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Artykuły w czasopismach na temat "Crime and criminals (Canon law)"
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Arent, Olga. "PRZESTĘPSTWO PORWANIA LUB PRZETRZYMYWANIA DLA OKUPU W PRAWIE KANONICZNYM KOŚCIOŁA KATOLICKIEGO OBRZĄDKU ŁACIŃSKIEGO". Civitas et Lex 3, nr 3 (30.09.2014): 71–92. http://dx.doi.org/10.31648/cetl.2015.
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Subject of this article is the legal research on actions of kidnapping or hostage- keeping forransom, and in return release of the hostages. Likewise in polish criminal law and other penal lawsystems, also in catholic canon law this is a crime. The main point of the article is to illustrate the evolution of law regulations on these crimes, as well as dogmatic and legal analysis of can. 1370 and can. 1397 Code of Canon Law (CIC) from theyear 1983, which are related to it. The article also relates to notification problem and expirationof prosecution.
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ZHANG, Xuewei. "THE DISAPPEARANCE OF THE "PRIVATE" ELEMENT FROM THE CONCEPT OF THEFT: A HISTORICAL EXPLANATION". Ankara Üniversitesi Hukuk Fakültesi Dergisi 72, nr 2 (29.05.2023): 949–72. http://dx.doi.org/10.33629/auhfd.1295097.
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According to the unique public and private law division standards in Roman law, the concept of theft in Roman law has a dual nature of public and private. Ordinary theft is considered to reflect private legal relations and is a delictum, while aggravated theft reflects the legal relations dominated by the will of the state and is a public crime. The duality of this theft also affected the development of the concept of theft in the Middle Ages, both Canon law and Germanic law distinguished between ordinary theft and aggravated theft, but ordinary theft was no longer regarded as delictum. Germanic law upheld the idea of “public peace”, while Canon law legitimized the criminalization of theft based on the idea of “atonement” and finally integrated the concepts of theft in Roman law, Canon law and Germanic law through the promulgation of the Constitutio Criminalis Carolina at the end of the Middle Ages. Ultimately, Germanic jurists reinterpreted the conception of theft expounded by classical jurists and transmuted the notion of theft into one invested with the character of a public crime. This thereafter constituted the prototypical paradigm of modern German theft legislation.
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Shatalov, E. A. "Contract Chatters of Russian Grand and Appanage Princes of the 14th–15th Centuries as a Source of Knowledge for the History of Russian Criminal Law Development". Actual Problems of Russian Law 18, nr 12 (17.11.2023): 33–40. http://dx.doi.org/10.17803/1994-1471.2023.157.12.033-040.
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The paper examines the value of the contract charters of the Russian Grand and Appanage Princes of the 14th–15th centuries for the national historical and legal science. During the period of feudal fragmentation, the charters formed one of the most important sources of criminal law in medieval Russia. It was the charters that enshrined the fundamental criminal law terms and elucidated the main elements of crimes, namely: «svada», «rubezh», «vyvod», etc., which have not yet been studied and described properly. The problem of their poor academic coverage gives rise to misconceptions in modern science of the history of the Russian state and law that a criminal act, up to the development of the Judicial Code in 1497, was designated in Russian legislation only by the term «obida [offense]».The author focuses on the patterns of development of princely law-making activity under the influence of the norms of canon law, which was a characteristic feature of medieval Russia, where there was no division of public relations into «secular» and «ecclesiastical», as it is customary to assert and consider in scholarship, since princely law, also in matters of crime and punishment fully reflected the spiritual and religious values of society and should not contradict them, and the administrative activities of the princes were everywhere subordinated to church canons.
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Kiełpiński, Krzysztof Marek. "Przestępstwo wykorzystania seksualnego osób bezbronnych w Kościele katolickim. Analiza karno-kanoniczna z uwzględnieniem wybranych elementów psychologicznych". Miscellanea Historico-Iuridica 22, nr 2 (2023): 455–83. http://dx.doi.org/10.15290/mhi.2023.22.02.20.
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The legislator has placed the term ‘helpless persons’ in canon law. It was placed in the legal system of the Catholic Church only in 2019. The legislator has set out its legal definition. The term indicates persons who have been given protection from the crime of sexual abuse. The research has a dual purpose. The primary objective is to present people in the Church community to whom the term ‘helpless persons“ refers. The secondary objective is to show, on the basis of an analysis of canon law, the extent of protection of ‘helpless persons’ against the crime of sexual abuse. Appropriate research methods were used to conduct the study. These include the dogmatic-legal method, the historical method, the philological method, the comparative method and the analytical methods used in psychological and criminological sciences. The narrative created in the article showed that the category of ‘vulnerable persons’ includes a variety of people including children, adolescents, people with disabilities, the elderly, women and men addicted to alcohol or psychoactive drugs, residents of nursing homes and sanatoriums, and people who are unable to resist the aggression of the perpetrator. The current provisions of canon law comprehensively protect the above persons from the crime of sexual abuse. Therefore, the legislator, together with the bodies subordinate to it, should constantly observe the phenomenon of sexual exploitation and adapt the laws so that they continue to ensure the freedom, safety and protection of helpless people and punish perpetrators with appropriate criminal sanctions.
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Williams, Ian. "A medieval book and early-modern law: Bracton 's authority and application in the common law c. 1550–1640". Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 79, nr 1 (2011): 47–80. http://dx.doi.org/10.1163/157181911x563057.
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AbstractThis article considers the place of the thirteenth-century book known as Bracton in the earlymodern common law. e article examines both the uses made of Bracton and the evidence to be found in the surviving copies of the first printed edition. It addresses the impediments to the use of Bracton, the printing of the first edition, the text's readership and place in the early-modern common-law canon and material in Bracton which seem to have been of particular interest.Bracton was a recognised source for criminal law and there is some evidence of impact on the law of evidence, servitudes and a little for contract law. An examination of the early-modern law of treason shows that Bracton had an important role in changing the concept of treason from a crime against the monarch to something like the classical crimen laesae maiestatis.
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Mikołajczuk, Krzysztof. "Criminal Liability of People With Mental Disorders: Selected Issues". Journal for Perspectives of Economic Political and Social Integration 28, nr 1 (23.11.2022): 7–29. http://dx.doi.org/10.18290/pepsi-2022-0001.
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The issue of criminal liability in different legal systems and of the perpetrator’s sanity and mental disorders, has received much attention of researchers from different scientific disciplines. Of many important aspects relevant to this topic, the paper addresses only some, which are related to two legal orders. The first part of the article focuses on the circumstances that exclude and mitigate culpability under Polish criminal law. The author examines the problem of insanity referring to the ways in which insanity is determined and enumerating sources of insanity. Then, the legal consequences of insanity are identified. Finally, the issue of diminished mental capacity in the doctrine of Polish criminal law is analysed. The second part of the article deals with the concept of imputability in the Code of Canon Law of 1983. Quoting the provisions of canon law, the author considers the issue of natural inability to commit a crime by persons who are habitually deprived of the use of reason, and then indicates the circumstances excluding, mitigating and aggravating the perpetrator’s culpability.
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Marit, Alexandru, i Roman Eremciuc. "Historical references and general notions regarding judicial error". National Law Journal, nr 2(248) (styczeń 2023): 46–55. http://dx.doi.org/10.52388/1811-0770.2022.2(248).05.
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Error is the wrong idea we have about a thing, or more precisely the belief in the existence of a quality or a fact, relative to a legal fact, quality or fact that does not exist in reality. Error in criminal law has the comprehensive meaning of mistake and ignorance. So, the mistake or unintentional commission of a crime is always the result of ignorance, either in fact or in law. Error should not be confused with ignorance: the first is the wrong knowledge relative to a deed, while ignorance is the lack of knowledge. But in criminal law they are confused, because the error comes from ignorance. In criminal law, factual error constitutes an excuse. Likewise, in barbarian law it was considered an excuse, and in canon law and the law of the Middle Ages, the factual error constituted an excuse only when it did not come from obvious negligence.
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Strandberg Hassellind, Filip. "Groups Defined by Gender and the Genocide Convention". Genocide Studies and Prevention 14, nr 1 (maj 2020): 60–75. http://dx.doi.org/10.5038/1911-9933.14.1.1679.
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This article explores the crime of genocide in connectivity to groups defined by gender. Its aim is to investigate whether including groups defined by gender as a protected group in the Genocide Convention appears legally plausible. It begins by probing the historical origins of the concept of genocide. This exposition emanates into an analytical examination of the rationale of protecting human groups in international criminal law. Against this background, the article advocates an understanding of the crime of genocide as a rights-implementing institute. Subsequently, it employs an ejusdem generis analysis to assess whether groups defined by gender are coherent with the current canon of the protected groups, and if similar treatment thereby can be warranted. It then turns to examine other international law instruments, to expose that none of these are suitable proxies in dealing with gender-specific genocides. From this perspective, the article suggests that the content of the crime of genocide is not determinate, but rather emerges as a battlefield for hegemonic interests. Hence, it is easily discernible that the way in which the current construction of the protected groups in the Genocide Convention relates to gender groups reflects a deliberate choice. The article concludes with asserting that the choice represents a lacuna in international criminal law that in the end compromises the legitimacy of the crime of genocide, since the personal scope of the crime of genocide risks being in discord with current social and political trajectories.
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Gal, Bogdan. "Russian Police Canon (1856–1886) An Attempt to Normalize the Abnormal". Philosophy. Journal of the Higher School of Economics VI, nr 1 (31.03.2022): 117–50. http://dx.doi.org/10.17323/2587-8719-2022-1-117-150.
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The Russian police canon of the era of the Great Reforms is reconstructed in the article through its manifestations in police legislation, the theory of police law, police history and a “criminal” novel. In 1859–1862 the Provincial and County Institutions Commission under the Ministry of Internal Affairs pointed out the obsolescence of the prevailing police model and prepared a package of draft laws and departmental regulations. For financial reasons and irreparable contradiction with the beginning of other reforms, the result of the Commission's activities was not so much a transformation as a “radical improvement” of the existing police institutions and organizations. In the theory of police law, under the influence of German lawyers, the question of changing policing through public participation and the exclusion of everything “unusual” for the police (legal proceedings, welfare) was raised, but not resolved. The collection and publication of historical and statistical information initiated by the Ministry of Internal Affairs, as well as the publication of historical reviews, served the tasks of police reform and the formation of departmental identity.The curiosity of the Russian man in the street regarding police activity was partially satisfied with “criminal” (or “sensational”) novels, in which the emphasis was placed on solving not so much the crime as the psychology of the criminal, and the policemen acted as background heroes. As a result of attempts to comprehend, transform and normalize (institutionalize) the Russian police, the idea of the impossibility of defining the essence of police activity, its scientific and artistic interpretation and legal regulation was established. The police model began to be perceived as canonical, including organizational forms that were interpreted by contemporaries as outdated, and aimed at resolving tasks that were not within the competence of “normal” (sufficiently institutionalized) organizations.
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Grout, Christopher. "The Seal of the Confessional and the Criminal Law of England and Wales". Ecclesiastical Law Journal 22, nr 2 (maj 2020): 138–55. http://dx.doi.org/10.1017/s0956618x20000034.
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The seal of the confessional is often described as ‘inviolable’. The idea that what is said or done in furtherance of private confession may be subjected to scrutiny as part of litigation is often considered to be absurd. But what is the legal basis for such forthright rejection? The revised Canons of the Church of England do not address the issue at all; instead the matter falls to be covered by the unrepealed proviso to Canon 113 of the Code of 1603. In England and Wales there is no primary legislation which clearly and coherently deals with the question of the admissibility of matters said in private confession before courts and tribunals. Contrast that with the United States of America, where every single state has enacted statutory provisions which provide safeguards to admissibility, albeit to differing degrees. Recent developments in Australia have, conversely, involved the enactment of legislation making it a crime for a priest to withhold, in certain circumstances, matters said to him or her in the course of private confession. In 1990, Judge Bursell QC reviewed the existing case law on the subject (sparse though it is) and found it to be contradictory, with judgments appearing to be based upon personal opinions as opposed to legal analysis. There have been some interesting ‘post-Bursell’ developments, in terms of both legislation and case law, which are discussed in this article. In Ecclesiastical Law, Mark Hill QC suggests that ‘it is likely that a trial judge would exclude evidence of a confession made to a priest’. This article is essentially an analysis of that conclusion with a view to determining whether it is right to assume that, even if not adequately protected by legislation, things said or done in furtherance of private confession are likely to be excluded from secular criminal proceedings.
Rozprawy doktorskie na temat "Crime and criminals (Canon law)"
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Edlund, Mary. "The use of the "leave of absence" to address non-criminal sexual misconduct by priests". Theological Research Exchange Network (TREN) Access this title online, 2004. http://www.tren.com.
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Yetter, Leigh A. "Attitudes to crime, criminality and the law in print in England, c.1580-c.1700/". View online version; access limited to Brown University users, 2005. http://wwwlib.umi.com/dissertations/fullcit/3174703.
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Shunk, Cynthia. "The Treatment of Criminals with Disabilities: An Ongoing Debate". Connect to full text in OhioLINK ETD Center, 2008. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=toledo1229019841.
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Thesis (M.L.S.)--University of Toledo, 2008.Typescript. "Submitted as partial fulfillment of the Requirements for The Master of Liberal Studies." "A thesis entitled"--at head of title. Bibliography: leaves 45-47.
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Badenhorst, Casper Hendrik Jacobus. "Die inhoud van die misdaadbegrip in die Suid-Afrikaanse strafreg". Thesis, 2015. http://hdl.handle.net/10210/14167.
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Semmens, Justine. "Sex crime appeals at the Parlement of Paris, 1564-1655". Thesis, 2021. http://hdl.handle.net/1828/13301.
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This dissertation examines the intersection of the prosecution of criminal justice, sexual morality and the family at the parlement of Paris, which was the highest court of appeal in France, during the height of its power and influence in the kingdom from 1564-1655. This dissertation argues that in its adjudication of the crimes of seduction, infanticide, adultery, and bigamy the parlement of Paris interpreted the law according to a paternal theory of state by prioritizing family integrity and patriarchal honour in its decisions. In so doing, it presents a unique synthesis of statute and published legal opinion with a systematic survey of judicial decisions, based on archival findings, relating to these sex crimes in early modern France. It concludes that these judicial decisions were ensconced in the concepts of family, the king’s justice, and sovereignty, which were foundational to the interconnected theories of state and society in early modern France. The parlement tended to separate elite and modest appellants according to the socio-economic priorities of lignage and ménage, or the protection of the integrity of elite lineages and the stability of artisanal households within broader networks of family and community. Ultimately, this study exposes the expectations and values that gendered authority placed on men and women in early modern French society, reveals the ways that the most powerful judges in France interpreted the law according to these values, and unveils the narratives that women and men crafted when they confronted these expectations before these powerful judges. In so doing, this dissertation sheds new light on the relationships between gender and the law, gender relations in state and society, and the lived experience of marriage in early modern France.Graduate
2022-08-09
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Mokonyama, William Madimetja. "A critical analysis of the procedures followed to conduct identification parades : a case study in Mpumalanga, South Africa". Thesis, 2010. http://hdl.handle.net/10500/3530.
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The research attempts to establish how an identification parade
should be conducted, for evidence derived from it to be admissible in court. To conduct effective investigation, it is important for investigators to be familiar with the concept “identification parade”, its purpose, the procedures to conduct it and its values.
To achieve the goals and objectives of the practice of an identification parade, investigators must know how to conduct it, what the value of its evidence is, and how to use it as a technique to identify suspects.
The direction, by implication, and clarification of the crime situation, is hardly possible without the determination of the identity of the perpetrator or suspect of a criminal act. The recognition of the identification parade as a form of evidence gathered is of the utmost importance.Criminology
Thesis (M.Tech. (Forensic Investigation))
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Tanfa, Denis Yomi. "Advance fee fraud". Thesis, 2006. http://hdl.handle.net/10500/2304.
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The focus of this thesis is on Advance Fee Fraud (419 scams) on how it is executed and more importantly, on how it can be prevented. The research addresses the origins of AFF, the nature and extent of this crime and how the perpetrators are able to defraud their victims. The research described, examined and analysed the crimes, the perpetrators, the victims, adjudication and the prevention strategies of this fraud. Information was gathered through literature and empirical research. A qualitative research method was used to gather information from AFF offenders who were incarcerated in South African prisons in 2005. The results of the empirical research were carefully examined, analyzed and integrated into the various chapters of this thesis. A theoretical framework was also developed in an attempt to explain this complex phenomenon. The findings and recommendations in terms of the crimes, the criminals, the victims, adjudication and prevention were also made and some suggestions for further research thereof were also cited.Criminology
D. Litt. et Phil. (Criminology)
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Makiwane, Peterson Nkosimntu. "Rights and constitutionalism - a bias towards offenders?" Thesis, 2008. http://hdl.handle.net/10500/2696.
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The South African Constitution, with its Bill of Rights, represents a decisive break with the past and a great advance by South Africans in reclaiming their human dignity and fundamental freedoms. Before 1993 punishment of crime was defined by the social order which had been designed under the apartheid government; prisoners were generally subjected to cruel and degrading treatment while criminal suspects could be detained indefinitely and without trial. The penal system was to some extent directed at controlling and regulating the conduct of Blacks. The constitutional dispensation has resulted in a re-look at our penal policy and has placed great emphasis on the rights of prisoners. These rights flow from the rights to equality, dignity and liberty. The Constitution has entrenched certain rights of criminal suspects, including the right to a fair trial. Legislation has been introduced to ensure compliance with the constitutional imperatives.
The new dispensation has given rise to debate on many issues, and facilitated a rise of a victims’ movement seeking to promote victim interests. This movement has noted that offenders and alleged offenders enjoy a series of constitutional rights, and that corresponding rights for crime victims need to be introduced. Victims are unlikely to be accorded rights in the literal sense of the word; nevertheless, they need to be accommodated within the criminal justice system. This need has given birth to a charter for crime victims, a document that seeks to empower crime victims. The perception remains, however, that offenders and crime suspects still enjoy too much protection, to the detriment of victim interests. The development of victim rights is hampered by the adversarial nature of the country’s criminal justice system and the perception that victims have no role to play within the criminal process, other than as witnesses.
The purpose of the thesis is to analyse the extent to which our Bill of Rights strikes a balance between the interests of alleged offenders and offenders on the one hand, and crime victims on the other. It also seeks to create awareness about the plight of crime victims and to make suggestions on possible solutions.Criminal & Procedural Law
LLD (Criminal & Procedural Law)
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Motlalekgosi, Hendrik Puleng. "Systematic review of theoretical and evidence-based literature on offenders' treatment in South Africa : a penological perspective". Thesis, 2015. http://hdl.handle.net/10500/20678.
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The South African Department of Correctional Services has a legislative mandate of detaining offenders in safe custody whilst ensuring their human dignity amongst others. This stems from section 2 of the Correctional Services Act 111 of 1998 as amended. In addition to that, chapter 3 of this Act makes provision for conditions under which offenders should be treated, conditions of human dignity. This piece of legislation is effectively giving effect to the Bill of Rights as articulated in chapter two of the Constitution of the Republic of South Africa of 1996. It is expected of the department to treat offenders according to the provisions of not only this Constitution and Correctional Services Act 111 of 1998 as amended but also to comply with the international conventions and treaties.
Extensive empirical and non-empirical studies on the treatment of offenders have been conducted by various scholars in the field of penology but not much has been done to bring to the fore knowledge with regard to the developmental trend of the treatment of offenders. It is against this backdrop that a qualitative study through systematic review of literature was conducted to bring together and examine available literature. In other words, a systematic literature review was conducted to determine if there is a developmental trend towards the treatment of offenders in South Africa as required by the prescripts of the law. Furthermore, this study was conducted to also demonstrate the researcher’s knowledge in the field of penology.
The focus was on the central theories identified as offenders’ rights. The Department of Correctional Services identified eight offenders’ rights and sees them as its Constitutional mandate (Department of Correctional Services, 2013:8). This study has found a violation of the offenders’ right to equality to be diminishing over time. Apart from that, this study reveals a substantial violation of offenders’ rights because out of seven offenders’ rights, only one [freedom of religion] appears be successfully protected and promoted by the department. This study further present the recommendations and suggested areas of further research.Penology
D. Litt. et Phil. (Penology)
Książki na temat "Crime and criminals (Canon law)"
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Zehr, Howard. Changing lenses: A new focus for crime and justice. Scottdale, Pa: Herald Press, 1995.
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Zehr, Howard. Changing lenses: A new focus for crime and justice. Scottdale, Pa: Herald Press, 1990.
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United Nations War Crimes Commission., red. Law reports of trials of war criminals. Buffalo, N.Y: W.S. Hein & Co., 1997.
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Kennedy, Randall. Race, crime, and the law. New York: Vintage Books, 1998.
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United Nations War Crimes Commission., red. Law reports of trials of war criminals. New York: H. Fertig, 1992.
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Nicolas, Oikonomidès, i Trōianos Spyros N, red. Kateuodion: In memoriam Nikos Oikonomides. Athēna: Ekdoseis Ant. N. Sakkoula, 2008.
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Ancel, Marc. Social defence: A modern approach to criminal problems. London: Routledge & Kegan Paul, 1998.
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Castex, Mariano N. La conducta pasional en el injusto penal canónico: Graduación de culpabilidad : relación entre el derecho penal canónico y el derecho penal comparado. [Buenos Aires]: Pontificia Universidad Católica Argentina Santa María de los Buenos Aires, Facultad de Derecho Canónico Santo Toribio de Mogrovejo, 1999.
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Lea, John. What is to be done about law and order?: Crisis in the nineties. London: Pluto, 1993.
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Kokoti︠u︡kha, Andriĭ. Kriminalʹnai︠a︡ Ukraina. Kharʹkov: Folio, 2005.
Znajdź pełny tekst źródłaCzęści książek na temat "Crime and criminals (Canon law)"
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Helmholz, RH. "Crime and the canon law". W Christianity and Criminal Law, 47–61. Abingdon, Oxon; New York, NY: Routledge, 2020. | Series: Law and religion | “Produced by the Center for the Study of Law and Religion, Emory University”: Routledge, 2020. http://dx.doi.org/10.4324/9781003015260-5.
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Łoś, Maria. "Crimes of ‘True Criminals’ and Deviance of ‘True Deviants’: Conventional Crime and Deviance". W Communist Ideology, Law and Crime, 249–91. London: Palgrave Macmillan UK, 1988. http://dx.doi.org/10.1007/978-1-349-08855-3_11.
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Waldman, Ari Ezra. "Presumptive Criminals: U.S. Criminal Law and HIV-Related Aggravated Assaults". W Handbook of LGBT Communities, Crime, and Justice, 363–85. New York, NY: Springer New York, 2013. http://dx.doi.org/10.1007/978-1-4614-9188-0_17.
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Hill KC, Mark, i Norman Doe. "Criminal Canon Law". W Elgar Encyclopedia of Crime and Criminal Justice. Edward Elgar Publishing, 2024. http://dx.doi.org/10.4337/9781789902990.criminal.canon.law.
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Pihlajamäki, Heikki. "Christianity and Criminal Law". W The Oxford Handbook of Christianity and Law, 407–19. Oxford University Press, 2023. http://dx.doi.org/10.1093/oxfordhb/9780197606759.013.29.
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Abstract The criminal law of the ancien régime was deeply connected to Christian religion. This showed in the conceptual connection of crime and sin. In both Catholic and Protestant Europe, Christian concerns legitimized severe punishments and social controls, whose administration and enforcement often involved the clergy. In the eighteenth and nineteenth centuries, the involvement of the Christian churches in criminal law gradually decreased until largely disappearing today, save within the internal canon law of the churches. The modern state conception of punishment was based on individual guilt and proportionality. Most acts that had been considered crimes against the Christian religion were decriminalized. The role of Christianity as the legitimizing theory behind criminal sanctions was widely replaced by punishment theories drawing on philosophy or the social sciences. However, many of the basic structures of modern criminal law, such as the emphasis on individual responsibility and its different degrees which nineteenth-century criminal law scholars worked out in detail, originated in the work of medieval canonists and early modern Christian jurists. Although religion plays little if any formal role in the criminal law system of the West today, these medieval innovations still form the basis for criminal law in the West.
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Naffine, Ngaire. "The Characters of Criminal Law". W On Crime, Society, and Responsibility in the work of Nicola Lacey, 55–74. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198852681.003.0004.
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Criminal law theorists necessarily start their theorizing with some idea of their subject. The dominant figure in the canon is the criminal actor understood as a freestanding individual, removed from his group affiliations. I call him Model 1. Then there is the demographic or social model of the criminal person. Here our disciplinary characters are treated as members of a population that have certain propensities. Those who subscribe to this second model tend to be thinking of real historical and social people, located in places and contexts, as well as people with bodies and sexes. I call this Model 2. Most criminal laws operate on the basis of a Model 1 person, with an individual without social characteristics or context. But occasionally these demographic concerns are directly expressed in criminal laws. The English criminal law of rape is one such law. It still names men as the people of concern. The English law of rape therefore poses a challenge for Model 1 individualists, requiring them to make some sense of this population-specific law. So, when individualists write about the nature of rape and its law, as they often do, it is highly revealing of their thinking about their own criminal law character. Here I consider the work of legal philosopher John Gardner, who has written influentially about English rape law, to discover what an individualist does with a law which acknowledges its population of concern. What happens when the two paradigms conflict?
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Schmoeckel, Mathias, i John Witte. "Christianity and Procedural Law". W The Oxford Handbook of Christianity and Law, 377–89. Oxford University Press, 2023. http://dx.doi.org/10.1093/oxfordhb/9780197606759.013.27.
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Abstract Legal procedure helps determine what is just in a case. This is true for both civil cases that resolve disputes between private parties and criminal cases that determine whether a party is guilty of a crime. Both civil and criminal procedural laws are of ancient vintage in the Western tradition. Early Christians were subject to both Roman and biblical procedural laws, as the trials of Jesus, Saint Paul, and other New Testament figures attest. Already in the first centuries, however, the church developed its own internal procedural laws, too, for the application of its canon law. In the second millennium, these canonical procedural laws were combined with Roman law precedents to form a sophisticated “Roman-canonical” law of procedure as well as an inquisitorial form of procedure that dominated Western law until the reforms of the Enlightenment and the modern legal codification movements. While civil and criminal procedural laws are now set out in detail in modern state procedural codes, these state laws still have vestiges of earlier Christian procedural teachings. Moreover, modern Catholic, Orthodox, and Protestant church laws still maintain a good deal of traditional Roman-canonical procedure for the governance of the church and its members. This chapter sketches briefly these Christian forms of procedural law in different eras of the Western tradition and the vestiges of that influence still today.
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Helmholz, R. H. "The Law Of Sanctuary". W Cells, Tissues, and Disease, 16–81. Oxford University PressNew York, NY, 2004. http://dx.doi.org/10.1093/oso/9780195140903.003.0002.
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Abstract The medieval law of sanctuary permitted any person who had committed a serious crime to take refuge in a church, churchyard, or other designated place of asylum. It was a valuable privilege. In theory, and normally in practice as well, anyone who reached a place of asylum escaped vengeance at the hands of his enemies and punishment at the hands of his rulers. Sanctuary meant everything the term implied—a refuge where a person in real danger would be safe from harm. This source of refuge was widely available in medieval Europe. Places where sanctuary might be sought could come into existence by the grants of emperors, popes, and kings and in most places by prescription as well. They could be located virtually anywhere, although churches were al- ways regarded as the most natural sites for sanctuary, just as they have proved to be in attempts to bring the concept back to life in our own day. Churches were certainly the most numerous of the places available for asylum. Indeed, by both the canon and the Roman laws, all churches were automatically entitled to this privileged status. English lawyers commonly said that a criminal “fled to church” as a shorthand way of saying that he had taken sanctuary, and this expression was fully in line with what was done in life.
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Helmholz, R. H. "The Law of Sanctuary". W The ius commune In England, 16–81. Oxford University PressNew York, NY, 2001. http://dx.doi.org/10.1093/oso/9780195141900.003.0002.
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Abstract The medieval law of sanctuary permitted any person who had committed a serious crime to take refuge in a church, churchyard, or other designated place of asylum. It was a valuable privilege. In theory, and normally in practice as well, anyone who reached a place of asylum escaped vengeance at the hands of his enemies and punishment at the hands of his rulers. Sanctuary meant everything the term implied—a refuge where a person in real danger would be safe from harm. This source of refuge was widely available in medieval Europe. Places where sanctuary might be sought could come into existence by the grants of emperors, popes, and kings and in most places by prescription as well. They could be located virtually anywhere, although churches were al ways regarded as the most natural sites for sanctuary, just as they have proved to be in attempts to bring the concept back to life in our own day. Churches were certainly the most numerous of the places available for asylum. Indeed, by both the canon and the Roman laws, all churches were automatically entitled to this privileged status. English lawyers commonly said that a criminal “fled to church” as a shorthand way of saying that he had taken sanctuary, and this expression was fully in line with what was done in life.
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Boutellier, Hans. "Epilogue". W A Criminology of Moral Order, 151–52. Policy Press, 2019. http://dx.doi.org/10.1332/policypress/9781529203752.003.0009.
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This chapter presents some final thoughts from the author. It suggests that morality is at the heart of every interaction, and crime is a disturbance of how a society wants to understand, define, and regulate these interactions. That goes for every society in every era, including our diversified, network society without any obvious general philosophies of life. The current challenge is to formulate and reformulate our sentiments, ideas, and beliefs to keep each other on the right track. This requires norms and values, including habits, traditions, and the law. Criminal law can even be understood as a canon of morality. It shifted to the middle of the moral space, and became a centre of gravity in organizing our ‘postmodern’ social relations. However, it falls short, because it is too little too late in relation to the big moral space it has to regulate.
Streszczenia konferencji na temat "Crime and criminals (Canon law)"
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Akimzhanov, Talgat Kurmanovich. "Criminal Law as the Most Effective Tool for Influencing Crime and Criminals". W VII INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE “CRIMINAL LAW AND OPERATIVE SEARCH ACTIVITIES: PROBLEMS OF LEGISLATION, SCIENCE AND PRACTICE”. SCITEPRESS - Science and Technology Publications, 2021. http://dx.doi.org/10.5220/0010635200003152.
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Milović, Marko. "KRIVIČNA DELA PROTIV POLNE SLOBODE (MORALA) U SREDNjOVEKOVNOJ SRBIJI". W MEĐUNARODNI naučni skup Državno-crkveno pravo. University of Kragujevac, Faculty of law, 2023. http://dx.doi.org/10.46793/dcp23.269m.
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Provisions on crimes against sexual morality can be found in several Serbian legal sources, the most important of which are the Code of Saint Sava (Nomocanon) and Dušan's Code. In the Nomocanon, among other things, there were several provisions that protected sexual morality, especially when it came to incest, dishonor of a virgin, sodomy..., and these criminal acts that were considered a violation of the canon were under the jurisdiction of church authorities. The paper specifically reviews the provision on rape, i.e. kidnapping, which was provided for in Dušan's code and which was strictly punished, and for which it is characteristic that there was an important difference in terms of punishment, depending on the class affiliation of the perpetrator and the victim. That class difference in criminal law matters (if we can call it that!), but also in other areas of law, is nothing unusual and should be observed in the spirit of that time and, accordingly, the value system of that time. However, although the class social order of the time was protected, it was not an obstacle for this Code to be considered the most modern at that time. Also, a review was given to the second article of this Code, which punished the fornication (adultery) of a landlady, for which severe (corporal) punishments were also provided. We also pointed to several ruling charters (King Milutin, Stefan Dečanski, Dušanov) that were passed in the first half of the 14th century and in which rape is mentioned for the first time under the name of ``loom'' and ``girl's loom''. Unfortunately, there are no more detailed historical data on when and how the provisions from the aforementioned legal sources regarding sexual morality were applied
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Chase, Jonathan, Duc Thien Nguyen, Haiyang Sun i Hoong Chuin Lau. "Improving Law Enforcement Daily Deployment Through Machine Learning-Informed Optimization under Uncertainty". W Twenty-Eighth International Joint Conference on Artificial Intelligence {IJCAI-19}. California: International Joint Conferences on Artificial Intelligence Organization, 2019. http://dx.doi.org/10.24963/ijcai.2019/806.
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Urban law enforcement agencies are under great pressure to respond to emergency incidents effectively while operating within restricted budgets. Minutes saved on emergency response times can save lives and catch criminals, and a responsive police force can deter crime and bring peace of mind to citizens. To efficiently minimize the response times of a law enforcement agency operating in a dense urban environment with limited manpower, we consider in this paper the problem of optimizing the spatial and temporal deployment of law enforcement agents to predefined patrol regions in a real-world scenario informed by machine learning. To this end, we develop a mixed integer linear optimization formulation (MIP) to minimize the risk of failing response time targets. Given the stochasticity of the environment in terms of incident numbers, location, timing, and duration, we use Sample Average Approximation (SAA) to find a robust deployment plan. To overcome the sparsity of real data, samples are provided by an incident generator that learns the spatio-temporal distribution and demand parameters of incidents from a real world historical dataset and generates sets of training incidents accordingly. To improve runtime performance across multiple samples, we implement a heuristic based on Iterated Local Search (ILS), as the solution is intended to create deployment plans quickly on a daily basis. Experimental results demonstrate that ILS performs well against the integer model while offering substantial gains in execution time.
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Životić, Ilija, i Ivan Pekić. "THE RELATIONSHIP BETWEEN CRIMINAL GROUPS AND PUBLIC FUNCTIONS". W SECURITY HORIZONS. Faculty of Security- Skopje, 2021. http://dx.doi.org/10.20544/icp.2.4.21.p15.
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Some criminal groups take every opportunity to infiltrate legitimate businesses; other criminal groups aim to make profits through politics and close contact with senior officials leading governments, by tracking money through campaigning for elections at both the local and state level, then through misuse of state resources, by creating a criminal organization which does not stop from anything and anyone. In this scientific work we will discuss briefly on the case of the former and sole president of the State Union of Serbia and Montenegro until its dissemination in 2006, Svetozar Marovic. Marovic, even after admitting being the head of an organized crime group, and for this being sentenced to three years and ten months in prison, is still not serving his sentence today. The aim of the research in this work is to prove the hypothesis that criminal groups succeed in corrupting high holders of public office, making them criminals. The data collection and research technique will be to analyze the content of texts of legal and political documents, as well as available literature in this field, relevant internet sources and journals. Key words: Criminal groups, corruption, politics, criminal law, state power
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Saeed Ghafoor Ahmad, Kosar, i Amanj nasih qadir omer. "Prosecuting the perpetrators of the Camp Speicher crime according to Iraqi laws or the jurisdiction of the International Criminal Court". W Peacebuilding and Genocide Prevention. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicpgp/45.
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"This work includes talking about the crime of Camp Speicher, in which 1,700 students of the Iraqi army of the Sheea creed were killed by the gangs of the terrorist organization ISIS, with the aim of eliminating the members of this sect because of the misleading ideology carried by those gangs. On 6-12-2014, Iraqi soldiers at Camp Speicher (Speicher Air Base) in Tikrit were subjected to murder and enforced disappearance by terrorist organizations because of their affiliation to the Sheea creed. This crime was among a series of brutal crimes for the genocide of Sheeas in Iraq. This is similar to what happened in the Badoush prison crime in the province of Mosul, which the Iraqi Parliament considered it as a crime of genocide, in which these gangs executed about (400) members of the prison inmates of the Sheea component. After ISIS took control of the city of Tikrit in Iraq, and one day after they took control of the city of Mosul, they captured (2000-2200) soldiers and led them to the presidential palaces in Tikrit, and they shot them there and in other areas and buried some of them alive. This disaster had a negative impact on the families of the victims of the Speicher where they went out in demonstrations demanded that the leaders who handed over the victims of Speicher to ISIS must be prosecuted, and in one of the demonstrations they managed to enter Parliament and demanded that the leaders who handed over Speicher to ISIS be held accountable. After that, many demonstrations took place by the families of the victims, some of which led to the closure of a bridge in Baghdad a few times Protesting the government's delay in clarifying the fate of their children or taking quick measures. The Iraqi parliament and government recently considered the Speicher incident “genocide” in reference to the premeditated murder of Badoush Prison inmates in Nineveh Governorate and the unarmed Speicher military base, the premeditated murder of members of the Albu Nimr, Jabour, al-Lahib, and al-Ubaid tribes, and the killing and displacement of civilians from Kurds, Christians, Yazidis and Shabaks in Sahel Nineveh, Sinjar, deliberate killing and displacement of Turkmens in Tal Afar and Bashir. This decision paves the way for obtaining international recognition from it as a ""genocide"" as stipulated in the Contract of the United Nations in 1948, and Iraq signed it in the fifties of the last century. This study attempts to explain the Al-Ikhnasas Court in looking into the crimes of genocide committed by ISIS against the bereaved students of the Air Force Base (Speicher) due to what this issue raised from the national and international public opinion, especially after the involvement of the Iraqi army leaders in this massacre, according to what witnesses reported in that area and what was reported by soldiers who survived the incident, in addition to the involvement of some members of the Sunni tribes in these crimes with the terrorist organization ISIS. The importance of this study lies in the following aspects: - That ISIS elements were tried according to Anti-Terrorism Law No. 13 of 2005, and from our point of view that the aforementioned law is vague and broader than it should be, and it applies to serious and simple crimes from murder to crimes of sabotage, and the list of crimes punishable by the death penalty according to the aforementioned law is a long list and spacious. - The Iraqi government has embarked on an attempt to develop a legal framework to prosecute ISIS elements, and its mission focused on understanding the procedures and results drawn from those judicial efforts, and its mission also focused on showing the efforts taken by the Iraqi government to address violations in the field of the right to life, including those committed by affiliated forces government as well as other international and domestic actors. The International Criminal Court is specialized in considering specific crimes under Article (5) of its Statute, which are war crimes, aggression and crimes against humanity, which necessitates the adaptation of Speicher's crime within any of the mentioned types of crimes. The assumption of the International Criminal Court in relation to the Speicher crime, includes several positive matters and results at the same time a set of negatives, which must be presented to those positives and negatives in order to give preference between them and the choice of authorizing the court to consider the crime or not. The terrorist organization ISIS has committed serious systematic violations, including war crimes and others, and perhaps those that are not under its control, and that none of these crimes can be addressed within the anti-terrorism law, which cannot address human rights violations. The international community has recognized the heinous violations committed by ISIS against the citizens of Iraq by adopting Resolution (2370) in September of 2017, issued by the Security Council, which authorizes the Security Council to appoint an investigation team to support local efforts to hold ISIS elements accountable by collecting and preserving evidence in Iraq, which can rise to a high level, and it was committed by the elements of the organization. It considers that the decision constitutes a burden and an obligation on Iraq to investigate all allegations of violations committed by government forces for the purpose of holding them accountable, as well as requiring the establishment of special courts and trained judges in relation to ISIS crimes to deal with them. Terrorism is a global curse that has recently spread horizontally to all countries of the world and its effects have been concentrated vertically in some countries, and no one denies that the parties to this phenomenon are increasing (perpetrators and victims) and the United Nations in particular and the international community in general has not succeeded in reducing it despite the fact that the resolutions of the UN Security Council It is increasing, but the proportionality is absent between these decisions and the practical reality. The phenomenon of terrorism is spreading rapidly, and the perpetrators of terrorist acts are on the rise, corresponding to an increase in the victims of terrorism. Also, the circumstances and events that Iraq is going through, especially after 2003, put it at the forefront of countries which suffers from terrorism that has killed the people, using methods and forms that were not previously known and brutal and bloody cruel. ) for the year 2005, and since terrorism was not limited to Iraq, but included many countries, and was not specific to a place or time, nor was it recent in terms of composition. In addition, the aforementioned law cannot be aware of all violations of international and humanitarian law, as we mentioned previously, which requires the necessity of referring the criminals to a competent court. The Court conducts its rule under Article (13) of its Statute when referred to it by a state party to the same system or by the Security Council or when the Public Prosecutor conducts the investigation on his own, and then how does the Court take its measures regarding the aforementioned crime if we take a look Considering that the State of Iraq is not a member of the Statute of the Court. The rule of the court is free from the death penalty, which makes the idea of authorizing the court to consider the crime rejected by most Iraqis, especially the families of the victims. What are the negative aspects of the Iraqi national judiciary’s view of the Speicher crime, and how can it be avoided if the International Criminal Court plays this role? What are the guarantees provided by the court in the event that it proceeds with its procedures regarding this crime? The research on this subject is according to the appropriate method, which is the analytical and comparative method, which works on studying and comparing topics by analyzing ideas and jurisprudential rulings, and the positions of the governments of countries and the United Nations, as well as the resolutions of the Security Council and the General Assembly, and comparing arbitration between Iraqi courts. And the international courts regarding the trial of the perpetrators of the Speicher base crime, and then come up with a set of conclusions and recommendations."
Raporty organizacyjne na temat "Crime and criminals (Canon law)"
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Neild, Rachel. The Role of the Police in Violence Prevention. Inter-American Development Bank, lipiec 1999. http://dx.doi.org/10.18235/0008936.
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This document is one of a series of technical notes that describe the nature and magnitude of violence in the region, its causes and effects, and how it can be prevented and controlled. The notes provide useful information on designing programs and policies to prevent and deal with violence. This technical note discusses the roles of police in controlling and preventing violence and crime. These issues are the subject of much debate. Broadly, the debate breaks down into two opposing views that represent the two ends of a continuum of crime prevention programs: One view asserts the importance of the police role in controlling crime through effective law enforcement that removes criminals from the streets and increases the potential cost of committing crime, thus deterring potential offenders. The other viewpoint posits that police actions operate at the margins rather than at the root causes of crime and so have little impact on broad trends in crime rates, which are fundamentally driven by economic, demographic, social, and cultural factors.
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Ajzenman, Nicolás, i Laura Jaitman. Crime Concentration and Hot Spot Dynamics in Latin America. Inter-American Development Bank, czerwiec 2016. http://dx.doi.org/10.18235/0011745.
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Latin America and the Caribbean is the most violent region in the world, with an annual homicide rate of more than 20 per 100,000 population and with an increasing trend. Yet most evidence of crime concentration, geo-temporal patterns, and event dependence comes from cities in high-income countries. Understanding crime patterns in the region and how they compare to those in high-income countries is of first-order importance to formulate crime reduction policies. This paper is the first to analyze crime patterns of cities in five Latin American countries. Using micro-geographic units of analysis, the paper finds, first, that crime in Latin America is highly concentrated in a small proportion of blocks: 50 percent of crimes are concentrated in 3 to 7.5 percent of street segments, and 25 percent of crimes are concentrated in 0.5 to 2.9 percent of street segments. This validates Weisburd's "law of crime concentration at place" (Weisburd, 2105). These figures are fairly constant over time but sensitive to major police reforms. The second finding is that hot spots of crime are not always persistent. Crime is constantly prevalent in certain areas, but in other areas hot spots either appear or disappear, suggesting a possible rational adaptation from criminals to police actions that cause crime displacement in the medium run to other areas. Finally, the paper finds a significant pattern of repeated crime victimization in location and time for property crimes. There are striking similarities with the developed world in crime concentration, although crime levels are much higher and usually increasing. There are also some differences in terms of the persistence of hot spots that pose interesting policy implications and avenues for future research.