Journal articles on the topic 'Committing crime'
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1
Kuzmin, Yury A. "SITUATIONAL CRIME PREVENTION AS A KIND OF CRIMINOLOGICAL CRIME PREVENTION." Oeconomia et Jus, no. 3 (September 30, 2021): 59–66. http://dx.doi.org/10.47026/2499-9636-2021-3-59-66.
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The article raises the problem of situational crime prevention as a type of criminological crime prevention. The urgency of issues related to situational crime prevention, which is aimed at eliminating conditions directly facilitating crimes, has been substantiated. One of the most effective ways to prevent criminal acts is to eliminate provocations and reduce the possibilities for committing crimes, that is situational crime prevention. Understanding the expected and predictable algorithm of the criminal's actions to commit a crime can be successfully used to develop certain measures that eliminate the possibility of committing a crime and thereby prevent it. Situational crime prevention offers very specific methods of crime prevention that are currently being studied and theorized by progressive criminologists. Particular attention is paid to new theoretical directions in this area, such as identifying the places most susceptible to crime, calculating the algorithm for the actions of criminals and determining the places, routes, the time when criminals gather or carry out their criminal activities. Detailed knowledge of this information gives an idea of where and at what moment police officers can intervene to repress the crime, or take the necessary advance actions to prevent the crime. This method is based on focusing on the place and time of the crime. Crime is never completely random, criminal events and criminal behavior are shaped according to a specific time and place. Thus, the essence of the theory of situational crime prevention is to eliminate provocations, reduce the possibilities of committing crimes and conditions facilitating crimes. Its main purpose is situational crime prevention or security measures.
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Kamalova, Dildora. "Criminal legal characteristics of the stages of committing crime." Общество и инновации 1, no. 2 (November 18, 2020): 233–44. http://dx.doi.org/10.47689/2181-1415-vol1-iss2-pp233-244.
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This article analyses the notion of stages of commiting a crime, its criminal-legal characteristics and the retrospective development of norms that criminalise offences.
In this regard, it illustrates the development of a theory and legislation. After a careful examination it is argued that there isn’t a specific definition of stages of crime. Furthermore, it problematises the need for a precise notion of the stages of crime and its distinct character from inchoated crimes. Because there is no united approach on the stages of crime, as well as, its internal division it is hard to implement a single state policy in that respect.
Although there isn’t a specific definition, article argues, it is appropriate to identify a precise definition, make a distinction of stages of crime from inchoated crime. This is important to the extent of gravity of crime and the fact that some of them might be inchoated offences
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Felson, Richard B., and Jeremy Staff. "Committing Economic Crime for Drug Money." Crime & Delinquency 63, no. 4 (July 9, 2016): 375–90. http://dx.doi.org/10.1177/0011128715591696.
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We examine the effects of the type and frequency of drug use on whether offenders engage in economic crime to obtain money for drugs. Analyses are based on a nationally representative sample of prison inmates (5,371 property offenders and 4,588 drug offenders). Daily users of heroin, crack cocaine, or powdered cocaine are most likely to report that they committed their offense for drug money. However, offenders who used these drugs less frequently and daily users of marijuana and methamphetamine reported this motivation as well. The motivation was more common among offenders who lacked access to legitimate income. The findings suggest that economic crimes are used to support recreational drug use as well as heavy use of heroin and cocaine.
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Rossinskaya, E. R., and I. A. Ryadovskiy. "Modern means of committing computer crimes and patterns of their execution." Lex Russica, no. 3 (April 5, 2019): 87–99. http://dx.doi.org/10.17803/1729-5920.2019.148.3.087-099.
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The paper notes that the integration of modern information technologies in all spheres of human activity has led to the informatization and computerization of crime, when it is possible to commit almost any crime by means of computer tools and systems. There is a commonality of some elements of the mechanism of computer crimes, including information about the methods of these crimes.Means of committing computer crimes are considered from the standpoint of a new private theory of information and computer support of forensic activities, the subject of which are the laws of occurrence, movement, collection and study of computer information in the investigation of crimes. The objects are computer tools and systems, especially forensic technologies of collection (detection, fixation, seizure) and research of these objects to obtain evidence and guidance information. From the modern point of view, the method of crime is determined by personality, subject and circumstances of the criminal attack, the system of actions of the subject, aimed at achieving the criminal goal and united by a single criminal plan. The means of a crime commitment are divided into fully structured, including preparation, commission and concealment, and incomplete, when one or two elements are absent. The formation of the means of a crime is influenced by objective and subjective factors, which determines the determinism and repeatability of the means of the crime.The main means of computer crimes are considered: aimed at hiding unauthorized access to computer tools and systems; the use of Trojans for various purposes; infection of computer systems with viruses; the use of hardware and software systems for mass campaigns of malicious software distribution to mobile devices; computer attacks on local corporate networks, etc.It is established that the criminalistic regularity of the formation and implementation of computer crimes is a mandatory stage of preparation for the crime, which at the same time includes actions to conceal the traces of the crime, i.e. the methods of computer crimes are fully structured
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Padalka, M. "CONCEPT OF CONSEQUENCES OF CRIME, THEIR PROPERTIES AND CRIMINALISTIC VALUES FOR THE INVESTIGATION OF ORGANIZED CRIME ACTIVITY IN THE FIELD OF TAXATION." Criminalistics and Forensics, no. 64 (May 7, 2019): 233–39. http://dx.doi.org/10.33994/kndise.2019.64.20.
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The article deals with theoretical approaches to the definition of the concept of traces of a crime, their forensic meaning and properties. It is determined that one of the most important elements of revealing the mechanism of criminal activity is a forensic description of crimes. It reflects the features of the method, as well as the signs of other elements of the structure of criminal activity. In view of this, in the structure of forensic characterization of tax crimes committed by an organized criminal group, we have formulated the features of this class of crime, its traces at certain stages of organized crime, which allows you to establish the basic element of forensic characteristics – the way of committing a crime, as well as place, time it committing and direct participants in organized crime activities. Key words: traces of crimes, forensic characteristic, organized criminal activity, taxation.
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Potapov, Sergey A. "The significance of the criminal-law and criminalistic concepts of crime in the detection and investigation." Current Issues of the State and Law, no. 18 (2021): 309–19. http://dx.doi.org/10.20310/2587-9340-2021-5-18-309-319.
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The relevance of work is due to a comprehensive study of the meaning of the criminal-law and criminalistic concepts of crime in the detection and investigation. The purpose of work is to analyze the criminal-law and criminalistic concepts of crime as systems, as well as to consider their main elements. The implementation of this purpose is achieved by using the laws of dialectics, formal logic and using of general scientific and private scientific research methods. We examine such criminal-law and criminalistic categories as crime, elements and body of crime, criminal activity, and mechanism of committing a crime. We define and study their specific ele-ments, in particular, in the criminal law concept of a crime, such legal catego-ries as “elements of a crime” and “body of crime” are considered. The crimi-nalistic concept of crime is characterized by the criminal activity of the sub-ject, which is investigated through such categories as mechanism of crime, method of committing a crime, situation, mechanism of trace formation, identity of perpetrator, tools and means of crime. We consider the relation-ship of studied characteristics and their significance in solving problems of detection and investigating crimes. We conclude that the comparison of ele-ments of criminal-law and criminalistic concepts of crime allows us to assert that in both cases different elements are considered in importance for them, but in the end they determine one thing – the body of crime.
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Feng, Jiaxin, Lin Liu, Dongping Long, and Weiwei Liao. "An Examination of Spatial Differences between Migrant and Native Offenders in Committing Violent Crimes in a Large Chinese City." ISPRS International Journal of Geo-Information 8, no. 3 (March 1, 2019): 119. http://dx.doi.org/10.3390/ijgi8030119.
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Immigrants and natives are generally comparable in committing violent crimes in many Western cities. However, little is known about spatial differences between internal migrant offenders and native offenders in committing violence in contemporary urban China. To address this gap, this research aims to explore spatial variation in violent crimes committed by migrant and native offenders, and examine different effects of ambient population, crime attractors, crime generators, and offender anchor points on these crimes. Offender data, mobile phone data, and points-of-interest (POI) data are combined to explain the crime patterns of these offenders who committed offenses and were arrested from 2012 to 2016 in a large Chinese city by using box maps and negative binomial regression models. It is demonstrated that migrant and native violent crimes vary enormously across space. Ambient population is only positively related to migrant violent crimes. Crime attractors and generators have more significant and stronger correlations with migrant violent crimes, while offender anchor points have a stronger association with native violent crimes. The results reveal that migrant offenders tend to be attracted by larger amounts of people and more affected by crime attractors and generators than native offenders.
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Batiuk, O., and I. Yevtushenko. "THE SIGNIFICANCE OF CRIMINALISTICS SCIENCE IN ENSURING CRIMES COMBATING AT CRITICAL INFRASTRUCTURE FACILITIES." Scientific journal of the National Academy of National Guard "Honor and Law" 2, no. 81 (2022): 42–47. http://dx.doi.org/10.33405/2078-7480/2022/2/81/263764.
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Results of the study of the significance of criminalistics science in ensuring crimes combating at critical infrastructure facilities are presented. It is emphasized that the theoretical and practical significance of the science of criminalistics science and its element as a mechanism for committing crimes in general, and on objects of critical infrastructure in particular, should be defined as the doctrine of the organization of a systematic investigation of a crime, effective detection, collection and research of evidence in accordance with the norms of criminal procedure law and on the prevention of crimes by applying for these purposes special methods and means developed on the basis of natural, technical and other special sciences and studying the mechanism of crimes at the object of critical infrastructure and the formation of evidence. The author defines that the mechanism of committing a crime at a critical infrastructure facility should be understood as the process of committing a crime, including its method and all actions of the criminal, accompanied by the formation of material and non-material traces, which can be used for the disclosure and investigation of the crime. It was concluded that the concept of criminalistics characteristics of a crime committed at a critical infrastructure facility is a derivative result of the perceived need to develop a criminalistics theory of a crime committed at a critical infrastructure facility. Studying the mechanism of a crime committed at a critical infrastructure facility is also of great practical importance for the investigation of the event that took place, as it allows us to understand the relationship between the methods of committing crimes and the methods of their disclosure. It is the effectiveness of the practical use of criminalistics methods of learning about an event that took place at a critical infrastructure facility that is ensured only if the study of criminalistics methods is carried out on the basis of cognition of the general laws of dialectical materialism, specific to its subject, and the features of the system-structural approach, oriented in the formation of criminalistics for the solution of applied practical tasks.
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Mahardika, Agung, and Uu Idjuddin Solihin. "Pertimbangan Hakim Atas Pencurian dengan Modus Carding Berdasarkan Pasal 362 KUHP Jo. Undang–undang Nomor 19 Tahun 2016 Atas Perubahan Undang-undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik." VERITAS 8, no. 1 (March 21, 2022): 17–33. http://dx.doi.org/10.34005/veritas.v8i1.900.
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This journal discusses the consideration of judges in deciding a crime of one of the Cyber Crime crimes namely Carding. Especially in the case of regulating the Carding crime, the factors of the perpetrators committing the Caeding crime, as well as the consideration of the judge in giving a verdict on the Carding crime. research conducted by studying and examining library legal materials, data collection is done by examining secondary data using primary legal data in the form of a court decision. As well as secondary data. Carding is a crime that is fairly new in Cyber Crime which is a transnational crime but occupies the highest position in Indonesia compared to other Cyber Crime crimes. there is no specific regulation or regulation regarding the crime of Carding despite the existence of Law Number 11 of 2018 as amended by Law Number 19 of 2016 concerning Electronic Information and Transactions and the application of Articles of the Criminal Code but are deemed inappropriate. Law enforcers often have difficulty in overcoming and mismatch in upholding in preventing Carding cases, especially judges to uphold justice which is actually proven or not proven by a defendant committing a crime based on the judge's decision.
Keywords: Carding Criminal Acts, Judge Considerations
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Kushnirenko, S. P., and A. G. Kharatishvili. "Cryptocurrencies Turnover and Forensic Analysis of the Mechanism of Committing Crimes." Kutafin Law Review 9, no. 4 (January 2, 2023): 774–92. http://dx.doi.org/10.17803/2313-5395.2022.4.22.774-792.
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Criminalistics and forensics need rapid development to keep up with the changes in the society that are caused by dramatic changes in information and telecommunication technologies. The paper addresses the issue of including a new subject related to the turnover of cryptocurrencies in criminalistic analysis. Investigative and court practice show that when crimes are committed cryptocurrency can be an object of the offense (e.g., in theft) or can be used by offenders in the mechanism of a crime (e.g., legitimization of proceeds of crime by cashing in). To successfully investigate such crimes, it is necessary to study the mechanism of formation in the cryptocurrency transactions used by criminals in order to provide scientific recommendations to law enforcers concerning detection, fixation, seizure and investigation of traces of a crime. The development of effective tools in criminalistics forms a priority task at the present stage. The authors associate the specifics of the investigation of crimes related to the cryptocurrency turnover with its electronic nature, which determines the criminalistic recommendations proposed in the paper. Urgent training courses for investigators seem to be a reasonable solution to the problem. They can train investigators specializing in the investigation of such crimes, and their training (retraining) should involve the best experts in the field of IT technologies and experts from foreign jurisdictions where law-upholders have already accumulated experience in countering such crimes.
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NTOIMO, LORRETTA FAVOUR CHIZOMAM, BOB CHARLESTINE ELWANGE, BABATUNDE GBADEBO, and FAVOUR CHUKWUNONYEREM NTOIMO. "CRIMINAL ACTIVITIES IN NIGERIA: DOES MOTHER’S MARITAL STATUS MATTER?" WILBERFORCE JOURNAL OF THE SOCIAL SCIENCES 6, no. 1 (September 1, 2021): 1–22. http://dx.doi.org/10.36108/wjss/1202.60.0110.
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This study examines whether mother’s marital status predicts involvement in a particular type of criminal activity. Data were obtained from a survey of 249 male inmates, and interview with Senior Officers in two prisons in Osun State, Nigeria Multinomial logistic regression was used to examine the relative risk of committing a crime against property, crime against persons and victimless crime. The interviews were content analyzed. The majority of the respondents committed crime against property, and 40% were from single mother households. The inmates whose mothers never married, divorced or separated were at a higher risk of committing a crime against property than victimless crime, compared to inmates whose mothers were in a union (RRR 4.45 p<.05). Relative to respondents from two-parent homes, respondents whose mothers were widows were less likely to be involved in crimes against property and persons than victimless crime (RRR 0.19 p<.01). The significant association between mother’s single marital status and involvement in crime against property is suggestive of a link with large financial strain. To curb crime against property and persons and victimless crimes in Nigeria, there is need to pay attention to the marital status of mothers and empower women to strengthen the welfare of children in both the intact and disrupted families
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Muhammat Pazil, Nur Syuhada, Norwaziah Mahmud, Siti Hafawati Jamaluddin, and Nur Aisyah Maslin. "Investigating the Factors of Committing Crime by Foreign Workers Using Fuzzy Techniques." Journal of Computing Research and Innovation 7, no. 1 (March 30, 2022): 15–28. http://dx.doi.org/10.24191/jcrinn.v7i1.262.
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Criminal activities have a huge detrimental impact on society and the country. Foreign workers are among the contributors to the crime rate in Malaysia. Crime rate will not decrease if the factors that influence foreign workers to commit crimes remain unclear and unexplored. Many factors are affecting the foreign workers to commit crime. This research aims to determine the ranking for the factors of committing crimes by foreign workers. The Fuzzy Technique for Order Preference with Similarity to Ideal Solution (TOPSIS) was applied to rank the factors. The alternative of this research is the factors of committing crimes by foreign workers, which are lack of facilities, poverty, wage discrimination, fraud by employment agents, alcohol and drug abuse, and poor education level. The criteria chosen are ex-criminal, desperate individual, legal immigrant and illegal immigrant. Three decision-makers which are police officers must assess the factors in this research using linguistic variables ranging from "very poor" to "very good". The alternatives that would be chosen have the shortest distance to Positive Ideal Solution (PIS) and the farthest distance to Negative Ideal Solution (NIS). Finally, this study demonstrates that the highest ranking for the factors of committing crime by foreign workers is wage discrimination with a closeness coefficient value of 0.5305. The minor contributing factor with a closeness coefficient value of 0.2744 comes from poverty. Many personnel may benefit from the findings of this study. This study provides information about the factors of committing crime most associated with foreign workers, allowing employers to be aware of the risk they come with. This requires them to be more responsive to their employees, such as monitoring employee movement to track their daily activities (e.g., installing security cameras the housing facilities). Besides, employers should fairly deal with their employees and keep the workforce motivated to avoid criminal cases. A future study might broaden the scope of the project by including various sorts of criteria and alternatives.
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Starostenko, Oleg A. "New Methods and Classification of Fraudulent Actions during the COVID-19 Pandemic." Legal education and science 2 (February 18, 2021): 36–39. http://dx.doi.org/10.18572/1813-1190-2021-2-36-39.
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Purpose. Consideration of the method of committing crimes as a key element of the characteristics of crimes committed using information and telecommunication technologies during the period of current restrictions in Russia COVID-19; empirical analysis of the views of criminologists on the way of committing fraud; classification of methods of computer fraud during a pandemic. Methodology: when writing the article, the author used the methods of empirical (observation of the sanitary and epidemiological situation in the country and the state of crime) and theoretical research, through observation, monitoring and comparison — data from the media; information provided by the official websites of the Ministry of Internal Affairs of Russia, the General Prosecutor’s Office. Conclusions. An analysis of the established views of domestic and foreign criminologists on the method of committing cyber fraud allows us to draw conclusions about the lack of special knowledge about the method of committing a crime, criminological classification of fraudulent actions and the presence of differences in understanding the method of committing fraud in the sciences of criminology, criminal law and forensics. The use of the classification proposed by the author of the ways of committing fraud in the future, in our opinion, will allow to reflect in detail the online reality in the mind of the subject, reduce the process of victimization of the individual and minimize virtual risks. Scientific and practical significance. The conclusions and proposals contained in the article can be used in the process of improving legislation in order to prevent fraud on the global Internet and through telephone communications, serve as material for further scientific research in the field of information and telecommunications crime. The conclusions and suggestions made can be taken into account when creating special programs aimed at preventing fraud. The conclusions and results of the article may be of practical importance for the development of separate programs for control over the crime of victimization of the population and in lawmaking activities while improving the Russian legislation.
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Vengerova, Yuliya. "Ways of committing crime in tourist industry." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (March 30, 2020): 244–50. http://dx.doi.org/10.31733/2078-3566-2020-1-244-250.
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It has been emphasized that, in connection with the development of tourism, cases of offenses related to tourism activity or committed under the guise of tourism have increased. At the same time, criminal activities in the field of tourist activity can be committed both by the real subjects of tourist activity, as well as by fictitious enterprises, as well as by persons who accompany the agreements on tourist services. Without knowledge of law enforcement agencies about the main means by which crimes of this kind are committed, success is not always possible, since investigation under such conditions is carried out in conditions of information failure. The article deals with research of scientists' views on the concept and structural elements of ways of committing a crime, considering the forensically significant features of ways of committing crimes in the sphere of tourist activity. The author proves that the ways of committing crimes in the sphere of tourist activity have a complete structure and consist of actions for preparation, direct commission and concealment aimed at achieving a single result. The author has emphasized that, in order to create the conditions necessary for the smooth open-ing of the tourist business, the subjects of tourist activity often go against the law, violating a number of criminal laws, involving in this chain the lawlessness of officials and persons who provide public services, which capable of making unlawful decisions and facilitating unlawful acts. The fttention has been paid to description of ways, to find out their peculiarities, to determine the factors that influence their formation, on the basis of which they are systematized. All types of criminal activities perpetrated in the sphere of tourist activity are divided into three groups: 1) methods of action related to creating the conditions necessary for the smooth opening of the tourist business; 2) unlawful actions related to the pursuit of the successful operation of tourism activities and the acquisition of surplus profits; 3) actions taken under the guise of tourism.
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Ramazanov, T. B., and A. M. Yarakhmedov. "FEATURES OF FORENSIC CHARACTERISTICS OF TAX CRIMES." Law Нerald of Dagestan State University 37, no. 1 (2021): 123–26. http://dx.doi.org/10.21779/2224-0241-2021-37-1-123-126.
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The article reveals the concept and structure of criminalistic characteristics of tax crimes. As structural elements, data on the identity of the criminal, the place, time and conditions of committing tax crimes, the object and subject of the crime, and the reasons that contribute to its Commission are considered. The Central element of the criminalistic characterization of tax crimes is the method of committing the act. A brief description of common ways of evading taxes and other fees is given.
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Tsykora, Anna, and Anastasiya Nelipa. "RESPONSIBILITY FOR CORRUPTION-RELATED CRIMES IN THE SPHERE OF ECONOMIC ACTIVITY." Science & World 2021, no. 1 (July 22, 2021): 6–10. http://dx.doi.org/10.26526/2307-9401-2021-1-6-10.
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Homich, Dmitro. "A study and systematization of methods of thefts of natural gas are by interference with work of device of account." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 336–39. http://dx.doi.org/10.36695/2219-5521.1.2020.67.
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The results of the study of different ways to commit abduction of natural gas by interfering with the work appliance are considered in the article. A special attention is paid to the abduction of natural gas by interfering with manipulation of a gas meter. The study has revealed that these ways include training actions, committing and hiding of criminological traces of such crimes. The ways to commit abduction of natural gas depend on the following factors: professional skills of the offender, construction of gas network, methods of direct impact on gas meters and their components. Results of studying given problem make it possible to systematize the actions of criminals aimed at direct abduction of natural gas by interfering with manipulation of a gas meter: by exposure time (regular and one-off), by form of influence (mechanic and magnetic methods). A way of committing a crime manifested itself in committing certain actions and left certain trace picture changing the environment. These changes reflected the ways of committing the crime, disclosed the professional and criminal skills of the offender. The techniques of committing crimes that were investigated were repeated. This pattern is objective in the investigation technique of the abduction of natural gas by interfering with manipulation of a gas meter. The key finding of the study shows that the repetitive nature of such crimes is explained by the repetition of objective and subjective factors. It gives us reason to talk about similarity in the commission of crimes caused by a coincidence of species traits. The ways to commit abduction of natural gas by interfering with the work appliance includes acts that are naturally associated with the commission of a crime and aimed at preparing and hiding them.
Therefore, to prevent the abduction of natural gas by interfering with manipulation of a gas meter the study focused on revealing the ways of committing such crimes because they are of great use in their investigation. A list of ways to steal natural gas is not complete, new ways of abduction of natural gas will appear that will be characterized by greater level of concealment.
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Porter, Stephen B., and Alysha T. Baker. "CSI (Crime Scene Induction): Creating False Memories of Committing Crime." Trends in Cognitive Sciences 19, no. 12 (December 2015): 716–18. http://dx.doi.org/10.1016/j.tics.2015.08.014.
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Mahmud, Norwaziah, Siti Hafawati Jamaluddin, Nur Azarina Omar, and Nur Syuhada Muhammat Pazil. "Investigating the Factors of Committing Crimes using Fuzzy TOPSIS." Journal of Computing Research and Innovation 3, no. 1 (October 17, 2018): 7–18. http://dx.doi.org/10.24191/jcrinn.v3i1.77.
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It is a major concern for everyone when crime activities are on the rise particularly, if the crimes are happening near them. There is still lack of findings and understanding on the reasons for the occurrence of crimes albeit all the hue and cry. This study is to investigate the significant factors of committing crimes and also their respective ranking. The method of Fuzzy Technique for Order Preference by Similarity to Ideal Solution (TOPSIS) was applied in this study. Fuzzy TOPSIS is commonly used for ranking purpose and selecting multi-criteria variables. Hence, this method is remarkably successful in determining the ranking of the factors as it relates to different criteria and alternatives. In this study, three decision makers are required to evaluate the factors using linguistic variables which vary from ‘very poor’ to ‘very good’. After applying fuzzy TOPSIS, the factors are ranked, thus the results show that lack of education is the major factor that contributes to crime behaviour with closeness coefficient value of 0.4661. The least contributing factor with closeness coefficient value of 0.3632 comes from poverty. The results of this study may be worthwhile for many personnel. Future research may expand the work with different types of criteria and alternatives.
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Kolesnyk, Valery. "Forensic Analysis of Crimes in the Sphere of Information Technologies." Information Security of the Person, Society and State, no. 31-33 (December 20, 2021): 124–36. http://dx.doi.org/10.51369/2707-7276-2021-(1-3)-14.
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The article deals with the issues of foren-sic support for preventing commission of crimes in the field of information tech-nology. It is called to attention that alt-hough introduction of modern infor-mation processes in various spheres of government activities, production and public relations has brought positive re-sults, it has also led to an increase in the cases of committing cyber crimes. Cyber crimes are a new phenomenon in general crime, therefore, the development of ad-vanced techniques to combat them is re-quired. In this process, the forensic sci-ence plays an important role, first of all, for the preparation of recommendations on methods for investigating cyber crimes. Forensic analysis of information technology crimes which are called cyber crimes indicates that their investigation is different from the investigation of other crimes. This is largely due to the fact that computer objects can be both means of committing such crimes and objects of criminal encroachment. Information stored on computer media can be per-ceived and evaluated solely by using computer equipment and digital technol-ogy. Without this, it is impossible to iden-tify persons involved in committing a crime and obtain the evidence necessary to solve the crime. To study and evaluate them as sources of evidence, one needs to resort to the help of specialists, com-puter equipment and sophisticated soft-ware. It distinguishes computer objects from other material objects that is why it is necessary to put computer objects into a separate category of sources of evi-dence in forensic science and criminal procedure.
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Aghazadeh, Alireza, Mohammadali Ardebili, Mohammad Ashouri, and Mohammadali Mahdavisabet. "Organized Smuggling of Goods in the Criminal Law of Iran and Turkey." Journal of Politics and Law 10, no. 5 (October 18, 2017): 24. http://dx.doi.org/10.5539/jpl.v10n5p24.
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Smuggling of goods, known as one of the most obvious instances of economic crimes, has done irreversible harms to the economic systems of countries through placing obstacles in the way of productive investment, undermining healthy competitions in business, and finally forming and expanding underground and hidden economies. Creating the areas of money laundering and committing transnationally organized crimes, smuggling jeopardizes the economic and political security of countries seriously. On the other hand, committing smuggling crimes in groups has led to the expansion and intensification of such actions and made it quite difficult for the criminal justice systems to identify and deal with them. Organized crimes, which are among more evolved forms of group crimes, influence different areas of society because such crimes are compulsorily accompanied by the prevalence of bureaucratic and financial corruption. In addition, such crimes have negative impacts on the cultures of societies. Based on the proportionality of crimes, punishments, and distributive justice and the theory of punishment, criminal policy makers, therefore, have considered the quality of committing smuggling crime, such as organization, in order to effectively deal with this phenomenon in different countries. They have also showed differentiating and strict reactions to this type of crime. The aim of the current study was to investigate the theoretical concepts and foundations of organized smuggling of goods in Iran and Turkey. It was also intended to study the legal approaches adopted by these countries to this type of crime along with the similarities and differences of their legal systems.
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Pinotti, Paolo. "Immigration Enforcement and Crime." American Economic Review 105, no. 5 (May 1, 2015): 205–9. http://dx.doi.org/10.1257/aer.p20151040.
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Immigration enforcement has ambiguous implications for the crime rate of undocumented immigrants. On the one hand, expulsions reduce the pool of immigrants at risk of committing crimes, on the other they lower the opportunity cost of crime for those who are not expelled. We estimate the effect of expulsions on the crime rate of undocumented immigrants in Italy exploiting variation in enforcement toward immigrants of different nationality, due to the existence of bilateral agreements for the control of illegal migration. We find that stricter enforcement of migration policy reduces the crime rate of undocumented immigrants.
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Mohebi, Ali, and Esmaeel Afrasiabi. "The War Crime of Committing Outrages upon Human Dignity and Degrading Treatment." Asian Social Science 13, no. 8 (July 24, 2017): 135. http://dx.doi.org/10.5539/ass.v13n8p135.
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The present paper seeks to discuss the war crime of committing outrages upon human dignity, in particular humiliating and degrading treatment. This crime is defined in Article 8(2)(b)(xxi) of the International Criminal Court Statute. Although the war crimes perpetrated in Camp 9 of Iraq are not limited to outrages upon human dignity, in particular humiliating and degrading treatment, this crime was selected to be studied here based on several criteria: first, it was inflicted upon all prisoners; second, it was practiced for the entire period of our imprisonment, i.e. four and a half years; third, it was explicit and obvious; and fourth, all prisoners were victimized by this crime. Humiliating and degrading treatment here refers to a lack of lavatories within the dormitories of the camp which brought about degrading and immoral consequences. Unfortunately, the officers of the Red Cross who frequently visited the camp took no measure to solve the problem.
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Gаrbatovich, Denis A. "Voluntary Refusal and Unapproachable Criminal-Legal Acts." Rossijskoe pravosudie, no. 3 (February 24, 2022): 89–98. http://dx.doi.org/10.37399/issn2072-909x.2022.3.89-98.
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The article raises the problem of the absence of a generally accepted opinion on the legal nature of voluntary refusal to commit crimes, as well as actions directly aimed at committing a crime before the legal end of the crime. The purpose of the work is to reveal the criminal-legal nature of acts aimed at committing a crime. Tasks: 1) determine the legal nature of the voluntary refusal to commit a crime; 2) find out the criminal legal nature of the acts that are aimed at committing a crime; 3) consider the acts that are aimed at committing a crime, through their correlation with other legal facts in the criminal law system. Research methods: technical-legal, formal-logical, analytical. After analyzing the act, which is expressed in the creation of conditions to commit a crime, and also sent directly to the Commission of a crime, to legal the crime or occurrence beyond the control of individuals circumstances due to which the intended crime will not be brought to an end, in the following conclusions: – the considered acts are by their nature socially dangerous illegal non-criminal criminal acts; – the acts under investigation are legal facts of criminal law that lead to the emergence of protective criminal legal relations; – the content of the resulting protective legal relations is not the implementation of criminal liability or other measures of a criminal legal nature, but the obligation of the state to prevent the Commission of relevant socially dangerous actions (inaction); – being illegal acts, they are not punishable, since before their suppression, the person has the right to voluntarily refuse to commit the intended crime; – as legal facts, they are inextricably linked with other actions or events that together create other legal structures in the criminal law system: crime or voluntary refusal; – the legislator did not take into account the peculiarity of the legal nature of the studied non-criminal acts when formulating the “voluntary refusal of a crime” in the criminal law, as a result of which its definition by content is logically contradictory. It is not possible to voluntarily refuse to prepare for a crime because an inherent feature of preparing for a crime in accordance with the criminal law is the presence of circumstances beyond the person’s control, as a result of which the person does not complete the intended crime. It is the presence of these circumstances that makes it impossible to make a voluntary refusal.
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Shaw, Julia, and Stephen Porter. "Constructing Rich False Memories of Committing Crime." Psychological Science 26, no. 3 (January 14, 2015): 291–301. http://dx.doi.org/10.1177/0956797614562862.
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Латиш, Катерина. "Criminalistics analysis of cyber tools for committing crimes." Problems of Legality, no. 153 (June 16, 2021): 165–72. http://dx.doi.org/10.21564/2414-990x.153.230429.
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The article is devoted to the problems of the information and communication technologies which are used as cyber tools for committing crimes. Due to the coronavirus and the widespread lockdown, crimes have also moved to online space. The empirical base of cybercrime is analyzed taking into consideration the latest trends caused by the ongoing pandemic. Mostly this category of crimes is latent and quite difficult to investigate. Especially due to the lack of knowledge in the field of informatics, which is constantly being transformed (changed), by investigators and other participants of the pre-trial investigation. Modern scientific and technical tools are needed to detect, collect and fixed electronic traces of cybercrimes. It should be enhance the technical capabilities of forensic laboratories that specialize in the investigation of cybercrimes related to the use of information technology. But there is a problem because of lack of financial support and needness quite expensive equipment for conducting new computer expertise. This requires significant additional funding, which is not fully provided to the police station by the government. Cybercrime is a transnational crime that has no borders. Criminals from different countries can unite and detect such complicity in a timely manner is quite difficult. So it is necessary international cooperation with FBI, Interpol and other organizations, law-enforcement bodies. During the investigation it should be reconstruct the stages of the hacker's growth and return to his the very beginning, when he was not a such professional, but only gaining experience. The complication of identifying criminals is also that they use traditional tools such as Wi-Fi routers and non-traditional ones such as "boto-farms" which are used as cybertools for committing the crime.
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Mondokhonov, Andrey N. "The problem about the development of the perspective the institute of complicity in the crime and its use in the modern circumstances." Russian Journal of Legal Studies 6, no. 3 (April 1, 2020): 153–59. http://dx.doi.org/10.17816/rjls19134.
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The author of the research-based conclusion about the prospects of development of complicity in a crime and its enforcement in modern conditions. With a view to the unification of the Institute of complicity and group crime it is proposed to replace the qualifying trait of offences group of persons and a group of persons by prior conspiracy for classifying sign of committing crimes in complicity on involving persons who are not capable of criminal responsibility, exclude classifying sign of committing crime organized group with the criminalization of the creation, management and participation in an organized group. Based on the experience of international law, as well as criminal legislation of foreign countries, expedience implementation in Russian criminal legislation of quantitative criteria of differentiation of organized groups and irregular. Places particular emphasis on intensive development of information and telecommunication technologies, which makes the remoteness and hence the remoteness and anonymity of the involvement of accomplices in criminal activities, including terrorist, extremist, in drug crime.
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Stratonov, Vasyl. ""Computer crimes": some features and characteristics." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (June 3, 2020): 134–41. http://dx.doi.org/10.31733/2078-3566-2020-2-134-141.
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Unfortunately, along with positive achievements, informatization also has negative manifestations, namely, the possibility of using computer technology to commit crimes. The world has long been talking about "cy-bercrime" about "computer crime," and chapter 16 of the Criminal Code of Ukraine deals with crimes in the use of computers, computer systems and networks, as well as telecommunications. Therefore, we can state that a unified approach to the definition of a concept does not exist. However, the introduction of certain norms into the law does not solve the problems. Problems arise with the direct implementation of these standards in everyday life. Since “computer crimes” are transnational in nature, we must join forces to combat such crimes. In developed countries, this type of crime leads to huge losses, significant funds that are spent on the development and implementation of software, technical and other means of protection against unauthorized access to information, its distortion or destruction. With this in mind, it is fundamen-tally important to study methods of committing crimes using computers, computer systems and telecom-munication networks. Therefore, we characterize some of the most common ways of committing computer crimes. Such crimes are characterized by the following features: the complexity of their detection and in-vestigation, the difficulty of proving in court, the high damage even from one crime. Therefore, based on the analysis of both theory and the results of practice, we primarily focus on individual methods of committing “computer crimes”. We reveal in the article the content, forms and methods of committing computer crimes in the realities of today. We focus on the main methods of unauthorized receipt of information, namely: the use of a device that listens (bookmarks); deleted photo; interception of electronic radiation; hoax (disguise for system requests); interception of acoustic radiation and restoration of printer text; theft of media and industrial waste (garbage collection); reading data from arrays of other users; copying storage media with overcoming protection measures; masking a registered user; use of software traps; illegal connection to equipment and communication lines; failure of defense mechanisms. We characterize the most common both methods and methods of unauthorized receipt of infor-mation from computer and information networks. Knowing the ways of committing crimes will help to further prevent the commission of crimes, take preventive measures.
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Kaskela, Teemu, and Tuuli Pitkänen. "The Effects of Gender and Previous Prison Sentence on the Risk of Committing Crime Among a Substance-Abusing Population." Crime & Delinquency 64, no. 6 (December 11, 2016): 703–22. http://dx.doi.org/10.1177/0011128716682229.
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Is the gender gap theory in criminology valid for substance abusers who have been imprisoned? We analyzed the risk of committing a crime between 2006 and 2010 using a Cox regression analysis. The data from Finland consisted of 2,034 women and 4,537 men substance abusers divided into groups based on prior imprisonment. Overall, men had a greater risk of committing any crime than women did. However, the gender gap hypothesis was not valid in the specific case of property crimes in a substance-abusing population with prior incarcerations. Women with prior convictions differ profoundly from other substance-abusing women. This raises a question if imprisonment had a wider marginalizing effect on women than on men.
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Billings, Stephen B., David J. Deming, and Stephen L. Ross. "Partners in Crime." American Economic Journal: Applied Economics 11, no. 1 (January 1, 2019): 126–50. http://dx.doi.org/10.1257/app.20170249.
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Social interactions may explain the large variance in criminal activity across neighborhoods and time. We present direct evidence of social spillovers in crime using random variation in neighborhood residence along opposite sides of a newly drawn school boundary. We first show evidence for agglomeration effects—within small neighborhood areas, grouping more disadvantaged students together in the same school increases total crime. We then show that these youths are more likely to be arrested for committing crimes together—to be “partners in crime.” Our results show that neighborhood and school segregation increase crime by fostering social interactions between at-risk youth. (JEL I24, I28, J13, K42, R11, R23, Z13)
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Dorodonova, Natalia, Ekaterina Evstifeeva, and Ekaterina Ilgova. "Juvenile Delinquency Prevention: the Experience of the USA and New Zealand." Russian Journal of Criminology 12, no. 4 (September 14, 2018): 601–8. http://dx.doi.org/10.17150/2500-4255.2018.12(4).601-608.
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The paper presents a comparative legal analysis of the legislative regulation aimed at preventing minors from committing crimes and offenses in the USA and New Zealand. The authors describe the structures of state agencies responsible for preventing minors from committing crimes and offenses. The presented analysis of international legal norms and standards shows that juvenile crime prevention is an important part of juvenile justice in other countries; it is aimed at the rehabilitation of minors in the society, creation of favorable conditions and the influence, if necessary, on the minors family. The authors note that juvenile justice models and prevention programs differ from country to country because every country has its own specific economic, social and political conditions. The countries that use the punitive model base their juvenile crime prevention on the concept of ensuring control over crime, on an accusatory attitude towards minors. The restorative model is aimed at ensuring the social rehabilitation of a juvenile delinquent, at correcting his/her unlawful conduct, at preventing repeat offenses. The authors examine the experience of prevention programs and initiatives that could be used by Russian agencies dealing with juvenile crime prevention. They present statistical data on juvenile crime in the USA and New Zealand in 2009-2016. The authors conclude that it is possible to use American and New Zealand experience in juvenile crime prevention for the improvement of the national strategy of preventing juvenile crimes and offenses and counteracting them.
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Szymczyk, Andrzej. "Uzasadnione przypuszczenie a uzasadnione podejrzenie popełnienia przestępstwa." Opolskie Studia Administracyjno-Prawne 15, no. 1 (March 31, 2017): 93–104. http://dx.doi.org/10.25167/osap.1298.
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The article undertakes to describe the primary differences between the terms like the reasonable supposition of committing a crime, the reasonable suspicion of committing a crime and reasonable elements to the supposition of committing a crime, on the basis of the Polish law of criminal proceedings. The article discusses also the relation to language interpretation of the law, selected legal articles of the Code of Criminal Proceedings and undercover police work. Some examples of using the above-mentioned terms and the consequences related to them, as well as relations between them are pointed out as well.
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Nuraeni, Neni, and Dede Kania. "Undang-Undang Nomor 21 Tahun 2007 tentang Pemberantasan Tindak Pidana Perdagangan Orang dalam Perspektif Hukum Islam." AL-'ADALAH 14, no. 1 (December 29, 2018): 131. http://dx.doi.org/10.24042/adalah.v14i1.1866.
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Human Traffickingis one of the most common crimes occurs in Indonesia. To eradicate this crime, the government issued the 21/2007 of Human Trafficking Act (UU PTPPO). The statue sanctions persons committing the crime and providing protection to witnesses and victims. The law accomodate a number of penalties for the perpetrators of this crime, ranging from principal punishment, in the form of imprisonment and fine, to additional criminal and ballast. Although Islamic law does not explicitly regulate this crime, it is clearly contrary to Islamic principles of freedom, independence, equality and human dignity.
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Heilbrun, Alfred B., and David M. Gottfried. "Antisociality and Dangerousness in Women before and after the Women's Movement." Psychological Reports 62, no. 1 (February 1988): 37–38. http://dx.doi.org/10.2466/pr0.1988.62.1.37.
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Women committing crimes before the surge of feminism (1965–1971) and long after this movement attracted national attention (1980–1985) were sampled. Greater antisociality in female criminals during the prefeminist period was associated with more dangerous crime, but predictability was lost by 1980–1985. It was suggested that rejection of role expectations inspired by feminism may have altered the determinants of dangerous crime in women.
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Goncharova, Natalia S. "The Weapon and Means of Committing a Crime: the Concept and the Relation." Russian Journal of Legal Studies (Moscow) 8, no. 1 (May 27, 2021): 75–82. http://dx.doi.org/10.17816/rjls64885.
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Tools and means play integral roles in the commission of a crime. However, their concepts and criteria for differentiation have not yet been clearly delineated by science. The author analyzes the most significant views of scientists on the concept of tools and means in the commission of crimes. He provides criteria for distinguishing them from each other: by functional purpose, the degree (nature) of their impact on the object of the crime, and the form of external expression. He further considers the features inherent in both tools and means: how they facilitate the implementation of the criminal goal; refer to optional features of the objective aspects of the crime; how their use significantly increases the degree of public danger of the act and completely depends on the consciousness and will of the subject; and how they justify the author's position on the concepts of criminal law under study. It is concluded that the exact interpretation of the concepts of tools and means of committing a crime, the definition of their
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Ratnikova, O. D., V. V. Kharin, and O. S. Matorina. "Features of the Use of Computer-Technical Expertise in Order to Provide an Evidence Base in Criminal Proceedings." Sociology and Law, no. 3 (October 19, 2021): 71–76. http://dx.doi.org/10.35854/2219-6242-2021-3-71-76.
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The process of investigating crimes committed with the use of modern information technologies is inherently connected with the need to attract specialists from expert organizations with special knowledge and qualifications. In order to form an evidence base in the criminal proceedings of the area under consideration and a comprehensive review of cases, the conclusion of a specialist conducting computer-technical expertise is significant. The scientifically based conclusions of the expert opinion allow us to fully restore the logical chain of circumstances and establish the mechanism of committing a crime, as well as to prove the fact of committing a criminal act, or to justify an innocent person in committing a crime. The relevance of the topic of the article is due to the growth of crimes with the use of modern information technologies. Based on the results of the theoretical analysis and study of judicial practice in criminal cases related to the use of information technologies, the authors consider the features of the investigation of cases and the significance of the results of expert opinions in sentencing. The features of the use of computer-technical expertise in order to provide an evidence base in criminal proceedings are determined.
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Vozniuk, Andrii A., Andrii V. Savchenko, Tetiana Yu Tarasevych, Olexandr O. Dudorov, and Olga A. Klymenko. "Electronic Money and Payments as Means of Committing Crimes." Academic Journal of Interdisciplinary Studies 9, no. 4 (July 10, 2020): 150. http://dx.doi.org/10.36941/ajis-2020-0069.
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The article deals with the main problems of criminal characteristics of electronic money and payments as instruments of crime. The article reveals the economic and legal nature of electronic money (e-money). The features of e-money and its relation to electronic payments are identified. It is proved that intensive development of the IT sector results in an increasing replacement of cash by cashless methods of payment, and e-money is required for making payments online. E-money is previously created in all cases where they are stored on an electronic device and are used as means of payment, therefore they significantly reduce the level of abuse against property. Criminals in the real estate leasing sector use it as a tool when they commit cybercrime - a new place that has been transformed into a powerful source using for crime. Particular attention in this article is paid to the criminal characteristics of electronic money as an instrument of crime. Electronic money has been updated to account for a significant number of offending characters, while these crimes operate in free currency from a non-supported market and move to electronic services, they are used, and may be joined by warehouse resources, which require a criminal law level. It also indicates that e-money is being received by its billing service, and then can be exploited by attackers to trick owners who have already participated in their work. Through this process, using e-money and electronic payment is almost legal and covers the concept of legality. It is disclosed that the main complexity in detecting malicious tools creates electronic money, which makes it difficult to track the traces of such crime, which uses its delays in cyber space. The author also reveals an accurate view of electronic money resources, such as what is more likely to be abused, which is an additional element of criminal execution qualification.
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Kuz'mina, Natal'ya V. "Special cruelty at crime committing: concept and features of qualification." Vestnik of Kostroma State University, no. 2 (2019): 222–24. http://dx.doi.org/10.34216/1998-0817-2019-25-2-222-224.
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Contents and signs of cruelty and special cruelty as psychological phenomena which matter in terms of penal law, is studied in this work. Special cruelty is considered in terms of the issue of accentuated traits of character. The detailed research of personal features of the person which can infl uence committing the crime with special cruelty is conducted. The author refers age features of the person, the nature of behaviour of persons who suffer from mental diseases, to accentuated strains. Certain motives of commission of crimes have an impact on commission of crimes with special cruelty as well, for example, blood feud motive at murder commission. Special attention is paid in the work to the fact that knowledge of features of emergence and manifestation of character accentuation in criminal trial participants' behaviour is of great importance in court and investigative practice. Scientifi c classifi cation of crimes which one commits with special cruelty is presented. The author points lack of "special cruelty" defi nition in the Criminal law. In this regard, it is offered to supplement Article 105 of the Russian Criminal law with the note in which defi nition of special cruelty would be given. The author's concept of special cruelty is presented in the article.
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ABATUROV, A. I. "The concept and meaning of modern post-penitentiary policy." Vedomosti (Knowledge) of the Penal System 225, no. 2 (2021): 11–17. http://dx.doi.org/10.51522/2307-0382-2021-225-2-11-17.
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Abstract. The article examines topical issues of the post-penitentiary policy of the Russian Federation, formulates its definition by the author, and also reveals the criminological determinants of committing crimes by persons released from places of imprisonment. Arguing the theses formulated in the article, the author provides information about the current status of the post-penitentiary policy in the country. Key words: politics, post-penitentiary assistance, crime prevention, crime, convicts.
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Bilyk, T. V. "Structure of Forensic Characteristics of Murdering Hostages or Kidnapped Persons." Law and Safety 76, no. 1 (February 20, 2020): 101–6. http://dx.doi.org/10.32631/pb.2020.1.14.
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The concept and structure of forensic characteristics of crimes against human life and health have been analyzed. Based on the conducted study, the author has offered to define the forensic characteristics of a crime as the system of information about certain types of crimes with a structure consisting of a set of forensically significant elements that help the fastest investigation of the crime.
Studying this issue, we came to the conclusion that the structure of forensic characteristics of the murder of hostages or kidnapped persons is currently insufficiently studied. Accordingly, the purpose of this work is to analyze research and to build a structure of forensic characteristics of the murder of hostages or kidnapped persons. Based on the conducted research, the following elements of the forensic characteristics of the murder of hostages or kidnapped persons have been identified: 1) the method of committing the murder of hostages or kidnapped persons (preparation, commission, concealment); 2) the situation and mechanism of committing the murder of hostages or kidnapped persons (place as part of the material environment, which includes, besides the premises and areas, a set of different items); 3) the subject matter of the crime, the subject matter of criminal encroachment, or, as it is also called, the subject matter of criminal interest; 4) features of committing murders (trace picture); 5) forensic characteristics of the offender (physical, socio-demographic data, etc.); 6) forensic characteristics of the victim.
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Watt, Rochelle. "University students’ propensity towards white-collar versus street crime." SURG Journal 5, no. 2 (April 22, 2012): 5–12. http://dx.doi.org/10.21083/surg.v5i2.1570.
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While several traditional criminological theories have been used to explain the causes of white-collar crime, few research studies have examined the role that personality plays in explaining the causes of these types of crimes. University students were measured on two personality scales, self-control and desire for control, to determine the extent to which these factors affect the propensity to commit either street crime or white-collar crime. The findings indicate that self-control has the most significant effect on offending, but only when students indicated that they were willing to commit both street crime and white-collar crime. On the other hand, desire for control did not predict a propensity towards committing either type of crime.
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Lutovac, Svetislav, and Julijana Račić. "Computer crime as a modern form of crime." Megatrend revija 18, no. 4 (2021): 281–92. http://dx.doi.org/10.5937/megrev2104281l.
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The development of technology has significantly contributed to the improvement of communication, the way of doing business of humanity, the flow and availability of information via the Internet, but it also entails negative consequences in the form of abuse by committing crimes in the field of computer security. The fight against it is very difficult, and the reason for that is the constant progress, ie modification of this form of crime, where it is necessary to change the existing legislation, achieve international cooperation, invest money in equipment suitable for adequate response to computer crime. In this paper, the emphasis is placed on the very concept of computer crime, international and domestic legislation, the forms in which it most often manifests itself.
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AGASIEV, E. G. "Some theoretical aspects of the criminalization of preparatory actions." Ius Publicum et Privatum 1, no. 11 (March 31, 2021): 24–27. http://dx.doi.org/10.46741/2713-2811-2021-1-24-27.
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The article deals with the actual problems of the criminalization of preparatory actions. According to the authors opinion in Russia there are three forms of state response to preparations for committing a crime: failure to bring a person to justice due to the absence or insignificance of public danger; bringing to responsibility for preparation as the initial stage of a completed crime for grave and especially grave crimes; bringing a person to responsibility for preparatory actions that form an independent completed crime. It is concluded that based on the positive foreign experience it is necessary to make changes to the domestic criminal legislation, in particular to criminalize crimes of average gravity
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Kapon, Sam. "Dynamic Amnesty Programs." American Economic Review 112, no. 12 (December 1, 2022): 4041–75. http://dx.doi.org/10.1257/aer.20211428.
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A regulator faces a stream of agents engaged in crimes with stochastic returns. The regulator designs an amnesty program, committing to a time path of punishments for criminals who report their crimes. In an optimal program, time variation in the returns from crime can generate time variation in the generosity of amnesty. I construct an optimal time path and show that it exhibits amnesty cycles. Amnesty becomes increasingly generous over time until it hits a bound, after which the cycle resets. Agents engaged in high return crime report at the end of each cycle, while agents engaged in low return crime report always. (JEL D82, D86, K42)
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Makarova, Elena. "Investigation of the identity of the victim in the investigation of crimes committed with the threat of violence." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 1 (April 8, 2020): 164–68. http://dx.doi.org/10.35750/2071-8284-2020-1-164-168.
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During the investigation of crimes, the investigator must establish all the circumstances to be proved (article 73 of the criminal procedure code), including the data on the victim. The criminalistic characterization of violent crimes will be complete only if it is supplemented with victimological features, since the personality and behavior of the victim are elements of the external environment that forms criminal intent and the choice of criminal ways to implement it. The use of victimological analysis helps the investigator to put forward versions about the offender and the motives for committing the crime, to determine the tactics of individual investigative actions, to predict the investigative situation and to timely resolve the issue of the application of security measures. In some cases, information about the victim allows to establish data on the identity of the perpetrator, the motives for committing the crime, the reasons for choosing the method of violence, etc. Data on the identity of the victim in the Commission of violent socially dangerous acts is established by forensic (technical-forensic and tactical-forensic), forensic (identification methods, anthropological), forensic-psychiatric (experimental-psychological, clinical-psychopathological) and forensic-procedural methods of cognition. On the example of the criminal cases of robberies studied by the author, it is established that the choice of the method of personality research is largely determined by the method of committing the crime and the subsequent behavior of the victim after committing a criminal act against her. Victimological aspects should be established and taken into account by the investigator during the investigation of criminal cases, the judge - when imposing punishment. Only such an approach can ensure a full, objective and comprehensive investigation of a criminal case and take the necessary preventive measures.
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Burlakov, Vladimir. "The Concept of Complicity in Corruption and Responsibility for It." Russian Journal of Criminology 14, no. 1 (February 28, 2020): 49–58. http://dx.doi.org/10.17150/2500-4255.2020.14(1).49-58.
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When the concepts «bribery» and «corruption» are used interchangeably it blurs, voluntarily or involuntarily, the borders between these related phenomena. Corruption is a consequence of bribery, but it also has its own distinctive features. The legal definition of corruption, found in the federal law of the Russian Federation, does not include essential qualities of this phenomenon. As a consequence, the Criminal Code norms prescribing liability for bribery still remain the normative basis of liability for corruption. Thus, these two phenomena are counteracted by the same measures of criminological and criminal law prevention, and, as a consequence, such measures lose their relevance and effectiveness, at least against one of the described offences. It is necessary to determine the essential feature of corruption in order to align its public danger with liability measures aimed at fighting it. This essential feature is the self-interested abuse of authority by an official with the purpose of aiding and abetting other persons in committing crimes. On the basis of such an understanding, the author concludes that it is necessary to criminalize corruption. It is suggested that the Criminal Code of the Russian Federation should be supplemented by an Article «Complicity in Corruption». Complicity in corruption is a complex crime that encompasses the situations when officials take bribes for using their authority to assist another person of persons in committing a crime. The proposed Article should determine liability for two types of complicity in corruption that differ in their degree of public danger: aiding and abetting corruption, when an official receives bribes and uses his authority to provide assistance to another person or people in committing a crime, and corrupt collusion, when an official receives bribes and uses his authority to provide assistance to an organized group or a criminal community in committing crimes on a permanent basis. The author analyzes the advantages of this Article in comparison with the Articles used today for qualifying corruption and shows the difference between the crime of complicity in corruption and similar crimes, specifically, those included in Part 3 of Art. 210 («Participation in a Criminal Community»).
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Chernyshenko, E. V. "The method of committing illicit traffic in narcotic drugs and psychotropic substances in correctional facilities of the Federal Penal Service of Russia." Penitentiary science 13, no. 3 (December 9, 2019): 391–96. http://dx.doi.org/10.46741/2686-9764-2019-13-3-391-397.
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The article discusses the peculiarities of the committing illicit traffic in narcotic drugs and psychotropic substances in correctional institutions of the Federal Penal Service of Russia. The author conducted a study of the materials of criminal cases on crimes of the type in question as well as a survey of employees of the penal system, which allowed us to establish a list of the most common ways of committing illicit traffic in narcotics and psychotropic substances. The choice of a specific method of committing a crime is determined by a number of factors: the features of the territory of the FSIN institutions of Russia, the establishment of constant supervision and protection of convicts, the use of special forces and means to detect various prohibited items, including narcotic drugs and psychotropic substances. It should be noted that crimes of this type are most often committed by prior conspiracy by a group of persons, which includes a convict serving a sentence in a correctional institution and coordinating the actions of group members by means of mobile communications. Illicit trafficking in narcotic drugs and psychotropic substances occupies a leading position in the structure of penal crime and poses a huge problem for the penitentiary system: it has a negative impact on the regime, operational environment and can provoke the commission of other crimes, including grave and especially grave ones such as against persons serving a sentence of imprisonment as well as against staff of institutions. A comprehensive study of the method of committing crimes of this type allows you to develop effective methods of counteraction and investigation.
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Sergeeva, Anzhelika Anatol'evna. "Interpersonal conflicts motivated by jealousy or revenge as a condition for committing violent crimes." Конфликтология / nota bene, no. 2 (February 2022): 63–74. http://dx.doi.org/10.7256/2454-0617.2022.2.38228.
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The subject of the study is violent interpersonal conflicts motivated by emotional states of jealousy and revenge or their combination. The research used a methodology based on the principles of dialectical cognition and including generally recognized scientific methods used in conflictology and jurisprudence. The author refers to moral norms in their relationship with the law, as well as in their perception by a person committing a violent crime motivated by jealousy or revenge. On this basis, recommendations have been developed that have scientific value for the further development of the theory of interpersonal conflicts and practical significance for use in the process of establishing the circumstances of the commission of violent crimes related to their subjective side. Author established the features of the intellectual element of the intent of a person committing a violent crime motivated by jealousy or revenge. Due to a distorted perception of moral norms, such a person has a tolerant attitude to violence, which in his mind is considered permissible out of jealousy, revenge or in the presence of a combination of these motives. The scope of application of the research results is practical conflictology and prevention of violent crimes. The scientific novelty of the study is due to the author's approach to establishing the peculiarities of the subject's perception of violent crime of moral norms, the distorted interpretation of which allows him to show aggression out of jealousy or revenge. It is substantiated that a subject who commits a crime out of jealousy or revenge violates generally recognized norms of morality, and his behavior in the event of an interpersonal conflict has an increased public danger equivalent to the public danger of hooligan motives. Taking into account these circumstances both in the development of methods for resolving interpersonal conflicts and in the prevention of violent crimes seems necessary.
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Гришин, Алексей, Alexey Grishin, Александр Шахматов, and Alexander Shakhmatov. "Operational-search characteristics of the offender committing sexual crimes against minors and teenagers." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2019, no. 2 (July 12, 2019): 199–207. http://dx.doi.org/10.35750/2071-8284-2019-2-199-207.
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this article deals with the issues of operational-search characteristics of the criminal personality, committing sexual crimes, types of crimes against sexual integrity and sexual freedom, the qualification of the person committing sexual crimes, its psychological characteristics, as well as issues related to the study of the criminal personality, as one of the elements of operational-search characteristics of the investigation and disclosure of crimes against sexual integrity of minors and minors. Investigative and operational investigative practice includes the development of a psychological portrait of a person unknown to law enforcement agencies, but the perpetrator of the crime Studied several types of crimes against sexual integrity and sexual freedom of minors and minors, which include sexual depravity. The article States that the subject of rape can be a male person, but women can also become criminals in this area, not only acting as an organizer, instigator or accomplice, but also as a person who commits a sexual crime. The article provides recommendations for the development of a file, which should contain the most complete information about the perpetrators of sexual crimes, the external characteristics of persons in respect of whom sexual interest was expressed. The presence of such information will make the most effective work of law enforcement agencies in the operational investigation and disclosure of these crimes, will increase the efficiency in identifying persons who have committed sexual crimes, and most importantly prevent possible serial crimes.
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Podraza, Natalia. "Społeczny oraz prawny obowiązek zawiadomienia o przestępstwie ściganym z urzędu." Zeszyty Prawnicze Biura Analiz Sejmowych 4, no. 68 (2020): 203–11. http://dx.doi.org/10.31268/zpbas.2020.85.
Full textAbstract:
Pursuant to the Code of Penal Procedure, any person, upon having learned about the commission of a crime prosecuted ex officio, bears a social obligation to notify a Public Prosecutor or the Police about it. In case of certain crimes that social obligation is transformed into a legal one concerning an immediate notification to law enforcement authorities about the commission, attempt or preparation of any of these crimes. Failure to fulfil the legal obligation to notify law enforcement authorities shall result in committing a crime punishable by up to 3 years’ imprisonment.