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Journal articles on the topic 'Security measures (Criminal Law)'
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1
Shpiliarevych, V. V. "Security Measures In Ukraine’ Criminal And Criminal Procedure Law." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 195–205. http://dx.doi.org/10.15330/apiclu.51.195-205.
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The article is dedicated to the study of security measures in criminal and criminal procedural law of Ukraine. Determined by the influence of integration and globalization processes, there is a tendency of convergence of various branches of law, including criminal and criminal procedural law. Therefore, the implementation of a modern effective policy in the field of crime prevention in Ukraine requires an improvement of existing preventive measures and development of new ones, both at the international and national levels. That is why, criminal and criminal procedure measures, namely security measures, play an important role in ensuring the protection of a person's interests against internal and external threats.
In particular, criminal-law security measures should be understood as a variety of measures of criminal nature, provided by the Criminal Code of Ukraine, which appliedn to a person, which is in «dangerous state», on behalf of the state on by reasonable court decision, in order to prevent the re-committing of a socially dangerous act, which predicted by the Special Part of the Criminal Code of Ukraine.
From a criminal procedural point of view, security measures (measures to ensure the safety of participants in criminal proceedings) - is the implementation of legal, organizational, technical and other measures aimed to protect life, health, housing, property, honor and dignity of a person against unlawful attacks, in order to create the necessary conditions for the proper administration of justice.
As a conclusion, the author states that the security measures existing in the criminal law of Ukraine differ from the security measures of criminal procedural character, by its nature, system, subjects to which such measures are applied, the purposes and aims of its application.
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Matvejevs, Aleksandrs. "PUBLIC SECURITY AND PREVENTIVE MEASURES IN POLICE LAW." Administrative and Criminal Justice 2, no. 79 (June 30, 2017): 4. http://dx.doi.org/10.17770/acj.v2i79.2812.
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Crime prevention involves activities that seek to prevent crime and offending before it occurs. It includes activities which address fear of crime. The prevention of crime requires individuals, communities, business, community organizations and all levels of government to work together. Crime prevention can reduce the long term costs associated with the criminal justice system and the costs of crime, both economic and social, and can achieve a significant return on investment in terms of savings in justice, welfare, health care, and the protection of social and human capital. A safe and secure society is an important foundation for the delivery of other key services. Community safety and security is a prerequisite for sound economic growth through continuing business investment as well as community well-being and cohesion.
3
Romtsiv, O. I. "The features of the ensure the security of people involved in criminal proceedings in Ukraine." Legal horizons, no. 23 (2020): 68–72. http://dx.doi.org/10.21272/legalhorizons.2020.i23.p68.
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The article analyzes institute of the security assurance for people involved in criminal proceedings. It is established that despite the significant contribution made to solve important issues of this institute, the legal regulation of the process of security assurance for participants in criminal proceedings, as well as the mechanism of such assurance practically need immediate improvement, modernization, and further comprehensive research. Based on the analysis of the current state of security of participants in criminal proceedings, the reasons that affect the efficiency of such activities and measures to eliminate them, namely: financing of programs to ensure the security for people involved in criminal proceedings (creating a separate state fund through financial penalties for damages caused by crimes and funds that criminals make on bail); organizational support (establishment of appropriate terms of security measures, professional training of law enforcement officers who carry out security measures); establishing proper interaction between entities that protect such persons, etc. By analyzing these problems, we can conclude that they mainly lie in three major areas: legal, economic and organizational. The drawbacks in the legal mechanism for security ensuring for people involved in criminal proceedings in Ukraine are highlighted; the necessity and ways of improvement of the legislation in this area taking into account the world standards are substantiated. In this regard, we propose to at least supplement the CPC of Ukraine with a separate Chapter 10-1, setting it out as follows: “Application of procedural and special measures for the security of people involved in criminal proceedings”. It is also proposed that to ensure the security of people involved in criminal proceedings, it is necessary to create a special structural unit in the law enforcement system of Ukraine.
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Stepanov, Oleg, and Denis Pechegin. "Criminal law measures of ensuring the security of the crypto sphere." Bratislava Law Review 3, no. 1 (June 30, 2019): 155–62. http://dx.doi.org/10.46282/blr.2019.3.1.138.
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In the first issue of the Bratislava Law Review magazine for 2018, our article addressed the problem of legal regulation of relations related to the crypto sphere “Failure to repatiate funds in foreign currency from abroad and modern issues of currency regulation” was published. In December 2017, Bitcoin predicted the cost of $ 40 – $ 100 thousand. However, in 2018, the situation changed-the Bitcoin exchange rate began to lose from $ 0.5 to $ 1 thousand per day, and its market capitalization fell to $ 70 billion. The crisis of the crypto market has affected not only the capitalization of cryptocurrencies, but also the issues of legal regulation of relations associated with its use. Currently, only three countries – Sweden, the Netherlands and Japan – recognize cryptocurrency as a legal means of payment. In Spain, the cryptocurrency is classified as an electronic means of payment only in relation to the gaming business. The legislation of Germany, as well as Finland, allows to classify cryptocurrencies as financial instruments. In China, Singapore and Norway cryptocurrency is considered as a financial asset in the US – as property, i.e. developed countries are in no hurry to equate cryptocurrency to means of payment. In Russia, the use of cryptocurrencies is not regulated by any rules, but there is no legislation prohibiting the circulation of cryptocurrencies as means of payment. At the same time, the draft bill “On digital nancial assets”, designed to regulate financial relations in the crypto sphere, completely excludes the issues of mining and circulation of existing crypto-currencies. However, new electronic entities carry certain risks associated with their turnover. In this regard, many States seek to develop mechanisms to ensure the security of actions in the new crypto sphere of legal relations before the direct legalization of cryptocurrencies and other modern electronic entities. The purpose of the article is to analyze the approaches related to the security of the crypto sphere in modern society by criminal law measures taking into account foreign experience.
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Lanshakov, D. S. "CRIMINAL PROCEDURAL PROBLEMS IN IMPROVING LEGISLATION TO COUNTERACT THE DISCLOSURE OF INFORMATION ON MEASURES TO PROTECT INDIVIDUALS IN CRIMINAL PROCEEDINGS." Bulletin of Udmurt University. Series Economics and Law 30, no. 1 (March 2, 2020): 99–104. http://dx.doi.org/10.35634/2412-9593-2020-30-1-99-104.
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The improvement of the security process of citizens' participation in a criminal case is guaranteed by various legal means, among which the legal protection on the basis of Federal Law No. 45-FZ “On state protection of judges, law enforcement and supervisory authorities” and Federal Law No. 119-FZ “On state protection of victims, witnesses and other participants in criminal proceedings” holds a special place. The criminal legislation of the Russian Federation provides for an independent Article 311, which establishes criminal liability for disclosing information on security measures of participants in criminal proceedings. In law enforcement practice, there are problems of initiating criminal cases of this category and their subsequent investigation. The subject of evidence in a criminal case instituted on the grounds of corpus delicti provided for in Article 311 of the Criminal Code of the Russian Federation includes a body of information of a different nature. It is specific to the problem of delimiting the characteristics of Article 311 of the Criminal Code of the Russian Federation from the signs contained in Article 310 of the Criminal Code of the Russian Federation. In addition, at the stage of criminal proceedings, the absence of an administratively punishable misconduct should be determined. Among the criminal procedural measures to counteract the disclosure of information about security measures, it is necessary to single out, first of all, a warning to participants in criminal proceedings to prevent the disclosure of information on security measures, by analogy to Article 161 of the Code of Criminal Procedure of the Russian Federation. The article substantiates the need to highlight a new Art. 161.1 of the Code of Criminal Procedure of the Russian Federation “Inadmissibility of disclosure of data on security measures for participants in criminal proceedings” and the author's version of this rule is proposed. In addition, an analysis of other criminal procedural means of counteracting the disclosure of this property is presented.
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Klein, Lloyd, Joan Luxenburg, and Marianna King. "Perceived Neighborhood Crime and the Impact of Private Security." Crime & Delinquency 35, no. 3 (July 1989): 365–77. http://dx.doi.org/10.1177/0011128789035003004.
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Citizens and businesses have generally rejected the expectation that criminal justice authorities can successfully achieve their delegated responsibility of protecting life and property. These people have employed alternative measures in securing desired safety from criminal victimization. This article focuses upon the following concerns: (1) the growth and impact of private security, (2) the significance of private policing as reflected in citizen attitudes toward crime prevention measures, (3) the model implementation of private security in an urban community, and (4) alternatives as reflected by the impact of the Guardian Angels and other citizen patrol efforts in anticrime programs versus the employment of private security firms.
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Stojanovic, Zoran. "Criminal law and mental illness." Sociologija 57, no. 2 (2015): 219–30. http://dx.doi.org/10.2298/soc1502219s.
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The paper deals with the problem of criminal law reaction to behavior of mentally ill, insane offenders who violate or threaten the criminal law protected values. To the preliminary question of whether the criminal reaction is generally justified in regard to quasi-criminal acts of mentally ill persons (which are not criminal in the true sense because they lack mens rea which is a constituent element of each offense), the answer is still yes. There are no other, more appropriate forms of social control, or other legal mechanisms that could more effectively than the criminal law, while respecting the safeguards that have become indispensable in criminal law, protect important goods of the individual or society from the harmful behavior of mentally ill persons. Although the entire criminal law is based on guilt and the subjective attitude of the offender towards the criminal offense for which he is exposed to the social-ethical reprimand, it is excluded in case of mentally ill, insane offenders and implementation of appropriate security measures. Capabilities of criminal law in performing a protective function relative to mentally ill offenders are certainly more modest than in case of perpetrators who can be held accountable. The entire general prevention (whether positive or negative) underlying protective function of criminal law, is almost inconceivable in relation to potential offenders who are mentally ill. Available options are reduced to detention and psychiatric treatment of the mentally ill offender. The application of security measures to insane, mentally ill persons is limited, therefore, mainly to certain aspects of special prevention. Even exercising social control through criminal law differs, significantly, depending on whether we talk about incompetent, mentally ill persons or those who have normal mental abilities.
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Gracheva, Yu V., and A. A. Aryamov. "Robotization and Artificial Intelligence: Criminal Law Risks in the Field of Public Security." Actual Problems of Russian Law 15, no. 6 (July 11, 2020): 169–78. http://dx.doi.org/10.17803/1994-1471.2020.115.6.169-178.
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Large-scale robotization is becoming one of the challenges of modern society. Jurisprudence in general and criminal law in particular cannot remain aloof from the challenges associated with the introduction of artificial intelligence in all spheres of public life. The process of forming the legal space has begun, but there is no comprehensive approach to solving the problem, since scientists consider robots within the framework of only those social relations that are part of the subject of the relevant branch of law. In this regard, there is a lag in the development, for example, of criminal law norms, since the process of determining the civil law status of a robot is not completed, and the construction of the concept of criminal law risks in robotics and artificial intelligence depends on it. The paper attempts to describe the criminal legal risks of using robotics and artificial intelligence for public security, to assess the available criminal legal means of counteracting the onset of socially dangerous consequences in the absence of adequate measures, to propose directions for improving the Criminal Code of the Russian Federation.
9
Efremova, M. А. "International Legal Basis of Criminal Law Protection of Information Security." Pravosudie / Justice 2, no. 1 (March 19, 2020): 82–98. http://dx.doi.org/10.37399/issn2686-9241.2020.1.82-98.
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Introduction. One of the components of the national security of the Russian Federation is information security. In the context of the information society in the Russian Federation, the role of the information component of national security has increased significantly. There are new challenges and threats to the information security of the Russian Federation, which require the reaction of the legislator. However, the conditions of globalization require States to take joint measures to address such a complex problem as information security. Consequently, international information security cannot be achieved by a single state. It is necessary to consolidate efforts and develop a uniform approach to this issue. Theoretical Basis. Methods. The Information society is characterized by a high level of development of information and communication technologies and their use in almost all spheres of life. The emergence of the global information society, the increased role of information and information and communication technologies have stimulated the adoption of a number of international legal instruments in this area. In addition, a number of other guidance documents have been developed and adopted that define the ways and directions of law-making and cooperation at the level of regional organizations. Their distinctive feature was the realization of the lack of unified and clear conceptual and categorical apparatus. This also applies to the concept of “information security”, a unified approach to the understanding of which is not available at the international level. General scientific methods (materialistic dialectics) and private scientific methods: formallogical, comparative-legal, historical-legal. Results. Currently, at the international level, there is not only no legal act regulating issues in the field of criminal law protection of information security, but also there is no common understanding of information security, its main threats of possible joint measures to prevent and eliminate them. Discussion and Conclusion. As the interstate information confrontation will continue and gain new momentum, there is an urgent need for the adoption of an international legal act aimed at the criminal law protection of information security, containing the classification of crimes against information security and recommendations to States on the criminalization of acts against information security in national legislation.
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Efremova, M. А. "International Legal Basis of Criminal Law Protection of Information Security." Pravosudie / Justice 2, no. 1 (March 19, 2020): 82–98. http://dx.doi.org/10.37399/issn2686-9241.2020.1.82-98.
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Introduction. One of the components of the national security of the Russian Federation is information security. In the context of the information society in the Russian Federation, the role of the information component of national security has increased significantly. There are new challenges and threats to the information security of the Russian Federation, which require the reaction of the legislator. However, the conditions of globalization require States to take joint measures to address such a complex problem as information security. Consequently, international information security cannot be achieved by a single state. It is necessary to consolidate efforts and develop a uniform approach to this issue. Theoretical Basis. Methods. The Information society is characterized by a high level of development of information and communication technologies and their use in almost all spheres of life. The emergence of the global information society, the increased role of information and information and communication technologies have stimulated the adoption of a number of international legal instruments in this area. In addition, a number of other guidance documents have been developed and adopted that define the ways and directions of law-making and cooperation at the level of regional organizations. Their distinctive feature was the realization of the lack of unified and clear conceptual and categorical apparatus. This also applies to the concept of “information security”, a unified approach to the understanding of which is not available at the international level. General scientific methods (materialistic dialectics) and private scientific methods: formallogical, comparative-legal, historical-legal. Results. Currently, at the international level, there is not only no legal act regulating issues in the field of criminal law protection of information security, but also there is no common understanding of information security, its main threats of possible joint measures to prevent and eliminate them. Discussion and Conclusion. As the interstate information confrontation will continue and gain new momentum, there is an urgent need for the adoption of an international legal act aimed at the criminal law protection of information security, containing the classification of crimes against information security and recommendations to States on the criminalization of acts against information security in national legislation.
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ZHOLZHAKSYNOV, Zhandos Bahtybaevich. "Criminal Law Measures to Combat Violent Crimes: International Experience and National Trends." Journal of Advanced Research in Law and Economics 9, no. 1 (September 27, 2018): 352. http://dx.doi.org/10.14505//jarle.v9.1(31).41.
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The article is devoted to criminal law measures to resist criminal abuses related to violence. In modern society, the protection of individual rights and freedoms is one of the most important tasks. Within this task, the most critical issue is that of protection of the individual from criminal violence by criminal law measures. The problems of violent crime, despite all measures taken by the state and society, do not go into the past, but become relevant for modern society. Without exaggeration, they represent a social disaster that threatens the security of the individual, society and the state. The purpose of the article is to analyze the criminal law methods of combating violent crime, to study the criminal provisions relating to the use of violence in Kazakhstan's national criminal legislation and legislation in a number of foreign countries. The article examines the opinions of scientists on the nature and characteristics of criminal violence, the criminal law of Kazakhstan and the legislation of a number of foreign countries in terms of violent crimes, formulates conclusions and sets out the recommendations for the further improvement of the criminal protection of the individual against violent endeavors. On the basis of an examination of the theoretical material and experience of foreign countries in the field of countering violent crime, the author suggested ways of counteracting the mentioned crime, suggesting further improvement of the criminal legislation of the Republic of Kazakhstan, in the sphere of protecting the individual from criminal violence. The main provisions and conclusions of the article can be used in science and practice in addressing crime prevention, comparative characteristics of the criminal regulations regarding violence in Kazakhstan and foreign countries, as well as the subsequent reform of the criminal law in the field of the physical integrity of the individual.
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Mrvic-Petrovic, Natasa. "Position of persons with mental disorders in penal law." Temida 10, no. 3 (2007): 39–46. http://dx.doi.org/10.2298/tem0703039m.
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In penal law, persons with mental disorders most often receive attention as potential perpetrators of criminal acts. Persons who commit unlawful act provided under law as a criminal offence in the state of mental incompetence are subjected to a primary sanction - security measure of compulsory psychiatric treatment and confinement in a medical institution. This measure, as well as the security measure of compulsory psychiatric treatment at liberty may be also ordered to a person who committed a criminal offence in a state of substantially impaired mental capacity. In the new Serbian Penal Code 2005 few changes has been done respecting the conditions for imposing the security measures of compulsory psychiatric treatment and confinement in a medical institution and compulsory treatment at liberty, even though these provisions needed to be brought into accord with the changed concept of guilt. Especially, these changes are not properly expressed in the new Code of Criminal Procedure (special procedure for application of security measures). It is therefore even more distinct the contradictory position of a mentally incompetent person accused of a crime. One way of solving this issue, supported by the author, includes a separate legislation on protection of persons with mental disorders (including those persons who, in the state of mental incompetence, commit unlawful acts provided under law as criminal offences). The position of persons in the state of substantially impaired mental capacity does not need necessarily to be changed, since their guilt is not excluded. The entire complexity of protection of these persons? human rights is additionally pointed out in the section referring to execution of security measure of compulsory treatment and confinement in a medical institution, which naturally includes deprivation of liberty and compulsory psychiatric treatment.
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Markevičius, Edgaras. "Restrictions of Criminal Intelligence Measures in Law Enforcement Directive and Law on Criminal Intelligence of Lithuania." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 3, no. 18 (2020): 81–88. http://dx.doi.org/10.25143/socr.18.2020.3.081-088.
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Increasing use of technologies in the last decades has created an unprecedented opportunity to systematically collect and use a wide variety of data (including personal data) for different purposes. Information and data collected and processed with the help of new technologies is used not only for the purposes of natural and legal persons but also for various other purposes. Intelligence services that ensure prevention of crime must perform their functions to ensure safety of public. When doing so, they use various means and methods of information collection, which help them to reach their goals. However, the means applied undermine and intensively restrict a person’s right to private life. Given that two legal interests compete during the application of criminal intelligence measures, i.e. the individual’s right to privacy and ensuring of public security, the Author seeks to analyse their points of contact – restrictions of application of criminal intelligence measures, which in theory are designed to ensure the person’s right to private life. In this article, the Author analyses the restrictions on the application of criminal intelligence measures, which are present in international, Lithuanian legislation and compares them with relevant requirements set forth in the practice of European Union Court of Justice. Pieaugošā tehnoloģiju izmantošana pēdējās desmitgadēs ir radījusi nepieredzētu iespēju sistemātiski ievākt un izmantot ļoti dažādus datus (ieskaitot personas datus) dažādiem mērķiem. Informācija un dati, kas ievākti un apstrādāti ar jauno tehnoloģiju palīdzību, tiek izmantoti ne tikai fizisko un juridisko personu vajadzībām, bet arī dažādiem citiem mērķiem. Izlūkošanas dienestiem, kas nodrošina noziedzības novēršanu, jāveic savas funkcijas, lai nodrošinātu sabiedrības drošību. To darot, viņi izmanto dažādus informācijas vākšanas līdzekļus un metodes, kas viņiem palīdz sasniegt savus mērķus. Tomēr izmantotie līdzekļi nereti grauj un intensīvi ierobežo personu tiesības uz privāto dzīvi. Tā kā kriminālizlūkošanas pasākumu piemērošanā sacenšas divas likumīgas intereses – personas tiesības uz privātumu un sabiedrības drošības nodrošināšana –, autore cenšas analizēt to saskares punktu – kriminālizlūkošanas pasākumu piemērošanas – ierobežojumus, kas teorētiski ir izstrādāti, lai nodrošinātu personas tiesības uz privāto dzīvi. Šajā rakstā autore ir izvēlējusies analizēt kriminālizlūkošanas pasākumu piemērošanas ierobežojumus: (1) obligāta iepriekšēja kontrole (sankcija) noteiktam kriminālizlūkošanas pasākumam, ko veic tiesa vai neatkarīga administratīva vienība; (2) kriminālizlūkošanas pasākumu ilguma ierobežošana; (3) kriminālizlūkošanas pasākumu samērīgums. Rakstā secināts, ka, kaut arī šie kriminālās izlūkošanas piemērošanas ierobežojumi likuma izpildes direktīvā parasti nepastāv, tie ir ietverti Lietuvas Republikas likumā par kriminālo izlūkošanu. Tomēr ar tiem var viegli manipulēt un tie nenodrošina tiesības uz privātās dzīves efektīvu aizsardzību.
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Jovašević, Dragan. "The system of penalties against property in the criminal law of Serbia and Montenegro." Glasnik Advokatske komore Vojvodine 77, no. 10 (2005): 613–28. http://dx.doi.org/10.5937/gakv0512613j.
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Different criminal legal systems set forth different methods and measures in prevention and abolition of crime in general, and particularly crime against property, which prevails in the structure of contemporary crime. Criminal penalties are among them based on the-k Battue, character, effect and significance. Considering specific character of criminal acts against property and their offenders, the law provides for the specific types of penalties: penalties - fine and confiscation of property and security measure-confiscation of item, which have both repressive and extremely preventive character. This paper examines the concept, features and characteristics of these criminal law measures both in our and in foreign criminal legal systems.
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Zajcew, Oleg, and Aleksander Yepikhin. "The Subject Matter of Criminal Evidence Relating to the Disclosure of Information on Security Measures Applicable to Law Enforcement or Control Officials." Internal Security 10, no. 1 (November 27, 2018): 261–70. http://dx.doi.org/10.5604/01.3001.0012.7526.
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The article analyses the characteristics of the subject of evidence (Article 73 of the Penal Code of the Russian Federation) of objective and subjective characteristics of crime, which are listed in Article 320 of the Penal Code of the Russian Federation. Considerable attention has been given to the establishment of criminal sanctions for the disclosure of information on security measures towards law enforcement or control officials as an important guarantee of the stability of the Russian management system and legal protection activities. The characteristics of the subject-matter of the evidence in criminal matters under investigation are expressed in the need to establish objective and subjective grounds for disclosing information on security measures in the course of criminal proceedings against law enforcement or control officials. The state protection measures themselves are defined by separate regulations and are applied in the process of criminal proceedings and in the presence of evidence. However, this complex and multifaceted security process could be seriously undermined by the‘leak’ of classified security information. In case of such illegal disclosure, the penalty is defined in Article 320 of the Penal Code of the Russian Federation. The authors draw attention to the existence of a direct or indirect relationship between the unauthorised activity and performing state service in legal protection bodies, as well as the need to prove the intention to commit this crime and the awareness of not disclosing secret information to unauthorized persons who do not have formal access to the above information. The authors conclude that the implementation of criminal evidence proceedings for the criminal case of the offence under Article 320 of the Penal Code of the Russian Federation needs to be improved at this stage in order to increase the effectiveness and security of the protection of judges, law enforcement and control officials in Russia.
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Матюшкова, Т. П. "Ensuring Security for the Participants of Criminal Proceedings: Forensic Aspects." Law and Safety 79, no. 4 (December 14, 2020): 73–78. http://dx.doi.org/10.32631/pb.2020.4.11.
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One of the urgent tasks of criminalistics has been studied – the content and elements of forensic security of the participants of criminal proceedings have been determined. Traditionally, this activity is given considerable attention in the areas of criminal law, criminal procedure, as well as operative and search activities. The few works of criminalists mainly reflect the problems of anonymity of interrogating the witnesses, recommendations on tactical features of the interrogation and identification by the means of videoconference. Thus, there are currently no comprehensive studies of forensic aspects of ensuring security for the participants of criminal proceedings in Ukraine.
Systematization and improvement of theoretical provisions of forensic security of the participants of criminal proceedings, determining the content and elements of forensic aspects of the researched activity will facilitate both further development of forensic science and have a positive impact on investigative and judicial practice.
The author has defined such forensic aspects of ensuring the security for the participants of criminal proceedings as technical and forensic, tactical and forensic, methodological and forensic. Technical and forensic aspect should cover the development and improvement of scientific principles and forensic recommendations for the application of special technical means and methods of ensuring the security of persons. The content of tactical and forensic security of the participants of criminal proceedings will be the development of scientific principles and forensic recommendations for the application of organizational measures and tactical means and methods (tactics, tactical combinations, tactical operations) during the preparation, conduction and recording of certain investigative (search) actions with the participation of persons, in respect of whom security measures are provided. Methodological and forensic security of the participants of criminal proceedings should include the development of methodical recommendations on such specific features of investigating certain types of crimes due to the security of individuals, in particular due to the interaction of law enforcement agencies in ensuring the security for the participants of criminal proceedings, the use of special knowledge, cooperation with national state institutions, law enforcement agencies of other countries, etc.
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Loik, Ramon. "Integration Trends of EU Internal Security and Law Enforcement: How Legal, Technological and Operational Advancements Matter." Baltic Journal of European Studies 6, no. 2 (October 1, 2016): 3–27. http://dx.doi.org/10.1515/bjes-2016-0010.
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Abstract Rising concerns about the spread of cross-border criminal networks and transnational terrorism have transformed the international security arena into a more diverse, fragmented, diffused, less visible and hardly predictable one. Thus, (in)security is more mobile and remote than some decades ago. The establishment of an integrated European security area requires efforts to develop common standards and joint practices in terms of harmonisation of legal systems, advanced integration of security measures and tools, coherence of procedures and shared operational methods of law enforcement. The article discusses the main integration trends, challenges and options of internal security reforms in the European Union (EU) from legal, technological and operational advancement perspectives. It is argued that some harmonisation of criminal law as sharing and pooling of sovereignty has been achieved on the supranational level. The approach of supra-territoriality development is proposed in terms of shared security space management, where enhanced functional needs towards discursive coherence by copulative regulations and technological measures can be innovated to overcome some obstacles in the EU’s security integration and achieve further operational success.
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Plotnikova, Tatyana, and Andrey Paramonov. "Specifics of some anti-corruption measures in Russia within the framework of public and state security." Current Issues of the State and Law, no. 16 (2020): 541–47. http://dx.doi.org/10.20310/2587-9340-2020-4-16-541-547.
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In the current difficult conditions for the economy of our state, corruption crimes represent a higher level of danger. It is necessary to reform anti-corruption activities in order to increase its effectiveness. One of the radical measures in the field of anti-corruption will be the abolition of the presumption of innocence for corrupt illegal acts. The presumption of inno-cence is a fundamental and irremovable principle of criminal law, which is enshrined in article 14 of the Code of Criminal Procedure of the Russian Federation. Violation of this principle is impossible for criminal proceedings, but modern circumstances require timely, prompt, and sometimes radical so-lutions. It is worth not to neglect the measures of “insuring” on the part of law enforcement agencies, since otherwise it will increase the share of cor-ruption crimes in law enforcement agencies. The content of paragraph 4 of article 14 of the Criminal Procedure Code of the Russian Federation is man-datory even if the presumption of innocence for corruption crimes is can-celed: “A conviction cannot be based on assumptions”. At the same time, the principle of differentiation of punishment will be implemented by assigning the term of imprisonment from the minimum to the maximum, depending on the severity of the illegal act.
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Drakić, Dragiša. "Psychopathy as a problem of criminal law." Glasnik Advokatske komore Vojvodine 76, no. 9 (2004): 170–82. http://dx.doi.org/10.5937/gakv0405170d.
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The problem of psychopathy from a criminal law standpoint is the subject of this work. The full clarification of this aspect requires, however, that the notion, substance and etiology of psychopathy are clarified first. These are the questions to which the author dedicates the first part of his work. In the second part, the author treats the problem of mental capacity of psychopaths as perpetrators of crimes, and the manner of criminal law reaction to the committed crime. These are in the author's opinion two most important and most problematic issues of the problem of psychopathy from a criminal law standpoint. Finally, the author concludes that our criminal legislation should provide a special (bio)psychological basis of insanity (or of essentially reduced sanity), under which the psychopathy could be classified. That would create statutory basis for sentencing the psychopathic perpetrators of crime to security measures of a psychiatric character.
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Matskevich, Igor M. "A Review of a Monograph Anti-Corruption Security Measures: monograph / E.A. Akunchenko, S.P. Basalaeva, M.A. Volkova et al.; edited by N.V. Schedrin, I.A. Damm. Krasnoyarsk, 2020. 430 s." Legal education and science 12 (December 3, 2020): 35–39. http://dx.doi.org/10.18572/1813-1190-2020-12-35-39.
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The collective monograph ‘Anti-corruption security measures’ is being reviewed. It is noted that the study was carried out on the basis of the current state of legal regulation of the fight against corruption, the tasks of anti-corruption security were determined, well-founded conclusions and recommendations were formulated for creating a system of measures for such security. The study of anti-corruption security measures is relevant for the development of the science of criminal law and criminology, as well as the sciences of related fields of knowledge. Scientific ideas, analysis of legislation and law enforcement practice can be useful for further scientific research on anti-corruption measures, in rule-making activities in order to prevent corruption in the life of society and the state.
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Klyukanova, T. M., and O. O. Mikhailova. "Legal Regulation of Crimes Threatening Global Security." EURASIAN INTEGRATION: economics, law, politics 14, no. 4 (January 27, 2021): 56–62. http://dx.doi.org/10.22394/2073-2929-2020-4-56-62.
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The authors consider methods of legal regulation of crimes and types of international cooperation in the fight against them. The paper also highlights international measures aimed at implementing antiterrorist cooperation and combating illegal drug trafficking. The main goal is to determine the legal mechanisms for the prevention of these socially dangerous phenomena both at the local and interstate levels. The object of the research is the social relations that develop in connection with and about the peculiarities of crimes that infringe on international security. The subject of the research is the norms of modern Russian criminal law and the norms of international law. The scientific works of the authors listed in the references represent a solid theoretical and methodological basis for this research. However, research into the features of crimes should continue, since not all problematic issues in this area have been resolved. The author examines the concept, content and general features of international crimes that infringe on international security; defines the role of the UN (United Nations) and other organizations engaged in international legal regulation in the fight against international crimes; defines the features of the interstate organizations activities to prevent terrorism and illicit trafficking in narcotic and psychotropic substances. It is concluded that terrorism and illicit drug trafficking are most widespread among international crimes. The authors draw conclusions on the need to perform preventive activities aimed at preventing the Commission of international crimes, as well as on the implementation of a direct fight against such crimes through «detection, prevention, suppression, disclosure and investigation». Summarizing the authors’ points of view on the subject of criminal liability for acts of terrorism and drug trafficking, it should be noted that restraint measures, as well as strengthening responsibility measures, should be preceded by a set of preventive measures. It should also be understood that the effectiveness of anti-terrorist and anti-drug policies in the world, including in terms of the regulation of criminal liability measures, should be supported and approved by the population. To improve the legal structures of crimes that infringe on international security in the countries of the world community, it is necessary to positively perceive the international experience of various states in regulating measures of criminal responsibility and countering the spread of these acts.
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Warbrick, Colin, Dominic McGoldrick, and Colin Warbrick. "I. Co-operation with the International Criminal Tribunal for Yugoslavia." International and Comparative Law Quarterly 45, no. 4 (October 1996): 947–54. http://dx.doi.org/10.1017/s0020589300059790.
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The Security Council established the International Criminal Tribunal for the Former Yugoslavia (the Tribunal) by Resolution 827.1 It “determined” that the widespread and flagrant violations of international humanitarian law in the territory of the former Yugoslavia constituted a threat to international peace and security. Resolution 827 is a Chapter VII resolution. The Council “decided” that all States shall co-operate fully with the Tribunal and its organs and that they shall “take any measures necessary under their domestic law” to give effect to the resolution and obligations which arose under the Statute of the Tribunal.
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Pcholkin, Valeriy Dmytrovych, Olena Valeriivna Fedosova, Liubov Vyacheslavna Kotova, and Valentina Alexandrovna Merkulova. "International Standards for Ensuring the Right to Liberty and Personal Security in Criminal Proceedings of Ukraine." Revista Amazonia Investiga 9, no. 29 (May 18, 2020): 250–57. http://dx.doi.org/10.34069/ai/2020.29.05.28.
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The purpose of this research is to analyze international legal standards that guarantee the right to liberty and personal security in criminal proceedings. The subject of the study was the requirements of international acts, the decision of the European Court of Human Rights and the provisions of the current criminal procedural legislation of Ukraine on the issues of guaranteeing and securing of that right. The authors of the article used the following methods: dialectics, comparative legal, system analysis, formal logic. The relevance of the topic of this article depends on the fact that the current direction of the reform of the criminal procedural legislation is aimed at strengthening the legal guarantees for the protection of a person, protection of his rights, freedoms and legitimate interests in criminal proceedings. Such a fundamental right of every human being as the right to liberty and personal security is no exception to this. In this context, the legal mechanisms for the application of coercive measures need to be reviewed, re-evaluated and adjusted. This, of course, reflects the approximation of national law to international legal standards, European values, the establishment of the rule of law, and so on.
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Grigoryeva, Natalia Vladimirovna, Natalia Viktorovna Ugolnikova, Viktor Anatolievich Samoroka, and Olga Evgenievna Zhamkova. "Legal nature of the agreement on the use of security measures in relation to criminal proceeding participants." SHS Web of Conferences 108 (2021): 04004. http://dx.doi.org/10.1051/shsconf/202110804004.
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The relevance of the study is due to the presence of a set of theoretical and practical issues and gaps in the legal regulation of the agreement concluded with the protected person on the conditions of security measures, mutual obligations, and responsibility of the parties. In this regard, based on an independent scientific study, the article attempts to substantiate the legal nature of the specified agreement as a special legal institute based not only on the rules of criminal procedure but also on civil law, since civil law determines the general provisions of agreements. In implementing the provisions of the institute of state protection of criminal proceeding participants, the leading research method is justified as increasing the effectiveness of legal norms on security measures through modeling the most optimal algorithm of the agreement with the person subject to state protection. Based on the results of the data obtained, the analysis of factors positively and negatively affecting the procedure of making decisions on security measures and the conclusion of the agreement was also carried out. The article focuses on the practical orientation of the results, which provide methodological and applied assistance to employees of state protection bodies in criminal cases. As a result of the study, the authors justify the need to develop a standard form of the agreement; the form, structure, and content of the agreement are proposed; the possibility of improving the legal framework through the development and adoption of a particular regulatory legal act of an open nature regulating the order of the agreement in the system of internal affairs bodies is determined. The research will provide academic, organizational, and legal assistance to state defense departments and investigators, inquirers, prosecutors, teachers, students, and anyone interested in ensuring security in criminal proceedings.
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Davydiuk, V. M. "Separate Aspects of Saving the Confidentiality of People Collaboration With Law Enforcement Bodies." Bulletin of Kharkiv National University of Internal Affairs 85, no. 2 (May 29, 2019): 95–104. http://dx.doi.org/10.32631/v.2019.2.09.
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The organizational and legal provision of security of confidential cooperation in Ukraine has been analyzed. The information on modern problems of ensuring security of the Institution of confidential cooperation has been systematized. The risks arising during the confidential cooperation have been outlined. The author has raised the issue of keeping the balance in ensuring security of a confidant’s personality on the one hand and the need of procedural recording of the information obtained from the confidant on the other hand. Normative and legal regulation of protecting confidants in Ukraine and abroad has been compared. The problematic issues of guarantees for the protection of confidants in the Ukrainian legislation have been revealed; the ways to solve them have been offered. The protective mechanisms that in one form or another should be applied to the confidants have been analyzed: guarantees of social and legal protection, restrictions on the use of certain categories of persons as confidants, etc. The issue of ensuring the safety of the confidants after the cooperation with law enforcement agencies has been raised. The author has offered to establish appropriate security measures for such confidants, to determine the reasons and grounds for the application of such measures, and to outline the mechanism of the implementation of such measures at the regulatory level.
The limits of permissible behavior of confidants during the fulfillment of crime counteraction tasks have been studied. It has been offered to supplement the Art. 43 of the Criminal Code of Ukraine with the norm that would extend the rights of persons who under the law, perform a special task by participating in an organized group or criminal organization, to confidants, who assist law enforcement agencies in preventing and/or investigating a serious or particularly serious crime.
In the context of involving a confidant in accomplishing the tasks of criminal investigation, the author has offered to provide a separate, secret investigative (search) action, which, by analogy with the norm of the Art. 272 of the Criminal Procedural Code of Ukraine should be conducted according to the resolution of an investigator, agreed with the head of the pre-trial investigation agency, and the decision of a prosecutor.
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Zvonov, Andrey, and Andrey Savin. "Improving the Mechanism of Using Coercive Medical Measures Associated with Punishments Without Isolation from Society: from Sentencing to Exemption from Sentence." Russian Journal of Criminology 14, no. 5 (November 20, 2020): 735–44. http://dx.doi.org/10.17150/2500-4255.2020.14(5).735-744.
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The authors analyze doctrinal interpretation of the procedure for the imposition and enforcement of compulsory medical measures suggested by various scholars specializing in criminal and penitentiary law. Only a uniform understanding of the legal nature of the necessity to regulate these measures will make it possible to ascertain the final formation of the institute of coercive medical measures as an established institute of Russian criminal legislation and to work out measures of improving the procedure of their enforcement. The relevance of this study is connected with the need to improve the effectiveness of the criminal legislation norms in the sphere of ensuring the security of the society against publically dangerous actions of persons with psychiatric disorders who are sentenced by the court to coercive medical measures. The authors examine the problem of the possibility of sentencing them to penalties that are alternative to imprisonment. They have analyzed and compared a number of norms of criminal and penitentiary legislation, pointed out obvious gaps, and presented suggestions on bridging them. The authors draw attention to the necessity to streamline and clearly distribute the functions of enforcing court decisions regarding criminal law measures between the subjects of enforcement; they also suggest the introduction of corresponding amendments into criminal, criminal procedure and penitentiary legislation.
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Zaytsev, Oleg Aleksandrovich, and Aleksandr Jurevich Yepihin. "State Protection and Safety of Participants in Russian Criminal Proceedings." Internal Security 8, no. 1 (January 30, 2016): 283–91. http://dx.doi.org/10.5604/20805268.1231600.
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International law is a powerful generator of factors for the creation of criminal procedure security system. However, the mechanism of implementation of international law in national, Russian legislation causes certain difficulties. The problem is the imperfection of regulating the implementation process of international law within a particular state. The institute of public protection and safety of participants in the Russian criminal proceedings is now sufficiently developed. However, it is no longer possible to investigate effectively the problems in law enforcement within the same branch of jurisprudence, such as criminal proceedings. It is absolutely necessary to obtain knowledge from related areas of law, as well as from other disciplines (e.g., psychology, conflict resolution). Also positive examples of implementation of the state protection and ensure the safety of persons, used by some foreign countries are highly required in the Russian legislation and law enforcement practice. At present, the accumulation of a sufficient number of laws and legal acts can be observed which regulate the state protection of participants of the Russian criminal process. Improved security of the individual in criminal proceedings is directly related to the cross-sectoral research; generalization of positive examples of law enforcement practices; sufficient methodological support for law enforcers (investigators, prosecutors and judges); adequate funding of state protection measures.
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Marić, Tamara. "Corrective Measures Establishment Character for Minors in the Republic of Srpska // Vaspitne mjere zavodskog karaktera za maloljetnike u Republici Srpskoj." Годишњак факултета правних наука - АПЕИРОН 7, no. 7 (July 27, 2017): 276. http://dx.doi.org/10.7251/gfp1707276m.
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Within the general purpose of criminal sanctions and that the suppression of unlawful activities which violate or threaten the values protected by criminal law, specifically stipulates that the purpose of criminal sanctions against minors to providing protection, care, assistance and supervision, as well as providing general and vocational training affect the development of the strengthening of the personal responsibility of minors, to provide education of minors, and to ensure proper development of the minor figures in order to ensure his re the inclusion in the community. In this regard, the legislator in the Republic of Srpska prescribe special rules of criminal procedure to juveniles, and specific sanctions that can be imposed on juveniles. Juvenile criminal sanctions is, by its nature and purpose, different from the criminal sanctions imposed on adult offenders. They aim to protect society from juvenile crime through education and re-education or re-socialization and proper development of juveniles. Minors up to criminal offense, according to Law of the protection and treatment of children and juveniles in criminal proceedings Republic of Srpska, can impose a corrective measure, security measures of juvenile and constipation as a special type of sentence by older minors.
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Arifi, Kadri. "Application of the Covert Measures with the Focus on Kosovo Legislation." European Journal of Interdisciplinary Studies 1, no. 2 (August 30, 2015): 68. http://dx.doi.org/10.26417/ejis.v1i2.p68-72.
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The sophisticated forms of the organized crime, the high level of risk, complexity and threatening potential of the terrorism, impose the need (among other measures) for the application of covert investigative measures, among other the interception of telecommunications in order to prevent and combat these threats. Measures and traditional methods used by security institutions and law enforcement agencies do not provide adequate results and this raises the need and necessity for application of covert measures. In particular, the application of covert investigative measures for the security services as a measure, is necessary and essential for early detection and prevention of activities that affect the national security, while for the law enforcement agencies, the covert measures are used as a prevention and investigation measure of serious criminal acts and terrorism, but also as a measure to provide evidence for investigative processes. There is no doubt about the high sensitivity that the application of covert measures has in relation to human rights and freedom, respect and protection of which is the duty of the state and represents not an easy challenge for several reasons. In this regard, the application of covert measures should be limited by the law and their application in accordance with the law is a precondition for respecting human rights and freedom.
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Arifi, Kadri. "Application of the Covert Measures with the Focus on Kosovo Legislation." European Journal of Interdisciplinary Studies 2, no. 1 (August 30, 2015): 68. http://dx.doi.org/10.26417/ejis.v2i1.p68-72.
Full textAbstract:
The sophisticated forms of the organized crime, the high level of risk, complexity and threatening potential of the terrorism, impose the need (among other measures) for the application of covert investigative measures, among other the interception of telecommunications in order to prevent and combat these threats. Measures and traditional methods used by security institutions and law enforcement agencies do not provide adequate results and this raises the need and necessity for application of covert measures. In particular, the application of covert investigative measures for the security services as a measure, is necessary and essential for early detection and prevention of activities that affect the national security, while for the law enforcement agencies, the covert measures are used as a prevention and investigation measure of serious criminal acts and terrorism, but also as a measure to provide evidence for investigative processes. There is no doubt about the high sensitivity that the application of covert measures has in relation to human rights and freedom, respect and protection of which is the duty of the state and represents not an easy challenge for several reasons. In this regard, the application of covert measures should be limited by the law and their application in accordance with the law is a precondition for respecting human rights and freedom.
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Safferling, Christoph, and Timo Ide. "Prosecuting Terrorism Financing in Germany: Bundesgerichtshof (German Federal Court of Justice), Judgment of 14 August 2009 — 3 StR 552/08." German Law Journal 11, no. 11 (November 2010): 1292–305. http://dx.doi.org/10.1017/s207183220002023x.
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AbstractThe German Bundesgerichtshof (Federal Court of Justice) has to frequently adjudicate cases related to terrorism. The “War on Terror” has reached the German judiciary shortly after its proclamation as a reaction to the 9/11-attacks. Ever since, German criminal law is grappling with the question of how to harmonize security interests on the one hand with individual rights and liberties on the other. The expansion of the criminal law is a real threat for the previously liberty-oriented criminal law. The court decision discussed in this case addresses a specific aspect of terrorism: the financing of terrorist activities. As there is no special law prohibiting such kind of behavior, the judges had to apply section 263 of the German Criminal Code, which deals with fraud, and combine this with sections 129 a and b of the German Criminal Code, which makes being merely a member of a criminal organization into a criminal offence. A highly sensitive field of law that is put under scrutiny by anti-terrorism measures is procedural law. As secret investigation measures through electronic surveillance become more prevalent and sophisticated, the admissibility of the evidence, which was gained mainly by intelligence, becomes more and more questionable. The court decision discussed in this paper proves the willingness of the Federal Judges in Germany to reduce individual liberty rights in order to enhance the effectiveness of criminal prosecution.
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Drakić, Dragiša. "Security measure of mandatory psychiatric treatment in freedom." Glasnik Advokatske komore Vojvodine 76, no. 9 (2004): 492–502. http://dx.doi.org/10.5937/gakv0412492d.
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The paper examines the security measure of mandatory psychiatric treatment in freedom by analyzing the relevant statutory provisions. The author specifically addresses "danger to the environment", which is one of the preconditions for the application of this measure, duration of the measure the possibility of interchanging this measure with another measure of psychiatric character that exists in our criminal law. Upon extensive analysis of the aforementioned questions, the author concludes that there are no justifiable reasons for independent existence of the subject matter security measure in our register of criminal penalties. Nevertheless, he accepts the fact that this is still an independent criminal penalty, and proposes amendments to the relevant statutory provisions aimed at better protection of the rights of mentally disturbed offenders, better protection of citizens from mentally disturbed offenders, and assurance of principle of legality and legal security.
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Birkett, Daley J. "Asset Freezing at the European and Inter-American Courts of Human Rights: Lessons for the International Criminal Court, the United Nations Security Council and States." Human Rights Law Review 20, no. 3 (September 2020): 502–25. http://dx.doi.org/10.1093/hrlr/ngaa022.
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Abstract This article examines the human rights implications of the asset freezing processes available to the International Criminal Court and the United Nations Security Council. It does so through the lens of the case law of the European Court of Human Rights and the Inter-American Court of Human Rights, from whose jurisprudence, although not uniform, a number of principles can be distilled. By scrutinising a series of cases decided under the European Convention on Human Rights and American Convention on Human Rights, respectively, the article demonstrates that the rights to the peaceful enjoyment of property and to respect for one’s private and family life, home and correspondence are necessarily implicated by the execution of asset freezing measures in criminal and administrative contexts. The article concludes that, considering the human rights constraints placed on the exercise of their powers, both the International Criminal Court and United Nations Security Council, as well as States acting at their request, must pay attention to this case law with a view to respecting the human rights of those to whom asset freezing measures are applied.
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Vylegzhanin, Alexander, Sergey Lobanov, and Alexandra Skuratova. "Suppression of Crimes Against the Security of Fixed Platforms Located in the Waters of the Russian Federation (International Law Basis)." Russian Journal of Criminology 14, no. 2 (April 30, 2020): 313–26. http://dx.doi.org/10.17150/2500-4255.2020.14(2).313-326.
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The Russian state exercises sovereignty over its waters and has exclusive criminal jurisdiction with respect to crimes infringing on the security of oil, research or other stationary platforms in these waters, although their status may differ, for example, Lake Baikal; part of a continental water body (the Caspian Sea); marine internal waters (the Peter the Great Gulf); the territorial sea of the Russian Federation. Despite certain differences in status, all these waters are united by being part of the Russian territory. They differ from the waters that are not part of the territory of the state, but are above the continental shelf of the Russian Federation; these are the waters of the exclusive economic zone of the Russian Federation, and the open sea waters start beyond the 200-mile distance from the baseline. Even in the latter case, since a platform is stationary on the continental shelf of the Russian Federation, it is within the exclusive criminal jurisdiction of the Russian Federation. Counteraction to crimes infringing of the security of platforms fixed to the seabed includes a wide range of legal and organizational-legal measures. Besides, an important part is played by the special norms of international and national laws, including the criminal legislation of the state that has jurisdiction over the water body where a fixed platform is located. This article presents suggestions on improving Russian criminal legislation taking into account Russia's participation in the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf of 1988, other applicable norms of international law, the necessity to observe international law obligations and protect the national interests of the country. The authors suggest that unlawful acts of seizing a fixed platform or other violent actions infringing on the security of this object, the security of personnel operating it, aimed at forcing a state or an organization which is legally operating this object to perform or abstain form certain actions, and resulting in the intimidation of the population should be specifically included in the national criminal law as a separate type of terrorism crimes. The authors also recommend to add the norms on criminal liability for other unlawful, criminally punishable acts (which are not acts of terrorism and do not have the features of terrorism), including the attempts of illegal entry into a fixed platform or hindering its operation, to Chapter 24 of the Criminal Code of the Russian Federation «Crimes against Public Safety» as a separate Article of the Criminal Code of the Russian Federation among the norms regarding crimes that violate the security of the functioning of potentially dangerous objects (potentially dangerous operations). They recommend to use the most successful international legal experience to improve corporate acts within the framework of Russian legislation through the content specification of the scope and type of rights and obligations of business entities, including the relationships of the fixed platforms personnel with the law enforcement bodies with the purpose of a more effective inclusion of business entities in the system of measures of preventing and suppressing illegal interference in the functioning of fixed platforms in the Russian waters.
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Sinitsyn, Evgeniy Igorevich, and Sergei Nikolaevich Arkhipov. "Typical offences of the law by security and convoy officers on duty." Полицейская деятельность, no. 1 (January 2021): 44–51. http://dx.doi.org/10.7256/2454-0692.2021.1.34964.
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The authors describe the examples of possible offences of the law by temporary detention facilities officers, security and convoy officers, and other internal affairs officers responsible for criminal suspects convoying. Such offences are often connected with the disregard of rules of official duty performance or with the improper execution of duties, which leads to the occurrence of emergency situations, such as: an assault on a police officer by an individual or a group of individuals; hostage taking; escape or self-maiming attempts. Based on personal experience and judicial practice materials and regulating documents analysis, the authors consider the key measures aimed at the reduction of the emergency situations rate in the work of temporary detention facilities and security and convoy units. The professional activity of temporary detention facilities officers, as well as security and convoy officers, involves everyday contacts with suspects, persons accused of crimes, and persons sentenced to imprisonment. Officers convoy them to courts, medical facilities, etc. Such duties become routine for experienced officers, which can lead to the loss of vigilance and cautiousness in the work with criminal suspects. On the other hand, inexperienced officers, not knowing the peculiarities of their service, can also commit dereliction of duty, or worse - neglect of their official duties. Therefore, the issues of control and preventive measures taken by senior officers aimed at avoiding offences of the law by their subordinates, become particularly significant.
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Fahmy, Walid. "The measures against the International Criminal Court (USA v. ICC): the perspective of International Law." RUDN Journal of Law 25, no. 1 (December 15, 2021): 309–32. http://dx.doi.org/10.22363/2313-2337-2021-25-1-309-332.
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Since its creation, the International Criminal Court has faced the refusal of the United States to cooperate, which, in addition to staying outside the Rome Statute, has undertaken a real strategy of weakening the Criminal Code. The argument put forward by the US Government against the Rome Statute is that an international treaty cannot create obligations for a non-party state and therefore the United States denies any jurisdiction of that jurisdiction over its nationals. As early as 2000, that country had unsuccessfully introduced a proposal before the Preparatory Commission to prevent bringing American military personnel to the Court. The American Service Members Protection Act (ASPA), bilateral immunity agreements and Security Council resolutions constitute the arsenal used by States at that time to neutralize the ICC. Recently, the United States signed an order authorizing the United States to prevent and penalize employees of the International Criminal Court from entering the country. The US administration, which has been critical of the ICC for months, is opposed to launching investigation into war crimes in Afghanistan. Is not that a sign of difficulty with the US Legal Justifications? In other words, does this weakness open up the possibility of prosecution in the event of a violation of international law by US?
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Duffy, Helen. "“Foreign Terrorist Fighters”: A Human Rights Approach?" Security and Human Rights 29, no. 1-4 (December 12, 2018): 120–72. http://dx.doi.org/10.1163/18750230-02901010.
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This article reflects on the proliferation of responses to the so-called phenomenon of “foreign terrorist fighters,” and the profound human rights challenges they give rise to. It considers national, regional and international developments, many spurred by an activist Security Council, through which expanded powers have been assumed and rights restricted by reference to the need to respond to ftf threats. A series of uncomfortable relationships emerge from this analysis. They include for example tensions: between the evolving and still relatively superficial understanding of the nature and source of uncertain threats and contributing factors on the one hand, and the onerous and far-reaching nature of responses directed against them on the other; between the expansive use of coercive measures including criminal law, and basic constraining principles of criminal law upon which its legitimacy and power depends, such as individual culpability, harm principle and remoteness; or between the original purposes of most ftf measures and their impact in practice, on the operation of humanitarian law, on humanitarian workers and human rights defenders, and on the rule of law. Exceptional ftf measures continue to spread their reach and creep into other areas of security and organised crime. The article highlights the need to consider the short and long term impact, on the full range of rights of many, of the array of administrative, criminal and other measures being passed into law and implemented in practice across the globe in the name of responding to the ill-defined phenomenon of “ftfs”.
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Васеловская, Александра Викторовна. "Legal nature of compulsory medical measures: criminal legal and criminal executive aspects." Vestnik Kuzbasskogo instituta, no. 3(40) (September 25, 2019): 18–29. http://dx.doi.org/10.53993/2078-3914/2019/3(40)/18-29.
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Предметом рассмотрения в настоящей статье стали общественные отношения, возникающие в связи с применением предусмотренных уголовным законом принудительных мер медицинского характера. Основной задачей автора в рамках заявленного предмета стало выявление правовой природы принудительных мер медицинского характера. В процессе работы над статьей были использованы как общенаучные (анализ, синтез), так и частнонаучные методы исследования (формально-юридический, логико-языковой). Посредством применения указанных методов был проведен комплексный анализ представленных на современном этапе развития науки уголовного права подходов к определению правовой природы принудительных мер медицинского характера. Исследование показало, что на сегодняшний день в юридической науке сформировалось несколько позиций относительно определения правовой природы принудительного лечения (медико-юридические меры, меры безопасности, один из видов «иных мер уголовно-правового характера»). По мнению автора, представленные подходы не позволяют в полной мере уяснить суть принудительных мер медицинского характера и определить их место среди иных мер, предусмотренных Уголовным кодексом РФ. В статье обосновывается позиция, согласно которой принудительные меры медицинского характера не однородны по своей правовой природе. Принудительное лечение, применяемое в качестве самостоятельной меры в отношении невменяемых, не является уголовной ответственностью и не может выступать «иной мерой уголовно-правового характера», устанавливаемой за совершение преступления. В свою очередь, принудительные меры медицинского характера, назначаемые ограничено вменяемым лицам наряду с наказанием, отнесены к уголовной ответственности и определены автором в качестве некарательной формы ее реализации. С учетом представленных выводов в статье обосновывается позиция, согласно которой выявление правовой природы принудительных мер медицинского характера позволяет выработать механизм разграничения между собой уголовно-исполнительных и административных аспектов реализации принудительного лечения. The subject of this article is the public relations arising in connection with the application of compulsory medical measures. The main task of the author was to identify the legal nature of compulsory medical measures. In the process of work on the article there were used both general scientific methods (analysis, synthesis) and private scientific methods (formal-legal, logical-language methods). Using these methods, the author conducted a comprehensive analysis of the approaches presented at the present stage of development of the science of criminal law to determine the legal nature of compulsory medical measures. The study showed that today the legal science has formed several positions to determine the legal nature of compulsory treatment (medical and legal measures, security measures, one of the types of "other measures of criminal law nature"). According to the author, the presented approaches do not allow to understand the essence of compulsory medical measures and to determine their place among other measures established by the Criminal code of the Russian Federation. The article substantiates the position according to which compulsory medical measures are not uniform in their legal nature. Compulsory treatment, used as an independent measure in relation to the insane, is not a criminal liability and cannot be “other measure of criminal law nature”, established for the commission of a crime. In turn, compulsory medical measures, imposed on limited sane persons along with punishment, are criminalized and identified by the author as a non-punitive form of its implementation. The article substantiates the position according to which the identification of the legal nature of compulsory medical measures allows to develop a mechanism for distinguishing between criminal-executive and administrative aspects of the implementation of compulsory treatment.
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Zedner, Lucia. "Security, the State, and the Citizen: The Changing Architecture of Crime Control." New Criminal Law Review 13, no. 2 (2010): 379–403. http://dx.doi.org/10.1525/nclr.2010.13.2.379.
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Citizenship has become a buzz word of political discourse and policy formation. Recent formulations convey the message that rights are contingent on earning membership in a political community and carry corresponding responsibilities. Acquiring citizenship entails a more rigorous process of validation and conformity with prescribed norms. The notion of probationary citizenship (developed in respect of immigrants) is extended to all those whose standing as full citizens is in doubt. Citizenship comes to be used as a means of policing and a tool of the criminal law. Assertion of the state's duty to provide security for bona fide citizens provides the rationale for measures that are preemptive, exclusionary, and pay scant regard to procedural proprieties. They create a caste of outlaws and aliens whose status renders them suspect aside from any wrongdoing; whose interests are compromised in the name of protecting the public; and who must requalify to enjoy full citizenship. One means of resisting these trends is adherence to a liberal model of the criminal law and assertion of due process protections as security rights for all individuals against the state.
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Arnold, Roberta. "Witness Protection under Swiss Legislation: An Offspring of International Law." International Criminal Law Review 7, no. 2-3 (2007): 483–503. http://dx.doi.org/10.1163/156753607x204284.
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AbstractIn 2003 Switzerland adopted the first witness protection provisions in the Swiss Military Criminal Code of Procedure (MCCP). These followed to the lessons learned in the Niyonteze Trial, the first trial held in Switzerland on genocide. The military investigating magistrates had to be inventive and very pragmatic in providing for the security of the witnesses. Trips were even undertaken to the ICTR to learn about its practice and measures were adopted to prevent a "cultural shock". Notwithstanding the tendency of some human rights advocates to be very critical of military tribunals, in the Niyonteze Trial the Swiss Military Justice proved to be efficient and fair, both to the accused and the witnesses. The measures adopted were implemented into the MCCP and they will provide the basis for the forthcoming Federal Criminal Code of Procedure. This paper aims at illustrating the evolution of the Swiss witness protection legislation, which may be considered an offspring of international law.
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Santashov, A. L., and N. М. Efremova. "The use of compulsory medical measures against convicts: problems of differentiation and individualization." Institute Bulletin: Crime, Punishment, Correction 13, no. 1 (May 13, 2019): 85–90. http://dx.doi.org/10.46741/2076-4162-2019-13-1-85-90.
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The subject of research in the article was the theoretical and applied problems of the application of compulsory measures of a medical nature to those sentenced to imprisonment. The author addresses the legal aspects of the phenomenon under study, analyzes current trends in criminal policy and foreign experience. It has been established that in most countries compulsory medical measures are considered as a type of other criminal law measures (security measures). The purpose of the study is to give an objective description of the relevant means of differentiation and individualization, to identify gaps and shortcomings in the regulatory framework and to formulate proposals for improving legislation in the designated area. The results of the study was a scientifically based evaluation of the work of the domestic legislator on the regulation of the use of compulsory medical measures in the Criminal Code of the Russian Federation and the Penal Code of the Russian Federation.
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Dimovski, Darko, and Ivan Milić. "Prohibition on practicing a profession, activity or duty in the criminal law of Republic of Serbia." Zurnal za bezbjednost i kriminalistiku 2, no. 1 (2020): 35–45. http://dx.doi.org/10.5937/zurbezkrim2001035d.
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As a basic principle, the "right to work" is guaranteed under the Constitution of the Republic of Serbia. This human right is further elaborated primarily in the Labor Law, but also in other laws that stipulate the conditions for the establishment, exercise and termination of employment. This paper emphasizes the possibility of restricting both natural and legal persons, including entrepreneurs, to practicing a particular profession, activity or duty, resulting from the imposition of criminal sanctions. The security and protective measures in the criminal law of the Republic of Serbia prohibiting the practice of specific activities are also emphasized. One of the aims is to point out the consequences of the measures imposed, which are often more severe than the sentence itself.
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Khamala, Charles Alenga. "Oversight of Kenya’s Counterterrorism Measures on Al-Shabaab." Law and Development Review 12, no. 1 (January 28, 2019): 79–118. http://dx.doi.org/10.1515/ldr-2018-0010.
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Abstract Citing comparative US, UK and European jurisprudence, this article proposes a pre-inchoate offence to punish terror suspects at the African Court of Justice and Human Rights. It traces the Kenya government’s twenty-first-century responses to distorted jihad fundamentalism culminating in the current escalating pogroms. Coercive executive counterterrorism responses make exceptions to universal human rights enshrined under liberal democratic constitutions and international instruments. Yet the legality principle constrains the use of pre-inchoate offences. Hence civil society’s resistance delayed the enactment of Kenya’s Prevention of Terrorism Act. Moreover, the Constitutional Court subsequently struck out as ‘vague and ambiguous’ the Security Law (Amendment) Act’s substantive provision which ‘presumed criminal intent for encouraging terror’. Procedurally, another dilemma arises. This concerns whether it is possible for an international terror suspect to have a fair domestic trial. Although ‘limited executive measures’ require some individuals to trade off their own liberties to safeguard the security of others, due diligence can prevent torture or targeted killings. Instead, following Kenyan ‘Operation Linda Nchi’s’ pre-emptive strikes since 2011, Al-Shabaab’s retaliation arguably spiralled into increased violations of the core human right to life. Enacting pre-inchoate offences instead deems Islamist terrorists, particularly secondary offenders, as rational actors. Using a ‘reverse harm thesis’ to justify the education of pre-inchoate offenders, I argue that regional criminal trials of terror suspects constitute better ‘effective oversight’ on human rights violations than executive, legislative or domestic judicial responses. Invoking ‘concurrent responsibility’ to prosecute Al-Shabaab suspects before the ACJHR can therefore facilitate AMISOM’s dignified ‘exit’ strategy from Somalia.
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Veresha, Roman. "Preventive measures against computer related crimes: approaching an individual." Informatologia 51, no. 3-4 (December 30, 2018): 189–99. http://dx.doi.org/10.32914/i.51.3-4.7.
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Cybercrime is a combination of information, financial and personal security threats. The purpose of this research is to target statistical data to allocate the most effective preventive measures against cybercrime that would contribute to the combat at the level of potential (or real) cyber victims and cyber criminals. Brining the so-called Cyberethics into the life of people will be preventive against cybercrimes, as it will add to their culture of cyberspace through educational and popular science projects (such-like program that was put into action in Nigeria stroke positively). With the rapid spread of cybercrime, preventive measures geared towards individuals such as anti-criminalization, anti-bullying and anti-phishing propaganda, the practice of shaping negative attitude towards crimes, and discovery of responsibility for committing cybercrimes gain in importance. Society improvement as a counter-move to cut out criminal factors provoking a positive or neutral attitude to cybercrimes should be geared towards better living, as the higher is the standard the lower is the level of cybercrime. Taking individualized preventing measures to people prone to commit cybercrimes will prevent against such even before they take place (with cyber extortion and ransomware threats, such actions gain in relevance). For the fight against cybercrime, special programs are to level down victimization in the field of cybersecurity by fostering a shielding attitude in persons who can become victims. The path of designing such programs will lead to a drop cybercrime activity. Specific public authorities and non-governmental organizations should take part in the preventive process. All-encompassing preventive measures against cybercrime approaching individual at the international level will allow designing specific pilot programs for individualized prevention
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Scomparin, Laura, and Giovanni Torrente. "Not Citizens, Not Real People. The Italian Way of Governing Immigration through the Criminal Justice System." Revista Española de Investigación Criminológica 18, no. 2 (December 31, 2020): 1–34. http://dx.doi.org/10.46381/reic.v18i2.339.
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The aim of this article is to describe the specious use made of the Italian criminal justice system as a device to manage the demands for security due to the general perception of increased immigration flows in Italy. In particular, the article analyses - in each stage of the penal system from substantive criminal law, through criminal procedure law, to the prison system - the connection between the processes of criminalization and the use of extrajudicial measures to control immigration flows (such as border controls and expulsions). The results suggest that this criminal ‘double track’ (Italian citizens on the one side and migrants on the other) - with the subsequent hyper-incarceration of aliens and their final deportation as a consequence of the breach of either or both administrative and criminal law -is a disguised but deliberate choice of recent Italian legislative policy regarding the justice system.
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Cahyani, Tinuk Dwi. "COMMUNITY UNDERSTANDING OF CORUPPTION OF CRIMINAL MEASURES (Study Case in Malang)." Legal Standing : Jurnal Ilmu Hukum 4, no. 1 (May 19, 2020): 226. http://dx.doi.org/10.24269/ls.v4i1.2666.
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Currently we are concerned when witnessing the news about Operation CatchingHands (OTT) or the action of the regional head. As for the case in East Java alone,there were 13 regional heads affected by the KPT OTT. In 2018 yesterday the KPKconducted OTT, as many as 30 times OTT and 20 of them involved regional heads(Kompas, 2/28/2019). Regarding the Eradication of Corruption, Indonesia actually has had regulations since 1971, through Law Number 3 of 1971 concerning Eradication of Corruption. Subsequently in 1999, Law Number 31 of 1999 concerning the Eradication of Corruption Acts became the main rule regarding law enforcement in eradicating corruption in Indonesia, which was later revised through Law Number 20 of 2001 in several articles. Based on the background above, the formulation of the problem in this study is: What is the community's understanding of corruption especially in the city of Malang? The type of data used are primary data, secondary data and tertiary data. Primary data were obtained from interviews with people in Malang who were not legal experts. Whereas Secondary Data is obtained from various sources or legal materials such as Law Number 31 of 1999 Concerning Corruption and other Regulations relating to corruption. While tertiary material is obtained from various corruption cases that occur in the city of Malang. Data is processed based on qualitative analysis. Where the researcher uses secondary legal material sources, namely by examining the elements of criminal acts of corruption, especially in Law Number 31 of 1999 concerning Eradication of Corruption, is it in accordance with the applicable regulations. The process of analyzing the data first is to examine the results of interviews with the community in Malang, then analyzed using Law Number 31 of 1999 Concerning Eradication of Corruption, is it in accordance with the applicable regulations. the results of the study the authors get field data that illustrates that in fact there are already a lot of general public especially in the poor city of Lowokwaru sub-district who understand about criminal acts of corruption, but about 16% of the people there are less understanding of corruption, they just know the meaning corruption without knowing how and what they have to do if that happens or they know even they fear their security is threatened when showing their active role against corruption.
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Shkuta, Oleh. "The problem of security convicted persons in the custodial settings of the ministry of justice of Ukraine." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (June 3, 2020): 146–51. http://dx.doi.org/10.31733/2078-3566-2020-2-146-151.
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The article explores the problem of defining the concept of security of convicted persons. The author analyzed the current normative legal acts, in particular, the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Enforcement Code of Ukraine, the Laws of Ukraine “On Pre-trial Detention”, “On Ensuring the Safety of Persons Participating in Criminal Procedure” and departmental by-laws - legal acts. The article presents the opinions of domestic scientists of penitentiary orientation regarding the content of the concept of security convicted persons in the custodial settings in the science of criminal enforcement law and the current legislation. The article identifies six forms of ensuring the right of convicts to personal security: determination by the administration of the criminal correctional facilities the criterion of personal security of convicts; legal regulation of the personal security of prisoners; the authorities using risk-management measures; further resolving the issue of the place of serving the convicted person; ensuring the safety of convicts in connection with their involvement in criminal proceedings. The author conducted a historical analysis of the formation and development of security issues of convicts in the normative acts of the Ukrainian Soviet Socialist Republic and independent Ukraine. The author argues that there are many reasons for the threats to the personal safety of prisoners in criminal correctional facilities. The article defines the concept of security convicted persons in the custodial settings - it is regulated by the current legislation and is provided by the staff of the bodies and criminal correctional facilities the protection of the rights and freedoms and legitimate interests of the prisoners while serving their sentences.
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Vasiu, Ioana, and Lucian Vasiu. "Criminal Enforcement of Copyright as an Important Safeguard for Economic and Security Interests." European Journal of Sustainable Development 8, no. 3 (October 1, 2019): 228. http://dx.doi.org/10.14207/ejsd.2019.v8n3p228.
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Copyright industries represent an important part of the developed economies. The effective protection of copyright fulfills an important role in the advancement of innovation and economic development. However, in the digital economy, the protection of copyrighted works poses numerous and very difficult challenges. The protected works usually targeted by criminals are computer programs, motion pictures, video games, and musical compositions. The estimated or actual harm to copyright owners can amount to billions of dollars. Moreover, these offenses are sometimes perpetrated in connection with other crimes, such as conspiracy to commit racketeering or money laundering. This paper argues that criminal enforcement of copyright can be an important safeguard of economic and information security interests. The paper discusses essential aspects regarding the criminal protection of copyright in the United States. Based on a theoretically-informed, yet empirically-driven approach, which takes into account a large corpus of data, consisting mostly of cases brought to courts of law, the paper discusses the main aspects of the phenomenon. Finally, the paper proposes a number of measures that would improve the protection copyrighted works. Keywords: Copyright, Economic Development, Cybercrime, Infringement, Security, Loss
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Lipinsky, Dmitriy Anatol'evich, Nikolai Vladimirovich Makareiko, and Ivan Evgen'evich Popov. "Legal liability in the mechanism of countering current threats to national security: a novel coronavirus infection." NB: Административное право и практика администрирования, no. 1 (January 2021): 25–35. http://dx.doi.org/10.7256/2306-9945.2021.1.35424.
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The object of this research is the legal liability relations aimed at countering current threat to national security in form of coronavirus infection. The authors review the amendments introduced to the legislation on administrative offenses and criminal legislation, which establish liability in the area of ensuring sanitary and epidemiological wellbeing of the population. Emphasis is placed on the fact that it resulted in a number of legal conflicts that have not been overcome through the ruling of the Supreme Court of the Russian Federation and require legislative resolution. The article examines the practice of implementation of administrative enforcement measures in countering coronavirus infection, as well as the resulting competition for administrative, preventive, procedural, liability and protection measures. It is indicated that the high dynamics of threats to national security justifies the need for the development and legislative consolidation of the effective mechanism that would ensure national security. In this mechanism, a significant role is played by legal liability capacity, primarily such public law types as administrative and criminal liability. The research reveals that the rapid response of the legislator to the threat to national security in form of a novel coronavirus infection via reforming the institutions of administrative and criminal liability generated certain conflicts. They have not been resolved through the ruling of the Supreme Court of the Russian Federation and require additional legislative attention. The authors substantiate that by acknowledging the role and importance of administrative and criminal liability within the mechanism of ensuring national security, it should be taken into account that they are means of post-unlawful response of the government. Therefore, it is necessary to enhance the measures aimed at preventing and countering threats to national security, including those caused by coronavirus pandemic.
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Frías, Alejandro Sánchez. "Public Security Derogations to the Free Movement of EU Citizens and Preventive Criminal Law: A Collision between Ever-Expanding Concepts?" European Journal of Crime, Criminal Law and Criminal Justice 27, no. 4 (December 2, 2019): 293–319. http://dx.doi.org/10.1163/15718174-02704002.
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The threat of foreign terrorist fighters has led to the development of preventive criminal law on an international and European level. The EU Directive on combating terrorism can have two impacts on the free movement of EU citizens. It directly calls upon Member States to criminalise the act of travelling, as well as other conduct that may be connected to a terrorist offence. In addition, ecj case law accepts EU criminal law as a basis for public security derogations against free movement. Therefore, the commission of any of the acts criminalised in the EU Directive on combating terrorism could be used as a reason to restrict the exercise of free movement by EU citizens. When Member States begin to adopt these measures, litigation on the balance between preventive criminal justice and free movement of EU citizens will increase.