Minor Offenses Research Articles

Abusive litigation in China: comparative insights and practical approaches for reform

This article provides a comprehensive examination of abusive litigation in both civil and criminal cases in China, focusing on its forms and impacts. It proposes nuanced regulatory approaches that emphasize the importance of identifying responsible parties and implementing appropriate compensation measures. In the Chinese legal system, abusive litigation varies by context. In civil cases, it often manifests as actions that clog the courts and drain legal resources, raising concerns about lawyer accountability and the financial burdens on victims. Although frequently discussed in Chinese literature, the above topic has seen limited comparative analysis, despite similar problems existing across different jurisdictions and a clear need for mutual learning. The article suggests that, in civil cases, insights from English and Dutch law could assist Chinese regulators in reducing incentives for lawyers to pursue unmeritorious or abusive cases and improving compensation for victims. In the criminal law context, abusive litigation is more prevalent in minor offenses in China, primarily due to issues related to the public power structure. The proposal emphasizes the need to optimize power distribution within the Chinese legal system, thereby safeguarding the integrity of the law and upholding human rights.

Screening for STIs among criminal legal system involved youth of color in community settings

BackgroundSexually transmitted infections are a significant, and growing, public health problem in this country – particularly among youth. Innovative strategies are needed to reduce the community burden of infection. Preliminary studies indicate that individuals involved in the criminal legal system have high rates of infection. While gaps exist in providing screening for incarcerated individuals, there are minimal efforts that have been initiated to screen individuals diverted from incarceration. In this study, we examined the STI risk profile and feasibility of screening for sexually transmitted infections for youth who were attending an alternative sentencing program after arrest for a minor offense. Youth were screened for chlamydia and gonorrhea using urine-based nucleic acid amplification tests.ResultsOf the 307 participants engaged in a program providing supportive services for criminal legal system involved youth at the Brooklyn Court House in New York City, 186 agreed to screening for sexually transmitted infections, and 8% were positive for chlamydia, gonorrhea, or both.ConclusionsScreening programs within carceral settings have proven effective in identifying individuals with STIs. However, with policy changes diverting more young people away from incarceration and into community-based programs, innovative programs are needed to identify STIs among youth in these settings. Our findings indicate that it is feasible to conduct venue-based screening in these settings, and, doing so may identify youth in need of treatment and further evaluation.

<b>ANALISIS YURIDIS TERHADAP PELAKU PENJATUHAN TINDAK PIDANA PENCEMARAN NAMA BAIK CALON ANGGOTAN DPRD (PUTUSAN NOMOR 81/PID.SUS/2021/PN SGT)</b>

The rapid advancement of technology facilitates social interactions from the physical world to the digital realm, making it accessible to everyone, including criminal offenses like defamation on social media. The research questions are: 1) Do the elements of defamation against a prospective council member in Verdict No. 81/Pid.Sus/2021/PN Sgt comply with Article 45 in conjunction with Article 27 Paragraph 3 of the ITE Law and Article 315 of the Penal Code for minor offenses? 2) Is the two-month sentence imposed by the judge in line with the sentencing objectives under the Penal Code in Verdict No. 81/Pid.Sus/2021/PN Sgt? This research employs a normative method with secondary data, using descriptive-analytical techniques analyzed qualitatively with deductive reasoning. The findings indicate that the crime's elements do not align with the minor offense provisions of Article 315 of the Penal Code. The two-month probationary sentence does not meet the sentencing guidelines' objectives. The conclusion is that the verdict does not adequately apply Article 45 in conjunction with Article 27 Paragraph 3 of the ITE Law and Article 315 of the Penal Code, nor does it align with sentencing objectives. Judges should consider legal certainty, justice, utility, and societal values.

The Existence of Supreme Court Regulation of the Republic of Indonesia No. 02 of 2012 concerning the Adjustment of the Limitation of Minor Offences and the Amount of Fines in the Criminal Code Towards the Law Enforcement Process

This research aims to analyze the position of Supreme Court Regulation No. 02 of 2012 in determining minor offenses in the criminal law enforcement process and to analyze the binding force of Supreme Court Regulation No. 02 of 2012 in law enforcement practice. The research method used is normative legal research with statutory and conceptual approaches. The research results show: 1) Supreme Court Regulation No. 2 of 2012 concerning the Adjustment of the Limitation of Minor Offences and the Amount of Fines in the Criminal Code is not included in the hierarchy of Laws and Regulations, but the Supreme Court Regulation is recognized as long as it is ordered by higher Laws and Regulations or formed based on authority, so the position of this Supreme Court Regulation is not equal or below the Law; 2) The Supreme Court Regulation is binding on the Police, Attorney General's Office, and Courts due to the signing of a Joint Memorandum of Agreement with the Minister of Law and Human Rights of the Republic of Indonesia, the Attorney General of the Republic of Indonesia and the National Police of the Republic of Indonesia.

Misconduct of Spanish grassroots soccer coaches through referees’ reports: Variability by match format, age category, sex, and severity

This study aimed to describe and analyse the disciplinary sanctions received by grassroots soccer coaches in the Valencian Community (Spain) over five seasons. Specific objectives included determining the influence of format (8-a-side or 11-a-side), age (U7, U9, U11, U13, U15, and U18), sex category (male or female), and sanction severity (mild [one to four matches] or serious [five matches to a full season]). A study was conducted based on referees’ records from 275,844 games played in 1401 league competitions during five subsequent seasons between 2014 and 2019 in Valencia (Spain). A total of 3563 sanctions were recorded by matchday referees, with the majority being minor offences (92.93%) and most being imposed on 11-a-side soccer coaches (87%). The most frequent reasons for sanctions pertained to protests to referees (28%); dismissal due to double reprimands (26.40%); contemptuous and inconsiderate attitudes towards referees, including insults and threats (19.53%); and direct sending-offs (8.84%). Significantly more mild sanctions were found than serious ones, with more sanctions emerging in the 11-a-side soccer than in the 8-a-side soccer and the men's category compared to the women's category. Finally, we found significantly more sanctions in the U18 men's category compared to all other younger age categories and in the U15 men's category compared to the U7, U9 and U9-U11 female categories (p < .05).

Peran Guru PPKn Dalam Meminimalisir Kenakalan Remaja Pada Peserta Didik

The purpose of this research is to find out the steps used by PPKn teachers in dealing with juvenile delinquency among students at SMPN 27 Serang City, because what we already know is that juvenile delinquency in Indonesia often occurs, such as bullying, skipping school which has become a habit, smoking and even smoking. There are minors who are involved in brawls and even use illegal drugs or narcotics, in this case there is a need for teacher involvement in correcting juvenile delinquency among students, in overcoming this, especially civics teachers to help students overcome this by teaching them about morality, standars, and good behavior. This research uses a descriptive qualitative research design through observation, interviews, documentation and literature review to support the data obtained. The research finding the show that juvenile delinquency among students at SMPN 27 Serang City is a minor offense such as children not tucking in their clothes, playing truant or one of them teasing their friends and breaking the bathroom door. PPKn teachers are also responsible for being role models and facilitators, usually PPKn teachers. Every time you enter the classroom, teach students to accustom themselves to dress neatly, then instill an attitude of respect, tolerance, then look after the belongings of their classmates and the teacher also does not discriminate between smart and mediocre students, all are equal in accordance with the vision and mission at SMPN 27, Serang City, making the school a reality. Civilized, Creative, Active and Religious or abbreviated as BERKIBAR.

ADHD medication adherence reduces risk of committing minor offenses in adolescents.

This study aimed to investigate the association between adolescents' adherence to attention-deficit/hyperactivity disorder (ADHD) medication and their risk of committing minor offenses. Using two Dutch databases, Statistics Netherlands (CBS) and the Foundation for Pharmaceutical Statistics (SFK), we aimed to investigate the association between adherence to ADHD medication and registered minor offenses between 2005 and 2019 of 18,234 adolescents (12-18 years). We used Cox regression analyses to compare the rate of committing minor offenses of adolescents during periods of high ADHD medication adherence compared to periods of low adherence (i.e., periods with or without sufficient amounts of dispensed medication). We additionally tested associations with adherence to selective serotonin reuptake inhibitors (SSRIs) as control medication and analyzed potential reverse causation. High ADHD medication adherence was associated with a reduced risk of committing a minor offense of between 33% and 38% compared to low adherence periods of ≥3 months (hazard ratio [HR] 0.67, confidence interval [CI] 0.64-0.71) or ≥6 months (HR 0.62, CI 0.59-0.65). The reduction in risk can likely be attributed to ADHD medication, given the absence of effects of SSRIs and no reverse causation. The reduction rate remained between 16% and 55% per sex, stimulant versus non-stimulant medication, different offense categories and further sensitivity analyses. Among adolescents using ADHD medication, rates of criminality were lower during periods of high medication adherence, suggesting that adherence to ADHD medication may contribute to prevention of minor offenses in adolescents.

Resolution of Crimes of Domestic Violence Stairs Based on Restorative Justice in Polrestabes Semarang

In Article 5 of Law of the Republic of Indonesia Number 23 of 2004 CHAPTER III concerning the prohibition of domestic violence, there is a prohibition on acts of domestic violence. In Indonesia, the practice of resolving crimes with restorative justice has been carried out, especially for resolving offenses which are included in minor offenses. The research method using a normative legal approach is a way of working for scientists, one of which is characterized by the use of methods. Restorative justice is a concept that is experiencing rapid development and plays an important role in legal reform in various countries. Criminal Acts Based on Restorative Justice. Cases of domestic violence based on restorative justice at the Semarang Police, mostly occur in the form of physical, psychological and neglect perpetrated by husbands to wives, husbands to children or even husbands to their wives and children.

Cannabis use, health problems, and criminal offences in Germany: national and state-level trends between 2009 and 2021.

The German federal government plans to decriminalise cannabis. The impact of this policy on use prevalence, cannabis-related health and legal problems cannot be fully anticipated and should be viewed in context with current trends. We used routine data on (a) cannabis use (population-based surveys), (b) cannabis-related diagnoses (ICD-10 code F12) in outpatient medical settings and (c) minor law offences (registered violations against the narcotics law for possessing small amounts) to analyse age and sex-specific trends by federal state between 2009 and 2021. To enable comparisons across time and federal state besides crude prevalence rates, age-standardised rates were calculated. Between 2009 and 2021, the age-standardised prevalence of cannabis use (5.7-10.6%), rate of diagnoses (1.1-3.7 per 1,000), and legal offences (1.8-3.1 per 1,000) increased, with the largest increase noted for cannabis-related diagnoses. Relatively, increases were most pronounced for older users (40-to-59-year-olds: use and offences; 35-to-44-year-olds: cannabis-related diagnoses) and rather stagnant for minors. Cannabis use and health problems appear to be more pronounced in Northern and city states, while no clear geographic trend was observed for law offences. Cannabis-related outpatient treatment demand has risen more steeply than use prevalence suggesting an increasing challenge for the health care system. Despite rising rates for documented offences, the long-term implications of law violations on social and occupational life are poorly understood but may be considered for evaluations of the proposed law changes.

On exemption from administrative liability in case of a minor administrative offense

On exemption from administrative liability in case of a minor administrative offense

Terms of pre-court investigation in the form of inquiry

The aim of the work is to establish the specifics of terms of pre-trial investigation in the form of inquiry and to identify problems that arise in practice and need to be resolved in order to increase an effectiveness of investigation of criminal misdemeanors. The methodological basis of the work made up provisions of the modern theory of scientific knowledge of legal and social phenomena. While writing the article, both general philosophical and general scientific, as well as special legal methods of scientific knowledge were used. Results. The introduction of a simplified pre-trial investigation in the form of inquiry has accelerated the average terms of pre-trial investigation and trial of minor criminal offences, however, in practice, a number of problems arise, including those related to the terms, which find their ambiguous interpretation and the solution of which is of important practical importance. Thus, the Criminal Procedure Code of Ukraine does not provide for inquiry periods from the moment of entering information about a criminal offense into the Unified Register of Pretrial Investigations until the day of notifying a person of suspicion, which, according to most jurists, is a violation of the general principles of criminal proceedings. In addition, there are gaps regarding the order and terms of the prosecutor’s extension of the inquiry period. There are also questions regarding the reasonableness of the inquiry period: а maximum is one month, in particular with regard to proceedings that require the appointment of a forensic psychiatric examination of a suspect; and a minimum of 72 hours, as this period may fall on weekends, etc. It is obvious that the identified complications can be eliminated first of all by introducing reasonable changes and additions to the Code of Criminal Procedure of Ukraine, taking into account the needs of practice and the results of thorough scientific research.

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.

Punishing the Last Citizens? On the Climate Necessity Defence

Faced with the inaction of liberal democracies to effectively tackle global warming, many climate activists engage in forms of protests that involve committing minor criminal offences. They seek to shape official decisions on climate policies by resorting to civil disobedience. Some of these activists, rather than accepting punishment, have successfully claimed to be acting in a justified manner by invoking the necessity defence. The aim of this article is to show that, within the framework of representative democracies guided by the rule of law, the climate necessity defence must be rejected, since such protests do not meet the ‘non-legal alternatives’ requirement. This does not mean, however, that protesters should be punished as common offenders. Their acceptance of responsibility and political motivation should be taken into account as a mitigating factor at sentencing.

Evaluating police drug diversion in England: protocol for a realist evaluation

There is increasing international interest in the use of police drug diversion schemes that offer people suspected of minor drug-related offences an educative or therapeutic intervention as an alternative to criminalisation. While there have been randomised trials of some such schemes for their effects on reducing offending, with generally positive results, less is known about the health outcomes, and what works, for whom, in what circumstances and why. This protocol reports on a realist evaluation of police drug diversion in England that has been coproduced by a team of academic, policing, health, and service user partners. The overall study design combines a qualitative assessment of the implementation, contexts, mechanisms, moderators and outcomes of schemes in Durham, Thames Valley and the West Midlands with a quantitative, quasi-experimental analysis of administrative data on the effects of being exposed to the presence of police drug diversion on reoffending and health outcomes. These will be supplemented with analysis of the cost-consequences of the evaluated schemes, an analysis of the equity of their implementation and effects, and a realist synthesis of the various findings from these different methods.

Characterization and evaluation of nine Cannabis sativa chloroplast SNP markers for crop type determination and biogeographical origin on European samples

Cannabis sativa can be classified in two main types, according to psychotropic cannabinoid ∆9-tetrahydrocannabinol (∆9-THC) content: the drug-type and the fiber-type. According to the European Monitoring Center for Drugs and Drug Addiction, most of the European Union countries consider the possession of cannabis, for personal use, a minor offense with possibility of incarceration. Despite of the model of legal supply (i.e., Spanish cannabis clubs, Netherlands coffee shops) or medical use (i.e., Italy), cannabis remains the most used and trafficked illicit plant in the European Union. Differentiating cannabis crops or tracing the biogeographical origin is crucial for law enforcement purposes. Chloroplast DNA (cpDNA) markers may assist to determine biogeographic origin and to differentiate hemp from marijuana. This research aims: to identify and to evaluate nine C. sativa cpDNA polymorphic SNP sites to differentiate crop type and to provide information about its biogeographical origin. Five SNaPshot™ assays for nine chloroplast markers were developed and conducted in marijuana samples seized in Chile, the USA-Mexico border and Spain, and hemp samples grown in Spain and in Italy. The SNapShot™ assays were tested on 122 cannabis samples, which included 16 blind samples, and were able to differentiate marijuana crop type from hemp crop type in all samples. Using phylogenetic analysis, genetic differences were observed between marijuana and hemp samples. Moreover, principal component analysis (PCA) supported the relationship among hemp samples, as well as for USA-Mexico border, Spanish, and Chilean marijuana samples. Genetic differences between groups based on the biogeographical origin and their crop type were observed. Increasing the number of genetic markers, including the most recently studied ones, and expanding the sample database will provide more accurate information about crop differentiation and biogeographical origin.

Financial risk management strategies of small to medium illicit drug enterprises: considering low-level money laundering

AbstractThe illicit drug trade generates billions of dollars in revenue per year, much of which comes from wholesale and retail sales late in the supply chain. Yet, the methods retailers and low-level wholesalers use to launder this revenue remain poorly understood. Using in-depth interviews with illicit drug entrepreneurs in the United States and the United Kingdom, this article analyses laundering strategies among such market actors. Our findings indicate that a significant proportion of their illicit proceeds are disposed of through relatively small-scale ‘everyday’ cash transactions (< $1,000) that are effectively untraceable. For those generating more substantial revenues, a variety of accessible and uncomplicated laundering strategies are employed, such as reporting such revenues as taxable income, using proxies to launder funds, and using revenues as investment capital within small-scale legal enterprise. Ultimately, we identify uncomplicated, yet largely effective, methods of laundering criminal proceeds amongst our sample of low- to medium-level illicit drug sellers. Though the sums at an individual level are relatively trivial, the ‘mass of minor offences’ of this nature likely accounts for a significant share of laundered drug revenues in Western consumer drug markets.

COURT PRACTICE OF APPLICATION OF CRIMINAL LEGAL MEASURES FOR IMMEDIATE COMMITMENT OF A CRIMINAL OFFENSE

The article analyses the judicial practice of applying criminal-legal measures for the indirect execution of a criminal offense. It has been established that the courts take into account the fact of indirect execution of a criminal offense when characterizing the person of the culprit and determining his social danger, namely, appoint a more severe punishment from the list of alternatives or appoint a punishment above the lower limit. At the same time, the courts quite often exempt such persons from serving a probationary sentence. At the same time, general types of exemption from criminal liability are practically not applied. This is due to the fact that, in the vast majority, intentional acts are committed in this way - minor crimes, while the condition for applying many types of exemption from criminal liability is the commission of a careless minor criminal offense. Most often, the courts classify cases of the commission of a criminal offense by means of indirect execution using a minor under the relevant article of the Special Part of the Criminal Code of Ukraine and under Art. 304 of the Criminal Code of Ukraine as the involvement of minors in criminal and illegal activities. However, quite often it is also taken into account as a circumstance that aggravates the punishment, which is very controversial. In some cases, in the case of indirect execution of a criminal offense using a minor, the courts may consider this only as a circumstance that aggravates the punishment. In cases where a minor who is involved by a criminal in the performance of the objective side of the act understands the real nature of his actions, certain coercive measures of an educational nature can be applied to such a person. Such measures of a criminal legal nature, such as coercive measures of a medical nature, coercive treatment, or coercive measures of an educational nature in the case of indirect execution of a criminal offense do not have any differences from the general procedure for applying these measures to the guilty person.

ДЕЯТЕЛЬНОСТЬ ТОВАРИЩЕСКИХ СУДОВ БАШКИРИИ В КОНЦЕ 1950-Х - 1980-Е ГГ.

The article examines the activities of the Bashkir ASSR friendly courts in the late 1950s - the first half of the 1980s. A brief analysis of historiography shows that the problem is insufficiently studied. The main sources were unpublished documents of the funds of the Presidium of the Supreme Soviet of the Republic and the Bashkir Regional Council of Trade Unions - bodies that control the work of friendly courts, as well as materials of the periodical press. The growth in the number of friendly courts was characterized by instability, then increased, then decreased. The same applies to members of friendly courts. The friendly courts considered minor civil cases, including in the family and household sphere. Interference in the private life of citizens was especially characteristic of the 1950s and 1960s, after which it weakened. In the 1970s, the friendly courts considered absenteeism, violations of public order, labor discipline (appearance in a drunken state at work), petty theft and others at their meetings. The most common measures of influence used by friendly courts were public apology, warning, public censure and reprimand. However, in the 1970s the importance of fines and applications for transfer to a lower-paid job is increasing. There were many shortcomings in the work of the friendly courts: some of them were inactive for years, others exceeded their powers. In the 1970s and 1980s, friendly courts dealt with only 10 to 20 percent of offenses, which testified to the insufficient effectiveness of the institute of friendly courts. Most minor offenses went unpunished. The activities of the friendly courts were formally under the control of the party, Soviet, judicial and trade union bodies. However, this control was often insufficient, especially in the late 1950s - early 1960s. The author distinguishes two periods in the activities of friendly courts: 1) the end of the 1950s - the first half of the 1960s, marked by their greatest activity; 2) the second half of the 1960s - the mid-1980s, when the courts were increasingly "carried away" by administrative measures of influence.

Restorative Justice As An Alternative To Resolving Criminal Cases Committed By Children In Conflict With The Law

Child protection in the criminal justice system for children, in conflict with the law in accordance with Law Number 11 of 2012 concerning the Criminal Justice System for children Crimes committed by children, is legal protection for children at the investigation, prosecution, and trial stages. The Restorative Justice approach prioritizes improving the relationship between the victim and the perpetrator of the crime. Law No. 11 of 2012 Article 9 paragraphs (1) and (2) regulate the pursuit of diversion in paragraph (1), investigators, prosecutors, and judges must consider; the category of a criminal offence, the age of the child, the results of community research from tapas; and the support of the family environment and society. Paragraph (2) Diversion agreements must obtain the consent of the victim and/or the victim's family and the willingness of the child and his/her family, except for criminal offences in the form of violations, minor criminal offences, victimless criminal offences or the value of the victim's loss is not more than the value of the minimum wage of the local provision. The forms of Diversion agreements, among others, Peace with or without compensation; handover back to parents/guardians participation in education or training in educational institutions or LPKS for a maximum of 3 (three) months; or community service.

Are too Many Temporarily Placed Non-culpable Offenders Committed to Forensic Psychiatric Hospitals in Germany? Thoughts on the Relationship of Forensic and General Psychiatry

From the perspective of the forensic clinics, the judiciary is increasingly ordering temporary placements according to Sec. 126a of the Code of Criminal Procedure. Three hypotheses are proposed that could (partly) explain this increase: 1) Courts' tendency to hand down this decision even in cases involving minor offences. 2) Courts' tendency to hand down this decision despite positive prognoses. 3) Changes in the reporting practices of psychiatric clinics. Overly simple explanations for the increase in temporary placements, therefore, fall short. This makes it more urgent to strengthen the primary-prevention approach. It is imperative that the small percentage of people with mental illness and an increased propensity to violence be identified and treated to prevent violence in the general psychiatric care stage. For this forensic psychiatry and general psychiatric care must be interlinked more closely.