New Forms Of Crime Research Articles

AXBOROT TEXNOLOGIYALARI SOHASIDAGI TRANSMILLIY JINOYATCHILIK TUSHUNCHASI, SHAKLLANISHI VA TURLARI

This article examines the issue of transnational crime in the field of information technology. In particular, new forms of crime, including cybercrime, data theft, and other threats through the Internet are analyzed. Also, the role of modern technologies in the formation and development of transnational crime, the importance of international legislation and security measures are considered.

Study on the Judicial Practice Dilemma of "Space Obscene"

With the rapid development of the big data network era, cybercrime has gradually emerged in people's vision. As a new form of crime, it has a high degree of concealment and demonstration. Minors, due to their immature mental development and lack of sufficient judgment, are prone to becoming victims of "sexual harassment". At present, legislation and judicial interpretation are not yet perfect, and there are many disputes in the academic community regarding the application of the law. Resolving these disputes has become an urgent task. The research methods used in this article mainly include literature analysis and case analysis. Firstly, this article provides an in-depth interpretation of the keyword "sexual harassment in the distance" from different perspectives, then it combines this phrase with actual cases in the "China Judgment Document Network" to analyze the judicial practice difficulties and explore the path. Finally, it looks forward to the future of China's rule of law construction.

Penghinaan Terhadap Presiden dan Wakil Presiden Dalam KUHP Baru

The purpose of this study is to find out and analyze the regulation against insults against the president and vice president in the new Criminal Code and the old Criminal Code that has been declared unconstitutional by the Constitutional Court as well as to know and analyze the urgency of the insult article against the president and vice president so that it is revived. The formulation of the problem in this study is: 1) How is the regulation of the criminal act of insult against the President and Vice President in the Criminal Code? And 2) What is the criminal law policy on the urgency of the article of insult to the president and vice president so that it is included in the new criminal code? This thesis is written using a normative juridical type of research, which includes the study of norm vagueness. This thesis uses various approaches, including the Legislation approach, conceptual approach, comparative approach, historical approach. The results of the study found that 1) The regulation on insults to the President and Vice President in the new Criminal Code, is not a violation or defiance of the Constitutional Court Decision Number 013-022 / PUU-IV / 2006 because there is progress from regulating the criminal act of insult to the President and Vice President in the new Criminal Code 2) special protection of the dignity and dignity of the honor of the President and/or Vice President is something that deserves attention in a presidential system like Indonesia because the Criminal Code is considered no longer able to support various cases and dimensions of the development of new forms of crime. The Criminal Code, which is a Dutch heritage, is also seen as incompatible with the development of thoughts or ideas and aspirations, demands or needs of the community, both on a national and international scale.

CYBERCRIMES, LAW, AND CYBER FORENSICS: COMPARATIVE STUDY OF INDIAN, BRITISH, AND AMERICAN CONTEXTS

New forms of crime have emerged with the rising prevalence of computer misuse. Some of them include the use of cutting-edge tools and methods for criminal conspiracy. From spreading fraud through email to stealing and reselling intellectual property, cybercrime covers a lot of ground. The domain of computer science known as "cyber forensics" is considered to be among the most essential subfields. It is concerned with the investigation of cybercrime. The concept of cyber forensics is broken down into its parts by the author in this paper. This paper focuses on the significance of the topic as well as some of the methods and instruments that are used by cyber forensic investigators. The objective of cyber forensics is to conduct an examination of electronic content in a manner that is forensically sound with the goals of preserving, recovering, analyzing, identifying, and presenting facts and views about digital information. Cyber forensics evidence undergoes the same processes as other digital evidence and serves as supporting evidence in judicial proceedings. Cyber forensics is often linked to the investigation of cybercrime, but it may also be utilized in legal actions involving private parties. This paper demonstrates the necessity for further investigation into how cyber forensics might be used to enhance the identification of cybercrime. This research will help fill in some of the gaps in our knowledge of how cyber forensics investigations are conducted in India and explore cyber security policy in the United Kingdom, the United States, and India to identify both similarities and differences. Keywords: Cybercrime, Cyber Forensics, Policy

New geographies of crime? Cybercrime, southern criminology and diversifying research agendas

This paper argues that reconsidering the disciplinary significance of the geographies of crime is timely. It has three aims. First, it identifies recent developments in the geographical study of crime, arguing that they both challenge and extend its intellectual traditions. Second, using the example of cybercrime, it identifies new forms of crime that deserve scrutiny by geographers. Third, it draws on ideas of Southern criminology to identify how research agendas can be diversified to advance how geographers study crime. In doing so it proposes that geographers’ renewed interest in crime over recent decades is appropriately labelled ‘new geographies of crime’.

Countering Artificial Intelligence Crimes in a Criminal Law Perspective

This research aims to analyze artificial intelligence crime as a new form of crime in the future as well as artificial intelligence crime prevention policies in Indonesia. By using the method research law Normative, using Approach Legislation (Satatute Approach), Conceptual Approach (Conceptual Approach), Approach Analytical (Analytical Approach), Approach Philosophy (Philosophical Approach). Results study This showing that describe Artificial intelligence crimes include any form of illegal or malicious action against digital structures carried out using computers or digital devices with more complex forms of crime. Artificial intelligence crimes can be crimes against national security, attacking people, or attacking a company. The categories of artificial intelligence crimes are divided into high risk, medium risk and low risk. Then Efforts that can be made to overcome artificial intelligence crime by using situational crime prevention produce the concept of short-term and long-term countermeasures.

Shaping the Future of Criminal Justice Education: Insights from ACJS Leadership Survey Analysis

Higher education has been in a time of rapid evolution and significant challenges prior to COVID-19, but a large and continuously growing body of empirical evidence suggests that the pandemic greatly accelerated those trials and brought them to a flashpoint. To our knowledge, the present work is the first post-pandemic to explore perceptions about the future of criminal justice (CJ) education. The present work seeks to address this gap and explore what factors CJ educators and advanced students identify as current and future challenges, concerns, and areas they need training or support. To gauge these perceptions, feedback was solicited from a select group of leaders, students, and journal editorial board members. Results explore priorities surrounding the increasing politicalization of higher education and the field in general, as well as the use of artificial intelligence, attacks on academic freedom, balancing research and teaching responsibilities, creating curriculum relevant to new forms of crime, teaching diverse populations, declining program enrollments, and negative public perceptions about the value of CJ degrees as central concerns. Implications and direction of future research are offered.

Employing the Responsibility to Protect (R2P) to Impose Universal Jurisdiction Regarding Cyber-Terrorism

Objective: the development of wireless technologies and digital infrastructure has radically changed the human habitat, giving rise to a new type of space -a cyberspace. The uniqueness and peculiarities of this environment, including anonymity, boundlessness and problems related to the determination and establishment of jurisdiction, have become a breeding ground for the emergence of a new global threat - cyberterrorism. The latter is characterized by a high level of latency, low detection rate and incomparably greater danger than “real world” crimes. Countering new forms of crime has required the development of universal tools that overcome the limitations of traditional jurisdiction and allow states to prosecute terrorists in cyberspace. Identifying the relevant tools and identifying the political-legal obstacles to their implementation is the objective of this study. Methods: to achieve the set goal the formal-legal method was used to analyze legal sources, including judicial practice, national legislation, and international acts. The doctrinal approach was also used, which allowed, on the basis of scientific works and theoretical constructions, explaining the complexity of the modern phenomena and predicting their future development. This said, the main focus is on criminals to prove their antagonism with humanity in accordance with theoretical views. Finally, the study analyzes the theories of universal and traditional jurisdiction and how they are applied to prosecute terrorists.Results: the paper provides a critical analysis, reviewing and adapting the concept of jurisdiction as applied to a global, borderless and decentralized digital environment (cyberspace) and to the struggle against new forms of terrorism (cyberterrorism). Various jurisdictional models applicable in cyberspace are presented. The author bridges the gap between the main branches of law: international private law and public law by linking, in relation to cyberterrorism, the two theories: the “responsibility to protect” (R2P) theory and the application of universal jurisdiction. The trends of universal jurisdiction development are revealed.Scientific novelty: the study develops the accumulated scientific knowledge while justifying the introduction of foreign jurisdiction in a state territory to prosecute cyberterrorists. It also establishes a link between the theory of universal jurisdiction in private international law and the “responsibility to protect” (R2P) theory in public international law, recognizing the latter as a relevant basis for the introduction of universal jurisdiction over cyberterrorism. Such traditional concepts as sovereignty and jurisdictional independence are reviewed. The gap related to the consideration of cyberterrorism as a crime against humanity in international law is bridged.Practical significance: the implementation of the proposed conclusions will contribute to the strengthening of international prosecution of cyberterrorism and harmonize the international and national legal tools to struggle against this crime.

IN DEFENSE OF A SPECIAL CYBER LAW FOR INDIA

Attempt to unfold the secrets of nature marks the progress of human civilization. With the extreme advancement of science and technology particularly in the field of information science, man can communicate and act in the virtual space. In the 21st century, it is almost impossible to live in this world without depending on cyber space as most of human activities are going to carry out in such space. The flip side of this advancement is the misuse of cyberspace for various purposes in the contemporary world. Cybercrime, different from traditional crime, is a new form of crime committed in cyberspace having swept and widespread impact on human society. Since cybercrime knows no national boundary, all out effort of nation states is required to combat the menace of cyber crime. However, the international community could not able to negotiate and adopt internationally binding legal instrument for preventing and combating cybercrime. On the other hand, nation states including India meet the challenges posed by cyber criminals, which necessitates to enact specific law for preventing and combating cybercrime. The paper attempts to explore national and soft international law that prevents and combats the menace of cybercrime.

An Official of a Law Enforcement Agency in the Structure of Crime Prevention

The problem of the effectiveness of crime prevention in the modern conditions is acquiring the features of a global one. The strategies of counteracting new forms of crime are formed and tested at international and national levels withing the framework of cooperation of different subjects. The technologies adapted for criminal purposes require an adequate reaction from the state in the form of improving criminal policy and reconsidering approaches to crime counteraction, including the use of international experience in combination with specific national features. Crime prevention is viewed as a process with its own content, which includes a multitude of subjects and objects. The variety of subjects and forms of their interaction gives rise to the necessity of researching their essence and legal status in order to build a system combining optimal ways of influencing these objects. Law enforcement bodies have the greatest potential, they act as specialized subjects carrying out tasks through authorized officials. Lying outside the scope of research is the unsolved problem of defining subjects responsible for preventing crimes against officials of law enforcement bodies, as shown by the official statistical data of the Russian Federation correlating with data from other countries. They are specialized subjects of crime prevention, and if a crime is committed against them, they lose the status of subjects and become objects in the newly emerged legal relations. This leads to the necessity of singling out a new category of subjects responsible for the prevention of crimes committed against the officials of law enforcement bodies. Their status should be researched on the basis of the current legislation, court practice, and national legal doctrine by singling out the rights, responsibilities, guarantees and liability of such subjects.

Intrusion into Computer Information System: Criminal Law Rule Based on Different Judicial Recognition Perspectives of State Affairs

Cybercrime refers to a new form of crime generated with the application and prevalence of computer technology. In China, there are increasingly more instances of unauthorized access to computer systems every year, which has severely affected network security and the property security of the people, and even national security. This paper delves deeper and more methodically into the problems surrounding the criminal act of unlawful access to computer information systems. The ambiguous definition and limited reach of the criminal object make Chinas punishment for unauthorised access to computer systems less effective., the crossover of the criminal law system caused by the contradiction of legislative logic, as well as the insufficient prevention of too lenient penalties. Based on the above legislative deficiencies, it is imperative to improve the criminal law system, expand the protection scope of the first clause of Article 285 of the Criminal Law, Increase the number of cases that are investigated and prosecuted, explain computer information systems in the context of state affairs, expand the definition of state affairs computer information systems, and strictly regulate the amount of crime that is legal. Additionally, it is essential to establish an independent status for data crimes by adding provisions on data security protection concerning the three major computer information systems; increasing the intensity of punishment, raising the range of statutory penalties, and adding property penalties, thereby imposing a comprehensive regulation on illegal intrusion into computer information systems.

Criminal Policy in Problems of Insurance Fraud (Sales of Insurance Policies) using the Telemarketing Method Based on Law No.11 of 2008 Concerning Electronic Information and Transactions

A new form of crime which is a white-collar crime is Insurance fraud in telemarketing the delivery of insurance products. The crime is a criminal act that violates the law against an insurance company with the aim of illegally obtaining financial benefits from closing a risk. This writing, apart from being a final project assessment, also aims to explain insurance marketing through telemarketing which causes many legal problems, especially in terms of its engagement in the cyber world. The results of this paper indicate that criminal policy through penal (criminal means) and non-penal (prevention means) in providing protection to ensure the protection of consumer rights so that they are not violated by business actors which can cause harm to consumers.

Legal Review of Child Grooming as A Crime of Sexual Violence in Indonesia

The phenomenon of sexual violence is an issue that is increasingly being discussed in Indonesia. Sexual violence can happen to anyone, both women and men, but most victims are women. Children are a group that is very vulnerable to sexual violence because children are always positioned as weak or powerless and have a high dependence on the adults around them. This is what makes children helpless when threatened not to tell what happened. In almost every case uncovered, the perpetrators are people close to the victims. One of the sexual violence that occurs in children is the rise of the child grooming phenomenon in Indonesia, a new form of crime. Child grooming in Indonesia, or sexual exploitation crimes against children using social media, is increasing because the demand for the global sex market is getting bigger. This research uses normative research, which is analytical descriptive through a Statute Approach, techniques through data source studies/data collection carried out by literature (secondary data). The results of this study indicate that child grooming is a practice carried out by adults to attract attention and manipulate minors for sexual purposes or other crimes. In Indonesia, grooming children has been made a crime of violence against children based on Law Number 35 of 2014 concerning Child Protection.

The Quest for Immortality and its Influence on the Development of a Future Interplanetary Civilisation

There will come a time when humans will be able to control the ageing process and perhaps even prevent death. Through genetic engineering and CRISPR technology, developments are afoot to eventually allow humanity to achieve the seemingly impossible, immortality. Multiple future pathways are feasible to achieve this pursuit, including those based on AI, man-machine interfacing, brain implantation, partial cloning and transplant procedures, the human connectome project, and soul/consciousness quantum storage and processing systems. As technology becomes increasingly more sophisticated, and humanity expands into the cosmos, the progression of these projects will induce significant changes to human functioning and human civilisation. The impossible will become a daily reality. This will potentially create new opportunities for individual growth and development, financial incentivization and investment, social programs to improve public services and education, and fantastical ways in which personal relationships will be developed and maintained. However, ethical concerns will preside over new forms of crime, known as consciousness crimes. New forms of law enforcement and social regulation will be essential to stem the tide of social discordance and potential implosion. Instances of mental illness will dramatically increase, placing further strain on pandemic stricken global health services. There are three viable eventualities that will transpire in reference to these current and prospective developments. Firstly, life extension methods through the genetic manipulation of telomerase will unleash a mutated cancer pandemic upon the world (and/or worlds), which will intensify pre-existing deleterious environmental and socio-economic processes that are potentially leading to human extinction. Secondly, initial social issues will be remedied, and an immortal future version of humanity fuelled by renewable energy technology will develop, eventually reaching a state of enhanced consciousness that will facilitate a peaceful, cooperative interplanetary society. Thirdly, this second scenario will be partially actualised, yet immortality will not render humanity immune to its animalistic competitiveness and violent proclivities, leading to a warring galactic civilisation. Immortality will force humanity to develop an interplanetary presence, where it will become the cosmic equivalent of a plague of locusts or a force of technological and existential progress. However, due to the complex ambivalence of human nature, it is highly likely both these eventualities will transpire, creating a fragile and potentially catastrophic psycho-social equilibrium that could prove disastrous for potentially extant life throughout the galaxy.

Is there a cybercriminal personality? Comparing cyber offenders and offline offenders on HEXACO personality domains and their underlying facets

Cyberspace creates opportunities for new forms of crime that may be related to specific personality characteristics of offenders. Few studies have investigated the personality characteristics of cyber offenders. We address this gap by comparing a judicial sample of 261 suspects of cyber-dependent crime, 260 suspects of offline crime, and a community sample of 512 participants on the HEXACO personality domains and their underlying facets. This provides a nuanced picture of the cybercriminal personality and could provide information for prevention and intervention programs. Results indicate that, compared to suspects of offline crime, suspected cyber offenders score significantly lower on extraversion and significantly higher on conscientiousness and openness to experience. Cyber offenders are more similar to community participants on these main personality domains. With regard to the underlying facets, suspected cyber offenders appear to be unique in their relatively high level of diligence. They are more similar to suspected offline offenders on traits that may help them perform criminal activities, such as lower levels of modesty, fearfulness, and flexibility. They are more similar to the community sample, however, on traits that may strengthen their ability or tendency to commit cyber offenses, such as higher levels of patience, perfectionism, and prudence.

Digital media ‘changes the game’: investigating digital affordances impacts on sex crime and policing in the 21st century

ABSTRACT With society becoming increasingly digital, new opportunities are afforded to potential offenders to weaponize digital features and affordances to carry out their crimes. As a result, concerns persist over online forms of crime, particularly cybercrime involving sexual exploitation, and what can be done about them. Drawing on interview and focus group data collected from 70 sex crime investigators from police service organizations across Canada, we uncover police perspectives on online sex-based crime. We demonstrate that police perceive online crimes to not necessarily be new forms of crime, but rather altered by digital media in terms of methods and weapons being used. We focus on uncovering the features and affordances police identify as contributing to the increase in crime itself as well as the creation of greater opportunities for crime to occur. In addition, resulting from crime shifting into digital spaces, we uncover the challenges digital media has presented for police in terms of how they handle, respond to, and investigate online crime. We discuss these challenges and their impact on policing and provide solutions for combatting them moving forward. Overall, this article contributes to the current body of literature investigating online crime and policing in the digital age by drawing on the theoretical framework of affordances and offering police perspectives on online sex-based crimes.

Peculiarities of qualification of criminal offenses provided for in Section XVI of the Criminal Code of Ukraine committed in complicity.

The article is devoted to the peculiarities of the qualification of criminal offenses under Articles 361-363-1 of the Criminal Code of Ukraine, committed in complicity by a group of persons. Today it is impossible to imagine a civilized society without digital technologies. However, it is important to remember that crime is also constantly changing and transforming with the development of technology, new types of criminal offenses are emerging, including those committed in cyberspace and with the use of information technology and computer information. Issues related to the fight against "cybercrime" are very acute for law enforcement officers around the world, on a par with such high-profile crimes as terrorism, human trafficking, drug trafficking and others. Thus, in March 20221 at the XIV UN Congress on Crime Prevention and Criminal Justice, attention was paid to the manifestation of new forms of crime, the Parties agreed to develop cooperation in the fight against cybercrime. Counteracting crime involves eliminating determinants of a particular type. According to the content of the causes and conditions of committing "criminal offenses in the field of computer information" are legal, so improving criminal law is one way to reduce their level. In recent years, the level of criminal offenses in the field of computer information has increased significantly. One of such problematic issues is the peculiarities of the qualification of criminal offenses committed in complicity. Attention is paid to the definition of complicity by prior conspiracy of a group of persons and the characteristics of qualifications. The specifics of complicity of a group of persons in committing criminal offenses in the field of computer information are such that contacts of subjects are not personal (physical), but through information networks (virtual) and establishing the fact of complicity before criminal illegal activities of such persons and their documentation is an extremely important issue. The issues of complex forms of complicity are also considered: organized group and criminal organization. Based on the results of this work, conclusions and prospects for further research in this direction were made.

디지털 성범죄 피해자 지원의 문제점과 개선방안

With the development of science and technology, the penetration rate of smartphones has increased, and cyberspace has become more familiar with real life and information accessibility has increased. However, as cyberspace becomes more common, new forms of crime are emerging, and the seriousness of the crime is emerging. Among them, digital sex crimes are the most serious. Amid growing anxiety over the crime, the government announced a comprehensive plan to prevent damage to digital sex crimes and actively discussed enacting and revising related bills, but there is still a gap in support for victims. There is a perception that digital sex crimes are not physically damaged like ordinary sex crimes, and that this crime is lighter than other crimes. However, unlike this perception, digital sex crimes are crimes that are almost impossible to recover from once they are damaged. Once the victim's videos are released into cyberspace, they cannot be permanently deleted, causing pain to victims and social activities cannot be carried out. In other words, the act can be seen as a personality murder of the victim. Despite these criminal characteristics, the system for supporting victims is still inadequate. The lack of understanding of digital sex crimes by investigators and the Ministry of Justice, lack of budget to support digital sex crimes victims' support centers, and difficulties in international cooperation in arresting overseas Internet operators. To solve these problems, education programs should be carried out at the level necessary for each organization to improve the understanding of investigative agencies and the judiciary, and a system should be established to make education compulsory. In addition, it is necessary to expand the budget to support the victims of digital sex crimes, and to join the Cybercrime Prevention Agreement and cooperate with member countries to investigate sites with overseas servers.

Approaches to Understanding and Normative Definition of the Category “Cybercrime” and Related Concepts in the Practice of Regional International Organizations

INTRODUCTION. Against the background of the unfolding epidemic of coronavirus, the trends in cybercrime that appeared in previous years have reached unprecedented magnitudes. The rapid transfer of many basic spheres of social functioning to a digital platform in an actual legal vacuum provided criminals with almost unlimited opportunities. In these circumstances, the task of improving and unifying the basic categories in the field of combating the «new form of crime» is of paramount interest not only from the point of view of theory, but also in order to create an effective international legal mechanism to counter this threat.MATERIALS AND METHODS. The material for the study were legal documents developed under the auspices of 14 regional international organizations, which represent one or another regional group, scientific works of foreign and domestic scientists. The methodological basis of the study was the general scientific and private scientific methods of cognition, traditional for legal work.RESEARCH RESULTS. The study revealed inconsistencies in terminology, the absence of a uniformly understood and applied normative definition of a «new form of crime» and related concepts that would meet the criterion of authenticity. Regional international organizations operate with such concepts as "cybercrime", "attacks against information systems", "crimes in the field of computer information", "crimes in the field of information technology", "information crime", "crimes related to computers and networks", "digital security risks", "the use of information and communication technologies (ICTs) for terrorist and criminal purposes". All this indicates the absence of common approaches to understanding the very essence and specific features of this criminal phenomenon.DISCUSSION AND CONCLUSIONS. The author draws attention to the fact that the term "cybercrime" is used in 7 out of 14 groups of international documents of a regional nature. Analysis of the work of domestic and foreign researchers confirms the validity of the use of the term "cybercrime", as most fully and accurately reflecting the unique properties of this type of crime, its technical component. Based on the correlation and comparative study of the terms "information crime", "computer crime", "cybercrime", the author formulates basic provisions that can be taken into account when trying to develop a unified concept. The author draws attention to the fact that, taking into account the specific nature of the object, subject and virtual environment of committing these crimes, any legal norm should be formulated and correlated with the objective possibility of its practical implementation, taking into account technical characteristics.

EncroChat i SKY ECC komunikacija kao dokaz u krivičnom postupku

Technological development and new forms of crime require redefinition of existing legal frameworks at domestic and international level. EncroChat and SkyEcc cases highlighted these problems, throwing the courts before the old Packer's dilemma, whether to give priority to crime control or due process model. While the protection of citizens' rights prevailed for many years, guided by the maxims that "the democracy of a society is measured by the provisions of its criminal procedure" and that "it is better 100 guilty persons to escape than that one innocent person suffer" it seems that in the era of information technologies, another model prevails, legitimizing almost unimaginable concepts such as mass surveillance of communications with derogation of the principle of territorial sovereignty. The "problem" escalated and came to the attention of many European countries after the "breaking" of the communication platforms EncroChat and SKY Ecc, which certainly contributed to the detection (and prevention) of numerous criminal acts by criminal groups, while at the same time opened many questions, starting from the method of discovering communication, delivering material to other countries and using it in criminal proceedings, the validity and admissibility of the so-called of "mass surveillance" that affects not only "criminals" but also "ordinary citizens", i.e. all users of certain communication platforms. The first part of the paper deals with the issues how these networks were break down, the legal basis for such actions, the legal basis for providing the obtained data to other countries, their evaluation and further use in criminal proceedings. As different countries have different procedural rules, the question is whether a domestic judge is authorized to evaluate the legality of evidence obtained abroad and according to what criteria? In this regard, a distinction is made between EU member states where European investigative orders and the principle of mutual recognition apply and other countries in the system of mutual legal assistance in criminal matters. In the second part, we deal with the legal nature of the obtained data through the dilemma of whether it was targeted surveillance in criminal proceedings, or mass surveillance carried out by the intelligence services, as well as the ECtHR's practice related to these issues. Bearing in mind that these investigations are still under the "veil of silence", the study was based on Europol/Eurojust data and few publicly available decisions of courts in Germany and the United Kingdom about the admissibility of these evidence.