Political Crime Research Articles

Combating political crimes committed by members of informal youth groups

In modern conditions of the development of public relations and political life, criminal activity in Ukraine is changing and transforming. In such transformational conditions, the commission of political crimes by members of informal youth groups is becoming more widespread. Given the above, the need to analyze political crimes committed by members of informal youth groups, methods, and means of combating such crimes, including foreign positive experience, becomes especially relevant. The work aims to analyze the means and methods of combating political crimes committed by members of such groups. The object of the research is the fight against political crimes committed by members of informal youth groups. The subject of the study is the social relations that arise, change, and end during the fight against political crimes committed by members of these groups. The research methodology is a set of different scientific methods, including observation, analysis, synthesis, extrapolation, generalization, comparison, dialectical method. The empirical basis of the study was the materials of the investigation of crimes committed by members of informal youth groups. As a result of the study, some issues of combating political crimes committed by members of informal youth groups were considered. Three main reasons for the participation of informal youth groups in political confrontations are highlighted, and certain issues of investigation of this type of criminal activity are considered.

POLITICAL CRIME IN THE IRANIAN PENAL SYSTEM AND THE POSITION OF CONSTITUTIONAL CIVIL LIBERTIES IN CRIMINALIZING POLITICAL CRIME

Purpose: This study aims to analyze political crime in the Iranian penal system and the place of civil, constitutional freedoms in the criminalization of political crime. Methodology: In this study, we have tried to study articles and related research in this field and analyze the results of each to make a proper conclusion about the relationship between the Iranian systems in dealing with political crimes. Therefore, the only tools used in this study are documents related to political crimes at the international level. Main findings: Political Crime Law enacted in 2016, despite the basic forms of extensive discretion and lack of specific criteria for the judicial authority in determining whether a crime is political or non-political, practically made this law ineffective, regardless of the problems mentioned. Application of the study: Since the commencement of the country, political wrongdoing has been viewed as wrongdoing against the public authority. Therefore, the results of this study can be very effective in improving the performance of governments in preventing possible crimes against governments. Novelty/Originality: Given the multiplicity of political crimes in our country, as well as the complexities involved in the case of political crimes, it seems that in the history of our criminal law, there has been a will to legislate and determine the exact causes of political crime, and governments in most historical periods, they have made great efforts to identify political criminals. The novelty of this research lies in investigating the effect of political crimes on legal confusion in legislating political offenses.

العنف وأثره على الإجراءات الجنائیة فی الجریمة الإرهابیة

العنف وأثره على الإجراءات الجنائیة فی الجریمة الإرهابیة

Reformulation of Money Politics Crime in Electoral Law as a Corruption Criminal Action

Money politics is directly related to corruption crime since it has an element of bribery that can harm state finances if the doer occupies his political office. Money politics occurs during political campaigns until general elections day. Indonesian electoral law or regulation have not included money politics in corruption crime. This research examined and deeply discussed how the formulation of money politics crime in current election, what are the legal issues in election crimes, and how the reformulation of money politics in electoral law as a corruption criminal act. This study used a normative-juridicial research method. Based on this research results, it is known that the formulation of money politics crime in current election can only be interpreted implicitly. Legal issues in election crimes are still rampant today as exemplified by the author through political crime cases in regional and legislative elections. The reformulation can be carried out by including a corruption clause as special offense in electoral law.

Transfer Of Criminal Activities From One Country To Other

Extradition is defined as the surrender of criminals from one country to another. The purpose and objective of extradition is to ensure that the perpetrators of serious crimes cannot escape prosecution or punishment. Therefore, it is appropriate and appropriate for the criminal to be handed over for examination and trial by a state having jurisdiction. The issue raised is the extradition procedure according to Law Number 1 of 1979, the types of crimes that can be requested for the transfer of the perpetrators of criminal acts. The method used is a normative juridical approach, namely research based on literature study. The literature study was conducted to find secondary data, while secondary data were primary legal materials in the form of criminal law literature, extradition and other secondary legal materials. Meanwhile, the tertiary legal materials used in this paper are materials obtained from the internet. Extradition procedures according to Law Number 1 of 1979 are conditions that must be carried out in the process of transferring criminals from one country to another. The perpetrator of a criminal act who can be extradited is any person whom the competent authority from a foreign country requests from Indonesia, on the basis that the person concerned is suspected of committing a crime in order to be able to serve a sentence, while a crime that cannot be extradited is a political crime.

Ethnonationalist Capitalism And The Illegitimate Legacies Of The Yugoslav Wars

The author explores how the political and economic transition and the legacies of conflicts produced the states' criminalization and whether the more significant issues of these countries were nationalism or capitalist exploitation, or are these two categories in symbiosis? The presence of capitalism as the ruling model requires some form of nationalism and national identity- where a certain capitalist elite pragmatically chooses to build a nation-state, effectively mobilize and homogenize the rest of society on its platform. Ethnoational identities are formed as part of ethnonational-political projects, and national projects imply creating or completing nation-states that lead to the conflict. Local orders based on ethnic-violence turned into open war economies and entering into dynamic and symbiotic relations with illegal global markets and liberal market structures. The critical issue is the consolidation of mutual trust between the phenomena of "politicization of crime and criminalization of politics." Politically sensitive cases dealing with corruption, organized crime, or abuse of power are particularly vulnerable to various influences, and therefore it is vital to pass judgments to make existing records credible. Political and economic transformation cannot be fully accomplished due to disagreements between the economic and political spheres that would thwart the functioning of democratic institutions because the consolidation of the democratic order and the establishment of a market economy are in the balance of incompleteness. Re-establishing social structure and social ties, developing plurality and legality, is crucial as social security, once the most critical issues are met

Terror as a Tool of Stalin’s Rule Book Review: Syrykh VM. The Legal Nature of Stalin’s Terror: In Compliance with the Directives of the Party, but Contrary to the Law. Moscow: Yurlitinform Publ.; 2020

The paper provides for a critical analysis of the monographic work by famous Marxist legal scholar, Doctor of Law, Professor, Honored Scientist of the Russian Federation Vladimir M. Syrykh. As known, there are a lot of works investigating the crimes of Stalinist politics based on open sources that have become available to scientists. Prof. Syrykh cultivates a different, legal view of the activities of Stalinist leadership. As a legal theorist and methodologist, he set himself the goal of analyzing the legal nature of Stalin’s repressive policies and his associates in the 1930s-1950s. The researcher concluded that Stalin’s leadership in the process of building the socialist state turned away from the requirements of the constitution and Soviet legislation, acted contrary to law, replacing it with Directives, which can be qualified as undermining the state system.Reviewers praise the work by Vladimir M. Syrykh, sharing many of his submissions. As reviewers see, the author’s intention was to purge the very idea of socialism from the distortions and perversions brought by Stalin. According to the author, Stalin perverted the creative nature of Marxism and Lenin’s legacy. However, the authors of the review indicate that the policy of terror against the Soviet people coincides with the period of Stalin’s rule, which gives grounds to Prof. Syrykh opponents to claim: 40 years of socialist construction involved violence, coercion and killing thousands of people. The book under review is written to counter such claims.

Political crime and corruption take center stage: introductory notes

Political crime and corruption take center stage: introductory notes

Individual Responsibility & Command Responsibility on Serious Human Rights Violation in Indonesia

The wave of reform in Indonesia that was rolling in the context of overthrowing the New Order was full of abuse of power, corruption, collusion, nepotism (<em>KKN</em>) and human rights violations. Application of the concept of a direct law enforcement system against the category of international crimes, which in the past emphasized the national justice jurisdiction (indirect enforcement system). Cases of human rights violations are very interesting, because the crimes that occur have a special condition which by experts call it a special form of political crime. The research method in this study is a normative juridical research method, which means that this research is sourced from library data. The legal issue in this research is How is the individual and command responsibilities in Serious Human Rights Violations in Indonesia. The results of this research show that Indonesia is currently under the spotlight internationally in connection with the indictment of gross human rights violations, especially in the issues of East Timor, Tanjung Priok and so on. The universal principle that it is impossible to treat gross human rights violations as "ordinary crimes" and the existence of a universal qualification regarding "crimes against humanity" requires the utilization of a special human rights court, which also contains several special criminal procedures. In accordance with the provisions of the International Criminal Code Statute (Art.l), cases which have been investigated and terminated by the country concerned will not be accepted for trial by the ICC (inadmissible). We have to show everyone that called "International Criminal Tribunal" really is complementary to the national courts

The Implication of Terrorism’s Extremely Low Base Rate

ABSTRACT A robust empirical finding is that global neojihadi terrorism is extremely rare in Western countries compared to other kinds of violence. Its base rate in the West is about 3 new global neojihadis per 100 million people per year. Bayesian conditional probability shows that this extremely low base rate ensures that any attempt to detect a potential global neojihadi on the basis of imperfectly specific indicators (conditions) will generate a large number of false positives. This finding has practical implications for a preventive counterterrorism strategy based on detection of potential global neojihadi terrorists using these indicators derived from counterterrorism research. Detection instruments based on them produce many false positives, namely overt sympathizers, who, absent state agents’ entrapment, never cross the line to political crime and violence. The state pursuit of false positives not only diverts scarce resources from targeting true threats but also results in unfair harassment, persecution, and even prosecution of these false positives. This paper suggests that, as scholars whose work helps craft these indicators, we have the moral duty to teach state practitioners about this relatively neglected implication of the extremely low base rate of global neojihadi terrorism.

“É antes um delito político do que natural ou individual”: a condição jurídica dos delitos de abuso de liberdade de imprensa no Direito Penal do Brasil Império

The following work focuses on the legal status of offenses against press freedom under the Criminal Code of the Empire of Brazil, whether common crimes, special crimes, or political crimes. In light of the absence in the historiography of historical-legal investigations into this unique issue, this article has sought to analyze historical sources, such as doctrines on criminal and constitutional law by the Empire’s authors, as well as contemporary literature on history, law, and other fields of knowledge distinct from law. The result reveals a disparity in sources on offenses against press freedom, classifying them as regular crime, crime sui generis, private crime, and political crime, with the latter type predominating.

Political Crimes: Theoretical and Applied Aspects of The Problem

The article discusses one of the types of crimes, specifically political crimes. It emphasizes that the research remains relevant and significant in democratic countries. While conditions have been created in such countries to reduce the factors that lead to political crimes, the occurrence of such crimes has not been completely eliminated. The study aims to clarify the characteristics of contemporary political crimes. The author points out that despite the long history of research into this phenomenon, there is still no universally accepted definition for the concept of "political crime." In most definitions of political crime, these crimes are typically associated with the pursuit, maintenance, and use of power. The article focuses on the main issues that currently pique the interest of researchers analyzing political crimes, and it presents a classification based on the subjects and objects of these crimes. Studying both the individuals who commit political crimes and their victims is crucial to understanding the specificities of these crimes. The article draws attention to the fact that labeling actions within the political sphere as "criminal" is contingent upon various factors, including systems of values, established norms and regulations, societal norms, and the influence of media on public awareness. Trust in authorities and their legitimacy also plays a role. Furthermore, the article presents models that demonstrate shifts in attitudes towards revolutions, uprisings, and the reassessment of actions that were once considered "criminal." These shifts can be attributed to changes in the political and social systems. The author highlights that these alterations could be linked to transformations in the political and social systems.

КРИМИНОЛОГИЧЕСКАЯ НАУКА О ФЕНОМЕНЕ ТОТАЛИТАРНОЙ, ПОЛИТИЧЕСКОЙ И ОРГАНИЗОВАННОЙ ПРЕСТУПНОСТИ

The review reveals the content of three new monographs by Russian criminologists who study the problems of totalitarian, political, organized and corrupt crime. The nature of this crime, the causes of its occurrence, the identity of the perpetrators and the mechanisms of their criminal behavior, prevention measures are shown.

Criminal liability for manifestations of political crime in the field of international sports

Criminal liability for manifestations of political crime in the field of international sports

‘The Nation will always prevail’, Representation, participation and contestation in the Belgian Constitution of 1831

Summary The exact nature of the concept of sovereignty enshrined by the Belgian Constitution of 1831 has recently become the object of academic debate. This article takes a stand in this debate by analyzing the representative system instated by the constituent National Congress. It is argued that the congressmen attributed primacy to the legislative Chamber because it concentrated in its midst all the individual wills of the people in order to express the general will or the wish of the Nation. Importantly, though, parliament was not the only representative of the national will, neither was it considered completely self-contained. Parliament’s expression of the national will was subject to constant evaluation by public opinion. When the assembly failed to respond to popular grievances, other representatives were qualified to address the issue: the king could disband the Chamber or pronounce his veto when the national interest required it. The jury, assessing press or political related crimes, could correct oppressive governmental action. And if all of this failed – and only then – the nation could ultimately resist and take directly matters in its own hands. Thus, it is argued that the character of sovereignty in the Belgian state system was ultimately popular.

Political Terrorism in the Russian Empire in 1901-1911 and Its Role in the Historical Memory of Russia

The first outbreak of mass political terrorism in the 20th century took place in the Russian Empire, especially in the First Russian Revolution of 1905-1907. However, these events have not received proper attention in the historical memory of Russia and Europe and in the history of world terrorism. The author examines the factors enabling the continued existence of a huge “blank spot” in the memory of Russia and the world. The under-evaluation of the significance of terrorism in the first decade of the 20th century is closely connected with the under-evaluation of the First Russian Revolution as an independent revolution. In the Soviet Union, historians emphasized that the Revolution of 1905-1907 was “the dress rehearsal” for the Great October Socialist Revolution of 1917. In post-Soviet Russia, many historians and publicists consider the Revolution of 1905-1907 “the dress rehearsal” for the “Golgotha” of 1917. There is a strong tendency to idealize the autocracy and right-wing movements and to demonize socialists and liberals. Many solid monographs and articles about terrorism are now being published in Russia. However, we still do not have exhaustive investigations covering the entire period of terrorism between 1866 (attempted assassination of Tsar Alexander II on April 4, 1866 by the revolutionary D.V. Karakozov) and 1911, examining the ideologies and tactics of different parties and movements, the government’s policies on political crimes, the relationships of society, especially among different political movements, to terrorism, and the differences between terrorism and other types of mass violence such as mass protest movements of different strata of the population and criminal violence. Only through a painstaking and multi-sided analysis of the terrorist phenomenon in the European-wide historical context we can determine the place of terrorism in the historical memory of Russia and Europe.

PROCESO PENAL DE JESUCRISTO: INIQUIDADES Y ANTAGONISMOS ENTRE EL VETUSTO DERECHO PENAL HEBREO Y EL DERECHO PENAL ROMANO

This analysis is based on a thorough investigation into the jurisdictional criminal profile proceedings against Jesus Christ, plagued by iniquities, malignancies, elucidated in two antagonistic judgments: one, the Religious Judgment or Jew before the Sanhedrin and the Political Judgment before Pontius Pilate, of Roman power, and subjected to asummary and laconic judgment. If we make a retrospective procedural legal vision of the trial of Jesus Christ by the Jewish authorities, ab initio, and later by the Roman iurisdictio, in the light of the new Ecuadorian Integral Criminal Organic Code (2014), of a guarantee, accusatory court, of transversal orality and adversarial, it must be asserted, withall conviction, that It did not refer to the minimum international standards of the constitutional due process guarantee , effective jurisdictional protection and the unrestricted respect for the right to defense by a lawyer of his free choice or of the Attorney General's Office of the State. By virtue of the analytical-synthetic and dialectical method, comparedto the descriptive exploratory scope inclined to accurately show the angles or dimensions of the most famous criminal trial of humanity, the investigation contains the condemnation of an innocent person to death for a political crime the Sedition, which Jesus did not perpetrate. Such a condemnation repealed the one decreed by the Sanhedrin, that is to say, that of “Blasphemy” which made it consist of the fact that Jesus repealed the endowment of being a son of God, injurious at the beginning –non bis in idem–, among other flagrant procedural violations, in which the inconsistency of the form can only be matched by the iniquity of the fund.

Courts and Court Hierarchy in Novgorod the Great in the Late 16–Early 17th Centuries

Abstract Daily legal practice in local centers of Muscovite Rus’ before the publication of the Law Code of 1649 (Sobornoe Ulozhenie) has been poorly studied. This article uses comparative analysis to study two groups of sources about the legal process and law enforcement in Novgorod the Great in the late 16th–early 17th centuries. The analysis illuminates a complicated hierarchy of legal levels. At the same time, the competences of the courts at each level were not always clearly defined, which corresponds to the ideas formulated by N.S. Kollmann in her study on crime and punishment in Muscovy. In the late 16th–early 17th centuries, the Novgorod Court Chancellery was a middle level of the judicial system. The highest instance was the court in Moscow, which passed judgment on behalf of the tsar and was provided by central chancelleries in the Kremlin. During the Time of Troubles, the hierarchy became simpler: the communication with Moscow disappeared and only two levels prevailed in Novgorod. The city administrator’s court (voevoda) dealt with political crimes and landowners’ disputes, while the City Court and other lower level courts dealt with civil and petty criminal cases. The courts were ruled by both codes and customary law: the existing law codes (Sudebniki) did not cover all the diversity of legal cases.

POLITICAL REPRESSIONS AGAINST THE TECHNICAL INTELLIGENTSIA OF DONBASS ON THE EVE OF THE GERMAN-SOVIET WAR

Summary. Political repressions on the eve of the German-Soviet war in the USSR are rarely studied. However, without its analysis it is impossible to understand the full nature of Stalin totalitarian regime and those cardinal changes that happened in the soviet society in 1920–1930s. The purpose of the article is to give the complex analysis of the repressions against technical intelligentsia in Donbass in 1939 – in the first half of 1941. Research tasks: 1) establish the reasons and the nature of repressions against technical specialists; 2) analyze the quantitative and qualitative list of victims of political repression; 3) on the basis of archival and investigative affairs to consider the mechanism of implementation of repressions; 4) compare repressions in 1939–1941 to repressions of "The Great Terror" in 1937–1938. The research methodology is based on the principles of historicism, system-formation, scientific character, verification, the author՚s objectivity, moderated narrative constructivism and the use of general scientific (analysis, synthesis, generalization) and specially-historical (historical-genetic, historical-typological, historical-systemic, etc.) methods. The scientific novelty. New materials on repressions against the technical intelligentsia of Donbass in the pre-war years were introduced into scientific circulation, the quantitative and qualitative composition of repressed specialists was analyzed, the mechanism of repressions was considered, a comparative analysis with previous waves of repressions was conducted.Conclusions. Political repressions against the technical intelligentsia in Donbass during the paramilitary period are genetically connected with the preceding "The Great Terror" in 1937–1938. Firstly, they were caused by the fight against all who showed discontent with totalitarian regime. Secondly, the failure to carry out the work plans and work accidents became the reasons for accusations of the specialists in political crimes. Thirdly, the bodies of state security continued to build indictments on self-accusations of the arrested.At the same time repressions in 1939–1941 had certain specifics. Terror scales were considerably reduced. In 1937–1938 in Donbass more than 3000 specialists were arrested, while in 1939–1941 – no more than 100. In most cases the court matters were considered by judicial authorities. It is important to mention less severe character of the pronounced sentences. In 1937–1938 65.4 % of all arrested were shot down, whereas in 1939–1941 – 14.1 %, and every fifth specialist (21.2 %) was released and rehabilitated.

Policing the Palestinian National Minority in Israel: An International Human Rights Perspective

Palestinians make up 64% of homicide victims in Israel, even though they constitute 20% of the population. The homicide rate per 100,000 inhabitants in Arab towns in Israel is 5.5 times higher than in Jewish towns. The turbulent relationship between the police and Palestinian minority is a key factor for understanding high crime rates in Arab towns. This relationship can by characterised by over-policing political activities and under-policing ordinary crime. This article analyses the policing of the Palestinian minority in Israel from a human rights perspective. It suggests that the policing of the Palestinian citizens in Israel is inconsistent with international human rights standards. Furthermore, eradicating institutional bias against the Palestinian citizens within the police force requires broader political and constitutional changes.