Law Enforcement Authorities Research Articles

A novel paper‐based microfluidic device and UV‐visible spectroscopy coupled method for the field detection and analysis of seized marijuana samples

AbstractCannabis is recorded to be the most used drug in the world. This causes a lot of difficulties for developing countries to curb the illegal cultivation, sale, and use of cannabis. The main psychoactive component of the cannabis plant is D9‐tetrahydrocannabinol (THC). The introduction of mobile forensic labs has greatly increased the testing efficiency of psychotropic substances, but the traditional methods of analysis might seem to be cumbersome for the individual experimenting with the scene of seizure. The incorporation of portable analytical devices in forensic field analysis is the approach in the right direction for the testing of drugs. In this paper, we introduce a paper‐based microfluidic device for the onsite detection of marijuana. The device comprises the fast blue B reagent (FBB) as the main reagent. The µPAD was used for the successful detection of seized marijuana. The µPAD‐based detection was combined with a UV‐Vis spectroscopic confirmation. The computational modeling of the absorbance spectra gave further insights into the product formation during the reaction of THC and FBB. This novel method helps in a faster analysis of marijuana, at a considerably lower cost; which is a great boost to the forensic community and the law enforcement authority.

Актуальные проблемы сохранения балобана в республике Казахстан

Актуальные проблемы сохранения балобана в республике Казахстан

Abuse of power by law enforcement authorities in India with reference to human rights violation - a legal analysis

Abuse of power by law enforcement authorities in India with reference to human rights violation - a legal analysis

Clinical Practice Guidelines for Assessment and Management of Patients with Substance Intoxication Presenting to the Emergency Department.

Clinical Practice Guidelines for Assessment and Management of Patients with Substance Intoxication Presenting to the Emergency Department.

Transparency and Corruption Prevention in Financing Climate Action

The article summarises the arguments and counter-arguments within the scientific debate on enchancing the climate finance transparency. The main purpose of this study is to investigate the mechanism of climate finance and identify the key challenges that hinder the effective climate fund monitoring system. The relevance of addressing this research problem is due to the fact that the largest recipients of international climate finance are countries with high corruption risks, low standards in protection human rights, low trust in law enforcement and judicial authorities, etc. Therefore, the reporting and the quality of the reports prepared on the funds received under international assistance programmes is an important component of establishing long-term relations and trust between donor-countries or receipient-countries. The article examines the issue of climate finance transparency in the following logical sequence: analysed scientific publications on the issues of transparency and corruption in climate finance, examined the institutional mechanism of global climate finance, analysed the scale of climate finance in the world, and identified the main challenges in improving the transparency and efficiency of climate funds. The study was conducted using empirical (observation, description) and theoretical (grouping, synthesis, abstraction) research methods. The paper substantiates that the strengheting transparency of climate finance in developing countries requires a comprehensive approach - on the one hand, improving the level of justice, judiciary, enchancing the work of local regulatory authorities, developing legislation in recipient countries of international financial assistance, and on the other hand, improving the methodology of integrated accounting and reporting on the receipt and use of climate funds, as well as tracking the effects of project implementation. The study found that the key challenges that hinder the formation of an effective climate funds monitoring system are: a data collection and reporting system, an accounting and reporting system, and a coordination system.

Wybrane aspekty wdrażania i wykorzystania w praktyce nowych rozwiązań kryminalistycznych

Technological progress creates new human living environment and exerts significant influence on its actions, including criminal activities. It is the responsibility of the law enforcement authorities to constantly improve the technical and tactical methods of crime detection. As a consequence, attention is directed towards forensic sciences. Improving technical and tactical solutions is part of ist tasks. Forensic sciences are not passive in the face of expectations regarding the improvement of personal identification methods, as well as other solutions (investigative tools, equipment of forensics). The conducted research projects clearly prove that. Other issue is the process of implementing new solutions, which is often time-consuming and costly. The often skeptical way of perceiving way new achievments by representatives of criminal process does not make the task easier. Generally, successful implementation is determined by many factors. Technical features of the new solutions are certainly important but legal and ethical requirements are also relevant.

Essence and forms of counteraction of organized criminal groups to law enforcement authorities

Essence and forms of counteraction of organized criminal groups to law enforcement authorities

Individual Tolerance to Acute Ethanol Intoxication

Relevance: In order to figure out the cause of death and present the evidences to the court, law enforcement authorities instructed forensic medicine experts to carried out differential diagnosis, by using the posthumous exogenous alcoholemia to differentiated between the severity of acute ethanol intoxication, and death caused by alcohol poisoning. However, the experts are difficult to carried out the assessment to determine the severity of alcohol intoxication, even using the following criteria: exogenous alcoholemia level, signs of conditionally fatal ethanol poisoning with trauma. There are differences in the ethanoloxidizing dehydrogenase enzymatic activity, make it easier to determine individual ethanol tolerance, which can be used for forensic medical substantiation to determine severity of acute alcohol intoxication and fatal ethanol poisoning. Purpose of the Study: We carried out the research by evaluating the severity of the acute alcohol intoxication, by taking into account the blood ethanol concentration level and the death caused by the fatal ethanol poisoning; we use the 2 indicators of the ethanol- oxidizing enzymatic activity, which are the alcohol dehydrogenase in liver, and acetaldehyde dehydrogenase in the brain. Material and Methods: Forensic medical experts using 72 corpses to carried out the research, we had identified ethanoloxidizing enzymatic activities in the brain stem and liver and divided into 3 observation groups : Group I – death from fatal ethanol poisoning (FEP) with blood ethanol concentration between the range from 3.0 to 5.3 g/L (22 cases); Group II – death caused by car accidents as the drivers who are having severe ethanol intoxication with vehicle’s mechanical damage, the blood ethanol concentration between the range from 3.0 to 4.8 g/L (25 cases); Group III (controlled group) – death caused by car accidents with vehicle’s mechanical damage without exogenous alcoholemia (25 cases). Results: In the fatal ethanol poisoning group, we compared with the controlled group, there are decrease in enzymatic activities, and there were significant statistically decreases (P<0.05). When comparing these enzymatic activities between IInd and IIIrd group , there were no significant statistically differences (P>0.05).

Critical Insights into The Attributes of An Effective Board of Directors as A Deterrent to Corporate Fraud

This paper examined the characteristics of board of directors that are effective in mitigating corporate frauds by critically reviewing findings from previous and recent studies. The board of directors’ roles are first assessed in order to investigate their statutory duties and responsibilities, which will influence their governing actions to implement and enforce monitoring and disciplining measures to prevent misconduct and malpractice. The gender diversity of board members, corporate experience, independence, and frequency of board meetings are key board authorities, reputation, and influence in controlling fraudulent conduct in organisations. The establishment of specific law enforcement authorities and laws, specifically the Anti-Corruption Commission, the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities, the Penal Code, and the Companies Act, are critical components in ensuring that fraudulent activities are prevented

Проблемы использования в доказывании по уголовному делу результатов оперативного эксперимента и проверочной закупки

The study presents the concept of the special evidentiary value of the results of operational experiments and test purchases. This is due to the fact that these actions reflect a criminal event carried out under the control of law enforcement authorities. To dispel doubts about the admissibility of documented results of such operational measures, a legal standard for their conduct is developed. Unlike sectoral developments regarding such a legal standard, an interdisciplinary legal standard is proposed. It includes criminal procedural norms, norms of criminal investigative law, as well as judicial precedents. Compliance with this standard should guarantee the admissibility of using the results of these operational measures in criminal procedural evidence. Simultaneously, the rights of individuals implicated in the commission of a crime must be ensured. The material-legal and procedural components of the standard for the lawful conduct of operational experiments and test purchases are analyzed. A material-legal criterion for distinguishing lawful operational experiments and test purchases from entrapment is formulated. Criteria for the procedural component of this legal standard are provided. In conclusion, a synthesis of all analyzed components is made in the form of a comprehensive standard for the activities of law enforcement authorities, preliminary investigation bodies, and prosecutors in forming evidence of charges from the results of operational experiments and test purchases. The conclusions drawn can be used in the field of operational and investigative activities and criminal procedural evidence to eliminate legal uncertainty and increase the effectiveness of prosecuting individuals who have committed serious, covert crimes. Additionally, it may reduce the professional risk for operational personnel authorized to conduct these activities.

The Metaverse as a potential threat to democracy: virtual world, real consequence

The Metaverse, with its growing popularity, may significantly change the ways in which individuals and institutions use the Internet in the future. Several private companies and public institutions have already decided to open virtual headquarters to respond to the growing demand of customers. However, new opportunities are associated with many legal, social, and psychological challenges, and the problem of the extensive use of virtual reality must be considered in a multidimensional, interconnected way. The development of the Metaverse in the form proposed by the proponents of the new technology might lead to blurring of the boundaries between the real and virtual worlds. The potential transfer of a significant part of life to virtual reality requires pre‑emptive actions on the part of legislators and law enforcement authorities to prepare for the inevitable: the use of yet another channel of action for cybercrime. The aim of this article is to draw attention to the threats to democracy, security and privacy that might be associated with the development of the Metaverse and to discuss the ongoing national and international debates regarding the political and legal problems connected to the Metaverse. A careful analysis of both the threats and the debates allows for an informed response to the multidimensional challenges stemming from development of the Metaverse and helps to identify which institutions should play a key role in shaping this response.

Deeply embedded core normative values and their relationship with perceptions of legitimacy

Abstract This article presents a tailored research tool developed to explore and test the recent theory of deeply embedded core normative values, which asserts that beliefs about the legitimacy of law-enforcement authorities derive in part from profound cultural orientations through which individuals act in and interpret the world. The model is based on a typology of four core normative value systems, namely religious–traditional, liberal, republican–communitarian, and ethno-national, which are associated in different ways with legitimacy. We first conducted in-depth interviews with 45 participants to develop the research tool (questionnaire), then performed a large-scale representative survey among 1,617 Israeli respondents. The findings support the main premises of the model. They show that liberal, republican–communitarian, and religious–traditional values have significant associations with two measures of legitimacy (trust and obligation to obey the police), and that these associations generally hold beyond perceptions of police conduct and performance.

Instruments Inducing the Cooperation of Members of Organised Criminal Groups with Law Enforcement Authorities in Polish Criminal Law – Article 60(3) and Article 259 of the Polish Criminal Code

The article is devoted to the analysis of instruments used to induce cooperation of members of organised criminal groups with law enforcement authorities. The most important regulations relating to this problem in terms of substantive criminal law are Article 60(3) and Article 259 of the Criminal Code. The article presents selected problems of interpretation of both provisions, the problem of their possible concurrence and also indicates the reasons why particularly Article 259 of the CC, despite the fact that it provides for complete impunity of the perpetrator, is not very often used in practice. This is because the benefits offered by it do not cover, which is fully justified, individual offences committed by an offender who is a member of a criminal group. Attention was also drawn to other criminal law and procedural institutions with similar functions, including in particular the institution of a crown witness.

The Moderating Role of Natural Resources Between Fiscal Decentralization, Government Internal Audit, Law Enforcement and Corruption: Evidence from Indonesian Local Government

This research is a quantitative study which aims to examine the level of corruption in the Indo- nesian local government with its influencing determinants, namely fiscal decentralization, gov- ernment internal audit, and law enforcement and natural resources as moderating variables. The population in this study is the district and city governments in Indonesia. The sample in this study consisted of 81 district governments and 33 city governments based on the purposive sampling method with the criteria of district and city governments having permanent legal force corruption cases in 2019. Testing the hypothesis in this study using Moderated Regression Analysis (MRA) with the SPSS Version 24 program. The results showed that fiscal decentralization had a significant effect on the level of corruption, government internal audit and law enforcement had no significant ef- fect on the level of corruption, natural resources had a significant effect on moderating the effect of fiscal decentralization on the level of corruption. This research was conducted to examine and analyze the factors that can influence the level of corruption in local governments. In addition, with this research, it can be seen how local governments carry out their government affairs and the role of local governments in suppressing the level of corruption.

MANIPULATION OF THE TRANSFER OF INFORMATION ON THE EXAMPLE OF THE ACTIVITIES OF POLISH LAW ENFORCEMENT AGENCIES

Manipulation as a way of influencing a person has a negative connotation due to the techniques and methods of influence used, as well as instrumentalism in the manipulators relationship with the person subjected to manipulation. This also applies to the manipulation of information. Nevertheless, in terms of investigations and actions taken by law enforcement agencies, information manipulation gains a new dimension, as it often leads to the disclosure of the truth and detection of the perpetrator of the crime. In addition, the manipulation of information is used in the mass media and serves to calm the public and restore public order. The purpose of this article is to present information manipulation as one of the ways in which law enforcement agencies operate. The approach to the above topic requires first defining what manipulation is, and then characterizing the tasks and specificity of the activities of law enforcement agencies. The essence of the article includes a description of the use of information manipulation in the work of, inter alia, services such as the police and the prosecutors office, along with an analysis of the rightness of such actions and the presentation of the above case on selected examples. The research problem raised in the study concerned the use of information by law enforcement services to manipulate the message in order to obtain benefits related to the investigation. It was found that the deliberate manipulation of information by the Polish law enforcement authorities allows to obtain tangible benefits in the form of obtaining information about the perpetrators of crimes, the circumstances of their commission, as well as the detection of motives that led to the commission of the crime. An important aspect of information manipulation by Polish law enforcement agencies is the possibility of reassuring the public opinion by making available only such information that will not arouse panic and social unrest.

AI-based Law Enforcement Online: The Impact of the European Artificial Intelligence Act (AIA)


 
 
 The article addresses provisions of the AIA affecting law enforcement authorities (‘LEA’), particularly the implications on crime prevention and investigation online. The analysis demonstrates that online, LE officers have fewer means for meaningful presence and intervention against crime than in the physical domain. This calls for a nuanced approach in the regulation of LEAs’ use of AI, to ensure that the AIA does not impede LE online. The proposal by IMCO/LIBE of the European Parliament, for a blanket prohibition against predictive policing thus seems too sweeping. The analysis further criticises that the restriction on LE use of biometric identification systems in publicly accessible spaces is not applicable to publicly accessible spaces online. It concludes that the provisions relevant to LE need improvement to ensure legal certainty and that needs for effective LE online are catered for.
 
 

The potential of money laundering in the regent election in Indonesia

Advances in information technology and globalization processes make it easier for transnational criminal groups to use the legitimate economy to disguise their operations and facilitate the rapid transfer of proceeds of crime to avoid investigation by law enforcement authorities. One of the prominent activities of organized crime is profiting from the illicit drug trade, corruption, or other results obtained or obtained, either directly or indirectly, through the execution of crimes that occur in the global financial system. This methodology makes the transaction appear as a legal business. Therefore, efforts to eradicate money laundering are a dynamic process, moreover, organized crime perpetrators are constantly looking for new ways to carry out their illegal goals. Money launderers also have the opportunity to submit their financial contributions for local elections (Pilkada). The practice of money laundering in elections is very likely to occur due to conditions that trigger opportunities for organized crime groups to launder money.How to cite item: Amrullah, M.A., (2022). The potential of money laundering in the regent election in Indonesia. Jurnal Cakrawala Hukum, 13(3)231-241. doi:10.26905/idjch.v13i3.8856.

Legal Aspects of the EncroChat Operation: A Human Rights Perspective

Abstract In the EncroChat operation, French law enforcement authorities collected over 120 million messages from 60.000 EncroChat users. They cooperated with Dutch law enforcement authorities and Europol in a Joint Investigation Team. In the Netherlands, EncroChat data has already been used in over 200 criminal cases. This article examines what lessons can be learned from the Dutch experience with the EncroChat operation from a human rights perspective, in particular the right to a fair trial.

Methodological recommendations for the identification and assessment of fraud's risks by an auditor

Today, the quite actual issue is the identification and assessment of fraud’s risks by an auditor in his audit activity performing. Fraud’s risk assessment is aimed at proactively eliminating business vulnerability to internal and external fraud. For an effective assessment, it is worth paying attention to the International Standards on Auditing (ISA), in particular ISA 200, ISA 240 and ISA 315, which provide the main qualifying fraud’s indicators and methods of their detection. In the audit performing the leading place is occupied by the correct assessment of the management personnel’s response on fraud’s risk factors, because such factors acquire real determinants of misconduct as a result of their assessment by specific subjects from among management personnel. That is why, in these methodological recommendations, it is proposed to consider the key questions for an auditor's effective assessment of management personnel's response on fraud’s risk factors, which include nine consecutive points. Based on such knowledge, an auditor can express a hypothetical judgment based on professional skepticism on the presence of version fraud. They are subject of verification by obtaining relevant evidence that confirms or refutes them. If the fact of fraud is discovered, it should be noted that an auditor is not authorized to provide the official legal opinion. But he is obliged to report the discovered distortions of financial statements due to fraud to the highest management and law enforcement authorities. An auditor 's procedure for detecting and assessing fraud’s risks should also be considered. This procedure includes six main stages, which are divided into stages only conditionally, since the performing the audit procedures is interconnected and can be carried out at different stages. This procedure includes acceptance of the client, planning of the general strategy and general audit plan, risk assessment (intertwined with the general strategy), detailed audit plan, performance of substantive audit procedures and analysis of detected distortions, final procedures.

Methodological recommendations for the identification and assessment of fraud's risks by an auditor (Ukrainian version)

Today, the quite actual issue is the identification and assessment of fraud’s risks by an auditor in his audit activity performing. Fraud’s risk assessment is aimed at proactively eliminating business vulnerability to internal and external fraud. For an effective assessment, it is worth paying attention to the International Standards on Auditing (ISA), in particular ISA 200, ISA 240 and ISA 315, which provide the main qualifying fraud’s indicators and methods of their detection. In the audit performing the leading place is occupied by the correct assessment of the management personnel’s response on fraud’s risk factors, because such factors acquire real determinants of misconduct as a result of their assessment by specific subjects from among management personnel. That is why, in these methodological recommendations, it is proposed to consider the key questions for an auditor 's effective assessment of management personnel's response on fraud’s risk factors, which include nine consecutive points. Based on such knowledge, an auditor can express a hypothetical judgment based on professional skepticism on the presence of version fraud. They are subject of verification by obtaining relevant evidence that confirms or refutes them. If the fact of fraud is discovered, it should be noted that an auditor is not authorized to provide the official legal opinion. But he is obliged to report the discovered distortions of financial statements due to fraud to the highest management and law enforcement authorities. An auditor's procedure for detecting and assessing fraud’s risks should also be considered. This procedure includes six main stages, which are divided into stages only conditionally, since the performing the audit procedures is interconnected and can be carried out at different stages. This procedure includes acceptance of the client, planning of the general strategy and general audit plan, risk assessment (intertwined with the general strategy), detailed audit plan, performance of substantive audit procedures and analysis of detected distortions, final procedures.