Aspects in Handling Criminal Acts in the 2019 Election

This research meticulously examines the legal framework and the procedures involved in addressing election crimes in Indonesia, as outlined in Law No. 7 of 2017, and evaluates the effectiveness of Sentra Gakkumdu, a pivotal coordination forum in the electoral crime enforcement process. The primary objective is to dissect and analyze the legal intricacies and practical challenges in enforcing laws against election crimes, with a spotlight on the ambiguities and potential conflicts within the current system. Through normative legal research methodology, the study delves into the statutory regulations and engages with various primary, secondary, and tertiary legal materials to construct a comprehensive understanding of the election crime handling procedures. It highlights the absence of clear election crime definitions, identifies several weaknesses in Law No. 7 of 2017, and critiques the ambiguous role and limited effectiveness of Sentra Gakkumdu. The paper concludes by calling for significant improvements and clarifications in the existing legal frameworks to ensure fair, efficient, and effective handling of election crimes, thereby bolstering public confidence in the electoral process and upholding the principles of legal certainty and justice in the realm of Indonesian elections.

Peranan Polisi Republik Indonesia dalam Pemberantasan Praktik Illegal Fishing di Wilayah Perairan Indonesia

Coral reefs owned by the State of Indonesia are approximately 7000 km2 with 480 species of coral that have been successfully described and have a diversity of fish around 1,650 species of fish. Foreign fishermen who often enter Indonesian territorial waters, among others, come from Thailand, Vietnam, the Philippines, and Malaysia. Natuna waters, North Sulawesi waters are the most vulnerable area to illegal fishing activities. The vulnerability of Indonesian waters from illegal fishing activities, in addition to the fact that the water area contains the potential for large fishery resources, also because the geographical position of the Indonesian territorial waters is in international waters so that it is very open to the possibility of foreign fishermen entering Indonesian waters and fishing illegally. Illegal fishing activities still occur in Indonesian waters, despite various efforts to overcome them by the Indonesian government. This cross-border illegal activity is not only a problem for Indonesia, but also an interstate problem considering that the perpetrators and activities are transnational, and therefore, the handling must also be carried out cross-country, especially through bilateral cooperation with neighboring countries in the region where fishermen often enter Indonesian territorial waters illegally. Illegal fishing has become a global concern because this illegal activity has taken place in various regions and is considered to threaten the existence and sustainability of global marine fisheries resources if not handled seriously by the international community. In the study of international relations, illegal fishing can be categorized as a form of transnational crime, because in these illegal activities contained several aspects as included in the definition of transnational crime.

Relationship Between Childhood Traumas and Criminal Behaviors

This paper reviewed several papers discussing the relationship between childhood trauma and criminal behaviors. The definition and categorization of traumas and crimes, the commonness of child abuse, the sequential behaviors of criminals, and the psychological and environmental factors of crimes will be covered in this paper. The limitation and strengths of the reviewed studies are contained. This paper aims to investigate the causes of criminal behaviors by analyzing childhood traumas from different aspects. Physical, sexual, psychological, neglect, and other abuses from the community and family in childhood years occur more commonly in the criminal population, compared to the general public, and affect later criminal behaviors in type and amount. Society should raise awareness of child abuse to diminish the number of crimes.

PRAVNI OKVIR ZAŠTITE OD VISOKOTEHNOLOŠKOG KRIMINALA U BOSNI I HERCEGOVINI – analiza strateških ciljeva i mogućnost usklađivanja sa evropskom strategijom sajber bezbednosti

The topic of this paper is the legal framework for protection against high-tech crime in Bosnia and Herzegovina, with an analysis of strategic goals and the possibility of alignment with the EU Cyber Security Strategy for the Digital Decade, which was adopted the year before last. The paper provides a conceptual definition of high-tech crime and cyber security, as well as their basic characteristics. Then, in brief, the legal framework of protection against high-tech crime in Bosnia and Herzegovina was analyzed. When it comes to the EU Cyber Security Strategy for the Digital Decade, the most significant parts of it are interpreted in the continuation of the work, especially those that could have application significance for Bosnia and Herzegovina. Based on the above, appropriate recommendations were given in the final deliberations for the improvement of the legal and strategic framework of cyber security in BiH.

Aggression (crime against peace) in international public and criminal law

In the last two centuries, the world and humanity have changed more than ever. The rapid development of technology, but also socio-humanistic and political thought has led to a completely different perception of the world by people. The desire to spread influence, aided by technological development, has pushed the great powers into the bloodiest armed conflicts the world has ever seen. After the end of the First and Second World Wars, it proved necessary not only to sanction the leaders of the idea of aggressive war, but also to sanction the insult to the independence of countries through the armed attack. In this regard, the international community has approached a more detailed definition of the concept of aggression and crimes against peace (crime of aggression) and the establishment of appropriate mechanisms with the aim of preventing armed conflicts, stopping them and promoting peaceful settlement of international disputes. It is this idea that is the subject of the text that follows. The author wants to make his modest contribution to legal science in terms of analysis of the concept of aggression in international law (primarily in international public law), but also the definition and elements of (international) crime – crime against peace (aggression) in international criminal law. In addition to explaining and clarifying the content of the concept of aggression, the author will analyze this international crime contained in international documents, present the jurisdiction of the International Criminal Court in relation to aggression, and explain the position and role of the United Nations in preventing armed conflict and peace. Finally, a critical analysis of all the above, the author will present the advantages and disadvantages of mechanisms for preventing armed conflict and punishing perpetrators of international crimes against peace through the prism of the amendment to the Rome Statute of the ICC.

BEYOND CONVENTIONAL BOUNDARIES

According to conventional wisdom, organized criminal activity is perpetrated primarily by non‐state, private actors who are occasionally [or not] protected by corrupt government officials. From this perspective, a hard distinction is made between those who provide protection to criminals (e.g., politicians or law enforcement officials) and the criminals themselves (e.g., smugglers or producers of counterfeit goods). It further treats the involvement of state‐affiliated actors as a by‐product of corruption in public office, rather than, in some places, a feature of it. This article builds on emerging evidence that state representatives play a far more direct role in supervising, organizing and sometimes managing crime than assumed in the majority of the literature. It shows that there are inherent theoretical, policy‐level biases that misguide the analytical thinking about organized crime in the Global South, and argues that there is a need to reconsider existing approaches to develop more accommodative definitions of organized crime.

PTSD, subsequent violence, and increased focus on trauma-informed care

PTSD, subsequent violence, and increased focus on trauma-informed care

VIDEO RECORDING AS EVIDENCE OF VIOLENT CRIMES IN A CRIMINAL PROCEEDING AND ITS NEGATIVE IMPACT ON THE JUDGE DURING ITS INVESTIGATION IN TRIAL

According to statistical data dated 2022, in Ukraine the majority of indictments sent to court involve signs of violent crimes. Therefore, judges working in general jurisdiction courts are almost daily confronted with case materials containing evidence of violence perpetrated by the accused against the victims. During examination of video recordings as evidence of violent crimes in trial, judges are directly exposed to witnessing such acts of violence, which in turn has a negative impact on their psychological state. This negative influence manifests itself in traumatic or prolonged traumatic stress, which can transform into post-traumatic stress disorder (PTSD).
 Despite a considerable number of research papers devoted to the definition of violent crimes and the role of video recordings in the system of evidence in the current Criminal Procedure Code of Ukraine, it is necessary to admit that the legal literature does not sufficiently address the issue of the negative impact on judges of the examination of video evidence of violent crimes during court proceedings and the ways in which such impact manifests itself.
 The Article Aim is to analyze the phenomenon of violent crime in Ukraine, the use of video recordings as evidence in criminal proceedings, negative effects endured by judges when examining video evidence of violent crimes, identifying signs of traumatic impact on judges during such examination, analyzing the role of psychological preparation for judge candidates during specialized training and for judges while advanced training at the National School of Judges of Ukraine, and presenting my own perspective on means of preventing and addressing stress among judges.
 It has been demonstrated that close contact with human suffering during performance of judicial duties has a significant traumatic impact on judges, and examination of video recordings of acts of violence creates the highest emotional attachment to such violence in contrast to other types of evidence, thus undoubtedly contributing to workplace psychological trauma in the digital age. In turn, video recordings in the framework of the domestic criminal legislation are considered as documents, and therefore they must be examined by judges directly in trial, in compliance with provisions of the current Criminal Procedure Code of Ukraine.
 It has been established that tools for managing psychological state are provided to future judges during their professional psychological training at the National School of Judges of Ukraine and can be further supplemented through advanced training. However, considering that the issue of judges’ psychological well-being, their awareness of self-control of their own psychological state, stress management, and post-traumatic stress disorder currently receive insufficient attention, effective means of institutional support have been proposed: personal leave (days of “mental health”); provision of assistance through closed, confidential counseling; conducting trainings or seminars on types of traumatizing evidence; provision of education and sufficient information about signs and symptoms of traumatic stress, prolonged traumatic stress, and PTSD; developing healthy strategies for coping with such conditions; holding trainings for the staff to maintain a healthy work environment; developing an informal support network. In addition, emphasis is placed on personal responsibility of judges for their own psychological well-being. What is more, recommendations on acknowledging stress as an atypical phenomenon as well as methods for self-regulation of psychological state are provided.

The Conundrum of Defining and Prosecuting Terrorism: A Review of United Kingdom and International Reponses

Terrorism presents one the biggest criminal justice postmodern challenges worldwide. The way criminal justice systems proact and react to mitigate and prevent such criminality raises a plethora of legal, socio-political, and strategic hurdles relating to how terror crime is defined, the human rights of the accused, protecting due process when using secret courts, the use of special advocates, the use of national security courts, civil rights i.e., freedom of association, cross-jurisdictional information sharing, and the requirement or right to prosecute etc. In this article, which is influenced by criminological theory, the definition of terror crime in the United Kingdom and at an International level is examined to ascertain whether common definitional elements exist, and the complex and competing local and International interests that are being balanced in preventing and/or prosecuting such crime.

A study on predicting crime rates through machine learning and data mining using text

Abstract Crime is a threat to any nation’s security administration and jurisdiction. Therefore, crime analysis becomes increasingly important because it assigns the time and place based on the collected spatial and temporal data. However, old techniques, such as paperwork, investigative judges, and statistical analysis, are not efficient enough to predict the accurate time and location where the crime had taken place. But when machine learning and data mining methods were deployed in crime analysis, crime analysis and predication accuracy increased dramatically. In this study, various types of criminal analysis and prediction using several machine learning and data mining techniques, based on the percentage of an accuracy measure of the previous work, are surveyed and introduced, with the aim of producing a concise review of using these algorithms in crime prediction. It is expected that this review study will be helpful for presenting such techniques to crime researchers in addition to supporting future research to develop these techniques for crime analysis by presenting some crime definition, prediction systems challenges and classifications with a comparative study. It was proved though literature, that supervised learning approaches were used in more studies for crime prediction than other approaches, and Logistic Regression is the most powerful method in predicting crime.

ВОЄННІ ТА ВІЙСЬКОВІ ЗЛОЧИНИ В КРИМІНАЛЬНОМУ ПРАВІ УКРАЇНИ: ОСОБЛИВОСТІ ТА СПІВСТАВЛЕННЯ З МІЖНАРОДНИМ КРИМІНАЛЬНИМ ПРАВОМ ТА ЗАРУБІЖНИМ ЗАКОНОДАВСТВОМ

The study deals with the conceptual and categorical apparatus of the field of criminal law, which relates to military and war crimes. It is noted that the concept of a war crime became enshrined in international legal acts relatively recently, namely in 1945 in the Statute of the Nuremberg Tribunal, but certain rules related to the prevention of war crimes existed from the time of the ancient slave-owning states of civilizations. The main norms regarding war crimes in the first modern sense of the codified act on the rules of war, the status of war victims, the rules of hostilities, namely the Liber Code of 1863, are given. Attention is focused on the Rome Statute of the International Criminal Court of 1998, where war crimes are defined as gross violations of the Geneva Conventions of August 12, 1949, as well as 26 other serious violations of the laws and customs of war, most of which have been considered crimes by states since the Second World War. Definitions of war crimes by various Ukrainian researchers are given: M. Piddubna, V. Repetsky, V. Lysyk, and others. The article points to the normative consolidation and definition of military criminal offenses and norms on war crimes in the Ukrainian national legislation. The foreign national legislation of Taiwan, the USA, and Poland regarding the regulation of the issue of military and war crimes is also analyzed. In conclusion, the main differences between war crimes and war crimes are given. It is also summarized that in democratic liberal legal states, different approaches to the regulation of offenses committed by military personnel during their service, that is, regarding war crimes, have developed. In English-language law, you can find the use of the terms "military crime" (as war crimes) and "war crime" (war crime). Punishment for war crimes can be defined as in the United States, where there is a separate Code dedicated to the offenses of military personnel of the US Army and the National Guard, which at the same time has its own military justice system.