Academic literature on the topic 'Evidentiary power'

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Journal articles on the topic "Evidentiary power"

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Ferdiani, Devi, Bambang Waluyo, and Handar Subhandi Bakhtiar. "The Evidentiary Power of Dementia Witnesses in Domestic Violence Cases." Journal of Law and Regulation Governance 2, no. 05 (2024): 198–207. http://dx.doi.org/10.57185/jlarg.v2i2.49.

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The Indonesian criminal justice system often neglects crime victims, relegating them to mere witnesses needed for case substantiation, a consequence of its bias towards perpetrator protection. This disregard extends to vulnerable victims like those with dementia, whose cognitive limitations significantly hinder their courtroom testimony, posing challenges in recalling events and expressing themselves clearly. Consequently, the credibility and evidentiary value of their statements are compromised, exacerbating the social and psychological impacts on dementia sufferers. This research aims to add
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Iswari, Katrin Yogi, Pelangi Adzania, Rizka Novilawati, and Tetti Samosir. "Legal Certainty of the Proof Power of Notary Deeds in the Concept of Cyber Notary according to Indonesian Positive Law." JURNAL AKTA 11, no. 3 (2024): 662. https://doi.org/10.30659/akta.v11i3.39750.

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The development of technology in the field of notary in the digital era requires notaries to provide public services in accordance with their roles and authorities based on cyber notary. Therefore, the urgency of this study is to analyze the guarantee of legal certainty over the evidentiary power of Notarial Deeds made in the concept of cyber notary along with all the legal consequences that arise, especially for agreements that are required to be in the form of Authentic Deeds. This study is a normative legal research conducted by examining library materials or secondary data which is also co
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Syaiful Bahri, Moh. Zeinudin, and Miftahul Munir. "Recognition of Electronic Signatures in Proving Civil Procedure Law in Indonesia." International Journal of Law, Crime and Justice 1, no. 3 (2024): 63–81. http://dx.doi.org/10.62951/ijlcj.v1i3.131.

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This research is normative legal research that uses a normative judicial approach. The research results show that: (1) There are differences of opinion between judges, e-commers and notaries. regarding the strength of proof of a signature on an electronic document in proving civil procedural law in Indonesia. Judges and e-commers are of the opinion that electronic documents that have been signed with an electronic signature have the same evidentiary power as authentic deeds made by authorized officials, after the issuance of Law Number 11 of 2008 concerning Electronic Information and Transacti
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WU, Chunxu. "Miao Chong v. SAIC-GM: The Dawn of the Private Enforcement of Chinese Anti-Monopoly Law?" World Competition 47, Issue 3 (2024): 351–78. http://dx.doi.org/10.54648/woco2024021.

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Global antitrust experiences have demonstrated that plaintiffs are frequently faced with evidentiary difficulties in the private enforcement of competition law, and China is no exception. In Miao Chong v. SAIC-GM, the Supreme People’s Court (SPC) of China, for the first time ever, affirmed the presumption of the truthfulness of the facts established in antitrust infringement decisions in the private enforcement of competition law, which is believed to relieve the plaintiff’s burden of proof in establishing damages claims. However, the Miao Chong ruling should not be overstated because the appl
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Cahyadi, Arvin Bintang, Muhammad Reza Afdilla Hasibuan, and Tetti Samosir. "The Evidential Power of Notarial Deeds in Land Disputes between Certificate Owners and Land Cultivators." JURNAL AKTA 12, no. 2 (2025): 608. https://doi.org/10.30659/akta.v12i2.45306.

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This study aims to analyze the evidentiary power of notarial deeds in land disputes between certificate owners and land cultivators. Notarial deeds are authentic evidence that legally have perfect evidentiary power, especially when they form the basis for the transfer of registered land rights. However, in practice, there are often clashes between the strength of administrative evidence and physical control by the cultivator. This study uses normative and empirical legal methods with a qualitative approach. Data were obtained through literature studies, document studies, and analysis of court
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Rizka Saraswati Malinda, Budi Parmono, and Sunardi. "Notary's Responsibility for Authentic Deeds Made With Forged Letter ( Case Study Decision No. 933 K/ Pid / 2023)." Journal of Law, Politic and Humanities 5, no. 4 (2025): 2702–6. https://doi.org/10.38035/jlph.v5i4.1606.

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Accountability Notary Public to deed authentic made with letter false often found that makes Notary Public face to face with problem law . article This use The approach method used in this study is the Normative Juridical approach method because the main data used is secondary data, namely data obtained based on literature studies, related regulations, and publications from related parties . The following are results analysis from writing article This namely , a Notarial Deed that has perfect evidentiary power, but if it violates certain provisions, its evidentiary value will be degraded to ha
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Amanda, Dina. "The Notary's Responsibility For The Position of Fictitious Instrumental Witnesses in Authentic Deeds From The Perspective of The Notary Position Act." Journal Research of Social Science, Economics, and Management 4, no. 11 (2025): 1632–44. https://doi.org/10.59141/jrssem.v4i11.857.

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An authentic deed is a written document made by a public official such as a notary, possessing perfect and binding evidentiary power under Indonesian law. This deed provides legal certainty through formal, material, and external proof in accordance with the provisions of the Notary Law (UUJN), including the presence of actual instrumental witnesses. However, the inclusion of fictitious instrumental witnesses can undermine the deed’s validity, reducing its evidentiary power to that of a private deed and potentially leading to its legal annulment. Such violations not only damage public trust and
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Gunarto, Gunarto, Yusri Yusri, and Sri Kusriyah. "Reconstruction of Evidence Regulations in Civil Jurisdiction Based on Justice Value." Scholars International Journal of Law, Crime and Justice 6, no. 08 (2023): 447–52. http://dx.doi.org/10.36348/sijlcj.2023.v06i08.008.

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The aims of this research are to analyze the weaknesses that exist in evidentiary regulations in civil courts and how to reconstruct evidentiary constraints in civil justice based on the value of justice. This research uses a constructivist paradigm, with a social legal research approach that uses primary data. Methods of data collection using interviews, observation, and field systems. The results of this research show that in evidentiary regulations in civil courts in Indonesia, judges are bound by valid evidence, which means that judges are only allowed to make decisions (impose decisions)
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Noor, Aslan, Bekawita Wassir, Ira Anggraini, and Erlin Rahmaniah. "Implications of the Use of Electronic Certificates in Proving Land Rights According to the Civil Procedure Law." Electronic Journal of Education, Social Economics and Technology 5, no. 2 (2024): 276–81. https://doi.org/10.33122/ejeset.v5i2.266.

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The development of digital technology has encouraged reforms in land administration in Indonesia, one of which is the application of electronic certificates as evidence of land rights. The use of electronic certificates aims to increase efficiency, transparency, and legal certainty in the process of proving in court. This study aims to analyse the legal validity and practical aspects of the use of electronic certificates in the process of proving land rights according to civil procedural law. The study is based on several key regulations, including the Basic Agrarian Law (UUPA), Government Reg
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Stefin, Adie Marthin. "PERBANDINGAN KEKUATAN PEMBUKTIAN AKTA OTENTIK DALAM PERKARA PERDATA DAN PERKARA PIDANA." JURTAMA 1, no. 1 (2019): 12–24. http://dx.doi.org/10.31090/jurtama.v1i1.801.

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Authentic deeds as perfect evidence (volledig bewijskracht) and binding (bindende bewijskracht), so that authentic deeds can stand alone without the support of other evidence. This study analyzed the differences in the power of authentic authentic deeds in civil and criminal cases and the power to prove authentic deeds in criminal cases still requires other evidence to determine their perfection. The research method used normative legal research while the problem approach is carried out using a legal approach and conceptual approach. The results of the study indicate that the evidentiary law i
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Dissertations / Theses on the topic "Evidentiary power"

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Муштаєва, А. В. "Особливості доказової сили ймовірних висновків експерта". Thesis, Сумський державний університет, 2017. http://essuir.sumdu.edu.ua/handle/123456789/66374.

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На данний момент одним з проблемних питань є використання ймовірних висновків експерта та їх значення. Як свідчить судово-слідча та експертна практика, здебільшого експерти надають обґрунтовані категоричні висновки, які становлять найбільшу доказову цінність для органів досудового розслідування та суду. Рівень доказової сили висновку експерта в деяких випадках може гарантувати високий рівень захисту в кримінальному судочинстві, що є одним з найважливіших інститутів, гарантією широкого кола прав і свобод особи. Особливо це стосується обвинуваченого, тому його право на захист є складовою
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Albuquerque, Maria do Carmo Seffair Lins de. "O princípio dispositivo, a instrução probatória e os poderes do juiz." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-06032015-121912/.

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A busca de soluções capazes de imprimir maior eficiência e efetividade ao processo tem norteado as diversas reformas processuais nas últimas décadas. Com esse escopo, aumentaram os poderes do juiz, para justificar essa ampliação no caráter público do processo. Consequência desse aumento de poderes, verificou-se uma alteração no comportamento dos sujeitos envolvidos em um processo, outrora fundamentado nas premissas do princípio dispositivo, fato esse justificado pelos escopos sociais e políticos do processo na busca por uma decisão mais justa. Além disso, a busca por maior efetividade fez com
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Fialho, António José. "Conteúdo e limites do princípio inquisitório na jurisdição voluntária." Master's thesis, 2016. http://hdl.handle.net/10362/19279.

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Voluntary jurisdiction proceedings are one of the ways of exercising judicial functions in which the body exercising them, by means of the use of its evidentiary initiative - as it deems necessary - and by resorting to discretionary criteria, safeguards private interests, with a view to the creation, formation, effectiveness, validity or extinction of legal relations or situations or, in specific cases and if a change in circumstance so warrants it, to alter that legal relation or situation. The courts’ evidentiary initiative is not limited to the cognition of the essential facts but the inst
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Books on the topic "Evidentiary power"

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Bryanskaya, Elena, and Anna Altunina. Fundamentals of the evidentiary process in the light of judicial practice in criminal cases. INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/1087998.

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The monograph gives an idea of the process of proof in a criminal case. The process of proof is the driving force behind all criminal proceedings. In this regard, issues related to the concept, types and nature of evidence, their recognition as inadmissible, and their argumentative power are considered. The article presents the material that reveals the stages of the proof process. It is addressed to students, undergraduates, postgraduates, researchers and practitioners specializing in criminal evidence.
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Michael, Moser, and Bao Chiann. 9 Conduct of the Arbitration (Articles 13–22, 25–26, 30–31). Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198712251.003.0009.

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This chapter addresses a number of key procedural steps and principles in an HKIAC arbitration. It begins with a discussion of the general principles governing the conduct of proceedings, followed by rules concerning the seat and venue of the arbitration and the language of the arbitration. The chapter then analyses the filing of and amendment to the parties’ written submissions. Next, the chapter discusses the arbitral tribunal’s authority to rule on its own jurisdiction as well as HKIAC’s prima facie power to proceed with an arbitration. The remainder of the chapter covers evidentiary matter
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William A, Schabas. Part 6 The Trial: Le Procès, Art.69 Evidence/Preuve. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0073.

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This chapter comments on Article 69 of the Rome Statute of the International Criminal Court. Article 69 deals with specific evidentiary issues but lacks a general provision like the one in the Nuremberg Charter. This is addressed in article 64, stating that the Trial Chamber has the power to rule on the admissibility or reliability of evidence. According to a Trial Chamber, ‘the drafters of the Statute framework have clearly and deliberately avoided proscribing certain categories or types of evidence, a step which would have limited — at the outset — the ability of the Chamber to assess eviden
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The evidential power of beauty: Science and theology meet. Ignatius Press, 1999.

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Book chapters on the topic "Evidentiary power"

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Prado, Álvaro André Colombero, Marcelo Nogueira, Jair Minoro Abe, and Ricardo J. Machado. "Power Optimization in Photovoltaic Panels Through the Application of Paraconsistent Annotated Evidential Logic Eτ." In Advances in Production Management Systems: Innovative Production Management Towards Sustainable Growth. Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-22756-6_80.

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Kessler, Timothy, Gerald Liu, Bjorn Frogner, David Gloski, Peter Wallace, and Dong-Ru Shieh. "Inspectr: A Power Plant Performance Diagnostic Expert System Using Evidential and Model-Based Reasoning." In Artificial Intelligence and Other Innovative Computer Applications in the Nuclear Industry. Springer US, 1988. http://dx.doi.org/10.1007/978-1-4613-1009-9_81.

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Theodoropoulou, Maria. "Chapter 7. Emotion in Greek proverbs." In Cognitive Linguistic Studies in Cultural Contexts. John Benjamins Publishing Company, 2024. http://dx.doi.org/10.1075/clscc.16.07the.

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This is a study ‘inside the proverb’. It draws its data from proverb collections and examines Greek proverbs both on romantic love and on love, both figurative and nonfigurative. The study aims at comparing the conceptualisation of these emotions in proverbs with the one in conventionalised expressions of everyday speech as captured in cognitive models approach (e.g., Kövecses 1990). The proverbs are examined with respect to the cognitive mechanisms they employ, the functions they perform, as well as the linguistic means (verb vs. noun) by which they are expressed. The results show that the tw
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Comunello, Francesca, Fabrizio Martire, and Lorenzo Sabetta. "Toward a Sociology of Traces." In Frontiers in Sociology and Social Research. Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-11756-5_1.

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AbstractThis introduction chapter provides context and background to the concept of trace in social sciences, also presenting an overview of key concepts discussed in the subsequent chapters of this volume. Information that was not meant to be informative and evidence that did not expect to possess evidential character, traces are construed as evidence only from the vantage point of the observer, inadvertently left behind by those who produced the trace in the first place (indeed, awareness might change footprints and make them fade out). Conceived as clues rather than statements, traces prove
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Дякович, Мирослава Михайлівна. "Глава 4. Нотаріу­с в Украї­ні та реалізація ним цивільного законодавства про власність". У Серія «Процесуальні науки». Видавництво "Алерта", 2023. http://dx.doi.org/10.59835/978-617-566-765-1-2-4.

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The role of a notary in civil turnover not as one of the bureaucratic bodies, but as a representative of a free profession who impartially and independently performs public powers on behalf of the state in the interests of participants in civil turnover has been analyzed in the work.The notaries are tasked with much broader responsibilities including the comprehensive provision of legal assistance to all interested participants in civil turnover on equal terms and legal support from an impartial person.Proper ownership and reliability of notarial documents are important conditions for stabilit
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Risvas, Michail. "Procedural and Evidentiary Matters." In Discrimination in Investment Treaty Arbitration. Oxford University Press, 2023. http://dx.doi.org/10.1093/law-iic/9780192857262.003.0004.

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Abstract This chapter discusses evidentiary matters that involve the applicable legal test for establishing breaches of the different non-discrimination obligations contained in investment treaties. It examines three procedural and evidentiary questions regarding the allocation of the burden of proof, the standard of review, and the standard of proof. Most discrimination cases in international investment treaty arbitration revolve around State measures, which do not explicitly differentiate between investors based on nationality or another protected ground. Thus, discrimination in investment t
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Tilmann, Winfried. "Article 7 Treating a European patent with unitary effect as a national patent." In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0010.

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A patent right is a right to exclude others from committing certain acts by which a protectable invention is used. For that reason, Art 3 EPUE Reg and Arts 25 and 26 UPCA highlight the right of prohibition of the patent proprietor to exclude such parties from use as the core power, central to all other powers that he holds. The other powers (claims, rights of action) of the patent proprietor (disclosure of information, correction, damages, evidentiary aids, provisional orders) are derived from an infringement of the right of prohibition (to exclude from use), and are thus subsidiary to the par
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"3. The Evidentiary Power of Stories: Narrativizing Guilt in an Adversarial System." In Narratives of Guilt and Innocence. New York University Press, 2023. http://dx.doi.org/10.18574/nyu/9781479818235.003.0007.

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Grunewald, R. "Forces Beyond Linear Reasoning: The Evidentiary Power of Narrative in Wrongful Conviction Cases." In Narratives in the Criminal Process. Klostermann, 2021. http://dx.doi.org/10.5771/9783465145554-189.

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Paret, Peter. "Kolberg (Germany, 1945): As Historical Filmand Historical Document." In World War II, Film, and History. Oxford University PressNew York, NY, 1996. http://dx.doi.org/10.1093/oso/9780195099669.003.0004.

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Abstract Kolberg (Germany, 1945) is not among the major successes of the German motion-picture industry during the Third Reich. It achieved coherence neither as a drama nor—despite its excess of rhetorical energy—as a political statement. Nevertheless, the film continues to attract attention. The circumstances of its production, its aesthetic qualities and flaws, and its evidentiary power as a document of the last phase of National Socialism at war—all serve to keep interest alive in a work in which Goebbels, and through him the regime, invested material resources and psychic expectations to a
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Conference papers on the topic "Evidentiary power"

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Huang, Bin, Jiayong Li, Han Guo, and Jianhui Wang. "Evidential Reasoning for Enhanced Node Selection in Power Network Reduction: a Complex Network Perspective." In 2024 IEEE Power & Energy Society General Meeting (PESGM). IEEE, 2024. http://dx.doi.org/10.1109/pesgm51994.2024.10689175.

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Tan, H. J., J. G. Lu, R. F. Zhao, et al. "A Multi-Objective Reinforcement Learning Active Distribution Grid Load Equivalent Modeling Method Based on Evidential Reasoning." In 2024 The 9th International Conference on Power and Renewable Energy (ICPRE). IEEE, 2024. https://doi.org/10.1109/icpre62586.2024.10768615.

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Xun, Chao, Xiangyu Wu, Yuyou Weng, et al. "A Novel Evaluation Method for Statistical Index System of New Power Systems Based on Multi-Expert Evidential Reasoning." In 2024 3rd Asia Power and Electrical Technology Conference (APET). IEEE, 2024. https://doi.org/10.1109/apet63768.2024.10882790.

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Bhalerao, Mayank J., Wesley T. Honeycutt, Ashok K. Das, Janet K. Allen, and Farrokh Mistree. "Framing Wicked Problems Through Evidentiary and Interpretative Analysis." In ASME 2023 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. American Society of Mechanical Engineers, 2023. http://dx.doi.org/10.1115/detc2023-117285.

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Abstract Wicked problems are characterized by incomplete and conflicting information. To frame a wicked problem, it is necessary to analyze the interaction between variables and thence identify a reduced set of variables that are key to designing a socio-economic-technical system. In this paper we propose using a combination of interpretative and evidentiary analysis through the application of Dilemma Triangle Method and System Dynamics, respectively. We propose a computational framework that allows a designer to convert heuristics into insights by using System Dynamics modelling, thus allowin
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Nikoloska, Svetlana. "TACTICS OF APPLICATION OF MEASURES AND ACTIONS IN THE CRIMINAL INVESTIGATION OF ECONOMIC - FINANCIAL CRIME." In SECURITY HORIZONS. Faculty of Security- Skopje, 2022. http://dx.doi.org/10.20544/icp.3.7.22.p02.

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Economic-financial crime is a special group of crimes for which legal measures and actions are applied for detection, clarification and provision of evidence, but in order to achieve appropriate results for provision of relevant evidentiary material, appropriate tactics are needed in the criminal investigation. The detection of this crime is related to obtaining information of a certain category of perpetrators who commit crimes related to their jobs, performing certain functions or duties; the crime is related to abusement in the performance of the crime, and the motives are abuse of powers a
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Taware, Avinash, Minesh Shah, Pingchuan Wu, Yongsheng Yang, Jian Zhou, and Ajai Singh. "Acoustics Based Prognostics for DLE Combustor Lean Blowout Detection." In ASME Turbo Expo 2006: Power for Land, Sea, and Air. ASMEDC, 2006. http://dx.doi.org/10.1115/gt2006-90231.

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Physics based algorithm that uses acoustic precursors indicating a Lean Blowout (LBO) is proposed for lean blowout detection in combustors. The proposed technology is presented for a typical multi-nozzle Dry Low Emission (DLE) combustor. Three narrow band dynamic pressure tones, namely LBO (low frequency) tone, high fuel to air (F/A) ratio (hot tone) and low F/A ratio (cold) tones are identified as strong precursors to behavior consistent with combustion instability as LBO event evolves. The likelihood of LBO is computed using a statistical model operating on the RMS value of the LBO tone. Two
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Kari, Tusongjiang, Wen-sheng Gao, Yu-quan Liu, Yu-qiang Chen, and Hua Li. "Condition assessment of power transformer using fuzzy and evidential theory." In 2016 International Conference on Condition Monitoring and Diagnosis (CMD). IEEE, 2016. http://dx.doi.org/10.1109/cmd.2016.7757759.

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Niu, Dongxiao, Bingen Kou, and Ye Chu. "The Combination Forecasting Model for Power Load Based on Evidential Theory." In 2009 International Conference on Artificial Intelligence and Computational Intelligence. IEEE, 2009. http://dx.doi.org/10.1109/aici.2009.265.

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Zhang, Xiaoming, Jianmin Liu, Siming Xing, and Rongxin Zhou. "Health status evaluation of power driveline based on D-S evidential theory." In 2011 International Conference on Electric Information and Control Engineering (ICEICE). IEEE, 2011. http://dx.doi.org/10.1109/iceice.2011.5778328.

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Yuanzheng Li. "Optimal power system dispatch with wind power integrated using nonlinear interval optimization and evidential reasoning approach." In 2016 IEEE Power and Energy Society General Meeting (PESGM). IEEE, 2016. http://dx.doi.org/10.1109/pesgm.2016.7741881.

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