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Journal articles on the topic 'Criminal Evidences'
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1
KNYZHENKO, OKSANA. "Criminal Responsibility for Deliberately Incorrect Evidences." Journal of the National Prosecution Academy of Ukraine 2018, no. 1 (January 30, 2018): 57–61. http://dx.doi.org/10.34285/visnyknapu2018.53.057.
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Suyoung, Kim. "Use of Scientific Evidences in criminal case." Korean Journal of Medicine and Law 24, no. 2 (December 31, 2016): 123. http://dx.doi.org/10.17215/kaml.2016.12.24.2.123.
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Abraham, William, and Hery Firmansyah. "Analisis Pembuktian Alat Bukti Closed Circuit Television (CCTV) Sebagai Alat Bukti Petunjuk." Jurnal Hukum Adigama 1, no. 2 (December 17, 2018): 153. http://dx.doi.org/10.24912/adigama.v1i2.2741.
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Process of proofing is one of the most important in the trial. In the process of proofing, someone could be determined as defendant or not by relating the facts that happened with the available evidence in the trial. Process of proofing refers to Criminal Code Procedure Article 183 which about need minimum of 2 (two) valid evidence and to get Judge’s conviction and also refers to Criminal Code Procedure Article 184 which about valid evidence that can use in the trial. Along with the current development that continuously evolving, there is evidences outside of Criminal Code Procedure. Closed Circuit Television is one of many evidences that arranged in Law of Republic Indonesia Number 11 of 2008 concerning Information and Electronic Transaction. Now, Closed Circuit Television often used in trial to give more explanation about unclear facts to make it clear. But, to use Closed Circuit Television as evidence, it needs related to Criminal Code Procedure Article 188. To be able used as valid evidence Closed Circuit Television need to has correlation between facts in the trial and Closed Circuit Television itself
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Sah, Andrian, Imam Riadi, and Yudi Prayudi. "DETEKSI BUKTI DIGITAL ONLINE GAMBLING MENGGUNAKAN LIVE FORENSIK PADA SMARTPHONE BERBASIS ANDROID." Cyber Security dan Forensik Digital 1, no. 1 (July 3, 2018): 14–19. http://dx.doi.org/10.14421/csecurity.2018.1.1.1237.
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Internet as media to do political movement. Since that, the Indonesian people understand internet-based activities until this current progress. Use of internet in Indonesia most frequently utilize units to access internet, namely, handphone, laptop/notebook, Personal Computer (PC), and tablet. Media used to access internet include mobile (47.6%), computer (1.7%) and both (50.7%). Use of internet increases so that criminal action rate is higher; for example, online gambling. In general, online gambling is done using smartphone. However, today smartphone can load more than one type of online gambling. So speedy progress of online gambling must contain criminal action. Criminal action is taken by involving smartphone having online gambling with impact on challenge to prove digital evidences and analyze it. Online gambling is a crime or criminal action being social problems resulting in negative impacts such as morale and mental disorders in society, especially young generation. Questions asked in this study are how to find characteristic of online gambling and digital evidences available to smartphone. This study focuses on characteristic and digital evidences in smartphone based on facts found in thing of evidence. Based on results of study, we found some types of online gambling in smartphone. Characteristic and digital evidences found in smartphone were found by using forensic media, namely, XRY. Forensic media of XRY were used to find thing of digital evidence in smartphone, such as, ID, Password and transaction of online gambling via social applications.
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Aḥmad, Mushtaq. "Procedure of Circumstantial Evidences in Islamic Criminal Law." Journal of Islamic and Religious Studies 4, no. 2 (December 30, 2019): 67–83. http://dx.doi.org/10.36476/jirs.4:2.12.2019.04.
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Baumard, Nicolas. "The restorative logic of punishment: Another argument in favor of weak selection." Behavioral and Brain Sciences 35, no. 1 (January 31, 2012): 17–18. http://dx.doi.org/10.1017/s0140525x11001166.
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AbstractStrong reciprocity theorists claim that punishment has evolved to promote the good of the group and to deter cheating. By contrast, weak reciprocity suggests that punishment aims to restore justice (i.e., reciprocity) between the criminal and his victim. Experimental evidences as well as field observations suggest that humans punish criminals to restore fairness rather than to support group cooperation.
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Cherdantsev, A. Yu. "Concept of Digital Evidence, Current Status and Its Role in the Evidentiary Process." Juridical Science and Practice 15, no. 4 (2020): 55–60. http://dx.doi.org/10.25205/2542-0410-2019-15-4-55-60.
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The article analyzes the international current state of the concept of digital evidence, its meaning, types and role in the process of proving in criminal cases in the practical activities of the preliminary investigation bodies of the Russian Federation, considers some problems arising in law enforcement practice, suggests the author's classification of modern digital traces, studies and compares international practice governing the practical application of digital evidence, their concept and content. The problem of gaps in the legal regulation of digital evidence is considered, as well as the possibility of introducing amendments to the current legislation concerning the legal recognition of digital evidence along with traditional types of evidence, as well as the regulation of the use of digital evidence in criminal proceedings, and a proposal is made to introduce a number of amendments to the current legislation of the Russian Federation, where it is necessary to secure definitions of digital evidence, thus legalizing it, stating in the following re At the same time, it is noted that there is no need to introduce a separate article to regulate digital (electronic) evidences, because it is rather difficult to determine the volume of digital (electronic) evidences (digital criminally significant information), at least because there is no unanimity in this respect and there was no unanimity, besides, due to the dynamic development of electronics, including personal ones, this norm quickly lost its relevance and required amendments, creating a certain gap in legal regulation, which is more complicated.
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Khanmammadova, Liza. "Material evidences in a system of criminal procedural proving." Juridical Sciences and Education 47, no. 47 (July 7, 2016): 152–63. http://dx.doi.org/10.25108/2304-1730-1749.iolr.2016.47.138-163.
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CHITTA DEWI, NI MADE YULIA, A. A. Sagung Laksmi Dewi, and Luh Putu Suryani. "Asas Unus Testis Nullus Testis dalam Tindak Pidana Pemerkosaan Anak." Jurnal Konstruksi Hukum 2, no. 1 (March 1, 2021): 191–95. http://dx.doi.org/10.22225/jkh.2.1.2993.191-195.
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Proving a rape crime against children shall have valid evidences. The proof aims to find the truth material in order to prove whether the perpetrator was guilty or not. Even though in proving a rape crime, the judges considered that there is only one valid testimony from the witness yet the other evidences are not support it, it is clear that it would be considered by the judges which could effected the judge’s decision. There are two issues that will be discussed in this thesis, firstly regarding the unus testis nulus testis principle in rape criminals of children and the proof of rape crime against children by using one witness (unus testis nullus testis). The methods of this research used are normative approach and conceptual approach. The witness’ testimony in the hearing process is the main evidence as the judge’s considerations. In the criminal procedure law, the evidentiary process is required by means of presenting witnesses and by the support of other evidence. Regarding of this rape crime against children, besides using testimony from the witness, it is necessary to support other evidence such as the results of visum et repertum which is useful to prove that a crime has occurred. When there only one valid testimony from the witness, it must be followed by other valid evidence to strengthen the witness’s statement. Therefore, if there is only have one supported witness’s testimony to prove a rape crime against children it could not prove the criminal was occur.
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Iskеnderov, E. F. "Concept and classification criminal procedural guaranties of party accused as subject of proof during the investigative (search) actions in the pre-trial investigation." Herald of criminal justice, no. 3 (2019): 8–19. http://dx.doi.org/10.17721/2413-5372.2019.3/8-19.
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The criminal procedural guaranties of party accused as subject of proof during the investigative (search) actions in the pre-trial investigation is one of the important condition for effective proof in the criminal proceed and ensuring the rights, liberties and personal legal interests in pre-trial investigation. The right determining that’s concept and allocation of scientific thought is essential for the future development of theory of criminal procedural proof and improvement the practice work party accused. In the article the author has an object to determine concept and formulate classification criminal procedural guaranties of party accused as subject of proof during the investigative (search) actions in the pre-trial investigation. Based on the results of the analysis which are dedicated to the investigative (search) actions questions, provisions of the current legislation of Ukraine, results of practice employees survey, was researching concept of investigative (search) actions as a means of criminal procedural proof. Attention is drawn that the investigative (search) actions are conducted for the purpose of search, searching, finding, removing and fixing factual data and information about their sources for tacking evidences in criminal proceed or verification of evidence already received and searching people. It`s concluded that criminal procedural guaranties of party accused as subject of proof during the investigative (search) actions in the pre-trial investigation is condition which regulated by criminal procedural legislation which ensure the application by the party assured in the pre-trial investigation measures, which consist of a set of searching, cognitive and indication receptions, which conducted by authorized criminal procedural law subject`s in the determining for each order for the purpose of searching finding, removing and fixing factual data and information about their sources for tacking evidences in criminal proceed or verification of evidence already received and searching people. In the article indication the author`s position about classification criminal procedural guaranties of party accused as subject of proof during the investigative (search) actions in the pre-trial investigation which has not only science-methodology means but practice means for future develop the theoretical, legal and praxeology principles for realization criminal procedural guaranties of party accused as subject of proof.
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Stojković, Vesna. "Illegal evidence in the criminal procedure: Statement of the accused and technical records of facts." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 579–89. http://dx.doi.org/10.5937/gakv0611579s.
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The most important action of the criminal court is presentation of evidence and it may be undertaken during the whole criminal procedure. This was the main reason why this court action was placed in the part of the new Criminal Procedural Law of Montenegro related to general issues, instead of placing it in the part with investigation like in earlier solutions. The reasons for those changes as well as for repeal of some previous solutions/articles of the Criminal Procedural Law, in accordance with which some illegally presented evidences could have been used in the criminal procedure even for rendering the final court decision, were based on the fact that it was necessary to implement some solutions from modern criminal procedural law of the European countries as well as to implement relevant solutions from European Declaration on Human Rights, in order to improve human rights and to reach European human right standards. Therefore, all illegal evidence cannot be used anymore in rendering court decisions, have to be excluded from the case file and to be used never again under any circumstances. This paper pays special attention to the statement of the accused and technical records (audio-video) of criminal facts, which are the two most important sources of illegal evidence.
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Erliyani, Rahmida, M. Hadin Muhjad, and Muhammad Amin. "EXISTENCE OF SCIENTIFIC EVIDENCE IN EVIDENTIARY LAW." Economics & Law 3, no. 1 (May 30, 2021): 64–76. http://dx.doi.org/10.37708/el.swu.v3i1.5.
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Environmental cases are often decided by decision of exemption because the evidence is scientific. The Criminal Procedure Code (KUHP) still adheres to conventional evidence. The judge did not receive scientific evidence. Even though, the environmental cases will not be completed without scientific evidence. Normative legal research methods are used, because scientific evidence is contained in laws and regulations including the Criminal Procedure Code. Legal materials collected were analysed to answer the problem. Legal analysis of norm obscurity is carried out by law interpretation while legal vacancies are carried out by legal construction or rechtsvinding. The results showed that environmental cases in the form of pollution and environmental damage were only proven by scientific evidence, which was an extension of evidence in the Criminal Procedure Code, which had an impact on the procedural Burden of Proof, namely the position of evidence. Scientific evidence does not stand alone but follows one of the legitimate evidences, namely expert information or proof of evidence or evidence.
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Vadlamudi, Divya, Dr K. Thirupathi Rao, Pellakuri Vidyullatha, and B. AjasekharReddy. "Analysis on digital forensics challenges and anti-forensics techniques in cloud computing." International Journal of Engineering & Technology 7, no. 2.7 (March 18, 2018): 1072. http://dx.doi.org/10.14419/ijet.v7i2.7.12230.
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In the modern life, there is a rapid increase in the usage of the technology. One reason of increasing the technology is usage of cloud. The mobile devices or any other technological devices mainly depend on cloud. The cloud can be accessible from anywhere. Cloud forensic process had introduced to help the investigators to find the evidence when the criminal attacks the cloud and to maintain the integrity and security for the data stored in the cloud. The increasing in the criminal attacks in cloud, made the investigators to find the latest methods for the forensic investigation process. Similarly in the same way the criminals also discover new ways to hide the source of evidences. This causes damage to the investigation process and is called anti-forensics. To hide the sources anti-forensic techniques are used and research must be done against the anti-forensics techniques in cloud environment. In this paper we focused mainly on detailed study on various challenges in cloud forensic and anti-forensic techniques.
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Alsayyed, Essameldeen A., and Essameldeen A. Alsayyed. "Brain Fingerprinting as an Evidence of Criminal Guilt." Arab Journal for Security Studies 35, no. 2 (August 20, 2019): 291–304. http://dx.doi.org/10.26735/16588428.2019.020.
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Criminal proof and crime detection are the most important issues that receive the attention of criminal investigation officials, aggrieved parties, and the judiciary. It requires a strong evidence of crime perpetration to be attributed to the criminal. No truth can be established without an evidence. The perpetration of crimes, especially terrorist crimes, has witnessed great development. Accordingly, there is a severe need for using advanced scientific techniques to establish guilt. These techniques should be based on carefully studied scientific evidences. Brain Fingerprinting, the subject of this study, is one such advanced technique. It is defined as: “A method for interpreting the electric signals made by a human brain when seeing some pictures of information related to a crime or event”. The brain sends waves and signals related to the crime contained in the human memory. These waves and signals are recorded and analyzed when restoring such information through a computer. They are given the code (p300).
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Shara, Desi Wilma, Nikita Rizky Amelia, and Buana Raja Manalu. "Peranan Visum Et Repertum dalam Proses Pembuktian Perkara Pidana Penganiayaan Biasa yang Mengakibatkan Kematian (Putusan Nomor: 3490/Pid.B/2015/Pn.Mdn)." JURNAL MERCATORIA 12, no. 1 (June 25, 2019): 1. http://dx.doi.org/10.31289/mercatoria.v12i1.2353.
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The investigation of a criminal offence case in the court generally is to find out the material real truth from a criminal offence case.The effort from the legal side (state enforcers) is to get evidences from a case processed.In criminal case investigations should have an evidence that strongly appoints the fault of the suspect. A persecution case needs an expert description to strenghten the persecution case and to be reported into Visum Et Repertum whether the persecution effects is afterwards deaths (ie hospital) or murder.This research is based on court case number 3490/Pid.b/PN.Mdn.The purposes of the research is to find out the causes of persecution occurences and to know what is the role of the Visum Et Repertum in proofing the persecution case that caused the death.
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BURGANOVA, G. V. "USING OF ELECTRONIC DOCUMENTS AS EVIDENCES IN CRIMINAL AND CIVIL PROCEDURE." Herald of Civil Procedure 9, no. 1 (March 18, 2019): 354–61. http://dx.doi.org/10.24031/2226-0781-2019-9-1-354-361.
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Zhu, Jianlin, Xiaoping Yang, and Jing Zhou. "CDMBE: A Case Description Model Based on Evidence." Computational Intelligence and Neuroscience 2015 (2015): 1–7. http://dx.doi.org/10.1155/2015/470818.
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By combining the advantages of argument map and Bayesian network, a case description model based on evidence (CDMBE), which is suitable to continental law system, is proposed to describe the criminal cases. The logic of the model adopts the credibility logical reason and gets evidence-based reasoning quantitatively based on evidences. In order to consist with practical inference rules, five types of relationship and a set of rules are defined to calculate the credibility of assumptions based on the credibility and supportability of the related evidences. Experiments show that the model can get users’ ideas into a figure and the results calculated from CDMBE are in line with those from Bayesian model.
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Suslov, A. B. "POST-WAR CRIMINAL PROSECUTION OF COLLABORATIONISTS IN THE MOLOTOV REGION: TO THE ASSESSMENT OF IMPUTATIONS’ VALIDITY." Вестник Пермского университета. История, no. 3(50) (2020): 109–17. http://dx.doi.org/10.17072/2219-3111-2020-3-109-117.
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The paper is aimed at examining criminal prosecution of the collaborationists, which is one of the most important activities of the post-war Soviet state security bodies. The research is based on the files of state security bodies in the Molotov region. In historiography, the issue is in general explored. Particularly, some papers describe well the evolution of legislative environment for criminal justice and penal sanctions for collaborationism. However, scholars, as a rule, do not verify information that can be found in official documents. Therefore, the author focuses mainly on the opportunities of using the investigations’ files as sources for the assessment of validity of imputations of collaborationism. The source analysis shows that, in general, a style of the significant part of accused persons’ evidences which can be found in the records of interrogations, bills of indictment, and other materials of the studied trials, shows an adequate representation of the most part of events. The author demonstrates that the state security bodies of Molotov region did an important work for the state and society, disclosing collaborationists and initiating criminal prosecution against them. They did a large-scale and intensive work to identify the criminals and prove their guilt. The analysis of declassified documents of investigation bodies and tribunals lets the author to conclude that a large part of those evidences are persuasive. However, the ability to extend the research results to the activity of the state security service as a whole depends on whether historians would have the opportunity for studying all the doc- Уголовное преследование … 117 uments of the Soviet state security service of the war and post-war period dealing with the trials against collaborationists
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Silva, Iaslan, João Marcos do Valle, Gabriel Souza, Jaine Budke, Daniel Araújo, Bruno Carvalho, Nélio Cacho, Henrique Sales, Frederico Lopes, and Rivaldo Silva Júnior. "Using micro-services and artificial intelligence to analyze images in criminal evidences." Forensic Science International: Digital Investigation 37 (July 2021): 301197. http://dx.doi.org/10.1016/j.fsidi.2021.301197.
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Leka, Adrian. "Assurance of Evidence." Academic Journal of Interdisciplinary Studies 6, s2 (July 1, 2017): 69–73. http://dx.doi.org/10.2478/ajis-2018-0029.
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Abstract This paper reflects the detailed theoretical and interpretative treatments of criminal evidence and the process of proving according to criminal procedural legislation, based on the Constitution and E.C.H.R. Theoretical and interpretive depeened treatments, are based on the scientific research closely connected to the judicial practice of the implementation of this legislation, the positions held by judicial practice. Special attention is paid to all criminal evidence, meaning, object, features, procedural rules of receiving, verification and evaluation of them throughout the penal process, the rights and obligations of the parties in this process. The implementation of legal provisions onto evidence, evidence search tools and the process of proving, by procedural subjects in judicial practice has recognized and shown the most important issues in relation to other instutitutet of criminal procedural law. The terminology used in this paper is supported and conditioned by the terminology used by the legislator in dispositions of the Criminal Procedure Code. Provision of proof is a relatively new institute in the criminal proceedings. It first became known in the procedure code of 1995, in order to preserve the value of the data found during the preliminary investigation. Providing of proof would be applied in all those cases where evidence risks to be damaged, disappear, et lost and receiving it can not be deferred until the trial. Regarding to the relevant literature in Albanian language, only few authors have mentioned it sporadically, not emphasizing the real importance of evidence assurance institute. Even in the commentary of criminal proceedings this institute is dealt with very little, in summary, if we refer to its importance. Assurance of proof is provided in the Criminal Procedure Code in Articles 316-322. In these provisions is expressed the whole procedure of securing evidence, from the definition of specific cases in which it might apply (Article 316 Criminal Procedure Code), continuing with the presentation of evidence and the application for evidence assurance and subjects legitimized in its appearance (Articles 317,319 Criminal Procedure Code), as well as the right of the court in disposition of this requirement. An important element to be treated is to determine the scope of the institute of evidence assurance. Often in practice it is said that the demand for evidence assurance, is applied more in criminal offenses smuggling of women for sexual exploitation, trafficking of minors for other exploitation purposes, sexual relations with minors etc. In this paper is also treated the evidence assurance institute as well as that of the research means of evidence, these institutions closely linked to criminal trials and the process of proving. Of the most important institutes of criminal procedural law is that of "criminal evidence and proving process" which is rightly considered as the backbone institute of this right. The importance of criminal evidences and the process of proving is determined by the purpose itself and content of the criminal legislation. These institutes are directly related to the content and task of this science, to what is the process of detecting and proving the truth in criminal trials. While acknowledging the special place it occupies the evidence assurance institute it is not yet determined its importance really. In this brief theoretical material, I tried to treat through a slightly wider framework assurance of evidence focusing on its importance, theoretical and practical problems in determining the scope of these institutes.
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Лапшин, Валерий, and Valeriy Lapshin. "General characteristic of the objective features of the components of crimes, committing against the interests of investors." Advances in Law Studies 1, no. 4 (September 1, 2013): 224–27. http://dx.doi.org/10.12737/986.
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The article presents the legal reasoning of separating a new isolated group among the crimes in the sphere of economic activity (chapter 22 of the Criminal Code) — crimes against the interests of investors. It is suggested the author’s characterization of the legally significant features of the object and the objective side of the components of crimes of the marked group. Besides, the article contains evidences of some shortcomings of the legislative technique of construction of majority of criminal norms, providing for responsibility for breach of the interests of investors (art. 185–185.6 of the Criminal Code).
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Wandari, Vika Ayu. "Keterangan Ahli Warga Negara Asing dalam Peradilan Pidana di Indonesia." Lentera Hukum 5, no. 1 (May 7, 2018): 89. http://dx.doi.org/10.19184/ejlh.v5i1.6743.
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Proof plays an important role in the process of adjudication in the trial process. In the criminal process, proof requires the attendance of an expert, particularly when it deals with an expert from abroad to provide statements in the courts. This paper aims to show the importance of evidences in the Indonesian criminal law procedure in which the statement to be delivered by an expert from abroad. It will discuss the importance of expert’s statement from foreign citizen to help judges in the criminal justice system of Indonesia. To judges, the statement of an expert has a power characterised as free and non-binding evidence by which the judgement fully depends upon judges’ conviction. While a foreign citizen arrives in Indonesia designated as an expert to provide witness in the trial process in which he/she does not hold visa, judges cannot dispute his/her absence of visa , but they are only given a power to consider the statement of such expert. With regard to visa, it is not the responsible of judges or the court, but the Immigration Bureau.
Keywords: Proof, Evidence, Statement of Expert
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Titov, Pavel. "criminal trial, criminal prosecution, private prosecution, counter claim, connection of statements, private accuser, defendant." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2019, no. 4 (December 25, 2019): 146–52. http://dx.doi.org/10.35750/2071-8284-2019-4-146-152.
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Introduction. In the presented article problems of acceptance and permission of counter claims for private prosecution are investigated. The matters in details were not considered in science of criminal procedure therefore have numerous gaps. Purpose. The purpose of article is formulation of legal essence of the counter claim and development of optimum theoretical model of permission of the counter claim along with initial one. Methodology. Article is based on the dialectic-materialistic method assuming studying of issues in total and an interconnection. Also special methods were applied: synthesis and analysis, induction and deduction, legallistic. Results. In article the standards of the criminal procedure law regulating an order of consideration and permission of counter claims are analyzed. Criteria of admissibility of connection of the counter claim with initial one are elaborated: indissoluble communication of the facts of reality and impossibility of the isolated research of the circumstances which are subject to proof. Offers on investment with the procedural status of participants of the trial are formulated. Authors of initial and counter statements have to be allocated at the same time with the statuses of the private accuser and defendant, investigative actions with them have to be made in the status of the defendant, without a warning of a criminal liability for standing mute and making obviously untruthful evidences.
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Petrić, Branko. "Serbian judiciary in the early XIX Century." Glasnik Advokatske komore Vojvodine 76, no. 9 (2004): 294–305. http://dx.doi.org/10.5937/gakv0408294p.
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The author shows that four periods may be identified within the history of development of Serbia judiciary in the early XIX century: period of the First Serbian Uprising (1804-1813); time of Turkish reoccupation (1813-1815) period of Duke Miloš Obrenović's first reign (1815-1839); and the period between 1840-1850. With full obedience of historical facts, the article identifies the first magistrates and their competences, legal resources evidences used in criminal and civil procedure, kinds of criminal acts and penalties, civil and property rights and certainty.
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D Sulolipu, Andi Irriana. "ANALISIS TINDAK PIDANA PENGANCAMAN MELALUI PESAN SINGKAT." Al-Ishlah : Jurnal Ilmiah Hukum 22, no. 1 (May 1, 2019): 45–52. http://dx.doi.org/10.33096/aijih.v21i1.26.
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Proof of criminal offense through short message service based on at least 2 evidences plus judge's confidence. Legal evidence can be in the form of witness statements, expert information, letters, instructions and explanations of defendants and information / electronic documents as an extension of evidence in the provisions of the ITE Law, while the print is an extension of documentary evidence in the Criminal Code. Therefore, the elements to be met, ie intentionally, without rights, transmit, the object of Electronic Information and / or electronic documents containing threats of violence or intimidating personally addressed.
AbstrakBukti tindak pidana melalui layanan pesan singkat berdasarkan setidaknya 2 bukti ditambah keyakinan hakim. Bukti hukum dapat berupa pernyataan saksi, informasi ahli, surat, instruksi dan penjelasan terdakwa dan informasi / dokumen elektronik sebagai perpanjangan bukti dalam ketentuan UU ITE, sedangkan cetakan adalah perpanjangan dari bukti dokumenter dalam Kode kriminal. Oleh karena itu, unsur-unsur yang harus dipenuhi, yaitu sengaja, tanpa hak, mentransmisikan, objek Informasi Elektronik dan / atau dokumen elektronik yang mengandung ancaman kekerasan atau intimidasi yang ditujukan secara pribadi.
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D Sulolipu, Andi Irriana. "ANALISIS TINDAK PIDANA PENGANCAMAN MELALUI PESAN SINGKAT." Al-Ishlah : Jurnal Ilmiah Hukum 22, no. 1 (May 1, 2019): 45–52. http://dx.doi.org/10.33096/aijih.v22i1.26.
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Proof of criminal offense through short message service based on at least 2 evidences plus judge's confidence. Legal evidence can be in the form of witness statements, expert information, letters, instructions and explanations of defendants and information / electronic documents as an extension of evidence in the provisions of the ITE Law, while the print is an extension of documentary evidence in the Criminal Code. Therefore, the elements to be met, ie intentionally, without rights, transmit, the object of Electronic Information and / or electronic documents containing threats of violence or intimidating personally addressed.
AbstrakBukti tindak pidana melalui layanan pesan singkat berdasarkan setidaknya 2 bukti ditambah keyakinan hakim. Bukti hukum dapat berupa pernyataan saksi, informasi ahli, surat, instruksi dan penjelasan terdakwa dan informasi / dokumen elektronik sebagai perpanjangan bukti dalam ketentuan UU ITE, sedangkan cetakan adalah perpanjangan dari bukti dokumenter dalam Kode kriminal. Oleh karena itu, unsur-unsur yang harus dipenuhi, yaitu sengaja, tanpa hak, mentransmisikan, objek Informasi Elektronik dan / atau dokumen elektronik yang mengandung ancaman kekerasan atau intimidasi yang ditujukan secara pribadi.
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Pylypchuk, O. "The procedure of defines the volume of evidence in the court of first instance and the system of their research." Herald of criminal justice, no. 4 (2019): 174–84. http://dx.doi.org/10.17721/2413-5372.2019.4/174-184.
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The article focuses on the problem of defines the volume of evidence to be research and the system of their researching in the court of first instance including those evidence that arising in connection with changing dated 04.10/2019 in the Criminal procedural Code of Ukraine. The purpose of the article is to analyze the legislation and propose ways to improve current legislation in order to optimize procedures aimed at planning the research of evidence in the court of first instance. The current the Criminal procedural Code of Ukraine assumes that the amount of evidence to be research, the court receives not in the form of protocols, of proprietary evidence or other materials, and with a application speech, which is proclaimed by the parties at the beginning of the court session. Introductory speech is the first information that builds a court views about evidences, through which the parties intend to substantiate the substitution of their legal positions concerning the prosecution, their affiliation, admissibility and sufficiency, order of their research into Court hearings, as well as the content of other legal positions of the parties in this proceeding. During the proclamation of the application speeches, the parties cite the amount of evidence on which their position is built, after which the court must investigate the evidence submitted by them. To construct a structural and logical study of evidence, a necessary plan for such a study and establish the evidence study procedure. Under the concept of 'evidence research ' procedure, it is proposed to understand a certain sequence and order of of actions that will depend on a particular criminal proceeding. In the study of evidence, the court should consider the specifics of the proceeding; Specifics of the evidence submitted by the Parties; Focus how long it takes to study the submitted evidence. If a party raises a question about inadmissibility evidence, such doubt should be in writing decorated with appropriate evidence. A party that opposes such a written application shall refute such a statement by submitting the court its arguments. In the article analyses questions about inadmissibility evidence and making a propose to introduction procedure to recognition evidences how inadmissibility. In the presence of a substantiated position of rejection in the acceptance of evidence, the party may in writing argue about the recognition of such evidence invalid.
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Селина, Елена, and Elena Selina. "The Right to Defense in Criminal Proceedings." Journal of Russian Law 4, no. 9 (August 29, 2016): 0. http://dx.doi.org/10.12737/21226.
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Analyzed in this article is the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 29 dated 30 June 2015 “On the practice of courts of law, ensuring the right to defense in criminal proceedings”. The new feature of the defendant is determined – statement of the court procedure to the temporary absent or remote defendant. It is proved that in Article 73 of the Code of Criminal Procedure, with the obvious desire of the legislator to include in the subject of proving the circumstances established in the protection contains no direct reference to the non-participation of a person to commit a crime. Epistemologically, self-confidence as the lack of evidences is not accepted as a direct proof. Indirectly, alibi is the fact that the accused person was in the other place when the crime had been committed, indicates the innocence or alias (physical disconnect of the accused person and the real person who committed the crime), or alter (physical disconnect of the accused person and the mechanism of committing the crime). It is proved that the application of these and other arguments in favor of the accused should result in their including in disprove.
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Budaházi, Árpád. "Personal and material evidences in criminal procedure, with particular attention to road traffic crashes." Studia Universitatis Babeş-Bolyai Iurisprudentia 62, no. 2 (June 15, 2017): 57–63. http://dx.doi.org/10.24193/subbiur.62(2017).2.5.
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Nedilko, Bohdan. "MODELS OF EVALUATION OF EVIDENCES IN THE CASE-LAW OF THE INTERNATIONAL CRIMINAL COURT." European Political and Law Discourse 8, no. 1 (2021): 78–85. http://dx.doi.org/10.46340/eppd.2021.8.1.12.
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Hajdari, Azem. "Mutual Obligations of Parties in Criminal Proceedings-The Context of Kosovo." Asian Journal of Social Science Studies 2, no. 1 (November 15, 2016): 83. http://dx.doi.org/10.20849/ajsss.v2i1.113.
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In Kosovo criminal procedure the position to be a party have the state prosecutor, defendant, and injured party. They have separate roles and clearly defined authorizations, which are linked to their procedural position. In order to achieve a fair and lawful trial, legislator gave them also several obligations which they have to fulfill to each other. Their mutual obligations mostly have to deal with the exchange of evidences, acquaintance with names of witnesses that shall be proposed to main trial, the aim of presenting an alibi etc. The importance of performing on time such obligations is diverse. This approach affects in increasing criminal-procedural efficiency, thorough resolution of a case, respect of human rights in criminal procedure etc. During the preparation of this article I have used dogmatic-legal and comparative methods as well as I have used relevant professional literature.
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Halmosné Siket, Zsuzsanna. "Az igazságügyi szakértői tevékenység az állami szerepvállalás tükrében." Debreceni Jogi Műhely 13, no. 1-2 (July 31, 2016): 27–41. http://dx.doi.org/10.24169/djm/2016/1-2/3.
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This is an essay about the connection between the judicial experts and the public sector. The expert opinion has a special role in the system of the envindeces in the criminal procedure. The expert opinion as a kind of evidence has a short history in the criminal procedure, because this evidence is the product of the new age. The second difference from the other evidences that the judicial expert needs a special quality, and because of this cause the law rules controls who has premitted to become expert and make expert opinion. The Criminal Procedure Act controls when should and when must delegate a judicial expert the criminal procedure. Consequently the state has a main role in connection with the activity of the experts by the law rules.
In the first part I show the short history of the appearance of the expert opinion in the criminal procedure.
In the second part I show the main law rules in connection with the judicial experts, and I write about the expert chambers, the list of experts, and the professional institutes and corporations.
The third part is about the fees and taxes in connection with the judicial experts. In this part I show the problems about who have to pay the fees in the end of the criminal procedure. The acitvity of the judicial expert is always expensive, so the expeneses can grow quickly. If the accused is acquited the expense will stay in encumbrance of the state, and if the accused is convicted, the accused will have to pay the expenses. So this expenses are enourmous encumbrances for everyone. This problem has waited solution yet. Reduction of costs or hunting out justice ? Sometimes very hard to decide, which one is the better. The judicial experts also work in the private sector. The competition of the judicial experts is big in the private sector, and this phenomenon is influences the private prices.
The end of the essay is a summary which contains my main conclusions.
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Verhoeven, Gerrit. "Fashionably late? Time, work and the industrious revolution in early modern Antwerp (1585–1795)." Continuity and Change 35, no. 3 (December 2020): 255–79. http://dx.doi.org/10.1017/s0268416020000260.
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AbstractDrawing evidence from the proceedings of the Antwerp hoogere Vierschaer (the local criminal court), the article challenges some key features from Jan de Vries’ hypothesis of the Industrious Revolution. Mesmerised by an endless variety of fashionable and exotic consumer goods, eighteenth-century people would have slashed their leisure time in a variety of ways. Labour input would have been forced up on a daily, weekly and annual base. However, time-budget analysis of Antwerp labour rhythms evidences a much more complex picture, which does not really hint at an industrious revolution but rather reveals invariable industriousness.
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Ковальчук, С. О. "ЄВРОПЕЙСЬКІ ПРАВОВІ СТАНДАРТИ ПОДАННЯ, ДОСЛІДЖЕННЯ, ОЦІНЮВАННЯ Й ВИКОРИСТАННЯ РЕЧОВИХ ДОКАЗІВ ПІД ЧАС КРИМІНАЛЬНОГО ПРОВАДЖЕННЯ." Наукові праці Національного університету “Одеська юридична академія” 15 (May 30, 2019): 200–210. http://dx.doi.org/10.32837/npnuola.v15i0.376.
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Стаття присвячена визначенню напрацьованих ЄСПЛ правових стандартів щодо подання, дослідження, оцінювання й використання речових доказів у кримінальному провадженні. З урахуванням динамічного підходу ЄСПЛ до визначення «несправедливо отриманих» доказів аналізуються його правові позиції щодо дотримання гарантій справедливого судового розгляду, закріплених ст. 6 Конвенції.
The article is dedicated to the consideration of the European legal standards for submission, research, assessment and use of material evidences in criminal proceedings, established by the ECHR. Considering the dynamic approach of the ECHR to "unfair received" evidence reviewed, its legal positions relatively compliance of the fair trial guarantees, enshrined in art. 6 of the Convention, analyzes.
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Avdeeva, G. "PROBLEMS OF THE IMPLEMENTATION OF THE RIGHTS OF CRIMINAL PROCEDURE PARTICIPANTS ON THE USE OF SPECIAL KNOWLEDGE IN THE CONDITIONS OF COMPETITIVE CRIMINAL PROCEDURE." Criminalistics and Forensics, no. 64 (May 7, 2019): 223–32. http://dx.doi.org/10.33994/kndise.2019.64.19.
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А competition between the criminal procedure parties and equality rights in presentation their evidences to the court, the availability of accused right to defense himself are among the basic principles of legal procedure in Ukraine. Despite the fact that in Art. 22 of the Criminal Procedure Code of Ukraine states that «criminal proceedings are carried out on the basis of the adversarial procedure», the parties of criminal procedure in Ukraine do not have equaling rights and opportunities to gather evidence through the using of special knowledge. A law № 2147-19 inured at the end of 2017 in Ukraine. The changes in the Criminal procedure law and Ukraine law «About a forensic examination» banned for lawyers and investigators to choose theyselves an expert establishment or experts. Investigators, public prosecutors and advocates have a right only to send a request to the judge about needing of a forensic examination. A judge personally chooses expert establishment or an expert. It is a cause of the substantial lowing of rights of lawyers and investigators in the collecting of proofs. These problems of regulation of expert activity in Ukraine do not correspond to the competitive European principles of the court. Part of these problems can be resolved if in Ukraine will adopt the Project of law № 8249. It is proposed in this law to return rights for the investigators and lawyers, which allow them personally to attract of experts. Also it is proposed to allow to nonstate experts and other specialists to conduct forensic examinations. This will bring the legislation of Ukraine closer to the legislation of the member countries of the European Union and will allow the principle of equality of parties rights of criminal procedure. A competition between state and non-state experts will lead to an increase of the quality and scientific level of expert conclusions. Key words: criminal proceedings, special knowledge, competitive judiciary.
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Kokhan, Olga N. "The Genre of New-Gate Novel in the Artistic Conception of Sarah Waters." Proceedings of Southern Federal University. Philology 2020, no. 3 (September 30, 2020): 139–50. http://dx.doi.org/10.18522/1995-0640-2020-3-139-150.
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The article explores Sarah Waters ‘Neo-Victorian novels «Affinity»(1999) and «Fingersmith» (2002) as an original genre textures which include a sensational subgenre – the «Newgate» novel. The article considers the documentary evidences of the «Newgate Calendar» and its significance in the formation of a separate tradition of criminal sensational literature (plots, motives, narrative modes, etc.). The established Newgate literary canon is reproduced in Water’s novels with elements of genre self-reflection, generally characteristic for contemporary stylizations. Water’s innovation is in demonstrating her own position as a writer-historiographer, who carefully recreates the criminal world of Victorian England and configures the complex of emotional and social relations of the era in a new way.
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Решетников, Александр, and Aleksandr Reshetnikov. "Qualifying Errors: Essence, Classification and Causes." Journal of Russian Law 4, no. 10 (September 19, 2016): 0. http://dx.doi.org/10.12737/21526.
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The article considers basic theoretical approaches for understanding of an essence of a qualification error in offenses, classification of these errors, causes and ways to correct the qualifying errors. It is underlined that the qualification errors are limited by the framework of criminal law. The subjects of such errors are investigators, prosecutors and judges, and the qualification errors’ reasons are objective (a large number of evaluative concepts, lack of wording clarity of the specific criminal legal norms) and subjective (incomplete investigation circumstances of a crime, wrong assessment of collected evidences, etc.) factors, while the error correction by means of application of prosecutor´s supervisory measures or by judicial practice depends directly on the subject and the factors of the qualification error and limited by the Criminal Procedure legislation character. The author concludes that careful consideration of the causes and the conditions for the approval of qualification errors, as well as their correction by the subjects of qualification and applied organizational and legal measures, aimed at eliminating their causes, together are the key to ensure legality in criminal law and rights and freedoms.
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Muslimin, JM. "Pendidikan Imu Syariah dan Hukum: Antara Tradisi Normativisme dan Empirisme serta Kemungkinan Pengembangannya." JURNAL INDO-ISLAMIKA 6, no. 2 (February 25, 2020): 203–32. http://dx.doi.org/10.15408/idi.v6i2.14803.
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This paper contradicts an idea that (Islamic law) syariah is an antithesis to human rights’ principles. Here, this paper debunks this perception as it is comparable to the way people misunderstand about syariah to criminal law. Therefore, this article demonstrates evidences that support the opposite idea; that is to say that Islamic law is in tandem with the principles of human rights and humanistic values.
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Umbarkar, Pankaj, and Priyanka R. Mohod. "Reflections on the Symptoms of Humanitarian Principles in the Investigations of International Crimes – A Study on Admissibility of Electronic Evidences in International Trials." Revista Gestão Inovação e Tecnologias 11, no. 4 (September 16, 2021): 5520–32. http://dx.doi.org/10.47059/revistageintec.v11i4.2576.
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The establishment of the International Criminal Tribunal's post-World War II is the clear sign of augmented figure of International Crimes especially. The culmination of flagship tribunals like Yugoslavia and Rwanda opened the new phase for several significant questions such as the maintenance of humanitarian principles throughout the investigation, relevancy of evidence, authenticity, and overall mechanism and its legality too. The chances of an independent investigation mechanism for international crimes may also not be denied. Under such a state of affairs, the issues of collection, preservation, and scrutiny of the evidence of the most serious International Crimes and violations of normative principles set out by International Criminal Law becomes crucial to know to ensure fair and transparent justice. Indeed, the investigation procedure required for such fairness and transparency demands unequivocal maintenance of humanitarian principles throughout the process and legality for the sake of legal authority behind. Consequently, the present paper counts the impact of the investigation mechanism on criminal for international crimes and the existence of the symptoms of humanitarian principles with its legality by analyzing several International Instruments, Judicial Decisions, and other fact findings on the record.
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Ahmadi, Seyed Mehdi. "Perjury and Its Effects in the View of Jurisprudence and Criminal Law." Journal of Politics and Law 9, no. 9 (October 30, 2016): 22. http://dx.doi.org/10.5539/jpl.v9n9p22.
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<p><span lang="EN-US">Importance of testimony of witnesses as one of the reasons for proving the dispute has long story in our jurisprudence and criminal law to such extent that in Imamieh jurisprudence the award of judge follows from testimony of witnesses and is considered as a means for finalizing the proceeding. However, if the perjury is proved by documents and evidences and or knowledge of the judge, witness inadvertently encounters with different effects of committed crime. This paper while defining the concept of perjury crime aims to study the elements and building blocks as well as types of punishments determined for this crime and finally analyze and determine the effects of perjury crime in jurisprudence and criminal law.</span></p>
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Sumbarova, Marina. "Aspects of Tactics of Investigative Experiment in Criminal Procedure of Latvia." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, no. 2 (2015): 84–91. http://dx.doi.org/10.25143/socr.02.2015.2.84-91.
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In the research the particular provisions of tactics of investigative experiment in criminal procedures are considered, the positions of Latvian and other scientists, associated with the tactical characteristics of carrying out of investigative action, the collection of evidences in criminal procedures and with evaluation of quality investigation of crimes in Latvia. The theoretical characteristics of investigative experiment and provided practical examples, associated with the carrying out of this investigative action, as well as the analysis of its protocols have allowed identifying the specific proposals of tactical, methodological and organizational nature on the topic of research. Pētījumā tiek aplūkoti daži izmeklēšanas eksperimenta taktikas aspekti kriminālprocesos, Latvijas un citu valstu zinātnieku viedokļi par izmeklēšanas eksperimenta veikšanu, pierādījumu vākšanu un par kvalitatīvas noziegumu izmeklēšanas izvērtējumu Latvijā. Izmeklēšanas eksperimenta teorētiskie raksturojumi un praktiskie piemēri, kā arī protokolu analīze ļāva noteikt konkrētus taktiskā, metodiskā un organizācijas rakstura piedāvājumus par pētījuma tēmu.
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Valdivieso-González, Luis Gabriel, Andrea Fernanda Muñoz-Potosi, and Kelly Johanna Navas-Gómez. "Identification of the origin area of hematic spots on a crime scene: theoretical analysis." ITECKNE 17, no. 1 (July 17, 2020): 31–37. http://dx.doi.org/10.15332/iteckne.v17i1.2427.
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The aim of this work is to generate a theoretical physical analysis that could be used as a tool that facilitates the criminalistic function in its objective of clarifying the truth and helping to impart justice. One of the most studied fields of action in the criminal area is related to the scenes of a crime, in which, generally, there are evidences associated with hematic impressions. A drop of blood, in its way towards the ground, follows a trajectory that can be calculated through the laws of Physics, behaving like a body in a fluid. To the extent that this model is more detailed, the position of the blood drop can be described more precisely. A detailed analysis of the displacement in the air of a drop of blood, generated by a cutting wound, is presented. Results could be used to determine the spatial point of origin of a drop of blood from experimental measurements on the hematic impression in crime scene. The proper estimation of this position could be of great help at the moment of a criminal investigation since could serve as an additional evidence offering a clearer vision of the events that occurred, to the judge.
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Bilalli, Arta. "Interrogations And The Right To Remain Silent - A Comparative Approach." SEEU Review 11, no. 1 (December 1, 2015): 69–78. http://dx.doi.org/10.1515/seeur-2015-0010.
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Abstract Interrogations are a very specific component of any criminal investigation. The answers gained through interrogative process provides information that are considered as direct evidences. In contemporary criminal procedure, the court is not absolved from gaining other evidences, even in cases when the defendant confesses his/her guiltiness. This is a mechanism for excluding the inquisitorial approach for extracting compulsory confessions. The modern procedure uses a variety of mechanisms to guarantee that the defendant will not be compelled to confess guilt. Those mechanisms are part of most important international conventions as International Convention for Civil and Political Rights, the European Convention on Human Rights, the American Convention on Human Rights, the Statutes of International Tribunals (i.e. International Tribunal for ex-Yugoslavia, International Tribunal for Rwanda) and part of different constitutional and legal acts of modern states. A very interesting “highlight” remains the right to silence which guarantees that the defendant might remain silent and it will not be interpreted against him. The defendant, even in cases with direct evidences, can remain silent and cannot be forced to answer given questions. Another “highlight” is that one that appears from the privilege against self-incrimination that allows the defendant to not answer a question, if by answering, he/she may confess guilt or incriminate him/herself. How deep is this privilege? Are there, maybe questions, that he/she are obliged to answer (i.e. disclosure of identity?) The article will focus in interrogations and the right to silence by most important international acts and domestic acts of different countries (USA, France, Germany, Albania, Kosovo, Macedonia) and upcoming specifics in the relation interrogations vs. remaining silent.
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Bacila, Carlos Roberto. "O CASO BRUCE MACARTHUR E O FATOR COMUM ENTRE OS SERIAL KILLERS." REVISTA INTERNACIONAL CONSINTER DE DIREITO 9, no. 9 (December 18, 2019): 279–96. http://dx.doi.org/10.19135/revista.consinter.00009.15.
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This work presents an analysis of the case of Toronto’s serial killer Bruce MacArthur, focusing on identifying a common factor among the cases of the most worldwide known series assassins. That is, what would be the main difficulty in investigating and holding those involved more quickly, from the perspective of the thesis of stigmas as second code. A comparison among these serial killers was made, confirming that common rules related to stigmas in fact interfere in the criminal responsibility of the person involved in serious crimes, in a way that if the person has no stigma, he/she has little visibility to criminal investigation and accountability, although strong evidences that he/she may have committed homicides are present. In the end, I present some suggestions in order to avoid the interference of stigmas such as negative second codes.
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Alfonso Rodríguez, Adriano J. "Investigación penal del ministerio público y derecho de defensa." Revista de Derecho de la UNED (RDUNED), no. 25 (March 13, 2020): 171. http://dx.doi.org/10.5944/rduned.25.2019.26989.
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El Fiscal puede desarrollar una actividad de investigación compartida con Jueces y Policías, con lo que puede incidir en la esfera de derechos del investigado pudiendo éste desarrollar con plenitud el derecho de defensa ante una indagación que no genera actos de prueba de ningún tipo salvo excepciones. Durante su desarrollo, el Fiscal puede acordar medidas que necesariamente requieren la participación y presencia del investigado, con lo que su declaración ante la existencia de indicios de responsabilidad penal deviene en obligatoria. Ahora bien, la modificación de la LECRIM que introduce el procedimiento de aceptación del decreto del Fiscal implica la ruptura de esta dinámica pudiendo ser el sujeto condenado sin antes ser oído lo que obliga a revisar dicho procedimiento desde la óptica constitucional. The Prosecutor can lead criminal investigations similar to Judges and Police Forces, and this measures can affect to the suspect with a big impact in his rights. However, rights to defence is obvious. Criminal investigation cannot make proofs but the suspect presence is necessary, esencially when there are felons evidences. Nevertheless with the criminal laws reform, a new procedure breaks the constitutional guarantees because allows the punishment without suspect’s statement.
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Kret, Halyna. "REGULATORY FIXING OF INTERNATIONAL STANDARDS FOR FORMATION OF RELIABLE EVIDENCES IN THE CRIMINAL PROCEDURAL CODE OF UKRAINE." European Political and Law Discourse 7, no. 2 (2020): 299–304. http://dx.doi.org/10.46340/eppd.2020.7.2.40.
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Kupryashina, Elena A., Oksana S. Stepanyuk, Irina V. Savelieva, Vyacheslav E. Tonkov, and Evgeniy E. Tonkov. "Jury Trial as the Atavism of History." Journal of Politics and Law 10, no. 4 (August 30, 2017): 212. http://dx.doi.org/10.5539/jpl.v10n4p212.
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Based on comparative-legal analysis of the jury trials development in Russia and foreign countries, the authors have shown, that broadening of jury trials powers, resulted in remoteness from finding the truth in criminal cases. Concession of the jury's opinion priority over the professionalism of the judge and the evidences, received in the process of investigation, put in jeopardy the fairness and objectivity of the court's decision. As a result, the court, based on the avesty of justicejury's conclusions, is forced, in some cases, to make a travesty of justice.
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Rusdiana, Erma, Eny Suastuti, and Syamsul Fatoni. "Optimization of The Village Roles in Countermeasure to Criminal Acts of Human Trafficking." SHS Web of Conferences 54 (2018): 08012. http://dx.doi.org/10.1051/shsconf/20185408012.
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This research is based on the criminal acts of human trafficking phenomenon through the Indonesian migrant workers delivery initially impersonating the recruitment activities by the scalpers in the village level in number of ways. The evidences show the poor village authorities regarding the issue at hand and relating to its people working abroad. This research aims to analyze Law No 18 of 2017 mandating the village government to actively participate in protecting the Indonesian especially the criminal acts of human trafficking cases. This is doctrinal legal research; employing the law approach in the sense of law in the book applying the statute approach. This research demonstrates the argument of Law No. 18 of 2017 legalization which is to provide the village authorization setting to extend migrant workers protection before, during, and after completion of their work. To implement the Article 42 pertaining to village’s duties and responsibilities, its government can arrange the village regulation about PMI. It is clearly stated in Law No 6 of 2014 about Village. It is subsequently beneficial in a way that the village, as the main key of worker distribution, actively participates in criminal acts of human trafficking anticipation impersonating the Indonesian migrant workers delivery and simultaneously provides the Indonesian migrant workers protection.
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S. Paiva, Luiz Fábio. "“AQUI NÃO TEM GANGUE, TEM FACÇÃO”: AS TRANSFORMAÇÕES SOCIAIS DO CRIME EM FORTALEZA." Caderno CRH 32, no. 85 (June 7, 2019): 165. http://dx.doi.org/10.9771/ccrh.v32i85.26375.
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<p>O artigo analisa o processo de transformação social do crime nas periferias da cidade de Fortaleza, estado do Ceará, Brasil, mediante a constituição de coletivos criminais conhecidos como “facções”. Evidencia como as gangues e quadrilhas de traficantes ofereceram as condições objetivas para o processo de adesão a esses coletivos que, entre outras coisas, afetaram as maneiras de fazer o crime na cidade. A pesquisa se desenvolveu em uma dinâmica de investigação qualitativa e multissituada, articulando matérias da imprensa, entrevistas e conversações, à luz de uma perspectiva compreensiva dos sentidos e relações pertinentes ao fenômeno estudado. A análise considera múltiplos efeitos sociais da violência em circunstâncias criadas por coletivos criminais que se enfrentam e buscam exercer poder de governo sobre populações com as quais compartilham determinados sofrimentos sociais, e demonstra mudanças na escala de violência e interferência das pessoas que fazem o crime, com práticas de tortura, expulsão de residências e chacinas envolvendo homens e mulheres. Conclui que as “facções” criaram dinâmicas de governo locais que resultam em formas de dominação e sujeição dos pobres em Fortaleza.</p><p><strong>“THERE ISN’T GANG HERE, THERE’S ‘FACÇÃO’”: the social transformations of crime in Fortaleza, Brasil </strong></p><p>This paper discusses the social transformation process of crime in Fortaleza’s peripheries through the constitution of criminal collectives known as “facções”. It evidences how gangs and drug trafficking groups offered objective conditions to the process of joining these collectives which, among other circumstances, affected the forms of crime in the City. The research was developed in a dynamic of qualitative and multisituated investigation, articulating press material, interviews and conversations in the light of a comprehensive perspective of the senses and the relations within the studied phenomenon. It considers the multiple social effects of violence in circumstances created by criminal collectives that are facing each other and seek to exert power of government over populations with which they share certain social sufferings. The paper also demonstrates a change in the scale of violence and interference of people who commit crimes with torture, expulsion and slaughter involving men and women. It concludes that the “facções” created dynamics of government that result in forms of domination and subjection of the poorpopulation in Fortaleza, Brazil.</p><p>Keywords: Violence. Crime. Criminal collectives. Facções. Periphery</p><p><strong>“ICI, IL N’Y A PAS DE GANG, IL Y A UNE FACTIONS”: les transformations sociales du crime à Fortaleza, Brasil</strong></p><p>L’article analyse le processus de transformation sociale du crime dans les quartiers populaires de la ville de Fortaleza au travers de la constitution de groupes criminels connus sous la dénomination de “factions”. Je mets en évidence comment les gangs et les bandes organisés de trafiquants ont fourni les conditions objectives au processus d’adhésion à ces collectifs qui, parmi d’autres choses, ont influé sur les manières de faire du crime dans la ville. La recherche a été menée dans une dynamique d’enquête qualitative et multisituée, en mettant en relation des articles journalistiques, des entretiens et des conversations, en suivant la voie d’une perspective compréhensive des sens et des relations pertinentes vis-à-vis du phénomène étudié. Je prends en considération de multiples effets sociaux de la violence dans des circonstances créées par des groupes criminels qui s’affrontent et cherchent à exercer un pouvoir de gouvernement des populations avec lesquelles ils partagent certaines souffrances sociales. Je démontre le changement dans l’échelle de la violence et de perturbations des personnes qui participent au crime, avec des pratiques de torture, d’expulsion de domicile et de massacres impliquant des hommes et des femmes. J’en conclus que les «factions» ont créé des dynamiques de gouvernement engendrant des formes de domination et d’assujettissement des pauvres à Fortaleza, Brasil.</p><p>Mots-clés: Violence. Crime. Groupes criminels. Factions. Quartiers populaires.</p>
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Milovanova, M. M. "USAGE OF CRIMINALISTIC TECHNICAL MEANS, METHODS AND DEVICES IN DETECTING AND INVESTIGATION OF VIOLATION OF THE ANTIMONOPOLY LEGISLATION, WHICH CONCERNED WITH CEASING OF COMPETITION." Courier of Kutafin Moscow State Law University (MSAL)), no. 2 (May 17, 2021): 93–99. http://dx.doi.org/10.17803/2311-5998.2021.78.2.093-099.
Full textAbstract:
During detection and investigation of violations, the proper collection of appropriate evidences plays very important role in the detecting of criminal facts. That’s why the obtaining of relevant criminalistic information about the violation of Legislation, such as Cartel Collusions and Ceasing of Competition seems impossible without of using criminalistic technical means, methods and devices. This article reveals the opportunities of using criminalistic technologies which allows to detect and collect criminalistic information about Cartel Collusions. According to the complication of proofing the ceasing of competition facts, it’s very necessary to use certain effective criminalistic facilities in these cases.