Journal articles: 'Offenses against public property'

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Wiharma, Cecep. "PERSPEKTIF PENEGAKAN HUKUM TERHADAP BARANG-BARANG ILEGAL DI PASAR BEBAS." Jurnal Hukum Mimbar Justitia 2, no. 1 (May 10, 2019): 759. http://dx.doi.org/10.35194/jhmj.v2i1.568.

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Evil will not disappear by itself, otherwise crimes are becoming more frequent and the most dominant type of criminal offense against property, particularly those included in it is a criminal offense fencing. Criminal offenses against property will become increasingly prevalent in developing countries, the increase is in line with economic growth and development, environmental and economic factors, and not least the slide members of the public in the case of fencing Keywords : Crime against Illegal goods.

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Shylo, Iryna. "Criminal-legal description of penalties imposed for criminal offenses." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (December 29, 2020): 356–61. http://dx.doi.org/10.31733/2078-3566-2020-4-356-361.

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The criminal-legal characteristic of the punishment provided for criminal offenses is given. It is determined what punishments can be applied by the court as the main and additional. The size of the main punishments in the form of fines, community service, correctional labor, arrest, restriction of liberty, deprivation of the right to hold certain positions or engage in certain activities, service restrictions for servicemen, detention in a disciplinary battalion were analyzed. Taking into account the provisions of the Law on Criminal Liability, the general principles of sentencing by a court in case of a criminal offense are established, which are: sentencing within the limits established in the sanction of the article (sanctions of part of the article) of the Special Part of the Criminal Code of Ukraine; except as provided in Part 2 of Art. 53 of the Criminal Code of Ukraine; sentencing in accordance with the provisions of the General Part of the Criminal Code of Ukraine; sentencing for a criminal offense, taking into account the identity of the perpetrator and mitigating and aggravating circumstances. The statistical data of the Prosecutor General's Office of Ukraine on registered criminal offenses and the results of their pre-trial investigation for July-November 2020, which showed that a total of registered criminal offenses in July 63 902, August 17 070, September 8 976, October 9 902, November 6 803 The largest number are criminal offenses against life and health of a person; against property; in the field of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors and other criminal offenses against public health; against the authority of public authorities, local governments, associations of citizens and criminal offenses against journalists.

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Cohen, Daniel I. A. "On Property as Self." Journal of Psychiatry & Law 26, no. 1 (March 1998): 3–43. http://dx.doi.org/10.1177/009318539802600102.

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Certain objects are, at certain times, invested with a psychological importance by certain people that is tantamount to the establishment of a property right analogous to the right of self-protection. We refer to this circumstance by the phrase “property as self” We maintain that when property has been thus “cathected,”2 the attachment is reasonable, and the world has been put on notice, the property should be protected, under public and private law, as would be the investing individual. Thus certain acts against objects should be considered direct affronts against persons, thereby changing the severity of the offenses. Arguments are presented as to why and how this could be implemented and how justice would thus be served.

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Rusanov, Georgy, and Yury Pudovochkin. "Money laundering and predicate offenses: models of criminological and legal relationships." Journal of Money Laundering Control 21, no. 1 (January 2, 2018): 22–32. http://dx.doi.org/10.1108/jmlc-12-2016-0048.

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Purpose Purpose of the study is to show the relationships of money laundering with predicate offenses. Design/methodology/approach Each of these groups of crimes was investigated against the following criteria: statistical data on convictions and the proportion of prisoners in the general structure of a criminal record, links to organized crime, methods of money laundering and proportion of laundered money received from a particular predicate offense in the total amount of money laundered. Findings Based on the study of Russian legislation and practice peculiarities of this relationship, the features of the following relationships were revealed: relationship between widespread and relatively easy-to-control crimes against the property and drug trafficking and high latent and more difficult-to-control corruption and economic crimes. Originality/value As a result, it was concluded that there is a potential connection between the public danger of money laundering, the degree of crime organization and efficiency of the process of money laundering depending on the type of a predicate offense.

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Ahmedi, Sulejman. "The Distinctive Legal Features of Crimes Against Humanity." European Journal of Interdisciplinary Studies 2, no. 2 (April 30, 2016): 124. http://dx.doi.org/10.26417/ejis.v2i2.p124-128.

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This research intends to analyze general features and elements of criminal acts against humanity. Also in this paper, special attention was paid to the distinctive features that are crucial in the legal classification of crimes against humanity as offenses punished with international acts and legal regulations of each state. The term Crime against humanity first appeared in the London Agreement of 8 August 1945 establishing the International Military Tribunal. In the course of the preparatory work, it had become apparent that certain crimes committed during the Second World War were not, strictly speaking, war crimes. These were crimes whose victims were of the same nationality as the perpetrators, or nationals of an allied State and were committed for different motives. As early as March 1944, the representative of the United States of America on the Legal Committee of the United Nations War Crimes Commission proposed that crimes committed against stateless persons or any other person by reason of their race or religion should be declared "Crimes against humanity". It suggests, in at least two distinct ways, the enormity of these offenses of the other criminal offenses. First, the phrase "crimes against humanity" suggests offenses that aggrieve not only the victims and their own communities, but all human beings, regardless of their community. Second, the phrase suggests that these offenses cut deep, violating the core humanity that we all share and that distinguishes us from other natural beings. This double meaning gives the phrase potency, but also an ambiguity we may trace back to the double meaning of the word "humanity". "Humanity" means both the quality of being human-humanness-and the aggregation of all human beings-humankind. Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "Are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of human beings". They are not isolated or sporadic events, but are part either of a government policy or of a wide practice of atrocities tolerated by a government or a de facto authority. The law traditionally distinguishes between crimes against persons, crimes against property, crimes against public order, crimes against morals, and the like. Murder, extermination, torture, rape, political, racial or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice.

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Ahmedi, Sulejman. "The Distinctive Legal Features of Crimes Against Humanity." European Journal of Interdisciplinary Studies 4, no. 2 (April 30, 2016): 124. http://dx.doi.org/10.26417/ejis.v4i2.p124-128.

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This research intends to analyze general features and elements of criminal acts against humanity. Also in this paper, special attention was paid to the distinctive features that are crucial in the legal classification of crimes against humanity as offenses punished with international acts and legal regulations of each state. The term Crime against humanity first appeared in the London Agreement of 8 August 1945 establishing the International Military Tribunal. In the course of the preparatory work, it had become apparent that certain crimes committed during the Second World War were not, strictly speaking, war crimes. These were crimes whose victims were of the same nationality as the perpetrators, or nationals of an allied State and were committed for different motives. As early as March 1944, the representative of the United States of America on the Legal Committee of the United Nations War Crimes Commission proposed that crimes committed against stateless persons or any other person by reason of their race or religion should be declared "Crimes against humanity". It suggests, in at least two distinct ways, the enormity of these offenses of the other criminal offenses. First, the phrase "crimes against humanity" suggests offenses that aggrieve not only the victims and their own communities, but all human beings, regardless of their community. Second, the phrase suggests that these offenses cut deep, violating the core humanity that we all share and that distinguishes us from other natural beings. This double meaning gives the phrase potency, but also an ambiguity we may trace back to the double meaning of the word "humanity". "Humanity" means both the quality of being human-humanness-and the aggregation of all human beings-humankind. Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "Are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of human beings". They are not isolated or sporadic events, but are part either of a government policy or of a wide practice of atrocities tolerated by a government or a de facto authority. The law traditionally distinguishes between crimes against persons, crimes against property, crimes against public order, crimes against morals, and the like. Murder, extermination, torture, rape, political, racial or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice.

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Kearns, Anthony, and Art O'Connor. "The Mentally Handicapped Criminal Offender a 10–year Study of Two Hospitals." British Journal of Psychiatry 152, no. 6 (June 1988): 848–51. http://dx.doi.org/10.1192/bjp.152.6.848.

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With mentally handicapped people now being moved into the community, information on mentally handicapped criminal offenders is valuable. A group of such offenders was examined by reviewing the case-notes of 92 patients referred on hospital order to two mental-handicap hospitals over 10 years. Compared with the general criminal population, these offenders' ages were higher, the ratio of male to female offenders was similar, and the proportion of married people was lower. The offences committed were for the most part serious, with a greater number of offences against property and public order in the subgroup whose intelligences were in the mentally handicapped range. Their tested intelligences fell almost entirely into the normal and mild mental-handicap range, suggesting that factors other than intelligence testing, such as social skills, were considered in their admission to the hospitals.

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Douglas, Kevin S., and James R. P. Ogloff. "Public opinion of statutory maximum sentences in the Canadian Criminal Code: Comparison of offences against property and offences against people." Canadian Journal of Criminology 39, no. 4 (October 1997): 433–58. http://dx.doi.org/10.3138/cjcrim.39.4.433.

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Miller, Ted R., Mark A. Cohen, David I. Swedler, Bina Ali, and Delia V. Hendrie. "Incidence and Costs of Personal and Property Crimes in the USA, 2017." Journal of Benefit-Cost Analysis 12, no. 1 (2021): 24–54. http://dx.doi.org/10.1017/bca.2020.36.

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AbstractTotal cost estimates for crime in the USA are both out-of-date and incomplete. We estimated incidence and costs of personal crimes (both violent and non-violent) and property crimes in 2017. Incidence came from national arrest data, multi-state estimates of police-reported crimes per arrest, national victimization and road crash surveys, and police underreporting studies. We updated and expanded upon published unit costs. Estimated crime costs totaled $2.6 trillion ($620 billion in monetary costs plus quality of life losses valued at $1.95 trillion; 95 % uncertainty interval $2.2–$3.0 trillion). Violent crime accounted for 85 % of costs. Principal contributors to the 10.9 million quality-adjusted life years lost were sexual violence, physical assault/robbery, and child maltreatment. Monetary expenditures caused by criminal victimization represent 3 % of Gross Domestic Product – equivalent to the amount spent on national defense. These estimates exclude the additional costs of preventing and avoiding crime such as enhanced lighting and burglar alarms. They also exclude crimes against businesses and most white-collar and corporate offenses.

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Leheza, Yevhen, Yuliia Dorokhina, Oleksandr Shamara, Serhii Miroshnychenko, and Vita Moroz. "Citizens ‘participation in the fight against criminal offences: political and legal aspects." Cuestiones Políticas 39, no. 69 (July 17, 2021): 212–24. http://dx.doi.org/10.46398/cuestpol.3969.12.

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The aim of the research is to reveal political and legal aspects at international level in the field of citizens' participation in the fight against crime. Attention is paid to the most common forms of public participation: patrolling; provide information on criminals or criminal acts committed; participation in anti-corruption measures; assistance in the resocialization of offenders; aiding victims of crime; strengthening the security of one's own property; participation in information on anti-criminal measures. Methodologically it is a documentary research. In conclusion, the benefits of public participation in crime prevention, based on international crime prevention, can be divided into two groups: basic and additional. The main advantages are reduction of crime and delinquency; improve security in relevant areas of cities; reducing citizens' fear of crime; strengthening the service function of the police forces in relation to the inhabitants of territorial communities; improve police partnerships with the public.

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Lorents, D. V. "Compensation to the Bona Fide Homeowner for the Loss of Residential Premises2." Actual Problems of Russian Law 15, no. 7 (August 7, 2020): 49–59. http://dx.doi.org/10.17803/1994-1471.2020.116.7.049-059.

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New rules for compensation to the bona fide houseowner (physical entity) for the loss of residential premises were adopted were adopted on 1 January 2020. Such compensation is not tortious in nature. It is comparable to the real damage or cadastral value of a vindicated apartment. The amount of compensation is now not limited to 1 million rubles, and the period of impossibility of enforcement proceedings against perpetrators has been reduced to 6 months. At the same time, the date of entry into legal force of the court decision concerning the residential premises vindication and the date of the claim of a bona fide citizen for compensation in relation to 1 January 2020 affect the conditions of compensation, the amount of payment, the status of the respondent and the amount of budgetary funds. Taking into account the standing of the Constitutional Court of the Russian Federation in A. N. Dubovets case, it would be fair to assign risks of imperfection of the Unified State Register of Immovable Property (EGRN) to a public legal establishment and provide individuals with absolute protection from public vindication or, at least, envisage the possibility of compensation immediately after vindication without additional court proceedings. However, from the point of view of the economic efficiency of law, the law-maker expressed a preference for a legal model of protection of the original owner in order to discourage commission of offenses in the field of civil turnover of real property. The development of a fair system of compensatory measures for property vindication becomes a general trend in the legal mechanism of protection of civil rights in Russia.

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Justyński, Krzysztof. "Police in the System of Public Safety — Polish Experience." Internal Security 9, no. 1 (December 29, 2017): 99–108. http://dx.doi.org/10.5604/01.3001.0010.7437.

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As a uniformed and armed force, whose mission it is to serve and protect both people’s safety and public order, the police have been established on the basis of the 6 April 1990 Police Act. The basic police responsibilities cover protection of health, life and property against unlawful attacks, protection of public order and safety — including assurance of peace in public places and on public transport, investigation of crime, prosecution of offenders, and finally counter-terrorist activity. In addition, police are obliged to initiate and organize activities designed to prevent crime, minor offences and criminogenic phenomena. The list of police tasks is steadily getting longer and longer and it seems that this upward trend will continue in the years to come. This makes it necessary to implement legal and organizational solutions with a view to enhancing the effectiveness of policing — on the one hand measured by a systematic search for increasingly rational procedures, and on the other one by a decreasing number of illegal activities undertaken by the criminal underworld due to their awareness of the risk of being detected and the certainty of punishment. A good way of improving police performance is to precisely determine the tasks carried out as part of preventive action as well as decisive action aimed at elimination of identified threats or their consequences.

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Filippova, Olga V. "CRIMINOLOGICAL CHARACTERISTICS OF RECIDIVISM." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 38 (2020): 87–100. http://dx.doi.org/10.17223/22253513/38/9.

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Recidivism is an indicator of the imperfection of the system of punishments, the practice of their execution, as well as the stability of anti-social attitudes of those who commit crimes. The purpose of this study is to conduct a criminological analysis of recidivism in the Russian Federation (to determine the level, structure and dynamics) in the period from 2006 to 2018 and on this basis to establish trends in its development. Criminological characteristic of recidivism includes quantitative and qualitative analysis of the totality of crimes committed by persons who have previously committed crimes, after the application of criminal law measures to them for previous crimes, as well as the totality of these persons themselves. The study led to conclusions about an increase in both the absolute and relative indices of recidivism: the number of crimes committed by persons who had previously committed offences increased by 18.4 per cent in the period under study, and the recidivism rate increased by 15.3 per cent. The recidivism rate doubled from 13.9% in 2006 to 31.6% in 2018. There has been an increase in the number of persons who had previously committed crimes, while the criminal activity of persons who were exempted from criminal liability for previously committed crimes on non-rehabilitation grounds has also increased among the detected offenders.Minor offences accounted for the largest proportion of recidivism: 54.8 per cent. Offences of medium gravity accounted for 26.2 per cent, serious offences for 15 per cent and especially serious offences for 4 per cent. Recidivism was mainly represented by crimes against property: their share was 42.7%; crimes against persons 16.6%, and against public health 11.9%. The highest proportion of those previously convicted of robbery was observed (52.1%). High recidivism rate was also observed among drug offenders - 28-30%, and, as a rule, it was special recidivism, i.e. recidi-vism by those who had previously committed homogeneous (identical) crimes. Criminal record statistics during the reviewed period showed a decrease in the absolute number of convicts, while at the same time an increase in the proportion of those with an unexpunged and unexpunged criminal record. In 2018, the number of convicts with an unexpunged and unexpunged criminal record at the time of the offence was 231583, or 35.2% of all convicts Among those convicted, the proportion of those who have been sentenced to imprison-ment for the third time or more has increased. Whereas in 2007 their share was 20.2%, in 2018 it was 36.1%. - At the same time, the share of first-time offenders decreased from 53.7% to 45.8%.

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Medytskyi, I. B. "Crime In Ukraine: Consequences Of Emergencies And Catastrophes." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 155–66. http://dx.doi.org/10.15330/apiclu.51.155-166.

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Through quantitative and qualitative analysis of the effects of the phenomenon, the article focuses on the magnitude and social dangers of modern careless crime associated with emergencies and disasters. The emergence of the latter is becoming increasingly real in the face of unacceptable public policy, lack of effective controls, effective prevention mechanisms, inaction of control and oversight bodies and corrupt components in conducting inspections. The criminogenic dimension of socio-humanitarian and socio-economic losses of society is outlined: in the form of dead and injured persons, material losses, destroyed and damaged buildings and structures; the dynamics of emergencies was evaluated. It is argued that human resource reductions, physical harm to health, property and other losses are relevant to the development and implementation of effective state counteraction policies. The position was expressed on the urgent need to adopt a long-term concept of prevention (prevention) of offenses and approval of a plan of measures aimed at its implementation. The current level of lawmaking does not meet the requirements of systematic and interconnectedness in terms of adoption of regulatory acts by the legislative and executive branches of government. The enforcement level, as the level of implementation of the policy of combating negligent crime related to emergencies and catastrophes, does not explicitly take into account the danger of its consequences. On the basis of the analysis of the statistical information of judicial and law enforcement agencies (2014-2018), the status of pretrial investigation and trial of cases of individual crimes against public safety and security of production was determined. The ineffectiveness of the work of the bodies of the prosecutor’s office in the part of the pre-trial investigation of criminal offenses envisaged by art. 270, 271-273, 275 of the Criminal Code ofUkraine was emphasized. The number of cases examined by the courts of Ukraine, as well as data on individuals whose life, health or material status were harmed, do not correspond to the actual state of negligent crime in the relevant sphere on a national scale.

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Martinkiene, V., and A. Survilaite. "Peculiarities of Mental Status and Criminal Behavior in Individuals Under Cannabinoid Consumption." European Psychiatry 33, S1 (March 2016): S461. http://dx.doi.org/10.1016/j.eurpsy.2016.01.1678.

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IntroductionSubstance-related mechanism may be capable of promoting brain changes in high-risk individuals [1,2]. Cannabis use reported to be associated in long-term cognitive effects.AimTo evaluate mental status and criminal behavior in individuals under cannabinoid consumption in forensic psychiatric assessment.MethodsA retrospective analysis was conducted of forensic psychiatry examination reports in psychoactive substance consumption cases (n = 170) in National Service of Forensic Psychiatry 2010–2014. Offenders, which were reported with cannabinoid consumption (n = 57) were assessed by socio-demographic characteristics, mental state, court order and outcome.ResultsEighty-six percent offenders with cannabinoid consumption in observed period were men. The age of offenders prevailed from 18 to 35 years with basic education; 57.9% of offenders consuming cannabinoids were single (Fig. 1).A total of 36.8% of all crimes in research group were committed against property, 31.6% – an unlawful possession of psychotropic substances, 22.8% – committed against human health, 8.8% – against public order (Fig. 2).ConclusionsImpulse control deficiency and emotion disorders were prevalent among offenders under cannabinoid consumption; 17.5% were committed irresponsible, all of them due to comorbid psychiatric disorder. More likely to offend were men, aged 18–35 years, single, who had basic or lower education.Disclosure of interestThe authors have not supplied their declaration of competing interest.

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Monballyu, J. "La justice transitionnelle en Belgique dans les affaires pénales après la Première Guerre mondiale (1918–1928)." TIJDSCHRIFT VOOR RECHTSGESCHIEDENIS 80, no. 3-4 (2012): 443–79. http://dx.doi.org/10.1163/15718190-000a1216.

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Transitional justice in Belgium after the First World War in the area of criminal justice (1918–1928). – After the First World War, from 1918 until 1928, Belgium experienced a form of transitional justice, especially in the area of criminal justice. In order to meet demands for revenge fostered among the population against various individuals accused of high treason, the death penalty was reinstated for a number of political crimes, military tribunals were given powers to hear cases of offences against state security committed by civilians, and the judicial branch of Public Prosecutions (Ministère Public) was empowered to prosecute the same offences in connexion with the military prosecuting officers (auditeurs militaires). As a result, arbitrary arrests and detention occurred in several cases, the rights of the defence were curtailed, some criminal statutory provisions were allowed to be applied retrospectively, criminal law tended to be construed extensively, indictments were based on an arbitrary selection, and, although the law excluded forfeiture of private property and assets which had been acquired through dealings and collaboration with the enemy, that hurdle was circumvented by the procedural device of introducing the Belgian State as a private litigant in criminal proceedings (partie civile) in order to obtain compensation for the crimes committed by the defendants

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Dewi, Atika Sandra, and Asrul Asrul. "Return of State Assets Through Civil Lawsuits in Corruption Criminal Action." Budapest International Research and Critics Institute (BIRCI-Journal) : Humanities and Social Sciences 2, no. 3 (August 5, 2019): 299–305. http://dx.doi.org/10.33258/birci.v2i3.430.

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The main problem to be examined is how the efforts of prosecutors as state lawyers in returning assets of state assets resulting from criminal acts of corruption through civil lawsuits and to find out the constraints in returning those assets. In this study the authors use the Normative Law research method, the Normative Law research method or the library research method is a study that studies study documents using various secondary data in the form of positive rules or norms in the legislation system. It can be concluded that the actions of the Prosecutors as investigators and public prosecutors obtained the fact that there has been a real loss of state finances and acts against the law so that it will facilitate the State Attorney in carrying out civil lawsuits. it can even be known from the beginning of the investigation that suspects, defendants and convicts possess property to recover state financial losses incurred, by preparing formal evidence and arguments known as the burden of proof in order to achieve the goal of returning state assets through civil lawsuits in criminal offenses corruption. In the process of returning assets resulting from criminal acts of corruption experienced several obstacles that were quite difficult for law enforcement officials in the process of efforts to recover state assets resulting from these criminal acts of corruption, among those obstacles were systemic corruption, abuse of power (Abuse of Power) and transformation of national law.

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McCarthy, Molly, Jacqueline Homel, James Ogilvie, and Troy Allard. "Initial impacts of COVID-19 on youth offending: An exploration of differences across communities." Journal of Criminology 54, no. 3 (April 9, 2021): 323–43. http://dx.doi.org/10.1177/00048658211005816.

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A number of international studies have found that the initial stages of the COVID-19 pandemic were associated with reductions in crime, primarily due to changes in the routine activities of the population. However, to date there has been no targeted exploration of how COVID-19 may have influenced youth offending, which may be more heavily impacted by the changes heralded by COVID-19 containment measures. This study examines changes in youth offending in an Australia jurisdiction, Queensland, following the implementation of COVID-19 containment measures from the period April to June 2020. Additionally, differences in impacts across community types were explored. Findings from the panel regression indicated significant declines in youth property offending, offences against the person and public order offences in this period, but no significant changes in illicit drug offences. There were also significant differences across communities according to socio-economic status, per cent Indigenous population, and the extent of commercial or industrial land use. Findings are explored with reference to environmental crime theories and the potential impacts of social, economic and policing changes that occurred in this period.

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Sudirman, Sudirman, Marwan Mas, and Abd Haris Hamid. "ANALISIS PENERAPAN SISTEM PEMBUKTIAN TERBALIK TERHADAP TINDAK PIDANA KORUPSI." Indonesian Journal of Legality of Law 3, no. 1 (March 14, 2021): 38–42. http://dx.doi.org/10.35965/ijlf.v3i1.584.

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Korupsi sebagai salah satu kejahatan yang bersifat luar biasa (Extra Ordinary Crime) dikarenakan begitu sulit dalam membuktikan kejahatan tersebut oleh penegak hukum, maka dari itu dibutuhkan kinerja extra untuk memberantas tindak pidana korupsi tersebut. Olehnya itu, mengenai pemberantasan Tindak Pidana Korupsi dengan menggunakan ketentuan-ketentuan yang ada dalam Undang Undang hal itu diterapkan dalam Undang Undang Nomor 31 Tahun 1999. Undang Undang Nomor 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi, dimana beberapa pasalnya menganut tentang sistem pembuktian terbalik terbatas/berimbang. Pasal pasal yang mengatur tentang sistem pembuktian terbalik lebih jelas diatur dalam Pasal 12B, 12C, 37A, 38A, dan 38B. Pemberlakuan sistem pembuktian terbalik dalam perkara delik korupsi terhadap terdakwa meskipun hanya terbatas pada perkara suap (Gratifikasi) di atas Rp. 10 jt. Namun dengan adanya kewajiban terdakwa untuk membuktikan delik korupsi yang didakwakan kepadanya serta harta benda yang patut diduga berasal dari tindak pidana korupsi dan tidak bertumpuh lagi kepada jaksa penuntut umum, maka diharapkan dapat menjadi solusi dalam pemberantasan tindak pidana korupsi tersebut sebab perampasan terhadap harta benda terdakwa dapat dilakukan jika terdakwa tidak dapat membuktikan delik korupsi yang didakwakan kepadanya. Corruption is one of extraordinary crimes because it is so difficult in proving these crimes by law enforcement, and thus it requires extra performance to eradicate corruption. Therefore, regarding the eradication of corruption by using the provisions contained in the Law, this is applied in Law Number 31 Year 1999. Law Number 20 of 2001 concerning the Eradication of Corruption Crime, in which several articles adhere to a reversed proof system is limited/balanced. Articles governing the reverse proof system are more clearly regulated in Articles 12B, 12C, 37A, 38A, and 38B. The implementation of the reversed proof system is in the case of corruption offenses against the defendant even though it is only limited to bribery cases (Gratification) over Rp10 million. However, with the defendant's obligation to prove the corruption offense charged with him and property that is reasonably suspected of originating from criminal acts of corruption and no longer rests on the public prosecutor, then it is expected to be a solution in eradicating these criminal acts of corruption because the confiscation of the assets of the defendant can be done if the defendant cannot prove the corruption offense charged with him.

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Kirilenko, Viktor, and Georgy Alekseev. "Actual Problems of Extremism Crime Counteraction." Russian Journal of Criminology 12, no. 4 (September 14, 2018): 561–71. http://dx.doi.org/10.17150/2500-4255.2018.12(4).561-571.

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In the conditions of globalization, international cooperation in counteracting the spread of radical ideologies is based on the common understanding of the necessity to combat the criminal activities of extremism groups. The use of strict criminal sanctions towards persons guilty of extremism crimes fully complies with the requirements set forth in the international agreements regarding the protection of human rights. Isolation of the most dangerous extremists from society is an effective way of preventing acts of terrorism, it has a beneficial impact on national and international security and contributes to the fulfillment of fundamental human rights and freedoms. The problem area of the criminal law qualification of extremism crimes is the necessity to differentiate between violent extremism and other offenses as well as lawful public initiatives against social discrimination and injustice. If power struggle takes place outside the legal framework, it poses a high degree of public danger, but only the gravest illegal actions should be qualified as manifestations of extremism. The ability of national law enforcement to impose sanctions corresponding to the gravity of unlawful methods of political struggle motivated by extremism is determined by the task of separating extremism ideology from less publically dangerous forms of organizing political protests. The analysis of extremism groups criminal activity showed that the ideology of criminal extremism is characterized by the desire to obtain power, authority and political clout by harming lives and health of people as well as by destroying such systemic institutes of civil society as family and private property. The solution to the problem of fair punishment in counteracting crimes with extremist motives lies in the elimination of such conditions that give rise to extremism ideologies and that act as a criminogenic factor determining the most dangerous cases of criminal violence in the Russian society.

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Kostyleva, Aleksandra. "Socioeconomic factors of the instances of crime among “new” immigration in the United States (late XIX – early XX centuries)." Исторический журнал: научные исследования, no. 4 (April 2020): 11–22. http://dx.doi.org/10.7256/2454-0609.2020.4.33156.

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The primary task of this research is to elucidate the reasons for stereotyping “new” immigrants as dangerous criminals and anarchists in society of the United States. The subject of this research is criminality within the immigration environment, while the object is the immigrants from Southeast Europe and Asia who came to the United States in the second half of the XIX century and surpassed the immigrants from Western and Northern Europe. The author refers to the analysis of social and economic situation of “new” immigrants as the factors that impacted the rise of crime rate in the immigrant quarters. Special attention is given to organized criminal activity and radical political movements, as well as their influence upon the public image of “new” immigrants. The conclusion is made that the representatives of “new” immigration were involved in various unlawful actions, from minor administrative offenses and crimes against private property to murders, robberies and creation of organized criminal communities. An important place among the factors that affected criminalization of immigrants from Southeast Europe and Asia was held by social isolation of immigrant communities, problematic assimilation, and tough economic situation due to intense competition on the job market and high unemployment rate. At the same time, “new” immigrants were no different from the local dwellers in disposition to commit crime: criminal rate among immigrants did not exceed average in the country.

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Mammadov, R. "The concept and entity of the crime of migrants." BULLETIN of the L.N. Gumilyov Eurasian National University. Law Series 132, no. 3 (2020): 21–29. http://dx.doi.org/10.32523/2616-6844-2020-132-3-21-29.

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Global phenomena of the contemporary world are accompanied by ramp-up of the migration processes. Large-scale relocation of people is witnessed due to various reasons: political, economic, social, etc. In general, the migration of population is of intrinsic, positive nature; however, it may have certain risks and negative implications. One of such adverse phenomena is the increased crime rate in the host country, upraise of infringements by migrants. In this relation, it is necessary to perform a timely criminological analysis of the crimes committed by migrants. The article examines the categorical-conceptual apparatus of the crime of migrants, examines the relationship of migration processes and crimes committed by migrants in the territory of the Republic of Kazakhstan. The model of the problem situation is in the field of criminal attacks on public relations taking shape in terms of criminal offences against property, management order, public safety and public order. Smart criminal policy performed by the state in relation to migrants will effectively prevent their misconduct and combat crimes.

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Ceku, Orhan Maxhun, Sheqir Kutllovci, Ardian Emini, and Petrit Nimani. "Money laundering as a form of economic criminality – The case of the Republic of Kosovo." International Journal of Management Excellence 12, no. 3 (April 30, 2019): 1860–66. http://dx.doi.org/10.17722/ijme.v12i3.1083.

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Economic criminality is a criminal activity that violates the economic and property values of the state, harms the public budget, and causes losses to economic entities, harms society in general. Combating and preventing this criminal activity that takes on transnational crime dimensions requires repressive legislation and international cooperation of sovereign states. Republic of Kosovo is assessed as a country that has largely expressed the phenomenon of economic criminality, in particular, money laundering, corruption, tax evasion, trafficking in human beings and as a transit country of drug trafficking.This paper addresses the legislation that prevents and fights the criminal offense of money laundering in the Republic of Kosovo. The paper also includes international instruments that regulate the fight against money laundering. The negative effects of the criminal offense of money laundering appear to be more pronounced in small countries and with non-consolidated democracies such as Kosovo. Kosovo's legislation has been continuously adapted to the conditions and circumstances by taking the pattern of EU legislation and international conventions of the UN system.

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Wodage, WY. "Criminalization of ‘Possession of Unexplained Property’ and the Fight against Public Corruption: Identifying the Elements of the Offence under the Criminal Code of Ethiopia." Mizan Law Review 8, no. 1 (January 22, 2015): 45. http://dx.doi.org/10.4314/mlr.v8i1.2.

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Ochilov, Kh R. "The Object and Its Significance in Crimes of Looting Other’s Property by Using Computer Tools." Psychology and Education Journal 58, no. 1 (January 29, 2021): 1057–68. http://dx.doi.org/10.17762/pae.v58i1.855.

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It should be noted that some types of plundering can damage not only property, but also other social relations protected by criminal law, that is, such crimes affect several social relations at once. In criminal law, crimes of this type are called crimes of a complex nature if the damage is caused to more than one object as a result of the commission of a socially dangerous act. The crime of looting other people's property by means of computers is also a crime of a complex nature, ie not only property relations, but also social relations in the field of information technology, and in some cases social relations in the field of public administration. will also be damaged. As a rule, in complex crimes, the object is qualified depending on the main direct object, if the objects affected are two or more social relations protected by criminal law. In robberies of other people's property using computer tools in most cases, the object of the crime is not in the direct possession of the victim, ie non-cash money is usually kept in a special institution (bank) or device (plastic card) where the money is stored and authorized to carry out certain operations. Generally, the property of another is defined as property that is not in the possession or legal possession of the offender. However, such an interpretation does not apply to the crime of misappropriation or robbery of another's property by means of computers, as the subject of the crime uses special powers in relation to the subject of the robbery, ie abuses the trust of the owner and the perpetrator robs him. The fact that special powers in relation to property are the main special feature of the crime of embezzlement or plundering is determined by the disposition of the property in the disposition of the criminal law. However, non-cash money in a specific account entrusted or pledged to the defendant or at the disposal of the defendant shall not constitute the subject of misappropriation or misappropriation by computer means. In this case, the actions of the offender are qualified by the relevant articles of the Special Part of the Criminal Code, which provide for liability for crimes against justice, and are not qualified as a set of crimes under the articles of liability for robbery.

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Weimann, Gunnar. "Judicial Practice in Islamic Criminal Law In Nigeria—a Tentative Overview." Islamic Law and Society 14, no. 2 (2007): 240–86. http://dx.doi.org/10.1163/156851907781492494.

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AbstractUniquely, in Nigeria Islamic Criminal Law was introduced in the framework of a secular federal constitution. In 2000 and 2001, twelve Northern states adopted legislation on the hadd offences and the Islamic law on homicide and bodily harm. Reliable statistics on the number of cases tried under the new laws are unavailable. Based on information from the media and human rights organisations, I present roughly 125 criminal cases tried before Nigerian Sharī'a courts between 2000 and 2004. This sample shows that Sharī'a was particularly enforced in states dominated by the Hausa. In religiously mixed states, the bid to introduce Sharī'a became part of the religious groups' competition for hegemony and access to public resources, with violent consequences. The expectations which many Muslims attached to the introduction of Sharī'a were inflated. Its impact on the security of life and property, the fight against corruption and the promotion of good governance has probably been minimal.

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Grubac, Momcilo. "Procedural and legal status of the injured party according to the new criminal procedure code of the Republic of Serbia." Temida 15, no. 2 (2012): 105–19. http://dx.doi.org/10.2298/tem1202105g.

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In this article the author is critically analyzing certain solutions of the new Criminal Procedure Code of the Republic of Serbia from 2011 which consider the injured party and their rights in the criminal proceeding. He states that unlike the previous ones, this Code does not improve the status of the injured party but makes it even worse. The author particularly claims that the legislator yet again failed to establish the right of the injured party to be efficiently compensated in the event of a serious offense from a special fund and immediately after the crime has been committed, but prior to the end of the criminal proceeding. In the provision of the Code which states that the injured party may take over the prosecution and become a prosecutor replacing the Public Prosecutor (subsidiary prosecutor) only if the Public Prosecutor withdraws after having confirmed the indictment, however not in the cases of rejection of criminal charges or withdrawal from the prosecution in the previous proceeding, the author sees not only the limitation of the rights of the injured party, but also jeopardy of the public interest. This is due to the fact that, freed from a threat of the subsidiary accusation by the injured party, the Public Prosecutor has gained an absolute and uncontrolled monopoly over the initiation of criminal proceeding. According to the author, the subject of the proceedings will not have any substantial use from some rights which the new Code assigns to the injured party (for example the right to appeal against the judgment on the adjudicated property claim). In conclusion, the author stresses out that in spite of his objections against certain provisions in the Code, the legal status of the injured party is more favorable in the criminal law of Serbia then in many other countries.

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Korolew, Iwan. "Иcпοлнение требοваний в οтнοшении казны РФ: гражданcкο-правοвοй режим и прοблемные аcпекты." Studia Iuridica 70 (November 8, 2017): 103–10. http://dx.doi.org/10.5604/01.3001.0010.5644.

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Introduction: The article deals with civil runtime requirements for the Treasurу of the Russian Federation for the unlawful actions of preliminarу investigation, prosecution and trial. Objective: To analуze the institution of protection of rights and legitimate interests of citizens and organizations in the course of the investigation, consideration and resolution of cases in the judicial and administrative authorities, as well as the Institute for compensation for damage caused bу bodies of inquirу, preliminarу investigation, the police, prosecutors and courts in the implementation of state and municipal functions. Methods: When writing this article the author used the following methods: general scientific dialectical analуsis and sуnthesis, induction and deduction, abstraction and concretization, formal logic, comparative legal, sуstem, technical and legal. Results: The author analуzes the legal regulation and the procedure for compensation for damage caused bу unlawful actions (inaction) of inquest, preliminarу investigation, prosecution and trial. Particular attention is given to a subject that meets the relevant requirements, and which is obliged to compensate the damage. It is noted that the use of recourse liabilitу to the official who committed offenses in the performance of public functions bу or on behalf of the Russian Federation does not exclude the possibilitу of bringing him to disciplinarу, administrative, criminal and other forms of legal liabilitу, the combination of which should be directed to the full satisfaction of both public interest and the interests of the victim. For the recoverу of funds bу the Treasurу of the Russian Federation on behalf of the Ministrу of Finance should act in the face of the Russian Federation Main Department of the Federal Treasurу. Execution of judicial decisions at the expense of the appropriations provided for this purpose the law (decision) on the budget. Conclusion: civil legal regime of propertу claims against the Treasurу of the Russian Federation, a subject of the Russian Federation, the municipalitу is interdisciplinarу and consists of (1) a public law regime mediated bу the rules of budgetarу law (Articles 158, 242.2 BC Code) and legislation on enforcement proceedings, and (2) the civil law (Articles 125, 170, 1071 of the Civil Code). The latter is expressed in a civil law features a set of reimbursement (compensation) of the harm caused to public legal education.

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Wagner, Kenneth, Stephen Owen, and Tod W. Burke. "What Makes a Crime?" Society & Animals 23, no. 5 (November 3, 2015): 439–61. http://dx.doi.org/10.1163/15685306-12341373.

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The purpose of this research was to explore the perceived seriousness of crimes, such as abuse and neglect, committed against nonhuman animals. Drawing upon the methods of previous work on crime seriousness, it was hypothesized that perceptions of the harmfulness and wrongfulness of animal offenses would influence perceptions of seriousness, with wrongfulness being the most powerful predictor. A survey was administered to a sample of college students (n = 245), and the hypotheses were supported. The results also indicated that crimes against animals were ranked as more serious than property offenses but less serious than crimes against persons. Furthermore, the two predictors—harmfulness and wrongfulness—explained a greater amount of variance in the perceived seriousness of offenses against animals than for property or person offenses. Results are contextualized within policy and philosophical perspectives pertaining to how offenses against animals are viewed by society and addressed by the legal system.

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Bernuz Beneitez, María José, and María A. González-Álvarez. "La influencia del desarrollo moral de los adolescentes en su comportamiento antisocial autorreportado: El caso de las adolescentes (The influence of moral reasoning of adolescents in their self-reported antisocial behaviour: The case of girls)." Oñati Socio-legal Series 10, no. 2 (April 1, 2020): 489–512. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1081.

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El objetivo del presente artículo es analizar la relación entre el desarrollo moral de los adolescentes y sus comportamientos delictivos (auto-reportados) distinguiendo según si son conductas contra la propiedad, las personas, el orden, o la salud pública. Se utilizan datos de una encuesta realizada en 2012 en Aragón a 1.762 adolescentes entre 14 y 18 años. El estudio emplea el análisis de componentes principales para identificar la estructura interna de los datos de algunas de las distintas dimensiones del razonamiento moral de los adolescentes. El análisis de regresión múltiple muestra que una mayor penalización de conductas antisociales, tener a los adultos como figura de referencia y ser chica reducen la probabilidad de cometer un delito. Mientras que la (mayor) edad, la legitimación de la violencia y la sumisión y optar por mecanismos de prevención social incrementan significativamente el riesgo de delinquir. The aim of this paper is to analyze the relationship between moral development of adolescents and their antisocial behavior (self-reported) differentiating on the basis of the nature of the conduct, if it is against property, against people, against the order, or against public health. The data used comes from a survey conducted in 2012 in Aragon to 1,762 adolescents between 14 and 18 years of age. Principal component analysis is used to identify the internal structure of the data for the different dimensions of moral reasoning of adolescents (reasoning about the rightfulness of anti-social behaviors, tolerance towards violence, opinion about prevention mechanisms, and their figures of reference). The regression analysis shows that higher penalty of antisocial behavior, having adults as leading figures and being a girl reduce the probability of committing a crime. On the contrary, (higher) age, tolerance towards violence and submission, and a greater preference for social prevention mechanisms significantly increase the risk of being an offender.

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LeBlanc, Marc. "La réaction sociale à la délinquance juvénile." Acta Criminologica 4, no. 1 (January 19, 2006): 113–91. http://dx.doi.org/10.7202/017017ar.

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AbstractJUVENILE DELINQUENCY AND SOCIAL REACTIONThe object of this research is to define the process of social reaction to juvenile delinquency, as well as the criteria used by the agencies of social control in deciding what factors brand the adolescent a delinquent. Starting with self-reported delinquency, we follow its course within the system of social regulations practised by the public, the police and the courts.The data concern self-reported delinquency (measured by the questionnaire of Nye and Short on self-reported delinquency), delinquency officially known to the police, and the decisions taken by the police and judges with regard to delinquent acts. These data were gathered in five districts in Montreal, representing five social strata.The analysis of the stigma of delinquency showed that there is more chance of working-class subjects entering the juvenile justice system, above all where acquisitive and rebellious delinquency is concerned, especially in relation to the community, the family and sex. Among the middle and upper classes the stigma of delinquency is attached more to aggression and rebellion connected with automobiles and vandalism.As to the origins of social reaction ¦— the way in which an adolescent is admitted to the juvenile justice system .— the citizen reports offences against his person and property, while the police record offences against public order and morals.At the police level, the adolescent is returned to his home if it is a question of rebellion committed by a group between the ages of 12 and 15, whereas he is taken to court if his offence, reported by the citizen, is repeated and of a more serious nature. In the case of those taken to court, the adolescent is detained if he is a recidivist, and receives a summons if it is his first offence.The judges favor special measures in the case of rebelliousness, and no action at all (postponement sine die) in the case of aggression or theft by adolescents of the working class. A recidivist will be institutionalized for a serious infraction and treated within the community in the case of a less serious offence. Re-education in the community is given if the adolescent has been detained, and a fine if he has received a summons.The results clearly show that the characteristics of the delinquent acts are more important than the socioeconomic milieu in determining whatdecisions are taken. However, the socioeconomic milieu does influence admission into the juvenile justice system, as well as judicial reaction. Working-class subjects are given less attention than those from the middle and upper classes, postponement sine die is more often used in the working-class milieu, and fines, re-education within the community and institu-tionalization are more often applied to subjects of the middle and upper classes. Moreover, the margin of discretionary powers in decision making is, on the whole, rather narrow, which means that in the majority of cases, decisions can be explained by no other factors than the characteristics of the delinquent acts. This discretionary margin in decision making is narrow, both at the police and judicial levels, when a choice between particular measures must be made ; on the other hand, there is some leeway, since the judge must choose between postponement sine die and a particular measure. Finally, the course of the offence within the juvenile justice system reinforces the previous decisions through a process of amplification, which, as a consequence, penalizes working-class subjects to some extent.In short, delinquency is an adolescent phenomenon in general, but only a minority of infractions enter and continue to circulate within the juvenile justice system. The criteria for decision making are indeed socio-economic, but more often relate to the past history of the delinquent and the nature of his offence.

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Wagner, Kenneth, Stephen Owen, and Tod W. Burke. "Not Wild about Wildlife Protection? The Perceived Harmfulness, Wrongfulness, and Seriousness of Wildlife Crimes." Society & Animals 27, no. 4 (August 28, 2019): 383–402. http://dx.doi.org/10.1163/15685306-12341589.

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AbstractThe purpose of this research was to explore the perceived harmfulness, wrongfulness, and seriousness of wildlife crimes, such as illegal or unlicensed hunting or fishing. Research questions included how offenses against wildlife are perceived, compared to offenses against persons and property, and how perceptions of harmfulness and wrongfulness impact perceptions of wildlife offense seriousness. A survey modeled after previous studies of crime seriousness was administered to a college student sample. The results showed that wildlife offenses were ranked as less serious, harmful, and wrong than those against persons and property, and also less than those against companion animals and animals on farms. Perceived wrongfulness and harmfulness were significant predictors of perceived seriousness of wildlife offenses, with wrongfulness being the stronger predictor. Results are contextualized within theoretical frameworks that offer insights as to why wildlife crime is not viewed as seriously as other offense types.

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Makushev, Petro, and Andriy Khridochkin. "Problems of identifying subjective features of administrative offenses in the field of intellectual property." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (June 3, 2020): 77–84. http://dx.doi.org/10.31733/2078-3566-2020-2-77-84.

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The article deals with the problems of identifying subjective signs of an administrative offense in the field of intellectual property. It is determined that all structures of administrative offenses in the field of intellectual property are characterized by common subjective features (set of relevant entities (directly and the person who committed the offense) and subjective side (internal side of administrative offenses that covers the mental attitude of a person to the public the harmful act which it commits and its consequences). The subject of the administrative offense in the field of intellectual property is analyzed. The existing objective conditions of administrative liability of a legal entity for administrative offenses in the field of intellectual property are considered. The characteristic of the subjective side of the administrative offense in the field of intellectual property is given. It is emphasized that the subjective party to the administrative offenses in the field of intellectual property has mandatory and optional features. A mandatory feature of the subjective side of administrative offenses is wine. Optional features of the subjective side of administrative offenses in the field of intellectual property are the motive and purpose of the perpetrator. It has been established that in most cases the purpose of administrative offenses in the field of intellectual property coincides with its motives, although it sometimes takes on an independent meaning. It is proved that the administrative offenses in the field of intellectual property are committed solely for selfish reasons, and the purpose of the offense as the final result to which the offender seeks to commit this act is gain, illicit enrichment, public recognition, etc. Proposed ways to improve administrative responsibility for intellectual property offenses. The necessity of systematization of the national legislation on administrative responsibility for offenses in the field of intellectual property is emphasized. The necessity of adaptation of domestic legal acts in the field of intellectual property to the corresponding acts of the European Union, regulatory regulation of the problem of utilization of intellectual property objects, creation of a regulatory framework for the protection of intellectual property in the military and technical sphere are argued.

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Herzog, Sergio. "Public Perceptions of Crime Seriousness: A Comparison of Social Divisions in Israel." Israel Law Review 39, no. 1 (2006): 57–80. http://dx.doi.org/10.1017/s0021223700012917.

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Crime seriousness research indicates that respondents from varying social and cultural groups rank the perceived seriousness of offenses similarly, with violent offenses as the most serious, followed by property, economic, and victimless offenses. It has also consistently been found, however, that the specific ratings of offenses by respondents from different social groups often differ. Because Israel is considered a deeply divided society, this article focuses on the comparison of public perceptions of the seriousness of varied criminal offenses between respondents belonging to varying central social groups in the countiy. As expected, the findings show similar, albeit not identical, rankings of offenses and important differences in the rating of specific offenses across groups. These findings are interpreted in the context of the Israeli society.

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Dmitrašinović, Saša. "Criminal offenses in Sombor Police Administration practice." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 4 (2020): 1503–31. http://dx.doi.org/10.5937/zrpfns54-23465.

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Criminal act of robbery is incorporated in the Criminal Law of the Republic of Serbia by the Provision 206, Chapter XXI in the field of criminal act against property. It is a special type of property crime with elements of physical violence, in which force and threats are used as a means of committing a crime. Traditionally, the category of these offenses include multiple types of robberies, extortions and blackmails. The focus of this research is on the analysis of the complex phenomenology of robbery, which is in criminal practise dominantly seen in relation to other property crimes of physical violence. Specifically, the paper dominates the appearance of this crime and other phenomenological features in the criminal practice of the Sombor Police Department. By looking at the complex phenomenology of robbery, the crucial elements of a strategy for combating property crime with elements of violence are analyzed, as well as the key issue of selecting concrete measures and actions in police work.

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Rusanyuk, U. Y. "IMPROVING THE IMPLEMENTATION OF ADMINISTRATIVE AND LEGAL MEASURES FOR THE PREVENTION OF OFFENSES AGAINST OFFICIALS OF PUBLIC ADMINISTRATION BODIES." Legal horizons 33, no. 20 (2020): 88–94. http://dx.doi.org/10.21272/legalhorizons.2020.i20.p88.

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The article is devoted to the identification of ways of increasing the efficiency of the implementation of administrative and legal measures for the prevention of offenses by officials of public administration bodies. Ways to increase the efficiency of the implementation of administrative and legal measures for the prevention of offenses of officials of public administration bodies are differentiated into organizational, methodological, information, technical and legal. The article substantiates that organizational factors of increasing the efficiency of the implementation of administrative and legal measures for the prevention of offenses of officials of public administration are aimed at neutralizing and reducing the impact of the negative consequences of violation of the performance of official duties by these officials. Among the organizational ways of improving the efficiency of the implementation of administrative and legal measures for the prevention of offenses of officials of public administration, bodies are the improvement of the system of subjects of such activity, forms and methods of preventive work, coordination of their efforts in counteracting offenses in the system of public administration. It is determined that the key to improving the implementation of administrative and legal measures for the prevention of offenses of officials of public administration is the systematic development of methodological recommendations for subdivisions (officials) of public administration on the prevention of offenses of official nature, the implementation of special training for the purpose of training which may lead to the commission of offenses by an official. The article is devoted to the analysis of technical measures of prevention of offenses of officials of public administration bodies, covering special technologies, rules, means that prevent the occurrence of negative consequences in the process of social activity of people, committing offenses. The article substantiates that improving the implementation of administrative and legal measures for the prevention of offenses of officials of public administration requires the development of a clear regulatory framework for the neutralization of conditions that facilitate the commission of administrative offenses. Keywords: offenses, public administration bodies, officials, prevention of offenses, administrative and legal measures of prevention of offenses of public administration officials, counteraction to offenses.

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Vasylenko, Oleksandr. "Electronic payment system as an object of criminal encroachment." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 515–22. http://dx.doi.org/10.33663/0869-2491-2021-32-515-522.

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Introduction. In recent years, the number of payment transactions carried out using electronic payment systems has grown rapidly. Despite the steady growth of electronic payments among both individuals and legal entities, a number of problems remain unresolved, which primarily include ensuring the security of electronic payment transactions by the state at the legislative level and the development of effective means of combating and preventing crime. in the specified area. The current criminal legislation contains certain rules that can ensure the security of the electronic payment system. But insufficient research of some theoretical aspects of criminal liability for this type of criminal offenses significantly reduces the effectiveness of criminal law protection of this area of life. One such aspect is the theoretical uncertainty of the object that falls under the protection of criminal law. In particular, there is a lack of theoretical definition of the system of electronic payments in terms of the object, which is placed under the protection of criminal law. The aim of the article. The importance of the researched problems and the need to increase the efficiency of the current Criminal Code of Ukraine determine the purpose of this study, which is to define the concept of electronic payment system as an object of criminal protection. Results. Criminal offenses committed in the system of electronic payments belong to a qualitatively new type of mercenary crime in the banking sector, which is directly related to the modernization of economic relations in society. They cover the sphere of economic interests of the state as a whole, individual legal entities, as well as individuals who use the electronic payment system in their own interests. There is a need to develop a universal criminal law terminology in order to improve the regulatory framework governing relations in the field of electronic payments. Unfortunately, the definition of electronic payment system (electronic payment system) has not been properly developed either in the financial and economic sphere or in jurisprudence, and the existing definitions are not clear and contain a list of essential features of such systems. Conclusions. The system of electronic payments as an object of criminal encroachment - is regulated by law the order of public relations for the transfer of funds between participants in the payment system through a special payment mechanism, which is a set of methods, tools, methods to make calculations for effective and safe transfer of funds from the payer to the recipient in time and space and regulated by a special law and payment rules, are implemented on the basis of the contract against which the criminal encroachment is directed. This definition indicates the specifics of the electronic payment system as an object of crime, and also contains a list of all the most important features of this system, which will further contribute to the correct classification of crimes committed in this area.

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Ab Rahman, Azman, and Zulkifli Mohamad Albakri. "Sumpah dalam Kesalahan Qazaf Menurut Perspektif Islam." Journal of Fatwa Management and Research 2, no. 1 (October 23, 2018): 49–71. http://dx.doi.org/10.33102/jfatwa.vol2no1.117.

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The Concept of Islamic criminal law incorporates particular principles such as protecting the religion i.e Islam, preserving life and the sanctity of human soul, safeguarding the soundness of mind, preserving the heredity, property and dignity. In case of Qazaf (accusation against one's chastity), the reason behind this ruling is to protect the dignity of human being from wild slander and libel. As we are in the middle of information technology era, a number of people committing crimes have distinctly increased including Qazaf involving people's life, honor, and property. Surprisingly, this kind of crime has been widely spread for no specific purpose. According to Syariah law, any person who accuses other people committing zina or sodomy must provide with four witnesses otherwise he or she shall be inflicted with hadd for committing Qazaf. The issue in this matter is that: is it a requirement for the accuser, in the absence of witnesses, to apply oath to prove his or her accusation and does the aforementioned matter applied to the accused? This article is intended to explain the concept of oath, its legal injunction and its divisions according to Islamic law. Apart from that, it would also clarify particular situations which oath is permitted to be administered as a mean of proof, in the case of Allah's right or human's right. The authors intend to elucidate the definition of Qazaf and its application, offenses under Qazaf, the mode of proof, and other issues pertaining to sodomy. The finding of this study shows that oath could be applied to deny the allegation of committing zina or sodomy if the plaintiff makes a request to the judge ordering the defendant to administer oath in the absence of witnesses. This ruling could be found in Shafi'l school of law. Nevertheless, Imam Malik and Ahmad opined that oath could only be applied when it is related to human's right such as property but not to Allah's right for instance punishment for Qazaf. It is hope that the public would gain clear picture from this writing regarding with the concept of oath and Qazaf under Islamic perspective. Abstrak Konsep hukum jenayah yang ditetapkan dalam Islam mempunyai beberapa konsep tertentu iaitu menjaga nyawa dan kehormatan jiwa manusia, menjaga kewarasan akal, menjaga agama, menjaga keturunan dan zuriat serta menjaga harta benda. Begitu juga hukuman Qazaf, ia ditetapkan di dalam Islam berdasarkan kepada konsep untuk menjaga kehormatan jiwa manusia dan menjaga maruah seseorang. Pada zaman sains dan teknologi masa kini, kita dapat melihat dan sering mendengar pelbagai jenayah yang dilakukan oleh manusia sama ada yang melibatkan nyawa, maruah, harta benda dan sebagainya. Jenayah Qazaf merupakan jenayah yang semakin berleluasa pada masa kini yang dilakukan sama ada mempunyai tujuan yang tertentu atau sebaliknya. Mereka yang melakukan qazaf hendaklah mempunyai saksi bagi mensabitkan orang yang didakwa atau dituduh. Namun, apa yang berlaku sekarang ini, kebanyakan mereka yang melakukan jenayah qazaf tidak mempunyai saksi bagi mensabitkan kesalahan orang yang didakwa. Timbul persoalan, adakah orang yang melakukan kesalahan qazaf yang tidak mempunyai saksi perlu bersumpah ataupun orang yang didakwa dikehendaki bersumpah. Artikel ini bertujuan untuk mengetahui konsep sumpah, pensyariatannya dan pembahagiannya dalam Islam. Di samping itu, artikel ini akan menerangkan situasi- situasi tertentu yang mengharuskan sumpah dipakai sebagai kaedah pembuktian, sama ada yang melibatkan hak Allah ataupun hak manusia. Penulis juga akan menjelaskan pengertian qazaf, jenis-jenis kesalahan qazaf dan pengsabitan kesalahan qazaf serta isu yang melibatkan tuduhan melakukan liwat. Hasil daripada artikel ini penulis mendapati dalam mazhab Shafie sumpah boleh digunakan untuk menafikan tuduhan liwat ataupun zina jika pendakwa memohon daripada hakim supaya yang didakwa bersumpah disebabkan ketiadaan saksi. Walau bagaimanapun Imam Malik dan Ahmad berpendapat sebaliknya iaitu sumpah hanya boleh dilakukan apabila melibatkan hak manusia seperti mal, manakala hak Allah seperti hadd Qazaf tidak boleh dilakukan sumpah. Diharapkan artikel ini dapat memberikan gambaran dan pendedahan sebenar kepada masyarakat tentang konsep sumpah dan jenayah qazaf menurut perspektif Islam.

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van Kammen, Welmoet B., and Rolf Loeber. "Are Fluctuations in Delinquent Activities Related to the Onset and Offset in Juvenile Illegal Drug Use and Drug Dealing?" Journal of Drug Issues 24, no. 1 (January 1994): 9–24. http://dx.doi.org/10.1177/002204269402400102.

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The authors examine fluctuations in the type and rate of delinquency as a function of the onset, continuation, and discontinuation of illegal drug use and drug dealing. The study subjects included 506 urban adolescent males between the ages thirteen and fifteen, who were followed up over six half-yearly data waves. Previous involvement in property offenses increased the risk of the onset of illegal drug use, while previous involvement in both property and person-related offenses increased the risk of the onset of drug dealing. The onset of drug use or drug dealing was associated with an increase in person-related offenses and carrying a concealed weapon. Initiation of drug dealing was uniquely related to an increased frequency of property offenses, particularly car-related theft and fraud. Discontinuation of illegal drug use or drug dealing was associated with a decrease in delinquency.

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Grinevičiūtė, Kristina, and Iveta Vitkutė - Zvezdinienė. "Social and Legal Issues of Corporal Punishment of Children." Studia Prawnicze KUL, no. 4 (December 9, 2018): 93–104. http://dx.doi.org/10.31743/sp.4711.

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Research problem. A democratic state is guided by the rule of law and the principles of the human rights and freedoms. Ratifying the European Convention on Human Rights and The European Social Charter or Revised European Social Charter, Member States undertake to respect all people of their jurisdiction rights, including all children. The child is not the family or the state property. Child is a citizen from birth, so it is necessary to look seriously into each such member public offense. When we talk about the criminal cruelty, especially in serious case of child rights violation (murder, sexual assault, and so on), everyone unanimity agree, that no one member of the society cannot tolerate such child abuse. But society begins to split into different camps – from the positive approach into the sentence, to the punishment classification into violence-category - when the discussion is tilting about the child's upbringing without violence. This tendency is due to several reasons. First is that a deliberate arm lift against a child is the belief that slapping "educated" child will become better. Second, parenting is the natural values, or in other words, the right of parents to educate their children in their own training methods. The aim of this article is to provide legal assessment of corporal punishment of children for educational purposes. In order to achieve this aim will be analyse the position of legislator of corporal punishment of children for educational purposes; by analyse proposals and ideas regarding delimitation of corporal punishment, to single out the theories of corporal punishment of children for educational purposes in criminal law jurisprudence.

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Kingsbury, Mila, Zahra Clayborne, Ian Colman, and James B. Kirkbride. "The protective effect of neighbourhood social cohesion on adolescent mental health following stressful life events." Psychological Medicine 50, no. 8 (June 10, 2019): 1292–99. http://dx.doi.org/10.1017/s0033291719001235.

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AbstractBackgroundExposure to stressful life events is an established risk factor for the development of adolescent mental disorder. Growing evidence also suggests that neighbourhood social environments, including strong social cohesion, could have a protective effect on mental health. However, little is known about how neighbourhood social cohesion may buffer against the effects of stressful life events on adolescent mental health. Our aim was to assess whether neighbourhood social cohesion modifies the association between stressful life events and adolescent mental health outcomes.MethodsData were drawn from a nationally-representative prospective sample of Canadian adolescents, including 5183 adolescents aged 12/13 years at T1 and 14/15 years at T2. Caregivers reported neighbourhood social cohesion at T1, and exposure to stressful life events between T1 and T2. Symptoms of mental health and behaviour problems were self-reported by adolescents at T1 and T2. Multivariable logistic regression was used to determine whether the relationship between stressful life events and outcomes was modified by neighbourhood social cohesion.ResultsAssociations between stressful life events and adolescent outcomes were statistically significantly lower in neighbourhoods with greater social cohesion for: depression/anxiety (high cohesion OR = 0.98 v. low cohesion OR = 3.11), suicidal ideation (ORhigh = 1.30 v. ORlow = 5.25), aggression/conduct disorder (ORhigh = 1.09 v. ORlow = 4.27), and property offence (ORhigh = 1.21 v. ORlow = 4.21).ConclusionsGreater neighbourhood social cohesion appeared to buffer the effects of stressful life events on several domains of adolescent mental health. This potentially presents a target for public health intervention to improve adolescent mental health and behavioural outcomes.

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Koh, Harold Hongju. "The Case Against Military Commissions." American Journal of International Law 96, no. 2 (April 2002): 337–44. http://dx.doi.org/10.2307/2693928.

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In January 2002, Zacarias Moussaoui, a French national of Moroccan descent, pleaded not guilty in Virginia federal court to six counts of conspiring to commit acts of international terrorism in connection with the September 11 attacks on the Pentagon and the World Trade Center. In other times, it would have seemed unremarkable for someone charged with conspiring to murder American citizens and destroy American property on American soil to be tried in a U.S. civilian court. More than two centuries ago, Article I, Section 8, Clause 10 of the United States Constitution granted Congress the power to "define and punish Piracies, Felonies committed on the High Seas, and Offenses against the Law of Nations," a power that Congress immediately exercised by criminalizing piracy, the eighteenth-century version of modern terrorism. Since then, Congress has criminalized numerous other international offenses. In recent decades, United States courts have decided criminal cases convicting international hijackers, terrorists, and drug smugglers, as well as a string of well-publicized civil lawsuits adjudicating gross human rights violations. Most pertinent, federal prosecutors have successfully tried and convicted in U.S. courts numerous members of Al Qaeda, the very terrorist group charged with planning the September 11 attacks, for earlier attacks on the World Trade Center and the U.S. embassies in Tanzania and Kenya.

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Tymoshenko, Yu A. "Public Opinion and the Criminalization of Environmental Offenses." Russian Journal of Legal Studies 3, no. 4 (December 15, 2016): 104–7. http://dx.doi.org/10.17816/rjls18212.

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The article deals with the consideration of public opinion in the criminalization of environmental offenses, given the results of a questionnaire survey of the population to assess the status of environmental protection, the degree of public danger of the crimes of various groups, including environmental, concerns about their protection against illegal encroachments on the ecological safety. Attention is drawn to the fact that the results obtained can be used in solving the issue of criminalization of illegal encroachments on the environment.

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Spirchagov, G. S. "Administrative a responsibility for offenses against orderof implementation public and municipal purchases: problems enforcement practices." Russian competition law and economy, no. 2 (June 30, 2018): 52–57. http://dx.doi.org/10.32686/2542-0259-2018-2-52-57.

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The concept and classiﬁcation of administrative offenses against the procedure for the implementation of state and municipal procurement, of the corresponding law enforcement practice on the example of Ulyanov-region. The interrelated interpretation of the relevant norms and the practice of their application by the Constitutional Court of the Russian Federation, the Verkhovna the Russian Federation, the Ministry of Economic Development of Russia, and the Federal Antimonopoly Service of Russia. The problem of the insigniﬁcance of administrative offenses is analyzed of the corresponding type, having a formal composition.

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Edwards, Susan SM. "Consent and the ‘Rough Sex’ Defence in Rape, Murder, Manslaughter and Gross Negligence." Journal of Criminal Law 84, no. 4 (July 24, 2020): 293–311. http://dx.doi.org/10.1177/0022018320943056.

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When women die at the hands of men, a not infrequent defence is that she consented to, or initiated, the beating, strangulation and penetration which contributed to her death. While strangulation has been a typical method of killing in male on female intimate partner homicide 1 for many decades (‘thou little recognised), what has changed is men’s excuses for their violence. Excuses such as ‘She made me lose my self-control in an argument’ or ‘She was unfaithful to me’ are being supplanted by ‘She consented to rough sex’. 2 Since the dead cannot speak, nor is there any property in the dead, the defendant’s tactic of impugning the deceased’s character cannot be easily rebutted, and he, while maligning her in this way, may profit from a lighter sentence. Law reformers, politicians, academics and activists 3 are pressing for legal reform to shut down this misogyny. On 16 June 2020, during the Public Committee stage of the Domestic Abuse Bill, 4 cls 4 and 5 were approved. Clause 4, ‘No defence for consent to death’, provides ‘(1) If a person (“A”) wounds, assaults or asphyxiates another person (“B”) to whom they are personally connected as defined in section 2 of this Act causing death, it is not a defence to a prosecution that B consented to the infliction of injury. (2) Subsection (1) applies whether or not the death occurred in the course of a sadomasochistic encounter’. Clause 5, ‘No defence for consent to injury’, provides ‘(1) If a person (“A”) wounds, assaults or asphyxiates another person (“B”) to whom they are personally connected as defined in section 2 of this Act causing actual bodily harm or more serious injury, it is not a defence to a prosecution that B consented to the infliction of injury or asphyxiation. (2) Subsection (1) applies whether or not the actual bodily harm, non-fatal strangulation, or more serious injury occurred in the course of a sadomasochistic encounter’. These two new clauses would prevent the alleged consent of the victim from being used as a defence to a prosecution in intimate partner homicides and non-fatal assault which result in s 47 assault occasioning actual bodily harm, Offences Against the Person Act 1861, or more serious injury. Additional new clauses including, proposing that consent of the Director of Public Prosecutions would be required, in the case of death, to accept a charge to anything less than murder (cl 6); the requirement to consult with the family of the deceased regarding charges (cl 7); the prohibition of reference to sexual history of the deceased in domestic homicide trials (cl 10); anonymity of victims of domestic homicide (cl 11); and anonymity of domestic violence survivors (cl 14); the Parliamentary Under-Secretary of State for Justice (Alex Chalk), while sympathetic, said there were difficulties with the clauses in their present form. 5 Of the proposal to make non-fatal strangulation 6 (cl 8) a standalone offence, he considered that ‘creating a new offence could limit the circumstances covered, and create additional evidential burdens’. 7 These motions reflect the several debates since October 2019, when MPs, Harriet Harman and Mark Garnier, introduced the ‘No defence for consent’ amendment to the second reading of the Domestic Abuse Bill. 8 Since men also plead the ‘sexual consent defence’ on ‘first dates’, which may fall outside the definition of ‘domestic abuse’ as set out in the Bill, 9 a loophole also recognised by Alex Chalk at the Public Committee stage, 16 June 2020, this too will be addressed. 10 The murder of Grace Millane, in New Zealand 11 in 2018, murdered on a ‘first date’ provides such an example.

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Fedulov, Igor N., and Sergey S. Kvach. "Anti-corruption in the Russian Federation: current state and prospects." Yugra State University Bulletin 15, no. 3 (January 11, 2020): 26–31. http://dx.doi.org/10.17816/byusu2019326-31.

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The subject of the article is the analysis of three main aspects of the fight against corruption: the prevention of corruption, the fight against corruption and minimizing the consequences of corruption offenses. Separate gaps in the legislation affecting the effectiveness of anti-corruption, mechanisms of interaction between government, business and society, which have as their goal the prevention of corruption, are examined. The role of civil society institutions in the fight against corruption, as well as the influence of the media on the perception of the image of a corrupt official, is examined. The problem of criminalizing the liability of legal entities for corruption offenses, the problem of applying such a criminal law measure as confiscation of the property of a corrupt official are touched upon. Briefly discussed are the possibilities of transferring to the legal field some aspects of corruption in the form of organizing lobbying activities. The authors also consider aspects of minimizing the social consequences of corruption.

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Ruback, R. Barry, Jennifer N. Shaffer, and Melissa A. Logue. "The Imposition and Effects of Restitution in Four Pennsylvania Counties: Effects of Size of County and Specialized Collection Units." Crime & Delinquency 50, no. 2 (April 2004): 168–88. http://dx.doi.org/10.1177/0011128703258943.

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This study examined court records, probation records, and collection office records in four counties in Pennsylvania, which were chosen because they varied along two dimensions: (a) population size and (b) the use of specialized units for the collection of monetary sanctions. From each county, restitution-eligible cases were sampled from both 1994 and 1996 to test the effect of a 1995 statutory change mandating restitution. Multivariate models indicated that restitution was significantly more likely to be ordered for property crimes, for offenses that were more easily quantified, for offenses against businesses, and for offenses after the statutory change. Moreover, restitution was more likely to be imposed and a higher percentage was likely to be paid in counties with smaller populations and in counties in which probation officers handled the collection of economic sanctions than in counties in which they were handled by specialized collection units.

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Задирака, Н. Ю. "Anthropocentric dimension of mechanism for implementing liability of public administration for offenses regarding use of public property." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 4(40) (December 10, 2018): 109–14. http://dx.doi.org/10.20535/2308-5053.2018.4(40).194357.

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Makin, David A., Dale W. Willits, Guangzhen Wu, Kathryn O. DuBois, Ruibin Lu, Mary K. Stohr, Wendy Koslicki, et al. "Marijuana Legalization and Crime Clearance Rates: Testing Proponent Assertions in Colorado and Washington State." Police Quarterly 22, no. 1 (July 4, 2018): 31–55. http://dx.doi.org/10.1177/1098611118786255.

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The legalization of recreational cannabis in Washington state (I-502) and Colorado (A-64) created a natural experiment with ancillary unknowns. Of these unknowns, one of the more heavily debated is that of the potential effects on public health and safety. Specific to public safety, advocates of legalization expected improvements in police effectiveness through the reduction in police time and attention to cannabis offenses, thus allowing them to reallocate resources to more serious offenses. Using 2010 to 2015 Uniform Crime Reports data, the research undertakes interrupted time-series analysis on the offenses known to be cleared by arrest to create monthly counts of violent and property crime clearance rate as well as disaggregated counts by crime type. Findings suggest no negative effects of legalization on crime clearance rates. Moreover, evidence suggests some crime clearance rates have improved. Our findings suggest legalization has resulted in improvements in some clearance rates.

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Jory, Brian, William Fleming, and David Burton. "Characteristics of Juvenile Offenders Admitting to Sexual Activity with Nonhuman Animals." Society & Animals 10, no. 1 (2002): 31–45. http://dx.doi.org/10.1163/156853002760030860.

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AbstractThis study compared the family characteristics, victimization histories, and number of perpetration offenses of juvenile offenders who admitted to having had sex with animals to juvenile offenders who did not. The study found that 96% of the juveniles who had engaged in sex with nonhuman animals also admitted to sex offenses against humans and reported more offenses against humans than other sex offenders their same age and race. Those juveniles who had engaged in sex with animals were similar to other sex offenders in that they also came from families with less affirming and more incendiary communication, lower attachment, less adaptability, and less positive environments. Those juveniles who had engaged in sex with animals reported victimization histories with more emotional abuse and neglect and a higher number of victimization events than other offenders. This would seem to indicate that sex with animals may be an important indicator of potential or co-occurring sex offenses against humans and may be a sign of severe family dysfunction and abuse that should be addressed in the arenas of psychological intervention, juvenile justice programs, and public policy.

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Journal articles on the topic 'Offenses against public property'

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