Domestic Crimes Research Articles

사회보장적 의미에서의 범죄피해자보호

The most fundamental question in crime victim support is the basis and limitations of crime victim support. It is a question of how far the protection of crime victims will be possible in terms of practical support and intervention in addition to the guarantee of rights in criminal proceedings. If support for crime victims starts with the incomplete fulfillment of the state's crime prevention responsibilities, state intervention will be sufficient to return to the pre-crime state. However, if this is approached in terms of social security or social welfare, the living condition as a more complete and normal member of society should be guaranteed, but if it is approached in terms of crime victim relief, national intervention will always be limited to secondary intervention based on the principle of supplementation.
 In other words, depending on what ideology the state approaches crime victims with, the method or limit of national intervention in crime victims will differ in its direction. This is expected to have a great influence on the 4th Basic Plan for Crime Victims.
 Until recently, the most discussed categories are areas where it is difficult to set limits on the state's role, such as the scope of rescue for foreigners affected by crime in Korea, the possibility of rescue for domestic victims, intervention for victims of negligence, and recognition of indirect victims of non-crime victims. In this regard, the 4th Basic Plan already includes the expansion of the structure of victims of negligence resulting in death, domestic crime victims abroad, and domestic foreign crime victims. However, in that this is a basic plan, to what extent it will be realized is also a matter of future policy decisions.
 First of all, it would be liked to approach the extent to which crime victim protection will be possible from the perspective of social security and solidarity.
 It is necessary to organize the terms, and to examine specifically what the nation can help by organizing terms that are conceptualized as the basis for national intervention such as guarantee, welfare, compensation, relief and protection. And then would like to examine whether access to intervention in crime victims can be made in terms of community solidarity, and analyze the difference in crime victim protection based on existing theories and social security theories and principles of solidarity.

Legal regulation of counteraction to domestic violence in Russia and Germany: comparative analysis

The subject. The article considers a study of regulation of countering domestic violence in Russia and Germany. The author investigates the draft of Russian federal law "On the prevention of domestic crimes" No. 1183390-6 and the law of Germany "On civil protection from acts of violence and persecution" as well as federal and lands’ legislation in this sphere. Purpose of the study. The comparative study aims to identify the reasons for the draft’s unviability in Russian Federation, in particular, and to search for legislative opportunities to solve the domestic crime’s problems in Russia, in general.Methodology. The article is based on the comparative legal method. Due to this method, the article describes the legal protections against domestic violence in Russia and Germany (at the level of the federation and states), the advantages and disadvantages of each system.The main results. The legal measures in Germany as well as the draft federal law in the Russian Federation contain protective measures that can be applied by police and court. The main feature of German measures from Russian ones is the possibility of temporary violator’s ejection from the occupied housing by issuing a judicial or police order. The simplicity of the procedure allows а victim to receive effective help at any time, even at night and on non-working days. The article analyses the allowability of these measures to the offender from the point of view of basic rights’ interference; notes the position of the Federal Constitutional Court of Germany about the police order on temporary eviction: the residence ejection is allowable only when the measure aims at preventing criminal acts. The article draws attention to the technique’ defects of the Russian draft federal law "On the prevention of domestic crimes" No. 1183390-6, which require correction in order to improve the domestic violence’ counteraction in Russia.Сonclusions. It is concluded that in the Russian Federation it is necessary to differentiate heterogeneous phenomena in the law, such as victim’s protection from domestic violence and preventive family relationships’ measures, unreasonably mixed together in the draft federal law "On the prevention of domestic crimes" No. 1183390-6. Besides the law about victim’s protection from acts of violence and persecution should include significant consequences exactly for the violator. In this regard, the German multi-level protection system consisting of police protective measures, preliminary judicial measures as well as judicial measures can be applied. German practice makes it possible to react quickly to an act of domestic violence and provide the necessary victim’s support. The experience of applying the police order on the temporary eviction in Germany as well as violator rights’ interference may be appropriate for use in Russia.

BUDGET MANAGEMENT FOR THE NON-PROFIT ORGANIZATION

Non-profit organizations rely on effective financial management that enables the leadership and the workforce to use the funds to the advantage of the population in need. Since non-profit organizations cannot generate substantial revenues without the support of the government, individual donors, and/or the community, all resources must be allocated and distributed to achieve benefits and outweigh the costs. In other words, the budget of the proposed program on domestic violence must address all needs and meet social outcomes to undergo substantial improvements, such as decreased time in jail and reduced number of domestic crimes. For example, creating a domestic violence program should focus on providing education to prevent people from resorting to violence in domestic conflict resolution. It is anticipated that the program would help the community to witness a decrease in violent domestic crimes and time in jail for domestic violence-related crimes.

범죄 현상에 대한 사회구조요인의 영향 연구

As crime began to be viewed as a social structural problem, away from the perspective of limited in individual propensity, criminology of perspective began to develop to prevent crime at the social level. In the case of these social structural characteristics, they change according to time and environment, and the influencing factors disappear or are newly revealed, so research needs to be continuously conducted according to the temporal and spatial flow. Despite the characteristics of social phenomena that require simultaneous consideration of spatio-temporal characteristics, domestic crime research tends to focus on spatial characteristics. Of course, in recent years, a method of explaining a crime phenomenon by simultaneously considering spatio-temporal characteristics has been attempted, but it is still insufficient. Therefore, this study aims to examine the effect of social disintegration factors on crime occurrence by securing data related to the social structure of the KOSIS and data on crime statistics of the National Police Agency from 2015 to 2020. Furthermore, juvenile crimes often show different influencing factors from adult crimes due to their timing characteristics, so we tried to examine their characteristics compared to all crimes.
 As a result of the study, it was confirmed that housing instability, ethnic heterogeneity, and female householder ratio in Korea affect crime, and in the case of juvenile crime, there was no effect of social dissolution factors, and the ratio of row/multi-family houses had a significant effect.

Child Trafficking Victim Protection in the United Arab Emirates Legislation from the Perspective of Islamic Jurisprudence

This study examines the model of protecting victims of child trafficking in the UAE from the perspective of Islamic jurisprudence, through research, analysis, and legal texts in UAE law related to human trafficking crimes, and through research on Sharia provisions in Islam. This study aims to examine the protection model for victims of child trafficking in the UAE legislation and Islamic jurisprudence, analyze the effects of the phenomenon of child trafficking, and evaluate the model for protecting victims of child trafficking in the UAE from the perspective of Islamic jurisprudence. To achieve these objectives, the researcher applies the descriptive-analytical method. The study concludes that the crime of child trafficking is not a domestic crime in the United Arab Emirates, but rather a crime with an international and global dimension The United Arab Emirates is a catalyst for the crime of human trafficking as a result of its high degree of safety, the multiplicity of nationalities inhabiting it and suffering from poverty in their countries of origin .The spread of poverty, unemployment, the desire to get rich quickly, the weakness of moral and religious scruples, and the lack of censorship on websites are among the most important reasons for the spread of the crime of child trafficking .Despite the various intensive efforts to combat this crime, following the instructions of the Islamic Sharia, which laid down provisions and texts that meet the protection of human beings in all aspects of life from inception to death, the rate of human trafficking cases in the United Arab Emirates is constantly increasing .The most important recommendations of the study are the need for government legal authorities to make greater efforts to organize and follow up the residency and nationalities of foreigners, especially children, as they are closely related to the crime of human trafficking.

AN ASSESSMENT OF DOMESTIC CRIMES IN DAVAO CITY, PHILIPPINES

This study aims to assess the trend of domestic crimes reported in Davao City. The study followed the quantitative research method and utilized secondary domestic/criminal violence data collected by the Davao City Police Office (DCPO). Descriptive statistics, trend analysis, and percentage change were used to analyze the data gathered. Results revealed that theft attained the highest incidence among the domestic crime cases as reported in the Davao City Police Office in 2017, 2018, and 2019 but was dislodged by rape in 2020. Meanwhile, the number of crimes reported in Davao City has decreased over four years. Implications of the findings were discussed.<p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/edu_01/0124/a.php" alt="Hit counter" /></p>

Figli/e orfani/e per femminicidio e famiglie affidatarie. Il ruolo educativo del tutor familiare nel complesso intreccio tra traumi, diritti e bisogni di sviluppo

Bereavement for mother’s death, by father, or, in any case, murdered by their agent of fatherly care, is a trauma that, for children and adolescents, risks to become insurmountable, unless specific interventions are activated, both at personal support level, and concerning life contexts, where they are placed. In particular, foster families find themselves in the situation of managing a complexity of sorrows and traumas, requiring a great capacity of relational models’ re-elaboration and of new situation’s handling. In this purpose, we consider it as fundamental to form a specific socio-educative professional figure, with interdisciplinary competences, with the role of family tutor, able to support and to accompany children, adolescents and family system. A highly specialised profile, dealing with bereavement handling and elaboration, with work of support and able to create the conditions for a significant undertaking into care, by the multi-professional team, and to make effective and operational the guarantees defined, in Italy, by Law n. 4/2018, for orphaned children and adolescents, due to domestic crimes and for foster families.

CRIMINOLOGICAL CHARACTERISTICS OF THE PERSONALITY OF THE PERSON WHO COMMITTED A CRIME IN THE FAMILY

This scientific article deals with the issues of criminological characteristics of the personality of a person who has committed a crime in the family. In addition, in the study of the criminological characteristics of the personality of a person who has committed family and domestic crimes, we are of the opinion that it is inappropriate to single out the general concept of "the personality of the offender", and based on the analysis of the results of scientific research, appropriate recommendations have been developed.

On the need to develop a unified approach to the content of the criminal procedural definition of "close relatives" in the regulation of legal relations in the Russian Federation related to the investigation of domestic crimes

The article is devoted to the problem of legal definition of the concepts of close relatives, close persons and family members of a citizen. Inconsistencies between the norms of the Constitution of the Russian Federation and the norms of family legislation in relation to the criminal procedural category "close relatives", which ensures the provision of witness immunity in criminal proceedings. It discusses controversial issues about the circle of close relatives who have the right not to testify as witnesses. The essence of this socio-legal status is revealed, the circle of persons forming it is established, the positive and negative sides of the existing definitions and formulations of "close relatives" are considered.The scientific novelty lies, first of all, in the fact that in the presented article the norms of criminal procedure, civil and family law regulating relations of kinship, matrimony, as well as the procedure and problems of their application in criminal proceedings were considered. Paragraph 4 of Article 5 of the Criminal Procedure Code of the Russian Federation refers to spouses as close relatives, but Article 14 of the Family Code of the Russian Federation does not consider them as such. The analysis of family law allows us to conclude that kinship is possible only by "blood" (the exception is the institution of adoption). For this reason, spouses cannot be close relatives and they are in a marital relationship to each other. The proposals on amendments and additions to the Criminal Procedure Code of the Russian Federation are formulated, which will improve the domestic criminal procedure legislation within the framework of developing a unified approach to the content of the definition of "close relatives".

МЕЖДУНАРОДНЫЙ ОПЫТ КООРДИНАЦИИ ДЕЙСТВИЙ ПРАВООХРАНИТЕЛЬНЫХ ОРГАНОВ

The article researched international experience in coordinating the action of law enforcement agencies in modern international law. It is stated that, enforcement agencies are those institutions that enforce the laws, including election-related laws. Enforcement аs an important integrity mechanism as it deters those who might be interested in subverting the system as well as identifies and punishes those who have broken the law. The responsibilities for enforcing laws and codes are usually divided among different agencies, depending on the nature and severity of the problem. Initial investigations may start with the oversight agency, but can be referred to an enforcement agency if it was determined that legal enforcement was required. For example, potential criminal cases uncovered during a routine audit can be referred to the justice system. If the prosecuting authorities decide to pursue the case, they could charge and prosecute the alleged perpetrator, with a court pronouncing sentence if the defendant were found guilty. Jurisdictionally, there can be an important difference between international law enforcement agencies and multinational law enforcement agencies, even though both are often referred to as «international», even in official documents Effective enforcement requires a functioning legal system and a respect for the rule of law. An important factor in maintaining integrity in enforcement is the independence of the judiciary, as justice is supposed to be administered fairly, equally and impartially. The prevention, investigation and cessation of international and many domestic crimes, as well as the prosecution of those responsible for their commission, are not it is always possible alone, without the help of other states and international organizations. Achieving this goal requires states not only to proclaim unilateral declarations of intent, participation in the signing international treaties and the activities of international institutions, but also the actual implementation of joint and agreed activities aimed at combating transnational and domestic organized crime.

EXAMINING THE EFFECTS OF COVID-19 CURTAILMENT MEASURES ON CRIMINAL ACTIVITIES IN SOUTHERN NIGERIA

COVID-19 ushered in a new pattern of social living as governments across the globe sought out ways to contain the spread of the viral pandemic. Notable among the measures adopted by the government of Nigeria is the lockdown policy. Following the Routine Activities theory, this study examined criminal victimization in Nigeria during the period of COVID-19 pandemic using a qualitative approach. Findings indicate that criminal victimization lessened at the onset of the lockdown measure; however, trends in criminal victimization kept oscillating as the lockdown persisted. The pattern of crime found to be prevalent are human right abuses by law enforcement agents, domestic crimes, white collar crime and pen robbery such as mismanagement of funds donated by well spirited individuals and corporate bodies by some government agents, profiteering and advanced fee fraud amongst others. We also found that following the changes in social living, corruption became rife in Nigeria. The study concludes that there is need for implementation of community policing in Nigeria as the bulk of policing returned to the people during the pandemic period.

Domestic crime in Russia: structure, state, dynamics

Domestic crime in Russia: structure, state, dynamics

Potential Benefits and Limitations of the New Human Rights Indicators for the Convention on the Rights of People with Disabilities

The United Nations adopted the Convention on the Rights of People with Disabilities (CRPD) in 2006 to encourage the development of international and domestic legal protections for people with disabilities. Over the past sixteen years, 184 countries have ratified the CRPD, and more than one hundred countries have submitted their country reports to the CRPD Committee for review. The Office of the High Commissioner for Human Rights (OHCHR) recently released a set of human rights indicators to measure states parties’ progress toward compliance with the CRPD. This essay discusses the potential benefits and limitations of the new CRPD Indicators. Despite their limitations, the CRPD Indicators may become an important catalyst for states parties’ compliance with the CRPD as well as a way to substantiate claims of violations of international, regional, and domestic law and crimes against humanity, such as those discussed in the lead article, Disability, Human Rights Violations, and Crimes Against Humanity.

Retrospective analysis of the system of socio-pedagogical prevention of criminal behavior of minors in Japan

A retrospective analysis of the problem of prevention of criminal behavior of minors in Japan has been carried out. The relevance of the study lies in the fact that in many countries of the world and in Russia, in particular, the criminal behavior of minors remains a serious problem. The choice of Japan for the study is due, firstly, to its proximity to Russia in terms of combining the features of the “eastern” and “western” culture within the country, and secondly, the status of Japan as a state with one of the lowest juvenile crime rates in the world. On this basis, the experience of organizing the prevention of criminal behavior of minors in Japan is valuable and in demand for the domestic crime prevention system. The research uses the following methods: analysis and synthesis, induction and deduction, analogy, generalization. Japanese society has always been built on a special sense of collectivism, a strict hierarchy of relationships (including within the family), unquestioning subordination of “younger” to “older”, which had a deterrent preventive effect on adolescents, “protecting” them from committing criminal acts. Based on the results of the retrospective analysis, conclusions are drawn about the causes and main trends of juvenile delinquency in Japan at various stages of the formation of this state, as well as about the features of the development of the system of prevention of this negative social phenomenon, which can be useful for improving the activities of subjects of juvenile delinquency prevention in modern Russia.

A genderbased analysis of multidimensional poverty in rural Odisha

This study, the first of its kind, is undertaken with the basic objective of assessing the status and determinants of multidimensional poverty across gender in rural areas of Jagatsinghpur district of Odisha and thus justifies the novelty of the study.365 females and 459 malesacross 338 households in the age group of 18 years and older, selected randomly, from four blocks of Jagatsinghpur district constitute the unit of the study. The Alkire-Foster approach (2011) is used to construct theMPI.Gender-wise analysis reveals higher deprivation of females over males in completed years of schooling, nutrition, health insurance, ownership of the land asset and motor vehicle, autonomy in preventing domestic crime and violence, autonomy in job choice, and autonomy in participating in community-level activities, whereas higher deprivation of male over female is observed in few indicators such as housing, possession of bank account, and sanitation. The study also observed that about 75 per cent of femaleswere recognized as multidimensionally poor with a poverty threshold of 0.3333 against 48 per cent for males. The binomial logistic regression model reveals that age and educationare two important determinants of multidimensional poverty for females, whereas education, social category, and occupation are observed as important determinants of multidimensional poverty for males.Based on the findings, the studysuggests the reorientation of government policies to increase the educational standard along with the generation of more employment opportunities with an emphasis on self-employment activities, both for males and females in the rural areas of the district.

The rights of victims of core international crimes to reparation in Nigeria

Generally, the rights to reparation of victims of crime is largely controverted, especially in common law jurisdictions such as Nigeria where there is no express provision conferring or denying such right. With the rising number of victims of core international crimes in Nigeria, there is an increasing need to evaluate Nigeria's disposition to the plight of victims of core international crimes within its jurisdiction in light of the provisions of the Rome Statute. The article evaluates the possibility of the recognition of the right of victims of core international crimes to reparation in Nigeria. Although there are fragmentary provisions in the existing legislation that may be explored to ground the rights to reparations of victims of domestic crimes generally, the flaws and inadequacy of those laws are apparent in the face of the gravity and demands of core international crimes. The article argues that Nigeria owes an obligation to repair the harms suffered by victims of core international crimes in line with the provisions of article 75 of the Rome Statute which unequivocally confers such rights on victims, and the principle of ubi jus ibi remedium. The article concludes by making concise recommendations with respect to legal provisions on victims' rights to reparation in Nigeria in the context of international criminal law.

Pragmatic Punitiveness: The Institutionalization of Criminal Domestic Violence Protection Orders

This paper analyzes the implementation of a domestic violence law in Minnesota that, in 2006, made the violation of a Domestic Abuse No-Contact Order a felony-level offense. Since this legal change, the rate of conviction for Domestic Abuse No-Contact Order felonies skyrocketed with stark racial disparities among Black and Native American residents, relative to Whites. Analysis of case files reveals that Domestic Abuse No-Contact Order convictions result from a range of behaviors, from seemingly mutual contact between the defendant and protected party to serious physical violence. We argue that the Domestic Abuse No-Contact Order law facilitates pragmatic punitiveness for legal actors. It is easier for prosecutors to demonstrate contact occurred than to prove domestic assault. Yet, the penalty for a Domestic Abuse No-Contact Order is as severe as the penalties for other domestic abuse-related crimes in Minnesota. Thus, the Domestic Abuse No-Contact Order law enables prosecutors to respond forcefully to domestic violence while avoiding additional burdens on their time and resources.

In Defence of a Metaphor

Abstract Shai Dothan rejects my submission that the Swiss cheese model of accident prevention provides a useful framework for a convincing deterrence-based defence of the International Criminal Court (ICC). I believe that Dothan’s critique is mistaken. Proceeding via a restatement and an expansion of my original argument this paper explains why. First, I outline the original idea of coupling a deterrence-based argument for the ICC to the Swiss cheese model. Secondly, I outline the core of Dothan’s critique. Thirdly, I elaborate on the Swiss cheese model as it was originally developed in the context of risk analysis and accident prevention. Fourthly, I demonstrate the usefulness of this model also in the context of traditional domestic crime prevention. Fifthly, I connect these points back to the context of international criminal justice. Finally, I conclude by returning to Dothan’s critique using the previous findings to reject his argument.

Проблема домашнего насилия в пандемию COVID-19: кто виноват и что делать?

The article presents the analysis of the problem of domestic violence on the basis of domestic and foreign statistical data and the research results. Attention is focused on the aggravation of this problem during the pandemic of the new coronavirus infection COVID-19 in many countries of the world. The situation of uncertainty, a long stay in a confined space, the fear of contracting a new coronavirus infection, the inability to receive adequate medical care due to the congestion of the healthcare system, loss of financial stability, disruption of the usual rhythm of life led to the escalation of psychological tension. This resulted in the increase of domestic violence. The important role in resolving the situation and helping the victims of domestic violence under quarantine conditions was performed by specialized state and non-governmental organizations. Their activities underwent the structural, financial, and technological changes in the post-Covid-19 period. At the same time, in Russia there is a need of adopting a new federal law on combating domestic violence which will reduce the number of domestic crimes and increase the family values.

Importance of Social and Criminological Analysis of the Domestic Sphere of Society Life in Preventing Family Crime

Article provides a socio-criminological analysis of the sphere of everyday life, gives definitions of this concept by specialists in various fields of knowledge. The influence of the family on the commission of domestic crimes is considered. It is noted that in Russia there is a long overdue need for the adoption at the state level of the Law on the Prevention of Domestic Violence.