Official Crime Research Articles

Organizational and legal principles of forensic examination in the field of road infrastructure

The aim of the work is to analyze the offenses committed in the field of road infrastructure and to identify the main areas of criminal activity, for which investigation specific expertise in the form of forensic examination is applied. The methodological basis of the study of this problem was general, separate and special cognition methods. The results of performed research demonstrate possibility of distinguishing two main areas of criminal activity in the field of road infrastructure. These are official crimes related to the field of official and professional activity, as well as war crimes related to unforeseen destruction of road infrastructure. Thus, one of socially dangerous manifestations in this area are crimes related to road construction. While investigating issues of compliance of the developed project-technical and estimate documentation with the requirements of regulatory acts in the field of road construction, as well as questions of determining compliance of the completed construction works and built objects with the project-technical documentation, often arise. Such issues can be resolved if forensic expert (experts) have relevant professional knowledge in the design, construction and operation of roads, taking into account the characteristics of road infrastructure objects. At the current stage, when all Ukrainians feel consequences of Russian aggression, another problem is clearly visible. After all, for all the crimes of this shameful war, the enemy must suffer a just punishment, and the victims must receive compensation for the material and moral damage caused to them. In connection with the emergence of new tasks that arise during the investigation of war crimes committed by the aggressor country, the question of the appropriate level of expert provision of justice in conditions of war that is directly related both to increasing effectiveness of the inspection of the scene of the event and to further conducting forensic examinations. Taking into account the fact that a huge number of objects were damaged and destroyed, there was a need to use the latest methods and approaches to effectively counteract the specified manifestations of crime, in particular, development of effective system of expert justice provision at the stages of pre-trial investigation and subsequent judicial review of cases. Thereby it is important to provide expert investigation of crimes related to the establishment of damages to the state, individuals and legal entities from the destruction of immovable and movable property.

Effect of pachinko parlour openings and closings on neighbourhood income-generating crimes in Japan: 6.5 years of observations

BackgroundElectronic gambling machines (EGMs) in gambling venues cause gambling-related harm and are a public health concern. This study focused on pachinko parlours as gambling venues and income-generating crimes as gambling-related harm. We aimed to verify whether income-generating crime rates increase in proximity to pachinko parlours and during the opening and post-closing periods of pachinko parlours relative to the pre-opening periods.MethodsWe used crime records spanning 6.5 years, including data on the opening and closing days of pachinko parlours for 6.5 years. We also sampled the addresses of convenience stores, bowling alleys, and households with official land prices all over Japan. The dependent variable was the daily income-generating crime incidence rate. Areas within 0.5 km, 0.5–1 km, 1–5 km, and 5–10 km radii of the pachinko parlours were the independent variables. The pre-, opening-, and post-closing periods of the pachinko parlours were also independent variables. The covariates included the number of convenience stores and always open pachinko parlours near pachinko parlours. Data were analysed using an analysis of variance (ANOVA) and covariance (ANCOVA). We also used differences-in-differences analysis (DD) to reveal the increase in income-generating crime rates in neighbourhoods exposed to the opening or closing of pachinko parlours.ResultsThe daily income-generating crime incidence rate was significantly higher in areas within 0.5–1 km and 1–5 km radii of pachinko parlours than in those within 0.5 km and 5–10 km radii of them. The daily income-generating crime incidence rate was also significantly higher during the opening and post-closing periods than during the pre-opening period, even when controlling for the number of convenience stores and always open pachinko parlours. In particular, fraud crime rates increased with the opening and closing of pachinko parlours.ConclusionsThe highest income-generating crime incidence rate was observed within a 0.5–1 km and 1–5 km radius of pachinko parlours. The opening of pachinko parlours also increased income-generating crime incidence rates, which increased after closing. Pachinko parlours are considered to be creating public harm because the corporate activities of these parlours make the youth in their neighbourhood perpetrators of fraud and older adults its victims. Future research should examine the current findings using official crime records.

IMPROVING THE EFFECTIVENESS OF PROSECUTOR’S SUPERVISION OVER THE ACTIVITIES OF PRELIMINARY INVESTIGATION BODIES IN RELATION TO CORRUPTION-RELATED OFFICIAL CRIMES

The study analyses the reasons for the insufficient effectiveness of prosecutorial supervision during the preliminary investigation - with an in-depth analysis of the supervision of the preliminary investigation of corruption-related official crimes. The author proposes a comprehensive approach to the implementation of measures to improve the effectiveness of prosecutorial supervision, a large-scale digital transformation of the activities of the prosecutor’s office and law enforcement agencies and strengthening work on the prevention of violations of preliminary investigation bodies. It seems advisable to extrapolate on the prosecutor’s supervision the latest experience of the Accounts Chamber of the Russian Federation, which has introduced a risk-based approach and assessment of corruption risks when conducting inspections of objects of control (audit). Within the framework of a risk-based approach, the author proposes to rank violations identified during prosecutorial supervision by four risk categories. The assessment of corruption risks of objects of prosecutor’s supervision involves the formation of indicators of corruption risks. Using these indicators, coupled with risk categories, it will be possible to strengthen control and automate the monitoring of law enforcement, primarily in relation to those investigators who have violations of the highest risk categories. The analysis and assessment of corruption risks during prosecutor’s supervision of corruption-related official crimes will serve as an effective tool for detecting violations by the preliminary investigation bodies.

Terror poprzez gwałt: przemoc seksualna stosowana w kontekście meksykańskiej wojny narkotykowej

This essay examines the violent conflict between the Mexican government and cartels operating inside Mexico, which is still not legally recognized as a war. The result is the inability to punish soldiers-aggressors who commit rape as an official crime against humanity.

MEANS OF INTERNATIONAL LAW TO ELIMINATE CORRUPTION THREATS TO NATIONAL SECURITY

The subject of the article is the means of international law to eliminate corruption threats to national security. The research methodology involved the use of logical, historical and legal, systemic, natural law, formal and dogmatic, hermeneutical, economic and legal (analysis, comparison), axiological, statistical and economic methods. The purpose of the article is to reveal the means of international law to eliminate corruption threats to national security. Carrying out the study made it possible to draw the following conclusions. It was found that most countries of the world have implemented international anti-corruption norms into their national legal frameworks and have the support of international organisations specialising in the fight against corruption. The resources of foreign legal doctrine become an important source of support for domestic scientists to convince of the correctness of their scientific conclusions regarding successful anti-corruption measures. An extensive system of international anti-corruption assistance allows to minimise the costs of own relevant infrastructure. On this basis and against the background of access to powerful anti-corruption resources at the European and world level, there is essentially sabotage of anti-corruption policy in Ukraine, which has critically affected the security of the Ukrainian nation. It was emphasised that military threats from the outside are an exceptional danger for corrupt countries. At the same time, even the stabilising effect of microcorruption becomes dangerous for them in today's unstable development environment. All the positive effects of corruption in the form of improved communication through small gifts that comply with legal customs disappear when top corruption spreads in a country. Then this level of corruption multiplies a series of official crimes, treason and other crimes that destroy the foundations of national security. Already after the point of no return – the beginning of military aggression from outside against the background of prolonged high-level corruption inside the country – external support for anti-corruption reforms becomes a condition for the survival of the nation, the reduction of human losses in the war, and so forth. The need to neutralise these two challenges to national security becomes urgent after years of procrastination on accountability and other dimensions of integrity in public positions. In these cases, the national legal standard falls under the critical conditions of ultra-fast transformation, according to the successful anti-corruption models of countries that saved their nation from war and high-level corruption. It is noted that the standards set for Ukraine are quite close. These are EU standards, which are achieved through the adoption and implementation of those legal norms that reflect the current state of ensuring human opportunities. It is stressed that the specification of anti-corruption norms and the structural units of their implementation in legal reality are nativemorphic. They always differ in the degree of unification within the contexts common to nations, namely, legal traditions, mentality, historical conditions, economy, etc. Transnational anti-corruption assistance in the mutual enrichment of some nations through the possibility of using the experience of other nations. The author concludes that knowledge about the practices of building virtuous relations is the capital of the nation that possesses it. Conscious disregard of this knowledge by the recipient should be remedied by charging a fee for it. It is proposed to establish an International Organisation for Integrity Development, which would include the top 20 countries in terms of corruption and rule of law perception indices.

The utility of trace DNA within forensic science for investigative and intelligence purposes

AbstractForensic science not only provides evidence to support criminal investigations, but also contributes to knowledge surrounding criminal phenomena. Forensic scientists are in the unique position to strategically combine information gained from traces to create intelligence that can assist the security space in keeping our communities safe. Research into the use of traces for more than just criminal investigations, with a focus on the greater “utility” of a trace, has pointed to the broader problem‐solving potential of traces when more fully exploited. Alongside this, there has continued to be an exponential increase of the use of biological traces for criminal investigations, in particular the collection of trace DNA specimens. The potential for identification, among other information, trace DNA can provide is vast, however much of the previous research has predominately focused on recovery rates which does not provide a holistic view of the value of trace DNA. This paper summarizes the current knowledge on the utility of trace DNA, as well as makes suggestions toward the creation of a decision‐making model that can inform scene of crime officers in regards to trace selection and decisions about trace analysis.This article is categorized under: Forensic Biology > DNA Databases and Biometrics Crime Scene Investigation > From Traces to Intelligence and Evidence

Analyzing Efficacy and Enhancing Accessibility: A Study of India's National Cyber Crime Reporting Portal in Addressing Financial Cybercrimes

This research paper delves into the effectiveness and accessibility of India's National Cyber Crime Reporting Portal in combating financial cybercrimes. Through a multi-faceted approach encompassing statistical analysis, citizen surveys, and case studies, the study aims to identify strengths, weaknesses, and areas for improvement. Quantitative data derived from official crime reports and a comprehensive citizen survey provide insights into public awareness, usage patterns, and perceptions of the portal. Key findings reveal the portal's current impact on reporting financial cybercrimes and shed light on factors influencing its efficacy. Additionally, qualitative insights from interviews with law enforcement and cybersecurity experts, along with selected case studies, offer a nuanced understanding of real-world scenarios. The analysis culminates in actionable recommendations aimed at bolstering the portal's effectiveness and accessibility in addressing financial cybercrimes, thereby fortifying India's cybersecurity infrastructure. Key Words: cybercrime reporting, National Cyber Crime Reporting Portal, financial cybercrimes, effectiveness, accessibility, India, cybersecurity infrastructure, digital transactions, online frauds, identity thefts, law enforcement, citizen surveys, case studies, public awareness, technology, qualitative analysis, quantitative analysis, recommendations.

Constrained Power Expansion: China’s Procuratorial Reforms within and beyond Criminal Justice

This article employs the ecological theory of “boundary work and exchange” to elucidate the latest reforms in China’s procuratorial system, delineating the expanding remits of the procuratorates both within and beyond their traditional domain of criminal justice. Following the national supervision system pilot reform in 2016, which stripped the procuratorial bodies of their authority to investigate official crimes, China’s procuratorates have endeavored to expand their jurisdictions in areas such as criminal, civil, administrative, and public interest litigation. By examining how China’s procuratorates leverage their respective institutional advantages to broaden their functions, we find that they have not only strengthened their role in criminal proceedings but have also continuously expanded their functions beyond criminal litigation. These reforms follow a well-defined trajectory shaped by boundary work and exchange. However, in contrast to boundary work and exchange as usually theorized, which usually starts in ambiguous and elastic areas, China’s procuratorial reforms are notably confined to a fixed sphere. This can be attributed to the procuratorate’s pursuit of state support, which has, in turn, led to its constrained expansion. This enhanced theoretical framework sheds light on the evolving role of China’s procuratorates and underscores the potential significance of ecological theory for understanding broader institutional reforms in China.

КОНЦЕПТУАЛЬНЫЕ ОСНОВЫ ПОЛИТИКИ ПРОТИВОДЕЙСТВИЯ ДОЛЖНОСТНОЙ ПРЕСТУПНОСТИ: СОСТОЯНИЕ И ПЕРСПЕКТИВЫ

The evolution of the conceptual provisions of the policy of countering official crime in the Russian Federation during the post-Soviet period is considered. In this connection the objective factors of determining character are investigated. It is concluded that it is necessary to create mobilization political mechanisms preventing officials from affiliation with commercial structures and limiting political lobbying.

Social Solidarity and Crime: The COVID-19 Effect in Jamaica and Trinidad and Tobago*

Previous studies used the strain, rational choice, or routine activities approach to explain changes in crime levels after the COVID-19 pandemic. Observed changes have not always been consistent with predictions made by these theoretical approaches. This study uses a social solidarity approach which can be used to better explain observed changes. It is argued that national disasters, such as pandemics, can result in an increase in social solidarity which can have a suppressive effect on crime. Official crime data from Trinidad and Tobago and Jamaica are used to explore this hypothesis. The results from auto-regressive integrated moving average modeling show that there was a decline in crime in Trinidad and Tobago but not in Jamaica after COVID-19 restrictions. The study argues that social solidarity may have increased in Trinidad and Tobago, but not in Jamaica, accounting for the observed differences.

National Survey of Victimization: Another Trend-Crime Mapping Tools

The concept of the "dark figure" refers to the discrepancy between the actual occurrence of criminal activities and the quantity of reported incidents received by the criminal justice system, particularly law enforcement agencies. The term "dark figure of crime" pertains to unreported criminal incidents that are not captured inside the criminal justice system. Inclusion of these unreported crimes in official crime statistics would result in a significant amplification of the overall crime figures. To address the disparity between police records, namely police crime statistics, and the actual occurrence of crimes, many regions have initiated efforts to incorporate victims as the focal point of their investigations. In Indonesia, surveys of victims are generally carried out by private groups, and relate to certain types of crimes. The hesitancy exhibited by victims in reporting their experiences might provide challenges for law enforcement officials in their efforts to uphold societal stability. Victim surveys can extend beyond individuals who have directly experienced crime, encompassing tertiary victims (i.e., indirect victims) who harbour concerns about potential victimisation. Victim surveys can also be utilised to examine victims' perspectives within the complex framework of the criminal justice system, particularly in cases involving many victimisation incidents. Keywords: crime, survey, victims

Self-report method in criminological research

Aim: The aim of this article is to introduce the technique of self-report questioning, which is already accepted and widely used abroad, but is still little known and accepted in Hungary.Methodology: After a brief historical overview, the Author describes the application of the self-report questioning technique in criminological research.Findings: The presentation of the results so far convincingly demonstrates that, with the application of appropriate methodology, the self-report questioning produces reliable results in the collection of data on crime and criminality.Value: The research results show that, with the right methodological procedures, self-reported surveys can produce results that are just as valid as official crime statistics.

Where is the risk? Inter-reality comparison study of multiple-perpetrator rape assailants in Spain

This research paper aims to shed a critical light on the moral panic surrounding multiple-perpetrator rape (MPR) in Spain, by exploring the interplay between official statistics of this type of crime, and the depiction in the media. The concordance between media representation and the statistical reality of crime raises questions: (1) how multiple perpetrator assault and its assailants are represented in media narratives (content analysis) is examined, including the content, framing, and underlying themes within the media coverage, with a particular emphasis on the role of nationality, and (2) this representation is compared to official crime statistics (Ministry of Home Affairs report on crimes against sexual freedom and indemnity in Spain (detentions/accused) and the statistics of the sentences passed by various Spanish Provincial Courts between 2005 and 2020 from criminal justice data), and to what extent, they align. If they do not align, do news portrayals influence a moral panic? In conclusion, the idea of tabloid justice (Fox et al., 2001) is not present in the three largest Spanish daily newspapers from 2005 to 2021. There is a misrepresentation of non-Spanish nationalities having the highest rates, Romanians being underrepresented and the French being overrepresented. Media coverage perceives tourists as a certain danger, and is questioning the idea of certain non-Spanish immigrants as ‘folk devils.’

Some issues of law enforcement support for the investigation of official crimes committed during construction of penitentiary facilities

Some issues of law enforcement support for the investigation of official crimes committed during construction of penitentiary facilities

К ВОПРОСУ ОБ УГОЛОВНОЙ ОТВЕТСТВЕННОСТИ ЗА НАРУШЕНИЕ ТРЕБОВАНИЙ ОХРАНЫ ТРУДА

The article is devoted to the criminal law analysis of some problems of the implementation of criminal liability for violation of labor protection requirements. Currently, in practice, there are a number of difficulties associated with bringing to criminal responsibility the heads of organizations for failure to ensure safe working conditions. In this regard, the legal scientific community is considering various possibilities for improving the current criminal legislation, allowing for more effective application in practice of article 143 of the Criminal Code of the Russian Federation. 
 The authors investigate the possibility of applying criminal liability against the head of the organization for violation of labor protection rules and failure to ensure safe working conditions within the framework of official crimes, in particular for negligence. The article presents the results of the criminal law analysis of the elements of crimes provided for in articles 143 and 293 of the Criminal Code of the Russian Federation and puts forward a number of judgments on improving the current Criminal Code of the Russian Federation.

Education and social care predictors of offending trajectories: A UK administrative data linkage study

ObjectivesThe age-crime curve indicates that criminal behaviour peaks in adolescence and decreases in adulthood, but longitudinal studies suggest that this curve conceals distinct patterns of (re)-offending or trajectories. Some trajectories (e.g., life course persistent offenders) are reported to have distinct risk factors and more negative outcomes than others (e.g., adolescent limited offenders).
 MethodsThe current study had two main objectives: (1) To use UK administrative crime data to identify trajectories of (re)-offending; and (2) To prospectively identify (re)-offending trajectories using longitudinal administrative education and social care data. This project uses linked UK administrative data containing the anonymised education and social care records for individuals born between September 1985 and August 1999, which have been linked to later official crime records up to the end of 2017. To identify offending trajectories, we used information on offence type, age of first conviction/caution, age of last recorded conviction/caution and offending history at three age points (Juvenile: 10-17 years; Young adult: 18-20 years; Adult: 21-32 years).
 ResultsLatent Class Analyses with and without ‘Gender’ and ‘Ever served a custodial sentence’ as covariates was conducted to identify trajectories of (re)-offending. We are currently developing statistical models to see if we can use prospective longitudinal education and social care factors to discriminate between these trajectories. In my talk, I will share findings on the offending trajectories identified and present some early results on the key education and social care drivers of the offending trajectories.
 ConclusionFindings from this study has the potential to provide deeper insights into how these education and social care factors might affect (re)-offending patterns. This could inform education, social care and criminal justice system responses to offending behaviours which seek to reduce offending and its associated social and economic costs.

ХАРАКТЕРИСТИКА ЗЛОВЖИВАННЯ ВЛАДОЮ АБО СЛУЖБОВИМ СТАНОВИЩЕМ ПЕРСОНАЛОМ ДЕРЖАВНОЇ КРИМІНАЛЬНО-ВИКОНАВЧОЇ СЛУЖБИ УКРАЇНИ

Among the many problems facing modern Ukrainian society, the problem of combating corruption, connections and schemes used by officials to achieve their personal goals has become more relevant than ever in the last decade. The impact on the security of economic systems of such a factor as corruption crimes is difficult to overestimate, because corruption in all its manifestations complicates the normal functioning of public institutions. One of the main problems is distrust of state structures, which ultimately also leads to the creation of a negative image of the country in the international arena. Official abuses are often corrupt, and abuse of office is an integral part of the whole complex of official crimes. Misfeasance or official position is socially dangerous, as this crime can cause not only material but also non-material damage to legal entities and their representatives, encroach on the rights and legitimate interests of others. The need to modernize the modern criminal legislation of Ukraine in the field of combating abuse of office is due to its obvious inefficiency. Official abuses as a social phenomenon exist in all countries of the modern world, and the problem of criminal liability of persons who commit these crimes remains relevant regardless of their political system. At the same time, in order to improve the norms regulating criminal liability for abuse of office in Ukraine, it is necessary to turn not only to current trends, but also to the existing international experience. The urgency of the study is determined by the need to find new approaches to improve the effectiveness of criminal law in Ukraine in the fight against abuse of office, use the results of comparative legal study of trends in this area, assess opportunities to prevent the whole complex of abuse. Key words: official, misfeasance, abuse of office, official authority, misfeasance of official authority, fight against corruption, prevention of misfeasance or official position.

Criminal law policy in the field of combating official negligence (Article 367 of the Criminal Code of Ukraine): problem statement

The article is devoted to the scientific study of the criminal legal policy of the state, which provides for criminal liability for official negligence. After all, the state policy in the field of prevention and counteraction to official negligence aims to create an effective system for identifying and overcoming the social prerequisites for committing this crime, its timely exposure. Effective counteraction to official negligence is not realized at the moment of one-time and short-term actions or legal repressions at any level, but requires long-term socio-economic, political and legal changes. This activity should be a synthesis of preventive general social and special criminological measures combined with repressive methods. Especially considering that service negligence is a complex and multifaceted social phenomenon. It is proved that the establishment of criminal liability for official negligence is generated by the objective needs of society. It characterizes one of the directions of counteraction to official crime in modern conditions, namely activation and effective application of measures of prevention and prevention of official negligence. It is substantiated that the effectiveness of the criminal law policy depends on the effectiveness of the law of Ukraine on criminal liability, which affects the law-making as a form of policy implementation, as well as on enforcement.

Understanding the rise of fraud in England and Wales through field theory: Blip or flip?

There is a debate at the highest levels of government and civil society over whether the rise in fraud is a blip exacerbated by the pandemic or a more fundamental transformation (or flip) in the structure of crime. This paper examines this debate by exploring the social factors influencing the level of fraud. It does so by conceptualising these factors as a fraud field, offering a novel way to visualise and consider vulnerability through the broad categories of ‘threats’ and ‘safeguards’ which influence levels of fraud. In doing so it offers the first attempt to map the wide range of ‘forces’ that influence levels of fraud and produces a mathematical expression of this, which will provide a basis for further debate, refinement and research. The threats include the myriad of opportunities, the large population of fraudsters, and the range of human and technology enablers that support the fraudsters. The principal safeguards that resist the fraud threat are culture, the law and the defensive resilience of individuals and organisations. Using the fraud field and official crime statistics, the paper argues that the safeguards are so structurally weak that the fraud epidemic is not a blip, but an opportunistic flip from traditional acquisitive crimes. The forces influencing levels of fraud mean high volumes of fraud will continue at the current levels or even accelerate further, unless there is a collective national strategy to strengthen the safeguards.

Social disadvantage and trust in German police: Empirical evidence on procedural justice theory and context effects on perceived fairness in urban neighbourhoods

Current public debates about rising violence against police officers, and conversely, criticism of racial profiling by the police force, contradict the high levels of trust in the German police reported by public surveys. This raises the question of why the tension between the police and citizens arises. German Criminology has not yet exploited the potential of procedural justice theory to explain the shifting dynamics of trust. Empirical studies on how evaluations of police fairness and effectiveness influence police legitimacy in Germany have long been overdue. Additionally, there is minimal evidence of whether police fairness is experienced differently in different social contexts. Therefore, this study answers two pertinent research questions: (1) To what extent does trust in German police and police legitimacy depend on procedural fairness? (2) To what extent do residents in socially disadvantaged neighbourhoods have lower levels of trust in police fairness? Consistent with international research on procedural justice theory, the results reveal significant effects of normative predictors of trust in the police, such as perceived fairness and neighbourhood trust. Using advanced multilevel modelling, this study observes the effects of two contextual variables (welfare recipients and official crime rates) on neighbourhood levels of trust in police fairness. The results reveal that the impact of personal assessments of the neighbourhood, personal disadvantages, and experiences with the police exceeds neighbourhood context effects.