Domestic Crimes Research Articles

Роль поведения потерпевшего в правонарушениях, совершенных на бытовой почве

The article is devoted to the study of the victim's behavior in family and domestic conflicts, both in the commission of administrative offenses and criminal acts committed on domestic grounds. The scientific work analyzes theoretical approaches to the concept of "domestic crime". The author examines the characteristic features of this category of crimes. The reasons for the growth of domestic crimes and the decrease in their detection rate are highlighted, among which special attention is paid to the role and behavior of the victim. The forms of culpable behavior of the victim are subjected to a separate analysis. The article pays considerable attention to the study of statistical data and legal practice in criminal and administrative cases. Special attention is paid to the study of the impact of the victim's behavior on the high latency of domestic crimes. Based on the information received, the author makes recommendations for the prevention of this category of crimes.

International and domestic crime statistics indicators of sexual crimes

Aim: In this study, the Author reviews the criminal statistics indicators of sexual crimes. Sexual crimes can be grouped according to several classification systems – for example, the age of the victims, or the method of execution, or in light of whether they are committed with violence. Based on the latter, distinguished between violent and non-violent situations – a good example of the former is the crime of sexual violence, while the latter is child pornography. The analysis of the statistical data provides insight into how and to what extent the prevalence of sexual crime develops, as well as how and with what prevention campaigns these frequency indicators can be reduced. Methodology: In the study, the Author makes a statistical presentation, the sources of which are international and domestic crime statistics databases. Findings: Although the number of proceedings initiated for sexual crimes in Hungary can be considered average for the Central and Eastern European region, the numbers of cases detected are still at high levels. In order for these cases to decrease, programs are needed that effectively combat the effects of sexual violence myths, the fear of victim blaming, and stigmatisation. Value: This study is an overview that aims to present a complex statistical point of sexual crimes, which can serve as a basis for further comparative analyses.

International and domestic crime statistics indicators of sexual crimes

Aim: In this study, the Author reviews the criminal statistics indicators of sexual crimes. Sexual crimes can be grouped according to several classification systems – for example, the age of the victims, or the method of execution, or in light of whether they are committed with violence. Based on the latter, distinguished between violent and non-violent situations – a good example of the former is the crime of sexual violence, while the latter is child pornography. The analysis of the statistical data provides insight into how and to what extent the prevalence of sexual crime develops, as well as how and with what prevention campaigns these frequency indicators can be reduced. Methodology: In the study, the Author makes a statistical presentation, the sources of which are international and domestic crime statistics databases. Findings: Although the number of proceedings initiated for sexual crimes in Hungary can be considered average for the Central and Eastern European region, the numbers of cases detected are still at high levels. In order for these cases to decrease, programs are needed that effectively combat the effects of sexual violence myths, the fear of victim blaming, and stigmatisation. Value: This study is an overview that aims to present a complex statistical point of sexual crimes, which can serve as a basis for further comparative analyses.

DIRECTIONS FOR IMPROVING THE LEGISLATIVE REGULATION OF BEATINGS IN THE LIGHT OF COUNTERING DOMESTIC VIOLENCE

The analysis of changes in the Russian criminal legislation establishing responsibility for the commission of beatings is carried out in terms of their impact on the prevention and counteraction of domestic violence. The inconsistency of the legislator in adopting these changes has been revealed, which is a consequence of the lack of consistency in the legislative regulation of countering domestic violence, insufficient use of the potential of criminological science in the legislative process. The analysis of statistical data for 2016-2022 allowed us to conclude that the latency of family and domestic crime has increased due to the decriminalization of single beatings against loved ones, as well as the artificial latency of torture (Part 1 of Article 117 of the Criminal Code of the Russian Federation). Based on the results of the analysis of the empirical base, the authors concluded that the commission of serious domestic violence is preceded by the infliction of beatings and minor harm to the victims and convicts. The suppression and prevention of beatings as a crime with double prevention is a prerequisite for an effective fight against the grave consequences of domestic violence. It is proposed to return the criminalization of single beatings against close people, expanding this concept by including other close people in addition to relatives and relatives.

Empirical Study of the Occurrence of Domestic Violence in Banggai Regency, Central Sulawesi Province

The smallest social unit in society is the household or family, and this has a significant impact on the personality development of each family member and the way they interact with other people. The aim of this research is to identify the causes and various forms of domestic violence in Banggai Regency, Central Sulawesi Province. and Factors influencing the occurrence of domestic violence in Banggai Regency, Central Sulawesi Province. This research uses empirical methodology, with data sourced from literature reviews and field investigations. The research was conducted in Central Sulawesi Province, in Banggai Regency. collecting information in the field through field work, interviews and observations. After that, qualitative descriptive analysis was used to test the data. Research findings show that in Banggai district, Central Sulawesi Province, there are very frequent cases of domestic violence where the victims are generally women. In addition, a number of laws and regulations have been enacted to protect women who are victims of domestic violence. Law Number 23 of 2004 concerning the Elimination of Domestic Violence is one of the legal regulations that specifically regulates domestic violence. However, the many laws and regulations governing women's safety do not adequately consider women's needs to protect them from crimes involving domestic violence. Economic problems, social media, adultery and drug use are key variables that influence the incidence of domestic violence. So it is hoped that the government, police and society can work together to combat acts of domestic violence in order to minimize physical, psychological and sexual domestic crimes and create a harmonious household environment.

СТАН НАУКОВОГО ДОСЛІДЖЕННЯ ЗЛОЧИННОСТІ У СІМЕЙНІЙ СФЕРІ

The article reveals the need to study crime in the family sphere in the works of Ukrainian scientists. This can be explained by the fact that it is criminological science that investigates such crime as a system with exceptionally complex types of criminal offenses committed by the offender during their common life. So, there is a significant need for a scientifically based and comprehensive analysis of this crime and the development of effective forms and methods of its prevention, because the family is constantly in social relations with the state and its institutions. These relationships are based on social ties that unite people into a functional whole, while creating equality and inequality in the rights and obligations not only of spouses, but also within the social group of society. It was noted that among the criminological problems of crime in the family sphere in Ukraine, the problem of domestic crime, which in most cases was and remains the most latent among other criminal offenses, became the agenda. And therefore, recognizing the family as the center of society, it should be noted that without the support of the state and its institutions, unfortunately, the problem of crime in the family sphere is almost impossible to solve. And this is due to the fact that the family is not always able to fulfill its main function – ensuring the proper well-being and upbringing of children. History shows that the main types of crime in the family sphere are: domestic, economic, psychological, sexual and physical violence. Taking into account that there is a war in Ukraine, the problem of criminalization in the family sphere takes on special importance, and we consider it as an object of criminal offenses committed by the offender. The consequence of this is the divorce of husband and wife, a decrease in the standard of living of children, their lack of protection, poverty, and the weakening of the infrastructure of health care, education and culture. Key words: criminal offenses in the family sphere, offender, family violence, marital conflict.

Countering hostile sabotage and reconnaissance groups by the National Police of Ukraine units in the context of martial law

The article is devoted to the study of ways to improve the tactical and special readiness of police officers to counteract sabotage and reconnaissance groups in the border areas and in the areas of active hostilities. The author identifies additional powers of the police under the martial law regime, including the following: conducting joint operations against sabotage and reconnaissance forces of the aggressor (enemy) and paramilitary or armed groups which are not regulated by the laws of Ukraine.
 To address the objectives of the study, the analysis of the sources of international and national law providing for the use of sabotage and reconnaissance groups by the parties to the conflict is carried out, the essence and hierarchical structure of these groups are revealed, and the objects against which the use of sabotage measures is prohibited are identified. The article also provides a list of objects of the warring parties which, according to international humanitarian law, may be subject to damage.
 The organisational features of the basics for defensive combat by the units of the ground forces of certain countries, in particular, the Federal Republic of Germany and the United States of America, are considered. According to the military doctrine of these countries, the purpose of defence is to disrupt the enemy’s offensive actions, inflict maximum losses in manpower and equipment, and gain time to concentrate forces in the chosen direction for the offensive.
 The article describes the signs that can be used to identify members of Russian sabotage and reconnaissance groups. These signs are the following: the execution of certain actions, including conducting intelligence activities, destabilising the situation by committing criminal offences (explosions, murders, assaults, robberies) under the guise of domestic crimes, spreading false information and discrediting the authorities during direct communication with the local population.
 The tactical methods of combating sabotage and reconnaissance groups in the territory of the controlled border area are highlighted. The experience of counter-sabotage measures by the security and defence forces of Ukraine, one of the elements of which is an ambush, is studied. 
 A model of sabotage protection and its use in the educational process of higher education institutions of the Ministry of Internal Affairs of Ukraine is proposed, which provides for a comprehensive combination of command and staff exercises with tactical and special exercises in two stages and involvement of cadets in ensuring public safety and order in border settlements.

False Positives in Luminal Testing

The blood sample is one of the most essential pieces of evidence that helps criminal experts in the elucidation of the crime. However, cleaning the blood found at the crime scene after the crime is committed makes it difficult to detect the crime. Therefore, experts have attached great importance to research on blood samples left at the crime scene. Although many test kits are used, especially in detecting erased blood, the luminol kit is widely used at crime scenes. In the luminol kit, the reaction takes place with the addition of hydrogen peroxide (H2O2). Since it is known that hydrogen peroxide can react with other substances containing Fe (II) ions that may be present in the environment during the reaction, it was aimed to carry out research to determine which substances luminol interferes with, especially those that may be found in a domestic crime scene in this study. In domestic crime scenes, there are limited substances that can replicate the distinct, enduring luminescence characteristic of a reaction between luminol and genuine bloodstains, while the uncharacteristic glow produced from many other surfaces is likely to be recognised with the naked eye by a good expert, experienced and knowledgeable in the field. In this regard, the prepared samples were treated with luminol in a dark environment, and the reactions occurring in the first seconds were recorded. The results obtained with this reagent are recommended to be supported by other blood test reagents or confirmatory tests, as there are substances that give false positive results with luminol reagents in the present study.

Оценка причин и факторов, способствующих росту латентности домашнего насилия в отношении женщин в Казахстане

In this article, the authors explore the issues of violence against women and present facts and arguments that confirm the high level of latent domestic violence. Kazakhstani society often perceives "domestic crime" as a norm, which leads to impunity for domestic tyrants, as they remain unknown to law enforcement authorities due to the lack of reports from the victims and witnesses who silently suppress this crime.The article's research operates on the premise that domestic violence against women is a largely hidden offense, necessitating the assessment, examination, and organization of preventative efforts undertaken by law enforcement and governmental institutions in addressing domestic violence against women. Furthermore, it highlights the importance of integrating approaches employed by law enforcement, governmental institutions, and civil society to effectively prevent domestic violence against women.The research methodology is an empirical analysis of data obtained experimentally.In conclusion, based on the study, the authors come to the conclusion that it is necessary to adopt and implement more targeted actions, policies and measures to identify and assess domestic violence and its latency to improve the situation in this area.The value of the study is associated with the emergence of new development prospects and the need to generalize the methods used by law enforcement, government agencies and civil society in the prevention of domestic violence against women. Assessment, analysis and systematization of the preventive work carried out constitute one of the areas of this work.The practical significance of the results of the work lies in its conclusions and proposals that can contribute to further combating domestic violence

Assessment of causes and factors contributing to increased latency of domestic violence against women in Kazakhstan

In this article, the authors explore the issues of violence against women and present facts and arguments that confirm the high level of latent domestic violence. Kazakhstani society often perceives "domestic crime" as a norm, which leads to impunity for domestic tyrants, as they remain unknown to law enforcement authorities due to the lack of reports from the victims and witnesses who silently suppress this crime. The article's research operates on the premise that domestic violence against women is a largely hidden offense, necessitating the assessment, examination, and organization of preventative efforts undertaken by law enforcement and governmental institutions in addressing domestic violence against women. Furthermore, it highlights the importance of integrating approaches employed by law enforcement, governmental institutions, and civil society to effectively prevent domestic violence against women. The research methodology is an empirical analysis of data obtained experimentally. In conclusion, based on the study, the authors come to the conclusion that it is necessary to adopt and implement more targeted actions, policies and measures to identify and assess domestic violence and its latency to improve the situation in this area. The value of the study is associated with the emergence of new development prospects and the need to generalize the methods used by law enforcement, government agencies and civil society in the prevention of domestic violence against women. Assessment, analysis and systematization of the preventive work carried out constitute one of the areas of this work. The practical significance of the results of the work lies in its conclusions and proposals that can contribute to further combating domestic violence.

Research on the Narrative Strategies of Crime Movies in Terms of the Theory of Social Anomie —ake Domestic Crime Movies in the Last Five Years as Examples

Research on the Narrative Strategies of Crime Movies in Terms of the Theory of Social Anomie —ake Domestic Crime Movies in the Last Five Years as Examples

Liberty and Order: Legal Interests in China's Domestic Crime Legislation and Amendment

The family is an independent community, in which members have closer life ties and deeper subjective emotions than ordinary social members. The diversity of the internal relationships within the family and the different expressions of family ethics determine the pluralistic normative construction of criminal law when it intervenes in the family. However, with the transformation of the social structure, the function of the family has gradually declined. The traditional Chinese society's "family-oriented" ideology has fallen behind, and the past value judgment of "emphasizing order and disregarding freedom" does not conform to the social values of the people. Firstly, in terms of the configuration of penalties, the statutory penalties for domestic crimes are lighter than those for similar crimes, which conflicts with the increasing sense of equality, rights, and modern family concepts in society. Secondly, in the judicial practice process, the judicial organs ignore unfair interest arrangements, attach importance to outdated value judgments, overemphasize departmental interests, and infringe on the legitimate rights and interests of vulnerable groups. These behaviors all go against the values of ordinary people. This article takes the crimes of purchasing trafficked women and child abuse in traditional Chinese family crimes as examples, combined with current social trends and the transformation of traditional family values and order. Based on the unique and complex features of the protected legal interests in family crimes, it balances the values of order protection and human rights protection, faces up to the connotation and extension changes of domestic crimes in the new era, and establishes the family law theory of criminal law.

LAW ENFORCEMENT OF JINAYAT CASES IN SYAR’IYAH COURT IN ACEH PROVINCE INDONESIA DURING COVID-19 PANDEMIC

This study aims to look at the jinayat (criminal) trial both from the regulatory aspect and the application of the rule as a responseto the outbreak of the COVID-19 pandemic. Therefore, this study uses two approaches at once, a normative approach to examine thelegality of the regulations and a sociological approach to examine the application of the rule in Syar’iyah courts throughout Aceh. Thisstudy found that the Supreme Court has issued the Supreme Court Regulation known as Perma Number 4 of 2020 as the basic regulation for the implementation of virtual criminal and jinayat trials. There is a diversity of practices that lead to legal uncertainty in the application of Perma at the Aceh Syar’iyah court. There are several Syar’iyah courts that have implemented Perma. However, there are also many Syar’iyah courts that ignore Perma due to unprepared infrastructure. But, there are also some Syar’iyah courts that conduct jinayat trials based on the agreement of the parties involved in the trial. In this case, jinayat trials are sometimes carried out virtually and sometimes physically present in the courtroom. This study also found that the tendency of jinayat cases increased throughout the year 2020 when the pandemic occurred. The increase in jinayat cases was caused by two reasons. First, almost all criminal acts regulated in the qanun of jinayat are domestic crimes. Second, there was a relatively large deduction amount of the budget for the enforcement of Islamic law, which was then reallocated to prevent the spread of COVID-19.

Activities of the Internal Affairs Bodies for the Prevention of Domestic Crimes

The problem of domestic crime continues to be one of the urgent problems affecting the welfare of the nation . As a result of the implementation of the Concept of the Development of state Family Policy in the Russian Federation for the period up to 2025, a system of measures has been formed aimed at creating conditions for meeting the interests and needs of families, increasing their economic independence, their role in the self-realization of the individual, educating new generations, strengthening the prestige of marriage and family lifestyle . Experts point out the negative impact of family problems on the development of civil society, socio-economic, political stability of the state . Solving this problem is one of the main tasks of the internal affairs bodies of the Russian Federation . Domestic violence is a crime that occurs in the private sphere of life, characterized by systematic actions against family members in order to gain physical, emotional and material control . The article analyzes the provisions of regulatory legal acts of the Russian Federation, materials of law enforcement practice and scientific positions related to the activities of the internal affairs bodies of the Russian Federation on the prevention of domestic crimes, and also suggests measures to improve them .

The latency of domestic violence

The article analyzes the problem of latency of domestic violence. Violence in the family is one of the most acute problems of our time, which has deep root and latent character, has no age, social and state boundaries. The concepts of «latency» and «domestic violence» are considered and analyzed, and the scientific views of researchers regarding these concepts are presented. The types and features of violence that can manifest in the family, namely physical, mental, sexual and economic, are revealed.The reasons that contribute to the silence of domestic violence have been identified and revealed. These reasons include internal and external factors. In their work, the authors also analyze the statistics of domestic violence in recent years. The legal basis of the researched issue is analyzed. It was determined that domestic violence is sanctioned in accordance with the Criminal Code of Ukraine. Directions for the prevention of the latency of domestic crime are proposed. The article concludes that the problem of family violence does not lose its relevance and is recognized as one of the most acute social problemsof Ukrainian society.It is indicated that a successful theoretical and practical solution to such important criminological problems as identifying the causes and conditions of crime, as well as effective counteraction to it, is possible if there is an objective consideration of allcrimes committed in society. Domestic violence is recognized as one of the most acute social problems of Ukrainian society, and therefore does not lose its relevance today and Latent crime in the field of domestic violencе is a set of criminal acts that took place in a certain family, but were not recorded by law enforcement agencies and were not reflected in official statistical data. To date, the increase in the number of complaints about domestic violence is not a worsening of the situation in the region or inUkraine, but is primarily a decrease in its latency, due to a change in people’s attitude to this problem and its greater disclosure.

DETERMINANTS OF DOMESTIC CRIME

The article examines the causes and conditions that determine the occurrence of domestic crime from the standpoint of dualistic and dialectical approaches. According to the dualistic approach, the determinants were considered by content: socio-economic, political, psychological, educational, geographical, spiritual, situational-victimological, normative-legal. By level of distribution: at the macro-, micro- and individual levels. By duration of action: short-term, medium-term, long-term. Based on the dialectical approach, the definition of the causes and conditions of domestic crime is proposed and a list of them is provided. Thus, the reasons for committing domestic crime include: the personality of the criminal; criminogenic deformation of social consciousness; mental disorders; jealousy; priority of material needs over spiritual values, social inequality, devaluation of the partner; legal and moral nihilism; refutation of the importance of the institution of the family; mentality; depressive states; abuse of alcohol on narcotic substances; difference in interests, life orientations and aspirations of spouses, incompatibility of partners; the difference in the worldview of the couple; shortcomings in the work of the police, reluctance to participate in the resolution of family conflicts; a serious illness and its consequences in one of the spouses, the spread of the cult of violence through television, the Internet; bad upbringing or its absence, a disappointing example of parents, in families where domestic crime takes place; weakening the influence of religion. The conditions are divided into: subjective (unfavorable family environment in which family violence prevails and which serves as a primary center for a future offender; defects in family upbringing; spoiling children from disadvantaged families at the stage of personality formation) and objective (poverty, lack of normal conditions of existence, stratification of society, weakening of the family institution, devaluation of the role of women, cultivation of violence through the Internet, video games); necessary and sufficient, accompanying conditions are also highlighted.

The conditions of the emergence of money laundering as an element of domestic organised crime in the early 1980s

Aim: To show how organized crime came into being in Hungary in the 1980s, what social, economic and legal conditions made the evolution of organized crime possible, and the role of money laundering as a new form of crime during the period.Methodology: A descriptive presentation of the author's Candidate's thesis defended in 1990 – an empirical study of money laundering, its themes and findings.Findings: The model of the reasons for the emergence of organized crime in the country can be defined along four lines:– Satisfying the demand for prohibited goods and services and for scarce goods requires a high degree of conspiracy and organization, which tends to create a specific criminal structure; the technical advantage and organizational superiority of criminals exploiting modern infrastructure, as opposed to an outdated, rigidly structured law enforcement, creates the preconditions for the relatively long-lasting and "risk-free" operation of criminal associations.– The contradiction between the socially motivating end and the means to achieve it results in the socio-psychologically "justified" thesis that the criminal acquisition of wealth eliminates the wealth-social inequality that cannot be otherwise introduced.– The inherent contradictions of the market economy, the additional dysfunctions resulting from the deficit economy, and the uncontrolledoperation of legal enterprises that allow the laundering of criminal wealth not only create the possibility but also directly encourage criminals to form criminal associations in the areas concerned, which ultimately constitute the objective – indirect and direct – inspirations of the economy.– The rational perception of the link between changed socio-economic conditions and crime has led some criminals to adapt to deviance very quickly, which has also encouraged them to form criminal associations that are highly profitable.Value: In the dissertation entitled The Emergence of Elements of Organized Crime in Domestic Crime, the author was the first in Hungary to formulate the issues related to money laundering, and therefore the five-dimensional causal model described in the study has considerable cultural-historical value.

International experience of using special knowledge in the investigation of counterfeiting

The article highlights the theoretical and practical aspects of the investigation of counterfeiting as a socially dangerous phenomenon that has a transnational character. The need to implement international experience in the use of special knowledge in the investigation of counterfeiting, as well as the formation and role of Interpol in coordinating the work of law enforcement agencies of different countries in this direction, is considerer.The general processes of European and world interconnection, the globalization of economic, political and social relations, supported by new communication and technological opportunities, are increasingly covering the sphere of economic crime, in particular the most widespread and most dangerous phenomenon for society, such as counterfeiting. Increasingly, this is manifested in the fact that, together with law-abiding citizens, it has become easier for criminals to penetrate across state borders, which has caused the spread of criminal manifestations in the transnational space. The exit of criminal activity beyond the borders of specific states gives rise to international crime, which puts it at a much higher level of danger compared to domestic crime. The problems and tasks associated with this phenomenon have become widely spread, and, as a matter of fact, they have become the subject of practical solutions by law enforcement agencies around the world and scientific consideration by scientists.Along with other serious crimes of a transnational nature, such as terrorism, illegal drug trafficking, human trafficking, crimes against the state, smuggling, domestic and foreign scientists also single out counterfeiting, which poses the greatest threat to the integrity of financial and commercial institutions of individual states and the world community in general.

Home is where the hate is: gender, race, class and the domestic abuse plotline in fiction and on screen

ABSTRACT The article examines the representation of domestic violence in the novel and screen versions of The Girl on the Train and series 1 and 2 of Big Little Lies. It argues that in the last five years there has been a boom in depictions of domestic abuse, ranging from radio and soap operas, such as The Archers and Eastenders, to the “glossy” screen productions examined in the article. This reflects fourth-wave feminist interest in hidden forms of gendered violence and the extension to existing laws on intimate partner abuse in the US and UK. This article argues that, while the popular female-authored domestic crime novels that The Girl on the Train and Big Little Lies are based on highlight economic disadvantage and patriarchal privilege as factors determining domestic abuse, the screen adaptations veer towards an emphasis on individual couple dynamics and victim-blaming. It focuses particularly on sexism and racism in the second series of Big Little Lies. Written by veteran Hollywood screenwriter David E. Kelley along with high-profile white female stars, the series shifts emphasis away from gendered violence and towards intergenerational female conflict by blaming domestic violence on two older female figures, one of them an African-American woman.

Subjects of domestic crime preventions

Subjects of domestic crime preventions