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Arent, Olga. "PRZESTĘPSTWO PORWANIA LUB PRZETRZYMYWANIA DLA OKUPU W PRAWIE KANONICZNYM KOŚCIOŁA KATOLICKIEGO OBRZĄDKU ŁACIŃSKIEGO." Civitas et Lex 3, no. 3 (September 30, 2014): 71–92. http://dx.doi.org/10.31648/cetl.2015.
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Subject of this article is the legal research on actions of kidnapping or hostage- keeping forransom, and in return release of the hostages. Likewise in polish criminal law and other penal lawsystems, also in catholic canon law this is a crime. The main point of the article is to illustrate the evolution of law regulations on these crimes, as well as dogmatic and legal analysis of can. 1370 and can. 1397 Code of Canon Law (CIC) from theyear 1983, which are related to it. The article also relates to notification problem and expirationof prosecution.
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ZHANG, Xuewei. "THE DISAPPEARANCE OF THE "PRIVATE" ELEMENT FROM THE CONCEPT OF THEFT: A HISTORICAL EXPLANATION." Ankara Üniversitesi Hukuk Fakültesi Dergisi 72, no. 2 (May 29, 2023): 949–72. http://dx.doi.org/10.33629/auhfd.1295097.
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According to the unique public and private law division standards in Roman law, the concept of theft in Roman law has a dual nature of public and private. Ordinary theft is considered to reflect private legal relations and is a delictum, while aggravated theft reflects the legal relations dominated by the will of the state and is a public crime. The duality of this theft also affected the development of the concept of theft in the Middle Ages, both Canon law and Germanic law distinguished between ordinary theft and aggravated theft, but ordinary theft was no longer regarded as delictum. Germanic law upheld the idea of “public peace”, while Canon law legitimized the criminalization of theft based on the idea of “atonement” and finally integrated the concepts of theft in Roman law, Canon law and Germanic law through the promulgation of the Constitutio Criminalis Carolina at the end of the Middle Ages. Ultimately, Germanic jurists reinterpreted the conception of theft expounded by classical jurists and transmuted the notion of theft into one invested with the character of a public crime. This thereafter constituted the prototypical paradigm of modern German theft legislation.
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Shatalov, E. A. "Contract Chatters of Russian Grand and Appanage Princes of the 14th–15th Centuries as a Source of Knowledge for the History of Russian Criminal Law Development." Actual Problems of Russian Law 18, no. 12 (November 17, 2023): 33–40. http://dx.doi.org/10.17803/1994-1471.2023.157.12.033-040.
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The paper examines the value of the contract charters of the Russian Grand and Appanage Princes of the 14th–15th centuries for the national historical and legal science. During the period of feudal fragmentation, the charters formed one of the most important sources of criminal law in medieval Russia. It was the charters that enshrined the fundamental criminal law terms and elucidated the main elements of crimes, namely: «svada», «rubezh», «vyvod», etc., which have not yet been studied and described properly. The problem of their poor academic coverage gives rise to misconceptions in modern science of the history of the Russian state and law that a criminal act, up to the development of the Judicial Code in 1497, was designated in Russian legislation only by the term «obida [offense]».The author focuses on the patterns of development of princely law-making activity under the influence of the norms of canon law, which was a characteristic feature of medieval Russia, where there was no division of public relations into «secular» and «ecclesiastical», as it is customary to assert and consider in scholarship, since princely law, also in matters of crime and punishment fully reflected the spiritual and religious values of society and should not contradict them, and the administrative activities of the princes were everywhere subordinated to church canons.
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Kiełpiński, Krzysztof Marek. "Przestępstwo wykorzystania seksualnego osób bezbronnych w Kościele katolickim. Analiza karno-kanoniczna z uwzględnieniem wybranych elementów psychologicznych." Miscellanea Historico-Iuridica 22, no. 2 (2023): 455–83. http://dx.doi.org/10.15290/mhi.2023.22.02.20.
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The legislator has placed the term ‘helpless persons’ in canon law. It was placed in the legal system of the Catholic Church only in 2019. The legislator has set out its legal definition. The term indicates persons who have been given protection from the crime of sexual abuse. The research has a dual purpose. The primary objective is to present people in the Church community to whom the term ‘helpless persons“ refers. The secondary objective is to show, on the basis of an analysis of canon law, the extent of protection of ‘helpless persons’ against the crime of sexual abuse. Appropriate research methods were used to conduct the study. These include the dogmatic-legal method, the historical method, the philological method, the comparative method and the analytical methods used in psychological and criminological sciences. The narrative created in the article showed that the category of ‘vulnerable persons’ includes a variety of people including children, adolescents, people with disabilities, the elderly, women and men addicted to alcohol or psychoactive drugs, residents of nursing homes and sanatoriums, and people who are unable to resist the aggression of the perpetrator. The current provisions of canon law comprehensively protect the above persons from the crime of sexual abuse. Therefore, the legislator, together with the bodies subordinate to it, should constantly observe the phenomenon of sexual exploitation and adapt the laws so that they continue to ensure the freedom, safety and protection of helpless people and punish perpetrators with appropriate criminal sanctions.
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Williams, Ian. "A medieval book and early-modern law: Bracton 's authority and application in the common law c. 1550–1640." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 79, no. 1 (2011): 47–80. http://dx.doi.org/10.1163/157181911x563057.
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AbstractThis article considers the place of the thirteenth-century book known as Bracton in the earlymodern common law. e article examines both the uses made of Bracton and the evidence to be found in the surviving copies of the first printed edition. It addresses the impediments to the use of Bracton, the printing of the first edition, the text's readership and place in the early-modern common-law canon and material in Bracton which seem to have been of particular interest.Bracton was a recognised source for criminal law and there is some evidence of impact on the law of evidence, servitudes and a little for contract law. An examination of the early-modern law of treason shows that Bracton had an important role in changing the concept of treason from a crime against the monarch to something like the classical crimen laesae maiestatis.
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Mikołajczuk, Krzysztof. "Criminal Liability of People With Mental Disorders: Selected Issues." Journal for Perspectives of Economic Political and Social Integration 28, no. 1 (November 23, 2022): 7–29. http://dx.doi.org/10.18290/pepsi-2022-0001.
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The issue of criminal liability in different legal systems and of the perpetrator’s sanity and mental disorders, has received much attention of researchers from different scientific disciplines. Of many important aspects relevant to this topic, the paper addresses only some, which are related to two legal orders. The first part of the article focuses on the circumstances that exclude and mitigate culpability under Polish criminal law. The author examines the problem of insanity referring to the ways in which insanity is determined and enumerating sources of insanity. Then, the legal consequences of insanity are identified. Finally, the issue of diminished mental capacity in the doctrine of Polish criminal law is analysed. The second part of the article deals with the concept of imputability in the Code of Canon Law of 1983. Quoting the provisions of canon law, the author considers the issue of natural inability to commit a crime by persons who are habitually deprived of the use of reason, and then indicates the circumstances excluding, mitigating and aggravating the perpetrator’s culpability.
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Marit, Alexandru, and Roman Eremciuc. "Historical references and general notions regarding judicial error." National Law Journal, no. 2(248) (January 2023): 46–55. http://dx.doi.org/10.52388/1811-0770.2022.2(248).05.
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Error is the wrong idea we have about a thing, or more precisely the belief in the existence of a quality or a fact, relative to a legal fact, quality or fact that does not exist in reality. Error in criminal law has the comprehensive meaning of mistake and ignorance. So, the mistake or unintentional commission of a crime is always the result of ignorance, either in fact or in law. Error should not be confused with ignorance: the first is the wrong knowledge relative to a deed, while ignorance is the lack of knowledge. But in criminal law they are confused, because the error comes from ignorance. In criminal law, factual error constitutes an excuse. Likewise, in barbarian law it was considered an excuse, and in canon law and the law of the Middle Ages, the factual error constituted an excuse only when it did not come from obvious negligence.
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Strandberg Hassellind, Filip. "Groups Defined by Gender and the Genocide Convention." Genocide Studies and Prevention 14, no. 1 (May 2020): 60–75. http://dx.doi.org/10.5038/1911-9933.14.1.1679.
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This article explores the crime of genocide in connectivity to groups defined by gender. Its aim is to investigate whether including groups defined by gender as a protected group in the Genocide Convention appears legally plausible. It begins by probing the historical origins of the concept of genocide. This exposition emanates into an analytical examination of the rationale of protecting human groups in international criminal law. Against this background, the article advocates an understanding of the crime of genocide as a rights-implementing institute. Subsequently, it employs an ejusdem generis analysis to assess whether groups defined by gender are coherent with the current canon of the protected groups, and if similar treatment thereby can be warranted. It then turns to examine other international law instruments, to expose that none of these are suitable proxies in dealing with gender-specific genocides. From this perspective, the article suggests that the content of the crime of genocide is not determinate, but rather emerges as a battlefield for hegemonic interests. Hence, it is easily discernible that the way in which the current construction of the protected groups in the Genocide Convention relates to gender groups reflects a deliberate choice. The article concludes with asserting that the choice represents a lacuna in international criminal law that in the end compromises the legitimacy of the crime of genocide, since the personal scope of the crime of genocide risks being in discord with current social and political trajectories.
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Gal, Bogdan. "Russian Police Canon (1856–1886) An Attempt to Normalize the Abnormal." Philosophy. Journal of the Higher School of Economics VI, no. 1 (March 31, 2022): 117–50. http://dx.doi.org/10.17323/2587-8719-2022-1-117-150.
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The Russian police canon of the era of the Great Reforms is reconstructed in the article through its manifestations in police legislation, the theory of police law, police history and a “criminal” novel. In 1859–1862 the Provincial and County Institutions Commission under the Ministry of Internal Affairs pointed out the obsolescence of the prevailing police model and prepared a package of draft laws and departmental regulations. For financial reasons and irreparable contradiction with the beginning of other reforms, the result of the Commission's activities was not so much a transformation as a “radical improvement” of the existing police institutions and organizations. In the theory of police law, under the influence of German lawyers, the question of changing policing through public participation and the exclusion of everything “unusual” for the police (legal proceedings, welfare) was raised, but not resolved. The collection and publication of historical and statistical information initiated by the Ministry of Internal Affairs, as well as the publication of historical reviews, served the tasks of police reform and the formation of departmental identity.The curiosity of the Russian man in the street regarding police activity was partially satisfied with “criminal” (or “sensational”) novels, in which the emphasis was placed on solving not so much the crime as the psychology of the criminal, and the policemen acted as background heroes. As a result of attempts to comprehend, transform and normalize (institutionalize) the Russian police, the idea of the impossibility of defining the essence of police activity, its scientific and artistic interpretation and legal regulation was established. The police model began to be perceived as canonical, including organizational forms that were interpreted by contemporaries as outdated, and aimed at resolving tasks that were not within the competence of “normal” (sufficiently institutionalized) organizations.
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Grout, Christopher. "The Seal of the Confessional and the Criminal Law of England and Wales." Ecclesiastical Law Journal 22, no. 2 (May 2020): 138–55. http://dx.doi.org/10.1017/s0956618x20000034.
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The seal of the confessional is often described as ‘inviolable’. The idea that what is said or done in furtherance of private confession may be subjected to scrutiny as part of litigation is often considered to be absurd. But what is the legal basis for such forthright rejection? The revised Canons of the Church of England do not address the issue at all; instead the matter falls to be covered by the unrepealed proviso to Canon 113 of the Code of 1603. In England and Wales there is no primary legislation which clearly and coherently deals with the question of the admissibility of matters said in private confession before courts and tribunals. Contrast that with the United States of America, where every single state has enacted statutory provisions which provide safeguards to admissibility, albeit to differing degrees. Recent developments in Australia have, conversely, involved the enactment of legislation making it a crime for a priest to withhold, in certain circumstances, matters said to him or her in the course of private confession. In 1990, Judge Bursell QC reviewed the existing case law on the subject (sparse though it is) and found it to be contradictory, with judgments appearing to be based upon personal opinions as opposed to legal analysis. There have been some interesting ‘post-Bursell’ developments, in terms of both legislation and case law, which are discussed in this article. In Ecclesiastical Law, Mark Hill QC suggests that ‘it is likely that a trial judge would exclude evidence of a confession made to a priest’. This article is essentially an analysis of that conclusion with a view to determining whether it is right to assume that, even if not adequately protected by legislation, things said or done in furtherance of private confession are likely to be excluded from secular criminal proceedings.
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Pihlajamäki, Heikki. "The Painful Question: The Fate of Judicial Torture in Early Modern Sweden." Law and History Review 25, no. 3 (2007): 557–92. http://dx.doi.org/10.1017/s0738248000004272.
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Three decades ago, John Langbein published an influential book on medieval and early modern judicial torture. Before Langbein, Enlightenment philosophers such as Beccaria and Voltaire had traditionally been credited with the final abolition of judicial torture in the leading European states during the latter part of the eighteenth century. Langbein dismissed the traditional explanation as a “fairy tale,” claiming that the use of torture had in fact declined in major European countries since the sixteenth and seventeenth centuries, well before its formal abolition. In the medieval statutory or Roman-canon theory of proof, judicial torture was originally designed to produce confessions in cases of serious crime in which “full proof” in the form of confession or two eyewitnesses was needed to convict. The argument that Langbein advanced is that the emerging new modes of punishment for serious crime, such as forced labor, transportation, and imprisonment, enabled European criminal courts to take full advantage of the medieval legal institution of extraordinary punishment, poena extraordinaria, which could be imposed without confession if the evidence was otherwise convincing. Extraordinary punishment was by definition something else than the ordinary punishment, usually less than capital punishment. In practice this meant milder punishment on less evidence. Langbein's pivotal point is that the rise of the extraordinary punishment rendered torture unnecessary in many cases, although it still remained legal. Causing a revolution in the law of proof, free judicial evaluation of evidence thus in fact developed alongside the old statutory theory of proof, which now lost its monopoly.
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Lempa, Florian. "KANONICZNA OCHRONA KARNA RELIGII, JEDNOŚCI, AUTORYTETÓW KOŚCIELNYCH I WOLNOŚCI KOŚCIOŁA KATOLICKIEGO." Civitas et Lex 7, no. 3 (September 30, 2015): 65–73. http://dx.doi.org/10.31648/cetl.2126.
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The article presents the most important values criminally protected in the Catholic Churchby CIC/1983 and CCEO/1990. They are: the religion, the unity, the church authorities and thefreedom of the Church. About their prime position in the hierarchy of goods legally protected bythe provisions of penal canon law testifies that the crimes against them are put in the first and inthe second title of CIC/1983, also the threat of severe penal sanctions. These sanctions result fromthe exceptional social harmfulness of the crimes. In the degree of ailment they are analogical inthe canon law of the Latin rite and in the common law of Eastern Catholic Churches.
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Pasupuleti, Sudershan, Eric G. Lambert, Shanhe Jiang, Jagadish V. Bhimarasetty, and K. Jaishankar. "Crime, Criminals, Treatment, and Punishment." Journal of Contemporary Criminal Justice 25, no. 2 (May 2009): 131–47. http://dx.doi.org/10.1177/1043986209333558.
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Rahmatullah, Habibie, and Budi Ispriyarso. "Integritas Pengawasan Notaris Terhadap Calon Notaris Magang Dalam Pembuatan Akta Otentik." Notarius 16, no. 2 (March 1, 2022): 714–30. http://dx.doi.org/10.14710/nts.v16i2.41803.
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AbstractA Notary Deed is a State archive that must be protected to prevent it in accordance with the provisions of the applicable legislation. The research method used in this research is doctrinal research on law. Normative-empirical law (applied law research). The contents of this discussion are about whether the Notary is responsible for the deed made by the notary apprentice candidate in carrying out the position so that it is trusted by the wider community and how the notary implementation of the apprentice Notary candidate is to prevent the Notary deed being a secret in the cyber crime notary world, the provisions in Article 15 to Article 16A Law Number 02 concerning Notary Positions of 2014 Amendments to Law Number 30 of 2004 concerning Notary Positions and based on provisions in Article 12 of the Indonesian Notary Association Regulation Number: 19/Perkum/INI/2019 concerning Internships, to avoid criminal sanctions Article 322 of the Criminal Code in accordance with the provisions of the Law on Information and Electronic Transactions in Article 6 of Law no. 11 of 2008 which states that so far the written form is identical with information and/or documents.Keywords: notary; prospective notary intern; regulation.AbstrakAkta Notaris adalah arsip Negara yang harus dilindungi untuk mencegah sesuai dengan ketentuan perundang-undangan yang berlaku. Metode penelitian yang digunakan dalam penelitian ini adalah penelitian doktrinal dengan pendekatan normatif-empiris (applied law research). Isi pembahasan ini mengenai apakah Notaris bertanggungjawab atas akta yang dibuat oleh calon notaris magang dalam mengemban jabatan sehingga dipercaya oleh masyarakat luas dan bagaimana implementasi notaris terhadap calon Notaris magang untuk mencegah akta Notaris yang menjadi rahasia dalam dunia cyber crime notary, ketentuan pada Pasal 15 sampai dengan Pasal 16A Undang-Undang Nomor 02 Tentang Jabatan Notaris Tahun 2014 Perubahan Atas Undang-Undang Nomor 30 Tahun 2004 Tentang Jabatan Notaris dan berdasarkan ketentuan pada Pasal 12 Peraturan Perkumpulan Ikatan Notaris Indonesia Nomor : 19/Perkum/INI/2019 Tentang Magang, untuk menghindari sanksi pidana Pasal 322 KUHP sesuai dengan ketentuan Undang-Undang Informasi dan Transaksi Elektronik pada Pasal 6 UU No. 11 Tahun 2008 yang menyatakan selama ini bentuk tertulis identik dengan informasi dan/atau dokumen.Kata kunci: notaris; calon notaris magang; peraturan.
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Esbensen, Finn-Aage. "Book Review: Violent Crime, Violent Criminals." Criminal Justice Review 17, no. 1 (May 1992): 127–29. http://dx.doi.org/10.1177/073401689201700111.
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Mohd. Yusuf D.M., Fadhli Auliyah Muin, Hardiman Nainggolan, Roy Hakim Lubis, and Muhammad Salim. "POLITIK HUKUM PIDANA TERHADAP GAGALNYA MENDAFTAR CALON DPR/DPRD DALAM PEMILIHAN UMUM." Juris 6, no. 2 (December 30, 2022): 607–14. http://dx.doi.org/10.56301/juris.v6i2.649.
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Legal politics, namely as an effort to realize good regulations in accordance with the circumstances and situations at a time. As well as a policy from the state through the authorized bodies to establish the desired regulations, which are expected to be used to express, what is contained in society, and to achieve what is aspired. Diplomas are included in the part of educational instruments; therefore, the national education law also regulates the crime so that it can be charged with two articles (articles listed in the Criminal Code and articles listed in the National Education System Law). So, if the forged is a school diploma, it is more appropriate that what is imposed is an article in the National Education System Law. Indeed, in general it has been regulated in the Criminal Code, but for example the use of fake diplomas is not regulated in the National Education System Law by the Criminal Code with the term authentic letters/deeds being accommodated. The formulation of the problem in this study is how the politics of criminal law against the failure to register candidates for DPR/DPRD in the General Election. The method used is normative legal research. Based on the research results, it is known that the Politics of Criminal Law Against the Failure to Register Candidates for DPR/DPRD in the General Election that law is a political product that views law as a formalization or crystallization of interacting political wills.
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Kumar, Ayush. "Critical Analysis of the Law Relating to Cyber Crime." International Journal for Research in Applied Science and Engineering Technology 10, no. 11 (November 30, 2022): 2081–82. http://dx.doi.org/10.22214/ijraset.2022.47771.
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Abstract: The Cyber Crime is most popular Crime in the world the Cyber Criminals Crimes are the Committed day by day .This Crime commit the Computer and Internet in this Crime Criminals are hacking the Computer system, Mobile like that Hacking virus ,Worm attacks, DOS attack etc. The personal data are Theft Like that Bank account detail, e-mail, Mobile messages .The computer as a weapon using the computer system to commit real world Crimes like Cyber terrorism, IPR(Intellectual property infringing) contravention, credit card frauds, EFT (Electronic fund transfer) Frauds, Pornography etc. The Cyber Criminals activities to the internet are termed as Cyber Crimes with the increasing popularity of online activity like that online banking and online Sopping In this term hearing the news day by day. The Cyber Crime law of The Cyber Criminals can involves the Crimes activity like that Theft, fraud, forgery, scandal and mischief all of which are the object to the IPC. The Abuse of the computer has also given birth to a scale of new generation Crimes that are addressed by the information technology .The Cyber law is a term used to explain legal issues affined to use of communications technology, particularly cyberspace the Internet.
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Zinchenko, O. "Chinese and Japanese criminal codes of the 7th century: similarities and differences." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 374–80. http://dx.doi.org/10.24144/2307-3322.2022.70.60.
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A comparative analysis of the criminal codes of ancient China and Japan is carried out. The researcher shows that the history of traditional Chinese law spans four millennia and is divided into two main stages ‒ antiquity and the Middle Ages, which are separated in the 10th century. The system of criminal responsibility, together with the purchase of gold, took shape in China back in the XX1-XV1 centuries BC. In the VIII-III centuries BC the central problem of legal thought turned out to be the administration of the state. An important role in the development of law was played by Confucius and Lao Tzu, who did not reject the use of criminal punishments in government. The criminal law of Ancient China received its own name and structure under different dynasties. After the «Canon of Laws», which consisted of 6 sections, followed the «Criminal Code of Laws from 9 chapters», later ‒ from 18 chapters, then from 12 sections. The last was the name «The name of criminal punishments and the rules of their application», which turned out to be inherited by the Tang dynasty. The author concludes that there are inherent similarities and differences. The first include the formation of the criminal law of both countries on the principles of Confucian-legalist ideas, the basis of which was the management of the state and society, the multistage process of this process, the pursuit by its creators using criminal law of one goal: ensuring the unity of the state, the strength and authority of the central government and stability in society ... The unit of redemption is the same: 596 and 600 grams of copper, the number of types of punishments: 5 versus 5, the amount of redemption from them: 1-5 jing versus 1-5 kin. The differences lie in the independent emergence of Chinese law, and Japanese law under the decisive influence of Chinese law. The formation time of Chinese law exceeded a millennium, while Japanese law took only one century. The structure of the Japanese code provided for the 8 most serious crimes against the 10 in the Chinese document. It does not contain the comments that are actually given in the Shotoku Constitution, Taika Manifesto and Taiho Re. Taiho ritsu did not mention the two most serious crimes at all: «disagreement between relatives» and «incest». 6 out of 8 of these crimes were called differently and only 2 of the latter coincided with the Chinese; «Great disrespect» (item 6) and «breach of duty» (item 8). In general, despite the differences noted, the formulation of the content of the most serious crimes by both codes was identical.
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Nordstrom, Benjamin R., and Charles A. Dackis. "Drugs and Crime." Journal of Psychiatry & Law 39, no. 4 (December 2011): 663–87. http://dx.doi.org/10.1177/009318531103900407.
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Drug law violations and other crimes related to substance abuse incur dire costs in terms of both financial outlay and human suffering. This review of the current professional literature addresses the identification of risk factors and the longitudinal course of addiction and criminal behavior. Results indicate that neither criminally active drug users nor drug users in general are monolithic groups in terms of manifestations of criminal behavior. Drug use and criminal activity are depicted as mutually facilitative behaviors, with research outcomes tending to convey that although drug addiction does not turn nonviolent criminals into violent criminals, active addiction does increase the frequency of criminal activity.
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Weisburd, David, Ellen F. Chayet, and Elin J. Waring. "White-Collar Crime and Criminal Careers: Some Preliminary Findings." Crime & Delinquency 36, no. 3 (July 1990): 342–55. http://dx.doi.org/10.1177/0011128790036003003.
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The criminal career paradigm has become an increasingly important perspective in the study of street crimes, but it has generated little interest among scholars concerned with white-collar criminality. Behind this neglect lies a common assumption about white-collar criminals. Although street criminals are assumed highly likely to recidivate, white-collar offenders are thought to be “one-shot” criminals unlikely to be processed in the justice system after their initial brush with the law. This article examines the extent to which this image of white-collar criminals is reflected in the criminal records of defendants convicted under white-collar crime statutes. Findings show that white-collar criminals are often repeat offenders. The data also suggest that such offenders are likely to begin their “careers” later, and evidence lower frequency of offending than do street criminals. The article concludes by examining the implications of these findings for white-collar crime research and policy.
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Felson, Marcus. "In their own words: criminals on crime." Journal of Criminal Justice Education 25, no. 2 (May 29, 2013): 252–54. http://dx.doi.org/10.1080/10511253.2013.798168.
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Gottschalk, Petter, and Lars Glasø. "Gender in White-Collar Crime: An Empirical Study of Pink-Collar Criminals." International Letters of Social and Humanistic Sciences 4 (September 2013): 22–34. http://dx.doi.org/10.18052/www.scipress.com/ilshs.4.22.
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White-collar crime is financial crime committed by white-collar criminals. Sensational white-collar crime cases regularly appear in the international business press and studies in journals of ethics and crime. This article is based on a sample of 255 convicted white-collar criminals in Norway from 2009 to 2012. Only 20 out of 255 white-collar criminals presented in Norwegian newspapers in the years from 2009 to 2012 were women. In the popular press, white-collar crime committed by women is sometimes labeled pink-collar crime. In this article, a number of reasons for this gender discrepance are discussed. Women’s access to organizational power structures is rising, but remains still limited. This is in line with opportunity theory. Women may have a greater sense of risk aversion rather than risk willingness, and women may more easily be perceived as victims of crime. However, It is very hard to believe that Norwegian men commit ten times more white-collar crime than Norwegian women, also because Norway is seen as a salient egalitarian country. Therefore, it is a question of whether the detection rate for female white-collar criminals is lower than for males. As a consequence, more attention should be paid to characteristics of female white-collar crime and criminals in future criminology research and law enforcement.
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Argomaniz, Javier, and Rut Bermejo. "Jihadism and crime in Spain: A convergence settings approach." European Journal of Criminology 16, no. 3 (February 13, 2019): 351–68. http://dx.doi.org/10.1177/1477370819829653.
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This article explores the melting pot of jihadists and criminals that has featured in some of the most significant jihadist attacks and plots foiled in Spain over the last 15 years. Applying Felson’s offender convergence settings theory to this case, we argue that the confluence of criminality and jihadism observed in other European contexts has also been present in the Spanish case. Individuals with criminal pasts have utilized their skills for terrorist attacks, a variety of forms of crime have been used to fund terrorism, and certain settings such as prisons have facilitated the convergence between criminals and jihadists and enabled a process of identity transition.
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Makinen, Virpi, and Heikki Pihlajamaki. "The Individualization of Crime in Medieval Canon Law." Journal of the History of Ideas 65, no. 4 (2004): 525–42. http://dx.doi.org/10.1353/jhi.2005.0016.
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Adhari, Ade, and Sherryl Naomi. "PELATIHAN KEBIJAKAN HUKUM PIDANA DALAM MELINDUNGI LINGKUNGAN BAGI CALON JAKSA PADA BADAN DIKLAT KEJAKSAAN RI." Jurnal Serina Abdimas 1, no. 3 (August 29, 2023): 1225–29. http://dx.doi.org/10.24912/jsa.v1i3.26218.
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ABSTRACT
The Environmental law politics in Indonesia is carried out to accommodate the protection, management and control of environmental pollution. Criminal law policies as an effort to realize criminal laws and regulations in accordance with the conditions and situations at the time and in the future need to be studied in depth, especially for prospective prosecutors as holding an important role in carrying out prosecutions in environmental criminal cases. The provision of environmental criminal law policy training is carried out to prospective prosecutors through classes at the Attorney General's Education and Training Agency of the Republic of Indonesia. This activity is carried out face to face in class using the lecture method, and a question and answer session for each participant. This criminal law policy training is expected to provide understanding to prospective prosecutors regarding the imposition of criminal sanctions in environmental crimes.
ABSTRAK
Politik hukum lingkungan di Indonesia dilaksanakan untuk mengakomodir perlindungan, pengelolaan dan pengendalian pencemaran lingkungan hidup. Kebijakan hukum pidana sebagai usaha mewujudkan peraturan perundang-undangan pidana sesuai dengan keadaan dan situasi pada waktu dan masa yang akan mendatang perlu dipelajari secara mendalam, terutama bagi calon Jaksa sebagai emegang peranan penting dalam melakukan penuntutan dalam perkara pidana lingkungan hidup. Pemberian pelatihan kebijakan hukum pidana lingkungan ini dilakukan kepada calon jaksa melalui kelas di Badan Pendidikan dan Pelatihan Kejaksaan Republik Indonesia. Kegiatan ini dilakukan secara tatap muka dalam kelas dengan menggunakan metode ceramah, dan sesi tanya jawab bagi setiap peserta. Pelatihan kebijakan hukum pidana ini diharapkan dapat memberikan pemahaman kepada calon jaksa berkaitan dengan pengenaan sanksi pidana dalam tindak pidana lingkungan hidup.
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Din, Mohd, Ida Keumala Jeumpa, and Nursiti Nursiti. "PERTANGGUNGJAWABAN PARTAI TERHADAP CALON ANGGOTA LEGISLATIF YANG MELAKUKAN TINDAK PIDANA PEMILU (Accountability of Party Against Legislative Candidates Who Conduct Criminal Act of Election)." Jurnal Penelitian Hukum De Jure 16, no. 1 (August 26, 2016): 27. http://dx.doi.org/10.30641/dejure.2016.v16.27-40.
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This research aimed to study how the party`s accountability for offences committed by legislative candidates. What action that taken by a party of electoral violations and whether the party can be charged for. In the doctrine of Criminal Law known by criminal responsibility related to offenders, and in progress subject to criminal law, not only individual but institution or agency or corporation/firms. So, they should be responsible for it. It was a normative legal research, studying the principles of law related to criminal responsibility. Collecting data were done by two stages that were literature and field research. The first aimed to obtain secondary data namely, law material ;primary, secondary and tertiary. And then, the second, collecting data with an in-depth interview with certain key informant. It used a qualitative method.The result showed that party never asked for their responsibility related to offences by legislative candidates who committed election crime because the act did not rule it. The party had not take action associated with offences were done by them. Politic party as cooperation/firms ideally should take account to candidates who conducted the crime. It was a necessary regulation that managed its accountability as in cooperation. Besides, the party should give politics education and strict sanctions to them who did despicable manners. Key words: accountability, party, election of criminal act, legislative ABSTRAK Penelitian ini dimaksudkan untuk mengkaji bagaimana pertanggungjawaban partai terhadap pelanggaran yang dilakukan oleh Calon Anggota Legislatif, Apa tindakan yang diambil oleh partai terhadap pelanggaran pemilu yang dilakukan oleh Calon Anggota Legislatif dan apakah partai dapat dipersalahkan terhadap pelanggaran yang dilakukan oleh Calon Anggota legislatif. Hal ini dilatarbelakangi oleh karena di dalam doktrin hukum pidana dikenal adanya pertanggungjawaban pidana yang dikaitkan dengan pelaku, dan dalam perkembangannya subyek hukum pidana bukan hanya orang perorangan, malainkan juga suatu badan atau korporasi. Sehingga yang dapat dimintai pertanggungjawaban adalah juga suatu badan atau korporasi. Penelitian ini merupakan penelitian hukum normatif, yang mengkaji asas hukum yang terkait dengan pertanggungjawaban pidana, namun demikian diperlukan data lapangan sebagai pelengkap. Pengumpulan data dilakukan melalui dua tahap yaitu penelitian kepustakaan dan penelitian lapangan. Penelitian Kepustakaan (library research), untuk memperoleh data sekunder berupa bahan hukum; primer, sekunder dan tertier. Penelitian lapangan dilakukan dengan cara wawancara mendalam (deptintevew) dengan narasumber yang ditentukan. Data yang terkumpul baik dari hasil penelitian lapangan maupun dari penelitian kepustakaan dianalisis dengan menggunakan metode kualitatif. Hasil penelitian menunjukkan bahwa Partai tidak pernah dimintai pertanggungjawaban sehubungan dengan pelanggaran yang dilakukan oleh calon anggota legislatif yang melakukan tindak pidana Pemilu, karena Undang-undang tidak mengatur pertanggungjawaban Partai terhadap tindak pidana yang dilakukan oleh calon anggota ligeslatif. Partai tidak pernah melakukan tindakan terkait dengan calon legislatif yang melakukan pelanggaran. Partai Politik sebagai Korporasi idealnya juga harus bertanggungjawab terhadap tindak pidana yang dilakukan oleh calon anggota legislatif. Diperlukan regulasi yang mengatur pertanggungjawaban partai terhadap tindak pidana yang dilakukan oleh Calon anggota legislatif sebagaimana pertanggungjawaban dalam tindak pidana korporasi. Di samping itu, hendaknya partai melakukan pendidikan politik kepada anggotanya dan memberikan sanksi tegas kepada anggota partai politik yang merlakukan perbuatan yang tercela. Kata Kunci: Tindak pidana Pemilu
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Sindall, R. S. "The criminal statistics of nineteenth-century cities: a new approach." Urban History 13 (May 1986): 28–36. http://dx.doi.org/10.1017/s0963926800007987.
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In the last decade an area of urban history receiving increasing attention has been that of crime and, in particular, nineteenth-century crime. For those social scientists whose main interest is the study of lower-class life the study of crime has become increasingly fashionable. However, the study of crime is the study of the whole of society and the relationship of the various classes within that society. That law-makers create law-breakers is axiomatic and the study of crime is, therefore, not just the study of criminals but also of the institutions which defined them as criminals. For too long it has been implied that studying criminals is the study of a subset of lower-class life. This is a reflection of the fact that research is largely a middle-class occupation and so researchers bring to their work their own middle-class perception of society. The result is the automatic acceptance that crime consists purely of larceny, burglary, assault, rape and murder while overlooking the middle-class crimes of fraud, embezzlement, tax evasion, offences against the Companies Acts, Consumer Protection Acts and Factory Acts.
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Kleck, Gary, Tomislav Kovandzic, and Jon Bellows. "Does Gun Control Reduce Violent Crime?" Criminal Justice Review 41, no. 4 (October 4, 2016): 488–513. http://dx.doi.org/10.1177/0734016816670457.
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Do gun control laws reduce violence? To answer this question, a city-level cross-sectional analysis was performed on data pertaining to every U.S. city with a population of at least 25,000 in 1990 ( n = 1,078), assessing the impact of 19 major types of gun control laws, and controlling for gun ownership levels and numerous other possible confounders. Models were estimated using instrumental variables (IVs) regression to address endogeneity of gun levels due to reverse causality. Results indicate that gun control laws generally show no evidence of effects on crime rates, possibly because gun levels do not have a net positive effect on violence rates. Although a minority of laws seem to show effects, they are as likely to imply violence-increasing effects as violence-decreasing effects. There were, however, a few noteworthy exceptions: requiring a license to possess a gun and bans on purchases of guns by alcoholics appear to reduce rates of both homicide and robbery. Weaker evidence suggests that bans on gun purchases by criminals and on possession by mentally ill persons may reduce assault rates, and that bans on gun purchase by criminals may also reduce robbery rates.
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Sumanang, Tithos Briyan Pamungkas, and Amin Purnawan. "The Effectiveness Of Death Execution On Narcotics Crime As Law Enforcement." Law Development Journal 3, no. 2 (August 10, 2021): 441. http://dx.doi.org/10.30659/ldj.3.2.441-452.
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This study aims to review the Narcotics Law that applies in Indonesia, especially Act No. 35 of 2009 concerning Narcotics. In addition, this research is also expected to find out the obstacles and solutions in law enforcement efforts against narcotics criminals. The research approach method that will be used in the research is the juridical-sociological method. From the results of this study, it is concluded that theoretically the applicable narcotics law has been very effective in investigating narcotics criminals, and in practice the law is also very helpful in completing investigations against narcotics criminals in Indonesia and the execution of the death penalty is one of the hard law enforcement efforts to emphasize that narcotics abuse is a very dangerous thing. However, the problem of narcotics abuse is not only a national problem, it has become an international problem that cannot be solved only with existing regulations, professionals from law enforcement officials are also very much needed in cracking down on narcotics abuse, and the role of public awareness is also important, in order to stay away from narcotics abuse.
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Weaver, Beth. "Review: Offenders on Offending: Learning About Crime from Criminals." Probation Journal 58, no. 1 (March 2011): 79–81. http://dx.doi.org/10.1177/0264550510393227.
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Albanese, Jay. "Crime Control Measures, Individual Liberties, and Crime Rates." International Criminal Justice Review 27, no. 1 (November 30, 2016): 5–18. http://dx.doi.org/10.1177/1057567716680401.
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The balance between crime control methods and individual liberties is always problematic, creating tension, because in order to investigate crime, and adjudicate and punish offenders, it is necessary to make reasonable intrusions into the liberty of citizens. This study uses data from 40 countries to examine the crime control measures (police per capita and conviction rates) that reflect government investments in criminal justice apparatus to control crime and criminals, as well as the use of these crime control measures through government intervention in the lives of its citizens (formal citizen contacts with police, prosecution rate, and detention rate), to examine their impact on crime victimization rates (homicide rates and crimes included in the international crime victim survey). The purpose is to examine whether these government interventions have any impact on crime rates across countries, controlling other independent variables that might help to explain any observed relationships among these variables (such as measures of civil liberties, democracy, human development, available information and communications technologies, political rights, corruption perceptions, education, economic freedom, freedom of the press, and prosperity).
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Tang, Junyi. "Study on the Incidental Consequences of Crime in the Era of Misdemeanor Era." Transactions on Social Science, Education and Humanities Research 7 (May 6, 2024): 50–59. http://dx.doi.org/10.62051/x33k8t45.
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Under the background of the misdemeanor era, the normative concept and functional orientation of the incidental consequences of crime have changed. Incidental consequences of crime refer to the adverse consequences that are stipulated outside the criminal law and apply to criminals or their relatives, which detract from social evaluation or increase the burden of obligations. The functional orientation is also different in the eras of misdemeanor and felony. There is no distinction between the incidental consequences of misdemeanors and felonies, which violates the principle of proportionality, and the principle of prohibiting repeated evaluation. The negative effects are becoming more obvious. We should strengthen the correlation between the incidental consequences of crime and the preconditions that trigger the consequences, adjust the conflicts between the provisions of different ranks of effectiveness, and adjust the provisions on the incidental consequences of criminals and non-criminals to follow the principle of proportionality so that the incidental consequences of crime can be more appropriately applied in the era of misdemeanors.
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Young, Lawrence F. "United States computer crime laws, criminals and deterrence." International Review of Law, Computers & Technology 9, no. 1 (January 1995): 1–16. http://dx.doi.org/10.1080/13600869.1995.9966408.
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Nugent, Hugh. "Prosecuting computer criminals using state computer crime statutes." International Review of Law, Computers & Technology 9, no. 1 (January 1995): 159–82. http://dx.doi.org/10.1080/13600869.1995.9966418.
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PETERSILIA, JOAN. "A Crime Control Rationale for Reinvesting in Community Corrections." Prison Journal 75, no. 4 (December 1995): 479–96. http://dx.doi.org/10.1177/0032855595075004005.
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Crime prevention solutions coming out of Washington are politically attractive, but the author of this article explains that they are at odds with strategies advocated by practitioners, scholars, and numerous expert panels. Elected government officials have recently proposed spending more funds on prison construction at the expense of prevention programs. Taking such a reactive approach does not deter young people from becoming criminals, nor does it address the majority of criminals—those serving sentences on probation and parole. This article examines and substantiates the argument for focusing on crime prevention and community corrections rather than on law enforcement programs.
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Harunullah, Alvian, and Yusuf Gunawan. "Law Enforcement in Revealing Fraud Crime Cases via Internet Media." FOCUS 4, no. 2 (August 15, 2023): 163–71. http://dx.doi.org/10.37010/fcs.v4i2.1331.
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This research aims to assess how investigation and law enforcement are used to uncover cases of fraud committed via electronic media. This research was conducted at the Depok Metro Police. This research applies qualitative methods in its process with a focus on empirical research. Data collection was carried out through primary data sources and secondary data. Primary data was collected through interviews with investigators, while secondary information was obtained through the use of books and scientific publications. journals. The research results show that investigators at the Depok Metro Police face several obstacles in tracking fraud perpetrators via electronic media. These obstacles include difficulties in tracking criminals because they often use fake identities, obstacles in accessing perpetrators' account identity information because of the bank's bureaucratic process which takes quite a long time, as well as the lack of a special unit that handles fraud cases using electronic media and a lack of adequate equipment. to carry out searches for criminals using electronic media.
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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.
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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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Lynch, Michael. "Book Review: Trusted Criminals: White Collar Crime in Contemporary Society." Criminal Justice Review 21, no. 1 (May 1996): 105–6. http://dx.doi.org/10.1177/073401689602100120.
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Coşgel, Metin M., Boǧaç Ergene, Haggay Etkes, and Thomas J. Miceli. "Crime and Punishment in Ottoman Times: Corruption and Fines." Journal of Interdisciplinary History 43, no. 3 (December 2012): 353–76. http://dx.doi.org/10.1162/jinh_a_00422.
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Ruling for more than six centuries over lands that spanned three continents, the Ottomans developed a system of law enforcement that initially relied on fines collected by local agents. In the sixteenth century, much of the revenue from these fines went to the local officials in charge of identifying suspects and punishing criminals. To prevent corruption, the personnel responsible for adjudicating criminals were not also responsible for punishing them; public officials were periodically rotated between regions; and law-enforcement agents' compensation derived from criminal fines as well as local taxes. After the seventeenth century, high levels of inflation, imperial decentralization in the provinces, and the institution of long-term tax farming altered the government's relationship with local law-enforcement agents, thereby reducing the effectiveness of mechanisms that previously helped to control corruption. These developments impelled the Ottomans to decrease their reliance on fines for punishment in later periods.
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Fairman, David. "The Illegal Economy and Crime as a Service." ITNOW 63, no. 3 (August 16, 2021): 14–15. http://dx.doi.org/10.1093/itnow/bwab068.
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Abstract With the significant advances of technology over many years, not only have law-abiding citizens, organisations and governments leveraged this to their advantage to grow and prosper, so too have criminals, writes David Fairman, CSO APAC at Netskope.
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Perri, Frank S. "Red Collar Crime." International Journal of Psychological Studies 8, no. 1 (December 20, 2015): 61. http://dx.doi.org/10.5539/ijps.v8n1p61.
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<p>Traditional viewpoints held by academic and non-academic professional groups of the white-collar crime offender profile(s) are that they are non-violent. Yet research has begun to unveil a sub-group of white-collar offenders who are violent, referred to as red-collar criminals, in that their motive is to prevent the detection and or disclosure of their fraud schemes through violence. This article is the first to discuss the origin of the red-collar crime concept developed by this author coupled with debunking white-collar offender profile misperceptions that have persisted for decades by offering current research on the anti-social qualities displayed by this offender group that predates their violence. Secondly, the article applies behavioral risk factors, such as narcissism and psychopathy, which contributes to our understanding of why some white-collar offenders may resort to violence while other white-collar offenders do not. Case analysis also draws upon gender distinctions, workplace violence and homicide methods used to illustrate that red-collar criminals are not an anomaly to ignore simply because they may not reflect the street-level homicides typically observed by society, investigated by law enforcement and studied by academia.</p>
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Sheptycki, James. "Guns, crime and social order." Criminology & Criminal Justice 9, no. 3 (July 29, 2009): 307–36. http://dx.doi.org/10.1177/1748895809336379.
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Canada has undergone intensive public debate concerning firearms over the past two decades, much of which has concerned the effectiveness of gun control legislation. Since about 2005 public discourse has focused increasingly on an upsurge in gun-crime perpetrated by street-level criminals. The article examines the projection of these concerns within the Canadian mass media and through official statistics. It shows that gun control legislation appears to have had a positive effect on gun-related crime in Canada, but that a residuum of gun-crime has remained. Evidence suggests that a process of pistolization is ongoing in some places, but that it is not a dominant strain. The article also looks at some examples of grassroots resistance to pistolization in Canada in some communities that are worst affected by street-level gun crime.
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Islam, Sania, Shah Sawar Younas Khan, Kawal Gul, and Younas Khan. "Criminal Behaviour in the Context of Various Criminal Theories." Review of Education, Administration & Law 5, no. 4 (December 31, 2022): 643–55. http://dx.doi.org/10.47067/real.v5i4.293.
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Criminal activity has been in society for as much as there has been mankind. Socioeconomic and sociocultural criminogenic factors both contribute to crime. The research of subcultures frequently replaces the study of criminals as a social type. The research on crime and the study of conduct are not synonymous. Attempts to discover the basic differences between crime and non-crime, considered as behavior, and between criminals and non-criminals, considered as different types of individuals, have yielded evidence that seems to undermine the very assumption upon which such attempts have been founded. The belief that there is a fundamental distinction between criminal and non-criminal activity is dubious.The majority of crimes go unreported and unrecorded. Any sample of presumed non-criminals is questionable due to research on self-reported offenses accessible to public and private groups but not the police, white collar crime, and factors connected to differential reported crime.The percentages are comparatively high for lower middle class, minority group, youthful, male, itinerant, and urban populations for the majority of offending categories. It is debatable if variances in behavior among various groups of individuals account for discrepancies in crime rates. Criminology may look into whether laws penalize actions that are typical of those with less authority but not those with more power. People progressively pick up the fundamentals of illegal behavior and disdain the law more and more. When someone is officially assigned to a certain delinquent stigma, they start to identify with the appropriate social group and act accordingly. The qualitative research methodology has been applied tothe following article.
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Borkov, Viktor N. "Criminal law measures to combat provocation of crimes and falsification of criminals." Gosudarstvo i pravo, no. 10 (2021): 127. http://dx.doi.org/10.31857/s102694520017267-4.
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The article examines the criminal-legal aspects of the actual problem of protecting the inviolability of the individual from the unacceptable activity of state representatives in the exercise of law enforcement functions. Topical issues for theory and practice of the legal nature of the provocation of crime and the falsification of criminals remain debatable. There are no unified approaches to the qualification of provocative and inflammatory actions and cases of "throwing" objects to citizens, for the turnover of which criminal responsibility arises, there is no theoretical justification for the criminal legal status of persons provoked to commit a crime. The article shows that the qualification of common cases of provocation of crimes and falsification of criminals according to the norms providing for liability for abuse of official authority, falsification of evidence or the results of operational investigative activities should be recognized as not accurate. At the same time, responsibility for these actions committed by subjects who are not officials, and without the participation of the latter, has not been established at all. The author proposes a draft criminal law provision providing for liability for inducing to commit a crime or its staging in order to illegally create grounds for criminal prosecution. The paper questions the approach according to which a person provoked by law enforcement officers to commit a crime is not subject to criminal liability regardless of the specifics of the encroachment.
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Gottschalk, Petter. "White-collar crime." International Journal of Police Science & Management 19, no. 2 (June 2017): 120–26. http://dx.doi.org/10.1177/1461355717711453.
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Policing religious organizations presents challenging situations. When there is suspicion of financial crime by white-collar criminals, secrecy and trust represent obstacles to law enforcement. This article discusses the lack of detection and neutralization techniques often applied in religious organizations. There may be too much trust, too much freedom, too much individual authority, too little scepticism, too much loyalty and too little control of the financial side in religious organizations. There may be no empirical evidence for the proposition that religion has a deterrent effect on crime, although sociologists and criminologists have long recognized potential links between religious belief and delinquent behaviour.
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Compin, Frederic. "Do financial criminals commit perfect crimes?" Journal of Financial Crime 23, no. 3 (July 4, 2016): 624–36. http://dx.doi.org/10.1108/jfc-03-2015-0018.
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Purpose Financial criminals commit crimes with such disconcerting ease that economic and social stability is threatened. Armed with intangible knowledge and backed by legal, financial and accounting expertise, criminals use their intellectual weapons to carry out their activities with impunity by operating in extra-territorial spaces such as tax havens. The purpose of this paper is based on interviews with key figures in the French judiciary and also French tax officials. Design/methodology/approach A survey in the form of semi-directive interviews was conducted from March to July 2012 with auditors, judicial magistrates and a representative of a large trade union of the French Ministry of Economy, Finance and Industry. Questioning this panel of persons from different but associated horizons enabled the collection of practical, technical and professional information on how they perceive acts of financial crime in the practice of their mission. Findings It was possible to observe that financial crime is motive-driven and develops in specific spaces and contexts, aided by informational weapons. Research limitations/implications By promoting both financial optimisation and tax minimisation, non-cooperative territories provide the perfect breeding ground for innovative minds to distort social norms which uphold equal tax treatment and a common effort. Financial information is the recurring theme throughout, allowing ever more cunning offenders to distort the value of words and the meaning of economic results. Practical implications The ease with which financial crimes are committed remains striking. Understanding the reasons why financial criminals appear to enjoy relative impunity requires questioning the magistrates and actors involved in the combat against financial crime. The interviews conducted with these key players show that financial crime develops and flourishes on the basis of a threefold specificity: a specific motive linked to absolute enrichment without economic foundation, diffuse and imprecise spaces where economic crimes proliferate with total impunity and an intangible weapon in the form of financial information. Social implications The private appropriation of financial information leads to the misappropriation of public goods and its capture by private operators, thereby depriving the community of a source of knowledge and expertise. Originality/value This paper is based on interviews with key figures in the French judiciary and also French tax officials. A survey in the form of semi-directive interviews was conducted from March to July 2012 with auditors, judicial magistrates and a representative of a large trade union of the French Ministry of Economy, Finance and Industry.
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Gałkowski, Tomasz. "Protection of the Ecclesial Community against Internet Abuses in Book VI of the Code of Canon Law." Philosophy and Canon Law 9, no. 2 (December 29, 2023): 1–15. http://dx.doi.org/10.31261/pacl.2023.09.2.05.
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Pope Francis, promulgating new canonical provisions in the field of criminal law, made an in-depth analysis of the ecclesial community, both in itself and through its reference to the secular community. From this perspective, the study presents the reasons for normative solutions: theological, church-social, and social. They constitute a point of reference for considering the abuses and crimes committed by the faithful using the Internet. The presence of the Internet has significantly changed the perception of the secular and ecclesial community, which does not release the faithful from the obligation to guard the faith and bear witness to it. This is also served by normative solutions, the observance of which contributes to building the unity of the community.
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Knight, Dave. "Policing white collar crime: characteristics of white collar criminals." Police Practice and Research 19, no. 6 (July 17, 2017): 617–21. http://dx.doi.org/10.1080/15614263.2017.1351665.
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Arent, Olga. "PORWANIE LUB PRZETRZYMYWANIE DLA OKUPU WEDŁUG KODEKSU KANONÓW KOŚCIOŁÓW WSCHODNICH Z 1990 ROKU." Civitas et Lex 4, no. 4 (December 30, 2014): 49–58. http://dx.doi.org/10.31648/cetl.2026.
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Subject of this article is the legal research on crime of kidnapping or hostage- keeping forransom in jurisdiction of Code of Canons of Oriental Churches. Dogmatic and legal analysis ofnorms of the present code shows that can. 1445 and can. 1451 CCEO of 1990, alike can. 1370and can. 1397 Code of Canon Law (CIC of 1983), provide the possibility to punish perpetratorsof kidnapping or hostage – keeping for ransom of cleric persons, as well as any other person.Regarding this crime, penal sanctions upon CCEO of 1990 are heavier than these, which can beordered based on CIC of 1983.Aside from mentioned offences, Canon Law of Oriental Churches penalizes physical or psychicaltortures, so offender who kidnap or keep hostages with tortures will be liable for this crime.According to Canon Code of Oriental Churches, solely the court can order penalties, so likewisein polish penal law. However, due to specific ecclesiastic community, the nature of penal sanctionsis spiritual.
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Juita, Subaidah Ratna, Doddy Kridasaksana, and Ani Triwati. "Perlindungan Hukum Pada Korban Tindak Pidana Lingkungan Hidup Melalui Mediasi Penal Dalam Perspektif Pembaruan Hukum Pidana." Hukum dan Masyarakat Madani 7, no. 1 (January 12, 2017): 52. http://dx.doi.org/10.26623/humani.v7i1.1022.
Full textAbstract:
<p>Dalam sistem peradilan pidana untuk mengupayakan adanya mediasi penal. dilatar belakangi pemikiran yang dikaitkan dengan ide-ide pembaruan hukum pidana (<em>penal reform</em>). Latar belakang dilakukannya pembaruan hukum pidana itu antara lain didasarkan pada ide perlindungan pada korban tindak pidana. Bagi korban dan calon korban pencemaran dan/atau perusakan lingkungan yang diperlukan adalah adanya perangkat hukum yang memberikan jaminan perlindungan. Adapun permasalahan dalam penelitian ini adalah berkaitan dengan aspek perlindungan hukum pada korban tindak pidana lingkungan hidup melalui alternatif penyelesaian perkara tindak pidana lingkungan hidup di luar pengadilan, yakni melalui mediasi penal dalam perspektif pembaruan hukum pidana. Metode penelitian yang digunakan dalam penelitian ini adalah yuridis normatif, yaitu dengan mengkaji atau menganalisis data sekunder yang berupa bahan-bahan hukum primer, dengan memahami hukum sebagai perangkat peraturan atau norma- norma positif di dalam sistem perundang-undangan yang mengatur mengenai korban tindak pidana lingkungan hidup. Hasil penelitian menunjukkan, bahwa perlunya alternatif penyelesaian perkara tindak pidana lingkungan hidup di luar pengadilan, sebagai wujud konkret perlindungan hukum pada korban tindak pidana lingkungan hidup. Hal ini berarti dalam perspektif pembaruan hukum pidana perlu dilakukan revisi yang berkaitan dengan perumusan Pasal 85 ayat (2) Undang-Undang No. 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup, yang seyogyanya juga dapat dijadikan sebagai dasar hukum bagi penyelesaian TPLH di luar pengadilan.</p><p><em>In the criminal justice system to seek penal mediation. based on thoughts associated with ideas of reform of penal law (penal reform). The background of the criminal law reform is based on the idea of protection for victims of crime. For the victims and potential victims of pollution and / or environmental damage required is the existence of a legal device that provides protection coverage. The problem in this research is related to the aspect of legal protection to the victim of environmental crime through alternative of environmental crime case settlement outside court, that is through penal mediation in perspective of criminal law renewal.<strong> </strong>The research method used in this study is normative juridical, that is by reviewing or analyzing secondary data in the form of main legal material, by understanding the law as a set of rules or norms positive in the legislation system that regulates the victims of environmental crime life. The results show that the need for alternative settlement of environmental crime cases outside the court, as a real form of legal protection for victims of environmental crime. This means that in the perspective of reform of the criminal law, it is necessary to revise the formulation of Article 85 paragraph (2) of Law no. 32 of 2009 on Environmental Protection and Management, which should also be the legal basis for the settlement of TPLH out of court.</em></p>