Mental disorders are highly prevalent among offenders. In Amsterdam, the Psychiatric Emergency Service and the Public Prosecutor's Office jointly implemented a post-booking diversion program to improve clinical outcomes and reduce recidivism among people suspected of an offence and referred for psychiatric assessment. To identify demographic, clinical and legal factors associated with rearrest among participants in a post-booking diversion program. In this prospective observational study, 292 participants were followed for one year. Using routinely collected demographic, psychiatric, and judicial data, we applied a two-step negative binomial regression analysis to examine associations between demographic, clinical, and legal variables and the number of rearrests. First, bivariate associations between potential predictors and the number of rearrests were examined. Second, a comprehensive multivariate model was fitted including all significant predictors from step 1. During follow-up, 42% of participants were rearrested. Participants with substance use disorders initially showed a higher rate of rearrest (Incidence Rate Ratio (IRR) = 1.92, 95% Confidence Interval (CI) 1.17-3.15, p = .01), but diagnostic category was no longer associated with rearrest after adjustment for covariates. Independent predictors of rearrest included receiving a subpoena or arraignment (IRR = 2.70, 95% CI 1.48-4.93, p = .001), homelessness (IRR = 2.41, 95% CI 1.32-4.37, p = .004), welfare dependence (IRR = 1.54, 95% CI 1.01-2.36, p = .045), and prior-year arrests (IRR = 1.16, 95% CI 1.07-1.27, p < .001). In this post-booking diversion program, social and legal vulnerabilities-rather than psychiatric diagnosis-were associated with rearrests. Addressing homelessness, economic instability, and prior justice involvement may be more effective in reducing recidivism than interventions focusing solely on mental health treatment. Broader diversion strategies integrating social support and housing in itiatives are warranted.

The applicability of the perpetrator's personal conditions is noted in various ways in Criminal Law and Criminal Procedure Law, being valued positively or negatively at the time of passing the criminal sentence or also at the time of decreeing the arrest or release of the prisoner on bail. By regulating the agreement not to prosecute in article 28-A of the Code of Criminal Procedure, Law No. 13,964/2019 expressly established the negative personal conditions when the agreement could not be signed, but emphasized the need to analyze the inadequacy, insufficiency or abusiveness of the conditions agreed upon, denoting the observance by the defender, judge and member of the Public Prosecutor's Office acting in this process about the favorable personal conditions of the perpetrator when choosing the conditions contained in the agreement not to prosecute. The methodology adopted for this article is bibliographical research, using books, magazines and websites specialized in the subject.

This article examines Directive (EU) 2024/1226, adopted in April 2024, which harmonises the definition of criminal offences and penalties for various violations of EU restrictive measures, including their circumvention. It situates the Directive within the broader legal landscape of EU sanctions enforcement, traditionally marked by fragmentation because of Member States’ divergent approaches. The paper analyses two core innovations: the harmonisation of offences and penalties, and the establishment of a formal cooperation mechanism between Member States, the Commission, Europol, Eurojust and the European Public Prosecutor’s Office. While the Directive represents a significant step towards consistency and deterrence, it also raises critical challenges, including the definitional vagueness of ‘serious negligence’, the resource-intensive burden of proving intent, and the limitations of existing institutional competences. Moreover, questions remain about its capacity to address evolving circumvention tactics and the degree of Member State engagement in cross-border cooperation. The article concludes that Directive 2024/1226 offers a valuable foundation for countering circumvention but highlights that its success depends on adequate resources, transparency and political will to balance national sovereignty with effective supranational enforcement.

The Indonesian National Army as a member of the Indonesian National Guard is at the forefront of Indonesia in the eyes of the public as an example and role model in discipline, ethics, and compliance with the law. However, in the reality of daily life, there are still TNI soldiers who commit traffic violations, such as driving a vehicle without having a Driver's License (SIM). This research includes empirical juridical research, or called field research, which examines the applicable legal provisions and compares them with the reality that occurs in society. The research method used was in the form of interviews with five relevant sources, then the data was analyzed descriptive-qualitatively to provide a comprehensive understanding. The results of the study showed that (1) law enforcement against TNI soldiers who committed traffic violations without a driver's license was checked according to the procedure of the rapid inspection event; no long inspection minutes are required, it is enough to use the minutes of traffic violations and road transportation or tickets from the military police; (2) Sanctions applied for minor traffic violations in the form of administrative disciplinary sanctions, including criminal prosecution of fines paid to military authorities and deposited into the state treasury. This reflects the balance between legal compliance and internal discipline of the TNI, as well as efforts to develop soldiers so that they remain an example for the community.

Objective: To determine the relationship between smuggling as a predicate offense and money laundering on the Peru-Chile border in 2025. Method: Descriptive, used to describe characteristics and phenomena without explaining their causes. Methods such as surveys and observations were used to collect data in a natural setting, helping to identify trends and patterns. Population: A census-type population was used, consisting of 80 litigating lawyers from the Lima East Prosecutor's Office, Ate. Sample: The sample consisted of all 80 litigating lawyers from the Lima East. Results: A significance level of 0.000 was found in the Spearman's rho correlation test. This level, being less than 0.05, invalidates the null hypothesis, validating the alternative hypothesis. A correlation level of 979 points was also found. Conclusion: A significant relationship is shown between money laundering and smuggling on the Peru-Chile border. Recommendation: To combat the illicit flow of goods across this border, the customs authority is urged to implement a comprehensive incentive program. This system would be designed to encourage citizen participation in detecting and reporting smuggling activities.

The exponential growth of online food delivery platforms such as Zomato, Swiggy, and Uber Eats has significantly transformed the food service industry, creating a complex digital marketplace that connects consumers, restaurants, and delivery personnel. While these platforms position themselves as mere intermediaries facilitating transactions, their expanding role in vendor selection, quality control, pricing mechanisms, and logistics raises critical questions regarding their legal status and accountability. This paper examines the scope of criminal liability of online food delivery platforms in India, particularly in cases involving food safety violations, misrepresentation, fraud, and public health risks. The study critically analyses the applicability of the Information Technology Act, 2000, especially the safe harbour provisions, alongside the Food Safety and Standards Act, 2006, to determine whether such platforms can claim immunity from criminal prosecution. It further explores key legal doctrines including negligence, vicarious liability, and strict liability to assess whether platforms can be held responsible for harm caused by listed restaurants or cloud kitchens operating through their interfaces. The paper also considers the growing influence of algorithmic decision-making and data-driven practices, which may contribute to the promotion of non-compliant vendors, thereby challenging the notion of passive intermediation. Through a comparative analysis of regulatory approaches in jurisdictions such as the European Union and the United States, the paper highlights emerging global trends towards increased platform accountability. It also identifies key enforcement challenges, including the attribution of knowledge, evidentiary burdens, and the fragmented nature of regulatory oversight in India. The paper argues that the existing legal framework is inadequate to address the evolving nature of platform-based food delivery services. It advocates for a balanced approach that imposes a model of shared criminal liability on platforms, particularly where they exercise significant control or fail to exercise due diligence. The study concludes by recommending legal and policy reforms, including stricter compliance requirements, enhanced monitoring obligations, and greater algorithmic transparency, in order to ensure consumer protection and strengthen accountability within the digital food ecosystem.

The statutes of limitations are an essential aspect of criminal law because they help balance the certainty, rationality, and efficiency of the field. However, legal rules concerning time, the complexity of crimes, and changing expectations for victims have come into question. This paper analyzes the new Indonesian criminal code (often called Law No. 1 of 2023), its limitations and regulations, and its contribution to the Modernization of the criminal justice system. The primary question this research seeks to answer is to what extent the justice system’s modernity adequately addresses the challenges of modernizing criminal justice. This study aims to integrate the reasoning, justification, and impact of the regulation of limitations in the new Indonesian criminal code. Employing a normative legal approach, this study is based on the Statute, Conceptual, and systematic and structured analyses, and comparative in nature, to examine the unification, direction, and legal policy of the limitations regulation in the new Indonesian criminal code. Statutes of limitations constitute an essential element of criminal law as they balance legal certainty, fairness, and efficiency in criminal prosecution. However, rapid social change, increasingly complex crimes, and evolving expectations regarding victims’ rights have challenged traditional approaches to limitation periods. This study examines the regulation of statutes of limitations in Indonesia’s New Criminal Code (Law No. 1 of 2023) and evaluates their role in modernizing the criminal justice system. Using normative legal research, this study analyzes the legal policy underpinning the reform of limitation periods through statutory, conceptual, and comparative approaches. The findings indicate that the new Criminal Code introduces a differentiated limitation system based on the seriousness of offenses, reflecting a shift from purely procedural justice toward substantive justice. The reform strengthens legal certainty, supports the effective prosecution of complex crimes, and enhances victim protection. Nevertheless, the success of this reform will depend on consistent judicial interpretation and the institutional capacity of law enforcement agencies.

Section 138 of the Negotiable Instruments Act, 1881 criminalises cheque dishonour for insufficiency of funds or exceeding the arranged amount. Though framed as a criminal offence, its primary purpose is to secure repayment of a legally enforceable debt rather than to punish the drawer through incarceration. Complainants typically seek recovery of money, and the threat of jail serves mainly as leverage. As a result, most cases are eventually settled or compounded, with only a small fraction reaching full trial and conviction. Despite amendments and Supreme Court guidelines for speedy disposal, over 43 lakh Section 138 cases remain pending across India, accounting for a large share of magisterial court workload, especially in major cities. The offence has a distinct quasi-civil character: criminal in procedure but compensatory in substance, as repeatedly noted by the Supreme Court. The compounding framework under Section 147 allows settlement at any stage, yet it lacks a structured pathway to facilitate negotiations. This paper argues for decriminalising the process, not the law, retaining the deterrent effect of the offence while introducing mandatory pre-trial mediation as the default first step after cognizance. Mediation, supported by the Mediation Act, 2023, offers a faster, confidential, and party-driven mechanism to reach enforceable settlements, including payment schedules. Where mediation fails or bad faith is evident, ordinary criminal proceedings can continue without delay. This approach aligns with the compensatory objective of Section 138, reduces judicial burden, and draws on international models that favour civil recovery and administrative sanctions over routine criminal prosecution for simple defaults. Keywords: Cheque Dishonour, Section 138 NI Act, Mediation, Process Decriminalisation, Compounding of Offences, Judicial Backlog, Restorative Justice, Digital Dispute Resolution

This paper examines the historical stages of the development of the Russian prosecutor's office in its inextricable connection with the strengthening of Russian statehood and the need to ensure law and order. Considerable attention is devoted to the analysis of the 1991 Concept of Judicial Reform, determining its role in the subsequent development of the prosecutor's office and its impact on the constitutional provisions regulating the status of this institution. An analysis of changes in the constitutional and legal status of the prosecutor's office, resulting from amendments to the Basic Law adopted in 2014 and 2020, is provided. The place of the prosecutor's office in the state's legal system is separately considered through the prism of national identity. The article characterizes the main trends and identifies a number of problems associated with the legislative consolidation of the status of the prosecutor's office. Specifically, the article analyzes certain amendments to the Federal Law that require prosecutors to issue written decisions regarding inspections and expand their scope. The author believes that these amendments are at odds with the constitutional nature of prosecutorial oversight and the provisions of the relevant law, effectively blurring the distinction between the prosecutor's oversight activities and the oversight activities carried out by executive authorities. Particular emphasis is placed on examining the current version of Article 1 of the Federal Law "On the Prosecutor's Office of the Russian Federation," which removed the provision granting the prosecutor the right to act on behalf of the Russian Federation. The possible motives and likely consequences of this legislative move are examined, and its inconsistency with procedural law (in particular, with provisions defining the role and powers of the prosecutor in criminal and civil proceedings) is identified.

The management of confiscated assets is an important aspect of governance in law enforcement and public financial administration. Confiscated assets function not only as consequences of criminal sanctions but also as state assets that must be managed in an orderly and accountable manner consistent with good governance principles. In Indonesia, the Indonesian Attorney General’s Office holds authority to execute final court decisions, including the management of confiscated and forfeited assets. In practice, administrative challenges persist, including limited technical regulations, weak asset governance, and the underutilization of economically valuable assets. This study analyzes the management of confiscated assets by the Indonesian Attorney General’s Office and compares it with the system in the United States using normative legal research with statutory and comparative approaches. The findings show that asset management in Indonesia remains focused on executing court decisions and is not fully integrated with productive state asset governance, while the United States has developed a more comprehensive model through criminal, civil, and administrative forfeiture supported by specialized institutions and stronger accountability. The study highlights the need to strengthen Indonesia’s regulatory framework and institutional capacity to ensure legal certainty and optimize public financial benefits through improved coordination, adequate storage facilities, stronger security standards, trained personnel, and more efficient auction mechanisms for valuable assets.

The una via principle, originating from European legal traditions, requires the state to choose a single enforcement mechanism administrative or criminal for the same unlawful conduct in order to avoid overlapping sanctions. In Indonesia, this principle has been formally recognized in taxation and capital market regulation, yet it remains absent in the enforcement of corruption law. This gap becomes particularly visible in cases involving village fund corruption. Empirical data from the Indonesian Attorney General’s Office between 2019 and 2023 record 1,842 cases with financial losses ranging from IDR 50 million to IDR 900 million. Despite the restoration of state losses in a significant number of cases, more than seventy percent still proceed through criminal prosecution, resulting in enforcement dualism, institutional inefficiency, and concerns regarding the proportionality of sanctions. This article argues that adapting the una via principle to corruption cases involving relatively limited losses could support a more coherent enforcement framework. Drawing on comparative experiences from the Netherlands, France, Singapore, Japan, and Malaysia, the study proposes a conditional una via model that enables prosecutors, as dominus litis, to prioritize administrative or civil recovery while maintaining criminal prosecution for more serious corruption offenses.

Abstract The image of the Reichswehr as an autonomously armed ›state within the state‹ not only includes the blanket rejection of the pacifist movement by the leadership of the German military, but also its categorical ›campaign‹ against critics of illegal armament. According to this image, the Reichswehr was supported by the anti-republican Weimar judiciary in treason trials in order to prevent pacifist journalists from expressing their opinions publicly. In this respect, the demands of the Reichswehr Ministry for a tightening of the treason laws are also seen as a further attempt to advance the criminal prosecution of anti-armament activists. Based on the cabinet deliberations on a general reform of criminal law, this paper aims to examine the extent to which the position of the Reichswehr Ministry expressed its fundamental understanding of German pacifism. Among other sources, two internal memoranda from the Reichswehr Ministry that have not yet been considered in this context will be analyzed in particular to demonstrate that the Ministry advocated a differentiated categorisation of German pacifists, which was always based on the concept of the ›politically convinced offender‹ (»politischer Überzeugungstäter«).

Criminal proceedings are designed to establish the objective truth. To this end, the court is vested with broader powers to investigate the circumstances of the case, secure evidence, and apply procedural coercive measures. Consequently, it is widely recognized in legal doctrine and judicial practice that a final and binding judgment in a criminal case, as well as, any other final decision rendered in the course of criminal prosecution, is binding upon the court in civil proceedings — but only insofar as it relates to the establishment of the event and its attribution to a specific individual. In a criminal case, the factual circumstances established by a final and binding acquittal judgment possess a prejudicial effect and must be recognized as binding in civil proceedings. However, the conclusions of such a judgment regarding the existence or non-existence of civil rights and obligations are not binding on the civil court. An acquittal judgment is binding in civil proceedings solely in respect of the established factual circumstances and does not automatically determine the defendant’s civil liability. In this context, the prejudicial effect of the acquittal judgment is limited to the finding that the defendant’s actions do not constitute a criminal offense. When adjudicating a civil case, the court must independently investigate the conditions of the defendant’s civil liability, in particular: the existence of a causal link between the defendant’s actions and the resulting consequences, the defendant’s subjective element, the nature and the extent of the damage caused, as well as the procedure and the amount of its compensation. These factors constitute the essential elements of civil liability and are subject to independent assessment by the civil court. Keywords: Criminal procedure, objective truth, acquittal judgment, prejudicial effect, civil procedure, formal truth, objective element of the offense, causal link, subjective element of the offense, fault.

To address concerns about a legal system frequently viewed as overly punitive and racially unjust, progressive chief prosecutors have sought to reduce or eliminate the prosecution of low-level drug offenses. Yet, no empirical research has examined whether jurisdictions led by progressive prosecutors treat such offenses less punitively or exhibit smaller racial/ethnic disparities than jurisdictions led by traditional prosecutors. Using case-level data, we find that low- and high-level drug offenses receive less punitive outcomes in progressive jurisdictions, which are more likely to impose non-felony convictions and alternatives to incarceration. Additionally, disparities disadvantaging racial minorities were more common in traditional than in progressive jurisdictions. Decomposition models suggest these differences stem from prosecutorial discretion rather than case characteristics. These findings highlight the potential of progressive prosecution to promote more equitable, less punitive justice.

ABSTRACT Only a small proportion of the men and women arrested for felony in early Tudor England were eventually convicted of a crime, though that proportion grew from the mid-fifteenth to the mid-sixteenth century. Numerous factors contributed to the growth in conviction rates: one was the growing use of imprisonment as a punishment for felony, which allowed juries to convict felons they might hesitate to send to execution. The route to imprisonment lay through claims of benefit of clergy which, after 1490, required the Crown to track previous convictions and complicated the process of sentencing. Though most of the gaol delivery records from this period do not survive, the King’s Bench records show us the work of a diverse group of men in the circuit courts who sought to minimize such claims by speaking for the king against them and providing the information necessary to defeat them. Their work demonstrates an active involvement in criminal prosecution on the part of the Crown and fills in our understanding of a blank period in the development of lawyers working for the prosecution.

This research presents a literature review on the centrality of institutional protocols, school records, and articulation with the protection network in addressing school violence, based on the premise that the school's role, as a public institution responsible for guaranteeing the rights of children and adolescents, demands administrative organization, formalization of procedures, and intersectoral integration. The theoretical framework adopted is based on the understanding of school violence as a multifaceted phenomenon, encompassing physical, psychological, symbolic, and digital dimensions, requiring structured responses that go beyond punctual and informal interventions. Methodologically, the research was developed through the collection, selection, and critical analysis of academic and normative productions related to the theme, with an emphasis on studies that address institutional responsibility, duty of care, referral flows, and the evidentiary function of administrative records in the educational context. The analysis of the materials allowed us to identify that the absence of standardization of protocols and formal records compromises the traceability of actions taken, weakens communication with bodies that are part of the protection network, and increases institutional and legal risks arising from possible omissions. It was found that the formalization of incident reports, individual files, official communications, and documented referrals constitutes an instrument for protecting the victim, providing legal security for teachers and administrators, and demonstrating administrative diligence. It is concluded that the consolidation of clear protocols, associated with an institutional culture guided by technical documentation and effective coordination with the Guardianship Council, the Public Prosecutor's Office, health services, and social assistance, is an indispensable condition for ensuring comprehensive protection and a coordinated response to school violence.

Corruption is a form of crime that has a direct impact on the welfare of society. Corruption is an unlawful act carried out to enrich oneself, another person, or a corporation, which is detrimental to state finances or the country's economy. Corruption is also a crime that is included in the category of special crimes because it has different specifications from general crimes both in procedural law and material (substance), especially in the handling of evidence of special crimes whose origins must be examined so that the handling of the crime does not harm parties who are not involved. Corruption is also regulated in various regulations such as Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, Law Number 15 of 2002 concerning the Crime of Money Laundering, Law Number 30 of 2002 concerning the Corruption Eradication Commission, the latest Criminal Code (Law Number 1 of 2023), and so on. The law has regulated a number of provisions aimed at strengthening and perfecting the eradication of corruption in Indonesia as well as anticipating and eradicating various increasingly sophisticated corruption modes, as well as increasing the effectiveness of law enforcement related to corruption crimes. The method used is an empirical juridical approach with direct field research studies at the South Tapanuli District Attorney's Office. Mechanisms and Procedures for Securing Evidence in Corruption Crimes according to the provisions of the Criminal Procedure Code and the Corruption Crime Law. The provisions of evidence according to the Criminal Procedure Code are regulated in articles 39-46 of the Criminal Procedure Code starting from Confiscation, Storage of Confiscated Objects, Management of Confiscated Objects / evidence after having permanent legal force. Meanwhile, Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Corruption Crimes regulates more specifically the management of evidence, especially related to assets resulting from corruption by means of Asset Confiscation (Article 18 of the Corruption Law). Confiscation of Assets suspected of originating from criminal acts of corruption, Blocking and Custody, to Execution of Decisions. The Role of the Prosecutor's Office in Securing Evidence that has been In Kracht in corruption cases. The Prosecutor's Office through the Asset Recovery and Evidence Management division has a role in managing evidence as regulated in the Regulation of the Attorney General of the Republic of Indonesia Number: PER-027/A/JA/10/2014 Concerning Guidelines for Asset Recovery. In practice, the management of evidence carried out by the Prosecutor's Office through the Asset Recovery and Evidence Management Division consists of 5, namely: Direct Sales, Indirect Sales, Determination of Use Status, Grants, and Destruction. Implementation of Evidence Securing in the Practice of Corruption Law Enforcement at the South Tapanuli District Prosecutor's Office. Evidence Securing in criminal acts of corruption at the South Tapanuli District Prosecutor's Office often takes the form of documents, financial transactions, and letters.

Corruption is a systemic problem that has become deeply rooted in Indonesia's national life, with multidimensional impacts that harm state finances, undermine democracy, and hinder development. Efforts to eradicate corruption are carried out by three law enforcement institutions: the Corruption Eradication Commission (KPK), the Attorney General's Office of the Republic of Indonesia, and the National Police of the Republic of Indonesia, each with authority based on statutory regulations. This study aims to analyze the synchronization of the authority of these three institutions in implementing corruption eradication in accordance with Law Number 31 of 1999 concerning the Eradication of Corruption Crimes (as amended) and to evaluate the impact of Law Number 19 of 2019 on their performance. The research method used is normative legal research with statutory, case, and historical approaches, as well as qualitative analysis of secondary data in the form of primary, secondary, and tertiary legal materials. The results show that normatively, regulations on corruption eradication are coherent, applying the principle of lex specialis derogat legi generali. The KPK has special authority to handle corruption cases involving law enforcement officials or state administrators, cases that receive public attention, and/or those involving state losses of at least IDR 1 billion. Meanwhile, the Attorney General's Office and the National Police handle corruption cases that do not meet these qualifications, with the Attorney General's Office responsible for investigation and prosecution, and the National Police tasked with inquiry and investigation. However, in practice, there is a lack of synchronization marked by overlapping authority, differences in interpretation of regulations, and horizontal conflicts between institutions. The existence of limiting boundaries regarding the authority of each institution (National Police, Attorney General's Office, and KPK) in handling corruption crimes is intended to ensure that relations between law enforcement institutions do not lead to monopolization or overstepping of each other's duties.

Mental disorder and discernment in jihadi terrorists: A study of 100 pre-sentence forensic psychiatric evaluations in France.

Termination of criminal proceedings is a multidimensional phenomenon, and in the theory of Moldovan criminal procedural law it is analyzed from various angles: in the sense of a procedural act, one of the forms of termination of criminal prosecution, as a legal fact, as a procedural guarantee against unjustified criminal prosecution and as an institution legally independent. A high-quality judicial process will inevitably lead to either a conviction, an acquittal, or a termination. Stopping the criminal process against someone who has been wrongly accused is no less important than identifying and exposing the person who actually committed the crime. The innocent must be protected at all costs from unnecessary accusations, rehabilitated before the society with restoration of reputation and the guilty must be found, prosecuted and punished according to the sections of the law.