Number Of Criminal Cases Research Articles

АНАЛИЗ ДЕЯТЕЛЬНОСТИ ОРГАНОВ ДОЗНАНИЯ ГОСУДАРСТВЕННОГО ПОЖАРНОГО НАДЗОРА ФЕДЕРАЛЬНОЙ ПРОТИВОПОЖАРНОЙ СЛУЖБЫ ПО ОСУЩЕСТВЛЕНИЮ ДОЗНАНИЯ ПО ДЕЛАМ О ПОЖАРАХ ЗА 2023 ГОД

The authors show the statistics of the work of the state fire supervision authorities of the EMERCOM of Russia for 2023. The article reflects statistics on the number of accepted reports of crimes, considered reports of crimes, on the number of criminal cases on fires under articles 168, 219 and 261 of the Criminal code of the Russian Federation. Data on the number of suspended criminal cases on fires, solved criminal cases on fires, the amount of property damage in fire cases in 2023 are shown. The authors show typical violations in the investigation of criminal cases on fires.

A Fair Investment Environment: The Impact of the Shadow Economy, the Harshness of the Courts Against Corrupt Officials, Tax Pressure and Restrictions on Business

Creating a fair investment environment is crucial for economic growth and attracting domestic and foreign investors. The purpose of this study is to find out how the shadow economy, harshness of courts against corrupt officials, tax pressure, and restrictions on business affect the fair investment environment. Therefore, two economic-mathematical models are built using multiple least squares regression analysis, in which the outcome variables are: in model 1 ‒ control over corruption, which is a component of the Global Governance Index; in model 2 ‒ the European Business Association’s Investment Attractiveness Index. The composition of the factor attributes in both models is the same: Corruption Perceptions Index by Transparency International; level of shadow economy according to the Ministry of Economy of Ukraine; the number of criminal cases in courts under the article “Acceptance of an offer, promise or receipt of an undue benefit by an official” using open data from the Unified State Register of Court Decisions; total tax and fee rate, which reflects taxes and mandatory payments as a percentage of commercial profit, determined by the World Bank Group methodology; assessment of “Starting Business” by Doing Business, according to the methodology of the World Bank Group. The modeling is based on the example of Ukraine for 2012‒2022. Calculations based on Model 1 show that restrictions on business have the greatest impact on the corruption control indicator (a 10% reduction in restrictions leads to a 3-point reduction in the need to control corruption), the shadow economy and tax pressure have an average impact (a one-point increase in them will increase the level of corruption by 0.4 points). The harshness of the courts against corrupt officials has the least impact (most corruption cases in Ukraine do not reach the courts). Calculations based on Model 2 show that the complexity of starting a business exerts the greatest impact on investment attractiveness (if it decreases by 15%, investment attractiveness will increase by almost 1 unit). The average impact is exerted by the increase in the shadow economy (a 10% increase in the shadow economy leads to a rise in investment attractiveness by 0.4 units). The insignificant impact is exerted by the tax burden and judicial punishment of corrupt officials.

False opinion or false alarm? About the criminal liability of an expert for giving a false opinion

This article aims to address the significance of the problem regarding the issuance of false expert opinions in practice. This issue is of great importance and considerably consequential for the public opinion. An expert opinion that is unfavorable to a party often raises suspicions of bribery and manipulation. However, not every litigant’s dissatisfaction necessarily implies a criminal offense. This article highlights the magnitude of the problem of false expert opinions in the Polish justice system and the consequential effects associated with it. In the preparation of the article, a review of domestic and international literature and an analysis of criminal case files on the offence of Article 233 § 4 of the Penal Code were used. The results of the research show that the issue of the crime of issuing a false opinion by an expert has not yet received a comprehensive analysis in the domestic and international literature. The number of criminal cases concerning the issuance of a false opinion by an expert is not significant. Courts usually acquit defendants of this offence which may mean that it is difficult to prove in practice. However, the problem is not as high profile as it presents itself to the public. The results of the research can be used to supplement theoretical considerations of the issue. The results can also be used by practitioners to introduce changes to increase the effectiveness of prosecuting the perpetrators of these crimes or to analyse legislative changes.

Информационные технологии как объект формирования современной криминальной ситуации в сфере экономической деятельности

Introduction. The article is devoted to the study of the situation, structure and dynamics of certain qualitative parameters of crimes in the sphere of economic activity committed with the use of information and telecommunication technologies.
 The author focuses on the fact that information technologies have an impact on the development of practical use of Chapter 22 of the RF Criminal Code.
 Intensification of such practice led to an increase in the number of criminal cases and the reflection of crimes in the relevant forms of the Main Informational and Analytical Center of the RF Ministry of the Interior. In particular, the following type characteristics of crimes and persons who committed crimes were considered: the number of women, persons without permanent sources of income; the dynamics of persons who committed a crime as part of an organized group and a criminal community (organization). All facts were confirmed by statistical data.
 The author notes that the development of new information technologies can both significantly increase law enforcement practice concerning this type of criminal activity and contribute to the creation of a modern system of measures aimed at preventing encroachments in the sphere of economic activity.
 Methods: In the course of the study we used general scientific methods of social processes cognition (analysis, synthesis, deduction, induction, system-structural method, measurement, description, abstraction), as well as private scientific methods - document analysis, statistical methods. As an empirical base we used separate forms of statistical observation of the Main Informational and Analytical Center of the RF Ministry of the Interior.
 Results: Based on the results of the study, criminal acts belonging to the category of crimes under Chapter 22 of the Criminal Code of the Russian Federation and committed with the use of information and telecommunication technologies were identified. The relevant statistical data were collected and analyzed. The corpus delicti of crimes that have been the subject of record keeping since 2022 (articles: 1742, 174.1, 183.5 of the Criminal Code of the Russian Federation) have been studied.

Основные подходы к понятию и видам обвинения в российском уголовном процессе

The subject of this study is the institute of prosecution in domestic criminal proceedings. In the fi rst part of the article, the author explores the concept of accusation. Approaches are considered in which the accusation was identifi ed both with a criminal suit and with criminal prosecution. The second part of the presented work is devoted to the types of charges and the criteria for their differentiation. A summary analysis of the positions of modern, Soviet and pre-revolutionary researchers of law on this issue is given. Various types of charges are considered depending on the subject entitled to its implementation. Particular attention is paid to the so-called public prosecution, which was supported by citizens who were not endowed with this right ex offi cio. Based on the study, the author comes to the conclusion that the adversarial model of the criminal process is characterized by the presence of various types of charges, as well as various subjects entitled to its implementation. At the moment, in the Russian criminal process there is a so-called “prosecutor’s monopoly” on the prosecution, which is somewhat limited by the presence of a private prosecution. However, a small number of offenses classifi ed as private prosecution, as well as the number of criminal cases in this category considered by the courts, does not change the existing paradigm. Thus, the existing procedure does not fully correspond to the adversarial model of the criminal process.

Bias in Law

Crime rates in America have been increasing over recent years and, in turn, so has the number of criminal cases that pass through the court system. If a criminal defendant cannot afford one for themself, a public defender will be provided for them. However, the public defender does not get to dictate which cases or clients they take on. This paper explores the level in which implicit bias may affect these attorneys in the court room. This is conducted through a series of surveys and correlational research which is then analyzed to determine the true extent to which one can suppress their implicit bias. Participants are deemed to be successful at suppressing their biases if they score a zero on the implicit bias test, which indicates little to no automatic preference for one subject matter over the other. It is proven that no matter how hard one tries, implicit bias is difficult and almost impossible to fully suppress, even for the trained attorney participants. Looking in future directions, this knowledge can be used to spark conversation and new research regarding biases in the judicial system.

UTILIZATION OF CCTV ANALOG CAMERA ON MOBILE WEB-BASED ROOM SECURITY MONITORING SYSTEM

The greater the diversity of a city, the greater the threat to its security. The number of criminal cases in Kupang City was reported at 1,472, with a crime rate of 438 per 100,000 population. The number of theft cases was 1,288. This is a very high number and if it is not addressed, it will cause unrest in the community. STIKOM Uyelindo Kupang has experienced cases of theft of 7 units of laptops, wallets, helmets. The higher crime rate encourages the need for a technology-based security system that is effective, efficient and easily accessible anywhere, one of which is CCTV. Closed Circuit Television (CCTV) is a digital video camera device and is used to send signals to a monitor screen and aims to increase security. Based on the test results at 24 points of the room and open areas of STIKOM Uyelindo kupang, video streaming can run well on the room security monitoring system and can be accessed publicly.

Guarantees of the Independence of Jurors and the Role of the Chairman in Their Implementation

The problem of the independence of jurors is not new and sufficient attention has been paid to it in the domestic as well as foreign science of criminal procedure. Despite the results obtained by scientists, the domestic legislator still has problems leading to negative judicial practice in view of violations committed in the field of ensuring the independence of juries. This problem was especially relevant against the background of the expansion of the scope of the jury trial and an increase in the number of criminal cases considered in this form. One of the segments of this scientific direction is the underestimation of the role of the presiding judge, his powers, the implementation of which can either prevent a violation of the independence of the jury, or neutralize their consequences. Accordingly, the study of the powers of the chairman, the mechanisms of their implementation, aimed at ensuring the independence of jurors, is relevant. The purpose of this study is to develop a number of author’s proposals and recommendations for improving the criminal procedure law and the practice of its application in terms of ensuring the independence of jurors by the presiding judge. Within the framework of the stated goal, the following tasks were set: clarification of the meaning and criminal procedural content of the concept of “independence” and its interpretation in relation to the procedural position of jurors; determination of the set of procedural means that act as guarantees of the independence of jurors in criminal proceedings; allocation of the procedural powers of the presiding judge, aimed at ensuring the independence of jurors and identifying problems in their implementation; formation of author’s proposals to improve the legislative regulation of the powers of the presiding judge and recommendations on the practice of their implementation. Research methods: dialectical, analysis, synthesis, generalization, formal legal, comparative legal, heuristic, legal modeling. The results of the study were the author’s formulation of the concept of “independence of jurors”, proposals to clarify the totality of guarantees of the independence of jurors, as well as additions in terms of the totality of the powers of the chairman, aimed at creating the necessary conditions for the activities of jurors.

AWARENESS RAISING AND PROTECTION OF ARCHAELOGICAL HERITAGE

Significant amount of illegal excavations and information regarding Internet trade of protected artifacts, the number of criminal cases and other violations strongly implies that Latvian archaeological heritage is endangered. The detailed situation unfortunately is not precisely known since correspondent statistical data are not being processed and analysed on regular basis. Different methods are being used in order to reduce illegal obtainment and trade of antiquities, however, it is usually hard to find relatively efficient and at the same time fast solution. One of practical solutions to the problem has to do with enhancing awareness of different audiences involved. Thus, after six months of hard work, the Catalogue of Endangered Latvian Archaeological Artefacts was published in June 2016. The analysis of national situation regarding protection of archaeological artifacts, combined with survey of controlling institutions as well as study of foreign information sources allowed for some conclusions at the broader level: • awareness-raising activities seem to be necessary and valuable as legislative acts do not contain all the information needed for different audiences. Awareness raising achieved by information dissemination concerning protected archaeological artifacts and related issues seems to be accelerated comparing to other possible solutions; • understanding the factors that push to wrongdoing or influence abstention from it in the context of current political and socio-economic situation is probably the key aspect for facilitating protection of cultural heritage; • the combination of informational, legal, law enforcement, analytical, coordination, organization and mutual cooperation activities is important for more effective protection.

A Scientific Understanding of Conditions for a Commercial Legal Entity to be Criminally Charged under the Current Criminal Code

Although the Vietnam’s Criminal Code 2015 (amended in 2017) (“Criminal Code 2015) has come into force since January 1, 2018; the number of criminal cases against commercial legal persons is very limited. The major cause of this limitation originates from the absence of guidance on interpretation of these regulations as they are newly introduced in criminal law of Vietnam. Based on popular doctrines regarding criminal responsibility of legal persons and regulations of other states, the Author of this paper presents her own perspectives on how conditions for a commercial legal person to be criminally charged under Article 75 of the Criminal Code 2015 should be interpreted.

Review of the collective monograph by T.V. Semina, V.A. Klevno, A.Yu. Gusev, O.V. Veselkina “Criminal liability of a doctor in modern Russia” edited by T.V. Semina

The authors reviewed the monograph by T.V. Semina, V.A. Klevno, A.Yu. Gusev, O.V. Veselkina Criminal liability of a doctor in modern Russia under the general edition of T.V. Semina.
 This monograph has an important theoretical, educational and practical value, will make a significant contribution to minimizing cases of criminal prosecution of doctors, and will also serve as a good tool for training highly qualified personnel in legal and medical specialties.
 The publication can be recommended to practicing doctors, administrations of medical institutions, forensic medical experts, researchers, graduate students and students of medical specialties, as well as to a wide range of readers.
 The authors gave a review of the collective monograph by T.V. Semina, V.A. Klevno, A.Yu. Guseva and O.V. Veselkina Criminal liability of a doctor in modern Russia under the general editorship of T.V. Semina.
 A monograph on a new, relevant, little-studied topic is of great theoretical, cognitive and practical importance, makes a significant contribution to minimizing cases of criminal prosecution of doctors, since the ultimate responsibility for the deterioration of patients health in case of poor-quality treatment lies with the attending physician.
 The Decree of the President of the Russian Federation On the National Security Strategy of the Russian Federation provides that the state socio-economic policy being implemented in the Russian Federation is aimed, in particular, at ensuring a decent life and free development of a person, creating conditions for improving the health of citizens, increasing life expectancy, reduction in mortality.
 The healthcare industry affects the most valuable thing that humanity has - life and health: all this makes the problem of criminal liability of a doctor, its importance and relevance, particularly acute. In Russia, over the past five years, the number of criminal cases against doctors has increased 5 times; The medical community fears not only criminal prosecution, but also the criminalization of the profession. Patients rights activists also believe that criminal punishment deprives the profession of the opportunity to recognize doctors mistakes, analyze and correct them. Instead, doctors are intimidated by the possibility of criminal punishment, and they develop only a criminal mindset.
 In a number of cases, the life and health of citizens become the object of criminal encroachment on the part of medical workers, which makes iatrogenic crime one of the pressing problems of modern Russia, which is currently not properly studied, understood and analyzed from a scientific standpoint. In this regard, the collective monograph Criminal liability of a doctor in modern Russia should be recognized as timely and very relevant.
 The publication will serve as a good guide for the training of highly qualified personnel in legal and medical specialties and can be recommended to practitioners, administrations of medical organizations, forensic experts, researchers, graduate students and students of medical specialties, as well as a wide range of readers.

Criminal Procedure Code of Russia: Twenty Years Later (2001–2021)

Criminal Procedure Code of Russia: Twenty Years Later (2001–2021)

Irrational Drug Therapy as One of the Reasons of Medical Errors

The number of criminal cases against doctors has increased in recent years. The major reason for them was failure in delivery of any medical services that resulted in harm to health or death of the patient. The legislation of the Russian Federation for the medical industry is imperfect, however, the health care delivery failure can be associated with doctors’ non-compliance to the action algorithms specified by regulatory acts. The review has collected up-to-date legislative information regarding polypharmacy, off-label drug administration, irrational antibiotic therapy, that are neglected by doctors. Although, these problems become more and more crucial and they arouse interest of investigation bodies.

ПОСТАНОВЛЕНИЕ ПЛЕНУМА ВЕРХОВНОГО СУДА РФ ОТ 26 НОЯБРЯ 2019 г. № 48 «О ПРАКТИКЕ ПРИМЕНЕНИЯ СУДАМИ ЗАКОНОДАТЕЛЬСТВА ОБ ОТВЕТСТВЕННОСТИ ЗА НАЛОГОВЫЕ ПРЕСТУПЛЕНИЯ»: АНАЛИЗ ОСНОВНЫХ НОВЕЛЛ

The article provides a critical analysis of a number of provisions of the Resolution No. 48 of the Plenum of the Supreme Court of the Russian Federation of November 26, 2019, “On the practice of the courts’ application of legislation on liability for tax crimes”. The author notes that the current version of the decree allows considering tax evasion as a formal crime. Thus, the Supreme Court of the Russian Federation laid down the preconditions for classifying tax evasion as a continuing crime, which would significantly reduce the number of criminal cases terminated due to the expiration of the statute of limitations for criminal liability. The author also draws attention to the refusal of the Supreme Court to define the category “concealment of funds or other property” for the purposes of applying Art. 199.2 of the Criminal Code of the Russian Federation. It is noted that such a refusal may lead to a broader interpretation by the courts of this criminal law norm.

PENGARUH SUMBER DAYA MANUSIA PENYIDIK TERHADAP KEBERHASILAN PENYIDIKAN (Studi Pada Satreskrim Polres Dharmasraya)

The human resource capacity of the Satreskrim Polres Dharmasraya is still lacking due to the large number of criminal cases handled. The Influence of Human Resources of Investigators on the Success of Investigations at the Satreskrim at the Dharmasraya Police is the success of an investigation which is determined by whether or not an investigation is conducted. This influence can be measured by several criteria, namely the educational and vocational background (dikjur) of the investigators, at the Satreskrim of the Dharmasraya Police, investigators and assistant investigators who have participated in Dikjur in the field of criminal investigation or supporting the field of criminal investigation are 11 people during 2018. The number of investigators and assistant investigators is 34 people at the Satreskrim Polres Dharmasraya, so only 38 percent have a background in the field of Education and Culture in the field of criminal investigation or supporting in the field of criminal investigation. Experience conducting investigations. The efforts made and the obstacles faced by the Satreskrim of the Dharmasraya Police to fulfill the human resources of investigators was to increase the capacity of the Police Investigators so that they were able to understand and master laws / legal regulations. This can be pursued through improving education for members of the Satreskrim Polres Dharmasraya both formal and material education.

Characteristics of criminal cases against physicians charged with opioid-related offenses reported in the US news media, 1995\u20132019

BackgroundPharmaceutical companies and drug distributors are intensely scrutinized in numerous lawsuits for their role in instigating the opioid epidemic. Many individual physicians have also been held accountable for activities related to prescribing opioid medications. The purpose of this study was to examine the epidemiologic patterns of criminal cases against physicians charged with opioid-related offenses reported in the US news media.MethodsWe searched the Nexis Uni® database for news media reports on physicians who had been arrested, indicted or criminally charged for illegally prescribing opioids between January 1995 and December 2019. Data collected from the news media reports include defendant’s age, sex, clinical specialty, type of crime and legal consequences.ResultsThe annual number of criminal cases against physicians charged with opioid-related offenses reported in the US news media increased from 0 in 1995 to 42 in 2019. Of the 372 physician defendants in these criminal cases, 90.1% were male, 27.4% were 65 years and older, and 23.4% were charged in Florida. Of the 358 physician defendants with known clinical specialty, 245 (68.4%) practiced in internal medicine, family medicine, or pain management. Drug trafficking was the most commonly convicted crime (accounting for 54.2% of all convicted cases), followed by fraud (19.1%), money laundering (11.0%) and manslaughter (5.6%). Of the 244 convicted physicians with known sentences, 85.0% were sentenced to prison with an average prison term of 127.3 ± 120.3 months.ConclusionsThe US news media has reported on an increasing number of opioid-related criminal cases against physicians from a wide variety of clinical specialties. The most commonly convicted crime in these cases is drug trafficking, followed by fraud, money laundering, and manslaughter.

The enforcement significance of the admission of guilt agreement. Elements of compared law

The enforcement value of this institution resides in the fact that Romanian criminal justice needs to relieve congestion in regard to the large number of criminal cases tried before the courts of law, thus granting the defendant the right to admit the deed he is accused of and benefit from a reduced sanction as a result of a simplified procedure. The article discusses the most important advantages of the regulation of this institution on a national level.

PENAL MEDIATION AS ALTERNATIVE DISPUTE RESOLUTION IN PAREPARE

The purpose of this study is to analyze the penal mediation that does not aim to achieve formal justice and the practice of penal mediation at the Parepare Police Department. The research method is normative legal research, using a statute and conceptual approach. The collected legal materials are then analyzed qualitatively, then presented descriptively. The results showed that the dimension of mediation of the penalties achieved was not formal justice through the Criminal Justice sub-system regulated in formal legal regulations. From a juridical perspective, mediation of penalties in the dimensions of state law (ius constitutum) is actually not well known and still leaves controversy among those who agree and disagree to be applied. The essential issue leads to the choice of a pattern of criminal dispute resolution, related to the domain of state superiority with the superiority of the local wisdom community. The practice of mediating penalties at the Parepare Police Department in the last 3 years (2017, 2018 and 2019) the number of criminal cases every year has always increased in number, as well as the mediation of cases conducted by the Manokwari Police Department each year experiencing an increase in the number of criminal cases being mediated.

PENGEMBANGAN ANALISIS GEROMBOL BERHIRARKI DENGAN KETERGANTUNGAN SPASIAL PADA INDIKATOR MAKRO SOSIAL EKONOMI DI KABUPATEN/KOTA PROVINSI SULAWESI TENGAH

This paper develops how the hierarchical clustering analysis uses multivariate variables with spatial dependence on macro social-economic indicator data in Regency/City Central Sulawesi Province. Macro social-economic indicator data used in this paper are the number of criminal cases, per capita expenditure, population density, and Human Development Index of Regency/City of Central Sulawesi Province in 2018. To answer this question, Macro social-economic indicator data was reduced to a new variable using principal component analysis. The new variable was used to identify spatial dependency using the Moran index test. Spatial weight, that meets the Moran index test on the alternative hypothesis (there is a spatial dependency between locations), was used as the spatial dependency distance. Cluster analysis using two distance including variable and spatial dependency distance. The results showed that neighboring Regency/City are in the same cluster (spatial dependency occasion). So that there are five clusters Regency/City in Central Sulawesi Province.

PLEA BARGAININGS FOR WAR CRIMES IN BOSNIA AND HERZEGOVINA: BETWEEN REPENTANCE AND CONSENSUAL JUSTICE

One of the contemporary tendencies in the development of criminal procedural law is the introduction of simplified (summary) forms of criminal procedure, aimed at accelerated resolution of criminal disputes and reducing the number of criminal cases. Among the most common forms of simplified procedure in comparative law are institute of the plea bargaining (plea agreement), which represents a settlement sui generis between the prosecutor and the suspect/accused, under which the prosecutor offers to accused certain procedural benefits in exchange for a guilty plea to committed crime. These benefits, for example, can be reflected in proposing a more lenient qualification of the crime, or withdrawing certain elements in the charge, proposing the imposition of lenient criminal sanctions etc. There are many arguments pro et contra application of the institute in question. It is undoubted that the application of a plea bargaining contributes to a faster resolution of criminal cases and to a reduction of the costs of criminal proceedings, and at the same time such a confession, especially if it is accompanied by sincere repentance, can be a significant satisfaction for victims, etc. On the other hand, the settlement of parties in criminal proceedings can significantly jeopardize the processes of establishing material truth and corrective justice, especially in war crimes criminal proceedings. These paper presents basic information on war crimes prosecutions in Bosnia and Herzegovina and analyzes the legal framework for its implementation, as well as the advantages and disadvantages of a plea bargaining. Statistical indicators were collected and discussed on the scope of the plea bargaining in war crimes committed in Bosnia and Herzegovina, which have been conducted before the International Criminal Tribunal for the former Yugoslavia (ICTY), serbian and german judiciaries, as well as courts in Bosnia and Herzegovina. It was found that about one-quarter of those convicted by the ICTY have previously concluded an agreement with The Hague Prosecution. In addition, the plea bargaining (plea agreement) applies to war crimes cases to a large extent in the courts of Bosnia and Herzegovina, where, interestingly, the scope of its application in relation to these crimes is at the level of the average application of this institute of all crimes prosecuted by the courts in Bosnia and Herzegovina, and is around 10%. The somewhat smaller scope of the plea agreement for war crimes in Bosnia and Herzegovina has been reported by the courts in the Republic of Serbia