General Crime Research Articles

On the question concerning the concept of a special corpus delicti

The article considers the question of the concept and essence of a special corpus delicti. The author analyzes the available definitions of special elements of the crime and provides his own version of the definition. There is explored a debatable question of the ratio of special and qualified elements of crime and substantiated the opinion that the nature of these categories is different, since the criteria for their distinguishing and the rules for their construction differ. Sometimes a qualified corpus delicti simultaneously acts as a special one, but even in this case, the crime remains qualified in relation to the main crime, and it is seen as a special corpus delicti to the general crime, where the main crime and the general crime do not coincide. The author expresses an opinion about the necessity to eliminate technical and legal flaws in special crimes by developing rules of their structing.

외국인 밀집지역의 무질서가 범죄두려움에 미치는 영향과 사회통제에 따른 조절효과

As the number of foreigners in the country increases, existing foreigner neighborhoods are spreading out. As the number of foreign residents increases, foreign crime seems to increase, but the foreign crime rate remains at a similar level. However, in areas where foreigners are concentrated, the top five violent crimes, illegal immigration, and drug-related crimes are increasing compared to those of Koreans, and it is necessary to prepare and operate security policy measures. In addition, the level of fear of crime is higher in the case of Koreans in areas with high concentration of foreigners compared to Koreans in areas with low concentration of foreigners, and it is necessary to continue research on this topic. Therefore, this study set up a research model based on disorder and social control factors, which are the main influencing factors that are related to crime fear in previous studies. This study aimed to test the moderating effects of formal social control and informal social control on the relationship between foreigners' and locals' perceptions of disorder and general crime fear in foreigner-dense areas. The results showed that the level of perceived social disorder influenced general crime fear among foreigners, and both physical disorder and social disorder influenced general crime fear among natives. Finally, the moderating effect of social control was found to be that for foreigners, formal social control moderated both social disorder and general fear of crime. Based on this, it can be seen that it is necessary to strengthen formal social control in areas where foreigners are concentrated and build a social system that allows informal social control to function properly. It is hoped that the results of this study will be used as a basis for the development of public security policies to resolve problems such as the increase in the number of foreigners in Korea and the fear of crime that may arise due to the continuous increase in the number of foreigners staying in Korea.

Effects of Budget Expenditures on Education and Youth Policy on Decreasing the Level of Delinquent Behavior of Adolescents

One of the national development goals relates to realizing human potential and educating a socially responsible person, which, among other things, requires strengthening the state's role in preventing crimes, primarily among adolescents. In this regard, there is a need to quantify the impact of social spending budgets on the level of juvenile delinquency. The article substantiates a methodological approach to assessing the effects of expenditures on secondary vocational education and youth policy on the number of minors convicted of various crimes. In the study, the authors evaluated regression based on a fixed-effects model with the standard errors Driscoll – Kraay. Econometric modelling was based on panel data on 83 subjects of the Russian Federation for the period 2010–2020. The statistical data of the official websites of the Federal State Statistics Service, the Federal Treasury and the Prosecutor General's Office of the Russian Federation served as the information base of the study. Based on the simulation results, conclusions were drawn about the positive impact of increasing budget expenditures on secondary vocational education and youth policy, as a share of GRP, on reducing juvenile delinquency. The influence of control variables (income level, divorce rate, urbanization, general crime, etc.) was also confirmed. For the first time, the results obtained on Russian data significantly complement the conclusions of foreign econometric studies on similar issues

Challenges faced by learners who are survivors of school violence: implications for support structures

The main aim of this study is to explore challenges faced by learners who are survivors of school violence and the implications for support structures. Many schools are branded with violence, gangsterism, substance abuse and general crime. The scourge of violence in schools is cause for concern, citing daily reports that appear in the written and electronic media about high levels of violence, physical and sexual abuse, and gang-related activities in schools. Qualitative research design and phenomenology as a mode of inquiry were employed in this study. School principals' and teachers' experiences and perceptions were elicited through focus-group interviews, document reviews, and observations. The population comprised principals and teachers in five schools. Purposive sampling was used as a method of sample selection. The findings revealed that support is key, and lack of support can negatively impact learners’ access to schools and academic achievement in many ways. It was also found that most learners who leave school prematurely, through the fear of violence, do not report when they leave. The study recommended that support must be provided promptly, and parents, teachers, and caregivers must be capacitated to offer effective and efficient support.

Преступность в сфере осуществления правосудия как объект криминологического изучения

The article examines the criminological essence of the totality of crimes against justice. It is noted that the complex of these socially dangerous acts is an independent type of crime, since it has the corresponding characteristics: mass character, historical variability, systematicity, and represents a negative social phenomenon of a criminal legal nature. It is emphasized that the crimes mentioned in Chapter 31 of the Criminal Code of the Russian Federation not only infringe on the interests of justice in a narrow sense, but also on the legitimate activities of bodies and persons assisting courts in carrying out their functions. In this regard, the phenomenon under study is defined as crime in the sphere of administration of justice. The conclusion is made about the need for an independent criminological study of its quantitative and qualitative characteristics in order to identify the patterns of its existence and development, determine the determination complex, establish the degree of prevalence in the structure of general crime, predict the future state, and, ultimately, increase the efficiency of law enforcement agencies aimed at combating criminality in the sphere of administration of justice.

Reframing Prosecutorial Legitimacy: Embracing Restorative Justice in Criminal Case Discontinuation

This research aims to find out and understand the scope of the Prosecutor's office, especially in the field of prosecution in the criminal justice system, as explained in this journal, namely regarding regulations related to the authority of the Prosecutor in implementing the termination of prosecution for criminal cases based on the principle of restorative justice and regarding obstacles to the implementation of restorative principles. justice at the prosecution stage. This research was carried out using a statutory regulatory approach and a conceptual approach using library data, namely normative juridical, which was carried out by examining library materials or secondary materials that were collected and analyzed qualitatively. The authority of the Prosecutor's Office in implementing the Termination of Prosecution is strictly regulated in the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution based on Restorative justice and is supplemented by the Circular Letter of the Deputy Attorney General for General Crimes Number 01/E/EJP/02/2022 dated 10 February 2022 and in its implementation Restorative justice is considered capable of being a solution in resolving cases quickly with the main principle of prioritizing participation between victims, perpetrators and the community as well as restoration of a situation. Furthermore, in implementing the termination of prosecution of a case, it is not impossible that there are obstacles that must be faced by the Prosecutor as Public Prosecutor, especially in reconciling the interests of the victim and the perpetrator in achieving peace.

Law Enforcement Against Perpetrators of Criminal Acts In The Insurance Sector In The Perspective of Money Laundering (Study At Manado District Court)

Human life activities are inseparable from the risks that can occur at any time that can cause losses. One effort to overcome this is to use insurance services, but today there are often cases of insurance that harm the community, among others, due to irregularities by insurance agents and the perpetrators are only subject to criminal sanctions in the insurance sector, even though the act is a criminal act of money laundering. This research is a normative juridical research, using a statutory approach and a case approach. The results of the study, that law enforcement against perpetrators of criminal acts in the insurance sector in the perspective of money laundering in cases committed by Mrs. Swita Glorite Supit based on Manado District Court Decision Number: 125/Pid.Sus/2021/PN. Mnd dated June 8, 2021, has not been implemented optimally in accordance with the provisions of applicable laws and regulations, where law enforcement only applies the provisions of general crimes and criminal acts in the insurance sector, despite the fact that Mrs. Swita Glorite Supit committed money laundering proceeds in the insurance sector. Obstacles in law enforcement against perpetrators of criminal acts in the insurance sector in the perspective of money laundering in cases committed by Mrs. Swita Glorite Supit, consists of aspects of legal substance, where the provisions on criminal acts in the field of insurance and money laundering are special crimes so that Investigators and Public Prosecutors only apply crimes in the field of insurance, and there are no regulations of the Financial Services Authority that specifically regulate the procedures, procedures and activities of insurance agents. Aspects of legal structure, where the understanding of law enforcement who handles the case so that it does not apply the provisions of money laundering in accordance with the actions committed by Mrs. Swita Glorite Supit, and aspects of legal culture, where the public does not know and understand well the provisions governing criminal acts in the field of insurance, and about money laundering

THE EXISTENCE OF THE DEATH PENALTY IN THE ANTI-CORRUPTION LAW

The death penalty is the heaviest criminal sanction in the criminal system in Indonesia. It can be said that this is because the death penalty takes a person's life, where the right to life is the basic right of every person. In Indonesia, the death penalty is applied to general crimes with serious qualifications and special crimes which are classified as serious crimes. One specific crime that can be sentenced to death is corruption because its impact is so dangerous for the survival of a country. This article will analyze the existence of the death penalty in anti-corruption laws. The results of this research indicate that the existence of the death penalty in anti-corruption law is specifically for corruption committed under certain circumstances. The particular situation in question is corruption carried out in an emergency situation.

Application of the Theory of Routine Activities in Criminology to the General Crime Situation in Bosnia and Herzegovina

A significant number of criminologists, applying the theory of routine activities, believe that a criminal offense is the result of three convergent elements that combine in time and space (a motivated perpetrator, a suitable target, and the absence of adequate protection). When analyzing these three independent factors, custody is usually given a less significant position in this triangle, without any real reason. It is important to point out that the social structure can significantly affect any form of its violation because ordinary citizens can largely protect each other, as well as citizens' property. In the context of this paper, we will consider routine activities in the light of certain daily determining activities, such as education, economic crises, unemployment, mass communication means, migration, family circumstances, and free time, which can be key to explaining the rate of increase or decrease in crime. When all these activities are analyzed through the theory of routine activity, then we can have a complete overview in terms of criminal activity and the exposure to a criminal act of an individual or the social community as a whole.

Deconstruction of Penal System Policy on Tax Law in Indonesia against Liability for Corporate Income Tax Evasion

The purpose of this study is to simplify legal policies in the Law on General Provisions and Tax Procedures by the values of Pancasila in technical and its implementation in the application of law and law implementation in tax crimes. Normative juridical research methods are processed qualitatively and descriptively, using sources of legal materials" secondary data" "primary" legal materials, and tertiary legal materials, laws, and regulations as rules or norms that become parameters of behavior. legal principles, as well as legal doctrines to answer growing legal issues. Such as the statute approach. Case approach, and conceptual approach. To achieve justice that is manifest in the imposition of criminal sanctions and can be implemented for perpetrators of tax evasion crimes, and focus on criminal purposes so that they can be held criminally accountable for their actions by the punishment given. The provisions in the special criminal law impose sanctions that are more severe than general crimes. At the same time as a consideration to answer the problem of how the deconstruction of the penal system policy on tax law in Indonesia against the criminal liability of corporate income tax evasion can be applied as a reference to make new legal constructions useful for the Indonesian state by deconstructing the diction or phrase of the criminal act of taxation and, technical management and separation of powers.

Key Criminal Case Law Trends Related to the Act on the Improvement of Urban Areas and Residential Environments

The Act on the Improvement of Urban Areas and Residential Environments (hereinafter, the Act) has mostly dealt with administrative laws to date. However, in the case of a reconstruction and redevelopment association, criminal punishment imposed on either the association president, maintenance contractor, or constructor serves as grounds for disqualification or dismissal from the position, or the constructor may rescind the contractor agreement. Therefore, the Act should be considered in detail, even under penal laws. From the perspective of penal laws, despite the existence of penal measures under the Act, few indictment cases were available in the early stages of implementation, leading to different decisions in subsequent cases. Recently, however, a precedent has been established as the number of cases has been increasing. Accordingly, this study seeks to outline the penal provisions under the Act and categorize actual penal law cases accumulated to date into four major types of punishment: 1. bribery and fictitious regulations for public officials; 2. selection of constructors and criminal punishment; 3. project progress without a general meeting resolution; and 4. obligation to disclose related data. Thereafter, the study analyzes established rulings and decisions. Regarding corruption involving associations, general crimes under the Criminal Act are also problematic; however, this study is limited to judgments and decisions related to penal provisions under the Act. The Act accumulates rulings and decisions under both administrative and penal laws. As precedents serve as important guidelines for union officials and prospective stakeholders, it is expected that the academic community will actively express opinions on criminal precedents being formed and contribute to establishing rational precedents.

Examining Crime-Specific and Crime-General Theories of Crime Causation at Place: The Case of Property and Violent Crime on Street Segments in Tel Aviv-Yafo

AbstractWe use data on street segments in Tel Aviv-Yafo to examine whether general or specific crime factors are key to understanding crime rates on street segments. We pose two questions. (1) What causal factors explain the property and violent crimes at the same locations? (2) What are the differences and similarities between the risk factors of the two crime types? Our study capitalizes on data drawn from the Israeli Central Bureau of Statistics (CBS) to identify social and opportunity data at the street segment level. The dependent variable is the average counts of violent and property crimes in Tel Aviv-Yafo between 2010 and 2014. Zero-inflated negative binomial (ZINB) regression explains violent and property crime variations. While many of the significant factors that explain crime are similar between the two crime types, there are also distinct criminogenic factors predicting violent and property crime. Overall, our results support the position of common or general crime causes at places, but at the same time, they suggest the importance of understanding specific causes for specific crime types.

Predicting and analysing initiator crime environments based on machine learning for improving urban safety

PurposeInitiator crimes, also known as near-repeat crimes, occur in places with known risk factors and vulnerabilities based on prior crime-related experiences or information. Consequently, the environment in which initiator crimes occur might be different from more general crime environments. This study aimed to analyse the differences between the environments of initiator crimes and general crimes, confirming the need for predicting initiator crimes.Design/methodology/approachWe compared predictive models using data corresponding to initiator crimes and all residential burglaries without considering repetitive crime patterns as dependent variables. Using random forest and gradient boosting, representative ensemble models and predictive models were compared utilising various environmental factor data. Subsequently, we evaluated the performance of each predictive model to derive feature importance and partial dependence based on a highly predictive model.FindingsBy analysing environmental factors affecting overall residential burglary and initiator crimes, we observed notable differences in high-importance variables. Further analysis of the partial dependence of total residential burglary and initiator crimes based on these variables revealed distinct impacts on each crime. Moreover, initiator crimes took place in environments consistent with well-known theories in the field of environmental criminology.Originality/valueOur findings indicate the possibility that results that do not appear through the existing theft crime prediction method will be identified in the initiator crime prediction model. Emphasising the importance of investigating the environments in which initiator crimes occur, this study underscores the potential of artificial intelligence (AI)-based approaches in creating a safe urban environment. By effectively preventing potential crimes, AI-driven prediction of initiator crimes can significantly contribute to enhancing urban safety.

LEGALITAS PERUBAHAN TUNTUTAN PADA JAWABAN PENUNTUT UMUM ATAS PLEDOOI TERDAKWA DARI PERSPEKTIF HUKUM ACARA PIDANA.

In making the prosecution letter, apart from being based on evidence to assess the trial facts which support the criminal act committed by the Defendant, the Public Prosecutor also refers to the prosecution guidelines. Even though the prosecution guidelines have been determined both in the Criminal Procedure Code and in the Attorney General's Guidelines Number 24 of 2021 concerning Handling of General Crime Cases, there is no discussion regarding the mechanism for changing the charges either immediately after reading the charges or after the Defendant or his Legal Counsel read the defense (pleidooi). The legal theory used is the Theory of Legal Certainty and the Theory of Prosecution Authority. The research method used in this research is a normative juridical approach which is supported by empirical juridical with detailed descriptions, namely a research that begins deductively with an analysis of the articles in statutory regulations related to the Legality of Changes to Claims in the Public Prosecutor's Answer to the Defendant's Pledooi from a Legal Perspective Criminal Procedure. Apart from that, premier data is also used as supporting legal material for secondary data. The legal material analysis technique used is a normative juridical method which aims to provide a prescriptive study with interpretive analysis. The research results show that legal capacity in Law no. 8 of 1980 concerning the Criminal Procedure Code which is implemented in the form of the Principle of Legality in formal criminal law (nullum iudicium sine lege) has been distorted due to changes in the substance of the demands by the Public Prosecutor in the Karawang District Court criminal case Number 256/Pid.Sus/ 2021/PN Kwg, which previously charged the defendant with imprisonment, now demands acquittal. The prosecution is not in line with the provisions of Article 3 of the Criminal Procedure Code which states that trials are carried out in the manner regulated in this law. The authority of the Prosecutor in the event that the Public Prosecutor changes the substance of the charges in the Karawang District Court criminal case Number 256/Pid.Sus/2021/PN Kwg, which previously charged the defendant with imprisonment to demand acquittal has not been accommodated by the Criminal Procedure Code. This is caused by the logical consequences of the provisions of Article 139 of the Criminal Procedure Code. In this provision, the Criminal Procedure Code has from the start given the authority to the Public Prosecutor to determine whether the case file meets the requirements to be able to be transferred to the Court or not. The Public Prosecutor is obliged to hand over the case to the Court with a request to immediately try the case. This is in line with the principle of actori incumbit onus probandi which is known in criminal evidence law.Top of Form

The Attorney's Wiretapping Authority in Special Crimes and Military Crime Connection Cases

The authority in lawful interception in the legal norms in force, in Indonesia today, can be exercised by Law Enforcement Officials (APH) and State Intelligence (IN). APH includes the Police, the Attorney General’s Office, the National Narcotics Agency, and the Corruption Eradication Commission, while the only state intelligence agency that has authority is the State Intelligence Agency. The Attorney General’s Office in accordance with legal norms has the authority to investigate general crimes in accordance with the material provisions of the Criminal Code (KUHP), special crimes according to provisions outside the Criminal Code, and military crimes in accordance with the provisions of military criminal law after the formation of the Junior Attorney General for Military Criminals ( Jampidmil). The Attorney General’s authority is to handle specific criminal acts related to corruption, gross human rights violations, money laundering, insubordination, use of unlawful force, theft, embezzlement, and other violations of law involving military personnel. This study will discuss the wiretapping authority of the Attorney General’s Office when dealing with special crimes, namely corruption and military crimes connected with terrorism so that the difference in wiretapping procedures can be seen in the handling of these two different crimes at the stages of investigation and prosecution.
 Keywords: attorney general, lawful interception, investigation, corruption, military crime

Explaining Male Sex Offender Recidivism: Accounting for Differences in Correctional Supervision.

Contrary to public opinion, empirical studies have consistently shown that persons convicted of a sexual offense (PCSO) are less likely to recidivate with a general offense. While researchers often point toward the surreptitiousness of sexual offending to explain low rates of recidivism, this paper tests a novel explanation: SOs recidivate at lower rates than persons convicted of a non-sexual offense (PCNSO) because they are more often revoked to prison before they are able to commit a new crime, perhaps owing to more restrictive post-release supervision guidelines. Using a sample of 196,468 unique male releases, the difference in general and sexual recidivism between PCSO (n = 29,420) and PCNSO was assessed through survival analyses (Cox regression models). Results demonstrated that PCSO were significantly less likely to be reconvicted for a general crime, but more likely for a sex offense. They were also more likely to be reincarcerated due to a revocation without a new sentence. Accounting for revocations, the difference in reconviction risk lessens between the groups but does not disappear. This analysis provides evidence that differences in community supervision are contributing to the difference in recidivism rates between PCSO and PCNSO. Implications and future research are discussed.

On the Purpose and Structure of Basic Metho­dology for Investigating Crimes Related to the Activities of Foreign Citizens and Stateless Persons

The article discusses key questions of the formation of a basic forensic methodology for investigating crimes involving foreign citizens and stateless persons — determining its goal, tasks and structural elements. The author analyzes various viewpoints regarding the system of special forensic techniques and presents her own opinion on this issue. It is determined that the basic level is the second one, it uses the general crime investigation method and presents a scientific-methodological foundation for the formation of special methodologies for investigating different crimes. The author formulates the criminalistic category “crimes connected with the activities of foreign citizens”, which makes it possible to present a definition of the basic methodology for investigating crimes connected with the activities of foreign citizens and stateless persons with the goal of creating effective opportunities for identifying, investigating, solving and preventing crimes connected with the activities of foreign citizens by developing general criminalistic means and methods of collecting, researching, evaluating and using forensically relevant information on a criminal case. The author determines the goals and key structural elements of the methodology that influence its contents.

Implementation of Restorative Justice Policy against Perpetrators of Criminal Negligence that Causes Death

Requests for termination of prosecution against perpetrators of criminal negligence causing death can be rejected or granted even though they use the same technical guidelines, namely Circular Letter of the Deputy Attorney General for General Crimes Number 01/E/EJP/02/2022. The research focuses on understanding the policy parameters of restorative justice for perpetrators of criminal negligence causing death and the ideal implementation of restorative justice for perpetrators of criminal negligence. This research is a normative juridical research with statutory approach, case approach, and conceptual approach. Restorative Justice Application is granted because the parameters of negligent acts are not purely in the perpetrator but also carried out by the victim himself, while the application is rejected because culpa only comes from the actions of the perpetrator. The ideal implementation of restorative justice policy must lead to efforts to restore the original state, no negative stigma from the community, and oriented to technical efficiency and legal certainty for the parties. Suggestions from the research results are that case termination based on restorative justice requires certainty in technical regulations, for example through the Attorney General's Regulation. The ideal implementation of restorative justice policy must pay attention to: a unified written policy / lex scripta that can be accessed by the public, can be tested, integrative between judicial mechanisms and pay attention to functional differentiation of criminal justice, as well as harmonization of subjects and objects in prosecution.

Reconstructing Legal Protections for Justice Collaborators within the Criminal Justice System as an Effort to Uncover Common Crimes in Indonesia

Perpetrators of general crimes who are willing to cooperate with law enforcement are commonly referred to as justice collaborators. These individuals play a crucial role as a valuable source of information for law enforcement agencies in unveiling general crimes, particularly those involving intricate criminal networks. Justice collaborators offer testimony, guidance, and even assist in securing substantial evidence to bolster criminal cases currently under investigation by authorities. The primary objective of this research is to examine the overhaul of legal safeguards for justice collaborators within the Indonesian criminal justice system, aiming to facilitate the detection of general criminal activities. This research adopts a normative legal research approach with a statutory focus. The author, in addressing the research question, relies on primary legal sources, secondary legal materials, and tertiary legal references as parameters for problem resolution. For data collection, a qualitative approach was chosen, specifically emphasizing a quality assessment. Consequently, the technique employed for data collection in this study is qualitative analysis. Within this research, two pivotal issues related to reconstruction will be elucidated. First, the study will delve into the prerequisites for conferring justice collaborator status in general crimes. Second, it will explore the reconstruction of general criminal acts as actions eligible for justice collaborator involvement.

Criminological Perspectives into Intimate Partner Violence: Uncovering Commonalities between Partner Violence and General Crime

Lectio praecursoria
 Maiju Tanskasen väitöskirja ”Criminological Perspectives into Intimate Partner Violence: Uncovering Commonalities between Partner Violence and General Crime” tarkastettiin Helsingin yliopiston valtiotieteellisessä tiedekunnassa 26.5.2023. Vastaväittäjänä toimi apulaisprofessori Susanne Strand Örebron yliopistosta ja kustoksena professori Janne Kivivuori Helsingin yliopistosta. Väitöskirjan yhteenveto on luettavissa verkko-osoitteessa http://hdl.handle.net/10138/357552