Journal articles on the topic 'Crime of omission'
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1
Radov, Vladislav. "Chain of Causation: Omission Committed by the Obligor." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2020, no. 3 (November 6, 2020): 278–86. http://dx.doi.org/10.21603/2542-1840-2020-4-3-278-286.
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The article deals with theoretical and law-enforcement problems of establishing the chain of causation in crimes of omission committed by the obligor. The doctrine of criminal law developed an unambiguous philosophical understanding of causality within the framework of dialectical materialism. However, such scientists as Prof. V. B. Malinin and Prof. Z. B. Soktoev came to polar conclusions about the absence and presence of a causal relationship in cases of criminal omission. The author criticizes the so-called golden rule of causality in cases of omission and the comprehensive reason for omission. He believes that omission cannot be recognized as a condition of an antisocial result. The author uses the relativistic approach to causality to explain the relationship between the failure to fulfill one's professional or official duties and the resulting antisocial consequence. He proves the conditioning relationship in such situations and states the correlation of causation and condition, as well as the limits of understanding causality as an element of the objective aspect of a crime. Apparently, doctrinal controversies affect the law enforcement. The article introduces the latest judicial practice and positions of the courts on the legal content and legal consequences of establishing an indirect, indirect, and mediated causation chain. The category of causality cannot be used for the purposes of criminal law qualification due to the fact that law and natural science have a different understanding of causation. The research questions the significance of forensic medical examinations in cases of iatrogenic crimes in relation to the causal relationship and their assessment by the court. In this article, the issues of causality are considered only for such cases of omission that presuppose a failure to fulfill professional or official duties in a negligent crime. Therefore, the author does not claim to be exclusive of conclusions and proposals. As Academician V. N. Kudryavtsev said, the configuration of chain of causation depends on the corpus delicti or the type of crime.
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尧, 嘉晨. "Crime of Omission Caused by Prior Behavior." Open Journal of Legal Science 09, no. 02 (2021): 222–29. http://dx.doi.org/10.12677/ojls.2021.92031.
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Grondin, Rachel. "La responsabilité pénale du chef militaire : un défaut d’agir mais pas un défaut d’état d’esprit." Revue générale de droit 34, no. 2 (November 10, 2014): 309–41. http://dx.doi.org/10.7202/1027254ar.
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Le Statut de Rome de la Cour pénale internationale prévoit que le chef militaire n’ayant pas exercé le contrôle qui convenait, engage sa responsabilité pour le crime commis — génocide, crime contre l’humanité, crime de guerre — par des Forces qui lui sont subordonnées s’il savait ou « aurait dû savoir que ces forces commettaient ou allaient commettre ce crime ». Au Canada, la Loi sur les crimes contre l’humanité et les crimes de guerre établit que pour son manquement, le chef militaire est plutôt responsable pour un crime distinct de celui commis par un subordonné. Alors que l’élement matériel requis pour ces deux crimes est semblable, chacun possède un élément psychologique différent. La première partie de cet article traite de la participation par omission au crime commis, un mode traditionnel de participation en droit pénal canadien, alors que la deuxième partie, porte sur la commission d’un crime autre que celui commis par le subordonné. La présente étude cherche à démontrer que dans les deux cas, le crime dont sera responsable le chef militaire est, selon le droit pénal canadien, un crime de nature particulière exigeant une mens rea subjective. Le rapprochement certain entre ces deux crimes permet de conclure au caractère subjectif de l’élement moral rattaché au crime portant sur le manquement du chef militaire, une interprétation conforme à la Charte canadienne des droits et libertés.
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Jonghaeng Yoon. "Labor Strike and Omission Crime of Interference with Business." Korean Journal of Comparative Criminal Law 13, no. 2 (December 2011): 337–64. http://dx.doi.org/10.23894/kjccl.2011.13.2.015.
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Faust, Kelly L., and David Kauzlarich. "Hurricane Katrina Victimization as a State Crime of Omission." Critical Criminology 16, no. 2 (April 1, 2008): 85–103. http://dx.doi.org/10.1007/s10612-008-9052-x.
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Worrall, John L. "Investigative Resources and Crime Clearances: A Group-Based Trajectory Approach." Criminal Justice Policy Review 30, no. 2 (May 28, 2016): 155–75. http://dx.doi.org/10.1177/0887403416650251.
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Past studies of crime clearance rates have largely ignored the role of investigators in the process. This omission is important because criminal investigation is essential to clearing crimes, particularly those in which offenders are not readily identifiable. Using data from 570 law enforcement agencies spanning a 13-year period from 2000 to 2012, this study developed group-based trajectories of violent and property crime clearance rates (an approach not taken in previous clearance rate research), then modeled group membership with two measures of investigative spending and one of the proportion of investigators in sampled agencies (“investigative resources”), while controlling for factors such as workload and crime type. Results from a series of multinomial regression models suggest investigative resources play only a marginal role in crime clearance trajectories. This finding is consistent with early detective research, including the classic RAND criminal investigative process study.
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Ivan, Mari Claudia. "Desertion, a Continuing Omissive Offense." International conference KNOWLEDGE-BASED ORGANIZATION 22, no. 2 (June 1, 2016): 337–43. http://dx.doi.org/10.1515/kbo-2016-0057.
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Abstract In the study, the author analyzes the offense of desertion, based on its features, on the constitutive elements of its legal contents and other essential conditions required by the crime. Being a crime by omission, the desertion is committed by not doing activities which are ordered by law (”passivity to legal orders”).
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Mancini, Christina, Justin T. Pickett, Corey Call, Robyn Diehl McDougle, Sarah Jane Brubaker, and Henry H. Brownstein. "Sexual Assault in the Ivory Tower: Public Opinion on University Accountability and Mandatory Reporting." Sexual Abuse 31, no. 3 (May 8, 2017): 344–65. http://dx.doi.org/10.1177/1079063217706707.
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Highly publicized college sex crimes have recently captured public and policy attention. In response, greater discussion has turned to institutional accountability and controversial reforms such as mandatory reporting (MR). No study to date has measured public perceptions of campus sex assault procedures, however. This omission is notable because public opinion can directly and indirectly shape crime policy and because the topic has become increasingly politicized. Drawing on a 2015 poll of Virginia residents, this study evaluates views about campus sexual assault policy. Results indicate that two thirds of the public feel universities can effectively respond to sex crime and a large majority favors MR. Some differences in public opinion are evident. Research and policy implications are discussed.
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Tofaris, Stelios, and Sandy Steel. "NEGLIGENCE LIABILITY FOR OMISSIONS AND THE POLICE." Cambridge Law Journal 75, no. 1 (March 2016): 128–57. http://dx.doi.org/10.1017/s0008197315001002.
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AbstractThe police do not owe a duty of care to protect victims from the criminal acts of a third party when investigating or suppressing crime save in exceptional circumstances. This is justified as an application of the omissions principle and on several other grounds. The article argues that most of these justifications are unconvincing and it sets outs a positive rationale for the imposition on the police of a duty of care in respect of sufficiently proximate victims of a negligent omission. The scope of this duty can be coherently delimited by re-adjusting the existing framework of negligence liability of public authorities.
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Bartels, Rogier. "Denying Humanitarian Access as an International Crime in Times of Non-International Armed Conflict: The Challenges to Prosecute and Some Proposals for the Future." Israel Law Review 48, no. 3 (September 28, 2015): 281–307. http://dx.doi.org/10.1017/s0021223715000175.
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Impeding humanitarian access and the starving of civilians is prohibited under international humanitarian law in times of both international and non-international armed conflicts. Such conduct is criminalised under the Rome Statute of the International Criminal Court (ICC Statute) when committed during an international armed conflict. However, without good reason, it is not a war crime when committed during a non-international armed conflict. Contemporary conflicts, such as that in Syria, show that this is a problematic omission. This article addresses the challenges in prosecuting the denial of humanitarian access during international armed conflicts and examines the options to prosecute before the International Criminal Court such denial in times of non-international armed conflict as other war crimes, crimes against humanity, and genocide. The author concludes that these options would not suffice and proposes to add to the ICC Statute the starvation of the civilian population, including through impeding humanitarian access, as a war crime for non-international armed conflicts.
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Sellers, Patricia Viseur, and Jocelyn Getgen Kestenbaum. "Missing in Action." Journal of International Criminal Justice 18, no. 2 (May 1, 2020): 517–42. http://dx.doi.org/10.1093/jicj/mqaa012.
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Abstract The slave trade prohibition is among the first recognized and least prosecuted international crimes. Deftly codified in, inter alia, the 1926 Slavery Convention, the 1956 Supplementary Convention, Additional Protocol II to the Geneva Conventions (AP II), the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, the norm against the slave trade — the precursor to slavery — stands as a peremptory norm, a crime under customary international law, a humanitarian law prohibition and a non-derogable human right. Acts of the slave trade remain prevalent in armed conflicts, including those committed under the Islamic State of Iraq and al-Shām (ISIS) Caliphate. Despite the slave trade’s continued perpetration and the prohibition’s peremptory status, the crime of the slave trade has fallen into desuetude as an international crime. Precursory conduct to slavery crimes tends to elude legal characterization; therefore, the slave trade fails to be prosecuted and punished as such. Several other factors, including the omission from statutes of modern international judicial mechanisms, may contribute to the slave trade crime’s underutilization. Also, the denomination of human trafficking and sexual slavery as ‘modern slavery’ has lessened its visibility. This article examines potential factual evidence of slave trading and analyses the suggested legal framework that prohibits the slave trade as an international crime. The authors offer that the crime of the slave trade fills an impunity gap, especially in light of recent ISIS-perpetrated harms against the Yazidi in Iraq. Therefore, its revitalization might ensure greater enforcement of one of the oldest core international crimes.
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胥, 栋辉. "On the Conflict between Crime of Omission and Principle of Legality." Open Journal of Legal Science 08, no. 02 (2020): 195–201. http://dx.doi.org/10.12677/ojls.2020.82028.
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Kerrigan, Kevin. "Unfitness to Plead, Insanity and the Mental Element in Crime." International Journal of Mental Health and Capacity Law, no. 4 (September 8, 2014): 121. http://dx.doi.org/10.19164/ijmhcl.v0i4.305.
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Whenever a person is found to be unfit to plead at the time of his or her trial, a jury must determine whether s/he “did the act or made the omission charged as the offence”. Similarly, when a court decides that a person was insane at the time of an offence being committed, part of the jury’s task is to determine whether s/he “did the act or made the omission charged”. In either case, if the jury is not so satisfied then it must return a verdict of acquittal. An issue that has caused the courts some considerable concern recently is the extent to which, if any, the mental element of the crime is relevant to the question of whether the accused “did the act”. This article reviews the existing authority and concludes that, although the courts have imposed a uniform test and may thus be said to have achieved consistency between the two situations, this may result in considerable injustice in some cases.
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Kerik, L. I. "THE ROLE OF THE SITUATION IN THE STRUCTURE OF DRIVING TO SUICIDE MECHANISM." Theory and Practice of Forensic Science and Criminalistics 15 (November 30, 2016): 114–21. http://dx.doi.org/10.32353/khrife.2015.13.
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The article deals with the role of the situation in the structure of driving to suicide mechanism. The situation of driving to suicide is differentiated into stages of its development, the article also determines temporal connections of this crime and distinguishes types of driving to suicide places with the focus on the role of these elements in criminalistic characteristics of crimes as well as and their interconnections. A place of driving to suicide is a place, where preparations prior to the crime have been carried out, the crime had been committed (threats, cruel treatment, systematic humiliation of human dignity, blackmail); a place with traces and evidence of a criminal trespass (place of suicide); place of concealment of traces and evidence of the crime, instruments andfacilities of its commission, the object of a criminal trespass (staging of suicide, murder). The time of driving to suicide allows establishing the sequence and development of different processes. The situation of driving to suicide consists of non-interference and omission by individuals (relatives, colleagues, friends and others) in whose presence a criminal mistreats or humiliates the personal dignity of the victim.
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B, Ravinarayana. "Crime Activity Detection Using Machine Learning." International Journal for Research in Applied Science and Engineering Technology 10, no. 7 (July 31, 2022): 3791–95. http://dx.doi.org/10.22214/ijraset.2022.45860.
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Abstract: This study focuses mostly on criminal activity identification. To solve this issue, we employ the machine learning methodology. A criminal offense is characterized as an act or omission that violates the law and is penalized. Crimes seldom involve a particular place because they can occur anywhere, from small towns to major cities. Using an automated video surveillance system rather than human operators is one strategy to combat this issue. A system like this allows for simultaneous monitoring of numerous screens without sacrificing focus. Intelligent video surveillance is only one of the many fields where understanding human behavior in the actual world has applications.
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Al Waleed, Saher, and Iyad Mohammad Jadalhaq. "Liability for Withholding Assistance: General Clause or Closed List? A Review of Competing Models in Arab Legislations." Jurídicas 18, no. 2 (July 1, 2021): 61–87. http://dx.doi.org/10.17151/jurid.2021.18.2.5.
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This study reviews two main approaches for dealing with omission of assistance in the criminal laws of Arab jurisdictions. The first approach adopts a general clause on the crime of withholding assistance. This approach, following the model of the French Code pénal, prioritises the right to life and bodily integrity over individual freedom, and has been adopted in Algeria, the UAE, Qatar, Lebanon, Bahrain, Morocco, and Sudan. The second approach restricts criminal omission of assistance to a closed list of cases, in which it mandates a duty to intervene. The Palestinian Criminal Code follows this alternative model, with origins in English criminal law, prioritising individual freedom. The study presents the viability of a general omission clause in criminal law. It contrasts this with the absence of a comparable clause in civil liability, where Arab jurisprudence has instead codified a set of requirements for simple omission to result in civil liability.
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Al Waleed, Saher, and Iyad Mohammad Jadalhaq. "Liability for Withholding Assistance: General Clause or Closed List? A Review of Competing Models in Arab Legislations." Jurídicas 18, no. 2 (July 1, 2021): 61–87. http://dx.doi.org/10.17151/jurid.2021.18.2.5.
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This study reviews two main approaches for dealing with omission of assistance in the criminal laws of Arab jurisdictions. The first approach adopts a general clause on the crime of withholding assistance. This approach, following the model of the French Code pénal, prioritises the right to life and bodily integrity over individual freedom, and has been adopted in Algeria, the UAE, Qatar, Lebanon, Bahrain, Morocco, and Sudan. The second approach restricts criminal omission of assistance to a closed list of cases, in which it mandates a duty to intervene. The Palestinian Criminal Code follows this alternative model, with origins in English criminal law, prioritising individual freedom. The study presents the viability of a general omission clause in criminal law. It contrasts this with the absence of a comparable clause in civil liability, where Arab jurisprudence has instead codified a set of requirements for simple omission to result in civil liability.
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Chihai, Cristina. "Legislative omission of the illegal practice of financial activity as an offence." Journal of the National Institute of Justice, no. 2(61) (July 2022): 21–24. http://dx.doi.org/10.52277/1857-2405.2022.2(61).03.
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The classification of a prejudicial act/harmful event pursuant to Article 2411 (Unlawful practice of financial activity) of the Moldovan Criminal Code involves determining the offence objective and subjective constituents. The subject of the offence is the main player, without whom there can be neither crime nor criminal liability. The Parliament has recognised natural and legal persons as subjects of offence. However, the legal person is held liable for the committed offence only when the Special Part of the Criminal Code comprises appropriate sanctions. In case of the offence covered by Article 2411 of the Criminal Code, the Legislature has not recognised the legal person as a subject of crime. This Article shall deal with the unlawful practice of financial activity and the possibility of its commission by a legal person. Likewise, the Article aims to justify the need to regulate the criminal liability of legal persons along with the criminal liability of natural persons holding management positions pursuant to Article 21 (3) of the Criminal Code. For the offence subject to research, the legal person shall be referred to criminal justice.
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Blaustein, Jarrett, Tom Chodor, and Nathan W. Pino. "Making Crime a Sustainable Development Issue: From ‘Drugs and Thugs’ to ‘Peaceful and Inclusive Societies’." British Journal of Criminology 60, no. 1 (September 26, 2019): 50–73. http://dx.doi.org/10.1093/bjc/azz050.
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Abstract Development has long featured on the United Nations (UN) crime policy agenda; however, crime was only officially recognized by the international community as a global development priority following the adoption of the Sustainable Development Goals in 2015. Adopting a sociological institutionalist perspective, this article sets out to account for how this recognition was achieved. We draw on interviews with senior UN crime policy insiders and documentary sources to analyse the efforts of the United Nations Office on Drugs and Crime (UNODC) to amplify awareness of the crime-development link following the omission of this issue from the Millenium Development Goals and amidst significant institutional and material pressures to strengthen its ties to the wider UN system. The article accounts for the political construction of the crime-development nexus and the important role that UNODC has historically played in facilitating global governance in this emergent and increasingly expansive sphere of policy and practice.
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Hernandez, Alma A., María B. Vélez, and Christopher J. Lyons. "The Racial Invariance Thesis and Neighborhood Crime." Race and Justice 8, no. 3 (October 18, 2016): 216–43. http://dx.doi.org/10.1177/2153368716669986.
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Social scientists have long known that crime is higher in minority versus White neighborhoods. Predominant accounts of this pattern invoke a racial invariance thesis, which posits that (1) accounting for inequalities in structural disadvantages substantially diminishes ethno-racial gaps in neighborhood crime and (2) key predictors operate uniformly across neighborhoods of different ethno-racial types. Unfortunately, little work examines the second assertion of racial invariance, leaving conclusions about the thesis tentative. We address this omission with unique data from the National Neighborhood Crime Study that includes information on neighborhood levels of property and violent crime for majority White, Black, Latino, minority, and integrated neighborhoods nested within a representative sample of 87 large cities. Findings show notable similarity in the influence of key predictors of both violent and property crime across the five ethno-racial neighborhoods. When differences are detected, they are due generally to magnitude and not direction. On the whole our work provides healthy support for a perspective that traces ethno-racial disparity in crime across neighborhoods to the structural underpinnings of urban inequality.
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Hunt, Neil, and Alex Stevens. "Whose Harm? Harm Reduction and the Shift to Coercion in UK Drug Policy." Social Policy and Society 3, no. 4 (October 2004): 333–42. http://dx.doi.org/10.1017/s1474746404001964.
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Building on Stimson's (2000) analysis, this paper examines the shift from a focus on health towards one of crime within UK drug policy. The increased use of coerced or compulsory treatment of drug users is discussed with reference to harm reduction theory and the question of whose harm is prioritised in shaping drug services. We also identify mechanisms by which the efficacy of treatment approaches based on coercion may be lessened or reduce the efficacy of other existing services. Failure to consider these may be an important omission in any appraisal of the impact of policies that increasingly prioritise crime prevention and coercion over heath and voluntarism.
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Aydin, Devrim. "The Interpretation of Genocidal Intent under the Genocide Convention and the Jurisprudence of International Courts." Journal of Criminal Law 78, no. 5 (October 2014): 423–41. http://dx.doi.org/10.1350/jcla.2014.78.5.943.
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Many scholars studying substantive criminal law examine the crime in an analytical way to determine the elements of crime, determining these elements as the material or objective element ( actus reus) and the mental or subjective element ( mens rea). In accordance with this, a crime consists of a physical act or omission (material element) and the psychological bond that links the act to the perpetrator (mental element). The elements of the crime of genocide are derived from the definition of Article 2 of the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide. According to this, the crime of genocide is committing any of the acts enumerated in the Convention with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such. The mental element of genocide was not mentioned either during the Nuremberg trials or in the Convention. The discussion on the mental element of the crime of genocide or ‘genocidal intent’ took place within international criminal law for the first time during the trials at international courts for the Former Yugoslavia and Rwanda in order to prove the perpetrators' genocidal intent. This article discusses the definition of genocide, the mental element of the crime in substantive criminal law, the mental element of the crime of genocide and the jurisprudence of the international tribunals related to the issue.
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Sydoruk I, I. "On the definition of the concept «criminal offense»." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 399–404. http://dx.doi.org/10.24144/2307-3322.2022.70.64.
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The article is devoted to general problems of inconsistency of national legislation in terms of terminology and interpretation of some key concepts of criminal law.
The shortcomings of the law on criminal liability can have catastrophic consequences for a number of actors: offenders, victims, pre-trial investigation bodies, judges, etc.
One of the most discussed issues in scientific and practical circles is the novella of the Criminal Code of Ukraine, which from July 1, 2020 introduced into law enforcement the term «criminal offense» as a collective in relation to the terms «crime» and «criminal offense». The main reason for this was the exceptional workload of investigators, prosecutors and judges with small criminal cases. Accordingly, they are planned to be considered in a simplified format of inquiry. This step is certainly justified, but it has led to the need for a comprehensive revision and amendment of terminological amendments to a number of regulations, which, in turn, have led to a large number of both internal and external inconsistencies.
In accordance with the new versions of Articles 11 and 12 of the Criminal Code (hereinafter – the Criminal Code) of Ukraine, the concept of «criminal offense» is introduced, criminal offenses are divided into criminal offenses (hereinafter – misdemeanors) and crimes; a misdemeanor differs from a crime only formally - by punishment: it cannot provide for imprisonment, and the fine for a misdemeanor cannot exceed three thousand non-taxable minimum incomes. Therefore, Article 11 of the Criminal Code of Ukraine states that a criminal offense is a socially dangerous criminal act (action or omission) committed by the subject of the criminal offense.
In the end, misdemeanor and crime are almost indistinguishable: like crime, misdemeanor is a socially dangerous crime; like a crime, a misdemeanor entails a criminal record; guilt in both the crime and the mis- demeanor must be established by a court conviction. Nevertheless, the procedure for pre-trial investigation and trial of misdemeanors, according to Law №2617-VIII, differs significantly from the similar procedure for crimes. In accordance with the provisions of Articles 38, 40-1, 71, 214, 219, 298-3, 298-4, 300 of the Criminal Procedure Code (hereinafter - CPC) of Ukraine, such a form of pre-trial investigation as the inquiry acquires a new meaning - for pre-trial investigation of misdemeanors.
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Halsted, James B. "The Anti-Drug Policies of the 1980's: Have They Increased the Likelihood for Both Wrongful Convictions and Sentencing Disparities?" Criminal Justice Policy Review 6, no. 3 (September 1992): 207–28. http://dx.doi.org/10.1177/088740349200600302.
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New statutory schemes enacted to support the “War on Drugs” policies of the 1980s are being enforced in a manner which is increasing the likelihood of a greater number of wrongful convictions. This study examines these new anti-drug statutes by analyzing how and when the American criminal justice system may be incarcerating marginally culpable and even innocent defendants due to the easier convictability of those prosecuted under the new statutes. One new crime created by these statutes is “trafficking in controlled substances.” An accused can be convicted under this powerfully sanctioned crime whenever the prosecution proves that he or she is only in “constructive possession” of a statutorily designated amount of a controlled substance. The significant change embodied in the new crime of “trafficking” is that it has reduced the amount of proof which used to be necessary to convict an accused person of the old drug dealer's crime, “possession of drugs with the intent to distribute.” In “trafficking” statutes, the seminal element of the older crime has been omitted. This omission has facilitated convictions. Additionally, this study uncovers statutorily built-in sentencing disparities among the punishments which judges are forced to impose on those convicted of “trafficking” versus the punishments which judges have the discretion to impose for other equally serious felonies.
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Carreira, Pedro, and Carlos Gomes da Silva. "Assessing the omission of records from a data set using Benford’s law." Journal of Financial Crime 23, no. 4 (October 3, 2016): 798–805. http://dx.doi.org/10.1108/jfc-10-2015-0060.
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Purpose The purpose of this paper is to propose a methodology to estimate the number of records that were omitted from a data set, and to assess its effectiveness. Design/methodology/approach The procedure to estimate the number of records that were omitted from a data set is based on Benford’s law. Empirical experiments are performed to illustrate the application of the procedure. In detail, two simulated Benford-conforming data sets are distorted and the procedure is then used to recover the original patterns of the data sets. Findings The effectiveness of the procedure seems to increase with the degree of conformity of the original data set with Benford’s law. Practical implications This work can be useful in auditing and economic crime detection, namely in identifying tax evasion. Originality/value This work is the first to propose Benford’s law as a tool to detect data evasion.
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Gikonyo, Constance. "Detection mechanisms under Kenya’s anti-money laundering regime: omissions and loopholes." Journal of Money Laundering Control 21, no. 1 (January 2, 2018): 59–70. http://dx.doi.org/10.1108/jmlc-06-2017-0023.
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Purpose This paper aims to detect the methods that facilitate the identification of potential money laundering activities in Kenya. Kenya is a transit point for international drug traffickers and trade-based money laundering. Hence, it is vulnerable to money laundering and consequently, it is necessary to examine the potency of its first lines of defence and its weaknesses. Design/methodology/approach The research is secondary in nature. It is based on reviewing relevant literature and analyzing the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA) and the Proceeds of Crime and Anti-Money Laundering Regulations (POCAMLR). Both form the core of Kenya’s anti-money laundering regime. Findings Generally, the identified methods can facilitate identification of proceeds of crime and possible laundering activity. However, there are challenges in the provisions that could reduce effectiveness. These include intrinsic loopholes and implementation challenges, in the provisions relating to accountants, precious stone and metal dealers and the hawala system. Additionally, there is the key omission of car dealers and legal professionals from the mechanisms for detecting money laundering. Originality/value Given Kenya’s money laundering susceptibility, it is necessary and prudent to critically examine its mechanisms for detecting money laundering. The paper seeks to make a practical and scholarly contribution in filling this extant gap. This paper can trigger further discussions as well as the necessary legislative and policy changes. This would positively enhance the success of Kenya’s anti-money laundering regime in detecting money laundering activities.
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Abubakir, Kamal Muhammad, Karim Taha Tahir, and Shakhawan Khidr Rasool. "The crime by refrain and leaving, its essence pillars and applications into a legal comparative study to Islamic juispudence." Journal of University of Raparin 7, no. 2 (April 14, 2020): 183–213. http://dx.doi.org/10.26750/vol(7).no(2).paper9.
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crime usually happens in a negative way, that is to prevent an act that is bidding legally, punishable by his/her legacy, or legally binding on it, another one doing positively is the crime takes place in a positive way, that is, by committing an act prohibited by the law and criminalized by the law, especially if it results in an act or omission as a harmful result, and whether the harmful result financial or misconduct was a pure legal violation. The crime of refraining may be preceded by positive behaviors which time its completeness and magnitudes are confirmed.The elements that make the crime are available in the crime of abstinence, like other crimes. The material element is indicated from the proposition that each crime has a result and the causal relationship between the result and the conduct. Or through the law’s consideration of that behavior alone without taking care at the result, depending on the legal concept of the result, through which the result is aggression against an interest saved by the law.The moral element of the abstaining crime is got when there is a condition of discrimination and freedom of choice for the wrongdoer, so the criminal act is issued by someone with a criminal ability.The element of compulsion in the crime is achieved by abstaining when there is a legal obligation on the individual’s responsibility. His\her failure to implement what he\she orders leads to the arrangement of responsibility over the wrongdoer, on the basis of one or more of the base of compulsion, starting with the Penal Code and then the laws that supplement it and after that contract and the conduct of the perpetrator and other laws and rules Public and custom, responsibility and the idea of the advocator, and the exclusive responsibility to protect interests.In Islamic statue include more ways to rule on the crime of abstaining, by considering the abstainer as a cause of the crime, or as a participant therein, or as being incompetent to do what he must himself\herself or assign to him\her from the accomplishment appoint on him\her, and the abstainer can also be judged based on the evidence from the texts of the BOOK and The SUNNAH is straightforward, and the decision of the wrongdoer can be withdraw by measuring it with similar origins and patterns.The criminal victuals have expanded in Islamic jurisprudence and the penal code for the crime of continence, and have determined the appropriate penalties for it according to the resulting damages and aggressions affecting the individual and society.
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Gerkin, Patrick M., Lauren A. Teal, and Linda H. Reinstein. "Injustice for All: A State Crime of Omission Beneath the Steps of the United States Capitol." Critical Criminology 18, no. 2 (December 9, 2009): 111–31. http://dx.doi.org/10.1007/s10612-009-9092-x.
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Shestak, Victor, Aleksander Volevodz, and Vera Alizade. "On the Possibility of Doctrinal Perception of Artificial Intelligence as the Subject of Crime in the System of Common Law: Using the Example of the U.S. Criminal Legislation." Russian Journal of Criminology 13, no. 4 (August 23, 2019): 547–54. http://dx.doi.org/10.17150/2500-4255.2019.13(4).547-554.
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The authors examine the possibility of holding artificial intelligence (AI) criminally liable under the current U.S. criminal legislation and study the opinions of Western lawyers who believe that this possibility for a machine controlled by AI may become reality in the near future. They analyze the requirements for criminal liability as determined by American legislators: a willful unlawful act or omission of an act (actus reus), criminal intent (mens rea), i.e. the person knowingly commits a criminal act or is negligent, as well as three basic models of AI’s criminal liability. In the first model, a crime is committed through the actions of another person, i.e. the cases when the subject of crime does not have sufficient cognitive abilities to understand the criminal intent and, moreover, to be guided by it. This category of persons includes minors, persons with limited legal capacity and modern cybernetic systems, who cannot be viewed as capable of cognition that equals human cognition. The latter are considered to be innocent of a criminal act because their actions are controlled by an algorithm or a person who has indirect program control. In the second model, a crime is committed by a being who is objectively guilty of it. A segment of the program code in intellectual systems allows for some illegal act by default, for example, includes a command to unconditionally destroy all objects that the system recognizes as dangerous for the purpose that such AI is working to fulfill. According to this model, the person who gives the unlawful command should be held liable. If such a «collaborator» is not hidden, criminal liability should be imposed on the person who gives an unlawful command to the system, not on the performer, because the algorithmic system that determines the actions of the performer is itself unlawful. Thus, criminal liability in this case should be imposed on the persons who write or use the program, on the condition that they were aware of the unlawfulness of orders that guide the actions of the performer. Such crimes include acts that are criminal but cannot be prevented by the performer — the AI system. In the third model, AI is directly liable for the acts that contain both a willful action and the unlawful intent of the machine. Such liability is possible if AI is recognized as a subject of criminal law, and also if it independently works out an algorithm to commit an act leading to publically dangerous consequences, or if such consequences are the result of the system’s omission to act according to the initial algorithm, i.e. if its actions are willful and guilty.
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Hasan Majeed, Dr Rafid. "The rule: (There is no crime and no punishment except by the text) of a jurisprudential study through the Qur’an and Sunnah." Psychology and Education Journal 58, no. 1 (January 1, 2021): 3378–92. http://dx.doi.org/10.17762/pae.v58i1.1276.
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Islamic Sharia is considered a complete and comprehensive law for all the requirements of life. The Holy Qur’an is the first fundamentals of Sharia, indicating its provisions and supported by the noble Sunnah, and it is the second source of Islamic law. Its sources, and the significance of the Holy Qur’an in its entirety, dedicated to its year and limitation to the absolute. It has a legal text, and the act or omission is not considered a crime unless this act is forbidden or imposed by divine legislation. This is because the legislator has to state what he is being punished for, and this meaning is mentioned in the rule: ((There is no crime or punishment without a text ((
The main question in this paper is how did Islamic law deal with this rule?
And the sub-questions: What is the meaning of the rule and its vocabulary? What are its evidence and its most important applications?
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Reid, Jennifer. "Indian Residential Schools." Studies in Religion/Sciences Religieuses 44, no. 4 (October 8, 2015): 441–56. http://dx.doi.org/10.1177/0008429815605774.
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In 2008 Canada’s Prime Minister apologized to survivors of Canada’s Indian Residential Schools, which had operated for almost a century, and were intended to assimilate Aboriginal children into the dominant society. Some survivors appreciated the gesture. Others were critical, especially of the Prime Minister’s description of the schools as a “mistake” rather than a crime, which they convincingly argue they were, with respect to the crime of genocide. I will suggest in this essay that this was not the only omission—that the school system also profoundly violated religious freedom. By exploring dominant Canadian narratives concerning religious freedom, I will highlight the way in which: (i) the system was intended to be a religious assault; (ii) the system contravened dominant understandings of freedom of religion; and (iii) dominant understandings of religion have marginalized Aboriginal religion, such that the profoundly religious character of the residential school assault has yet to be fully confronted.
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Ahn, Jeongbin. "Applicability of Obligation Theory in the Crime of abandonment - Focusing on the Distinction between the Crime of Abandonment causing death and the Murder by Omission -." Wonkwang University Legal Research Institute 35, no. 3 (September 30, 2019): 71–95. http://dx.doi.org/10.22397/wlri.2019.35.3.71.
Full text
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Delibašić, Veljko, and Tijana Kostić. "Certain contentious issues related to the suspended sentence." Crimen 11, no. 3 (2020): 235–54. http://dx.doi.org/10.5937/crimen2003314d.
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This paper addresses the issue of suspended sentence since it is a criminal sanction frequently applied in Serbia and statutory provisions regulating suspended sentence are also subject to frequent modification which altogether emphasizes the need of its continuous study. Within the general purpose of criminal sanctions, the purpose of a suspended sentence is to avoid imposing the sentence on an offender for a minor offence in cases when it can be reasonably expected that a warning with a threatened sentence shall suffice to prevent the offender from perpetrating other crimes. Suspended sentence can be granted only when the offender has been sentenced to less than two years imprisonment, however, on condition (which was tightened in 2019) that the crime does not fall within the category of criminal offences for which an eight-year prison sentence (before it was 10 years) or longer can be delivered. Subjective reasons due to which suspended sentence cannot be granted have been also extended, so therefore, suspended sentence can be granted only if more than five years have elapsed from the time the judgment became final by which the offender was sentenced either to imprisonment or was pronounced a suspended sentence for a crime with premeditated intent. In view of the fact that a fine is still a form of punishment and, accordingly, a stricter criminal sanction than suspended sentence which is a non-custodial measure meaning a more lenient sanction, it would be quite acceptable if the legislator, as a limiting factor, also envisaged a fine for a crime with premediated intent. As regards a five year term calculated from the finality of judgment, a better solution would be that the period be calculated from the day of the sentence being served, prescribed or the day a pardon has been granted, i.e. from the day when the adherence monitoring period to probation conditions has expired. Furthermore, recently introduced statutory solutions would result in decrease in the number of suspended sentences in criminal sanctions structure. When it comes to suspended sentence supervision order, as it is rarely applied, it is necessary that minimum effort be invested in providing material conditions and human resources for carrying out this sanction which was found to be effective in many countries. A serious omission of legislators is that the Criminal Procedure Code, when defining the institution of hearing for pronouncing a criminal sanction, leaves an option to the public prosecutor to propose passing of a suspended sentence with determining fine, which is contrary to the Criminal Code. This omission should be corrected by giving priority to the Criminal Code i.e. by excluding the option for the public prosecutor to propose such a sanction.
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Sáánchez, Jesúús-Maríía Silva. "Criminal Omissions: Some Relevant Distinctions." New Criminal Law Review 11, no. 3 (2008): 452–69. http://dx.doi.org/10.1525/nclr.2008.11.3.452.
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The prevailing theory in continental European and Latin American legal literature distinguishes two kinds of punishable omissions: the simple (or "authentic," "genuine") omission and the "inauthentic" or "pseudo" omission (also known as commission by omission, comisióón por omisióón). In this article a tripartite classification of crimes of omission is proposed. On the one hand, there are crimes of omission that are identical to cases of active commission (for which we should reserve the term of commission by omission). These are based on the idea of responsibility for one's own organization. On the other hand, there are simple crimes of omission in which we punish a breach of a duty of minimum solidarity toward our fellow citizens. Somewhere between these two categories lies a third type of aggravated crimes of omission that are based on liability for a breach of a duty of qualified solidarity (derived from specific institutions or relationships between people). Moreover, this threefold classification is based on the idea that differences between such omissions are a matter of degree.
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Thoyibbah, Imadah. "MAKNA KEJAHATAN STRUKTURAL KORUPSI DALAM PERSPEKTIF TEORI STRUKTURASI ANTHONY GIDDENS." Jurnal Filsafat 25, no. 1 (August 14, 2016): 134. http://dx.doi.org/10.22146/jf.12617.
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Corruption is the reality of crime that can not be separated from the structure and human agency. The perspective of structuration theory emphasizes the duality relation between agents and structures. The structure includes the rules and resources and the social systems are mobilized in space-time by the social agents. Corruption as a structural crime involving micro structures and macro structures. First, corruption is a crime that occurs due to banality (omission/habituation) whose motive is greed, dishonesty, arrogance, pettiness, shallowness of thought and the subjective satisfaction. Motifs are encased in a system of production and reproduction of social activity that is dialectic. Secondly, corruption is sustained by the conditions of a globalized modernity as a result of events like the separation of time and spice, the development of disembedding mechanism of localized context, and the reflexive appropriation of knowledge. Agents are those that have a value of intervention (effect) against a corrupt act. Various efforts to justify acts of corruption is a form of rationalization of actions by human agents as creative and reflexive beings. Their motive is to avoid moral responsibility and social law. Social change can be done by 'deroutinization' of structure or distancing by reflexive monitoring of structure while constraining and enabling the seeds of corruption that involves the structure of signification, domination, and legitimation in the constitutions of society.
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Zejneli, Rina, and Besa Arifi. "Criminal Responsibility (Insanity Defense)." SEEU Review 17, no. 2 (December 1, 2022): 120–38. http://dx.doi.org/10.2478/seeur-2022-0092.
Full textAbstract:
Abstract Criminal responsibility refers to a person’s ability to understand his action, behavior at the time a crime is committed, what a person is thinking when he commits a crime or the expected result when a crime is committed. Crime is defined in terms of an act or omission (actus reus) and a mental state (mens rea). In this paper, is presented the general concept of irresponsibility and essentially reduced responsibility as a reason to be exempted from the punishment provided by the Criminal Code. Any perpetrator of a criminal offense who is capable of undertaking any action can be an active subject of a criminal offense, with the fact that regarding their sanctioning by the criminal system is concerned there are some restrictions related to age as well as dividing the perpetrators into responsible and non-responsible ones. For a person to be convicted of a crime, there must be evidence that proves his guilt, and that proves whether the perpetrator was in a regular state of mind or committed the criminal offense due to his irresponsibility. Another important element of this scientific paper is the historical aspects of how irresponsibility has been treated from the customary law to the present day, a huge focus gets also the treatment of the biological-psychological concept on one hand and the treatment of the legal concept on the other hand for this category of people. A criminal defendant who turns out to have been incapacitated at the time he committed a crime may be acquitted because of his incapacity, or he may be sentenced leniently because he was unable to understand the importance of his actions. Legally, the defendant must prove and convince the court that he was not able to understand his actions, or he is not able to distinguish right from wrong, or he must prove that he committed the act in uncontrolled impulses.
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Omonov, Zafarjon. "Signs Of The Subjective Side Torture Of The Individual." American Journal of Political Science Law and Criminology 03, no. 03 (March 30, 2021): 60–65. http://dx.doi.org/10.37547/tajpslc/volume03issue03-10.
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The article discusses the required and necessary elements of a crime, subjective symptoms mentioned in criminal legal norms, independent elements of torture, to be separate study, highlights the subjective aspect of torture, the behavior of persons, including illegal, its external (physical) and internal (mental) side, the processes in the psyche of the perpetrator, the act or omission, committed socially dangerous acts intentionally or negligently, the circumstances of guilt as mental attitudes, analyzes the circumstances of mental attitude as consisting of 1) smart time 2) the date of the will, 3) emotional, the differentiation of the two forms of guilt – deliberate and careless, differentiation of types of retaliation in volitional element, optional (proper retribution) or conscious conceded (twisted retribution), the motives and goals of torture, personal animosity.
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Sarwar, Kamran, and Dr. Muhammad Alam. "The Offence of Abetment under the Islamic Criminal law." Journal of Islamic Civilization and Culture 3, no. 01 (July 17, 2020): 11–18. http://dx.doi.org/10.46896/jicc.v3i01.103.
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A person may be said to commit a crime, although, he does not directly be a part of it. To encourage, order, assist another person for the commission of a crime is considered an offence as the act or omission of principal offender is considered. To encourage, order, assist another person for the commission of a crime in legal terminology is called Abetment. Abetment in criminal law specifies distinguish between an abettor and the principal offender. Under the Pakistan Penal Code, in many cases an abettor is not awarded the same punishment as awarded to the principal offender. There are few cases in which the abettor is awarded the same Punishment as awarded to the principal offender. Under Islamic Criminal law majority of Jurists are on the opinion that Hudood punishments will be awarded only in cases where Hudood offences are committed by Participant by Action (Arabic: الاشتراك بالمباشر) in case where these are committed by Participant by abetment (Arabic: الاشتراك بالتسبب), Hudood punishments shall not be awarded to them rather Tazir Punishment may be awarded to them. Thus, Participation in crime is either directly or indirectly. Participation by action (الاشتراك بالمباشر) and Participation by abetment (الاشتراك بالتسبب). Ingredients of Participation by abetment are Consensus (الاتفاق), Instigation:(التحريض and An Assistance (الاعانة). Causes for the commission of abetment are Causeof Shariat(السبب الشرعي), Causeof usages forabetment (السبب العرفي) and Cause of common sense forabetment (السبب الحسي). Further division of Participation by action and participation by abetment: It is further divided into two forms:Tawafuqتوافق)) and Tamalo (تمالؤ). In this reaserach article The Offence of Abetment under the Islamic Criminal law is discussed in detail.
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Finnegan, Ciara. "The Uyghur Minority in China: A Case Study of Cultural Genocide, Minority Rights and the Insufficiency of the International Legal Framework in Preventing State-Imposed Extinction." Laws 9, no. 1 (January 11, 2020): 1. http://dx.doi.org/10.3390/laws9010001.
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Raphael Lemkin, the man who founded the term ‘genocide,’ did so with a view to protecting not only physical beings from systematically imposed extinction, but also protecting their cultures from the same fate. However, in the wake of the atrocities and bloodshed of WWII, cultural genocide was omitted from the 1948 Genocide Convention, and as a result, does not constitute an international crime. This omission has left a lacuna in international law which threatens minority groups. Not a threat of loss of life but rather loss of the culture that distinguishes them and identifies them as a minority. Powerful States with indifferent attitudes towards their international obligations face no significantly harsher punishment for cultural genocide than they do for other human rights transgressions. Consequently, cultural genocide continues as minority cultures are rendered extinct at the hands of States. The Case Study of this article investigates the present-day example of the Uyghur minority in China and analyzes whether this modern cultural genocide can pave the way for the recognition of cultural genocide as an international crime or whether the Uyghur culture will become a cautionary tale for minorities in the future.
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Vorobey, Petro, Valerii Matviichuk, Andrii Niebytov, Inna Khar, and Oleksandr Kolb. "Attempt on the life of a defense attorney or representative of a person in connection with legal assistance." Cuestiones Políticas 40, no. 74 (October 25, 2022): 804–14. http://dx.doi.org/10.46398/cuestpol.4074.44.
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Using a combination of scientific methods such as comparative and logical-semantic, the article analyzes one of the objective signs of the composition of a criminal offense, which refers to the attempt on the life of a defense lawyer or representative of a person in connection with activities related to the provision of legal assistance. The point of view of scientists on the view of this problem, which relates not only to the noted crime, but also, to the problems of justice in general, is subject to criticism. Bringing a person to criminal responsibility should always be related to the establishment of a socially dangerous act, specific to the actions of a particular person. Under such conditions, it will allow to comply with the letter of the law and ensure the protection and provision of their constitutional rights and freedoms to every citizen. Everything allows to conclude that, the attempted murder of the indicated persons or their close relatives in connection with the activities related to the provision of legal aid can also be committed, both by action and omission. This crime (in the specified form) refers to the intangible component.
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Chorniy, R. "Problem issues of objectives and motives in composition of crimes against the basis of national security of Ukraine." Herald of criminal justice, no. 4 (2019): 89–103. http://dx.doi.org/10.17721/2413-5372.2019.4/89-103.
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Important criminal value, first of all, for the proper qualification of the crimes provided by Art. 109 - 114-1 of the Criminal Code of Ukraine, the justice of the punished person is punished by the purpose and motive of the crime, which are independent psychological features of the subjective party, which, in turn, is not limited to the subject's attitude to the socially dangerous act or omission committed by him and its consequences. The purpose of the article is to identify the main problems that arise in determining the purpose and motives of crimes against the basics of national security and to formulate proposals to improve the provisions of the Criminal Code of Ukraine. The investigations of the indicated features of the subjective side of the warehouses of criminals provided for in Art. 109 - 114-1 of the Criminal Code of Ukraine demonstrated that the science of criminal law presents different approaches of the authors to understanding the purpose and motives of the basic and qualified compositions of crimes against the bases of national security of Ukraine. Articles of Section I of the Special Part of the Criminal Code are designed in such a way as to presuppose on the one hand a dual interpretation of some subjective features of the crime, on the other - the obligatory features of the subjective party specified in them are superfluous or those which are fixed in violation of the normative design rules technology. Yes, the following issues remain unresolved today: From the point of view of the legislative proposal, the position regarding the necessity to anticipate as a constructive feature of public calls and dissemination of materials with calls for action, provided for in Part 2 of Art. 109 and Part 1 of Art. 110 of the Criminal Code of Ukraine, a special purpose, since the proposed approach will create difficulties in proving by the investigators and the court the guilt of the person in committing the relevant crime. Predicting the purpose of the crime as a mandatory feature in the note to Art. 110-2 of the Criminal Code of Ukraine does not fully correspond to the main purpose of the said constructive part of the criminal law norms and rules of the normative design technique, and also leads to narrowing the scope of the said article, difficulties in proving in criminal proceedings. the provisions of Part 1 of Art. 111 of the Criminal Code of Ukraine give grounds for claiming that there is a so-called "double" purpose in it, which creates certain difficulties for qualification and prosecution of the perpetrator precisely for treason. Damage not only to the sovereignty, territorial integrity and inviolability, defense capacity, state, economic or information security of Ukraine, but also to other types of state security may be desirable for the subject. Features of the technical and legal design of the disposition of Art. 112 of the Criminal Code of Ukraine is the basis of different approaches of the authors to understanding the obligatory features of the subjective side of the crime committed by it. Only motive, purpose and motive, purpose or motive that does not facilitate their correct interpretation by law enforcement officials and court practice are considered such.
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Kareniauskaitė, Monika. "The Criminal Justice System in Soviet Russia and the USSR (1917–1953): Emergence, Development and Transfer to the Lithuanian SSR." Lithuanian Historical Studies 20, no. 1 (February 20, 2016): 151–82. http://dx.doi.org/10.30965/25386565-02001007.
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The aim of the article is to analyse the Soviet definition of crime, the structure and logic of Soviet criminal law, and the system of criminal prosecution developed by the Bolsheviks after the October Revolution of 1917, consolidated during the NEP and collectivisation, and reformed by Stalin and Andrey Vyshinsky in the mid-1930s. The research also examines the impact that these concepts, ideas, institutions, legal norms and practices had on newly occupied Soviet colonies, focusing on the case of the LSSR. First of all, the research demonstrates that the main laws, institutions and actors in the Soviet criminal justice system which functioned until the mid-1950s without radical changes were invented and defined just after the Revolution, Civil War and NEP. Impacted by Marxist philosophy, by the traditional Russian peasant mentality and pre-revolutionary Bolshevik experiences, the early Bolshevik criminal justice system already had features which became crucial to the implementation of Stalinist mass repressions. For instance, the criminal code of the RSFSR defined a crime as any act or omission dangerous to the Soviet order and state, but not as an act or omission prohibited by law – this was possible due to the ‘principle of analogy’. The criminal code of 1926, based on Bolshevik legal norms from the period of the Revolution and the Russian Civil War, was not replaced during the legal reform of the mid-1930s. The very same system was transferred to the Lithuanian SSR after the occupation. Despite some institutional differences, the main features did not vary from that of the RSFSR, and the two were linked in the common system, the Russian one having hierarchical superiority. ‘Union’ laws prevailed over republican ones. But in the LSSR, the process of colonisation in the field of the criminal justice system was difficult, due to the strong armed anti-Soviet resistance, and the lack of well-educated and loyal Soviet legal personnel.
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Ramadan, Muhammad. "THE EFFECT OF SOCIAL COMMUNITY CONTROLS ON INCREASING SEXUAL VIOLENCE AGAINST WOMEN." IJCLS (Indonesian Journal of Criminal Law Studies) 3, no. 2 (November 30, 2018): 157–65. http://dx.doi.org/10.15294/ijcls.v3i2.17292.
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Women are creatures of God Almighty who must be protected, even though gender equality has been done with men. Therefore women must be protected from all forms of intimidation, harassment, exploitation, violence both physically and psychologically. Because the nature of women in the eyes of the social and religious eyes have differences with men, as the nature of women is the weakest god creature. Even in law, women have different protections compared to men. This writing is in the form of descriptive narrative which means describing using available legal materials which are then processed based on the theories obtained and using normative methods based on library studies, namely by collecting various kinds of literature consisting of books, journals, and documents others relating to violence and sexual harassment and social control of these crimes. Sexual crime experienced by women in Indonesia is caused by the weak social control in the community that makes the bond of social ties not well established, causing women to be lower in the eyes of the perpetrators who commit violence against women. report the actions that occur, thus there will be omission of these conditions so as to make the perpetrators freely commit sexual violence against women. Therefore the role of community social control is very necessary to protect women.
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Wasilah, Wasilah, Suhendro Y. Irianto, and Dona Yuliawati. "Watermarking Using LSB Shifting to Document Protection." INTERNATIONAL JOURNAL OF COMPUTERS & TECHNOLOGY 15, no. 12 (October 21, 2016): 7322–28. http://dx.doi.org/10.24297/ijct.v15i12.3968.
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The original signature or document. The application demonstrates that it can be used to protect a document or signature from fraud by an authorize person. Criminal can be considered as Harmful act or omission against the public which the State wishes to prevent and which, upon con eviction, is punishable by fine, imprisonment, and/or death. No conduct constitutes a crime unless it is declared criminal in the laws of the country. Some crimes (such as theft or criminal damage) may also be civil wrongs (torts) for which the victim(s) may claim damages in compensation. Criminals may be happened in every sector and in daily life. Criminal acts may be in the form of copy right fraud and signature forgery. In this work we try to solve or prevent those criminals. By using watermarking technique, the work proposed to introduce new technique to protect document originality quickly and accurately. Watermarking was carried out by inserting an image or text into signature image in order to protect. The work shows that file size produced by integrating the two same files but on different file stored and also produce different file size. Moreover Testing shows that steganography of image file with JPEG format and file image hidden with JPEG format which produced other small size of file from file steganography storage such as BMP and PNG formats.
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Al-Azad, MAS, Z. Raman, M. Ahmad, MA Wahab, M. Ali, and MI Khalil. "Socio-Demographic Characterstics Of Alleged Sexual Assault (Rape) Cases In Dhaka City." Journal of Armed Forces Medical College, Bangladesh 7, no. 2 (April 16, 2012): 21–24. http://dx.doi.org/10.3329/jafmc.v7i2.10391.
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Introduction: Offence means any act of omission made punishable by law for the time being in force. Sexual assault is defined as sexual intercourse performed in a way which is against the provision of the law of the land. Of all the crimes sex related crimes are the most barbarous and humiliating. Rape is the most serious sexual offence, still carrying the death penalty in some parts of the world. Rape is said when 'unlawful sexual intercourse by a man with a woman, by force, fear or fraud'. Young girls and children remain the most vulnerable group to this crime. The alarming rise in the rate of sexual assault worldwide represents a major public health problem. Objectives: To determine socio-demographic characteristics of alleged sexual assault cases in Dhaka city and to create public awareness of furious crime. Methods: The study was conducted on 230 female sexually assaulted victims who reported Dhaka Medical College (DMC) for medical examination during the period between January 2006 and December 2006. Details pertaining to age, sex, religion, literacy, socioeconomic status, site of incidence, time interval between incidence and medical examination, number of assailants, relationship with assailants, findings of physical or genital examination and results of evidence collected during examination were noted. Results: It was revealed from the findings that among 230 female sexually assaulted victims 69.57% were in 11-20 years age group and 11.30% in 21-30 years of age group. Over three-fourths (76.08%) of the victims were Muslims, 78.69% were unmarried, 32.18% were less educated and 77.89 % were with poor socioeconomic background. The majority of the victims (43.91%) knew the assailants and in 30.43% cases they were close friends. Most of the incidents (36.95%) occurred in victim's house followed by Boys' hostel (31.30%). A total 89 victims (38.69%) were examined on the day of the incident. Ninety one (39.57%) victims were found with genital injuries and 83 victims (36.09%) had extra genital injuries and rupture of hymen was found in 78 (33.91%) victims at 6 o'clock position. Conclusion: The study findings may be helpful for baseline information and would be beneficial to the policymakers and programme planners to make awareness among the people. DOI: http://dx.doi.org/10.3329/jafmc.v7i2.10391 JAFMC 2011; 7(2): 21-24
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Ndunge, Muoki. "Cognition and Volition Impairment in Criminal Conduct: A Look into the Application of the M’Naghten Test in Kenya." Strathmore Law Review 4, no. 1 (June 1, 2019): 89–101. http://dx.doi.org/10.52907/slr.v4i1.111.
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The M’Naghten test of insanity is applied in many common law countries including Kenya. It provides that to be legally insane, one must prove that the act or omission came from a disease of the mind that restricted someone from knowing what they are doing, and whether what they are doing is right or wrong in law. These requirements focus on the cognitive aspect of committing a crime. However, there exist cases where the accused commits an action based on an irresistible impulse that makes them unable to refrain from doing a certain action. This amounts to volitional impairment. Cognition and volition are important aspects to consider when evaluating legal insanity as a defence. This study seeks to explain the need for cognition and volition to be considered in the defence of insanity by describing the requirements of the M’Naghten rules with the objective to show its ignorance of the volitional aspect. Additionally, the study will delve into the need for both cognition and volition by expounding on what they entail and showing their application through the Model Penal Code test. Therein, the study will propose the use of the Model Penal Code test as a substitute for the M’Naghten rules applied in Kenya since it recognises the presence of both cognition and volition when committing a crime.
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Antholz, Birger. "Cover Letter Reduces Response Rate." Bulletin of Sociological Methodology/Bulletin de Méthodologie Sociologique 137-138, no. 1 (January 2018): 140–56. http://dx.doi.org/10.1177/0759106318761611.
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The effect of whether to add or omit a cover letter at written surveys is examined by split-ballot experiments in surveys about victims of a crime in Thuringia (N = 10,184 distributed questionnaires, Austria (N = 804), Switzerland (N = 804) and Germany (N = 1180 + 9787). The survey form is the direct distribution of the questionnaires into the household boxes. The result is that a cover letter reduces the return rate by one tenth. In Austria and Switzerland is the reducing effect of the answering rate even greater. A cover letter discourages younger people from answering. This selection effect causes content distortions and for example, less deviant behavior is indicated. Adding a cover letter reduces the rate of victims by more than 3 percentage points. The omission of a cover letter is more effective in the presented survey form. It saves costs, increases the response rate and does not cause bias effects.
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Aivazova, Olga, Galina Vardanyan, and Irina Smirnova. "On Criminal Procedure and Criminalistic Measures of Counteracting Crimes Against Legal Entities." Russian Journal of Criminology 15, no. 1 (March 9, 2021): 98–105. http://dx.doi.org/10.17150/2500-4255.2021.15(1).98-105.
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The article discusses some aspects of proving in cases of crimes against legal entities. The criminalistic description of the victim represented by a legal entity determines specific details of applying criminalistic and criminal procedure measures aimed at the identification, investigation, detection and prevention of such crimes. Under the current Criminal Procedure Code of the Russian Federation, one of the elements of ordering criminal proceedings is the protection of rights and legal interests of organizations that became victims of crimes. Part 1 of Art. 42 of the Criminal Procedure Code of the Russian Federation details this guideline for the first time by giving legal entities, viewed as independent subjects of criminal procedure legal relations, the right to be recognized as victims of criminal actions if the crime inflicted damage on their property or business reputation. Nevertheless, the imperfections in the regulation of legal entities’ participation in criminal proceeding, and the insufficient attention to the specifics of realizing their rights and legal interests in comparison with the physical persons of a similar procedural status give rise to numerous problems. The complex of such problems has a negative impact on the effectiveness of investigating this category of crimes and, as a consequence, on the ability of criminal proceedings to produce the intended result. The literal interpretation of Part 1, Art. 42 of the Criminal Procedure Code of the Russian Federation points out that the consequences of such crimes must include the infliction of two types of damage simultaneously — «to property and to business reputation», which can hardly be considered a good definition from the standpoint of juridical technique. Quite naturally, the investigation and court practice shows that law enforcers, while collecting proof on the character and size of damage inflicted on legal entities as a result of a crime, usually limit themselves to proving material damage, and even this damage is not proven in full (the common omission being losses of expected income). As for the damage inflicted on business reputation of a legal entity, its establishment during criminal proceedings is still problematic and, in practice, there is usually a gap in proving it. The authors point out that incomplete character of evidentiary information regarding the infliction of damage on the business reputation of legal entities is inadmissible and present their recommendations for resolving this problem, including the use of specialist knowledge and the improvements in the tactics of specific investigatory actions aimed at obtaining criminalistically relevant information on the case.
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Gaby, Sarah, David Cunningham, Hedwig Lee, Geoff Ward, and Ashley N. Jackson. "Exculpating Injustice: Coroner Constructions of White Innocence in the Postbellum South." Socius: Sociological Research for a Dynamic World 7 (January 2021): 237802312098364. http://dx.doi.org/10.1177/2378023120983647.
Full textAbstract:
Research notes the broad complicity of white public officials in historical racial violence and repression. These discussions emphasize the role of criminal justice actors in perpetrating and enabling this repression. Extending this assessment, the authors examine coroners’ facilitation of white racial dominance through administrative performances constructing white innocence. Using cases from post-Emancipation South Carolina, the authors document race-related patterns of exculpatory effort, through the omission and curation of evidence amid the post-Reconstruction rise of white supremacist redemption. The authors theorize that these exculpatory efforts helped sustain an ideology of white innocence and institutional legitimacy by constructing a white “law-abiding” public. The authors argue that such coroner misconduct not only degrades the rule of law but has broader implications, including its corruption of the corpus of mortality and crime data. Finally, the authors suggest that these administrative performances persist in present-day coroner reporting, including in the exculpation of racist police violence.
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Berco, Cristian. "Silencing the Unmentionable: Non-Reproductive Sex and the Creation of a Civilized Argentina, 1860-1900." Americas 58, no. 3 (January 2002): 419–41. http://dx.doi.org/10.1353/tam.2002.0002.
Full textAbstract:
In 1886 the Argentine Congress adopted a new penal code for the country which replaced the existing, and often contradictory, maze of colonial laws and local bandos—ad hoc decrees—that had hitherto regulated criminal procedure. Although it is worth examining the provisions of the Código Penal as a fruitful indication of nineteenth-century legal development that witnessed an increasing centralization of power by the Argentine state, scholars have completely ignored one momentous omission in the code. As it quickly becomes apparent after perusing its pages, the new penal code had no provision regulating consensual sodomy, a practice that until then had been severely punished and was considered second in gravity only to heresy and treason. Indeed, the utter silence concerning consensual sodomy in the code effectively decriminalized it. Sodomy shifted from a crime punishable by death to a lawful activity between consenting adults in private. This sudden legal change raises a variety of questions that bear on the process of Argentine state formation and illuminate the connection between sexuality and nation building.