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Hutabarat, Abdul Muchlis, Idham Idham, and Henri Aspan. "Analisis Kewenangan Penyidik Kepolisian dan Badan Narkotika Nasional Dalam Penegakan Hukum Pidana Narkotika (Studi Kasus pada Polda Kepri dan Badan Narkotika Propinsi Kepulauan Riau)." Wajah Hukum 4, no. 2 (October 19, 2020): 212. http://dx.doi.org/10.33087/wjh.v4i2.225.
Testo completoAbstract (sommario):
Until now efforts to tackle drugs by formal government institutions (Ministry of Health, Immigration, Customs, Police, Narcotics Agency, etc.) as well as by other non-governmental organizations are still not optimal, are less integrated and tend to act individually sectorally. The problem of drug abuse is not handled optimally, so cases of drug abuse tend to increase both in quality and quantity.The problem in this research is how the Legal Arrangement of the Police and National Narcotics Agency Investigations Against Narcotics Criminals, How to Implement the National Police and Narcotics Agency Investigation Authority Against Narcotics Crimes, and what factors are obstacles, and the solution to the National Police and Narcotics Agency Criminal Investigation Authority Narcotics criminal. This research was conducted to determine the Legal Arrangement of the Police and National Narcotics Agency Investigation of Narcotics Criminals, the Implementation of the National Police and Narcotics Agency Criminal Investigation Authority Against Narcotics Criminal Acts, as well as what factors were constraints, and the solution of the National Narcotics and Police Narcotics Investigation Authority Against Criminal Crimes Narcotics. This study uses a descriptive analytical method with a sociological juridical approach (sociological legal research) to study the laws and regulations relating to the process of investigating and investigating non-criminal drugs. The results of this study indicate that the authority of the National Police and Narcotics Agency Investigators in Narcotics Criminal Law Enforcement has basically been implemented well, although there are still many obstacles, especially conflicts in the implementation of the law.
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Kale, Aniket, Akshata Shinde, Sushant Patil, and Prof Rajesh Kadu. "Criminal Navigation System / Extractor." International Journal for Research in Applied Science and Engineering Technology 10, no. 5 (May 31, 2022): 490–95. http://dx.doi.org/10.22214/ijraset.2022.42054.
Testo completoAbstract (sommario):
Abstract: We proposed a criminal navigation system/extractor that retains a criminal's records and also forecasts primary suspects in this paper. The method is intended to assist agencies such as the CBI, CID, and other similar bureaus in expediting the investigation process. Case summary, people involved, conflicts, past criminal histories of those engaged, items recovered on scene, and other facts such as facial recognition and fingerprints are all included in the system. The system recognises the type of case and allows the administrator to update the investigation's status and submit more crime photographs. It investigates past criminal histories of all those involved and makes recommendations for suspects based on this information. There is no proper centralised database or tracking criteria for criminal investigation in the area of criminal navigation. This system is based on criminal records management and a criminal navigation system. The system has the most up-to-date information on previous crimes. Those recordings will be useful in future investigations and training for new police. Officers will save time and the investigative process will be sped up as a result of the technology. The suggested method is intended to encourage criminal investigation teams to collaborate on cases and to expedite the investigative process by proposing suspects. Keywords: Admin, Officer, fingerprint, face recognition, primary suspect prediction
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Wijaya, Ariadi Hanta, and Firman Wijaya. "KESAKSIAN PENYIDIK DALAM PEMBUKTIAN PERKARA PIDANA (STUDI KASUS : PUTUSAN NO. 1273/PID.B/2013/PN.JKT.SEL)." Jurnal Hukum Adigama 1, no. 2 (January 22, 2019): 449. http://dx.doi.org/10.24912/adigama.v1i2.2841.
Testo completoAbstract (sommario):
In the context of criminal law, proof is the core of criminal proceedings because what is sought in criminal law is material truth. Basically, this aspect of proof has actually begun at the stage of criminal investigation. The act of investigation and investigation will be carried out immediately in the event of a criminal offense, the existence of a criminal offense can be known by the officer, with reports, complaints, caught red-handed, or known directly by the officer. So, before an act of investigation is carried out, an investigation is carried out by an investigating official, with the intention and purpose of finding and finding an event that is investigated a criminal event or not, if the investigation results as a criminal event, an investigation can be carried out. or certain civil servants who are authorized to carry out investigations, before the investigator conducts investigations such as making arrests, calling, searching, detaining, confiscating, the investigator must notify the public prosecutor so that the prosecutor can follow his investigation from the beginning, and if deemed necessary to give instructions in order to perfect the investigation. In the murder case with the defendant Andro and Benges, the witnesses presented by the Public Prosecutors in the trial were almost all investigators who examined this case. If only an investigator is present in proving someone guilty or not in a criminal case, of course the investigator will justify what he has done so that his statement becomes not objective.
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Baratov, Azim. "INITIAL CRIMINAL INVESTIGATION SITUATIONS." American Journal of Political Science Law and Criminology 04, no. 11 (November 1, 2022): 12–17. http://dx.doi.org/10.37547/tajpslc/volume04issue11-03.
Testo completoAbstract (sommario):
In the article, in order to organize and resolve issues of investigation and operational search, a detailed analysis of the available information about the crime, an assessment of the investigative situation, the nature of preliminary information about the incident, the reliability of sources, the possibility of using information as evidence in the case, the mechanism for the formation of traces, factors affecting the investigative situations, as a result of which the composition, structure and form of the investigative situation can be changed, such issues as the reflection of the investigation situations in the initial, intermediate and final situations are described.
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Akimov, Mykhailo, Alona Chugaievska, Yuliia Alieksieieva-Danylenko, Anna Semeniuk-Prybaten, and Olha Lytvynenko. "Criminal liability for establishing or spreading criminal influence in the context of armed aggression against Ukraine." Cuestiones Políticas 41, no. 79 (October 20, 2023): 331–43. http://dx.doi.org/10.46398/cuestpol.4179.22.
Testo completoAbstract (sommario):
The aim of this study was to analyze the criminal legal system to establish criminal influence during the armed aggression against Ukraine. Since the beginning of Russia's armed aggression in Ukraine, the number of war crimes committed by the Russian military has increased. Investigating criminal influence during the war is a completely new area of work for law enforcement. General methods of scientific investigation and special methods of legal investigation were used. The author examines the types of criminal influence in the context of Russian aggression against Ukraine according to the Rome Statute and the Criminal Code of Ukraine. Common criminal offenses in 2021 and 2022 are identified. The low effectiveness of the judiciary in holding perpetrators of criminal influence criminally accountable is determined. It is concluded that the amendment of criminal legislation by shortening the terms of investigation and abbreviated procedure of prosecution of minor criminal offenses will ensure their prompt investigation and prosecution, which, in turn, will relieve the investigative bodies and the judiciary from the burden of dealing with serious and particularly serious criminal offenses.
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Usman, Muhammad, and Hafiz Aziz ur Rehman. "Investigation Techniques & Modern Technology." Global Legal Studies Review VI, no. I (March 30, 2021): 35–40. http://dx.doi.org/10.31703/glsr.2021(vi-i).05.
Testo completoAbstract (sommario):
The scientific knowledge and skills are the result of sophisticated methods where the liability of courts and investigation process has been increased during the last couple of decades. The use of technology and different other similar modern methods are helpful in the detection of offenders, and it is the revolutionary evaluation of investigation techniques. Since the offenders are also using different techniques for their criminal activities, so the use of technology is becoming more necessary for tracking the criminals. Both police and courts are using modern techniques of investigation with the use of modern technology for the detection of violent crimes and criminal activities. This paper examines the impact of modern technology on the investigation process and working mechanism of police and courts. Further, it elucidates the importance of modern technology and its impact upon the investigation process along with the outcome of criminal investigations.
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Serdiuk, Vasyl, Euhenii Serdiuk, Andrii Tereshchenko, and Oleksii Fast. "LEGAL REGULATION OF REGISTRATION OF APPLICATIONS AND REPORTS OF CRIMINAL OFFENCES." Modern scientific journal 3, no. 3 (2024): 38–46. http://dx.doi.org/10.36994/2786-9008-2024-3-5.
Testo completoAbstract (sommario):
The article examines the procedural essence of entering a statement or report of a criminal offence into the Unified Register of Pre-trial Investigations.The study found that the beginning of pre-trial investigation (inquiry and investigation) has signs of uncertainty in the legislative consolidation of the grounds for justification of a non-procedural decision to enter or not to enter a statement or report of a criminal offence (crime, misdemeanour) into the Unified Register of Pre-trial Investigations (URPTI), which affects the effectiveness of the beginning of criminal proceedings: there is an opportunity for interested parties on both sides to arrangered tape in order to delay the investigation that has not yet been initiated and involve the courts in solving their problems;the burden on the investigating authorities (inquiries, investigations) and courts increases;uncertainty of the law (Article 214 of the CPC of Ukraine) regarding the decision to initiate criminal proceedings allows for unreasonable decisions. The analysis of the rulings of the first and third instance courts did not answer the question of what specific circumstances may indicate the commission of a criminal offence and serve as grounds for filing or not filing a criminal complaint or petition with the URPTI.This raises the question of the weakness of the legislative position regarding the ability of the parties to defend their interests within the CPC of Ukraine at the very beginning of criminal proceedings.The author has studied the legislative experience of initiating criminal proceedings under the CPC of the Republic of Azerbaijan, and the criminalof the Criminal Procedure Law of Latvia. The opening of criminal proceedings in these republics is more efficient and, in our opinion, can be used for implementation in the criminal procedure legislation of our country.It is proposed to supplement Art. 214(1) of the CPC of Ukraine and add in brackets to the word circumstances: "time, place, manner, action or inaction of a person", which will be indicative ofa criminal offence. This will eliminate all possible disputes over the interpretation of circumstances that indicate a criminal offence. In part 2 of this Article, replace the first sentence with: "The pre-trial investigation shall commence from the moment of issuance of the resolution on commencement or refusal to commence criminal proceedings and..." hereinafter.
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Srinitri, Ni Made, Umar Ma'ruf, and Munsharif Abdul Chalim. "Progressivity Of Criminal Handling Fraud And Disease By The Directorate Of The General Criminal Reserse Of Central Java Regional Police (POLDA)." Jurnal Daulat Hukum 3, no. 1 (April 22, 2020): 229. http://dx.doi.org/10.30659/jdh.v3i1.8777.
Testo completoAbstract (sommario):
This study aims to determine and analyze the process of handling fraud and embezzlement by Central Java Regional Police Criminal Investigation investigators and the progress of handling fraud and embezzlement crime at the Central Java Regional Police Criminal Investigation Directorate. The approach method used is empirical juridical with descriptive analytical research specifications. The data used in the form of primary data and secondary data so that the method of data collection through field studies and literature studies. Data analysis method used is qualitative analysis. As a knife of analysis, the concepts of restorative justice, legal system theory and progressive legal theory are used.The results of the study concluded that the process of investigating fraud and embezzlement in the East Java Regional Police Criminal Investigation Directorate was in accordance with the provisions of the Criminal Procedure Code and the National Police Chief Regulation Number 6 of 2019 on Criminal Investigations. The progress in handling fraud and embezzlement in the Central Java Regional Police Criminal Investigation Directorate is related to the application of restorative justice in investigating criminal acts that starts with two components of the legal basis, namely rules and behavior. The regulatory component appears from a number of legal rules regarding the application of restorative justice in investigations that have been regulated in police regulations,Keywords: Progressiveness; Fraud And Embezzlement; Restorative Justice.
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Barland, Gordon H. "Criminal investigation." Society 22, no. 6 (September 1985): 46–51. http://dx.doi.org/10.1007/bf02695840.
Testo completo
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Devery, Christopher. "Criminal Profiling and Criminal Investigation." Journal of Contemporary Criminal Justice 26, no. 4 (September 29, 2010): 393–409. http://dx.doi.org/10.1177/1043986210377108.
Testo completo
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Popova, Anna D. "“Even Small Things Can Play a Big Role” (on Soviet Criminal Investigation in the 1940s–1950s)." Vestnik of Northern (Arctic) Federal University. Series Humanitarian and Social Sciences, no. 1 (March 1, 2022): 36–47. http://dx.doi.org/10.37482/2687-1505-v153.
Testo completoAbstract (sommario):
This article studies the development of criminal investigation techniques employed by the Soviet police (militia) during the post-war years (from 1945 to the late 1950s). The author demonstrates that the high crime rate in general and the large number of robberies and gang crimes in particular threatened people’s daily life. Thus, it was essential that the Soviet police should implement diverse measures, primarily, improve their criminal investigation techniques. Further, the author underlines that during the post-war years many people who had previously never been associated with crime found themselves involved in criminal activities. The situation was aggravated by the fact that a great number of police officers had only been recently employed and therefore had no criminal investigation experience. It considerably impeded the process of crime detection and prosecution, indicating the necessity to develop new and effective methods of criminal investigation. The paper analysed a wide range of sources, such as departmental publications, operational reviews on grave crimes written by chief police officers, as well as memoires of law enforcement officers. As a result, the author comes to the conclusion that the Soviet police employed a vast variety of criminal investigation techniques and procedures, such as investigating citizens’ reports containing criminal conduct allegations (including anonymous), working undercover, etc. The study shows that Soviet police officers managed to improve their methods of criminal investigation, increase the number of potential informers and create sites for trapping criminals. The successful efforts of the Soviet police to improve the criminal investigation techniques and procedures contributed to reducing the crime rate in the country in the late 1950s.
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Kiran Amjad, Prof Dr. Aftab Ahmad Malik, and Dr. Sumet Mehta. "A Technique and Architectural Design for Criminal Detection based on Lombroso Theory Using Deep Learning." Lahore Garrison University Research Journal of Computer Science and Information Technology 4, no. 3 (September 25, 2020): 47–63. http://dx.doi.org/10.54692/lgurjcsit.2020.040398.
Testo completoAbstract (sommario):
Crimes and criminal activities are increasing day by day and there are no proper criteria to search, detect, identify, and predict these criminals. Despite various surveillance cameras in different areas still, crimes are at a peak. The police investigation department cannot efficiently detect the criminals in time. However, in many countries for the sake of public and private security, the initiation of security technologies has been employed for criminal identification or recognition with the help of footprint identification, fingerprint identification, facial recognition, or based on other suspicious activity detections through surveillance cameras. However, there are limited automated systems that can identify the criminals precisely and get the accurate or precise similarity between the recorded footage images with the criminals that already are available in the police criminal records. To make the police investigation department more effective, this research work presents the design of an automated criminal detection system for the prediction of criminals. The proposed system can predict criminals or possibilities of being criminal based on Lombrosso's Theory of Criminology about born criminals or the persons who look like criminals. A deep learning-based facial recognition approach was used that can detect or predict any person whether he is criminal, or not and that can also give the possibility of being criminal. For training, the ResNet50 model was used, which is based on CNN and SVM Classifiers for feature extracting from the dataset. Two different labeled based datasets were used, having different criminals and noncriminals images in the database. The proposed system could efficiently help the investigating officers in narrowing down the suspects' pool.
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Aji, Beni, and Lathifah Hanim. "The Process of Investigation on Criminal Currency." Law Development Journal 2, no. 4 (February 14, 2021): 504. http://dx.doi.org/10.30659/ldj.2.4.504-510.
Testo completoAbstract (sommario):
The objectives of this study are as follows: To identify and analyze the investigation process of currency crimes. To find out and analyze obstacles to the process of investigating currency crimes. To find out and analyze solutions to overcome barriers to the investigation of currency crimes. The method used by researchers is juridical sociological approach to law and The specifications in this research are descriptive. Based on the results of that research The process of investigating currency crimes actions in the form of: (a) arrest; (b) Detention; (c) Confiscation of evidence; (d) Witness examination; (e) Examination of the suspect (f) Then a discussion is conducted in the form of case analysis and juridical analysis; (g) Making a resume by the assistant investigator/investigator and then drawing a conclusion. The obstacles are: First, the lack of coordination between law enforcement officers. Second, the weakness of investigations against perpetrators who are categorized as perpetrators. Third, investigations currently carried out by investigators are limited to the perpetrators who destroyed rupiah banknotes, resulting in difficulties in fulfilling the subjective element, namely mens rea. Solutions include: a) Overcoming crimes committed by the Indonesian National Police for destroying rupiah banknotes. b) Regional and international police cooperation can be carried out through Interpol, other government agencies or directly.
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Van Frits Kapitan, Rian, and Tontji Cristian Rafael. "HARAPAN VS KENYATAAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA PEMALSUAN SURAT." IBLAM LAW REVIEW 3, no. 3 (September 30, 2023): 280–91. http://dx.doi.org/10.52249/ilr.v3i3.205.
Testo completoAbstract (sommario):
National Police Chief Regulation Number. 8 of 2021 concerning Handling of Crimes based on Restorative Justice as if or implicitly can be applied in the process of investigating and investigating criminal acts of forgery of documents in Article 263 of the Criminal Code and Article 266 of the Criminal Code. Therefore, the issue analyzed in this paper is whether the National Police Chief's Regulation on Restorative Justice can be applied to terminate investigations and investigations into criminal acts of document forgery in Article 263 of the Criminal Code and Article 266 of the Criminal Code? The purpose of this article is to find out whether or not the National Police Chief's Regulation on Restorative Justice can be applied to stop investigations and inquiries into criminal acts of document forgery in Article 263 of the Criminal Code and Article 266 of the Criminal Code. The method used in this research is a normative juridical research method with several approach methods, namely the conceptual approach method and the statutory approach method. The conclusion obtained is that the criminal act of forgery of documents in 263 of the Criminal Code and Article 266 of the Criminal Code cannot be stopped and the investigation process uses the National Police Chief's Regulations on Restorative Justice based on several reasons. First, basically the criminal act of falsifying documents is a shame in se. Second, the serious threat of imprisonment for perpetrators of the crime of document forgery. Third, stopping the investigation is in direct conflict with Article 108 paragraph (2) of the Criminal Procedure Code. Fourth, the termination of investigations and investigations is contrary to the principle of dominis litiis. Fifth, the termination of investigations and inquiries cannot be carried out because the loss paradigm in the National Police Chief's Regulations is purely material loss. Sixth, the termination of investigations and investigations is very contrary to the principle of litis finiri opportet. Seventh, the termination of investigations and inquiries does not fulfill the material requirements of restorative justice in the National Police Chief Regulations.
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Shonazarov, Abduvali. "PECULIARITIES OF PRELIMINARY AND SUBSEQUENT INVESTIGATIVE ACTIONS IN THE INVESTIGATION OF CRIMES COMMITTED BY ORGANIZED GROUPS." Criminology and Criminal Justice 3, no. 1 (April 29, 2023): 56–63. http://dx.doi.org/10.51788/tsul.ccj.3.1./iarr4293.
Testo completoAbstract (sommario):
This article highlights important aspects of investigative actions in the investigation of crimes committed by organized groups. The interaction of the investigator with the bodies and employees carrying out operational-search activities, the procedure for performing procedural actions, such as the implementation of a preliminary investigation, are expressed. The validity of this thesis is related to the investigation of many types of crimes, including the investigation of crimes committed by organized criminal groups. Such a criminological feature is explained not only by provability in the investigation of crimes but also by information about the characteristics of the necessary signs of criminal activity, as well as information about the elements that are used to prove a crime. It is argued that investigators and operatives will identify the forensic nature of the organized criminal activity and compare it with typical forensic data specific to the respective specific type. The use of forensic methods and tools that help to timely and effectively solve the problems of operational search, investigation and examination at the initial stage of investigating the activities of a criminal group are also expressed. The forensic features of investigations of organized criminal groups by investigators and operatives are highlighted.
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Hartono, M. Rudi, and Lilis Winantri. "Analisis Laporan Kepolisian No: B.210 /VIII/2018/JAMBI/SPKT.C Mengenai Alasan Dihentikannya Penyidikan Perkara Perkosaan Anak." Wajah Hukum 5, no. 2 (October 15, 2021): 549. http://dx.doi.org/10.33087/wjh.v5i2.705.
Testo completoAbstract (sommario):
The police are part of the criminal justice system as contained in the provisions of the Criminal Procedure Code and other laws, this system has the power to conduct investigations and investigations of crimes. The investigative authority is applied to the perpetrator in a criminal act or the investigative authority is enforced, and the case has been coordinated with the public prosecutor since the first wave of investigation. The same mistake. The criminal cases studied in this paper are based on the author's research data at the Directorate of General Criminal Investigation, Sub-Directorate IV of the Jambi Regional Police. This involves the Police Report Letter No: LP/B/210/VIII/2018/Jambi/SPKT “C” which contains the alleged crime of rape or intercourse with a minor. Perpetrators are threatened with articles 81 and 82 of the Law of the Republic of Indonesia Number 35 of 2014 (Revised Law on Child Protection of the Republic of Indonesia Number 23 of 2002). Investigators may still encounter obstacles in investigating criminal acts of raping a suspect or having sex with a minor. Not all criminal cases of rape or sexual intercourse of minors that are handled at the investigation level can be transferred to the court by the prosecutor as a public prosecutor in the process of further investigation. In this case, investigators at Sub-Directorate IV of the Directorate of General Criminal Investigation (Ditreskrimum) of the Jambi Regional Police also have the authority to not continue the investigation process or stop the investigation (SP3) in this criminal case based on considerations that the criminal case processed is not a criminal act, lack of evidence or other legal considerations. The objectives of this study are: First of all, I want to know and analyze how investigators handle cases of child rape perpetrators (case investigation, police report number: B. 2018 / Jambi / SPKT “C”). Child rape is (Police Report Number: B.210 / VIII/2018 / Jambi / SPKT "C"). The research method used in this research is Socio Legal Research, which is studying the practice of law or legislation that applies in the social life of the community. Descriptive research specifications, namely describing and analyzing a legal event that has occurred by describing the existing events.
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Irhammudin and Ibrahim Fikma Edrisy. "TINJAUAN HUKUM ATAS PROSES PENYIDIKAN TERHADAP PELAKU TINDAK PIDANA YANG DIDUGA MENGALAMI GANGGUAN KEJIWAAN." PRANATA HUKUM 15, no. 2 (July 31, 2020): 143–62. http://dx.doi.org/10.36448/pranatahukum.v15i2.227.
Testo completoAbstract (sommario):
Article 44 of the Penal Order stipulates that it is not punishable for anyone acting in a state of disficed or impaired soul due to a disease. Article 44 of the Criminal War clearly mentions one of the possible restrictions on a person's ability to account for his or her actions before the law. The research methods used in this study are normative approaches and empirical approaches. The data sources in this study consist of primary data and secondary data. The problem is, in the process of investigating the perpetrator of a crime suspected of having a psychiatric disorder and whether the legal consequences arising from the investigation of a criminal suspected of having a psychiatric disorder. The results of this study show that the investigation of suspected criminals with psychiatric disorders in accordance with sop investigations ranging from summons, arrest, detention, seizure, examination, requesting forensic expert information, shooting suspects and submiting case files to the court. As a result of the law that arises from the investigation of the perpetrator of the alleged criminal disorder based on the expert's description in this case forensic experts through psychological examination of the psychological condition of the perpetrator which from the results of Visum et Repertum Psychiatricum states that the suspect is in a healthy condition of his soul and continues the investigation process.
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Hendratmoko, Hanung, and Ira Alia Maerani. "A CRIMINAL INVESTIGATION OF THE CRIMINAL STEALING THAT CAUSES THE DEATH OF PERSONS CONDUCTED BY CHILDREN." Law Development Journal 2, no. 3 (October 11, 2020): 339. http://dx.doi.org/10.30659/ldj.2.3.339-345.
Testo completoAbstract (sommario):
The crime of theft with violence is regulated in Article 365 of the Criminal Code. Ironically, this crime is committed by someone who is considered a child in the eyes of the law. This writing discusses the mechanism of investigation, constraints and solutions in the implementation of the mechanism for investigating the crime of theft with violence that causes the death of a person committed by a child.The approach method used in this research is the sociological juridical approach. The specification of this research is descriptive analysis and the source of the data that I use comes from primary data and secondary data. This writing uses an analytical knife based on the theory of justice and the theory of punishment.The mechanism for investigating the crime of theft with violence that causes the death of people is carried out starting from the existence of police reports, investigations, investigations, arrests and detention, searches, seizures, witness statements, and statements of suspects. Obstacles in implementing the investigation mechanism are internal and external constraints. The solution to the obstacle is: the investigator confirms to the suspect's legal adviser to always be present and accompany the suspect in the investigation process, the investigator maximizes his performance to look for evidence according to the maximum time limit, the investigator tries to take an emotional approach, the investigator is assisted by the Correctional Center (BAPAS) provide understanding to children to stay calm.
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Ivanov, Dmitriy, Vasily Potapov, Vitaliy Vasyukov, Valeriia Artemova, and Elmir Alimamedov. "The Investigator’s Actions to Compensate for the Harm Caused by the Crime in Determining the Form of Terminating the Preliminary Investigation." Jurnal Cita Hukum 11, no. 2 (August 31, 2023): 233–42. http://dx.doi.org/10.15408/jch.v11i2.34006.
Testo completoAbstract (sommario):
Investigations into the termination of preliminary criminal investigations traditionally encompass two forms: closing a criminal case and concluding the preliminary investigation through an indictment for prosecutor transfer. Prior research has examined these processes, emphasizing the importance of procedural correctness and legal compliance. However, existing studies fall short in elucidating the investigator's actions concerning harm compensation during preliminary investigation termination. The purpose of this study was to explore the investigator's actions to ensure compensation for harm caused by a criminally punishable act during the termination of the preliminary investigation. The authors employed a holistic approach, including the general scientific method, systematic analysis, synthesis, and comparative legal analysis. The results revealed that regardless of the form of termination, measures for compensating victims of criminal acts must be taken. These include appealing against unlawful decisions, and preparing claims for rights protection and compensation in civil proceedings. Compensation for harm remains a priority throughout pre-trial proceedings, even after termination.
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Span, Madina. "Issues of a criminal investigation of cases involving the use of fictitious invoices, the concept and structure of the forensic characteristics of fictitious invoicing." Scientific Herald of Uzhhorod University Series Physics 2024, no. 55 (February 9, 2024): 1965–74. http://dx.doi.org/10.54919/physics/55.2024.196nq5.
Testo completoAbstract (sommario):
Relevance. Investigating criminal cases involving the use of fictitious invoices is a complex process that requires a high level of skill and professionalism from criminal law enforcement agencies.Purpose. The research aims to analyse the status of criminal investigations of cases involving the use of fictitious invoices and to identify the main obstacles to the prosecution of criminals for these crimes.Methodology. Historical, statistical, comparative, legal, analysis and synthesis were used.Results. The problematic issues of investigation of criminal cases related to the use of fictitious invoices, as well as the concept and structure of the forensic characteristics of the manufacture of fictitious invoices were considered in this research. The circumstances that prevent law enforcement agencies from effective work in the field of criminal prosecution of economic crimes, which are both objective impossibilities to bring the offender to justice and subjective perception of the necessity to investigate this category of cases, were revealed. The issues related to evidence in criminal cases involving the use of fictitious invoices and recommendations to optimise the investigation of such cases were also discussed. Objective barriers for the pre-trial authority in bringing the perpetrators to justice were identified and ways to eliminate them were suggested.Conclusions. The positions of Kazakhstani and world scientists on this and related issues were analysed. The shortcomings of the current legislation were highlighted and ways to address these shortcomings were suggested which, in turn, would increase the chances of pre-trial bodies to bring the perpetrators to justice and, at the same time, reduce the number of similar crimes. Overall, this article is a useful resource for legal, forensic, audit and accounting professionals who are involved in the investigation of criminal cases involving the use of fictitious invoices.
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Podzolkova, Tetiana. "THE USE OF THE PROFILING METHOD IN THE INVESTIGATION OF CRIMINAL OFFENSES RELATED TO AIR TRANSPORT SECURITY BREACHES." Archives of Criminology and Forensic Sciences 7, no. 1 (June 18, 2022): 152–57. http://dx.doi.org/10.32353/acfs.7.2023.14.
Testo completoAbstract (sommario):
This scientific article is devoted to the study of the problem of air transport security and the investigation of crimes related to its violation. Crimes related to air transport security can have serious consequences and threaten people’s lives. The authors of the article note that effective investigation and identification of criminals are crucial in such situations.
 One of the innovative approaches explored in the article is criminal profiling. This method of crime research is based on the analysis of behavioral, psychological and other characteristics of criminals. The use of criminal profiling can be extremely valuable in the investigation of criminal offenses aimed at violating air transport security.
 The article examines the structure of criminal profiling, which consists of three levels of analysis: operational, tactical and strategic.
 The importance of ensuring the safety of air transport and the need for effective investigation of crimes related to it are emphasized. The use of criminal profiling, in particular through operational, tactical and strategic analysis, can be a valuable tool for the detection and prevention of criminal offenses that threaten the safety of air transport.
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COSTIȘANU, Vitalie. "PRACTICAL ASPECTS REGARDING THE INVESTIGATIVE JUDGE'S COMPETENCE." Anale ştiinţifice ale Academiei "Ştefan cel Mare" a MAI al Republicii Moldova. Ştiinţe juridice=Scientific Annals of the Academy "Stefan cel Mare" of MIA of the Republic of Moldova. Legal Sciences 16 (February 9, 2023): 239–52. https://doi.org/10.5281/zenodo.7625345.
Testo completoAbstract (sommario):
In an inquisitorial system of law, the investigating judge is a judge who conducts pretrial investigations into allegations of a crime and, in some cases, makes a recommendation for prosecution. The exact role of investigating judges varies from jurisdiction to jurisdiction; common duties and responsibilities of the investigating judge include overseeing the conduct of the criminal investigation, issuing search warrants, authorizing wiretapping, making decisions regarding pretrial detention, questioning the defendant, hearing witnesses, examining evidence, and compiling an evidence file for trial preparation.
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Puspita, Melati Intan, and Budiarsih Budiarsih. "PENEGAKAN DAN PERLINDUNGAN HUKUM TERHADAP KORBAN PELECEHAN SEKSUAL SECARA VERBAL." Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 2, no. 3 (December 7, 2022): 704–14. http://dx.doi.org/10.53363/bureau.v2i3.58.
Testo completoAbstract (sommario):
Criminal provisions are regulated in the Criminal Code. Formed by the legislature to provide protection against immoral acts or criminals, and behavior in the form of unethical words or actions against good morals. This is because it relates to the sex life habits of the local population, contrary to the notion of community validity in the area of ??sex life where words are spoken and actions are performed. This investigation is a normative legal investigation or a normative legal investigation. Normative legal investigations, or normative legal investigations, are investigations that discuss legal principles, the legal system, the scope of legal synchronization, legal history, and legal comparisons. From the authors' findings, we can conclude that the initial prosecution of verbal sexual harassment has not been successful because of the obstacles in the process. These restrictions include factors of the law itself, factors of law enforcement, and community factors. Second, crime prevention occurs in several stages: development, implementation, and execution. The Criminal Procedure Code also needs to consider two main points of criminal law policy. Protection of victims of verbal violence by Catcalling is Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, Article 5 of Law Number 31 of 1999. This can be done through rights contained in edition 39. TPKS Rights Law no. 12 Year 2022
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Yefimov, Mykola. "Forensic description as an element of the methodology of investigation of criminal offenses against morality." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2020): 161–67. http://dx.doi.org/10.31733/2078-3566-2020-3-161-167.
Testo completoAbstract (sommario):
The scientific article is devoted to the study of some aspects of the investigation of criminal offenses against morality. Peculiarities of forensic characteristics as an element of the methodology of investigation of this category of criminal offenses are considered. The author emphasizes that any method of investigating certain types of criminal offenses has a certain structure, an important element of which is the forensic characteristics. The concept of forensic characteristics as an element of methodology, quantity, content and significance of structural elements of this scientific category remain vague and contradictory. Moreover, at the turn of the millennium, the question of the expediency of the existence of forensic characteristics as a scientific category in general became acute. Therefore, it should be borne in mind that the value of forensic characteristics can be divided into practical and theoretical. For police officers who are directly involved in the investigation, the most important thing is the practical application of a tool that will help in the investigation process. It is noted that the method of investigation of certain types of criminal offenses is a system of sci-entific provisions, as well as methodological and practical recommendations developed on their basis for the investigation of certain types and groups of criminally punishable acts. It is emphasized that the structure of the studied scientific category is as follows: forensic charac-teristics of criminal offenses; analysis of primary information and initiation of criminal proceedings; cir-cumstances to be proved in criminal proceedings; typical investigative situations; features of conducting initial investigative (search) actions, covert investigative (search) actions and other measures; features of further investigative (search) actions, covert investigative (search) actions and other measures; features of the use of special knowledge during the investigation of a criminal offense; preventive activities of the investigator in relation to the causes and conditions that contributed to the commission of a criminal offense; features of the investigator's activity at the final stage of the investigation.
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Martin-Fumadó, Carles. "Understanding Criminal Investigation." Criminal Behaviour and Mental Health 22, no. 1 (January 20, 2012): 79–80. http://dx.doi.org/10.1002/cbm.814.
Testo completo
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Dinesh,, Dr Chandrasekharan. "Criminal Investigation System." INTERANTIONAL JOURNAL OF SCIENTIFIC RESEARCH IN ENGINEERING AND MANAGEMENT 08, no. 05 (May 11, 2024): 1–5. http://dx.doi.org/10.55041/ijsrem33811.
Testo completoAbstract (sommario):
The Criminal Investigation System with represents a significant advancement in the field of law enforcement technology. By leveraging the power of data and predictive analytics, it empowers investigators to solve cases faster, identify suspects more accurately, and ultimately, enhance public safe. Based on the historical crime data suggest that Hashing algorithm. The digital system functions by gathering and classifying different kinds of information, such as crime scene reports, witness statements, forensic evidence, and suspect profiles. It facilitates the work of an officer by allowing him to compile new, vital case details on demand and to monitor the case's progress online. Keywords: Criminal Investigation, System Law, enforcement technology ,Data Predictive, analytics, Solve cases, faster, Identify suspects public safety, Historical crime , data Hashing algorithm , Gathering information Classifying , information Crime ,scene reports, Witness statements ,Forensic evidence ,Suspect profiles , Officer.
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Dinata, Richie Viata, Fitriati ., and Wirna Rosmelly. "IDENTIFICATION OF CHILDREN'S PERSONALITY PERFORMING CRIMINAL ACTIONS AS A BASIS FOR COMPLETION OF CRIMINAL ACTS DONE BY CHILDREN." UNES Journal of Swara Justisia 4, no. 2 (July 30, 2020): 159. http://dx.doi.org/10.31933/ujsj.v4i2.157.
Testo completoAbstract (sommario):
At the Pariaman District Police Criminal Investigation Unit there are many criminal cases involving minors as perpetrators of criminal investigations. Therefore an investigation is needed to identify the Personality of Children of Criminal Actors by the Pariaman District Police Chief of Criminal Investigation. Identification of criminal investigations by children is carried out with several techniques, including some by interviewing children who are indicated as perpetrators of crime and also by reporting from the public. Crimes involving children as perpetrators of crime are not only caused by genetic factors but also due to lack of supervision from parents and the influence of the social environment and place of residence, therefore the role of parents and us together is expected to be more active in supervising children
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Glavan, Boris. "Development of special investigation activities in relation to criminal process and human rights." Supremacy of Law, no. 1 (January 2023): 101–14. http://dx.doi.org/10.52388/2345-1971.2022.e1.08.
Testo completoAbstract (sommario):
The paper is devoted to the field of special investigative activity and criminal proceedings. Through the historical research method, the evolution of the special investigation activity in relation to the criminal process and the institution of human law is studied and analyzed. The study shows that no distinction was initially made between special investigations and criminal proceedings. Subsequently, as human rights are exploited, these two types of activity are divided, the criminal process becoming a public form of investigation of crimes and special investigations being kept secret, fulfilling the function of providing information on the criminal process and ensuring security. Our country’s adherence to international human rights law has led to the legalization of special investigations separately from criminal proceedings. Later, also under the influence of human rights, the partial reintegration of the two forms of investigations followed. Thus, the whole evolutionary process of special investigations is divided into four consecutive stages: the first stage begins in ancient times and ends in the twentieth century. XIX; the second stage lasts until the end of the century. XX; the third stage begins with the legalization of the special investigation activity and the last stage begins with the reintegration of the special investigation activity and the criminal process.
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Glavan, Boris. "Development of special investigation activities in relation to criminal process and human rights." National Law Journal, no. 2(248) (January 2023): 233–46. http://dx.doi.org/10.52388/1811-0770.2022.1(247).20.
Testo completoAbstract (sommario):
The paper is devoted to the field of special investigative activity and criminal proceedings. Through the historical research method, the evolution of the special investigation activity in relation to the criminal process and the institution of human law is studied and analyzed. The study shows that no distinction was initially made between special investigations and criminal proceedings. Subsequently, as human rights are exploited, these two types of activity are divided, the criminal process becoming a public form of investigation of crimes and special investigations being kept secret, fulfilling the function of providing information on the criminal process and ensuring security. Our country’s adherence to international human rights law has led to the legalization of special investigations separately from criminal proceedings. Later, also under the influence of human rights, the partial reintegration of the two forms of investigations followed. Thus, the whole evolutionary process of special investigations is divided into four consecutive stages: the first stage begins in ancient times and ends in the twentieth century. XIX; the second stage lasts until the end of the century. XX; the third stage begins with the legalization of the special investigation activity and the last stage begins with the reintegration of the special investigation activity and the criminal process.
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Tarigan, Siswo De Cuellar, and Sukarmi Sukarmi. "Investigation Process on Criminal Actions of Corruption of Village Fund." Law Development Journal 2, no. 2 (October 4, 2020): 77. http://dx.doi.org/10.30659/ldj.2.2.77-84.
Testo completoAbstract (sommario):
The purpose of this research To analyze processes investigation of the corruption crime of village funds in Tasikmalaya Regency, which encountered in investigating the corruption crime of village funds in Tasikmalaya Regency, To analyze what solutions investigators took in overcoming obstacles encountered in investigating criminal acts of village fund corruption in Tasikmalaya Regency. The approach method used is juridical normative and juridical socio-logical method, the specifications in the research are descriptive analytical, population and sampling methods are all objects or all symptoms or all events or all units to be studied, data collection techniques use literature study and interviews, data analysis used is qualitative. Research results: Proses investigating the corruption crime of village funds in Tasikmalaya Regency with the existence of a report, the Police carried out a series of investigative actions to find and find an event that was suspected of being a criminal act of corruption in order to determine whether or not an investigation could be carried out in a manner regulated by law. After an investigation is carried out and a criminal act of village fund corruption is found, it is upgraded to an investigation, namely a series of actions by the investigator in terms and according to the manner stipulated in law to seek and collect evidence, which with this evidence makes clear about the criminal act of fund corruption, village that happened and in order to find the suspect. The investigation process extended detention, searches and confiscations. Obstacles faced in carrying out criminal investigations at the Tasikmalaya Police: The suspect did not provide clear information, the witness's statement did not support the implementation of the investigation and the evidence to be submitted was incomplete. Efforts made in overcoming obstacles are as follows: The suspect must provide honest and clear information to the investigator regarding the sequence of events and objects of the criminal act of corruption and where it can be used as evidence to reveal criminal acts of corruption in village funds, Witnesses must be able to cooperate with investigators in provide honest and complete information, making it easier for investigators to uncover criminal acts of village fund corruption, Investigators must be able to find and collect evidence, at least 2 (two) pieces of evidence.
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Bozhyk, Valerii, Ganna Vlasova, Anzhela Stryzhevska, and Petro Tsymbal. "Business criminal investigation: Foreign experience and legal regulation in Ukraine." Social Legal Studios 6, no. 4 (December 10, 2023): 48–57. http://dx.doi.org/10.32518/sals4.2023.48.
Testo completoAbstract (sommario):
The research relevance is determined by the need to reveal effective methods and strategies for investigating business-related criminal offences to ensure an effective fight against corruption and legal security in the economy. The study’s objectives are to identify optimal strategies and tools, as well as to develop recommendations for improving legal regulation in Ukraine. The hermeneutic method, comparative legal method, and case study method were used in the study. The analysis of the Criminal Code of Ukraine, in terms of crimes in economic activity, revealed the main difficulties that exist in the investigation of economic crimes in Ukraine, such as gaps in criminal legislation and insufficient level of efficiency of investigations due to corruption of law enforcement agencies and business representatives. An analysis of the experience of investigating criminal offences in business activities in Germany, the USA, the UK, and the Republic of Lithuania has made it possible to conclude that there are similarities and differences in the legal acts on the investigation of criminal offences in the business sphere, the structure of specialised bodies and the powers of persons involved in the investigation of such offences. This analysis helped to identify the specifics of foreign approaches to certain aspects of investigations, such as anti-corruption bodies and financial monitoring. The effectiveness of investigation systems in other countries is significantly different, as they have more systematic legislation, and a clear structure of law enforcement agencies and special agencies dealing exclusively with economic crimes, which in turn increases the percentage of solving the relevant crimes. The author suggests possible ways to improve the legislation and practice of investigating relevant crimes. The research on this topic brings new approaches and practical conclusions to science, contributing to the improvement of investigation strategies strengthening the legal framework for combating economic crime and increasing the effectiveness of law enforcement measures in the context of the business sector
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Vasiuta, Yuliia. "Current state and prospects of interaction of joint investigation teams with international police organizations." Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav 13, no. 4 (December 9, 2023): 62–72. http://dx.doi.org/10.56215/naia-chasopis/4.2023.62.
Testo completoAbstract (sommario):
In contemporary conditions, crime acquires new characteristics, including transnational cooperation of criminal groups and adaptation to new techniques of investigating criminal offences. This specificity emphasises the necessity of finding an optimal organizational and tactical form of interaction between joint investigation teams and international police organizations. The purpose of the study is to analyse the organizational and tactical aspects of the interaction of joint investigation teams with international police organizations. The methodological toolkit includes general methods of scientific cognition, such as analysis and synthesis, induction and deduction, abstraction, and scientific forecasting. The study substantiates the need for collaboration between joint investigation teams and international police organizations. It explores the tasks of international organizations in the process of investigating criminal offences. It is recommended to focus on the importance of interaction between international police organizations and joint investigation teams by developing guidelines for organising their collaboration during the investigation of criminal offences. It is argued that ensuring international cooperation in the investigation of transnational criminal offences directly depends on the activities of joint investigation teams. In turn, a special form of international cooperation in the process of investigating criminal offences involves interaction with a wide range of participants in the criminal justice system. International organizations, as external factors capable of influencing the fulfilment of joint tasks by law enforcement and other authorities at the national and international levels, hold a prominent place in this partnership. The application of innovative tactical techniques and their complexes by joint investigation teams during procedural actions is associated with the algorithm of using shared methodologies that impact the effectiveness of investigating criminal offences at all levels of interaction. The results of the study will serve as a guide for the law enforcement system in implementing international cooperation
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Osoianu, Tudor, and Dinu Ostavciuc. "Observance of the reasonable term of the criminal investigation – ECHR standards and national regulations." SCIENTIFIC ANNALS of the Academy "Stefan cel Mare" of the Ministry of Internal Affairs of the Republic of Moldova. Legal sciences 11 (October 7, 2020): 86–101. https://doi.org/10.5281/zenodo.4071242.
Testo completoAbstract (sommario):
Finding the accused in a state of uncertainty regarding his future for unjustifiably long period of time, taking into account the fact that he risks a criminal conviction, is contrary to Art. 6 of ECHR. The criteria established by ECHR case law for determining the reasonable time in criminal matters have been taken over by national law: the complexity of the case, the conduct of the applicant and the competent authorities, as well as the stake of the dispute for the person concerned. Procedural law provides special guarantees for the prosecution of minors and detainees in the nearest future. Therefore, in each concrete case, the prosecutor taking the decision to extern the term of the criminal investigation will submit the criminal case to the test in the light of these criteria in order to access the reasonable term of the criminal investigation, having other sufficient powers to control it. At national level, several procedural rules ensure the observance of the reasonable term of the criminal investigation, establishing precise procedural deadlines for the fulfillment of some procedural actions and elaboration of some procedural acts. However, the mechanism of judicial control of the reasonable term is not a perfect one, in this sense the recommendations of “lex ferenda”, are argued.
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Drapezo, Roman, and Viktor Kalashnikov. "Features of prosecutorial inspections of criminal fires (by the example of Kuzbass) as markers of sustainable development of mining region." E3S Web of Conferences 278 (2021): 02015. http://dx.doi.org/10.1051/e3sconf/202127802015.
Testo completoAbstract (sommario):
In this article, the authors consider the issues of using coal as one of the main sources of thermal energy when hiding criminal corpses by burning. It has been established that it is impossible to reproduce the conditions of a crematorium under domestic conditions, and therefore, in order to destroy a corpse, a criminal needs access to a heat source on an industrial scale. Most often, criminals use boiler and stoker stoves to hide the corpse, or destroy the corpse in storage facilities where coal is stored. In the course of investigating criminal cases about these crimes, investigators must find out how the criminal was able to get access to the source of energy - coal, in cases where the coal does not belong to him on the basis of ownership. Meanwhile, the study of criminal cases showed that the duties under consideration are not fulfilled by investigators properly or are not performed at all. The article touches upon the issues of prosecutor's supervision over the investigation of this category of cases, and measures that the prosecutor could take to activate the investigation bodies and other officials in order to counteract the use of coal in criminal acts.
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Wicaksana, Oliestha Ageng, and Umar Ma'ruf. "Investigation Of The Crime Of Embezzlement In Property." Jurnal Daulat Hukum 3, no. 3 (September 8, 2020): 337. http://dx.doi.org/10.30659/jdh.v3i3.11246.
Testo completoAbstract (sommario):
The purpose of this research to find out and analyze the process of investigating criminal acts of embezzlement in positions in the Ciamis Police jurisdiction, obstacles in the process of investigating criminal acts of embezzlement in positions in the Ciamis Police jurisdiction, and analyzing solutions in overcoming obstacles in the process of investigating criminal acts of embezzlement in positions in the region the law of the Ciamis PoliceThis study uses an empirical juridical approach with descriptive analysis research specifications. The data used are primary data and secondary data obtained through interviews and literature study. The data analysis method used was qualitative analysis. Furthermore, based on the results of the research, it can be concluded: Investigations on suspects of embezzlement in positions in the Ciamis Police jurisdiction with Police Report case Number: LP / 74 / B / III / 2019 / JBR / SPKT Res Ciamis, March 30, 2019 on behalf of the reporter OHT Bin JA, namely as follows: Crime Scene Examination, Investigation, Preparation of Minutes, Examination of evidence: Search, confiscation, Expert statements, arrest or detention and examination of suspects, Resume and submission of files Obstacles: not everyone knows, hearing of a criminal act of embezzlement who wants to report to the legal apparatus (police), there is collusion of a neat series of cooperation from top to bottom in the criminal act of embezzlement in a position so that it is difficult to find and because of the shrewdness of the accused or the embezzler in the position itself, the cleverness of the perpetrator criminal embezzlement in a position to cover up his crimes, especially with the advancement of technology today. Solutions in overcoming obstacles in the process of investigating criminal acts of embezzlement in positions within the jurisdiction of the Ciamis Police: Investigators must provide a sense of security if there are people who know of criminal acts of embezzlement in their positions in the jurisdiction of the Ciamis Police.Keywords: Investigation; Crime; Embezzlement.
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Dehtiarova, Olha. "Ensuring information security in criminal proceedings." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 401–4. http://dx.doi.org/10.36695/2219-5521.2.2020.78.
Testo completoAbstract (sommario):
The scientific article considers the issue of information protection during the investigation of criminal proceedings, informationsecurity. The position of researchers and practitioners on information security at the stage of pre-trial investigation of criminal procee -dings is studied.The provisions of the Law of Ukraine «On Information», the Strategy for the Development of the System of the Ministry of InternalAffairs of Ukraine until 2020, the Regulations on the Procedure for Maintaining the Unified Register of Pre-trial Investigations toEnsure Information Security in Proceedings are analyzed.The introduction of information technology in criminal procedure has become an urgent issue, and their application has necessitatedthe need to address the issue of information security in criminal proceedings. When investigating proceedings, the investigatorsuse databases and enter into these databases information that must be securely protected. Information in criminal proceedings needsspecial protection, as it is subject to encroachment by interested parties on its disclosure and transmission.Ensuring information security is to create appropriate conditions for the storage, processing and exchange of information that inany way relates to the investigation of criminal proceedings. Interference in the activities of pre-trial investigation bodies through informationsystems is an undermining of the principle of independence of the law enforcement system. It is important not only to combatunauthorized interference, but also to increase the degree of responsibility for such actions. Because all data collected in criminal proceedingsare protected by law and are a secret of the investigation.Information security in criminal proceedings is the protection of the information environment of electronic criminal proceedingswith the help of means and methods of information storage, which ensures the proper functioning of criminal proceedings and facilitatesthe implementation of its tasks.
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Moiseev, Alexander, and Sergey Kondratyuk. "Investigating the Occupation of the Highest Position in the Criminal Hierarchy: a Technological Approach." Russian Journal of Criminology 17, no. 1 (March 13, 2023): 64–72. http://dx.doi.org/10.17150/2500-1442.2023.17(1).64-72.
Testo completoAbstract (sommario):
The authors examine the structure of the investigative technique used to investigate the occupation of the highest position in the criminal hierarchy. This technique is presented as a way to algorithmize and optimize the investigation. The attributes of the investigative technique for the abovementioned type of crimes are identified: 1) the legal attribute shows that it belongs to investigative activities; 2) the information attribute reflects criteria for the information effectiveness of conducting an investigation; 3) the structural attribute unites series of work operations adapted to the specific circumstances of the investigation; 4) the attribute of taking into account the investigation counteraction factor. It is proven that the resources of investigation (material, technical, personnel, information, normative-legal) should be used effectively and rationally. The sector of tasks included in the structure of the investigative technique of investigating the occupation of the highest position in the criminal hierarchy determine the key guidelines for conducting investigations in difficult and ambiguous conditions. The tasks are distributed for the stages of conducting an investigation. The specific features of these tasks are identified. The authors demonstrate the significance of such forensic expertise as criminological, culturological, psychological, economic, photo-portrait, and others, in investigating the occupation of the highest position in the criminal hierarchy. The sector of personnel support of this investigation technique describes the actions of the investigator that use the human resources potential of the investigative bodies and court-expert organizations. The section of material and technical support includes recommendations on using the operative-technical tools, technical-criminalistic tools and resources of specific criminalistic methods. The authors point out the problem of the accessibility of material-technical, personnel, information, normative-legal and other resources of the investigation. This section of investigative technique also contains information on specialists and experts involved in investigative actions and expertise. The authors discuss the problem of investigative prevention of occupying the highest position in the criminal hierarchy. The effectiveness of the technique of investigating the occupation of the highest position in the criminal hierarchy is proven by cases from investigative and court practice.
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Сотников, Константин Иванович, and Екатерина Александровна Антонова. "Criminal Investigation Techniques and Modern Criminal Policies." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 4 (December 15, 2021): 121–25. http://dx.doi.org/10.26163/gief.2021.99.84.017.
Testo completoAbstract (sommario):
Рассматривается вопрос о месте и роли криминалистики в системе уголовной политики российского государства, анализируется взаимосвязь криминалистики и уголовной политики. Формулируется авторское определение термина «криминалистическая политика», под которой понимается реализация уголовной политики посредством внедрения в практику современных средств и методов раскрытия и расследования преступлений. Подчеркивается, что в условиях глобализации экономики, вызовов в сфере информационных технологий актуализируются государственные задачи защиты принципиально новых отношений и интересов. Законодателем формулируются новые составы преступлений в сфере экономики, информационных технологий, преступлений, связанных с системной коррупцией, а также обеспечением государственной безопасности. Перед криминалистикой стоит задача реагирования на изменения законодательства, внедрения новых частных методик расследования в практику противодействия преступности. Авторы ставят вопрос о выработке криминалистической стратегии и формулировании криминалистической политики. The article considers forensic science-related matters with regard to the place and role of criminalistics in the system of the penal policy of the Russian state, analyzes the relationship of criminalistics and criminal policy. The author's own definition of the term "criminalistic policy" is formulated, which refers to and is understood as the implementation of criminal policy through introduction in practice of modern means and methods of disclosure and investigation of crimes. It is emphasized that in the context of the globalization of the economy and having regard to challenges in the field of information technology, the state tasks of protecting fundamentally new relations and interests are being actualized. The legislator formulates new elements of economic crimes, offenses in the field of information technology, crimes dealing with systemic corruption, as well as the ones related to ensuring state security. Criminalistics is faced with the task of responding to changes in legislation, introducing new private investigation techniques into the practice of countering crime. The author raises the question of the development of relevant forensic strategies and the formulation of a forensic policy.
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Irwanto, Chaidir Ellydar, and Setiadi Edi. "State Criminal Return Policy Against Corruption." Law and Humanity Quarterly Reviews 2, no. 2 (June 12, 2023): 101–14. https://doi.org/10.31014/aior.1996.02.02.63.
Testo completoAbstract (sommario):
The Anti-Corruption Law was ruled out by Criminal Agency STR, here according to the author the law is not ruled out, but if the state's losses are returned then the criminal act will stop at the investigation level. There is a gap in understanding in legal references between investigations which should be interpreted as investigations but because the Criminal Procedure Code separates the functions of investigation and investigation, this study will follow a positive law pattern, where investigations are divided into two, namely investigation and investigation. The investigation is not yet pro-justiciar in nature, while the investigation is already pro-justiciar with all its legal consequences. In line with the special characteristics of corruption compared to other criminal acts. With this STR and the recovery of losses the state can stop investigations, thus contradicting Article 4 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes, that returning state financial losses or the state's economy does not abolish the punishment of perpetrators of criminal acts as referred to in Articles 2 and Article 3. The purpose of this research is to examine criminal policies regarding the recovery of state financial losses against corruption. The method used is normative legal research. Based on the research results it is known that the criminal policy that has been implemented by the government through various laws does not eliminate the unlawful nature of corruption even though there is compensation for state financial losses by the defendant. This return is because Article 4 of the PTPK Law states that returning state financial losses is only one of the reasons to alleviate punishment and does not abolish punishment for perpetrators who violate the provisions of Article 2 and Article 3 of Law Number 31 of 1999 concerning Eradication of Corruption Crimes. Although many corruptors have been charged with Law Number 31 of 1999 concerning the Eradication of Corruption Crimes and sentenced to prison for being proven detrimental to state finances, in practice the application of the element of harming state finances in Law Number 31 of 1999 concerning the Eradication of Corruption Crimes The handling process Cases of criminal acts of corruption often cause problems, namely violations/deviations of the provisions of Article 4 in law enforcement practices of criminal acts of corruption.
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Mamanarov, Xaitmurat. "GENERAL RULES OF CRIMINAL TACTICS. PLANNING AND ORGANIZING THE INVESTIGATION." Multidisciplinary Journal of Science and Technology 4, no. 11 (November 25, 2024): 213–16. https://doi.org/10.5281/zenodo.14218664.
Testo completoAbstract (sommario):
This article explores the general rules of criminalistic tactics, focusing on the planning and organization of criminal investigations. It addresses the importance of systematic approaches, effective decision-making, and the coordination of investigative activities. The article also delves into the key principles guiding criminalistic tactics and how they are implemented to optimize the investigation process. Through an analysis of relevant literature and established methodologies, the article outlines the best practices for organizing and planning investigations.
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Александр Павлович, Опальский,, and Лебедева, Анна Андреевна. "Forensic relevant aspects of the identity of the perpetrator in the investigation of market manipulation." Расследование преступлений: проблемы и пути их решения, no. 3(37) (October 10, 2022): 119–26. http://dx.doi.org/10.54217/2411-1627.2022.37.3.015.
Testo completoAbstract (sommario):
Изучение личности преступника при расследовании манипулирования рынком представляет особый интерес, поскольку при расследовании любого преступления необходимо учитывать те свойства и состояния виновного, которые проявились в способе преступления или значимы для индивидуализации наказания. Следует отметить, что лицо, совершающее уголовно наказуемые действия, квалифицируемые в соответствии с нормами ст. 185.3 УК РФ, не обладает какими-либо врождёнными криминальными свойствами или так называемыми преступными психофизиологическими качествами. Лица, скомпрометированные по ст. 185.3 УК РФ, осведомлены о рыночных механизмах получения прибыли путём действий на бирже, а также обладают представлением о том, каким образом замаскировать свои незаконные действия под операции с ценными бумагами, реализуемые посредством различных не запрещённых регулятором тактик. В статье рассматриваются типологии личности преступников. Выводы авторов подтверждены примерами из следственной и судебной практики. The study of the criminal's identity in the investigation of market manipulation is of particular interest, since in the investigation of any crime it is necessary to take into account those properties and conditions of the perpetrator that manifested themselves in the method of the crime or are significant for the individualization of punishment. It should be noted that a person who commits criminally punishable acts qualified in accordance with the norms of Article 185.3 of the Criminal Code of the Russian Federation does not have any innate criminal properties or so-called criminal psychophysiological qualities. Persons compromised under Article 185.3 of the Criminal Code of the Russian Federation are aware of market mechanisms for making a profit through actions on the exchange, and also have an idea of how to disguise their illegal actions as securities transactions implemented through various tactics not prohibited by the regulator. The article examines typologies of the personality of criminals. The authors' conclusions are supported by examples from investigative and judicial practice.
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Glavan, Boris. "REFLECTIONS ON THE VALORIZATION OF THE RESULTS OF SPECIAL INVESTIGATIONS IN THE CRIMINAL PROCESS." Anale Ştiinţifice ale Academiei "Ştefan cel Mare" a Ministerului Afacerilor Interne al Republicii Moldova. Știinţe juridice . 14 (November 8, 2021): 152–63. https://doi.org/10.5281/zenodo.5653473.
Testo completoAbstract (sommario):
The study is devoted to the issue of the relationship between special investigation and criminal proceedings. Essentially, in terms of theoretical research, the problem of capitalizing in the criminal process the information obtained by carrying out special investigative measures is analyzed. The provisions of the legislation of the Republic of Moldova pertinent to the approached subject are analyzed, especially being the provisions of the Code of Criminal Procedure and Law no. 59/2012 on the special investigation activity.
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Savitskaya, Irina G., and Larisa V. Lazareva. "Exploring the Evolution and Contemporary Dynamics of Investigating Criminal Cases Against Minors." Russian Journal of Legal Studies (Moscow) 1, no. 1 (April 24, 2024): 65–70. http://dx.doi.org/10.17816/rjls623680.
Testo completoAbstract (sommario):
Since the enactment of the current Criminal Procedure Code of the Russian Federation, the effectiveness of investigating cases involving minors has gained considerable attention. This heightened relevance stems from the provisions of the 2001 Criminal Procedure Code, which expanded the scope of preliminary investigations for such cases to include inquiries, sparking lively debates among scholars. Currently, the question of determining jurisdiction for criminal cases involving juvenile offenders remains both theoretically and practically significant, necessitating further study. This article delves into the historical evolution of the investigation of criminal cases involving minors and examines its current state.
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Labozeviča, Sanita. "ADMISSIBILITY OF EVIDENCE IN THE INVESTIGATION OF ROAD TRAFFIC ACCIDENTS IN PRE-TRIAL CRIMINAL PROCEEDINGS." Administrative and Criminal Justice 1, no. 86 (March 31, 2019): 21. http://dx.doi.org/10.17770/acj.v1i86.4219.
Testo completoAbstract (sommario):
The research paper is devoted to the problems of evidence’s disposal admissibility in road accident investigation during pre-trial criminal proceedings. The understanding of evidence admissibility in the Latvian and foreign criminal procedural law theory and law enforcement practice is examined; implementation of the establishment during pre-trial criminal proceedings by investigating road accident crimes during pre-trial criminal proceedings. The objective of the research paper: to investigate theoretical and practical issues of the establishment of disposal admissibility by investigating road accident crimes during pre-trial criminal proceedings; to identify problems in this context and to offer their solutions. During the practice pre-trial criminal investigation in road accident cases indicate shortcomings in the legal framework, as well as the competence of officials conducting criminal proceedings, the organization of work and the lack of methodological materials and standardized forms related to the specific nature of the road accident investigation. The solutions proposed by the author are related to the strengthening of the attachments’ admissibility specified in section 130 of the Criminal Procedure Law as evidence in criminal proceedings.
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Iskandar, Ismail, Muhadar Muhadar, and Hijrah Hijrah. "The role of criminal investigation unit in South Sulawesi regional police about law enforcement against makers and hoax information spreaders." Jurnal Cakrawala Hukum 12, no. 3 (December 1, 2021): 284–93. http://dx.doi.org/10.26905/idjch.v12i3.5159.
Testo completoAbstract (sommario):
This study aims to determine the role of the criminal investigation unit in South Sulawesi Regional Police about law enforcement against hoax spreaders and to investigate crime prevention efforts by the criminal investigation unit in South Sulawesi Regional Police against perpetrators and hoaxes. This research is an empirical juridical study using interview and literature research methods as data collection techniques which are then analyzed qualitatively and presented descriptively. As for the conclusions of this study, viz. (1), the criminal investigation unit in South Sulawesi Regional Police plays a role in law enforcement against spreading hoax news crime, i.e. conducting investigations and investigations of special crimes, coordination, operational supervision, and administration of PPNS investigations in accordance with laws and regulations provisions. which is carried out based on the ideal role, the expected role, and the actual role, and (2) criminal investigation unit in South Sulawesi Regional Police in enforcing the law against the Crime of Information Dissemination or Hoax News conducts socialization efforts, broadcast public service advertisements and cyber patrols as a preventive or non-penal effort and conducts an investigation and investigation process based on the Criminal Procedure Code and Law Number 19 of 2016 concerning Information and Electronic Transactions (ITE) as a repressive or penal effort.How to cite item: Iskandar, I., Muhadar, M., Hijrah, H. (2021). The role of criminal investigation unit in South Sulawesi regional police about law enforcement against makers and hoax information spreaders. Jurnal Cakrawala Hukum, 12(3), 284-293. doi:https://doi.org/10.26905/idjch.v12i3.5159.
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Zhang, Junshan, and Yang Lei. "Trend and Identification Analysis of Anti-investigation Behavior in Crime by Machine Learning Fusion Algorithm." Wireless Communications and Mobile Computing 2022 (May 19, 2022): 1–11. http://dx.doi.org/10.1155/2022/1761154.
Testo completoAbstract (sommario):
In recent years, people’s living standards have gradually improved, and informatization has brought convenience, but it has also led to many criminal cases. Because the criminals’ criminal methods are diverse and constantly renovated, this feature is very prominent, and the illegal activities on the Internet are becoming more and more intense. Therefore, it is necessary to strengthen the research on the trend and identification of anti-investigation behavior in crime. The purpose of this paper is to study how to use machine learning fusion algorithms in the trend and identification of anti-investigation behavior in crime. This paper proposes a machine learning fusion algorithm and the basic conceptual knowledge of anti-investigation behavior in crime. The experimental results of this paper show that with the increasing number of criminal incidents, criminals’ means of committing crimes have also been improved. The anti-investigation capabilities of criminals have also become more sophisticated, which makes the work of law enforcement officers more difficult. The anti-investigation behavior of criminals in crime has many characteristics, among which the concealment reaches 54%-68%, and the virtuality reaches 68%-79%. It can be seen that the characteristics of criminals’ anti-investigation behavior provide a wider space for criminals to commit crimes. The advantage of the machine fusion algorithm is that the classification rules generated are easy to understand and have high accuracy, so it is very suitable for the classification and identification of anti-investigation behaviors in crimes. Therefore, it is urgent to use machine fusion algorithms to identify them.
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Ishigeev, Vladimir S., Iraida V. Smolkova, and Anastasia V. Puzikova. "OCCUPATION OF THE HIGHEST POSITION IN A CRIMINAL HIERARCHY AS AN OBJECT OF CRIMINALISTIC RESEARCH." Russian investigator 11 (November 12, 2020): 45–48. http://dx.doi.org/10.18572/1812-3783-2020-11-45-48.
Testo completoAbstract (sommario):
The article analyzes the forensic features that affect the disclosure and investigation of criminal cases related to occupying the highest position in the criminal hierarchy (Art. 2101 of the Criminal Code of the Russian Federation). The authors point out two important points in the investigation of criminal cases related to occupying a higher position in the criminal hierarchy. The first appearance of the new norms of the criminal law, like many others, stipulates the development for the investigation bodies of a certain method of investigation based on scientific knowledge. Second, to form the evidence base in a criminal case and, in general, to develop a methodology for investigating such cases, it is necessary to establish a key point related to the definition of the basic concept of “occupying a higher position in the criminal hierarchy” In this connection, it is of practical importance for this category of criminal cases to identify forensic characteristics and their subsequent integration with the knowledge of other sciences involved in determining the essence of the prohibition established by the criminal law.
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Marushev, A. D. "THE QUESTIONS OF DETERMINING THE PURPOSE OF A SEARCH IN THE PROCESS OF CRIMINAL BANKRUTCY INVESTIGATION." Actual problems of native jurisprudence, no. 06 (March 2, 2020): 153–57. http://dx.doi.org/10.15421/3919115.
Testo completoAbstract (sommario):
The article is devoted to the economic crime investigations, namely criminal bankruptcy. The urgency of the topic is also due to the fact that the problem of investigating of economic crimes, namely criminal bankruptcy, is one of the most complex in the fight against economic crime and is latent. On the basis of investigations of forensic tactics, the perfection of the application of the procedural order and the tactics of conducting investigative (search) actions, especially the search, and the use of their results in proving, was continued. Determining the purpose of a search in the pre-trial investigation of crimes related to criminal bankruptcy is one of the priorities of both criminal procedural law and criminalistics. It is argued that in the process of planning criminal investigations from criminal bankruptcy it is necessary to trace the relationship between the things (items) of the search and the objects in which they may be hidden. The article formulates and proposes the typical goals of searching documents in the course of a search for investigators in criminal bankruptcy investigations, which include: from the materials of the investigation of criminal bankruptcy it follows that the documents contain information that can be used as evidence of the fact of committing criminal bankruptcy; the materials of the criminal proceedings show that the documents contain factual data about the unlawful acts of someone; from the materials of criminal proceedings it is evident that for a number of business operations falsified accounting documents were issued and there is a need for judicial expert examination (handwriting, technical examination of documents, etc.); the materials of criminal proceedings indicate the need for judicial and economic expertise; the criminal proceedings show that the documents reflecting the economic activity of the debtor enterprise have factual data on the transfer of assets of the enterprise and it is possible to identify the places of their concealment and the persons who received this property; from the materials of criminal proceedings it is seen that in personal documents, persons involved in committing crimes of criminal bankruptcy are actual data on the transfer of tangible assets (assets of the enterprise) to individual citizens for safekeeping. It is proved that without determining the purpose of the search, it is impossible to purposefully carry out search actions of separate documents containing information about the circumstances of committing criminal bankruptcy, finding material and material values that were obtained as a result of its commitment.
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Rezvykh, Roman. "Resistance and Ways of Overcoming It in the Investigation of Fraud in Utility Services." Siberian Criminal Process and Criminalistic Readings, no. 1 (43) (March 29, 2024): 90–99. http://dx.doi.org/10.17150/2411-6122.2024.1.90-99.
Testo completoAbstract (sommario):
The author examines the patters of resistance to the investigation of fraud in the sphere of utility services, as well as of identifying and overcoming it. The problem is highly relevant as the scope of resistance to the investigation of such crimes is growing year by year, and new schemes aimed at disorganizing criminal investigations are invented. Contemporary criminal procedure legislation cannot fully resolve the existing problems in the opposition of the preliminary investigation bodies, on the one hand, and the unscrupulous participants of criminal proceedings, on the other. Due to this, the goal of the research is to analyze the specific features of investigating and solving fraud in the sphere of utility services in the situation of resistance to the investigation, as well as to identify the measures of overcoming it through a full reflection of the characteristic features of resistance to the investigation, and studying the practice and problems connected with it. This research is mainly aimed at identifying the typical problem situations in the work of the investigator, at studying and analyzing them from the standpoint of criminal procedure regulation, as well as at presenting the procedural means of neutralizing resistance. The article offers detailed practical recommendations on preventing the situations of resistance to the preliminary investigation, as well as the neutralization of their harmful impact.
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Yunusa, Edime. "CRIMINAL PROFILING AND THE CHALLENGES OF CRIMINAL INVESTIGATION IN NIGERIA POLICE FORCE KOGI STATE COMMAND." GPH-INTERNATIONAL OF SOCIAL SCIENCES AND HUMANITIES RESEARCH 06, no. 10 (October 17, 2023): 31–65. https://doi.org/10.5281/zenodo.10015599.
Testo completoAbstract (sommario):
The study examined criminal profiling and the challenges of criminal investigation in the Nigeria Police Force focusing on Kogi State Command. The specific objectives of the study included examining the mechanisms put in place to aid criminal profiling in the Nigerian criminal justice system, especially in Kogi State Police Command; an evaluation of the effectiveness of the mechanisms; identification of the challenges facing criminal profiling in the Nigerian criminal justice system, especially in Kogi State Police Command; and suggestions on how criminal profiling can be effective in the Nigerian criminal justice system. The Personality Theory of Criminal Behaviour was adopted as a choice of framework to buttress the study. A purposive sampling technique was adopted in which the study participants were purposively and systematically selected from the sample of 382 out of the total population of 9000 personnel of the Nigeria Police Force. To ensure that the research instruments were valid, a pre-test and proper scrutiny were conducted on every question in the questionnaire and the personal interview guides by five experts. The findings of the study revealed that the establishment of a police records management system, a forensic laboratory system where evidence from DNA sources is scientifically examined, and a central database for all Nigerians were the mechanisms put in place to aid criminal profiling in Nigeria. It was also discovered that criminal investigative analysis, behavioural evidence approach, and environmental psychology were approaches to profiling criminals. The study also established that the mechanisms and approaches used for criminal profiling in Nigeria were very relevant to the criminal justice system but appeared to be ineffective, resulting from inherent challenges such as bribery and corruption, computer illiteracy, lack of professionalism, inadequate funding and remuneration of police personnel and uncooperative attitudes of the members of the public, among others. It was recommended that professional psychologists should be recruited and form a separate department in the Nigerian Police Force; the police should be well funded and better remunerated to boost their morale and commitment to profiling, among others.