Prosecution Of Crimes Research Articles

Clerical-Collar Crime: How Church Members Deal When Church Leaders Steal Church Property

Christian churches will lose an estimated $59 billion worldwide to embezzlement in 2022. Embezzlement and other white-collar crimes are property theft crimes characterized by the violation of another’s trust. This Comment names white-collar crimes committed exclusively by church leaders or officials “clerical-collar crimes.” Distinguishing clerical-collar crime from white-collar crime gives weight to and promotes future consideration of the unique problems that arise when church leaders and officials commit clerical-collar crime.Although clerical-collar crime is subject to civil and criminal liability, this Comment focuses solely on victims’ experiences in bringing civil claims against perpetrators of clerical-collar crime in Texas and leaves clerical-collar crime prosecution and punishment to future study. This Comment begins by examining three reasons why churches are uniquely vulnerable to clerical-collar crime. Then, this Comment describes three civil claims church members can bring against perpetrators of clerical-collar crime, two challenges church members face in bringing those claims in Texas, and the difficulty of recovering stolen property due to the judgment-proof problem. This Comment concludes by making several recommendations to protect churches from clerical-collar crime and mitigate victims’ losses.

The Aftermath of Dutch International Crimes Cases

Abstract This article describes the scale and nature of international crimes prosecutions in the Netherlands and maps the different scenarios that (may) unfold when criminal proceedings against a migrant suspect of international crimes conclude after acquittal or completion of a sentence. The article is based on an analysis of academic literature, Dutch legislation and case law, policy documents, and media reports. Since 1997, 20 individuals have been prosecuted for international crimes in the Netherlands, 16 of whom were naturalized or dual Dutch citizens, or non-citizens. The article concludes that while the Dutch ‘No Safe Haven’ policy — which we propose consists of a four-pillar model covering criminal law, extradition law, immigration/refugee law, and nationality law — has the potential to reduce impunity for international crimes, it likely results in undesirable, unremovable, and unaccounted for individuals.

THE ROME STATUTE: A CRITICAL REVIEW OF THE ROLE OF THE SWGCA IN DEFINING THE CRIME OF AGGRESSION

The main theme of this study is how the Rome Statute was created and why, even though article 5 of the ICC Statute brought the prosecution of crimes of aggression under its purview, the court's jurisdiction over such crimes was postponed. In addition, the Special Working Group on the Crime of Aggression (SWGCA), which was particularly influenced by the precedent set by the Nuremberg and Tokyo tribunals, considered the facts and the decisions made in reaching the final description for the crime of aggression. The study will also discuss recent cases involving crimes of aggression that upheld the fundamental rule of individual accountability under international criminal law. The qualitative research methodology has been applied on following article.

Globalization of White-Collar Crime: Far and Beyond National Jurisdictions

The goal of the paper is to research the modern phenomenon of global white-collar crime, its socially harmful forms and to discuss methods of fighting such criminality internationally. In the course of the research, several general and special scientific methods were used. Special focus was laid on comparing models of enforcing economic crimes in different jurisdictions. A general overview of today’s interconnected economic systems is provided. A link between economic security and national (including information) security is explained. With reference to numerous publications on the issues of white-collar crime it is suggested that this topic is of significant practical meaning to national governments. Based on the example of several white-collar crimes, including tax evasion, money laundering and insider trading, a conclusion was made on the complexity of prosecuting economic offenses, when criminal activity goes beyond any national jurisdiction. Challenges of procedural nature, which relate to investigation and prosecution of such crimes, are discussed as well. As a general conclusion, it is argued that modern phenomenon of economic globalization significantly underlines the importance of the implementation of comparative, multi-jurisdictional research into the field of white-collar crime enforcement.

전후 독일에서 나치 저항의 인식 변화

This paper examined the process of investigating the Nazi history from a judicial perspective by the German society through the Remer-Trial. This trial was held in Braunschweig in March of 1952 according to an indictment on the crime of libel for a far-right agitator that criticized a resistance fighter on July 20, 1944 by taking advantage of the legal understanding by the German judicial branch that illegalized criminal prosecutions for crimes of Nazis immediately after the war. The Remer-Trial vividly condensed the history of the early federal republic in its lawsuit procedures and is thus evaluated to have recorded a turning point in the memory culture of modern Germany history. This paper sheds light on this trial based on the reception history of resistance on July 20, 1944 as an index for identifying the past progress of overcoming Nazism. The past history of the German society immediately after the war was being formed by people leading the interpretation under the two different conditions of the task of becoming de-nazified, while on the other hand, reconstruction in the Cold War system. Therefore, this paper investigates how the roles of political circles, academia, media, and the judicial branch developed as elites for interpretations on past memories. Afterwards, the progress of trials was examined to compare the trial strategies between the prosecutors and attorneys, while examining the opposing understandings that were represented in the early stages of overcoming the past. Lastly, this paper investigates the results of the Remer-Trial, or in other words, the meaning found in the long-term course of overcoming the past of Nazism by the German society through this trial that gave judicial justification for the July 20 resistance. The anti-Nazi resistance that did not receive unanimous support by most members of the German society following the war who had not completely turned their backs from Nazi propaganda finally recovering honor through the Remer-Trial was a groundbreaking case of post-war history. This lawsuit that deemed the Third Reich as an illegal nation and confirmed resistance to have been legal is judged to have been a normative behavior that provided the decisive basis for establishing July 20, 1944 as the historical consciousness of the federal republic. This paper reveals that Bauer utilized this trial to not only find Remer guilty and regain honor for the July 20 resistance, but gave theme to the entire resistance against the Third Reich and finally the reconstruction of the civil right of resistance.

Blockchain Use Case in Ballistics and Crime Gun Tracing and Intelligence: Toward Overcoming Gun Violence

In the United States and around the world, gun violence has become a long-standing public safety concern and a security threat, due to violent gun-related crimes, injuries, and fatalities. Although legislators and lawmakers have attempted to mitigate its threats through legislation, research on gun violence confirms the need for a comprehensive approach to gun violence prevention. This entails addressing the problem in as many ways as possible, such as through legislation, new technological advancements, re-engineering supply, and administrative protocols, among others. The research focuses on the technological, supply, and administrative aspects, in which we propose a manner of managing gun-related data efficiently from the point of manufacture/sale, as well as at points of transfers between secondary sellers for the improvement of criminal investigation processes. Making data more readily available with greater integrity will facilitate successful investigations and prosecutions of gun crimes. Currently, there is no single and uniform platform for firearm manufacturers, dealers, and other stakeholders involved in firearm sales, dissemination, management, and investigation. With the help of Blockchain technology, gun registry, ownership, transfers, and, most importantly, investigations, when crimes occur, can all be managed efficiently, breaking the cycle of gun violence. The identification of guns, gun tracing, and identification of gun owners/possessors rely on accuracy, integrity, and consistency in related systems to influence gun crime investigation processes. Blockchain technology, which uses a consensus-based approach to improve processes and transactions, is demonstrated in this study as a way to enhance these procedures. To the best of our knowledge, this is the first study to explore and demonstrate the utility of Blockchain for gun-related criminal investigations using a design science approach.

Desain Perancangan Sistem Pakar Pemeriksaan Dimensi Dan Arah Pada Tanda Tangan

The signature is a fully reliable proof of identity to explain the authenticity of a document, which becomes a serious problem that the acceptance of a signature as evidence of a person's recognition, in this case, is not accompanied by its identification, this causes great danger to the possibility of forgery and various other crimes related to signatures. The lack of experts and the lack of application of knowledge about this, and the development of crimes in this field, it is necessary to overcome using investigations based on science and technology as a tool for the prevention and prosecution of crimes, especially in the field of signature examination. The design of the expert system in this study is designed to assist signature examiners in anticipating the increasing crime of signature forgery, with restrictions on the dimensions and direction of the signature.

Admissibility of Evidence in EPPO Proceedings

The issue of cross-border admissibility of evidence is a recurring theme of European Criminal Justice, and continues to be perceived as a decisive obstacle hindering the effective prosecution and adjudication of crime. In spite of this, the EPPO Regulation does not include an extensive framework guaranteeing the cross-border admissibility of evidence. In this article, it is argued that this lacuna is far less worrisome than it seems: the boundaries set out by EU primary law, in particular Article 325(4) TFEU and the Charter of Fundamental Rights (CFR), as well as the opportunity of the ECJ to judge on these boundaries, allow for a sufficient convergence of national laws and practices on the (in-)admissibility of evidence.

Selectivity in the prosecution of war crimes

Selectivity in the prosecution of war crimes

The role of the public prosecutors in the repression of tax crimes - the Italian perspective

The investigation and prosecution of tax crimes is characterized by the coexistence of administrative and criminal proceedings, which can lead to the imposition of multiple penalties. This paper therefore analyses the role of the public prosecutor’s office in the prevention and prosecution of tax crimes.

Consider the Balance That the Supreme Court of Canada Aims to Strike Between 'The State’s Interest in the Investigation and Prosecution of Crime and the Media’s Right to Privacy in Gathering and Disseminating the News' With Reference to V. Vice Media Canada Inc., 2018 Scc 53.

Consider the Balance That the Supreme Court of Canada Aims to Strike Between 'The State’s Interest in the Investigation and Prosecution of Crime and the Media’s Right to Privacy in Gathering and Disseminating the News' With Reference to V. Vice Media Canada Inc., 2018 Scc 53.

Возбуждение уголовных дел о преступлениях в сфере экономики

At present, provisions of the law about an institution of criminal proceedings in the economic sphere are controversial. The order of criminal prosecution of such crimes also is not defined clearly. The purpose of the research is to develop the optimal scenario for initiating these criminal cases and determining the most appropriate procedure for their investigation. This study relied on the methods of comparative studies, analysis and synthesis. Using the method of comparative studies, the norms of the Criminal Procedure Code of the Russian Fe­deration and the Criminal Code of the Russian Federation on the initiation of criminal cases in the economic sphere were compared. A graphic comparison was drawn between the content of part 3 of article 20 of the Criminal Procedure Code of the Russian Federation and Chapter 23 of the Criminal Code of the Russian Federation. The research proposed to change the text of the conditions under which the private-public procedure for the criminal prosecution of crimes in the economic sphere is applied, shifting the focus from the fact of causing harm to the direction of the act itself (Part 3, Article 20, Article 23 of the Code of Criminal Procedure of the Russian Federation). In addition, it is proposed to include the composition of Chapter 23 of the Criminal Code of the Russian Federation in the list of cases of private-public pro­se­cution to develop a single clear procedure for initiating these cases.

Ethics, Lawyers, and Prosecution of Economic and Financial Crimes in Nigeria

Ethics, Lawyers, and Prosecution of Economic and Financial Crimes in Nigeria

The evolution of funding for the International Criminal Court: Budgets, donors and gender justice

In this article, we introduce a new dataset on financial support for the International Criminal Court (ICC) and examine how this support has changed over its two decades of existence. We first consider how the ICC’s overall budget has changed over time. Then, we explore the evolution of support from individual donor governments. In addition, given former Prosecutor Bensouda’s emphasis on the effective investigation and prosecution of sexual and gender-based crimes, we examine the extent to which ICC funding is consistent with its apparent commitment to gender justice. Our research contributes to debates about the cost of justice, donors and norm diffusion, South–North clashes over the definition and delivery of justice, and gender mainstreaming within costly international justice processes. We argue that the level of funding state parties and other bodies allocate to particular forms of justice is a better proxy for their commitment to justice than their rhetoric, and conclude that the patterns of funding seen at the ICC support the claim that the Court remains, to a significant extent, a tool of powerful states.

Reported mortality of Griffon VultureGyps fulvusin central Italy and indications for conservation and management

SummaryVultures are long-lived species sensitive to human-caused mortality that has already determined a widespread collapse in Asian and African populations. They provide significant ecosystem services (regulatory and cultural) consuming livestock carcasses and saving greenhouse gas emissions, favouring nutrient recycling, environmental sanitation, and providing financial revenue. Appraising the incidence and causes of mortality could help to improve management and conservation actions. We compiled records of reported mortalities for the reintroduced Griffon VultureGyps fulvuspopulation of the central Apennines in Italy (123 cases, July 1994–December 2020). The average mortality was 4.69 vultures per year (± 1.14 SE), with no significant temporal trend. The peak of mortality events, estimated by harmonic regression analysis, was in March, while the minimum occurred in October. No differences were found among age classes and sex ratio mortality was established at 1.43:1 (M:F,N= 68). Out of 103 (83.7%) vultures which underwent a post-mortem and toxicological screening, 53% were poisoned, mainly by carbamates, and 27% died of unknown causes. Overall, direct or indirect anthropogenic mortality caused 67% of deaths. Even considering an inherent bias associated with reported mortality as to the prevalence of causes of death and estimation of mortality rates, the overwhelming relevance of poisoning highlights that existing anti-poisoning efforts should be refined and incorporated into a coordinated multidisciplinary strategy. A standardised approach, from vulture carcass discovery to post-mortem procedures and toxicological analysis, should be applied to reduce uncertainty in the determination of causes of death, increasing effectiveness in the prosecution of wildlife crimes. As most of the poisoning cases affecting the Griffon Vulture population in the central Apennines likely represent a side (though illegal) effect of retaliatory efforts to defeat livestock predators, effective strategies in reducing human–wildlife conflicts should be applied.

ISMS ROLE IN THE IMPROVEMENT OF DIGITAL FORENSICS RELATED PROCESS IN SOC's

Organizations concerned about digital or computer forensics capability which establishes procedures and records to support a prosecution for computer crimes could benefit from implementing an ISO 27001: 2013-compliant (ISMS Information Security Management System). A certified ISMS adds credibility to information gathered in a digital forensics investigation; certification shows that the organization has an outsider which verifies that the correct procedures are in place and being followed. A certified ISMS is a valuable tool either when prosecuting an intruder or when a customer or other stakeholder seeks damages against the organization. SOC (Security Operation Center) as an organization or a security unit which handles a large volume of information requires a management complement, where ISMS would be a good choice. This idea will help finding solutions for problems related to digital forensics for non-cloud and cloud digital forensics, including Problems associated with the absence of standardization amongst different CSPs (Cloud service providers).

МОЛЧАНИЕ ОБВИНЯЕМОГО В УГОЛОВНО-ПРОЦЕССУАЛЬНОМ ЗАКОНОДАТЕЛЬСТВЕ РОССИЙСКОЙ ФЕДЕРАЦИИ И ИНОСТРАННЫХ ЮРИСДИКЦИЙ

Introduction: the article analyzes the defendant’s silence models in foreign states (England and Wales, Ireland, the United States, the Netherlands, Belgium) and in Russia, with a focus on the evidence thresholds that allow drawing adverse inferences from the accused’s refusal or failure to answer questions as well as on the scope of these inferences. The historical retrospective of the issue and the development of international standards permitting the use of silence for evidentiary purposes are explored. The purpose of the paper is to study the legislation and law enforcement practice of the selected countries with regard to the conditions under which adverse inferences can be drawn from the defendant’s silence. Methods: general scientific methods of analysis, synthesis, analogy, and interpretation; comparative legal, formal legal, and axiological methods. Results: the author identifies the categories (groups) of crimes to which provisions on adverse inferences are applicable and indicates the guarantees designed to compensate for the limitation of the right to remain silent. The implementation of such guarantees in Russian legislation and their practical application are analyzed. The author outlines the possible negative scenarios for criminal process in Russia in cases where ambush defenses are raised. The experience of Belgium and the Netherlands in investigating stand-alone money laundering exemplifies the algorithm of using the indirect method of proof and demonstrates the role of the defendant’s failure to clarify the origin of an asset suspected to originate from an illegal source as corroborative evidence. Conclusions: while the presumption of innocence is a universal principle, the legal approaches to adverse inference from the defendant’s silence differ from state to state. Attaching the evidentiary importance to the accused’s silence does not violate the right to a fair trial, subject to compliance with the safeguards. The attitude to the evidentiary value of the defendant’s silence in Russia is to be changed due to the known difficulties of prosecution for profit-driven crimes.

International legal framework on maritime piracy

The article examines the phenomenon of piracy crimes based on the study of the international legal framework. The goal set by the authors is to identify possible ways and mechanisms by which States will be able to carry out effective international cooperation to bring pirates to justice and reduce the number of pirate attacks. The authors note that the beginning of the development of the efforts of the international community in the field of combating piracy falls in the middle of the 19th century. Further attempts to create a treaty at the beginning of the 20th century did not lead to success, but laid the foundation for the adoption of the 1958 Convention on the High Seas and the 1982 UN Convention on the Law of the Sea, which contain the universally recognized concept of piracy. The authors analyze the main elements of the crime of piracy (an illegal act of violence or detention, or any act of depredation; private ends; the “rule of two ships”; outside the jurisdiction of any State) and consider controversial issues of interpretation of these elements. Attention is drawn to the fact that existing sources aimed at countering piracy crimes include the obligation of States to cooperate. Since they do not contain specific forms of international cooperation, but are only limited to a general obligation to provide assistance to the maximum extent possible, the authors consider it appropriate to interpret the obligation of cooperation broadly to include such forms as extradition and mutual legal assistance in the prosecution of piracy crimes. The authors investigate the activities of international and regional organizations in the field of combating piracy and their proposed methods and mechanisms aimed at reducing crime on the high seas. The initiatives proposed by the Russian Federation to combat piracy are being considered.

Exploring the Politics of Crime Control: An Emphasis on Liberian Society

This study explored the politics of crime control as its conceptual framework. It uses the qualitative method with particular emphasis on content analysis. The data collection was sourced from a relevant literature review comprised of articles, books, journals, and webpages. Putting Liberia in context, the study explains why certain crimes that make major news headlines or stories remain hanging without a logical conclusion for prosecution despite the quantum of evidence that may exist or be available. It attributes the reason to the interest of the state or government. It argues that regardless of the quantum of evidence or pieces of evidence that may be available, the protection of the state interest is more important than the outcome of the prosecution. Thus, the study found that as it relates to certain crimes that make major news headlines or stories the decision for prosecution is politically motivated in which the interest of the state or government must be protected at the expense of society’s expectations that override the prosecution of crime. The study concludes that the politics of crime control inherently promotes injustice. It violates the legal maxim “Let justice be done to all” or “No one is above the law”. This is because when pieces of evidence are ignored because of the interest of the state, or government, it denies people or victims of their rights to justice.

Problematyka stwierdzenia nieważności orzeczeń Wojskowych Sądów Rejonowych w praktyce funkcjonowania Oddziału Instytutu Pamięci Narodowej w Białymstoku

The subject of this article is the activity of the Commission for the Prosecution of Crimes against the Polish Nation (CNDP), located in the Bialystok Branch of the Institute of National Remembrance (IPN), in the area of annulling the rulings of Military District Courts (MDC). It presents the tasks of the Commission and the legal acts regulating the procedure of invalidating the rulings of MDCs functioning in People's Poland in the years 1946–1955. The following part enumerates and discusses the structure and competences of the MDCs, with particular emphasis on the one functioning in Bialystok. Thanks to the available prosecution files of the IPN and the source materials from the IPN Archives in Bialystok, the author could present examples of three different rulings issued by the MDC in Bialystok. The cases were analyzed and their course of action during the years of the MDCs operation was shown. It was pointed out that in two cases, the rulings of the MDC were overturned by the Bialystok Regional Court primarily because they were based not on the provisions of the existing law, but on the communist ideology. The last presented case is an example that, according to the court's assessment, there were no grounds for overturning a ruling made during the Stalinist period. The author used the available lists of criminal cases from 1991–2007 and the internal statistics of the Bialystok District Court conducted after 2007, to present the scale associated with the annulment of judgments of MDCs. The number of annulled rulings of the Bialystok MDC was also analyzed in relation to the rejected applications that had no grounds for consideration in favor of convicts in 1946–1955.