Definition Of Crime Research Articles

Towards a definition of Mediterranean Noir or Crime in the Mediterranean: Mediterranean noir or Mediterranean crime fiction?

This article argues that Mediterranean crime fiction is not simply a subgenre that showcases criminal organisations and beautiful landscapes, but also a formulation that overcomes the exclusionary European borders, and makes the “parent” label Euronoir more inclusive. In order to prove this point, this article analyses Andrea Camilleri’s Il ladro di merendine (1996) and Jean Claude Izzo’s Total Khéops (1996) through the lens of transculturality (Welsch) and the idea of “third space” (Bhabha). It shows how, with their reference to a common Mediterranean culture and history, these novels shape transcultural spaces where human beings coexist and adapt to each other. Both novels make use of the concept of “homecoming” as a counter-narrative for the present anti-immigration rhetoric, and represent the Mediterranean as a Mare Nostrum which, according to Paolo Rumiz’s formulation, is a space shared by those who inhabit it, where inhabiting does not necessarily coincide with belonging or possession. In doing so, Il ladro di merendine and Total Khéops represent Mediterranean cities as places where the encounter supersides conflict, overcoming the exclusionary mechanisms of the nation-state.

On Meteors and Comets: Is the Crime of Ecocide Back to Stay?

Abstract Crimes against the environment affect fundamental values and collective interests shared by the international community as a whole. The ‘global’ nature of the protected interests and the erga omnes character of many international environmental obligations are the main arguments in favour of the international criminalisation of certain environmental harms. This paper offers a survey of the development of international law with regard to the legal definition and consequences of environmental crimes from the perspective of both the law of state responsibility and international criminal law, up to the latest definition of ecocide and the proposal for its inclusion in the Rome Statute as formulated by the Panel of Independent Experts convened by the Stop Ecocide Foundation. In so doing, the legal regime related to environmental crimes is also considered through the environmental ethics lens, so as to evidence the progressive evolution from an anthropocentric approach to the ecocentric view which characterises the new legal definition of the crime of ecocide.

Why Global North criminology fails to explain organized crime in Mexico

The prevailing definitions of organized crime and methodological approaches to studying it derive mainly from the Global North. However, an emergent body of literature suggests that organized crime in the Global South differs from organized crime in the Global North. Focusing on the case of Mexico, I argue that mainstream criminological theories’ inability to explain significant aspects of organized crime in that country stems from their underspecified scope. Mainstream theories analyse organized crime as a phenomenon that transpires in societies characterized by high levels of internal peace, rule of law and strong public institutions. In Mexico, a country that fails to adhere to these conditions, organized crime manifestations defy prevailing theoretical assumptions.

Towards digital organized crime and digital sociology of organized crime.

As technology has changed people’s lives, criminal phenomena are also constantly evolving. Today’s digital society is changing the activities of organized crime and organized crime groups. In the digital society, very different organized crime groups coexist with different organizational models: from online cybercrime to traditional organized crime groups to hybrid criminal groups in which humans and machines ‘collaborate’ in new and close ways in networks of human and non-human actors. These criminal groups commit very different organized crime activities, from the most technological to the most traditional, and move from online to offline. They use technology and interact with computers for a variety of purposes, and the distinction between the physical and virtual dimensions of organized crime is increasingly blurred. These radical developments do not seem to be accompanied by a new criminological theoretical interpretive framework, with a definition of organized crime that is able to account for the changes that digital society brings to organized crime and generate modern research hypotheses. This article proposes the concept of digital organized crime and the spectrum theory of digital organized crimes, to be embedded within a current, revised sociological theory of the organization of crime and deviance in digital society (a new theory of digital criminal organizing) and argues that the study of digital organized crime will increasingly require a digital sociology of organized crime. Criminologists are called upon to work in this direction.

Reassessing the concept and classification of war crimes in modern Law understending

War is inevitable, and its consequences devastating with lots of casualties and damages experienced. The purpose of the article is to study the concept and classification of war crimes. It has been emphasized that it is impossible to organize timely detection, effective pre-trial investigation and fair trial of war crimes cases without understanding the essence of the indicated illegal actions and the specifics of the mechanism of their commission. Analysis of the provisions of international legal acts, regulatory legal acts of Ukraine and foreign countries has been carried out. Those regulations define the concept of “war crimes”, their features and system. It has been found that there is no actual definition of war crimes in international criminal law, similar to the criminal law of Ukraine. It has been offered to understand war crimes as criminal offenses that encroach on the established procedure for performing active duty and are committed by members of the armed forces, conscripts and career reservists during reserve training, as well as their accomplices and other persons specified by law. It has been established that the criminalistics classification of war crimes allows us to form the appropriate forensic methods, to choose the right direction, means, tactics and investigation plan. The authors have accomplished criminalistics classification of war crimes according to a mixed criterion, which is stipulated by such criminal and forensic significant features of the indicated criminal offenses, as the characteristics of the offender’s personality, direction, situation and methods of commission.

Administrative data deficiencies plague understanding of the magnitude of rape-related crimes in Indian women and girls

BackgroundThis paper investigates trends in rape-related crimes against women and girls reported in the Indian administrative data from 2001 to 2018 to assess the burden of crime, describe sub-national variations, and highlight data gaps to address sexual violence effectively in India.MethodsData on five rape-related crimes were extracted from the annual reports of National Crimes Record Bureau (NCRB), and included assault with the intent to outrage modesty of woman, rape, insult to the modesty of women, attempt to commit rape, and murder with rape/gang-rape. Rates for all categories combined, and for each crime were estimated for women and girls for India and its states. Trends for type of offender for rape, mean number of people arrested, and legal status of the cases was also assessed.ResultsThe rate of all rape-related crime increased from 11.6 in 2001 to 19.8 in 2018 per 100,000 women and girls. Most of the 70.7% increase in rate between 2001 and 2018 was post 2012 following a gang-rape and murder case in India’s capital. The largest proportion of crimes was recorded as assault with the intent to outrage modesty of the woman, followed by rape. The cited offender in rape cases was for the majority a close known person (44·3%) or other known person (43·1%). By the end of 2018, only 9·6% of the cases had completed trials, with acquittals in 73% cases.ConclusionsThe wide variations in the yearly crime rates at state-level highlighted significant issues in data quality including under-reporting, non-comparability, possible bias in data reporting in NCRB, definition of rape-related crime in India, and access in reporting of crimes. Addressing barriers to reporting, improving quality and scope of administrative data recorded on sexual violence is urgently needed for India to meet SDG targets of eliminating all forms of violence against women and girls.

PROTOCOL: Mapping the scientific knowledge and approaches to defining and measuring hate crime, hate speech, and hate incidents.

The overallaim of the review is to map the definitions and measurement tools used to capture the whole spectrum of hate motivated behaviors, including hate crime, hate speech and hate incidents. This will benefit the field of hate studies by providing a baseline that can inform the building of cumulative knowledge and comparative research. The first review objective is to map definitions of hate crime, hate incidents, hate speech, and surrogate terms. Specific research questions underpinning this objective are: (a) How are hate crimes, hate speech and hate incidents defined in the academic, legal, policy, and programming literature?; (b) What are the concepts, parameters and criteria that qualify a behavior as being hate crime, hate incident or hate speech?; and (c) What are the most common concepts, parameters and criteria found across definitions? What are the differences between definitions and the elements they contain? The second review objective is to map the tools used to measure the prevalence of hate crime, hate incidents, hate speech, and surrogate terms. Specific research questions underpinning this objective are: (a) How are definitions operationalised to measure hate crimes, hate speech, and hate incidents?; and (b) How valid and reliable are these measures?

Организованная этническая преступность: оперативно-розыскная характеристика, тенденции, вопросы, требующие разрешения

The authors turn to the criminal intelligence perspective to analyze organized ethnic crime, its trends, patterns, and challenges as well as relevant practical approaches that law enforcement may use to counteract the unlawful phenomenon in question. Organized ethnic crime is discussed in terms of the sum of its features distinguishing it from the other types of organized crime. The authors demonstrate a demand to implement the legal definition of organized crime in order to enhance the law enforcement efficiency in counteracting the crime. The goal of the research is to define the features of the organized ethnic crime intelligence profile, analyze Russian and international legislation in the sphere of organized crime, and estimate the key focus of the prevention measures. The methods authors used involved dialectical and comparative approaches, description, formal and dialectical logic, and legal interpretation. Under current conditions, two of the main aims for the development of the organized crime counter-strategy and improvement of the efficiency of the fight against organized crime as a dangerous social phenomenon impinging the state stability are creating and implementing the definition of organized crime and adding greater punitive measures. Defining the features of organized ethnic crime, the authors consider the transnational connections, features of the organized criminal societies members, the structure of those organizations, their cast, international and internal links between the groups exposed during carrying out their illicit activities. Consequently the criminal intelligence analysis and conducted research suggest that rganized ethnic crime as an illicit social phenomenon has the following features: profit orientation; lack of ideological foundation for the criminal acts (religious background may be present); organized nature; inner structure; continuity of traditions; implementation of the material and authority resources in order to reach their goals, including blackmail, violence, and threats; control over a specific sphere of the business operations.

PROBLEMS REGARDING THE USE AND CONTROL OF SOCIAL MEDIA AS A PROPAGANDA TOOL IN CONTEXT OF DIGITAL DEMOCRACY

In the context of digital democracy, the use of social media for propaganda purposes causes control problems in terms of administrative units. Discussions on the control of social media, which is preferred due to advanced message transmission facilities, are stuck between democracy and security concerns. It can be said that the use of such channels by both legal and illegal organizations requires an audit. However, due to their foreign origin and global spread, the control of this field cannot be fully ensured. On the other hand, the fact that local law practices can suppress opposition blocks in favor of the governments makes this area problematic in terms of digital democracy. As a result of this qualitative analytical research conducted with the literature review method, it is seen that legal and illegal organizations use social media effectively to spread their messages within the framework of the concept of democratic rights. Meanwhile, acts incompatible with local law and social morality may occur. Since control mechanisms have a responsibility to establish and maintain social peace, these channels should be kept under control in terms of criminal acts. In a virtual environment where all geographies meet, where the definition of rights and crimes can change, it is inevitable that the supervisory bodies will be forced during the implementation of local legal rules. Despite this, it is essential to provide an audit that protects human rights within the criteria of democracy, justice and equity, encourages the formation of the public sphere, and guarantees organizational and individual freedoms.

Iran’s Arbitrary Detention of Foreign and Dual Nationals as Hostage-taking and Crimes Against Humanity

Abstract This article examines, within the frame of international criminal law, Iran’s arbitrary detention of foreign and dual nationals for leverage over the detainee’s (other) country of nationality. It provides an overview of Iran’s pattern of conduct since 2010, involving at least 66 victims, and analyses this in terms of hostage-taking and crimes against humanity. First, we argue that Iran’s pattern of conduct constitutes hostage-taking within the meaning of the International Convention Against the Taking of Hostages. This gives rise to Iran’s international responsibility for the breaches concerned and has important implications for victims’ and their loved ones’ perceptions of their experiences. Second, we assess the context elements of the definition of crimes against humanity as well as the gravity threshold and the compatibility of the pattern of conduct with the requisite elements of the relevant underlying offences: imprisonment or other severe deprivation of physical liberty, torture, and persecution. We conclude that the actions of certain Iranian officials reasonably satisfy the requirements for crimes against humanity. This is legally important for the application of crimes against humanity jurisprudence to this new context. It also opens avenues of accountability, given the aut dedere aut judicare provisions for crimes against humanity enacted by many states and the growth of sanctions legislation in several states. It should be difficult for responsible officials to travel outside Iran for fear of arrest and sanction.

Child Marriage or Statutory Rape? A Comparison of Law and Practice Across the United States

PurposeIn many U.S. states, children can legally marry at an earlier age than they can legally consent to sex, leading to situations in which sex between spouses may be a criminal act. Some states exempt sex between married persons from their definition of statutory rape, which may create perverse incentives for child marriage. We estimated the number of child marriages that violated statutory rape laws across the United States since January 1, 2000. MethodsWe created a longitudinal database of statutory rape laws in place from 2000 to 2020 in each state. Using data from marriage certificates filed in 44 states and Washington, DC, we compared the age of married spouses with the text of state-specific statutory rape laws in place at the time the marriages occurred. ResultsChild marriages violated statutory rape laws in 14 states. The proportion of child marriages that violated statutory rape laws varied from 1% to over 50%. In 33 states, some or all statutory rape laws exempted sex between married couples from the definition of crimes. In these states, the proportion of child marriages that would have been crimes, without these exemptions, varied from less than 1% to over 80%. ConclusionsOur results highlight the blurred legal and conceptual boundaries between child marriage and sexual violence. The simultaneous legality of child marriage and marital exemptions to statutory rape laws provide legal loopholes for sexual acts with children that would otherwise be considered crimes. Marital exemptions to statutory rape laws may also incentivize a substantial portion of child marriages.

Big Data Security Management Countermeasures in the Prevention and Control of Computer Network Crime

This paper aims to study the Countermeasures of big data security management in the prevention and control of computer network crime in the absence of relevant legislation and judicial practice. Starting from the concepts and definitions of computer crime and network crime, this paper puts forward the comparison matrix, investigation and statistics method and characteristic measure of computer crime. Through the methods of crime scene investigation, network investigation and network tracking, this paper studies the big data security management countermeasures in the prevention and control of computer network crime from the perspective of criminology. The experimental results show that the phenomenon of low age is serious, and the number of Teenagers Participating in network crime is on the rise. In all kinds of cases, criminals under the age of 35 account for more than 50%.

Dekada działalności Międzynarodowego Trybunału Karnego – sukcesy i porażki międzynarodowego wymiaru sprawiedliwości

The paper is focused on the activities of the International Criminal Court during the first decade that passed since its establishment. The author discusses questions of the first referrals, admissibility challenges, definition of crimes against humanity and principle of complementarity, suggesting necessary amendments to the works of the ICC.

Myanmar Military Forces Atrocities Against the Rohingya under International Criminal Law

The Rohingya, a Muslim ethnic minority group living in northern Rakhine State, Western Myanmar, are considered among the most persecuted minorities in the world. The Rohingya People have been subjected to a variety of significant violations and human rights abuses as a result of their lack of citizenship. They are victims of a series of massacres and inhumane treatment committed by Myanmar military forces, such murder, kidnapping, rape, force labour, torture, extrajudicial executions, restrictions on movements, forced eviction and house and land destruction. In the previous ten years, several crackdowns on the Rohingya people in Rakhine have caused them to flee to neighboring countries. This article examines the atrocities committed by Myanmar military forces against the Rohingya people under international law, notably from the standpoint of international criminal law definition of crimes against humanity

Cybercrime as a New Object of Statistical Analysis

A global trend in recent years is the so-called digitalization of crime, that is, the use of information technology as a means and instrument of crime. Remote methods of committing crimes have become widespread, in which direct contact is excluded not only between the offender and the victim, but also between the accomplices of illegal activities. The real damage from cybercrimes is currently difficult to calculate, while the number of these crimes is growing rapidly from year to year. This study analyzes the state and dynamics of crimes in the field of information technology, as well as identifies gaps in legislation, law enforcement practice and accounting in which information about crimes of this type is accumulated. Purpose of the research. The purpose of the research is to conduct a comprehensive analysis of the state and dynamics of crimes in the field of information technology. Within the framework of the article, it is necessary to give a definition of crimes in the field of information technology for the purpose of conducting static analysis, while distinguishing between identical concepts. Highlight the main types and methods of their commission, form the classification of crimes in the field of information technology and designate the criteria for their construction. Analyze the experience of foreign countries and the results of the operational activities of the economic security and anti-corruption units of the territorial internal affairs bodies and suggest measures to improve the efficiency of the work being done.Materials and methods. When writing the work, the author used the methods of mathematical statistics; methods of the general theory of statistics, namely, relative, absolute and average values, methods of synthesis and analysis. For visual display of statistical data, graphical and tabular methods of data visualization were used. The information and empirical base was compiled by data on crimes in this area of the Main Information and Analytical Center of the Ministry of Internal Affairs of Russia, the Judicial Department under the Supreme Court and the General Prosecutor’s Office of the Russian Federation.Results of the research. When writing the article, a quantitative assessment of the state of crime in the field of information technology was made, the main objects of attack by cybercriminals were identified; the most characteristic features and methods of committing crimes in the field of information technology were described. A statistical classification system for assessing the level of cybercrime is proposed. The effectiveness of the work carried out by law enforcement agencies to counter these criminal manifestations has been analyzed. Various ways of increasing the efficiency of the work of law enforcement agencies are proposed. When analyzing the law enforcement practice, a number of problems were identified related to the proof of crimes of this orientation, namely, insufficient interaction between law enforcement agencies, on the one hand, and financial institutions, telecommunication service providers, on the other hand.Conclusion. The author proposes ways to improve the quality of the verification measures to identify persons involved in the commission of crimes in the field of information technology, as well as to assess the effectiveness of economic security and anti-corruption units of territorial internal affairs bodies in identifying this category of crimes. These measures are not exhaustive; in order to increase the effectiveness of countering cybercriminals, it is necessary to apply a systematic approach aimed not only at improving the quality of the work of law enforcement and investigative agencies, improving the software system and material and technical equipment, but also improving information support of the banking sector, increasing bank response measures, and most importantly, the literacy of the population.

Novella XVII in the Light of Lex Iulia de Maiestate: Hilarius of Arles Case Study

The main focus of this paper is an analysis of Novella XVII issued by Valentinian III, with the aim of giving a general idea on the religious policy of the Emperors Theodosius II and Valentinian III. The edict titled De episcoporum ordinatione is a great example of a legislative act falling between ius sacrum and ius publicum. It shows a rather extraordinary imperial intervention provoked by a conflict between Pope Leo and Hilary, bishop of Arles. The latter was accused of various ignoble deeds which corresponded with some of the definitions of crime as described in Lex Iulia de Maiestate from the 1st century BC. Other deeds that Hilary was accused of, however, cannot really be understood as a public offence aimed at the Emperor or the State. Under the influence of Leo, Valentinian officially acknowledged the preeminence of the Church of Rome in the Western Empire, giving grounds for further emanation of the papal power.

METODIKA OTKRIVANJA KRIVIČNIH DELA RAČUNARSKOG KRIMINALITETA

Computer crime is characterized by an exceptional phenomenological diversity that complicates its unique and precise conceptual definition, and the permanent intensive development of computer technologies contributes to the constant expansion of its forms and poses increasing challenges to the authorities responsible for combating it. After a brief review of the concept and importance of criminology as a science, and criminological methodology as a branch of criminology, and the conceptual definition and basic characteristics of crime in general, and computer crime, the paper analyzes the most important aspects of crime detection methodology in this area. The conclusion is that the basic characteristics of computer crime, difficult detection, complicated proving and ineffective prevention certainly encourage potential perpetrators to make a decision on taking criminal acts in this area, which again indicates in which direction to move in order to eliminate difficulties in the methodology of detection and collection of evidence in criminal offenses of computer crime.

A Comparative Perspective on the Protection of Hate Crime Victims in the European Union

Hate crime victims involved in a criminal procedure experience difficulties that are different from problems encountered by other victims. In trying to meet the specific procedural needs of hate crime victims many EU Member States have introduced protective measures and services in criminal proceedings, but the adopted approaches are widely disparate. By reporting the results of an EU-wide comparative survey into hate crime victims within national criminal procedures the authors aim to: (1) make an inventory of the national (legal) definitions of hate crime and the protection measures available (on paper) for hate crime victims; and (2) critically discuss certain national choices, inter alia by juxtaposing the procedural measures to the procedural needs of hate crime victims to see if there are any lacunae from a victimological perspective. The authors conclude that the Member States should consider expanding their current corpus of protection measures in order to address some of the victims’ most urgent needs.

Objective Signs Act Done with Intent to Prevent Child Being Born Alive or To Cause It to Die After Birth: National and Indian Experiences

Abstract: The article analyzes the problems of qualification crime, connected with infanticide. the terms, used in formulation of crime under considering, which demands of unambiguous and luminous exposition are defined. this article illustrates the objective side of the crime structure and its facultative signs and their criminal legal significances belong to offence of infanticide , including the theoretical and practical problems of facultative signs of the objective side of the crime structure, which are specified in the criminal code of the republic of uzbekistan. in addition, proposals and recommendations for further improvement of the criminal legislation. also, in this article, the author analyzes offence of infanticide in national, foreign and Indian experiences. This article illustrates that the facultative signs of the objective side of the crime of offence of infanticide are specified in the Criminal Code as extenuating (qualifying) signs at the qualification of criminal offense and Objective signs of this crime consist in the unlawful deprivation life of a newborn child.On the objective side, the crime under article 99 of the criminal code of the Republic of Uzbekistan has a material structure. It can be committed either through action or inaction. A socially dangerous consequence must be in the necessary cause-and-effect relationship with the mother's act. Keywords: infanticide, criminal law, privileged formal element of a definition of crime, facultative signs of the objective side of the crime; the time, socially dangerous act; socially dangerous consequences; causal link

The emerging role of the EU as a primary normative actor in the EU Area of Criminal Justice

AbstractThis article explores the role and justifications for EU action in the EU Area of Criminal Justice, also relying on a comparison with the justifications for EU action in the internal market. It distinguishes between a role for the EU as a subsidiary policy actor and as a primary policy actor. By substantiating both models, the article illustrates how the model of the EU as a subsidiary policy actor has been challenged by legislative and judicial developments in the internal market and how these trends were particularly accentuated in the EU Area of Criminal Justice. The EU increasingly regulates areas of non‐cross‐border crime, as can be appreciated by the shape and the implementation of the competence to harmonise definitions of crimes. And the Court of Justice has unequivocally extended the application of EU criminal law, both substantive and procedural, to internal cases. The article argues that such developments, which build on pre‐existing trends in the internal market field, are inevitable in the EU Area of Criminal Justice due to the inherent fundamental rights' sensitive nature of criminal law. A subsidiary, piecemeal approach in criminal justice might safeguard national regulatory autonomy but is hardly affordable as it would challenge general principles of criminal law. Relying only on “legal cross‐borderness” as a criterion to justify EU definition of crimes would neglect the harm principle and the legal interest principle. Legal creativity that would stem from limiting EU intervention and safeguarding regulatory competition can be fostered by enlarging EU regulatory tools in this area codifying also decriminalisation competences. Moreover, limiting the application of EU criminal law to only cross‐border cases is at odds with the principle of legality in criminal matters and of equal treatment.