Prosecution Of Crimes Research Articles

PENGARUH KEBIJAKAN LUAR NEGERI TERHADAP HUKUM PIDANA INTERNASIONAL

The application of international criminal law in Africa is greatly influenced by the foreign policies of international actors and African countries themselves. The foreign policies of international actors, such as Western countries and multilateral organizations, often determine support for or rejection of institutions such as the International Criminal Court (ICC). This international support, whether diplomatic pressure or financial assistance, strengthens the role of international legal institutions in the prosecution of serious crimes in Africa. However, this relationship also gives rise to political tensions, where several African countries see this intervention as a form of neo-colonialism and ignore their national sovereignty. On the other hand, the foreign policies of African countries show complex dynamics. Some countries, such as Botswana, fully support the ICC as a means of ensuring accountability, while others, such as Sudan and Kenya, reject international intervention, especially in cases involving their political leaders. The relationship between African states and the international community in the process of implementing international criminal law reflects the efforts made to balance the need for international justice with the protection of state sovereignty. In this context, the development of regional alternatives such as the African Criminal Court is also a response to tensions with the Western-dominated international legal system.

Down the banking hole: Investigating the case of Slovenian banks

The aim of this paper is to analyse who was responsible for the deterioration of the Slovenian banking sector to such an extent that it was almost destroyed by the 2008 financial crisis, necessitating the consideration of an international bailout. A literature review focused specifically on reports from law enforcement agencies and commissions that investigated banking practices, complemented by a qualitative empirical study. In order to gain insight into the reasons why this situation unfolded, ten structured interviews were conducted. The interviewees included experts with experience in the fields of prevention, detection, investigation and prosecution of economic crime, bad credit management, central banking, parliamentary committee management, forensic investigations, investigative journalism, and experts with academic knowledge in law and economics. Five different investigations explored the behaviour of banking sector actors before, during, and after the 2008 financial crisis. These investigations revealed behaviours ranging from negligence to criminal acts. The interviews indicated that the perpetrators were individuals of high social status with significant influence, explaining why people are often not willing to testify against them. On the detection and prosecution front, the main challenges were fears among criminal investigators, prosecutors, judges, and others of retaliation from superiors, job loss, and being publicly lambasted in the media.

Factors affecting problem-solving court team decisions about medications for opioid use disorder

BackgroundProblem-solving courts (PSCs) provide alternatives to prosecution and incarceration for drug-related crimes and offer integrated support for people who have lost custody of children due to drug use. Methadone and buprenorphine are lifesaving medications for opioid use disorder (MOUD) but are underused by PSC clients. Even when PSCs lack a court-level prohibition against MOUD, court staff still make individualized decisions about whether a court client can use MOUD. Therefore, we sought to identify factors involved in such individualized PSC court decisions about clients' use of MOUD. MethodsWe conducted semi-structured interviews and focus groups between Summer and Fall 2022 with a convenience sample of 54 PSC staff members from 33 courts across four states. Data were analyzed using iterative categorization. ResultsInterviewees indicated that their courts had eliminated blanket prohibitions against MOUD due to federal and state policy funding requirements, widespread dissemination of voluntary best practice standards, fear of lawsuits, and MOUD education targeting courts. Courts allowed MOUD if the court client accessed it through a treatment provider with whom the court collaborates. Some courts only allowed court clients to access MOUD from non-partnering treatment providers after a court-led “vetting” process of the proposed MOUD provider. MOUD provider characteristics considered during the vetting process included the provider's willingness to communicate with the court, frequent drug testing, adjustments of medication or dosage in response to aberrant results, offering of counseling, and acceptance of Medicaid or sliding scale payments. PSC staff were least comfortable with court clients using methadone treatment. ConclusionsThe presence (or lack of) a PSC-MOUD partnership is a key factor involved in court staff decisions when a court client desires MOUD. Therefore, increasing the number of partnerships between PSCs and MOUD providers could lead to higher rates of MOUD utilization. It is unclear whether court-led vetting processes for non-partnering MOUD treatment providers are necessary or appropriate, and such vetting processes could reduce treatment choice or access in communities with few MOUD providers.

Recognition of the Jurisdiction of the International Criminal Court as a Measure to Ensure the Application of International Humanitarian Law: Example of Armenia

This paper reviews the definition of international humanitarian law, as well as the application of international humanitarian law by the International Criminal Court. The powers and activities of the International Criminal Court are examined. The scope of possible application of the principles and provisions of international humanitarian law by the International Criminal Court, as well as the modalities of such application, is revealed. The article analyses changes in Armenian legislation after the ratification of the Rome Statute and focuses on the fact that after the ratification of the Rome Statute, which is a significant step forward for the security of Armenia, Armenia (Centre for Truth and Justice) requested the International Criminal Court Prosecutor to initiate a preliminary examination of the ongoing genocide committed by Azerbaijan’s Armed Forces against the ethnic Armenians within the territory of Armenia. Besides this, the analysis of the procedural position of the International Criminal Court Prosecutor in the system of international justice is carried out. The main tasks and fundamental role of the Prosecutor's office in the investigation or prosecution of international crimes are investigated. Keywords: International Criminal Court; International Humanitarian Law; Rome Statute; ratification; preliminary examination.

Reconstruction of the Termination of Prosecution of Corruption Offences Public Prosecutor's Discretion

Corruption cases that result in small state financial losses continue to end up in the Corruption Court without alternative solutions that are faster, simpler and cheaper, even though the Corruption Court is located in the provincial capital and the corruption trial process requires a lot of money. So that it is not commensurate between the costs of law enforcement incurred with the state financial losses incurred due to corruption. The method of this research approach is juridical sociological because the problems studied concern the relationship between juridical factors and sociological factors. The urgency of discontinuing the prosecution of corruption crimes with small state financial losses is that the prosecution of corruption crimes with small state financial losses is inefficient and the Discontinuation of Prosecution of corruption crimes with small state financial losses does not have a legal umbrella This is because there are weaknesses in legal substance, legal structure and legal culture. The reconstruction model for the termination of prosecution of corruption crimes with small state financial losses based on Prosecutorial Discretion by the Public Prosecutor in a Progressive Legal Perspective is the Reconstruction of Legal Substance, namely adding Prosecutorial Discretion by the Public Prosecutor as a manifestation of the Dominus Litis Principle can stop the prosecution of corruption crimes with small state financial losses where this has not been regulated in Article 140 paragraph (2) of the Criminal Procedure Code, Reconstruction of legal structure, namely the delegation of authority from the Attorney General of the Republic of Indonesia to the Head of the High Prosecutor's Office as the controller of the termination of prosecution of corruption crimes with small state financial losses, Reconstruction of legal culture, namely changing the patterns of thought of public prosecutors from positivistic to progressive in exercising their authority. The recommendations in this study encourage the reform of the Criminal Procedure Code (KUHAP) related to the authority to discontinue prosecution by the Public Prosecutor and the need to make a regulation of the Attorney General related to the Discontinuation of Prosecution based on the Discretion of the Public Prosecutor.

An Analysis of Albania’s Encounter with International Criminal Justice

Abstract This article aims to provide an account on Albania’s encounter with international criminal justice, reflecting on the data collected under EU cost Action ca18228 and the States’ Scoping Survey. It looks at how Albania has engaged or not engaged with international criminal justice, in relevant provisions of domestic law, in its level of support and cooperation with international and hybrid courts, in domestic prosecutions of international crimes, and memorialisation activities. The findings suggest that the response to international crimes committed in Albania or abroad has been mixed. While little, if any accountability has been sought for the horrendous crimes during its communist past, Albania’s response to international crimes abroad in neighbouring Yugoslav territories was that of justice and accountability for those who committed crimes. The Kosovo War prompted a strategic shift in Albania’s approach, as the Kosovo Specialist Chambers (ksc) faced criticism highlighting tensions between accountability and nationalistic sentiments.

Criminalizing Abuse, Neglect, and Financial Exploitation of Older Adults

The criminalization of abuse, neglect, and financial exploitation of older adults did not begin until the late 1990s in the United States. During this time, a number of states enacted laws criminalizing certain abusive and exploitive behaviors committed against older adults and added punishment enhancements to existing laws if victims were over a certain age. These laws and policies, and the impetus for them, mirrored those enacted decades prior as part of the child welfare movement, with connections drawn between the vulnerability of younger and older victims. Despite passage of these various abuse and exploitation laws for older adults, significant challenges remain in the identification, investigation, and prosecution of crimes committed against this population. Further, the population of older adults has been rapidly expanding along with rates of victimization, elevating the importance of this escalating social problem. This paper identifies limitations in the prior research by describing the past, present, and likely future of U.S. law and policy intended to effectively respond to crimes against older adults and concludes with a research and policy agenda.

Assessing International Criminal Justice in Guatemala: Evolutions and Ongoing Challenges

Abstract This article examines the codification of international crimes in domestic law, the prosecution of international crimes committed during Guatemala’s Internal Armed Conflict, and the challenges in implementing the Rome Statute for the International Criminal Court (icc). It underscores the essential role of civil society in the fight against impunity through strategic litigation and memory initiatives, thus contributing to advances in justice. It exposes the impact of Inter-American Court of Human Rights’ rulings demanding reparations for victims of international crimes as a catalyst for domestic prosecution efforts. Furthermore, the establishment of the International Commission Against Impunity in Guatemala (cicig) with the support of the UN represented a significant advance in justice. However, the abrupt end by the Guatemalan government of the cicig was a significant setback. Ongoing challenges involve maintaining progress within Guatemala’s criminal justice system, as many justice operators who had worked alongside cicig faced criminalization and were forced into exile.

The Legal Position of Corporate Crime in Indonesia

In the context of Indonesian criminal law, legal subjects extend beyond humans or individuals to include legal entities or corporations. Corporations, as legal entities that can be held accountable for their actions, are subject to a range of legal frameworks, including those outlined in various laws such as Law No. 7 Drt. Year 1955 concerning Investigation, Prosecution and Trial of Economic Crimes, Law No. 31 Year 1999 as amended by Law No. 20 Year 2001 concerning Amendments to Law No. 31 Year 1999 concerning Eradication of Crimes, Law No. 9 Year 2013 concerning Prevention and Eradication of Criminal Acts of Terrorism Financing, Law No. 31 Year 1999 concerning Corruption Eradication, Law No. 41 Year 1999 concerning Forestry and others. Criminalizing corporations differs from criminalizing individuals due to the inherently distinct nature of corporations, which is not subject to the same legal principles as individuals within the criminal law. While certain forms of punishment can be imposed upon people, they are not applicable to corporations; for example, imprisonment and death penalty. Therefore, it is necessary to impose an appropriate form of punishment on corporations in order to achieve the objectives of criminalization. Accordingly, a variety of sanctions exist that are regulated by several different laws, including probation sanctions, equity fines, diversion to alternative sanctions, supplemental sanctions, community service sanctions, the authority of external legal entities, and the requirement to purchase shares.

The impact of anti-organized crime on business environment: Evidence from China's anti-Mafia campaign

This paper investigates the impact of China's 2018–2020 anti-Mafia campaign on the business environment. Using a novel dataset on organized crime prosecutions across China's prefecture-level cities and above, we find that the anti-Mafia campaign significantly improved the overall business environment. Probing the mechanisms, we show that the anti-Mafia policy enhanced the business environment through four key channels: increasing international trade and investment, bolstering domestic commercial activities, improving government effectiveness, and promoting public safety. Our findings pass a battery of robustness checks. We contribute to studies on organized crime economics and highlight the need for continued efforts to combat the Mafia.

Strengthening Law Enforcement to Address White-Collar Financial Crime in South Africa's Private Sector

With the government's focus on combatting public sector corruption and violent crime, the plight of white-collar financial crime in the private sector is of subordinate priority. This contribution seeks to explore means to enhance the capacity of law enforcement agencies to combat white-collar financial crime in the private sector. We clarify the salient terminology and give an overview of the role of financial sector regulators in financial crime prevention in South Africa, focussing on the Financial Sector Regulation Act 9 of 2017. Financial sector regulators have an important role to play against financial crime, though they are dependent on the criminal justice system to protect the financial sector against criminals. This section is followed by an overview of the role and functions of the South African Police Service, the National Prosecuting Authority, and the court system. We identify difficulties which may hinder the prosecution of white-collar financial crime. First, there is a tendency that companies do not investigate conduct that may amount to white-collar financial crime, and otherwise do not report such incidents. Second, there is a need for a specialised and independent law enforcement agency to attend to serious white-collar financial crime. There is also a skills shortage in the National Prosecuting Authority relative to the intricacies of white-collar financial crime. As remedial measures, companies ought to apply the corporate governance principles of King IV more robustly. Artificial intelligence can also be utilised to prevent white-collar financial crimes committed in cyberspace. Private sector agencies should be vested with a more comprehensive duty to report white-collar financial crime to the authorities, and the protection and scope of whistle-blowers should be increased. We propose the introduction of Deferred Prosecution Agreements, as well as cooperation between the State and the private sector, to weaken capacity constraints in the prosecution process.

ARTICLE 98 OF THE ROME STATUTE AS A SHIELD AGAINST THE PROSECUTION OF INTERNATIONAL CRIMES BY THE INTERNATIONAL CRIMINAL COURT

Article 98 of the Rome Statute makes provision for immunity and non-surrender agreements contrary to the objective and purpose of the Statute, thereby shielding perpetrators from prosecution for international crimes. This cuts down on the ability of the International Criminal Court to achieve its mission. Adopting a doctrinal method of research, this paper examines the effects of Article 98 and concludes that it has been the foundation of bilateral immunity and non-surrender agreements culminating in several approaches adopted by States, and International Organizations to insulate perpetrators from ICC prosecution. It is therefore recommended inter alia that State parties should not adopt measures friendly to Article 98 and its effect can be ignored by considering the equirement to waive immunity into an impartial, unbiased, and effective command from the UNSC to cooperate with the ICC in the prosecution of international crimes.

Content analysis of press releases from the Norwegian serious fraud office: what do the messages say about focal concerns?

PurposeThis article reviews 69 press releases published by the Norwegian Økokrim from June 2022 to November 2023. The presented research applies the theory of focal concerns to identify the main themes in the press releases.Design/methodology/approachSerious fraud offices such as the Norwegian national authority for investigation and prosecution of economic and environmental crime (Økokrim) are facing many challenges when combating white-collar and corporate crime. Press releases represent an element of facing such challenges, as the messages are an important vehicle for the organization to disclose organizational activities to the public.FindingsThree themes emerged: offender conviction, impression management and crime deterrence. Offender prosecution followed by offender conviction is at the core of Økokrim's business. Impression management serves the purpose of emphasizing the important role of the national authority in society. The subjective perception of detection and prosecution by potential offenders can be influenced by crime deterrence messages.Research limitations/implicationsPress releases are signals that may be interpreted in other ways.Practical implicationsWhen politicians are to review national authorities, they may want a slightly different serious fraud office.Social implicationsThe deterrence effect is often not real for alleged white-collar crime.Originality/valueUnderstanding a national authority in terms of its focal concerns based on press releases from the authority.

National Legislations on Air Quality Protection and Penalties for Atmospheric Air Pollution in Central Asia

Air pollution poses severe risks to public health and the environment, with acts contributing to air contamination potentially constituting environmental crimes or public health offenses. This research examines the national legislations and international legal frameworks aimed at safeguarding atmospheric air quality and addressing air pollution-related offenses in Central Asian countries. Particular attention is given to legal provisions that establish emission standards, monitoring mechanisms, and punitive measures for violations. By exploring the genesis and implementation of these legal instruments, the research identifies potential gaps, inconsistencies, or weaknesses that may hinder the effective prosecution of environmental crimes associated with air pollution in the Central Asian region. This study contributes to the broader understanding of environmental criminology by examining the interplay between international norms, national legislations, and institutional structures in combating air pollution-related offenses.

A rágalmazás „tényállása” az Ószövetségben és a rabbinikus jogtudományban

The Law of Moses, the Torah, does not explicitly divide the crimes that can be committed in the field of communication into criminal and civil categories, contrary to the legal system of modern and postmodern European states. In the theocratic legal system of the ancient state of Israel, where all sins against human beings were first and foremost offences against God (i.e., being a holy nation, they were also a matter of holiness), this distinction was at most separable in the way in which cases were dealt with, and in the fact that prosecution of certain crimes was mandatory, while prosecution of others was, in modern terms, on the basis of private accusation. The Ten Commandments forbid two acts of communication: the vain (empty, meaningless, false, blasphemous, etc.) use of the name of God (Yhwh), and, in human relations, bearing false witness against someone. In my study, I intend to give an overview of the latter element of the Ten Commandments as a general clause, using the Torah and the sources of rabbinic jurisprudence and relevant literature in a historical context.

Criminal Law Policy Related to Corporate Criminal Liability in Facing the Challenges of Globalization

The acceptance of corporations as the target of crime, thus raising the issue of criminal policy in the prosecution of corporate crime. There are two main topics in this research, namely (1) how is the current criminal law policy towards criminal liability? (2) How is the criminal policy of criminal liability in the problem of globalization era in review of ius constituendum? The research method uses normative jurisprudence research method with law making, comparison and analysis of legal concepts. The results of the research are: (1) Criminal law does not regulate society as an object of criminal offense has regulated society as an object of crime. (2) economic life between countries is increasingly dependent on each other, therefore international trade regulations are increasingly needed. There used to be a saying that the poorer a country is, the higher the crime is, now the saying only applies to ordinary crimes such as theft, robbery, fraud and embezzlement.

Universal Jurisdiction: Law out of Context

Universal jurisdiction enables the prosecution of international crimes by domestic courts in the absence of any nexus between the prosecuting state and the crime charged. While the temptation is for domestic judges to proceed with ‘business as usual’ in the conduct of such trials, difficulties in the practice of universal jurisdiction reflect the importance of developing a better understanding of the distinctive communities, interests, crimes and cultures these trials are intended to serve. The exercise of universal jurisdiction is commonly regarded as a form of domestic jurisdiction exercised pursuant to a sovereign right under international law. This article invites a re‐conceptualisation of the concept of universal jurisdiction, explaining that it is not a form of domestic jurisdiction acquired based on sovereign nexus between the crime charged and the prosecuting state. Instead, it should be recognised as a form of decentralised ‘international jurisdiction’, exercised as part of a state's contribution to the enforcement of international criminal law. This re‐conceptualisation has implications for the way in which domestic courts engage with many of the challenges facing universal jurisdiction trials, including problems of community, case selection, proof and translation.

The challenges of the European and Albanian legislation on the procedures for the surrender of persons wanted by criminal justice

Abstract When we talk about the challenges of the European and Albanian legislation on the surrender of persons wanted by criminal justice, the picture of the Albanian law and the operation of the law comes to mind. But today more and more measures are being taken to develop the legislative power and its functioning. These measures have also been taken in drafting and in administrative and judicial execution. Today, there is more and more talk about justice reforms; such are the challenges that Albania faces when it comes to cooperation with the EU in relation to the procedures for handing over persons wanted by law. It is such a challenge, because Albania’s legislation must be in line with that of the EU. When we talk about compliance or Acquis communautaire, we mean the interoperability that the legislative, judicial and executive powers must follow. Talking about the justice reform in Albania, we understand and analyse more closely the issue of corruption. The globalization of criminal activities has created a need to strengthen international cooperation. The investigation, prosecution and control of crime cannot be confined within national borders.

Research Paper Examining the Obstacles Encountered by Indian Authorities in the Investigation and Prosecution of White-collar Crimes, Supplemented by a Case Study of the Nirav Modi Scandal

Research Paper Examining the Obstacles Encountered by Indian Authorities in the Investigation and Prosecution of White-collar Crimes, Supplemented by a Case Study of the Nirav Modi Scandal

Investigating and Prosecuting International Crimes Committed in the Context of the Russian Aggression Against Ukraine: The Polish Involvement

The paper aims to present the available options relating to the investigation and prosecution of international crimes allegedly committed in Ukraine by the Russian authorities and members of the Russian armed forces. Firstly, it presents domestic Ukrainian criminal proceedings on these crimes. Then, the ongoing investigation in the International Criminal Court on war crimes and crimes against humanity as well as the initiatives to create a special international court that would deal with the responsibility for the crime of aggression are explored. Finally, considering substantial Polish involvement, it would be interesting to have an insight into how Poland already has and could, in the future, further contribute to bringing to justice the perpetrators of international crimes committed in Ukraine.