Separate Crime Research Articles

형사사법절차의 방해 및 왜곡에 대한 소고 - 조직적 사법방해 및 권력결탁적 법왜곡을 중심으로

The discovery of substantive truth is the purpose and raison d'être of criminal procedure law. However, the end does not necessarily justify all means. Criminal proceedings must be conducted by appropriate and fair means. This requires cooperation between the court, the investigating agency, the suspect and the accused, the defense, and the various parties involved in the criminal proceedings. However, obstruction of justice and perverting the law can make the criminal justice process unfair. Among the types of obstruction of justice, the main issue has been whether to punish false statements by witnesses. There are opposing views on whether a general provision should be introduced to punish obstruction of justice. On the other hand, views are divided on whether it can be introduced on a limited basis. However, it is necessary to punish systematic obstruction of criminal proceedings by making false statements to witnesses, especially in political crimes, corporate crimes, and organized crime. It is also possible for officials who are conducting criminal proceedings to distort the law and undermine fair criminal proceedings. Therefore, there are arguments in academia and the National Assembly to introduce a separate crime of perjury. There is a general consensus among academics that the law should be changed. However, there is a division of opinion on the specific method. Perjury can be used by those in power as a tool to violate the independence of the judiciary. Therefore, it is necessary to ensure that those in power, such as high-ranking officials, cannot unduly influence the criminal justice process and distort the law. In addition, prosecutors and judges should not be allowed to distort the law by colluding with those in power. Therefore, even if a crime of distortion of the law is introduced, it is proposed that the penalties should be limited to those who distort the law through the intervention of political power and those who distort the law for political or private interests. It is not advisable for the discussion of obstruction and distortion of the criminal justice process to be rushed into legislation in the midst of political debate. It should be fully debated in the academic realm.

The Crime of Accepting Bribes in the Hong Duc Code and Their Significance as a Model for Contemporary Criminal Law in Vietnam

The Hong Duc Code, promulgated during the reign of King Le Thanh Tong, is regarded as a progressive and comprehensive legal code within the context of feudal Vietnam. It reflects the principles of the rule of law and demonstrates a deep commitment to humanity. The Hong Duc Code contains detailed provisions covering various forms of bribery, including accepting money or gifts, exploiting positions for personal gain, harassing individuals, making wrongful convictions, concealing crimes, and weakening the military. The law applies to incumbent officials, relatives, and other connected individuals. Penalties are clearly outlined and vary depending on the nature and severity of the offense, ranging from fines and demotion to exile and the death penalty. Although resembling a feudal society, the Hong Duc Code remains relevant in Vietnamese criminal law, particularly in corruption prevention and control, especially the clauses on bribery. The article is dedicated to analyzing the crime of bribery in the Hong Duc code, to provide valuable insights for the current Vietnamese criminal law system. The article highlights three main points: (1) The legal form is clear, easy to understand, and easy to apply; (2) Treating bribery as a separate crime rather than just an aggravating circumstance as in current law; (3) Providing rewards to those who report bribery. As a result, the article aims to improve the law, enhance the effectiveness of anti-corruption efforts, and contribute to establishing a fair and civilized society.

The equivalence of violence against women on social media: Acts constituting digital violence and their place in the Turkish Penal Code

This study aims to explore women's perceptions of digital violence across different age groups, educational backgrounds, and marital statuses. It also investigates their awareness of digital violence on social media and their coping strategies when exposed to such acts. Additionally, their knowledge, attitudes, and behaviors regarding whether digital violence constitutes a crime were examined. Within the scope of the research, a survey form as a preliminary study was applied over the internet throughout Türkiye. According to the findings, 51.2% of the participants answered that they did not think they were exposed to acts of digital violence on social media. The findings revealed that 43.9% of the participants, who initially indicated that they had not experienced acts of digital violence on social media, stated that they were exposed to certain acts of violence such as being insulted and sworn at, falling victim to fraud, receiving threats and blatckmail, enduring harassing messages, discovering fake accounts created in their name with personal photos, etc., 47.7% of the participants stated that "Digital/Cyber Violence" is treated as a separate crime in the Turkish Penal Code. In response to the question ‘What would you do if you were exposed to the above action(s)?’ 83.3% of the participants marked the item 'I would block the related person from my social media accounts', 48.3% 'I would change the passwords of my social media accounts'. Consequently, looking at the answers of the women who participated in this survey, it was concluded that they were not aware that they were subjected to digital violence and that the actions they were exposed to were acts of digital violence. In this context, digital violence should be treated as a serious problem, and awareness, prevention and coping methods should be implemented.

Does a violation of obligations related to serving a sentence of imprisonment under the electronic surveillance system constitute a separate crime?

Does a violation of obligations related to serving a sentence of imprisonment under the electronic surveillance system constitute a separate crime?

A Separate Conviction Study on Online Rumors and False Information Dissemination in China

With the rapid development of the Internet in the 21st century, more and more people choose to conduct social and other related activities in the online world, so the spread of online rumors and false information has become more frequent and threatening. In view of these practical factors, this paper mainly uses the method of legal normative analysis to study the separate criminalization of online rumors and false information dissemination in China. How to better face the rampant Internet chaos and the proliferation of criminal behavior. At present, Chinas criminal law norms have undergone two amendments and two judicial interpretations, but there are still many problems. The victims of personal and property rights that have not been properly protected are increasing with the development of the Internet, and it is all the more necessary to separately criminalize the spread of online rumors and false information. This article argues that it is necessary to add separate crimes to the criminal law to regulate it. This article focuses on the contradiction between Chinas current technological development and the old regulations. This has led to difficulties such as the criminal law cannot correspond to all online rumor-mongering behaviors, and the interpretation of the regulatory scope of false information is not clear enough. Attempts were made to change the status quo by separate legislation and additional interpretations. At the same time, the question of defining the boundaries of the offence, focusing on separate convictions, illustrates the necessity of such a move. In order to improve the green environment of the Internet, improve the stability of the Criminal Law, and improve laws and regulations.

Modernization of Criminal Legislation in the Context of Criminalization of Responsibility for Social and Domestic Violence

The present study is devoted to the lack of proper legal regulation in the Russian criminal law of responsibility for violence in family relationships. The amendments and additions made in 2016–2017 to the Criminal Code of the Russian Federation and the Code of Administrative Offences of the Russian Federation regarding responsibility for inflicting beatings or other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of the Criminal Code of the Russian Federation, in particular, the decriminalization of beatings against loved ones, are currently questionable and a number of questions. The article analyzes the proposals of researchers on the problem of domestic violence, as well as their own conclusions on the issue of legal regulation of domestic violence. The authors recommended criminalizing domestic violence as a separate crime.

On whether auxiliary police officers belong to the crime of obstruction and the object of protection for the crime of assaulting police officers

The Amendment to the Criminal Law (XI) sets up a separate crime of assaulting police officers. The purpose of this amendment is to protect the interests of the people's police, establish law enforcement authority and maintain legal dignity. However, the lack of clarity in the subject of auxiliary police has caused certain difficulties for law enforcement. Regarding the status of the auxiliary police, from the legal relationship between the auxiliary police and the public security organs and the duties of the auxiliary police, the auxiliary police do not have the status of "people's police" and do not belong to the protection of the crime of assaulting a police officer. But it is the staff of state organs, so it belongs to the protection of the crime of obstruction of public service.

Content analysis of infanticide and neonaticide cases in the UK

AbstractTwenty cases, 14 infanticides and 6 neonaticides committed between 1989 and 2020 by biological mothers were analysed using Smallest Space Analysis for the presence of themes. Three themes associated with offender motivation were identified: Desperation, Disturbance and Rejection. Desperation theme included variables suggesting the mother committed the crime as a result of distress or perceived necessity. Disturbance suggested the motivation behind the offence to be as a result of the mother's caregiving role being disturbed; and the Rejection theme explained complete maternal rejection of the infant or new‐born as the motivation behind the crime. Alongside the themes, three core variables were identified to be common for the crime regardless of motivation: the crime being committed at Home, the victim Female, and the crime being Denied by the mother. The implications of the findings are discussed including the potential for an investigative support tool and developing understandings of neonaticide and infanticide as separate crimes.

Legal Position of Criminal Act of Political Corruption as Part of Reflection Money Political Practice

Until now, there has been no specific regulation regarding the crime of political corruption in the laws and regulations in Indonesia, but this kind of activity has become familiarly mentioned. This phenomenon makes the legal position of the criminal act of political corruption worthy of being a separate offense in a material criminal law regulation. The purpose of writing this article is to determine the legal position which can later be used as material to formulate a new criminal act in the form of political corruption in the applicable positive law. This article uses the normative juridical research method through statute approach, comparative approach, and conceptual approach, which aims to critically examine the legal position of the criminal act of political corruption as part of the reflection of money politics practices. The study results indicate that in the context of future legal reforms, money politics as a form of political corruption must be regulated as a special offense in the law on eradicating corruption. The novelty offered by the authors in this article is the idea of the need to criminalize political corruption as a separate crime in the future.

On Improving the Efficiency of Criminal Law Counteraction to Terrorism

The subject of research is the norms of the Criminal Code of the Russian Federation (further referred to as the CC RF) aimed at counteracting terrorism. After the enaction of the key counterterrorism Federal Law “On Counteracting Terrorism”, the CC RF was supplemented by a set of new antiterrorist Articles (2051–2056), which considerably improved its counterterrorist potential and the criminal law protection of individuals, the society and the state against terrorist threats. Meanwhile, the current counterterrorist norms have certain faults. The definition of terrorist activities is inconsistent: Art. 3 of the Federal Law “On Counteracting Terrorism” and Art. 2052 of the CC RF offer different interpretations, which contributes to contradictions in investigation and court practice. The solution can lie in introducing a unified definition of terrorist activity, and the definition in the edition of the CC RF (Art. 2052) looks preferable. It is suggested to reconstruct formal elements of crime under Art. 2052 the CC RF (in the part regarding the public justification of terrorism, by introducing an administrative prejudice), and Art. 205 and 207 (by making the threat of committing a terrorist act as separate crime, encompassing false information on terrorist acts against objects of social infrastructure or with the purpose of destabilizing the work of public authorities). The author presents some ideas on the legal support of planting an undercover police officer in criminal, including terrorist, organizations. The author also suggests the wording of amendments to Art. 75 of the CC RF and Art. 28 of the Criminal Procedure Code of the RF, as well as the introduction of false complicity — a new circumstance excluding the criminal character of the action.

Przymusowe małżeństwo jako zbrodnia przeciwko ludzkości w świetle orzecznictwa Specjalnego Trybunału dla Sierra Leone

This article attempts to make progress on understanding the problems linked to forced marriage, as The Special Court for Sierra Leone the first time ever acknowledged it as a crime against humanity, and consequently recognized the women afflicted by it (bush wives, rebel wives) as victims. The forced marriage was not embraced in the international agreements until now. The need of protection of women in the armed conflicts has become indispensable, because of the very frequent use of such strategy of violence against women during armed conflicts. It found a reflection in several UN Security Council resolutions: S/RES/1820 (2008), S/RES/1829 (2008) and S/RES/1325 (2000), which in particular are concerned with the protection of women’s rights through the mechanisms of transitional justice and criminal justice. Yet, forced marriage has not been recognized as a separate crime by other international criminal courts. Nevertheless, the jurisprudence of the International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda contributed to creating a new crime on the ground of international law. Undoubtedly, forced marriage results in extreme feelings of humiliation and indignity both by the victims and their families. The bush wives instead of being accepted are being excluded from the community. This emotional and social rejection becomes the worst consequence for the victims. Against this background the judgments of the Special Court for Sierra Leone is very important for the international criminal justice, since the Appeals Chamber of the Court in the AFRC case underlined the particular suffering of victims and their stigmatization, which were considered different than in other forms of sexual violence, especially sexual slavery.

Medicolegal Sidebar: A Fast Route To A Criminal Indictment-Violating Fraud and Abuse Laws.

Medicolegal Sidebar: A Fast Route To A Criminal Indictment-Violating Fraud and Abuse Laws.

Foreign experience in criminal law counteraction to enforced disappearance

The problem of criminal liability for the enforced disappearance of the direction of supervision over the need to study issues relatedto the criminalization of such a crime, as well as determining the legal nature of such an act and distinguishing it from othersenshrined in law. The practice of foreign jurisdictions to determine the place of enforced disappearance in the criminal system is toadhere to the diverse and ambiguous, which is of keen interest among researchers.The article is devoted to the study of foreign experience on the mechanism of counteraction to enforced disappearances and comparisonwith the current practice in national legislation. It is well known that there is an ambiguity in the world community about anumber of issues directly related to enforced disappearances. In particular, the issue of criminalization of enforced disappearanceremains open, as to date a number of states have refrained from recognizing enforced disappearance as a criminal offense in nationallaw, thereby violating the provisions of the International Convention for the Protection of All Persons from Enforced Disappearance(hereinafter the Convention).The article considers the need to recognize enforced disappearance as a separate crime, which in turn generates interest in thestudy of issues related to the establishment of the appropriate legal qualification of such a crime and its place in criminal law. The studyalso found that different countries have chosen different ways to enshrine enforced disappearance in national law, namely: 1) recognitionof enforced disappearance as a crime against the will, honor and dignity of a person (within a single, isolated act of crime); 2) establishmentof criminal liability for two separate offenses: the first provides for liability for enforced disappearance under a single act, andthe second – in cases of systematic or large-scale nature; 3) recognition enforced disappearance by a crime against humanity in the caseof a single act; 4) recognition of enforced disappearance as a crime against humanity in the event of a large-scale or systematic attackon the civilian population; 5) establishment of a single offense, which includes all possible cases of enforced disappearance.The state of criminal-legal counteraction to enforced disappearances in Ukraine was also briefly analyzed. It is established thatthe national legislation on criminal liability for such a crime has shortcomings that must be overcome by amending the criminal lawaccordingly.

Using AI Techniques To Predict Property Crime Rates - A Comparison And Analysis

Property crime is an increasing concern worldwide and one which causes trauma to victims and puts pressure on law enforcement agencies. One essential weapon in the fight against property crime is that of effective forecasting which helps law enforcement task forces to put in place effective preventative measures. Researchers and law enforcers now choose to harness the power of modern technology, namely artificial intelligence, to help them to predict property crime rates and to therefore create proactive preventative solutions. The objective of this study is to perform a comparative analysis on three different artificial intelligence techniques which are; Random Forest Classifier (RFC), Gradient Tree Boosting (GTB) and Support Vector Regression (SVR). These techniques are applied to four separate crime types in the USA in order to compare and contrast in terms of quantitative measurement of error. The results of the study show that GTB is the most effective method as it produced the lowest error measurements and the highest level of forecast accuracy in comparison to RFC and SVR

Sterner Response toward Rape in line with Islamic Law: Special Reference to Pakistan

This paper tends to examine the nature of rape crime under Islamic law in order to take sterner action against this crime in line with Islamic law. As the Holy Quran does not directly deal with rape crime, for this reason, there is a wide range of disagreement among jurists regarding the issue of rape crime. Rape is not a single dimension issue, therefore, this paper is meant to shed light on issues related to rape such as whether or not rape is a separate crime? When does sexual intercourse amount to rape? What does Islam prescribe punishment for a person who is coerced to commit rape? Does Islam permit abortion for raped women? Why marital rape does not exist in Islam? Whether rapists may be awarded the punishment of lashes, Imprisonment or death as t‘azir or syasah? This paper finds out what Zina (fornication) is under Islamic law because in Islamic jurisprudence only coerced Zina is regarded as rape. Thus, this paper is classifying rape in the same category as Zina. By classifying rape as a subset of Zina can only sort out the juridical issues that are emanating from coerced Zina. However, Some modern scholars put rape in a category of Hirabbah crime in order to circumvent the strict evidentiary procedure of Zina(fornication) crime. This paper depicts that there is no need to put rape in the domain of Hirabah because Islamic law permits the ruler or legislation to award punishment of lashes or death as Tazir or Syasah without waiting for the four pious Muslim male eye witness and inflicting Hadd of Qadaf(slander) to the complainant. Finally, this paper is exploring the options that may be taken in order to nip this crime in the bud.

Individualization of punishment in the context of the public’s fear of crime

The individualization of punishment is largely formalized and axiomatically limited by the normative prescriptions of the General and Special parts of the Criminal Code of the Russian Federation. Meanwhile, when assigning punishment, judges always consider all the circumstances related to the commission of a crime and the identity of the perpetrator, not to mention consideration of public opinion, social and group victimization, and the fear of the population before criminal manifestations. Unlike in Russia, the foreign criminal justice system for a long time accepts the opinion of ordinary citizens on this matter, focusing on their fears of separate crimes. Sometimes, within the framework of this system, there is a manipulation of the individualization of punishment to demonstrate a preventive effect to society. Based on the above, this article is aimed at generating a discourse on the need to study and consider victimological information in the formation of criminal law policy in general and the individualization of punishment, in particular. The statistical and sociological research methods used in the study allowed obtaining and summarizing information on the indicators of the fear of residents of Gelendzhik and Novorossiysk (2017-2018) regarding ordinary crimes; reflecting the relationship between these data and the types of punishment imposed by the courts for the commission of theft, robbery, hooliganism. Systemic synthesis and analysis allowed identifying a number of patterns in this area, and justifying them. The novelty of the article is that it represents one of the few attempts to fill the gap in scientific knowledge about the mechanism of individualization of punishment as a tool of social protection, implemented through general and private prevention and requiring consideration of political-social and ethnocultural peculiarities. The results of the study allowed to articulate proposals for optimizing the activities of federal and regional coordinating councils for the prevention of offenses.

The Phenomenon of Cultural Genocide: History and Modernity

The article is dedicated to the study of the «cultural genocide» concept as one of the forms of the genocide crime in order to establish the content of culture as the object of the genocide crime. For this, the historical legal method and the method of case study were used (in particular the practice of destroying the culture of the peoples of the Ottoman Empire. Sri Lanka and Tibet for comparison with the possibility of designating them as a crime of cultural genocide, acting as an element of the genocide crime, or as a separate crime with a meaning different from physical and biological genocide). It is concluded that cultural genocide is not a new component of the genocide crime, but an integral part of genocidal policy, and may constitute the phases of pregenocide or postgenocide or act as a separate crime requiring early warning and suppression.

Criminal liability for violation of the order of enforcement of judgments under the laws of foreign countries

The article deals with the study of foreign experience of criminal responsibility for separate crimes that infringe on the executionorder of conviction. The presence of alternative models of consolidation in the criminal laws of European countries and the norms ofresponsibility for failure to execute judicial decisions, primarily due to the national characteristics of the criminal law. Features of re -gulation of criminal responsibility for crimes against the order of execution of a judgment of conviction for which the person is sentencedto the punishment associated with the restriction of freedom in the EU member States. Determined that the norms about criminalliability for failure to execute court decisions may be presented as a single article (General rule), and in the form of several rules, whichprovide for liability for failure to enforce court decision of a particular kind, namely: 1) qualification of aiding escape from prison asseparate crimes; 2) the establishment of criminal liability for the qualified form of escape from the place of deprivation of liberty; 3) theconsolidation of criminal liability of the person who organized the escape from prison with the simultaneous involvement of the perpetratorsescape, is subject to disciplinary, and not criminal liability; 4) the establishment of criminal liability for illegal release fromplaces of detention and mitigation of the regime of serving sentences, as well as the application of more serious penalties against thesubjects of the offences against the penal system, what is the officials of the penitentiary institutions.It was determined that in some member States of the EU enshrines the criminal liability only for the qualified form of escapefrom the place of imprisonment and the liability of the person who organized this escape, and while the perpetrator of the escape, subjectto disciplinary, and not criminal liability. However, a significant proportion of the EU countries provides criminal responsibility forescaping from places of imprisonment without any other aggravating circumstances that can explain the substantial public danger ofthe crime.

Foreign experience of reglamentation of criminal responsibility for coercion to marriage

The unification of criminal legislation is the most powerful method of international law influencing on national criminal-law systems. In accordance with the comparative legal researching of the criminal liability regulation is the accumulation of law-making practice experience in counteracting of a particular crime, in our research – counteracting of coercion to wedlock. Ukraine hasn’t ratified the Council of Europe Convention on the Prevention and Combating of Violence against Women and domestic violence; Istanbul Convention (hereinafter referred to as the «Istanbul Convention») yet, but a number of its provisions have been implemented into national law. The article 37 of Istanbul convention determines a «force marriage» and determines that parties apply all legislative or other events are needed for providing of criminal responsibility of intentional behavior, that compels adult or child to marriage. European states in dominant majority determine the coercion to marriage as a separate crime. In this context, national criminal law concerning forced marriage is assessed to be fully consistent with current trends of criminal legal protection rights, individual freedom and marriage and family relations in accordance with the criminal law of foreign countries and international treaties (e.x. Istanbul Convention)). There are two positions of coercion to marriage singled out in foreign countries legislation: as an attack on personal freedom (Norway, Germany, Switzerland, Sweden, Denmark, the Netherlands, France, Spain, Austria) and as an attack on marriage and family relations (Bulgaria, Belgium, Montenegro, Serbia). According to criminal law of Belgium, Austria, Sweden and Ukraine the responsibility for coercion cohabitation is provided, besides coercion to marry. Switzerland, legislator singles out a special form of coexistence – forced registration to same-sex partnership. The use of violence and threats of violence are typical and alternative methods of coercion to marriage. However, there are some exceptions as: forced marriage under the threat of breach or termination of family relationships with family members; threat of slander and use of direct slander. According to Article 151-2 of Ukrainian Criminal Code «coercion» is a crime-forming feature, which is determined by a socially dangerous and unlawful act. Forming a criminal law prohibiting of forced marriage, Ukrainian legislator doesn’t follow the list of socially dangerous methods, leaving the interpretation of this issue for law enforcement practice. In regard to the issue of punishment for coercion to marriage European legislators have unequivocal position and determine the punishment in the form of imprisonment. Appropriate legislative experience of the foreign countries should be borrowed in order to harmonize of the national coercion marriage legislation. We recognize that it is expedient to define a fine as a compulsory additional penalty for coercion, in view of sentencing courts practice. Key words: coercion to marriage, coercion to enter dormitories, criminal liability, crimes against freedom, honor and dignity of a person.

КРИМІНАЛЬНА ВІДПОВІДАЛЬНІСТЬ ЗА ПОСЕРЕДНИЦТВО У КОРУПЦІЙНИХ ЗЛОЧИНАХ

Стаття присвячена питанням кримінальної відповідальності за посередництво у вчиненні корупційних злочинів. Досліджено історичні етапи запровадження кримінальної відповідальності за посередництво у корупційних правопорушеннях. Наголошено на сучасному стані наукових досліджень питання повернення кримінальної відповідальності за посередництво у корупційних правопорушеннях до кримінального законодавства. Наголошено, що протидія корупційним злочинам неможлива без глибокого та послідовного наукового забезпечення, передусім без об’єктивного аналізу факторів що породжують явище корупційних правопорушень та реальної оцінки здійснюваних превентивних заходів. Зазначено, що з позицій історичної кримінально-правової традиції категорія «посередництва» у вчиненні корупційних злочинів завжди виступала «традиційним» елементом системи кримінально-правових відносин. Історичне надбання національної практики та доктринальні положення науки кримінального права доводять доцільність відновлення кримінальної відповідальності за посередництво у корупційних злочинах.Структура правової норми, яка повинна передбачати кримінальну відповідальність за вчинення злочину «посередництво в корупційних злочинах» як окремого складу злочину має включати такі протиправні діяння посередника, як «підшуковування осіб зацікавлених в переданні або отриманні неправомірної вигоди, веденні з цією метою переговорів, фактичної передачи предмета неправомірної вигоди від олнієї особи до іншої».Техніко-юридичне моделювання такого складу злочину має включати як відповідальність загального суб’єкта та спеціального суб’єкта злочину (у тому числі вчинення такого злочину іноземних державним службовцем, або особою яка виконує публічно-правові управлінські функції). З позицій суб’єктивної сторони цей злочин вчиняється винятково з прямим умислом, і може вважатися завершеним з моменту оголошення пропозиції посередника корупційного правопорушення.