Minor Crimes Research Articles

Comrades' Courts in the Soviet Period of Russian Statehood as a Form of Non-Professional Justice

The formation and development of comrades’ justice in the Soviet period of Russian statehood is associated with the implementation of the unified national concept of the court, conditioned not so much by professional justice as by the mass participation of non-professional judges from the people in court. The jurisdiction of cases heard in public courts was regulated by the relevant provisions and criminal codes, providing that these courts considered minor crimes, both by virtue of a direct indication in the law, and by way of delegation of the function of justice by the courts or the prosecutor’s office in each specific case. The activities of the comrades’ courts are divided into three periods. The first period — from 1919 to 1922 — is characterized by the disciplinary orientation of the comrades’ courts authorized to consider all violations of labor legislation. The second period — from 1928 to the beginning of the Great Patriotic War — is characterized by a variety of comrades’ and public courts that covered various spheres of economic, social and political activities, from Soviet enterprises and institutions to collective farms. Its main purpose was to free public courts from a mass of minor offenses and property disputes, as well as ensuring productivity growth and combating disruptors of production in enterprises and institutions. The third period — from the late 1950s to 1991 — set the goal of strengthening socialist democracy by involving a wide range of workers in the management of public affairs, including through comradely justice, which defined comrades’ courts as quasi-judicial bodies of public and state power, intrinsically inscribed in the concept of a socialist national state.

Study on the Type, Situation, and Cause of Juvenile Crime

The comprehensive strength of minors affects whether China can stand on the international stage for a long time in the future. The country issued several special laws and regulations and judicial interpretations about juvenile crimes, but in recent years, with China’s reform and opening up and the influence of multiple factors such as social environment, juvenile crime began to grow, the social influence and crime happens, minor crime become the main influencing factors of social unrest. To effectively prevent and reduce juvenile delinquency, it is necessary to accurately analyze and grasp the types of juvenile delinquency, crime trends, and characteristics of crime, then to dig out its internal reasons, to provide solutions to this social problem.

Comparisons and References: What Can Chinese and the US Prosecutors Learn from Each Other?

With the rapid development of the economic society, prosecutors from both China and the United States have problems that troubles themselves. For Chinese prosecutors, they are in “the era of minor crimes” in social governance, and their power seems to be limited, making it difficult to make appropriate judgments regarding individual situations. For the US prosecutors, they are not trusted due to their wide discretion and are even seen as “Leviathans” in the criminal justice system. Through comparative research, it can be found that Chinese and the US prosecutors have a broad space for mutual learning and reference. China can moderately relax the restrictions on the discretion of prosecutors and establish pre-trial diversion plans to prevent minor criminals from being punished. The United States can reform its selection system by using fair exams to prevent prosecutors from being influenced by political tendencies, racism, and other factors, so that the prosecutors can exercise their power more focused and trusted.

IMPLEMENTASI RESTORATIVE JUSTICE TINDAK PIDANA RINGAN SEBAGAI SOLUSI MENGURANGI OVERCROWDING LEMBAGA PEMASYARAKATAN DI JAWA TENGAH

This research aims to find out and analyze whether the application of restorative justice in relation to criminal acts of theft in society has been able to effectively reduce overcrowding in Central Java? The fact in correctional institutions is that there is overcrowding or it could be said that there are too many prisoners occupying one cell in a correctional institution. Problems like this can cause discomfort in correctional institutions for prisoners which can affect the mental and physical health of prisoners who live in cells that do not match capacity. which is there to be inhabited or what is known as overcrowding, then one way to reduce overcrowding is with restorative justice, namely so that minor crimes such as theft and others can be resolved amicably and not escalated in order to reduce the accumulation of prisoners which causes overcrowding in correctional institutions in the region. Central Java, By using empirical legal methodology, it is hoped that this research can find out whether the application of restorative justice in society for minor crimes can reduce overcrowding in correctional institutions in Central Java.

Wrongful Convictions with Prison Sentences in Spain

Researchers worldwide have extensively explored the factors contributing to wrongful convictions and the characteristics of individuals affected by these miscarriages of justice for over a century. Despite these global efforts, limited research has been conducted on this issue in Spain. This study seeks to address this gap. We trained coders to assess available review judgments issued by the Spanish Supreme Court from 1996 to 2022. We identified 89 cases of individuals wrongly sentenced to deprivation of liberty. Our findings indicated that 92% of those wrongfully convicted were male, with the majority having a prior criminal record. Most exonerations involved minor crimes, and 85% of individuals were sentenced to less than 4.5 years of deprivation of liberty. Professional misconduct emerged as the primary contributing factor, followed by the misapplication of forensic science, misidentifications, false testimonies, and false confessions. This project sheds light on wrongful convictions in Spain, emphasizing the need for comprehensive measures to address this issue. The current results have practical implications for justice professionals, policymakers, and legal practitioners. It is crucial to educate professionals in the judicial system on the causes of judicial errors, the biases that may influence them, and best practices to improve processes and reduce the occurrence of wrongful convictions.

The Concept of Restorative Justice in the Criminal Legal System: A Breakthrough in Legal Benefits

Historically, alternative efforts to resolve criminal cases have existed since the Dutch colonial era, even before Indonesia's independence. Currently, there are several forms of resolving criminal cases outside of court in force, namely diversion (transferring the resolution of children's cases from the criminal justice process to a process outside criminal justice in accordance with the Juvenile Criminal Justice System Law), Afkoop (as regulated in Article 82 of the Criminal Code), and Seponeren (dismissal of cases in the public interest by the Attorney General). The aim of this research is to analyze the concept of restorative justice in the criminal law system as a breakthrough in legal benefits. Approach The research method that can be used in this research is the empirical juridical approach. This approach combines a normative juridical approach with an empirical approach. Based on the analysis carried out, restorative justice can be applied in cases that cause financial loss or minor crimes. The principle of restorative justice in resolving criminal cases in Indonesia does not only depend on formal and material criminal law provisions but is also based on a broader concept of punishment. The model for implementing restorative justice in Indonesian criminal procedural law can be found through a criminal resolution mechanism that follows a legitimate legal problem resolution approach, which is reflected in the reform of the criminal justice system in Indonesia, which is based on an evaluation of the criminal justice system.

Penegakan Hukum dan Sanksi Serta Kendala pada Peraturan Daerah Kota Semarang Nomor 3 Tahun 2013 Tentang Kawasan Tanpa Rokok

Smoking is the act of inhaling tobacco smoke, which has serious impacts on health and society. Even though reduction efforts have been made, Indonesia has a high smoking prevalence rate. No-Smoking Areas are regulated by Law Number 3 of 2013. Challenges in enforcing the rules arise in public places, with a lack of awareness and supervision. This research highlights the obstacles and effectiveness of law enforcement by Satpol PP in Semarang City regarding Regional Regulation Number 3 of 2013 concerning No-Smoking Areas. This research uses qualitative methods to explain the interactions between researchers and respondents. Research parameters include analysis and description. The data source is secondary data from primary and secondary legal materials. Data collection methods involve interviews, observation, literature study, and documentation. Data is presented in narrative form, and data analysis uses a qualitative normative approach. The research focuses on enforcing no-smoking area rules in the city of Semarang. Semarang, capital of Central Java, Indonesia. The research highlights the enforcement of Semarang City Regional Regulation Number 3 of 2013 concerning No-Smoking Areas. Routine Satpol PP outreach in schools, public places, offices and tourist attractions increases public awareness. Sanctions include warnings, statements that you will not smoke, and sanctions for minor crimes. The main obstacles involve societal ignorance and a lack of human resources. However, increased awareness since 2017 shows positive progress. This research concludes that the implementation of Semarang City Regional Regulation Number 3 of 2013 concerning No-Smoking Areas has succeeded in increasing public awareness through routine Satpol PP outreach. Sanctions are applied systematically and progressively, in accordance with regulations, with the potential to reduce tobacco consumption. The main obstacle involves community ignorance, requiring cooperation from the government, Satpol PP, Non-Governmental Organizations, and communities to increase understanding and compliance. Suggestions involve stronger synergies, comprehensive implementation methods, and active cooperation to achieve efficient and sustainable smoke-free areas in Semarang City.

Public perceptions of courts and cooperation with police

The police depend upon public cooperation to effectively control crime. Understanding factors that impact people’s willingness to cooperate with the police is thus an important area of empirical research. Drawing upon survey data from a sample of adults (N = 364), we employ a series of regression models to explore the relationship between participants’ perceptions of courts and their willingness to cooperate with the police. Our analyses reveal that participants’ perceptions of courts are associated with their willingness to report crime to the police, particularly minor crime, but not their willingness to assist the police if asked. We discuss our results with respect to discretionary crime reporting, the measurement of cooperation with police, and the nature of interventions aimed at enhancing criminal justice perceptions.

Statute of Limitation on Corruption-Related Offences: International Experience

The article examines international experience in establishing the statute of limitations for corruption offences depending on the category of crime, as well as in calculating the statute of limitations based on the scale of the corruption crime and the public danger. In the current policy of Mongolia, especially in view of the loss of differentiation between serious and minor crimes in determining the statute of limitations, the theoretical concepts of this process remain unclear, which is the subject of consideration and scientific analysis from the point of view of legal regulation.

Trial in Absentia in Ethiopia: Legal and Practical Appraisal

The trial of a criminal charge may be held in absentia if the accused, duly summoned, fails to appear totally or after s/he was initially present when the trial begins. Ethiopia’s Criminal Procedure restricts trial in absentia to grave crimes and specific fiscal crimes. It also has procedures for summons and retrial. However, it lacks sufficient clarity about issues relating to the partial absence of the accused, the requirement of personal summons, setting aside sentences imposed in absentia, the possibility of rehearing if a defendant fails to appear in appeals by the prosecution and whether an accused may choose representation by defense counsel than standing trial in person. The Cassation Division of the Federal Supreme Court has continued giving binding interpretations that expand the scope of trial in absentia even for minor crimes precluding retrial. Having examined relevant literature and comparative experience, it is suggested that express provisions that address these gaps need to be embodied in the Draft Criminal Procedure and Evidence Law. The Cassation Division should also reconsider its binding interpretations in light of restricting the scope of trial in absentia and towards allowing retrial in cases the accused’s absence for good cause.

Penerapan Keadilan Restoratif Dalam Tindak Pidana Lalu Lintas

Introduction: The traffic accident that happened to DH (18), a member of the community from Laha Village, Teluk Ambon District, was declared dead after the motorcycle he was driving was hit by a car driven by an RT is a crime that is not a minor crime as stated in the State Police Regulations Republic of Indonesia Number 8 of 2021 concerning the Handling of Crimes Based on Restorative Justice, however this case was resolved peacefully, and investigators stopped the legal process.Purposes of the Research: The research objective at this writing is to examine and discuss the concept of restorative justice in the criminal justice system. Reviewing and discussing restorative justice that can be applied to traffic crimes that result in the death of victims.Methods of the Research: The research method used is empirical juridical research, which is a type of research used to look at legal aspects of social interaction in society.Results of the Research: The concept of Restorative Justice is applied in the Criminal Justice System, for example the National Police Uses the National Police to issue a Circular of the Chief of Police Number: SE/8/VII/2018 dated 27 July 2018 in order to realize the public interest and a sense of justice for people who do not yet have a legal basis and can be used as a guideline for its implementation and in order to realize the non-uniform understanding and application of restorative justice within the Police. In its development, the National Police issued Republic of Indonesia National Police Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice. Restorative Justice can be applied in Traffic Crimes that result in the victim dying, using the basis of the Chief of Police Circular Letter Number: SE/8/VII/2018 which is then amended by Republic of Indonesia National Police Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice, and Article 236 of Law Number 22 of 2009 concerning Road Traffic and Transportation, as the basis for application.

Penegakan Hukum dan Sanksi Serta Kendala pada Peraturan Daerah Kota Semarang Nomor 3 Tahun 2013 Tentang Kawasan Tanpa Rokok

Smoking is the act of inhaling tobacco smoke, which has serious impacts on health and society. Even though reduction efforts have been made, Indonesia has a high smoking prevalence rate. No-Smoking Areas are regulated by Law Number 3 of 2013. Challenges in enforcing the rules arise in public places, with a lack of awareness and supervision. This research highlights the obstacles and effectiveness of law enforcement by Satpol PP in Semarang City regarding Regional Regulation Number 3 of 2013 concerning No-Smoking Areas. This research uses qualitative methods to explain the interactions between researchers and respondents. Research parameters include analysis and description. The data source is secondary data from primary and secondary legal materials. Data collection methods involve interviews, observation, literature study, and documentation. Data is presented in narrative form, and data analysis uses a qualitative normative approach. The research focuses on enforcing no-smoking area rules in the city of Semarang. Semarang, capital of Central Java, Indonesia. The research highlights the enforcement of Semarang City Regional Regulation Number 3 of 2013 concerning No-Smoking Areas. Routine Satpol PP outreach in schools, public places, offices and tourist attractions increases public awareness. Sanctions include warnings, statements that you will not smoke, and sanctions for minor crimes. The main obstacles involve societal ignorance and a lack of human resources. However, increased awareness since 2017 shows positive progress. This research concludes that the implementation of Semarang City Regional Regulation Number 3 of 2013 concerning No-Smoking Areas has succeeded in increasing public awareness through routine Satpol PP outreach. Sanctions are applied systematically and progressively, in accordance with regulations, with the potential to reduce tobacco consumption. The main obstacle involves community ignorance, requiring cooperation from the government, Satpol PP, Non-Governmental Organizations, and communities to increase understanding and compliance. Suggestions involve stronger synergies, comprehensive implementation methods, and active cooperation to achieve efficient and sustainable smoke-free areas in Semarang City.

Studying Parole Revocation Practices: Accounting for Dependency Between Competing Events.

When individuals are released from prison, they typically enter a period of post confinement community supervision. While under community supervision, their behaviors are subject to special conditions requiring them to report to supervisors and prohibiting certain behaviors such as drug and alcohol use. Many supervisees are returned to prison because they violate those special conditions, or because they commit minor crimes that would not result in prison were they not being supervised. But others are returned to prison for serious new crimes. We distinguish the two as nuisance behaviors (the former) and pernicious behaviors (the latter). Our research applies competing events survival analysis to distinguish a structural model that accounts for nuisance behaviors from a structural model that accounts for pernicious behaviors. We demonstrate that returning offenders to prison for technical violations and minor crimes may reduce the incidence of major crimes because the occurrence of nuisance behaviors and pernicious behaviors are highly correlated. Our findings support the theory that nuisance behaviors signal the likelihood of pernicious behaviors.

DISCIPLINARY RESPONSIBILITY AND TRIAL IN THE UKRAINIAN INSURGENT ARMY (1943 – 1947)

The purpose of the article is to study the peculiarities of the formation of the basic principles of disciplinary responsibility and the organization of judicial proceedings in the Ukrainian Insurgent Army (1943 – 1947). The research methodology is based on the principles of scientificity, systematicity, general scientific (analysis, synthesis) and special-historical (historical-typological, historical-systemic, historical-comparative) methods and methods of criticism of historical sources. The scientific novelty lies in the fact that, on the basis of unknown and little-known sources, a comprehensive study of judicial and disciplinary practice in the Ukrainian Insurgent Army (1943 – 1947) was conducted. Conclusions. Thus, the Principles of Judicial and Disciplinary Practice in the Ukrainian Insurgent Army were initiated in the summer of 1943 in the territories of Volyn and Western Polissia. At the end of the same year, the insurgent judiciary spread to Galicia and the neighboring territories of eastern Poland and Slovakia. The main judicial and disciplinary bodies in the units of the UPA were “Field Courts”. If necessary, they convened at every hundred. It was assumed that one of the three judges of the “Field Court” would hold a position not lower than the level of centurion, the second – squad leader. Sentences were handed down on the basis of the “UPA Disciplinary Statute”. In it, crimes were divided into light and serious. The latter included: treason, vandalism, failure to comply with an order that led to significant losses, repeated desertion. Those accused of serious crimes were mostly executed. The commander of the relevant rebel unit approved the verdict of the “Field Court”. “Cossack courts” usually dealt with minor crimes. They were summoned by the commanders of insurgent units in case of: drunkenness, failure to comply with an order without serious consequences, minor thefts. The sentences were: sending to the “penal departments”, “criminal arrest”, “shompoling” in front of the line, “standing under the gun” or “falling of fates” on command. In case of repeated prosecution, the punishment was increased up to and including execution

The Penalty System for Minor Crime in Realizing the Values of Pancasila Justice

Minor crimes can still be handled using the concept of a restorative justice approach. Restorative justice has an implementation method by means of penal mediation or by diversion of criminal acts. Penal mediation is used in handling ordinary crimes, in the sense that it is carried out by adults, while the use of diversion is carried out in cases involving children and is in the Children's Court. The problem in this research is how the punishment system for minor crimes is based on Pancasila justice. The research method uses a constructivist paradigm, with a social legal research approach method, and a descriptive research type. Types and sources of data use secondary materials in the form of primary legal materials, secondary legal materials and tertiary legal materials. Data collection methods use literature and qualitative analysis methods. The results of the research are that the punishment system for minor crimes is not yet fair, legal action is still carried out procedurally. One effort that can be made is a policy approach to resolving minor crimes (Tipiring) through restorative justice; so it is necessary to reconstruct the Regulations on Light Crimes Based on Pancasila Justice, namely in the Criminal Procedure Code (KUHAP), in Article 205 Paragraph 1 and the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution.

Concept and content of probation in criminal legislation

This article is dedicated to analyzing the concept and legal nature of probation in Ukrainian criminal legislation. The study focuses on understanding probation as a form of criminal-legal influence that combines elements of punishment and opportunities for rehabilitation for the convicted. Considering the historical context and contemporary realities of criminal legislation, the author examines the evolution of the probation institute, from the release from punishment for minor crimes in the pre-revolutionary period to conditional sentencing and suspension of the sentence in independent Ukraine. Particular attention is given to the changes that occurred following the adoption of the Criminal Code of Ukraine in 2001, which marked a significant expansion of non-custodial punishments and defined new legal frameworks for probation. The article also explores various legal interpretations and scientific approaches to defining the essence of probation, emphasizing its ambiguity and complexity. The article analyzes the concept of «probation» in the context of criminal legislation, taking into account the perspectives of prominent scholars. The author aims to investigate the essence of this term, its object, and the subject of regulation in criminal legislation. It is revealed that the institution of probation in Ukraine developed less intensively compared to Western countries, with its formation commencing with the adoption of the Criminal Code of Ukraine in 2001. The article highlights the stages of the establishment and development of the probationary system in independent Ukraine, emphasizing the transition to a new approach to penalties not associated with imprisonment.
 The study scrutinizes the institution of criminal law in Ukraine - release from punishment and its serving, particularly in the context of conditional releases. Section XII of the Criminal Code of Ukraine examines various forms of release. Special attention is given to conditional releases linked to the fulfillment of specific requirements during the probationary period. The article elucidates the procedure for applying release from punishment with probation, emphasizing the role of the court and the obligations of the convicted individual. It notes that different human rights advocates have different interpretations of the term «probation.»

Kedudukan Hukum Perma Nomor 2 Tahun 2012 dalam Mengefektivkan Pidana Denda pada Perkara Pencurian Ringan

The story of grandmother Minah who was tried for stealing three cocoa beans, or Basar and Kholil who were brought to trial for stealing a watermelon and a child with the initials AP (age 13) who was charged with stealing a bucket rope is a case of theft with a relatively small economic loss. Conditions at the same time became a contrast, when corruptors stealing large amounts of state money were only given too light sentences. Supreme Court Regulation of the Republic of Indonesia number 2 of 2012 addresses the discrepancy between the limitations of minor crimes and the amount of fines in the Criminal Code with the development of the dynamics of a society whose sense of justice is disturbed and various statutory regulations are no longer according to law in society. This normative juridical research aims to determine the capacity of PERMA No. 2 of 2012 in the legal hierarchies under the Criminal Code, especially in the criminal case of petty theft. Research findings in terms of effectiveness, fines are less effective when compared to prison sentences, especially in terms of the deterrent effect on convicts, because fines can be paid by other people.

FAIR TRIAL SOCIALIZATION FOR CHILDREN IN TROUBLE WITH THE LAW AT SPECIAL CLASS GUIDANCE INSTITUTION FOR CHILDREN (LPKA) CLASS I TANGERANG

A method of limiting government intervention in crime. The social control of crime model is implemented through the deinstitutionalization of minor crimes, the transition of the formal justice procedure to informal guidance, and the decriminalisation of minor offences. The criminal justice system is separated from the perpetrator. To minimise stigma or being labelled as a criminal, law enforcement officers' roles are minimised as much as possible. Mediation, distraction, and social punishments are among the programmes being tested. Instead of enduring a formal court process, this model is thought only to increase the elasticity of coaching towards perpetrators (widening the net) (Siegel, 2011: 407). Children cannot be sentenced to death or life imprisonment under Indonesian law, which is unequivocally stated. In total, the prohibition on imposing death and life sentences on children is written in three statutory regulations: Article 66 paragraph (2) of Law Number 39 of 1999 concerning Human Rights, Article 3 letter (f) of Law Number 11 of 2012 concerning Systems Juvenile Criminal Justice (UU SPPA), and Article 64 letter (f) of Law 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. There is no maximum age limit in Indonesian legislation for those facing the death penalty; Indonesia solely governs the minimum age for imposing the death penalty, which is 18 years of age for children.

Dampak Penggunaan Peradilan Formal Dalam Penyelesaian Tindak Pidana Ringan Dan Alternatif Penyelesaiannya

Criminal policies carried out through formal justice have given rise to various criticisms in society, especially towards minor crimes (TIPIRING), because the use of formal criminal justice in TIPIRING has an impact, both on relations between parties, on society and on state expenditure. Taking into account that formal judicial power is in the hands of the state and in social reality there is a resolution of minor crimes carried out by the community based on local wisdom and international developments that require the use of restorative justice in resolving crimes, the idea of a reintegrative resolution for minor crimes was raised. This reintegrative model is a rational effort to resolve minor crimes by utilizing local wisdom together with the structure of the criminal justice system and is based on the principles of restorative justice. The concept promoted by the reintegrative model is to repair damaged relationships as a result of criminal acts. The work pattern does not use criminal justice (non-penal), but rather brings together the parties involved in minor crimes, and the resolution uses mediators or facilitators. Through a normative type of research with a concept and principle approach, it is hoped that concrete understanding results can be obtained that this issue is interesting to discuss.

"It wasn't me, check the cameras!" Suspects' apparent verifiable responses might not indicate innocence.

The verifiability of a suspect's alibi is often interpreted as a sign of innocence. Because the police resources are limited, verifiability could be used to dismiss suspects of minor offenses. We examined whether alibi verifiability actually indicates innocence for minor crimes. In Experiment 1, participants imagined they were guilty or innocent suspects of minor crimes and selected a response to convince the police of their innocence. Compared to innocent suspects, guilty suspects were more likely to select pseudo-verifiable responses (which seemed verifiable but were not) rather than non-verifiable responses. Experiment 2 revealed that pseudo-verifiable responses increased observers' perceptions of innocence (rather than guilt). Experiment 3 suggested that people infer the police will not verify alibis of minor crimes, which may lead people to invent pseudo-verifiable responses. These results indicate that apparent verifiability does not necessarily indicate innocence. The police should systematically test alternative hypotheses whenever they encounter apparent verifiable responses.