Journal articles on the topic 'Criminal'
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Чан Тхи Ту Ань and Chan Tkhi Tu An. "CRIMINAL LIABILITY AS PROVIDED FOR UNDER THE LAWS OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF VIETNAM: AGE LIMITATIONS." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16142.
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Criminal responsibility is one of the types of legal responsibility. State agencies apply it to persons for the commission of a crime. Imposing of criminal penalties on a juvenile who has committed a socially — dangerous act is a challenging problem in criminal legislations in all countries. Age is one of a criminal’s mandatory basic characteristics that influences the differentiation of criminal responsibility for persons, who committed crime. The issue of determining the minimum and general age threshold for juveniles’ criminal responsibility is recognized to be a challenging problem. The article analyzes the importance of the age of criminals and the age of juveniles who commit crimes, for differentiation of their criminal responsibility, regulated by the Criminal Codes of the Russian Federation and the Socialist Republic of Vietnam. The author analyzes the problem of age determining when a person becomes criminally liable. The author provides recommendations on making alterations and amendments, related to determination of age limits for criminals, into the criminal legislations of Russia and Vietnam. The purpose of this article is the analysis of the age for criminal responsibility and the age of juveniles, the problem of lowering the minimum age of a criminal, and also the issue of dividing juveniles into several age groups. On the basis of the analysis, the author proposes improvements to the provision about the age of criminal responsibility in general, and the age of juveniles in particular.
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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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Nikam, Prof R. A. "Automatic Face Recognition and Detection for Criminal Identification Using Machine Learning." International Journal for Research in Applied Science and Engineering Technology 11, no. 5 (May 31, 2023): 5599–603. http://dx.doi.org/10.22214/ijraset.2023.52959.
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Abstract: With the use of machine learning technologies, discovering connections and patterns among various types of data has gotten much easier. Finding out what kind of crime might happen given the location where it has previously occurred is the main goal of this research. We have created a model utilizing the machine learning concept using a training set of data that has been cleaned up and transformed. In contemporary civilization, criminal activity is growing dramatically. Effectively identifying criminals to stop crime is the police's principal challenge, but there aren't enough policemen to go around. There are numerous technical approaches to apprehend criminals, yet many of them are ineffective. In this project, a face detection and recognition system for criminal identification is created using a machine learning algorithm. This system will be able to instantly differentiate the 3D faces of criminals and recognize their faces. This system's one-shot learning method only requires a single image of the criminal to identify him. The objective is to identify the criminal from a distance, extract the criminal's information from the database, and notify the police personnel of the location where the criminal was being observed by a camera.
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Cartwright, Anna, and Edward Cartwright. "Ransomware and Reputation." Games 10, no. 2 (June 10, 2019): 26. http://dx.doi.org/10.3390/g10020026.
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Ransomware is a particular form of cyber-attack in which a victim loses access to either his electronic device or files unless he pays a ransom to criminals. A criminal’s ability to make money from ransomware critically depends on victims believing that the criminal will honour ransom payments. In this paper we explore the extent to which a criminal can build trust through reputation. We demonstrate that there are situations in which it is optimal for the criminal to always return the files and situations in which it is not. We argue that the ability to build reputation will depend on how victims distinguish between different ransomware strands. If ransomware is to survive as a long term revenue source for criminals then they need to find ways of building a good reputation.
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Chiniev, Dilshod, and Umidaxon Sobitova. "CRIMINOLOGICAL CHARACTERISTICS OF THE IDENTITY OF THE INVADER IN THE CRIME OF HOSTAGE." Criminology and Criminal Justice 3, no. 1 (April 29, 2023): 4–15. http://dx.doi.org/10.51788/tsul.ccj.3.1./gxja5889.
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This article examines the concept and content of the criminological characteristics of the criminal invader. The characteristic features of the criminal invader in the crime as hostage-taking, and forming a criminogenic and criminal personality, are considered. The structure of the criminal’s personality has been studied, which includes three groups: socio-demographic, socio-role (functional) and socio-psychological. The article also examines the types of persons who committed hostage-taking and puts forward the following types: politicized, criminal and unbalanced. The transitions from the criminal type of criminals to the politicized type and, conversely, from the politicized to the criminal type are explained by example. In addition, the experience of the FBI conducted by the staff of this bureau related to the division of criminals taking hostages into four specific categories is analyzed. Thus, the specialists of this bureau note that more than 50% of all cases of hostage-taking are committed by mentally ill people. This means that a large and solid part is made up of the mentally ill. For a comprehensive approach, along with determining the motives for hostage-taking and studying the psychological characteristics of criminals in preparation for the negotiation process, the types of situations associated with hostage-taking are considered in detail. A table is presented in the form of an appendix, which includes examples of responses of law enforcement officers to the questions of the hostage-taking questionnaire.
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Izydorczyk, Jacek. "Prawda w procesie karnym." Acta Universitatis Lodziensis. Folia Iuridica, no. 73 (January 1, 2014): 111–16. http://dx.doi.org/10.18778/0208-6069.73.07.
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The article Truth in criminal trial points out great importance of facts in every criminal procedure. The author presents a new look at some legal regulations in Poland. For example he strongly criticizes laws (and practice!) which forbid disclosure of a criminal’s personal data. It is just unfair towards decent citizens because they might be future victims of such criminals. By the way: veritatem sequi est tueri iustitiam.
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Gottschalk, Petter. "White-Collar Criminals in Modern Management." Modern Management Science & Engineering 1, no. 1 (January 31, 2013): p1. http://dx.doi.org/10.22158/mmse.v1i1.5.
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Criminal behavior among executives is a complicated challenge in human resource management.Based on a sample of 305 convicted white-collar criminals in Norway, four groups of criminals arediscussed in this paper: criminal entrepreneurs, corporate criminals, criminal followers, and femalecriminals. There are significant differences between these groups. Crime amount in terms of Norwegiankroner is highest for corporate criminals and lowest for female criminals. It is interesting to note thaneven if crime amount for corporate criminals is higher than for criminal entrepreneurs, corporatecriminals receive a shorter jail sentence than criminal entrepreneurs. It seems that crime on behalf ofthe business is treated more mildly in court, when compared to crime on behalf of the person himself.When followers are involved in the crime, there are more persons participating in the crime. The lowestnumber of participants is found in cases of criminal entrepreneurship.
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Waghchoure, Prof V. N., Vedant B. Thakur, Prathamesh D. Raul, and Rishik P. Khandelwal. "FACE IDENTIFICATION SYSTEM FOR IDENTIFYING THE CRIMINALS." INTERANTIONAL JOURNAL OF SCIENTIFIC RESEARCH IN ENGINEERING AND MANAGEMENT 08, no. 03 (March 1, 2024): 1–13. http://dx.doi.org/10.55041/ijsrem28948.
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We all know that our Face is a unique and crucial part of the human body structure that identifies a person. Therefore, we can use it to trace the identity of a criminal person. With the advancement in technology, we are placed CCTV at many public places to capture the criminal’s crime. Using the previously captured faces and criminal’s images that are available in the police station, the criminal face recognition system of can be implemented. In this paper, we propose an automatic criminal identification system for Police Department to enhance and upgrade the criminal distinguishing into a more effective and efficient approach. Using technology, this idea will add plus point in the current system while bringing criminals spotting to a whole new level by automating tasks. Technology working behind it will be face recognition, from the footage captured by the CCTV cameras; our system will detect the face and recognize the criminal who is coming to that public place. The captured images of the person coming to that public place get compared with the criminal data we have in our database. If any person’s face from public place matches, the system will display their image on the system screen and will give the message with their name that the criminal is found and present in this public place. This system matching more than 80% of the captured images with database images. keywords: Face Detection, Face Recognition, Open-CV, Image Processing
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Варыгин, Александр Николаевич. "CRIMINAL PERSONALITY NOWADAYS: CHANGE, STUDY AND UNDERSTANDING." Вестник Казанского юридического института МВД России, no. 2(52) (June 29, 2023): 51–56. http://dx.doi.org/10.37973/kui.2023.48.85.007.
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Введение: в статье рассматривается личность современного преступника, анализируются отдельные социально-демографические и уголовно-правовые характеристики преступников и их изменения за последние 20 лет. Выявляются пробелы в изучении личности преступника в криминологических исследованиях, определяются их причины. Материалы и методы: всеобщий диалектический метод познания явился методологической основой статьи. Также автором применены общенаучные и частнонаучные методы познания: статистический, историко-правовой метод, системно-структурный анализ, аналогия, обобщение, сравнение, дифференциация, наблюдение, аналитическое обследование и иные методы исследования. Результаты исследования: рассмотрены наиболее типичные свойства и качества личности преступника социально-демографического и уголовно-правового характера, определены причины их изменения за 20 лет. Отмечается, что, несмотря на постоянное обращение криминологов к проблеме личности преступника, многие аспекты проблемы до сих пор не изучены: личности неосторожного преступника, преступника с расстройствами личности, преступника-мигранта и некоторых иных категорий лиц, нарушающих уголовный закон. Обсуждение и заключение: автор определяет, что причины неполного изучения личности преступника связаны с отсутствием научного исследовательского интереса к отдельным категориям преступников, необходимостью использования достижений многих других наук о человеке, неполном использовании психологических методов изучения преступника. Отмечается, что в связи с изменением экономических, социально-политических, демографических и иных отношений в обществе меняются характеристики личности преступника, что требует нового подхода к ее изучению. Introduction: the author examines a criminal personality nowadays, analyzes individual social and demographical and criminal and legal characteristics of criminals and their changes over the past twenty years. Gaps in the study of the criminal's personality in criminological research are identified, their causes are determined. Materials and Methods: the universal dialectical method of cognition was the methodological basis for the study. The author also applied general scientific and specific scientific methods of cognition: statistical, historical and legal methods, system and structural analysis, analogy, generalization, comparison, differentiation, observation, analytical examination and other research methods. Results: the most typical properties and qualities of the criminal's personality of a socio and demographic, and criminal and legal nature are considered, the reasons for their changes over the above period are determined. It is noted that, despite the constant appeal of criminologists to the problem of the criminal's identity, many of its problems have not yet been studied. This applies to the identity of a careless criminal, a criminal with personality disorders, a migrant criminal and some other categories of persons who violate criminal law. Discussion and Conclusions: the author determines that the reasons for incomplete study of the criminal personality are related to a lack of research interest in certain categories of criminals, to use the achievements of many other human sciences, incomplete use of psychological methods of studying the criminal. It is noted that due to changes in economic, socio-political, demographic and other relations in society, the characteristics of the criminal personality are changing, which requires a new approach to its study.
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Frade Araújo, James, and Isângelo Senna da Costa. "A FASE DA COGITAÇÃO DO ITER CRIMINIS SOB A ÓTICA DA TEORIA DO COMPORTAMENTO PLANEJADO: entendendo a mente criminosa e seus reflexos na segurança pública." Revista Ciência & Polícia 6, no. 2 (March 16, 2021): 72–103. http://dx.doi.org/10.59633/2316-8765.2020.290.
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This research approaches the phase of the iteration of the criminals from the perspective of the Theory of the Behavior Planned aiming at the understanding of the criminal mind and its reflexes in the public safety. Such an approach is justified professionally because this study may allow greater efforts to be employed in the following areas: qualified criminal prevention; Strategies and management of public security; Criminal analysis, negotiation; Crisis management and; Police doctrine. As far as academic relevance is concerned, it is intended to open a new frontier within criminal prevention, since other studies in this field were not unveiled, involving this subject with the knowledge of social psychology, law and environmental criminology. The object of this research is to answer the question about the applications of the Theory of Planned Behavior before the phase of the iteration of criminals and the reflexes in public security. This purpose will be reached through bibliographical sources, going through a review of the literature, doctrine, legislation and documents. This research constitutes an original scientific work and a qualitative research, with exploratory objectives and technical procedures of bibliographical research, through the deductive method. The study showed that the Theory of Planned Behavior can contribute to a better understanding of the criminal mind and the stages that make up the Iter Criminis cogitation phase. And so, this research will favor the prioritization of qualified crime prevention.
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Dahl, Hilde. "‘Insane criminals’ and the ‘criminally insane’: criminal asylums in Norway, 1895–1940." History of Psychiatry 28, no. 2 (February 9, 2017): 209–24. http://dx.doi.org/10.1177/0957154x17691004.
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This article looks into the establishment and development of two criminal asylums in Norway. Influenced by international psychiatry and a European reorientation of penal law, the country chose to institutionalize insane criminals and criminally insane in separate asylums. Norway’s first criminal asylum was opened in 1895, and a second in 1923, both in Trondheim. Both asylums quickly filled up with patients who often stayed for many years, and some for their entire lives. The official aim of these asylums was to confine and treat dangerous and disruptive lunatics. Goffman postulates that total institutions typically fall short of their official aims. This study examines records of the patients who were admitted to the two Trondheim asylums, in order to see if the official aims were achieved.
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Новікова, Катерина. "Акцентуації характеру злочинців з насильницькою спрямованістю." Теоретичні і прикладні проблеми психології, no. 1(57)Т2 (2022): 60–67. http://dx.doi.org/10.33216/2219-2654-2022-57-1-2-60-67.
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Стаття присвячена розгляду акцентуацій характеру злочинців з насильницькою спрямованістю, засуджених за повторні насильниці злочини. Висвітлено результати дослідження характерологічних особливостей даної категорії злочинців. Запропоновано портрет рецидивіста, характерологічними ознаками якого є емотивне реагування, яке він намагається компенсувати застряганням на захисній педантичній впорядкованості, побоюючись небезпечних наслідків неконтрольованих актів через власну збудливу гіпертимну екзальтованість, яка, внаслідок демонстративності на тлі дистимічних, а інколи й дисфоричних перепадів настрою, може призводити до необдуманих вчинків. При цьому його демонстративна екзальтованість є набутою характеристикою, інтеріоризованою в ході соціалізації у відповідних традиціях кримінальної субкультури. Однак саме вони часто й стають пусковим механізмом неконтрольованої поведінки, яка призводить до вчинення правопорушень. Застрягання також характеризує не лише злопам’ятність, але й стійку фіксацію асоціальних установок педантичного дотримання норм кримінального світу. Загальна ж нестійкість емоційних реакцій породжується накопиченням негативних переживань (проблемних сфер життя, нереалізованих соціальних бажань, мрій та прагнень, виключно викривленій можливості задовольняти базові потреби, негативний досвід відбування покарань, конфлікти з соціумом тощо), що проявляється у генералізованій виснажливій дисфоричній дистимії. Будучи закріпленим на рівні установочних реакцій, такі характерологічні особливості мало того що видко фіксуються, але й стають стійкими якостями, що обумовлюють стереотипність відтворюваної з разу у раз асоціальної поведінки. Ключові слова: акцентуації характеру, злочинці з насильницькою спрямованістю, особистість злочинця, повторні насильницькі злочини.
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Barinov, S. V. "TYPICAL MECHANISMS OF CRIMINAL VIOLATIONS OF PRIVACY." Bulletin of Udmurt University. Series Economics and Law 29, no. 5 (September 25, 2019): 638–43. http://dx.doi.org/10.35634/2412-9593-2019-29-5-638-643.
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Typical mechanisms of criminal violations of privacy are considered on the basis of the following elements: the necessary conditions that create the possibility of using the selected mechanism of crime by criminals; actions aimed at preparing for the commission of a crime; actions aimed at the direct commission of a crime and actions aimed at concealing the fact or traces of the crime. It is concluded that the description of typical models of crime mechanisms is a source of criminally significant information on the basis of which it is possible to build a version of the circumstances of the committed criminal violations of privacy and the persons involved in their commission.
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Djubina, Jelena. "THE GENESIS OF THE CRIMINAL'S PERSONALITY IN THE DIGITAL AGE." ENVIRONMENT. TECHNOLOGIES. RESOURCES. Proceedings of the International Scientific and Practical Conference 4 (June 22, 2024): 79–82. http://dx.doi.org/10.17770/etr2024vol4.8189.
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The aim of this research is to analyze and understand the issues of a criminal's personality in the digital age to promote more effective crime prevention. It aims to analyze contemporary problems and challenges related to the identification of criminal individuals in the context of digital technologies. This research can contribute to criminology, sociology, and psychology by elucidating how the use of such technology can impact the fight against criminally inclined individuals through digital identification means. The tasks of the research involve analyzing the influence of the digital era on the genesis of a criminal's personality in the mechanism of criminal acts. The novelty of the research is linked to the concentration of the crime prevention system on exploring the mechanism of forming a criminal's personality in the digital age. The research approach will enable a deeper understanding of how the digital era influences the potential formation of personality. The research will employ methods such as theoretical methods based on the analysis of scientific research and publications, exploration of criminal identification processes in the field of digital technology, and the use of content analysis to assess the effectiveness of applied identification technologies. The author assumes that digital technologies provide powerful tools for identifying criminals but are associated with several legal issues. A balance between the use of digital technology, the effectiveness of appropriate methods, and respect for human rights and freedoms is crucial. Recommendations will be provided in the conclusion, focusing on improving legal regulations for identification technologies, considering the identified problems. An analysis of the effectiveness of existing methods and technologies will also be conducted, addressing ethical and legal issues. A special training program and implementation procedure for law enforcement agencies on the ethical and legal aspects of using digital identification methods will be proposed.
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Makarenko, N. K. "Criminological portrait of a professional criminal." Bulletin of Kharkiv National University of Internal Affairs 102, no. 3 (Part 1) (September 29, 2023): 121–29. http://dx.doi.org/10.32631/v.2023.3.11.
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The article reveals the peculiarities of criminological characteristics of professional criminals. It is indicated that professional criminals have deliberately chosen criminal activity as a tool to meet their material needs. The main motive of a professional criminal is profit, which is based on improving the material standard of living and obtaining a constant income from criminal activity. It is established that professional criminals are a group of the most dangerous and active criminals who deliberately oppose themselves to society and have a significant deformation of the value and normative sphere.
The personality of a professional criminal is characterised by systematic anti-social behaviour and the commission of homogeneous crimes in the form of a trade. They are characterised by a constant readiness to commit crimes, a deep deformation of the sphere of interests and needs, negativism, and an extreme degree of individualism.
The personality of a professional criminal has the following characteristics: a stable type of criminal "profession" (specialisation); certain knowledge and skills (qualifications); a permanent income - crime as a source of livelihood; connection with the antisocial environment; the habitual nature of this activity (unconscious passion); a high level of invulnerability of criminals to criminal prosecution.
Most professional criminals have inflated self-esteem, developed ambition, hostility towards others, and a desire to maintain authority in their environment at any cost. Professional criminals are characterised by a deformed moral and legal consciousness. Most of them are characterised by distorted value orientations, selfishness, intellectual and volitional passivity, significant dependence on external situations, inability and unwillingness to subordinate their behaviour to socially useful goals, lack of personal long-term plans, weakness, and unbalancedness. They are also characterised by greed, self-interest, cruelty, anger, envy, lack of self-criticism, constant self-justification, and fatalism.
The study of the personality of a professional criminal is a prerequisite for further activities on individual prevention of various types of crimes with signs of criminal professionalism and is associated with the development of an urgent problem of predicting individual criminal behaviour.
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P.Raja Rajeswari, Dr, P. Surya Teja, P. Sri Harsha, and T. Chaitanya Kumar. "Enhancing the Performance of Crime Prediction Technique Using Data Mining." International Journal of Engineering & Technology 7, no. 2.32 (May 31, 2018): 424. http://dx.doi.org/10.14419/ijet.v7i2.32.15731.
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Time is a important factor for criminal sentencing. Most of the times, criminal released on the bail which may harmful to the society, even after they have furnished the judgment. This sort of threats cut down through the prediction analysis. The analysis can be done on the concerned person to analyse that she/ he is about to do the crime. So that, its benefit not only for law enforcement but also for country safety. Data Mining, a method which handles a massive datasets. Data mining also used to guess desired patterns. Police Officers are the best persons for crime prediction and also predict the criminal’s upcoming activities. We are here implementing the use of Frequent Mining Pattern in addition to Association Rule Mining. The main aim of this paper is analysing several crimes by various criminals and to predict chance of crimes by same criminal. It will be helpful for Country Law Enforcement and safeguarding from criminals who were released on Bail. Aim can be achieved with the help of Apriori Algorithm.
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Marsh, Ian, and Gaynor Melville. "The media, criminals and ‘criminal communities’." Criminal Justice Matters 79, no. 1 (March 2010): 8–9. http://dx.doi.org/10.1080/09627250903569874.
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Kiran Amjad, Prof Dr. Aftab Ahmad Malik, and Dr. Sumet Mehta. "A Technique and Architectural Design for Criminal Detection based on Lombroso Theory Using Deep Learning." Lahore Garrison University Research Journal of Computer Science and Information Technology 4, no. 3 (September 25, 2020): 47–63. http://dx.doi.org/10.54692/lgurjcsit.2020.040398.
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Crimes and criminal activities are increasing day by day and there are no proper criteria to search, detect, identify, and predict these criminals. Despite various surveillance cameras in different areas still, crimes are at a peak. The police investigation department cannot efficiently detect the criminals in time. However, in many countries for the sake of public and private security, the initiation of security technologies has been employed for criminal identification or recognition with the help of footprint identification, fingerprint identification, facial recognition, or based on other suspicious activity detections through surveillance cameras. However, there are limited automated systems that can identify the criminals precisely and get the accurate or precise similarity between the recorded footage images with the criminals that already are available in the police criminal records. To make the police investigation department more effective, this research work presents the design of an automated criminal detection system for the prediction of criminals. The proposed system can predict criminals or possibilities of being criminal based on Lombrosso's Theory of Criminology about born criminals or the persons who look like criminals. A deep learning-based facial recognition approach was used that can detect or predict any person whether he is criminal, or not and that can also give the possibility of being criminal. For training, the ResNet50 model was used, which is based on CNN and SVM Classifiers for feature extracting from the dataset. Two different labeled based datasets were used, having different criminals and noncriminals images in the database. The proposed system could efficiently help the investigating officers in narrowing down the suspects' pool.
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,, Zarsanga, Intikhab Alam, Shahid Iqbal, and Alamgeer Khan. "Psychological Reasons for Committing Crimes: A Case Study of Central Jail Peshawar." Peshawar Journal of Psychology and Behavioral Sciences (PJPBS) 4, no. 1 (July 15, 2018): 121–37. http://dx.doi.org/10.32879/picp.2018.4.1.121.
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The present study was conducted in District Central Jail, Peshawar, Khyber Pakhtunkhwa, Pakistan to assess the factors shaping the criminal attitude of adults. The study proceeded with the objectives to assess the relationship between psychological factors with criminal attitude among criminals. A sample size of N=196 was randomly drawn from the universe. Sampling covered all the adult criminal of the age group of 18-64 years from the total population of N=360 convicted criminals. Frequency distribution and bi-vitiate analysis between dependent variable i.e. criminal attitude and independent variables namely psychological aspects were ascertain through cross tabulation while indexing the dependent variable. At bi-variate level, parents sentence several time was found significant, relatives’ involvement in criminal activities, large family was responsible for crimes, parents using intoxicants, joint family generating criminal attitude. Moreover, feeling of low social status, unhappy family life, commitment to family cause, broken family, low moral values, internalization of criminal values and vicious tendencies of crimes were found significant with criminal attitude.. The study concluded that poor family with large size had high interaction with criminals were some of the attributing factors for committing crimes.
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Lup, Camelia Alexandra. "CRIMINAL PUNISHMENT OF JUVENILE OFFENDERS." AGORA INTERNATIONAL JOURNAL OF JURIDICAL SCIENCES 17, no. 2 (December 31, 2023): 204–9. http://dx.doi.org/10.15837/aijjs.v17i2.6486.
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Both prevention and combating the domain of juvenile delinquency are considered special problems, because among the conditions of criminal responsibility is also the age of the perpetrator. Taking into account that minors can make more mistakes, but also the fact that they can be re-educated more easily, the legislator established a special program for sanctioning minor criminals. The punishments applied to minors who are criminally responsible were completely abandoned, they being replaced by a regime made up exclusively of educational measures, the process of their elaboration being generally inspired by Spanish, French and German law. There was a need for a special regulation of the criminal liability of minors because they do not have a complete psychophysical development, they do not have enough social experience, they have a personality that is extremely easy to influence, these being sometimes also due to the deficiencies recorded on the educational level.
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Hong, Myeonggi, and Hyun-Seok Jang. "Journey to Crime: How much does a sex offender travel to commit a crime?" Korea CPTED Association 14, no. 1 (April 30, 2023): 51–100. http://dx.doi.org/10.26470/jcssed.2023.14.1.51.
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Based on the discussion of environmental criminology, this study aims to identify the distance criminals journey to commit crimes. Verifying how much a criminal moves to commit a crime has the advantage of predicting the distance and helping the police investigation. According to the results of the study, sex crimes showed the highest density within 2km of the criminal's residence, and after that, they gradually decreased. As a result of OLS regression analysis, it was confirmed that the distance of movement of a crime varies not only according to the characteristics of the criminal but also according to modus operandi such as the relationship between the criminal and the victim, whether the body is inserted, and whether coercive means are used. In addition, as a result of the potential class analysis of criminal methods, there was a difference in the distance of movement of sex crimes according to the potential (group) type of sex crimes. Finally, by synthesizing the results, the development direction of geographic profiling required for evidence-based policing and limitations were discussed due to the problem of analysis data.
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Зарубина, К. А. "THE BEGINNING AND DYNAMICS OF CRIMINAL JARGON IN THE PROFESSIONAL CRIMINAL ENVIRONMENT OF PRE-REVOLUTIONARY RUSSIA." Surgut State University Journal 12, no. 1 (2024): 85–91. http://dx.doi.org/10.35266/2949-3455-2024-1-8.
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The subject of the study is the formation and dynamics of criminal jargon as an integral element of the criminal subculture of the professional criminal community of pre-revolutionary Russia. The study aims to analyze the peculiarities of the formation and dynamics of criminal jargon as a special social dialect of the domestic criminal environment of the pre-revolutionary period. The objectives of the study are to determine the time of the origin of criminal jargon in the criminal environment of pre-revolutionary Russia, identify the main functions of the thieves cant used by domestic criminals in the period under review, and analyze the development of criminal jargon as an integral element of the criminal subculture in various chronological periods. The methodological base of the study is represented by a set of general and private scientific methods, including chronological, comparative legal, formal logical, and some other research methods. It was determined that at different stages of the development of the criminal world, according to the changes in criminal jargon, different trends in the development of the criminal environment can be identified. In the 17th century, the underclass actively produced and employed criminal jargon in pre-revolutionary Russia. The secret language served such purposes as identification, communication, and conspiracy. The formation of a special thieves cant in the criminal environment of pre-revolutionary Russia is associated with the qualitative transformation of the Russian criminal world and the isolation of a community of professional criminals from the criminal environment. In the late 19th and early 20th centuries, thieves became an integral part of the criminal subculture, preserving and multiplying professional criminal traditions and customs.
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Alibekiroğlu, Sertan, Tetiana Droshchenko, and Natalia Serdiuk. "Particularities of Forensic Study of Criminal Personality." Theory and Practice of Forensic Science and Criminalistics 33, no. 4 (December 31, 2023): 159–77. http://dx.doi.org/10.32353/khrife.4.2023.10.
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The peculiarities of forensic examination of the criminal personality have been examined through the application of various forensic methods and tactics within the field of forensic science. The authors aimed to explore the forensic structure of the criminal personality in the light of psychological methods during the detection and solving of crimes. To achieve the set goal, general scientific (including observation and comparison, analysis and synthesis, induction and deduction, theoretical generalization, etc.) and specialized methods (such as grouping and systemic-structural approaches) of scientific research have been employed. The research paper provides information on psychological methods that an investigator should employ, as well as the professional qualities that the investigator should have in order to directly study the criminal personality. The issue of determining the criminal personality within the field of criminology has been investigated by examining, during interrogation and other investigative measures, their individual qualities and characteristics reflected in the traces of crimes (in particular, disclosure of personal characteristics of the criminal with the help of psychological techniques and formation of evidence in investigative and operational practice). The ethical aspect of the impact on the accused individual (suspect) during pre-trial investigation and crime prevention is elucidated in this research paper. The boundaries and principles of admissibility of psychological influence on the criminal’s consciousness are expounded, with morality outlined as a tactical approach to such influence. The classification and typology of criminals into groups and categories are highlighted. Information regarding the understanding of the criminal personality in criminology, achieved through the study of their individual qualities and traits, is presented and reflected in the traces of crimes. It is proved that properly analyzed biographical data about the suspect provides the investigator with the opportunity to effectively influence the criminal’s value system.
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Александр Павлович, Опальский,, and Лебедева, Анна Андреевна. "Forensic relevant aspects of the identity of the perpetrator in the investigation of market manipulation." Расследование преступлений: проблемы и пути их решения, no. 3(37) (October 10, 2022): 119–26. http://dx.doi.org/10.54217/2411-1627.2022.37.3.015.
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Изучение личности преступника при расследовании манипулирования рынком представляет особый интерес, поскольку при расследовании любого преступления необходимо учитывать те свойства и состояния виновного, которые проявились в способе преступления или значимы для индивидуализации наказания. Следует отметить, что лицо, совершающее уголовно наказуемые действия, квалифицируемые в соответствии с нормами ст. 185.3 УК РФ, не обладает какими-либо врождёнными криминальными свойствами или так называемыми преступными психофизиологическими качествами. Лица, скомпрометированные по ст. 185.3 УК РФ, осведомлены о рыночных механизмах получения прибыли путём действий на бирже, а также обладают представлением о том, каким образом замаскировать свои незаконные действия под операции с ценными бумагами, реализуемые посредством различных не запрещённых регулятором тактик. В статье рассматриваются типологии личности преступников. Выводы авторов подтверждены примерами из следственной и судебной практики. The study of the criminal's identity in the investigation of market manipulation is of particular interest, since in the investigation of any crime it is necessary to take into account those properties and conditions of the perpetrator that manifested themselves in the method of the crime or are significant for the individualization of punishment. It should be noted that a person who commits criminally punishable acts qualified in accordance with the norms of Article 185.3 of the Criminal Code of the Russian Federation does not have any innate criminal properties or so-called criminal psychophysiological qualities. Persons compromised under Article 185.3 of the Criminal Code of the Russian Federation are aware of market mechanisms for making a profit through actions on the exchange, and also have an idea of how to disguise their illegal actions as securities transactions implemented through various tactics not prohibited by the regulator. The article examines typologies of the personality of criminals. The authors' conclusions are supported by examples from investigative and judicial practice.
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Arek, Bambang Lasimin, and Umar Ma'ruf. "Criminal Responsibility of Criminals Defamation on Advocate Name." Jurnal Daulat Hukum 3, no. 4 (February 13, 2021): 419. http://dx.doi.org/10.30659/jdh.v3i4.13622.
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The purpose of this research is to know and understand the legal responsibility of the criminal defamation against lawyers according to Islamic criminal law, to know and understand the legal responsibility of the criminal defamation against lawyers according to Indonesian criminal law as well as to know, understand and analyze the legal accountability of the perpetrators criminal defamation against advocates at the Law Supremacy & Associate law office in Police Report Number: LP / B / 115B / XI / 2019 / Jabar according to Islamic criminal law and Indonesian criminal law. The approach method used in this research is normative juridical. The research specification used in this research is descriptive analytical. The theory used in analyzing the above problems is the rule of law theory, the theory of legal certainty and the theory of criminal responsibility in Islamic law. The conclusion of this study is that legal responsibility for the perpetrators of criminal defamation against advocates according to Islamic law is a Ta�zir sentence in the form of a limited prison sentence, where the length of the sentence is handed over to Ulil Amri who examines the case, while according to Indonesian criminal law it is a prison sentence and fines. Legal accountability for perpetrators of criminal defamation against advocates in the Police Report Number: LP / B / 115B / XI / 2019 / Jabar, according to Islamic law, is punishable by Ta�zir in the form of limited prison. Meanwhile, according to Indonesian criminal law, the actions of suspects are subject to imprisonment and a fine, in accordance with the provisions of Article 311 paragraph (1) and Article 315 of the Criminal Code.�
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Ari Sudewo, Fajar. "Formulasi Kebijakan Kriminal Dalam Menjerat Pelaku Pengguna Jasa Prostitusi Online." Diktum: Jurnal Ilmu Hukum 10, no. 2 (March 2, 2023): 248–62. http://dx.doi.org/10.24905/diktum.v10i2.117.
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The phenomenon of online prostitution has become news viaral lately as the arrest of both artists, and ordinary people, but the law has not regulated how to ensnare users of online prostitution, for that it takes a criminal policy oriented in ensnaring all individuals involved in online prostitution. The problem in writing this Journal is (a) Ideal law enforcement as a criminal policy step in ensnaring online prostitution service users in Bandar Lampung City, (b) efforts to sanction criminals to perpetrators of online prostitution service users in criminal law policy? The research uses an empirical juridically and juridically normative approach. The results of the study showed that. Ideal law enforcement in the efforts of criminal policy in ensnaring the perpetrators of online prostitution service users in Bandar Lampung City Although there are no special provisions governing the users of PSK services in the Criminal Code, law enforcement applies the article of adultery if the psk customer already has an official partner (on the basis of marriage), and then the spouse complains about the actions of his partner who uses psk services, then the person using the services of the PSK can be ensnared with the article of Adultery stipulated in Article 284 of the Criminal Code and also Article 60 of the Regulation Bandar Lampung City Area Number: 01 of 2018 concerning Public Peace and Public Order which is a criminal threat of imprisonment of a maximum of 3 (three) months or a maximum fine of Rp 50,000,000.00 (fifty million rupiah) and efforts to sanction criminal sanctions to perpetrators of online prostitution services here researchers see that the Indonesian Government's own policy does not expressly prohibit the practice of prostitution, Because the arrangement regarding the criminal act of online prostitution does not regulate the provisions regarding criminal sanctions for users of commercial sex services, so users of online prostitution services cannot be criminally accounted for, and those who use the services of commercial sex workers can freely without fear of criminal legal sanctions. Law enforcement is weak
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Herings, P. Jean-Jacques, Ana Mauleon, and Vincent Vannetelbosch. "Horizon-K Farsightedness in Criminal Networks." Games 12, no. 3 (July 5, 2021): 56. http://dx.doi.org/10.3390/g12030056.
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We study the criminal networks that will emerge in the long run when criminals are neither myopic nor completely farsighted but have some limited degree of farsightedness. We adopt the horizon-K farsighted set to answer this question. We find that in criminal networks with n criminals, the set consisting of the complete network is a horizon-K farsighted set whenever the degree of farsightedness of the criminals is larger than or equal to (n−1). Moreover, the complete network is the unique horizon-(n−1) farsighted set. Hence, the predictions obtained in case of completely farsighted criminals still hold when criminals are much less farsighted.
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ĆUJIĆ, MIODRAG. "CRIMINAL ASSOCIATION IN INTERNATIONAL CRIMINAL LAW." Kultura polisa, no. 44 (March 8, 2021): 23–35. http://dx.doi.org/10.51738/kpolisa2021.18.1r.1.02.
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The criminal association was a criminal offense of the Joint Plan and Conspiracy, or a special form of Crime against Peace, which was highlighted as such in the Nuremberg and Tokyo trials. In the recent practice of international criminal courts, this institute is used in a certain way, but its function is often subordinated to political abuses. By labeling certain political regimes as a “criminal association” by the so-called international political elites are provided with a wide margin of maneuver to justify their “humanitarian interventions” which are the consequence of a common criminal goal. From the middle of the 20th century until today, it is possible to identify violations of international law that occurred as a result of the activities of a criminal association, which continues with increased intensity. If the covert activities of real criminal associations continue, the main outcome will not be the achievement of world peace, but hegemony. In order to prevent this tendency, it is necessary to redefine the place of the Criminal Association in international criminal law, to point out the permanent cases of their actions, their subjects and the ways in which these same subjects avoid responsibility.
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Zarubina, K. A. "The Criminal Law Foundations of the Fight against Professional Crime in Soviet Russia in the 1917-1920s." Juridical science and practice 20, no. 1 (May 22, 2024): 24–31. http://dx.doi.org/10.25205/2542-0410-2024-20-1-24-31.
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The article examines the issues of the development of domestic criminal legislation in the early years of the establishment of Soviet power to combat one of the most dangerous threats to public security of the country – professional crime. In the course of a comparative legal study of the most important normative legal acts regulating criminal law relations, the main means of bringing professional criminals to criminal responsibility have been identified. It is determined that in the Soviet criminal legislation there was a «special» article for «professionals», which toughens the punishment for committing a crime not just by a criminal, but by real professional criminals. However, within the framework of the established legal system and the practice of bringing to justice for the systematic nature of criminal activity that developed back in the pre-revolutionary period, this innovation did not «catch on». The concept of «professional criminal» was removed from the law, and the repetition of criminal activity began to be determined by the legislator using other concepts familiar to domestic criminal legislation, such as recidivism, fishing, repetition, systematic, etc. However, these institutions of criminal law did not fully allow the detection of professional crime among other types of crime, as a result of which legal measures to counter this type of crime in practice demonstrated insufficient effectiveness of implementation.
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Hassan, Abida, Sadia Saeed Rao, and Balqees Amjad. "Risk Factors of Criminal Recidivism into Criminal Activities." Global Legal Studies Review VIII, no. II (June 30, 2023): 117–23. http://dx.doi.org/10.31703/glsr.2023(viii-ii).13.
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This study has focused on the risk factors of criminal recidivism. Criminal recidivism was measured in terms of relapsing into criminal behaviour or re-indulgence into criminal activities. Idealistically, prisons are places of recreation and regeneration but realistically, prisons inflict more harm to prisoners than is expected. There are factors in abundance available that negatively affect prisoners. The prominent among them are environmental factors which result in a high degree of criminal recidivism among prisoners. Since the objective of the prisoner's environment is to humiliate prisoners as much as possible, therefore, the resulting deviance among the prisoners is highly probable. Moreover, prisons are places of punishment for prisoners as a consequence of their involvement in crimes. They are subjected to a very harsh time so that they can refrain from crimes. However, this subjection results in furthering criminal recidivism as a result of the unconducive environment in the prisons.The data was collected from 100 criminals who were rearrested by police for committing crimes repeatedly.
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Walters, Glenn D. "The crimes of first-time offenders: same or different from the crimes of habitual criminals?" Journal of Criminal Psychology 10, no. 1 (December 4, 2019): 1–15. http://dx.doi.org/10.1108/jcp-09-2019-0042.
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Purpose The purpose of this paper is to illustrate how first-time offenders and habitual criminals, while displaying wide differences in offense frequency, appear to follow a similar pattern in committing crime. Design/methodology/approach A conceptual approach is adopted in this paper. Findings It is argued that criminal thinking is the common denominator in both patterns, the difference being that habitual criminals have a higher resting level of proactive and reactive criminal thinking than first-time offenders. With an earlier age of onset, the habitual criminal may be more impulsive and reactive than first-time offenders, which partially explains why most low-rate offenders are not identified until adulthood. Practical implications Because actual and perceived deterrents to crime correlate weakly, if at all, it is recommended that perceived environmental events and criminal thinking be the primary targets of prevention and intervention programs. Social implications Environmental stimuli, such as events that produce general strain, increase opportunities for crime, reinforce criminal associations, irritate the individual and interfere with the deterrent effect of perceived certainty, can both augment and interact with criminal thinking to increase the likelihood of a criminal act in both first-time offenders and habitual criminals. Originality/value The unique aspect of this paper is that it illustrates that certain features of crime and criminality are found across offending levels, whereas other features are more specific to a particular level.
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Burtch, Brian E., Alfred Blumstein, Jacqueline Cohen, Jeffrey A. Roth, and Christy A. Visher. "Criminal Careers and "Career Criminals": Vol. 1." Contemporary Sociology 17, no. 3 (May 1988): 360. http://dx.doi.org/10.2307/2069654.
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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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Sarwadi, Sarwadi, and Bambang Tri Bawono. "Restorative Justice Approach in Diversion System for Settlement of Criminal Cases for Children in Indonesia." Jurnal Daulat Hukum 3, no. 4 (January 17, 2021): 396. http://dx.doi.org/10.30659/jdh.v3i4.13145.
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This article aims to find out the general concept of restorative justice for children and to analyze the concept of restorative justice through the diversion system in Act No. 11 of 2012 concerning the Juvenile Criminal Justice System for the settlement of child criminal cases in Indonesia. In certain cases, children who are perpetrators of criminal acts are of particular concern to law enforcement officials. Therefore, various efforts to prevent and overcome children in conflict with the law need to be carried out immediately. Efforts to prevent and overcome children in conflict with the law today are through the implementation of a juvenile criminal justice system. To carry out guidance and provide protection for children, support is needed, both concerning institutions and more adequate legal instruments. One solution that can be taken in solving cases of juvenile crime is a diversion system. Diversion is not a peaceful effort but a form of punishment against children who are in conflict with the law in an informal way. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts.
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Geng, Zhimin. "An exploration of selective justice in the International Criminal Court." SHS Web of Conferences 178 (2023): 02019. http://dx.doi.org/10.1051/shsconf/202317802019.
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With the development of history, human society has experienced the development stage from disorder to law, from domestic law to international law. International law came into being and developed in the context of increasing exchanges between states. International criminal law has emerged and developed in modern times on the basis of the continuous development of international law. The International Criminal Court is also a form of international legal system that has emerged when human society has developed to a certain stage.To punish international criminal criminals more effectively through the trial of the International Criminal Court, to stop, prevent or deter the occurrence of international criminal crimes and potential international criminal criminals is an inevitable historical product of the development of human society to a certain stage, and it is a milestone progress. The International Criminal Court has played a positive role in the protection of human rights in all countries, especially in developing countries. Based on the principle of complementary jurisdiction, the jurisdiction of the International Criminal Court encompasses a set of jurisdictional principles, conditions and procedures to ensure the legality and impartiality of its exercise. These principles, conditions and procedures of jurisdiction have certain particularity. Since the establishment of the International Criminal Court, there has been a problem of selective justice, so this paper tries to discuss the meaning of selective justice in the International Criminal Court, the development of selective justice in the International Criminal Court and the influencing factors of selective justice in the International Criminal Court.
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Artamonova, Elena. "The Expression of the Will of the Accused (the Suspect) as a Criminal Procedure Category." Russian Journal of Criminology 13, no. 6 (December 26, 2019): 1025–34. http://dx.doi.org/10.17150/2500-4255.2019.13(6).1025-1034.
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In modern criminal procedure regulations, the will of a criminally prosecuted person is gaining a greater influence on the criminal procedure, sometimes directing it, and in other cases — predetermining its results. The lawmaker is giving a criminally prosecuted person more opportunities to influence criminal procedure activities, and direct criminal case proceedings. In the current legal landscape, the expression of the will of the accused (the suspect) is supported by a sound legal basis and has become a prerequisite for the implementation of many criminal procedure institutions. A criminally prosecuted person has a certain scope of permissible actions, and is free to act within this scope. The author describes historical changes in the attitude of the state towards a person accused or suspected of a crime and examines the evolution of a new criminal procedure phenomenon — the expression of the will of the accused (the suspect). The author also breaks the development of Russian criminal proceedings into periods depending on the influence that the will of the prosecuted person has on the criminal procedure activities. It is shown that the will of the accused (the suspect) has a certain impact on the criminal procedure at all stages of criminal court proceedings. The author proves that the will of the accused (the suspect) as a legal phenomenon has become a criminal procedure category. It is concluded that, from the viewpoint of current criminal procedure legislation and the practice of its enforcement, especially in view of its further improvement, there is a necessity to introduce a new criminal procedure category, which has, in fact, already emerged — the category of «the expression of the will of the accused (the suspect)».
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Clark, J. R., and William L. Davis. "A Human Capital Perspective On Criminal Careers." Journal of Applied Business Research (JABR) 11, no. 3 (September 13, 2011): 58. http://dx.doi.org/10.19030/jabr.v11i3.5860.
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he existing economics literature has traditionally viewed crime as a choice-making process, where the potential criminal chooses among alternatives based upon the costs and benefits of each. Models by Becker, Rogers, Tullock, and Hellman, have generally portrayed the criminal choice equation as static and not allowed for the dynamic changes that may occur to the criminals aptitude, and income over long time horizons. This paper develops a dynamic choice model of criminal behavior over a criminal career including the acquisition process for both legal and criminal human capital. Psychic and monetary benefit and cost factors are discussed as well as the standard arguments concerning the probabilities of apprehension and convention. The model suggests that to alter the criminals choice pattern and, therefore, his education toward legal income-producing activities, the first instance of incarceration is the most crucial and that t(1) A learning multiplier exists for the criminal in both legal and illegal learning. (2) Greater segregation of prison populations by ordinal magnitude of offence could better separate criminal students from criminal mentors and further reduce criminal education. (3) Higher order legal skills training in the penal system may shift the education decision to legal educational pursuits. (4) Redefining the legal and constitutional rights afforded felons could increase the probability of repeat apprehension and reduce the incentive to repeat offenses.
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Kuzmin, Yury A. "SITUATIONAL CRIME PREVENTION AS A KIND OF CRIMINOLOGICAL CRIME PREVENTION." Oeconomia et Jus, no. 3 (September 30, 2021): 59–66. http://dx.doi.org/10.47026/2499-9636-2021-3-59-66.
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The article raises the problem of situational crime prevention as a type of criminological crime prevention. The urgency of issues related to situational crime prevention, which is aimed at eliminating conditions directly facilitating crimes, has been substantiated. One of the most effective ways to prevent criminal acts is to eliminate provocations and reduce the possibilities for committing crimes, that is situational crime prevention. Understanding the expected and predictable algorithm of the criminal's actions to commit a crime can be successfully used to develop certain measures that eliminate the possibility of committing a crime and thereby prevent it. Situational crime prevention offers very specific methods of crime prevention that are currently being studied and theorized by progressive criminologists. Particular attention is paid to new theoretical directions in this area, such as identifying the places most susceptible to crime, calculating the algorithm for the actions of criminals and determining the places, routes, the time when criminals gather or carry out their criminal activities. Detailed knowledge of this information gives an idea of where and at what moment police officers can intervene to repress the crime, or take the necessary advance actions to prevent the crime. This method is based on focusing on the place and time of the crime. Crime is never completely random, criminal events and criminal behavior are shaped according to a specific time and place. Thus, the essence of the theory of situational crime prevention is to eliminate provocations, reduce the possibilities of committing crimes and conditions facilitating crimes. Its main purpose is situational crime prevention or security measures.
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Rohman, Syaifur. "Legal Liability Analysis for Defendants with Mental Disabilities." Ratio Legis Journal 1, no. 1 (June 12, 2022): 9. http://dx.doi.org/10.30659/rlj.1.1.9-15.
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This study aims to identify and analyze legal liability for criminals with mental disorders in the Wonosobo District Court Decision. The results showed that the perpetrators with mental disorders were proven legally and convincingly to commit the crime of sexual harassment, but because of the limited evidence and the role of psychiatrists, the judicial process became ambiguous and the judicial decision stated that the defendant's behavior did not meet the elements of responsibility, so that according to science criminal law the defendant cannot be held responsible for some. However, the attorney and the victim stated that the defendant has the ability to be held criminally responsible because Article 44 of the Criminal Code does not regulate the state of being unable to be partially responsible.
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Joko Sriwidodo and M.S. Tumanggor. "Regulation of Corporate Criminal Liability According To Law Number 1 Year 2023 On The Criminal Code." KRTHA BHAYANGKARA 18, no. 1 (April 30, 2024): 197–214. http://dx.doi.org/10.31599/krtha.v18i1.1650.
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Corporation as a subject of criminal law that can be held criminally responsible is not known in the old Criminal Code. This is because the old Criminal Code is a legacy of the Dutch colonial government whose legal system adheres to the Continental European legal system (civil law). Countries that adhere to the civil law legal system are a little behind in terms of regulating corporations as subjects of criminal law, in contrast to countries that adhere to the common law legal system, which has regulated corporate liability and this has started since the industrial revolution. In Indonesia itself, the regulation on corporation as a subject of criminal law is regulated in the Law outside the Criminal Code. Meanwhile, the new Criminal Code has regulated corporations as legal subjects that can be held criminally liable. As regulated in Article 45 to Article 50, Article 56, and Articles 118 to 124 of Law No. 1 of 2023 on the Criminal Code. Although prior to the enactment of Law No. 1 of 2023 on the Criminal Code there was already Perma No. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations and Regulation of the Attorney General of the Republic of Indonesia Number PER-28/A/JA/10/2014 concerning Guidelines for Handling Criminal Cases with Corporate Legal Subjects. Prior to the issuance of the regulation, the Attorney General's Office had first issued Circular Letter of the Attorney General of the Republic of Indonesia Number B-036/A/FT.1/06/2009 regarding Corporations as Suspects/Defendants in Corruption Crimes addressed to the Head of High Prosecutors throughout Indonesia. Thus, Corporations as a subject of criminal law can already be held criminally liable with the strength and legal certainty stipulated in the New Criminal Code.
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Tufa, Frosina. "Criminal Offenses Against Life and Body According to the Criminal Code of Kosovo." International Journal of Social Science Research and Review 5, no. 8 (August 17, 2022): 211–21. http://dx.doi.org/10.47814/ijssrr.v5i8.550.
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The research aims to make the definition of the criminal offense “murder” according to several different authors, the Criminal Code of the Republic of Kosovo, and the description of the most used methods of murder, motives that affect the commission of a crime, and victimization. Each person may commit a crime that is foreseen in the Criminal Code and for each crime are foreseen the circumstances on the basis of which the penalties prescribed by the Criminal Code of each country are determined. The most widespread form of criminality is the crime of murder, which has been and continues to be present in all societies and as such means the unlawful deprivation of a person from life. Violation of the legal norms of a state implies crime, while the offender in this case is called a criminal. Criminals are individuals who have committed a crime and a small minority in society, who differ from persons who commit accidental crimes, because in this case criminals commit crimes in a planned manner. The research aims to compare the sentences for the criminal offense of murder under the Criminal Code of Kosovo and the Criminal Code of Albania. I divided the paper into four chapters. In the first chapter, I presented the criminal offense of murder, its definition according to some perpetrators and the Criminal Code of Kosovo. The second chapter includes factors affecting the commission of the criminal offense of murder and statistical data from various sources. The third chapter includes victims of the crime of murder. In the fourth chapter, is described the mos used motives and methods for committing the crime of murder.
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Ahmed, Ghufran, Sheer Abbas, and Muhammad Ramzan Kasuri. "Criminal Procedure is Criminal Justice in Action: Transition to Islamic Criminal Procedure is a Way Forward for Pakistan." Global Regional Review VII, no. II (June 30, 2022): 334–46. http://dx.doi.org/10.31703/grr.2022(vii-ii).32.
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The Criminal law is the strongest arm of all the normative systems of society which saves the society from evils, punishes the criminals, curbs, and prevents crimes in the society, frees it of crime or makes continuous efforts to keep it at bay or at least makes offences unattractive, unpleasant, hateful, and unaccepted activity in our society. The criminal procedure is criminal justice in action. The failure of the procedural law means failure of the social goals set by society. With the help of qualitative research methodology, this article discusses the importance of criminal procedural law in the administration of the Criminal Justice System (CJS). It points out the two types of criminal procedural laws in Pakistan; constitutional and ordinary. It also analyses the current situation of the CJS of Pakistan. It also highlights the major problems in the criminal procedure of Pakistan and pointed out the need of revamping the criminal procedure. It also pointed out the need to transition from existing criminal procedural laws of Pakistan to Islamic Criminal Procedure.
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Sunarmi, Marlina, Olma Fridoki, Alvi Syahrin,. "PENERAPAN RESTORATIVE JUSTICE DALAM PENYELESAIAN PERKARA TINDAK PIDANA PENIPUAN DAN PENGGELAPAN DI POLRESTABES MEDAN (The Implementation of Restorative Justice in The Settlement of Criminal Crimes of Fraud and Embezzlement at the Polrestabes Medan)." Res Nullius Law Journal 4, no. 1 (January 14, 2022): 42–56. http://dx.doi.org/10.34010/rnlj.v4i1.4679.
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In the implementation of restorative justice or settlement of cases outside the court, there are no longer any minor criminal cases, but also include cases such as humiliation, persecution, fraud and embezzlement, negligence resulting in injuries, unpleasant acts, even theft, and gambling. The ultimate goal of this restorative concept hopes to reduce the number of prisoners in prison; removing stigma or labels and returning criminals to normal human beings; criminals can realize their mistakes, so they do not repeat their actions and reduce the workload of the police, prosecutors, detention centers, courts, and correctional institutions; saving state finances does not cause resentment because the perpetrator has been forgiven by the victim, the victim quickly gets compensation; empowering the community in overcoming crime, and reintegrating criminals into society. The problems, namely: settlement through restorative justice eliminates criminal acts, or not. This research is normative legal research. The results showed that: Settlement of criminal cases of fraud and embezzlement through restorative justice does not eliminate criminal acts. It is recommended that the criminal policy for settlement of cases should be changed not to retaliate but to restore the losses incurred for the parties in litigation.
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Góralski, Piotr. "Kwestia dopuszczalności stosowania środków zabezpieczających w stosunku do nieletnich sprawców czynów karalnych. Część II." Nowa Kodyfikacja Prawa Karnego 39 (November 22, 2016): 31–54. http://dx.doi.org/10.19195/2084-5065.39.3.
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Admissibility of precautionary measures against juvenile criminals Part IIThis article discusses the admissibility of precautionary measures against juvenile criminals. It refers to both juvenile offenders charged as adults pursuant to Art. 10 § 2 of the Criminal Code and 15–16-year-old offenders charged pursuant to the provisions of the Procedures in Legal Actions against Juveniles Act of 1982. The article presents the legal status concerning this issue in the period from 1997 to 2015 and relevant changes in the legal regulations concerning precautionary measures introduced by the amendment of the Criminal Code of 20th February 2015.A thesis formulated in the paper discussed here is that only one type of precautionary measure, which is confiscation, may be used against juveniles subject to the regulations of the Procedures in Legal Actions against Juveniles Act. In relation to juveniles charged under the Criminal Code only the precautionary measures which do not interfere with the provisions of Article 3 of the Criminal Code providing for the rule of humanitarian use of criminal penalties should be implemented. It refers mainly to these forms of isolation precautionary measures which would apply to juvenile criminals after serving imprisonment.
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Protsyk, Liubov. "THE PSYCHOLOGICAL FEATURES OF A CRIMINAL’S BEHAVIOR (Criminal Code, art. 152-156, 301, 304)." PSYCHOLOGICAL JOURNAL 6, no. 12 (December 30, 2020): 57–65. http://dx.doi.org/10.31108/1.2020.6.12.6.
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The article studies of criminals who have committed unlawful acts against children. In particular, the article examines the behavioral characteristics of criminals who have committed offences described in articles 152-156, 301, 304 the Criminal Code of Ukraine, namely: infringe on sexual freedom and sexual inviolability of a child; pornography manufacture, sale or distribution; involvement of minors into criminal activities, drunkenness, begging, gambling. The most common features of criminals who have infringed on sexual freedom and sexual inviolability of a child are: egoism, often turns into egocentrism, when an individual act only to fulfill his/her own interests, desires and inclinations. Criminals by chance and persistent (“evil”) criminals are distinguished. Crimes by chance are predominantly committed under alcoholic intoxication or drug agitation. The persistent type is characterized by persistent aggression, the tendency to resolve conflicts with physical strength, cruelty. People infringing on sexual freedom and sexual inviolability of a child are often also characterized by mental abnormalities of varying degrees. These abnormalities are also revealed in peculiarities of criminals’ value orientations: norms governing sexual relations, humanistic values are ignored by them. Criminals involved in pornography manufacture, sale or distribution of are divided into: pornography authors, manufacturers or distributors. It is almost impossible to detect such criminals; they do not show their sexual deviations in everyday life. A random thing in a frame can become a clue revealing such criminals. Pornography manufacturers have some knowledge and skills in computer technology and in printing industry, own audio and video recording equipment. As for pornography distributors, such people, as a rule, do not suffer from any sexual or mental abnormalities, do not receive obvious satisfaction from being engaged in such activities, and consider their activities only as a job, a way of money earning. As the court practice shows, minors are involved in criminal activities mainly by their family members (parents, siblings, uncles or aunts, and others). Children see criminal examples - drunkenness, fights, begging, etc. - and learn such behavior, consider them as normal or are afraid to complain, so that, join criminals. People consistently involving minors into criminal activities are characterized by developed antisocial features, deformed moral and legal consciousness. The presented criminal types and their behavior are not comprehensive; the article presents only overview.
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Grachev, Michael. "On Development of Methodology of Establishing an Individual Belonging to the Upper Criminal Hierarchy Based on a Pictographic Criminal Writing." Legal Linguistics, no. 21 (32) (October 1, 2021): 26–29. http://dx.doi.org/10.14258/leglin(2021)2105.
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The article proves the special role of the linguistic examination of tattoos in the process of proving a person's involvement in the organization and management of criminal groups. A semiotic classification of tattoos used by so-called code-bound criminals is proposed. In the course of expert practice, the author was able to establish that in the criminal world, tattoos represent a logical system of postulates and criminal ideas. Therefore, the main thing for an expert linguist should be knowledge of the subculture of the criminal world: thieves' rules of conduct, argot, proverbs and sayings of the criminal community, prison songs, nicknames, the meaning of criminal symbols. It is important to keep in mind that tattooing is a gradual process and reflects the acquired criminal experience.
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Hulsman, Louk. "The Abolitionist Case: Alternative Crime Policies." Israel Law Review 25, no. 3-4 (1991): 681–709. http://dx.doi.org/10.1017/s0021223700010694.
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We are inclined to consider “criminal events” as exceptional, events which differ to an important extent from other events which are not defined as criminal. In the conventional view, criminal conduct is considered to be the most important cause of these events. Criminals are — in this view — a special category of people, and the exceptional nature of criminal conduct, and/or the criminal, justify the special nature of the reaction against it.People who are involved in “criminal” events, however, do not in themselves appear to form a special category. Those who are officially recorded as “criminal” constitute only a small part of those involved in events that legally permit criminalisation. Among them, young men from the most disadvantaged sections of the population are heavily overrepresented.
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Sheveleva, S. V. "LEGAL FIXING OF CRIMINAL CONCUSSION IN CRIMINAL LEGISLATION." Proceedings of the Southwest State University 21, no. 1 (February 28, 2017): 171–76. http://dx.doi.org/10.21869/2223-1560-2017-21-1-171-176.
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Criminal legislation concussion has various fixing forms: as a circumstance excluding crime act, as a punishment sign, as a crime sign of separate crime components. There are two types of concussion: concussion by circumstances and concussion by actions. The last always is done by a person. And it can be called criminal concussion. Such impact on other person as violence or threat, including threat of murder or causing heavy harm to health, mockeries and tortures is in the Criminal Code of the Russian Federation; destruction, damage or withdrawal of someone else's property or these actions threat; blackmail; use of material or other victim dependence; threat of data discrediting distribution or other data which can do essential harm to victim rights or legitimate his/her (his/her relatives) interests; bribery; persuasion; promises; deception or abuse of confidence; compulsion. The distinctive characteristic of such pressure is that criminals choos behavior seeking to avoid adverse consequences. It is possible to say that criminal concussion in criminal legislation can be fixed in such forms as threats, blackmail and violence. Persuasion, deception, deception or abuse of confidence aren’t forms of criminal concussion because victims' free will isn't limited.
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NDOJA, Arjan. "CRIMINAL LAW: ITS EFFICIENCY AND INEFFICIENCY OF A REASONABLE TRIAL TIME." Interdisciplinary Journal of Research and Development 5, no. 2 (July 20, 2018): 26. http://dx.doi.org/10.56345/ijrdv5n203.
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Criminal law constitutes of set of legal principles, determining criminal acts, when is considered a person criminally responsible and criminal sanctions attributed to who committed the offense. The main task of the criminal law is the study, progression and implementation of criminal legislation in the territory of the Republic of Albania. The essential feature of the criminal law relates to the efficiency that it transmits. According criminal principles point of view and the continuous study it can be understand whether further reformation is necessary or not. The effectiveness of criminal law appears as a feature enabling the proper recognition and understanding of the institutions, notions and in general, criminal law principles in force. Respectively, in practice, the science of criminal law helps to adequately interpret and apply criminal law principles.
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Wasik, Martin. "Criminal Damage/Criminal Mischief." Anglo-American Law Review 17, no. 1 (January 1988): 37–45. http://dx.doi.org/10.1177/147377958801700103.
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