Type Of Offense Research Articles

Legal Responsibility Issue of Forensic Expert in the Field of Law

Changes to procedural legislation of Ukraine in 2017 added a new participant in lawsuit, namely: legal expert. Such an expert can be a person who has an academic degree and is a specialist in the field of law. Legislator did not put forward any other requirements for the new participant in lawsuit, that caused lively discussions, in particular, on the question of whether an expert in the field of law bears legal responsibility in general and what exactly. In view of the above, the purpose of this article is to determine the legal responsibility of forensic expert in the field of law. The methodological basis of the article is separate scientific methods of cognition, in particular: logical-semantic, systemic-functional, comparative-legal, structural-logical (reveals the issue of legal responsibility of an expert in the field of law) and methods of mathematical statistics (for quantitative comparative assessment and qualitative analysis of the obtained results). The article describes the rights and duties of an expert in the field of law, provided for by procedural legislation of Ukraine. Comparison of the procedural status of a forensic expert conclusion in the field of law with the conclusion of forensic research was made. Possible types of offenses by an expert in the field of law are proposed to be systematized into three groups: civil, organizational, and procedural ones. Four types of legal responsibility of forensic expert in the field of law are characterized: disciplinary, civil, administrative and criminal ones.

Offence trajectories of young Australian novice drivers

This paper aims to add to the sparse research on patterns of traffic offending in young novice drivers by examining the trajectories of young Australian novices throughout the graduated driving licensing system (GDLS). Data on licensing, crashes and traffic offences for all persons aged under 25 years first licensed from July 2007 to June 2008 in New South Wales were supplied by transport authorities, with follow-up to January 2014. Eight hierarchical categories of offence were defined by seriousness. Total numbers of offences per month were plotted for one year after initial licensure while under supervision (L), after transitions to the first (P1) and second (P2) provisional licence phases and to unrestricted licensure (U). After excluding novices not transiting to P1, 75,470 novices (51.5 % male, 77.7 % 16 years old at L) remained. Of these 63,070 had a year of follow-up after P2 (52.5 % male, 82.3 % 16 years old at L) and 28,861 had a year of follow-up after U (55.5 % males, 91.7 % 16 years old at L), Offences were uncommon under at L but spiked after P1 and again after P2. Omitting GDLS offences there was a small increase after U. Patterns were broadly similar by age at L and time in L. Novices aged at least 18 years at L had the highest offence rates in the learner phase; those aged 17 years at L had the highest rates in P1 and P2. The longer novices spent in the supervised driving phase the lower their subsequent offence rates even allowing for age at P1. Urban or regional residence had little influence on offence rates but lower aggregate socio-economic status as measured by a census-derived index was associated with appreciably higher offence rates. Speeding was the most common offence type; dangerous/negligent driving was common immediately after P1, declining thereafter. These results are in broad agreement with previous research in noting the increase in offending as GDLS restrictions eased. They highlight the need for better understanding of the function of a GDLS in improving the safety of young drivers. They may also inform future enforcement and education policies for novice drivers. For example, rehabilitative interventions should occur coupled with enforcement soon after citation. Visible display of GDLS status would assist their identification.

Prosecution of Environmental Crime in the Federation of Bosnia and Herzegovina for the Period 2018–2020

The paper analyzes issues related to the criminal prosecution of perpetrators of crimes against the environment, especially from the aspect of criminal legislation and the practice itself in the prosecution of these crimes against the environment in the Federation of Bosnia and Herzegovina. Bearing in mind that in criminal offenses against the environment, as a rule, there is no immediate victim, and that this type of criminality can remain unnoticed for a long period of time before any possible damage becomes visible, in this paper, the review of official statistical data offers an overview related to the processing of these of criminal offenses in the Federation of Bosnia and Herzegovina for the selected three-year period from 2018 to 2020. Although the majority of criminal legislation in the countries of the former Yugoslavia, including Bosnia and Herzegovina, sets a high level of environmental protection, the analysis of official statistical data cannot conclude that the detection and prosecution of this type of criminal offense has a sufficient prioritization in Radujoš. both with administrative bodies and with criminal prosecution bodies, regardless of the developed capacities about the dangers and serious consequences of this type of criminality. In this regard, in addition to the practice of prosecuting criminal offenses against the environment in the Federation of Bosnia and Herzegovina, the paper also offers a set of recommendations for decision makers on systemic steps for adequate environmental protection.

OFFENDERS, ADULTERESSES, AND MURDERESSES IN AMERICAN LITERATURE: FROM THE COLONIAL TO THE POSTMODERN ERA

This paper examines American female transgressors from the early colonial period to the late postmodern age and their representations in American literature. Its main aim is to identify the most relevant female offenders from each historical era and analyze how authors portray their characters in each literary work. Furthermore, it offers different insights into the social, cultural, political, and jurisprudential contexts of the murder cases of each female perpetrator under discussion. The paper also compares fiction to non-fiction literary texts and the similarities and differences contributing to a murderess’s standard representation. The representation of American transgresses is highly contingent on the literary genre of the texts, the type of offense, and the socio-cultural, historical, and ideological context of the time. What they have in common is that they murder people closely related to them. The opposing groups are single and double homicide committers, emotionally driven by victimization and vengeance, and emotionless serial killers, whose murder-prone behavior emanates from deviance. On the one hand, true-crime books offer unprecedented and controversial details about murderesses. On the other hand, crime fiction puts them into an imagined context. The most common depictions of female perpetrators are victimized women who suffer in a patriarchal society, romanticized femme fatales, or devilized mental health sufferers.

Discretion and Disagreement: A Longitudinal Study of Departures Under Presumptive and Advisory Sentencing Guidelines

Policy disagreements have been overlooked as a driver of departure in state sentencing guideline systems. The current study uses the relaxation of Michigan’s sentencing guidelines as a case study for investigating how increases in sentencing discretion affect the use of departures. The analysis focuses on sentencing for the highest crime classes as potential sites of policy disagreement. Results reveal a significant increase in the monthly rate of downward departure and growing variability in departure usage under advisory guidelines. Elevated downward departure rates and differences in the likelihood of downward departure by offense type point to judicial disagreement with guideline sentencing recommendations. Patterns in departure are a valuable source of feedback on guidelines that should inform routine modifications.

Насильницька статева злочинність в Україні: характеристика та міжнародний досвід

Annotation. The article examines the normative and legal characteristics of the concept of «violent sexual crime», studies the opinions of Ukrainian scientists regarding the problem of detecting violent sexual crime, and examines the statistical data of the Prosecutor General's Office regarding the frequency of this type of criminal offense. The foreign experience regarding the peculiarities of differentiation of violent sexual crime in the criminal legal acts of the Kingdom of Spain, the French Republic, and the Republic of Poland was analyzed. Violent sexual crime is considered as a multifaceted complex phenomenon that requires research from various aspects, such as: prevalence on the territory of the state, profile of victims and criminals, mechanisms of combating such crime. The current state of the legal context of criminal offenses against sexual freedom and personal integrity has been studied, in particular the definition of crimes, the establishment of criminal sanctions and the imposition of punishments on guilty persons in the current legislation of Ukraine. The main criminologically significant signs of violent sexual crimes are formulated, which can later become the basis for developing a strategy to combat violent sexual crime in Ukraine.

Кримінальна відповідальність за ухилення від сплати податків, зборів (обов’язкових платежів): сучасний погляд на проблему

The article analyses the theoretical and legal aspects of criminal liability for evasion of taxes and fees (mandatory payments) in the current context. In particular, the authors analyse the concept and features of criminal liability, as well as the grounds for its occurrence. It was found that Article 212 of the Criminal Code of Ukraine «Evasion of taxes, fees (mandatory payments)» actually provides for criminal liability for violation of tax legislation. At the same time, this article provides for the establishment of the fact of violation of a specific tax norm, as a result of which taxes were not paid. It is noted that criminal liability for evasion of taxes, fees (mandatory payments) has all the properties of criminal liability, taking into account the peculiarities of tax legal relations. It was determined that the signs of criminal liability for evasion of taxes, fees (mandatory payments) are that it: 1) is provided for by the norms of the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine and other regulatory legal acts; 2) is a criminal legal guarantee of payment of taxes, fees (mandatory payments); 3) is established in case of intentional evasion of taxes, fees (mandatory payments). The article analyses the elements of a criminal offence under Article 212 of the Criminal Code of Ukraine, the methods of committing this type of offence and the conditions of criminal liability for evasion of taxes, fees (mandatory payments). The authors consider the qualification for intentional evasion of taxes, fees (mandatory payments) and summarise the statistical data on the number of criminal offences in proceedings in which the pre-trial investigation is carried out by the Bureau of Economic Security of Ukraine based on Article 212 of the Criminal Code of Ukraine for January 2020‒2023. It is noted that criminal prosecution for evasion of taxes and fees (mandatory payments), although an effective means of influencing offenders, should be noted that national legislation needs to be finalized in order to achieve clarity and unambiguity.

Crimes against personal freedom in the criminal legislation

Relevance. The article addresses the critical issue of protecting personal freedom globally and in the Republic of Kazakhstan. The significance of this paper lies in the fact that personal freedom is a fundamental human right, and no individual should be subjected to arbitrary deprivation of liberty, arrest, or detention without legal grounds. Purpose. This study aims to conduct a comparative analysis of the criminal legislation of several countries, including Russia, Ukraine, France, Germany, and China, concerning the protection of personal freedom. Additionally, the study aims to propose improvements to the criminal legislation of Kazakhstan in this domain. Methodology. The research primarily employs the comparative legal method to analyse and compare the criminal laws of the mentioned countries with those of Kazakhstan. Results. The analysis reveals that the scope of crimes against personal freedom in the legislation of the studied countries is broader than in Kazakhstan. In many cases, crimes against personal liberty are categorized under a distinct chapter dedicated to this type of offence. Conclusions. The conclusions drawn from this research suggest that the insights gained can be instrumental for further studies on this issue. A thorough understanding of different legislative frameworks can aid legislators in more effectively combating crimes against personal freedom and potentially reducing their incidence in the future. Keywords: criminal legislation; kidnapping; human trafficking; illegal imprisonment

Self-harming behaviors and forensic system-related factors: an analysis of the Ontario review board database

BackgroundIn Canada, ensuring public safety, and the safety and well-being of accused individuals under the jurisdiction of the provincial review board are very important. While previous studies have reported a significant risk of self-harming behaviors (non-suicidal self-injury and suicide attempt) in forensic psychiatric settings, no large population study has assessed any relationship between forensic system-related factors and self-harming behaviors. A better understanding of these factors can help clinicians implement protective measures to mitigate self-harming behaviors or actions.MethodsUsing the Ontario Review Board (ORB) database covering 2014–2015 period (n = 1211, mean age = 42.5 ± 13.37 years, males = 86.1%), we analyzed the prevalence and factors associated with self-harming behaviors, emphasizing the characterization of the forensic system-related factors (ORB status, legal status, type of offense, previous criminal history, and victim relationship). The relationships between the forensic system-related factors and self-harming behaviors were explored using five separate logistic regression models, controlling for clinical and sociodemographic characteristics.ResultsApproximately 4% of the individuals in the forensic system over the study period engaged in self-harming behaviors Among the studied patients, individuals determined to be unfit to stand trial and inpatients were significantly more likely to have self-harming behaviors. There was no significant relationship between the type of offence, victim relationship, and previous criminal history with self-harming behavior.ConclusionForensic psychiatry inpatients should have close observation, screening, monitoring, and individual tailored management strategies for self-harming behaviors. The findings of this study indicate that forensic system-related factors, especially those that pertain to the status of individuals in the forensic system (i.e., unfit to stand trial and being an inpatient) are more responsible for self-harming behaviors among forensic patients in Ontario.

From Idolatry to Gentilidade: Assessing Local Christians’ Religious Offences in the Goa Inquisition (17th Century)

During the first half of the 17th century, the Goa Inquisition increased its focus on religious offences committed by the so-called Cristãos da Terra (local Christianized populations). Many of these perceived offences occurred in connection with rituals, practices and behaviours stemming from Asian cultural and religious settings, leading the inquisitors in Goa to assess a variety of external features and performances (“signs”) in order to determine the seriousness of the offence and the penalty to impose. While these actions were primarily labelled as “idolatry”, during the 1620s, inquisitorial personnel in Goa suddenly adopted a new designation—that of “gentilidade”—to refer to a type of offence that involved apostasy from Catholicism in favour of the “Law of the Gentiles.” In this paper, I will analyse the context that led to this epistemic change in labelling religious offences, while also comparing the extant Goa Inquisition trials and summaries with later catalogues of cases where offences first began to be designated as “gentilidade.” I will argue that during the 1620s such changes in classifying religious offences were the outcome of a debate that, even though it was external to the Goa Inquisition, incidentally questioned some of its procedures and prompted its inquisitors and prosecutor to repurpose an already existing term into a broad category denoting heresy and apostasy, thus reinforcing the legitimacy of the tribunal’s judicial practices.

Cyber crimes as a threat to state security: criminology and organizational features of accounting

The article analyzes the types, forms and content of statistical reporting reflecting the state and structure of cybercrime in Ukraine. It is noted that there is no universally recognized concept of cybercrime in international legislation. There is currently no clear definition of the concept of cybercrime in domestic legislation. Among scientists and practitioners, there is also no single approach to delineating the grounds for classifying illegal acts as such crimes. The reports were developed without further analysis of cybercrime. On the basis of official state reporting prepared by the Office of the Prosecutor General of Ukraine and the State Judicial Administration of Ukraine, it is possible to analyze a small group of criminal offenses, namely, those provided for by the articles of Chapter XVI of the Criminal Code of Ukraine. Some of the “traditional crimes” that fall under the concept of cybercrime are reflected in the departmental statistical reporting of the National Police of Ukraine, but it does not cover all cybercrimes and, of course, takes into account only those assigned to the jurisdiction of the National Police of Ukraine. Therefore, in Ukraine, there is no official state statistical reporting on cybercrime. Considering the high latency of this type of criminal offense, it can be stated that it is impossible to conduct an analysis that would fully and reliably reflect the state of cybercrime in Ukraine.

Criminal legal protection of pharmaceutical activity on the circulation of medicinal products in acts of foreign criminal legislation

The article examines the issue of the specifics of the criminal law protection of pharmaceutical activity in the circulation of medicinal products in acts of foreign criminal legislation.
 The author proposes to single out the most typical types of criminal offenses that encroach on pharmaceutical activity depending on the typical types of "impact” of pharmaceutical activity, namely when ensuring various stages of trade and other circulation (turnover) of medicinal products and other items of pharmaceutical activity.
 The author conducts a thorough review of the criminal legislation of such countries as the Federal Republic of Germany, the Republic of Austria, the Swiss Confederation, the Kingdom of Spain, the Republic of Estonia, the Republic of Poland, Turkey, Romania, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Uzbekistan, the Republic of Moldova, the Republic of Tajikistan and the Republic of Azerbaijan . Such acts of criminal legislation are analyzed from the point of view of the scope of criminal legal protection of the sphere of circulation of medicinal products and in relation to the norms defined in the criminal legislation of Ukraine.
 The article notes that the provisions of acts of foreign criminal legislation establish typical and atypical types of criminal offenses that encroach on pharmaceutical activity as an independent object of criminal law protection.
 The author's attention is drawn to the fact that acts of foreign legislation define both a more "broad" and a smaller ("narrow") scope of criminal offenses of a specific type. And in separate acts of foreign criminal legislation, the concept of illegal medicinal products trafficking as an independent type of criminal offense is defined in different ways.
 It is noted that the conducted comparative legal research demonstrated that the most complete scope of criminal legal protection of circulation of medicinal products and circulation of medical devices as elements of pharmaceutical activity is presented in the German and Swiss "models" of criminal legal protection. These models of criminal law protection received a detailed review and analysis, due to the detailed provisions of the criminal legislation of the Federal Republic of Germany and the Swiss Confederation.

Factors and Patterns Associated with Juvenile Delinquency with reference to Juvenile Crimes in India

Objectives: This study aims to examine the patterns in juvenile delinquency based on factors including age, gender, offence type, and characteristics used in NCRB reports and to comprehend the various factors that contribute to juvenile crime. Methods: This study was done using the secondary data which was collected from the National Crime Records Bureau (NCRB) reports in the year of 2017 to 2021 by the Government of India. Result and discussion: The analysis of the aforementioned data reveals that there is a higher level of juvenile crimes in India especially in various states. It also shows that a significant proportion of juvenile individuals have unfortunately fallen victim to a multitude of socio-economic pressures, including poverty, inadequate parental guidance, limited access to education, and the influence of peer groups. The crime rate in India has exhibited a notable upward trend over the years, accompanied by a concerning decline in the rate of convictions. Conclusion: The issue of juvenile delinquency necessitates focused consideration and an approach that prioritizes the well-being of children, with an emphasis on safeguarding and proactive measures to prevent their involvement in deviant behaviour. Research Implications: The findings can have implications for policymakers and educators in the realm of pedagogy development. Additionally, it bears relevance for family members and other stakeholders who play a crucial role in fostering the comprehensive growth and development of children.

Incarcerated Fathers and Their Children in The Netherlands: Demographic and Detention Factors That Affect the Father–Child Relationship: A Secondary Analysis

Internationally, incarcerated fathers and their children are often administratively invisible. The protective father–child relationship (FCR) is understudied. A secondary analysis was conducted to identify the number of all Dutch incarcerated legal fathers and their children; and several demographics and detention factors (e.g., prison length, offense type) were uncovered. Over 34% of incarcerated men were legal fathers, with approximately 12,000 children, mostly minors (64%), in each yearly count. Fathers differed from nonfathers by age, ethnic background, type of offense, and prison length. Follow-up research is needed to understand the interrelatedness of different demographics and detention factors and their impact on the FCR.

Predicting the Risk of Re-Offending in Child-to-Parent Violence Using the Structured Assessment of Violence Risk in Youth.

Child-to-parent violence occurs when children engage in violent behaviour towards family members; the principal victim is often the mother. The risk assessment instruments used to identify the risk and protective factors in youth offenders who perpetrate child-to-parent violence are not specific to this type of offense. This study aims to describe the child-to-parent violence group in relation to the risk and protective factors they present in comparison with the group of young people who committed an assault offence. The sample for this study consists of two groups of youth offenders. The first group committed child-to-parent violence, and the second group has committed a violent crime against individuals to whom they are not related. Young people who commit child-to-parent violence have higher scores on the SAVRY risk factors and lower scores on the SAVRY protective factor than young people who have committed an assault offence. The results reveal the importance of identifying the risk and protective factors presented by youth offenders who commit child-to-parent violence in order to create specific intervention programs for the needs and strengths presented by this group of young people.

Criminal enforcement of intellectual property rights: an overview and comparative analysis of the Balkans

Abstract Criminal enforcement plays an important role to safeguard both the private rights and the public interests against counterfeiting, piracy and other unlawful activities related to the infringement of intellectual property rights (IPRs). Owing to the international obligations outlined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement), infringement of IPRs has been criminalized by all member states and criminal procedures shall apply accordingly under the conditions determined in their national laws. This article aims to present an overview and comparative analysis of the criminal law protection of IPRs in the Balkans to point out the main difficulties faced by the criminal courts in their practice. In particular, attention focuses on trade mark rights as a case study. The article examines the relevance of criminal law within the context of international obligations and domestic legal frameworks by providing a detailed legal analysis of the corresponding criminal law provisions in the Balkan countries. In this regard, the article identifies the elements required for the investigation and prosecution of such type of offences by evidencing the practical issues and difficulties of law enforcement agencies where they need to prove the intention of deceiving consumers as a necessary element to hold a person criminally responsible. Overall, the article explores the practical significance of criminal law in the enforcement of IPRs as an effective tool in deterring and prosecuting IP crimes, as well as provides some important steps to improve criminal law tools in the Balkans.

The german «model» of criminal-legal protection of the circulation of medicines and the circulation of medical products: concepts and structure

The article examines the German «model» of criminal law protection of circulation of medicines and circulation of medical products. A number of obligations assumed by Ukraine after the conclusion of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand, are analyzed. In particular, obligations related to the legal protection of medicines and medical products.
 The subject of the authors’ consideration is the European standards of the «model» of criminal law protection of circulation of medicines and circulation of medical products against their counterfeiting (falsification), which Ukraine is obliged to take into account (according to the Medicrime convention).
 The criminal legislation of the Federal Republic of Germany is studied, as it provides the most complete protection of the circulation of medicines and the circulation of medical products. The German Medicines Act (1976) and the German Medical Products Act (2002) were developed by the authors.
 The German approach in defining the concept of medicinal products in the Law on Circulation of Medicinal Products is presented, which, according to the authors, is important because it «contradicts» the approach laid down in the Medicrime Convention.
 The article pays attention to the types of German criminal offenses that encroach on the established order of circulation of medicinal products and the types of criminal offenses that encroach on the established order of circulation of medical products.
 The authors find that the main advantages of the German «model» are the detailed inclusion of the provisions of the regulatory legislation, which ensures the circulation of medicinal products and the circulation of medical products, in the content of the structural elements of a specific type of criminal offense: a) in the content of objective and subjective signs of the corresponding composition of the act (on one «level» of the structure of the criminal offense), as well as b) the illegality of these criminal offenses (on another «level» of the structure).
 The content of “the circulation of medicines” and “the circulation of medical products”, provided for in the relevant provisions of the German Law on the circulation of medicines and the Law on medical products, is analyzed.

Characteristics of Illicit Access to Data and Crimes against Information Systems in Hungary between 2013 and 2021

Aim: The aim of the study is to present the results of the research carried out by the National Institute of Criminology on the implementation of the Criminal Code. Chapter XLIII of the Criminal Procedure Code was conducted by the National Institute of Criminology.Methodology: The study was conducted using the methodology of data collection, data analysis, criminal file analysis.Findings: The domestic regulatory environment adequately covers a wide range of cyber-attacks. Hungarian characteristics can be seen in the broader perspective of current international and European developments in cyber security and cybercrime. The data show a steady but not uniform increase in the number of reports of such crimes, as more and more people use various information systems in their daily lives, while neglecting, in whole or in part, measures to ensure their safe use. The conclusion of the national survey is that there are several types of offences which are basically well defined. It may be a challenge for law enforcement to keep track of new types of offences and to classify individual offences.Value: Conclusions and recommendations on the specifics of the offences covered by Chapter XLIII of the BPC; the (new) Criminal Code since its entry into force, there has been no research of this scope and content on the topic, including criminal document analysis, in Hungary.

THE «HUMAN DIMENSION» DOCTRINE HUMAN AND CITIZEN RIGHTS AND FREEDOMS IN UKRAINE

The article is devoted to the doctrine of the «human dimension», the essence of human and citizen rights and freedoms. In the course of the study, it was substantiated that nowadays in Ukraine the problem of real provision of human and citizen rights and freedoms, which is connected with the insufficient level of observance of the rights and freedoms enshrined in the Basic Law by the state, as well as the insufficient level of their protection, is gaining special importance from various types of offenses. The analysis of the systematic study shows that the problem of ensuring and protecting human rights in Ukraine is complex and multifaceted, and the creation of additional guarantees and mechanisms for the realization of individual rights and freedoms is a priority task of the state at the current stage and in modern historical crisis realities. It is proved that in independent Ukraine today the theory of recognition of human dignity is extremely popular, which is an integrative property of human nature and is one of the institutional sources of his basic rights. It is predicted that in the near future all doctrinal positions in the field of ensuring and protecting the rights and freedoms of a person and a citizen will require appropriate normative and legal regulation, in particular, constitutional. The problem of ensuring human rights at the end of the 20th - at the beginning of the 21st century became one of the most urgent problems of humanity. It is the person in the theory and practice of constitutionalism who occupies the main place, because he is the main reference point for the development, improvement and implementation of the theory and practice of further development. The issues of human and citizen rights and freedoms in Ukraine are of particular interest not only to legal theorists, but also often become a topic of research among practitioners from various fields of law and among different countries.

Avoiding plagiarism in higher education: legal interpretation and controversies

Plagiarism and copyright infringement are intrinsically connected. The paper examines EU law in this area, depicts different types of plagiarism and copyright offences as well as different types of penalties. The focus is on higher education plagiarism and the use of several types of anti-plagiarism software to tackle that problem. Several controversies have been examined and recommendations offered on avoiding some of the common problems.