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Статті в журналах з теми "Content related offenses"
1
Kulikov, A. S., та К. V. Chirkin. "Failure to Сomply with the Legal Requirements Applied to the Deputy (a Case Study of the City of Moscow Legislation)". Actual Problems of Russian Law, № 10 (9 листопада 2019): 20–28. http://dx.doi.org/10.17803/1994-1471.2019.107.10.020-028.
Повний текст джерелаАнотація:
The study is devoted to such a specific administrative offense as failure to comply with the legal requirements of a deputy that has no parallel in Soviet administrative law. The subject of the analysis covers the norms of regional legislation. Primarily it covers the Code of Administrative Offences of the city of Moscow 2007 and related provisions of other laws of the city of Moscow. Taking into account interconnected legal norms, the author highlights the object of the administrative offense under consideration, defines the concept of “lawful demands of the deputy,” clarifies the content of other elements of the offence, namely: the objective party [sic] (objective element, actus reus), the subject (the offender), and the subjective party [sic] (state of mind, mens rea). At the same time, a number of statutory flaws are revealed and ways of their correction are proposed. In particular, the author highlights combining two administrative offenses with various direct objects in one part of the article of the Code on Administrative Offences of the City of Moscow, lack of a legal definition of the concept of “legitimate demands of the deputy,” lack of administrative responsibility imposed on sitizens for obstruction of the deputy’s work, excessive lenience of the penalty for violation of time limits given for processing the deputies’ requests in comparison with similar administrative offenses of lower public danger.
2
Nesterova, Anastasia Vladimirovna. "Legal assistance in cases of administrative offences and other types of legal assistance." Международное право и международные организации / International Law and International Organizations, no. 2 (February 2021): 68–76. http://dx.doi.org/10.7256/2454-0633.2021.2.35825.
Повний текст джерелаАнотація:
The subject of this research is the Institution of legal assistance in cases of administrative offenses. The author examines the concept, according to which the norms on international legal assistance related to various branches of law (civil procedure, arbitration procedure, criminal procedure, administrative, private international) and reflecting the basic principles of international law, constitute an independent set of norms. The Institute of rendering legal assistance in cases of administrative offences is most similar by the content to the Institution of rendering legal assistance in cases of criminal offences established in the Chapter 53 of the Criminal Procedure Code of the Russian Federation. The comprehensive analysis of these institutions along with the position of the international community on their correlation, contributes to elaboration of ways for their development. The European Court of Human Rights, in the context of correlation of the norms on criminal responsibility in different countries, claims that regardless of whether the act is a criminal offence (France), minor offence (Germany), or administrative offense (Russia), it falls under the category pf “criminal matter” (criminal sphere), from the perspective that the country is obliged to provide a person with due procedural guarantees if indicted. Considering that the international community understands “criminal matter” as both crimes and offenses, the provisions on rendering legal assistance in cases of administrative offenses can be implemented in accordance with the standards that are effective in providing legal assistance in cases of criminal offences. The latter may include the process of harmonization and unification of international and domestic law, conclusion of bilateral and multilateral agreements between the countries, etc.
3
Kaplunov, Andrey. "About the stage of initiation proceedings in a disciplinary case on the fact of committing an administrative offense by an employee of the internal affairs bodies." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 1 (April 8, 2020): 174–82. http://dx.doi.org/10.35750/2071-8284-2020-1-174-182.
Повний текст джерелаАнотація:
According to the current legislation, employees of internal Affairs bodies may be brought to administrative responsibility for committing an administrative offense on a General basis, or to disciplinary responsibility. Each type of responsibility has its own procedural form of implementation: proceedings in the case of an administrative offense, or proceedings in a disciplinary case. This raises a question of both theoretical and practical significance about, the correlation of these procedural forms when bringing employees of internal Affairs bodies to disciplinary responsibility for committing an administrative offense. In the article based on the theory of the administrative process, the list of procedural actions in proceedings on cases of administrative offences and proceedings in disciplinary cases, when you initiate disciplinary proceedings upon the Commission by the employee of internal Affairs bodies administrative offense.
Analysis of the legislation on administrative offenses and legislation on service in the internal Affairs bodies of the Russian Federation, materials of disciplinary and judicial practice, modern scientific research on issues related to bringing employees of internal Affairs bodies to disciplinary responsibility for committing administrative offenses, allowed us to reveal the content of the stage of initiation in disciplinary cases of this category, to formulate proposals for improving the legal norms governing individual procedural actions, taking into account the prospects for the adoption of the draft Procedural code of the Russian Federation on administrative offences.
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Gontarenko, V. P. "Grounds and procedural order for entering information about criminal offenses related to domestic violence into the Unified Register of Pre-trial Investigations." Bulletin of Kharkiv National University of Internal Affairs 97, no. 2 (June 30, 2022): 221–33. http://dx.doi.org/10.32631/v.2022.2.20.
Повний текст джерелаАнотація:
An analysis of scientific approaches and provisions of the criminal procedural legislation of Ukraine regarding the grounds for starting a pre-trial investigation in general, as well as taking into account the specifics of criminal offenses related to domestic violence, was carried out. It is argued that the effectiveness of criminal proceedings depends on the timely detection of the facts of the commission of illegal acts related to domestic violence and the initiation of a pre-trial investigation. It is emphasized that in order to eliminate conflicts in the legislative and by-law normative regulation of the activities of law enforcement agencies at the beginning of the pre-trial investigation, especially of criminal offenses related to domestic violence, the circle of subjects who can independently identify circumstances indicating the commission of a criminal offense should be expanded. It was found that the basis for starting a pre-trial investigation of criminal offenses related to domestic violence, in respect of which criminal proceedings are carried out in the form of a private indictment, is only the statement of the victim. Grounds for initiating criminal proceedings regarding criminal offenses related to domestic violence, which are not provided for by the articles (parts of articles) of the Criminal Code of Ukraine, listed in Clause 1, Part 1 of Art. 477 of the Criminal Procedure Code of Ukraine, there is a statement, a notification (to the call center for preventing and countering domestic violence, gender-based violence and violence against children; other entities implementing measures in the field of preventing and countering domestic violence) and independent detection by an investigator, inquirer or prosecutor from any source of circumstances that may indicate the commission of a criminal offense related to domestic violence. The procedural order for entering information about criminal offenses related to domestic violence into the Unified Register of Pre-trial Investigations and their content, taking into account the criminal procedural regulation of the beginning of a pretrial investigation, organizational aspects of responding to statements and reports about criminal offenses and entering relevant information into the URPI, as well as features of the mechanism of committing illegal acts related to domestic violence are characterized.
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Savichev, Aleksei. "Improvement of legislation on administrative offenses for breach of legislation of the Russian Federation on tourism activity." Административное и муниципальное право, no. 5 (May 2021): 1–8. http://dx.doi.org/10.7256/2454-0595.2021.5.36083.
Повний текст джерелаАнотація:
The object of this research is the content of the Article 14.51 of the Code of the Russian Federation on Administrative Offences, which establishes administrative responsibility for breach of legislation of the Russian Federation on tourism activity. The subject of this research is the case law on administrative offenses set by the Article 14.51, normative legal acts, as well as scientific articles in periodicals. The activity of the Federal Agency for Tourism on identification of administrative offenses set by the Article 14.51 of the Code of the Russian Federation on Administrative Offences is exposed to critical assessment. The author indicates the declarative nature of the legal norms that stipulate the responsibility of tour operators and travel agents, as the terms of sale contracts for tourism product, to provide the tourist and (or) other customer with accurate information on the risks that the tourist may face during their trip, since there is currently no administrative responsibility for failure to provide such information. Based on the acquired results, the recommendations are formulated for the improvement of legislation on administrative offenses for breach of legislation on tourism activity: delegation of authority to initiate cases of administrative offenses set by the Article 14.51 (Paragraphs 1, 3, and 4) of the Code on Administrative Offences of the Russian Federation to the Federal Service for the Oversight of Consumer Protection and Welfare; establish the composition of administrative offenses in the Article 14.51 of the Code of the Russian Federation on Administrative Offences related to improper fulfillment of responsibilities by tour operators and travel agents on providing tourists with the information about risks they may face during their trip.
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Vodoriezova, Susanna. "Some considerations on the application of measures of influence for offenses in the informational field." Law and innovations, no. 3 (31) (October 2, 2020): 52–59. http://dx.doi.org/10.37772/2518-1718-2020-3(31)-8.
Повний текст джерелаАнотація:
Problem setting. The article is devoted to the study of general theoretical issues on the peculiarities of the application of measures of influence for offenses in the informational sphere, identifies the types of liability for offenses in the informational sphere. Target of research. The purpose of this article is to analyze the measures of legal influence for violations of the law in the informational sphere. Analysis of recent researches and publications. Issues related to the study of the peculiarities of the application of measures of influence for offenses in the informational sphere, were the subject of research by such scientists as: V. V. Belevtseva, A. O. Volkova, I. F. Korzh, V. Ya. Nastyuk, G. M. Pisarenko and others. However, given the rapid development of informational relations, existing approaches to their regulation, including relations on the application of measures of influence in the informational sphere, need to be reconsidered and updated. Article’s main body. Considering the category of “measures of influence”, it should be emphasized that measures of legal responsibility are only part of the whole system of measures of influence that can be applied to the offender. It should be emphasized that the measures of legal responsibility for their intended purpose are punishable, ie the purpose of their application is to punish the subject for deviation from the lawful conduct provided by law. At the same time, the purpose of applying measures of influence is not only to punish the offender. Measures of influence can be used to restore the violated rights, to ensure the existing state of legal relations before their commission, the cessation of offenses, etc. In fact, the category of “measures of influence” in its content is broader than “legal liability”. Conclusions and prospects for the development. Тhe intersectoral nature of the current information legislation of Ukraine necessitates further in-depth analysis of measures of influence for offenses in the informational sphere in order to ensure informational security of man, state and society. Specific examples indicate that measures of influence for informational offenses can be divided on the following grounds: a) purpose (security, suspending and punitive); b) values - basic and additional (within a specific coercive measure); c) variability - non-alternative (only a specific measure of influence is envisaged for the relevant offense) and alternative (several coercive measures are envisaged for the commission of a specific offense, the person authorized to apply coercive measures has the opportunity to choose); d) the procedure for application - judicial and extrajudicial.
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Knyzhenko, І. О. "Forensic characteristics of the creation and distribution of content containing child pornography using information and telecommunications systems or technologies." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 227–31. http://dx.doi.org/10.24144/2788-6018.2022.03.41.
Повний текст джерелаАнотація:
The article is devoted to the forensic characteristics of the creation and distribution of content containing child pornography using information and telecommunication systems or technologies. This type of criminal offenses is classified as complex methods. The components of criminal technology are: obtaining access to child pornography, its acquisition, storage, importation, transportation or other movement, production, sale and distribution (Article 301-1 of the Criminal Code of Ukraine); rape (Article 152 of the Criminal Code of Ukraine); committing acts of a sexual nature with a person who has not reached the age of sixteen (Article 155 of the Criminal Code of Ukraine); sexual violence (Article 153 of the Criminal Code of Ukraine); corruption of minors (Article 156 of the Criminal Code of Ukraine); human trafficking (Article 149 of the Criminal Code of Ukraine).
Girls aged 9 to 13 were most often involved in the creation of sexual content. Criminals take advantage of the vulnerable state of children, caused by the fact that they have not yet formed sexual identification, hierarchy of motives, moral consciousness and self-awareness. In more than 90% of cases, the investigated crimes were committed with the participation of persons close to the child. Such criminal offenses are committed for sexual and selfish motives. Consumers of pornographic content have a sexual motive. The creation and distribution of content containing child pornography using information and telecommunication systems or technologies is most often committed by organized criminal groups for selfish motives, which have a clear hierarchical structure: the organizer; recruiters; directors; performers; distributors of pornographic content.
Criminal technologies include two groups of offenses: 1) actions related to violence against a child; 2) actions related to the creation and distribution of pornographic content using information and telecommunication systems or technologies.
The peculiarity of the circumstances of the commission of the investigated group of criminal offenses is that the place of sexual violence (that is, the creation of content containing child pornography) has a specific (physical) address, and the distribution of such content is carried out using information and telecommunication systems or technologies.
Criminal technologies include two groups of offenses: 1) actions related to violence against a child; 2) actions related to the creation and distribution of pornographic content using information and telecommunication systems or technologies.
The peculiarity of the circumstances of the commission of the investigated group of criminal offenses is that the place of sexual violence (that is, the creation of content containing child pornography) has a specific (physical) address, and the distribution of such content is carried out using information and telecommunication systems or technologies.
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Krykun, V. V. "Objective Features of Administrative Offenses under the Article 443 of the Code of Ukraine on Administrative Offenses and Their Impact on the Scope of Powers of the National Police of Ukraine." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (June 26, 2020): 153–63. http://dx.doi.org/10.32631/v.2020.2.15.
Повний текст джерелаАнотація:
The author of the article has stipulates that public relations in the field of labor protection and public health are the generic object of an administrative offense under the Art. 443 of the Code of Ukraine on Administrative Offenses. The legislator has formed a generic object out of two relatively independent parts: 1) public relations on labor protection and 2) public relations on public health. The direct object of an administrative offense under the Art. 433 of the Code of Ukraine on Administrative Offenses can be defined as public relations to protect the population from infectious diseases and ensuring its sanitary and epidemic well-being. The author has established the content of a socially dangerous act, which stipulates administrative liability under the Art. 433 of the Code of Ukraine on Administrative Offenses: 1) violation of the rules provided by the Resolution of the Cabinet of Ministers of Ukraine “On the prevention of the spread of an acute respiratory disease COVID-19 caused by the corona virus SARS-CoV-2 on the territory of Ukraine” dated from March 11, 2020 No. 211; 2) violation of the requirements of regulatory acts (orders, instructions, rules, regulations, etc.) of the Ministry of Health, which establish sanitary-hygienic and sanitary-anti-epidemic rules. The author has established the competition of norms of the Art. 42 of the Code of Ukraine on Administrative Offenses and the Art. 433 of the Code of Ukraine on Administrative Offenses according to the object and socially dangerous act; the author has suggested legislative amendments related to the elimination of the specified collision by the disapplication of the Art. 42 of the Code of Ukraine on Administrative Offenses.
In the course of the research of objective features of administrative offenses provided by the Art. 433 of the Code of Ukraine on Administrative Offenses, the author has substantiated the need and has provided propositions for legislative amendments to delimit the powers of the National Police of Ukraine, the Ministry of Health of Ukraine, the State Service of Ukraine for Food Safety and Consumer Protection, and local self-government agencies in Ukraine in the sphere of counteracting violations of sequestration rules, sanitary and hygienic, sanitary and anti-epidemic rules and norms.
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Korniiets, P. Yu. "Institutional role of the prosecutor's office in preventing and combating corruption in the National Anti-Corruption Bureau of Ukraine: delimitation of powers and ways to improve the legal framework." Bulletin of Kharkiv National University of Internal Affairs 95, no. 4 (December 24, 2021): 135–45. http://dx.doi.org/10.32631/v.2021.4.11.
Повний текст джерелаАнотація:
The provisions of normative legal acts that determine the prosecutor's office scope of competence, in particular their tasks and functions, have been studied. As a result, it has been found that the current approach to determining the prosecutor's office scope of competence is manifested primarily in the consolidation at the legislative level of the main functions of the prosecutor's office; tasks and functions of the Specialized Anti-Corruption Prosecutor's Office (SAP) are fixed at the departmental level of legal regulation without their delimitation.
In order to differentiate the powers of the prosecutor's office to prevent and combat corruption, the National Anti-Corruption Bureau of Ukraine (NABU) clarified the investigation of criminal corruption and corruption-related offenses committed by NABU employees. It has been established that the prosecutor's office, represented by prosecutors, is authorized to prevent corruption in NABU by participating in proceedings on administrative offenses related to corruption committed by NABU employees.
As a result of the study, it has been concluded that the prosecutor's office, depending on the content of their tasks and functions, are involved in preventing and combating corruption in NABU in different ways, and the content of such activities is clearly dualistic, namely: on the one hand, the SAP in preventing compliance with the law during operational and investigative activities and pre-trial investigation of criminal offenses NABU can prevent or stop possible corruption by NABU employees; on the other hand, the prosecutor's office, if a corruption criminal offense is committed by a NABU official, must, in particular, ensure compliance with the law on the inevitability of liability for a criminal offense, within the competence to compensate for damages caused by such criminal offenses.
The powers of the prosecutor's office to prevent and combat corruption in NABU have been grouped: representative, supervisory, security and law enforcement.
In order to ensure the effective functioning of the SAP, in particular on the prevention and combating of corruption in NABU, the author's version of Section 3 of the Regulation on the Specialized Anti-Corruption Prosecutor's Office of the Prosecutor General's Office has been proposed.
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Hanum, Lathifah, Alfath Hanifah Megawati, Cantyo Atindriyo Dannisworo, Bona Sardo Hasoloan Hutahaean, and E. Kristi Poerwandari. "The Content Analysis of Rorschach in Attesting the Sex Offenders." Jurnal Psikologi 48, no. 3 (December 24, 2021): 228. http://dx.doi.org/10.22146/jpsi.66614.
Повний текст джерелаАнотація:
The Rorschach test is one of the psychological tests widely used in various assessment settings, including in studies related to sexual offenses. However, such research is scarce, although the level of sexual violence in Indonesia increases yearly. Sexual violence is often associated with the sexual drives that humans have in themselves. In this case, Rorschach can provide an overview of the individual's drives, ideas, and social relationships. The current study aims to find the personality profiles of sex offenders. Therefore, this study collected Rorschach data from 46 male sex offenders over 11 years in Depok City, Indonesia. Based on content analysis, this study found several prominent characteristics of sex offenders, such as exhibited difficulties in adaptation due to low intellectual capacity, poor emotional regulation, and empathy that other causes difficulty to build strong relationships with others. They also suppress sexual urges, but they were more likely to express it impulsively with low intellectual capacity and emotional regulation. These various personality characteristics possessed by sex offenders will undoubtedly impact the intervention process they go through to gain insight from their experience. The results are expected to be an input for developing interventions for sex offenders not to repeat their actions in the future.
Дисертації з теми "Content related offenses"
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Panattoni, Beatrice. "L'impatto della rivoluzione digitale sul diritto penale dell'informatica. Verso nuovi modelli di responsabilità penale." Doctoral thesis, 2022. http://hdl.handle.net/11562/1069767.
Повний текст джерелаАнотація:
La disciplina dell’informatica ha subìto una forte ed incessante evoluzione a partire dalla seconda metà del secolo scorso. Dalla rivoluzione del computer all’apertura al pubblico della rete Internet, si è arrivati oggi nel pieno di quella che può definirsi la rivoluzione digitale, in cui algoritmi sempre più complessi creano un turbinio di processi informatici automatizzati ed autonomi, grazie alla grande mole di dati disponibili (Big data), al maggiore potere computazionale e al progresso delle tecniche di machine learning. Nell’arco di questo percorso evolutivo si può registrare un cambio di paradigma. Le tecnologie digitali non sono più inquadrabili entro un paradigma meramente strumentale, che le concepisce quali dispositivi al servizio dell’utente, ma sono divenute tecnologie “ambientali”, capaci di influenzare e modellare l’ambiente sociale in cui viviamo, e, conseguentemente, la condizione individuale. Questi mutamenti incidono sulla realtà materiale nel suo complesso, compresi quindi anche i fatti criminosi che si legano ai processi dell’informatica. Il settore del diritto penale che si è dedicato allo studio di questi fenomeni, il diritto penale dell’informatica, ha quindi subìto un altrettanto vivace evoluzione. Nel presente elaborato si articoleranno due domande di ricerca. La prima si concentrerà sull’individuazione e concettualizzazione degli effetti della normatività tecnologica in un preciso settore applicativo, delineando quali siano gli “effetti trasformativi” delle tecnologie digitali sui fatti offensivi di beni giuridici protetti dal diritto penale, per poi verificare se e in quale misura questi effetti incidano sulle categorie penalistiche a cui si ricorre per configurare le fattispecie incriminatrici applicabili. I risultati di questa prima indagine permetteranno di mettere in luce la tenuta delle attuali forme di protezione e le eventuali lacune di tutela che il progresso delle tecnologie informatiche e digitali ha creato. Inoltre, essi costituiranno la base necessaria sui cui articolare la seconda domanda della ricerca, fornendo i riferimenti dogmatico-interpretativi entro cui articolare i regimi d’imputazione della responsabilità penale che occorrerà elaborare per colmare le eventuali lacune di tutela che siano emerse. Spostandosi dunque sui modelli di responsabilità penale, si verificherà quali risultino più idonei a prevenire e contrastare forme di criminalità in cui “porzioni” della realtà materiale siano riconducibili alla sola “azione” del codice informatico. In altre parole, diventa sempre più pressante elaborare una risposta alla domanda di «who we hold responsible for what code does». Il caso di studio su cui si articolerà l’indagine sarà circoscritto ai fatti criminosi legati al c.d. social web, ossia i fatti diffusivi di contenuti illegali online, prendendo in esame due insieme di fattispecie: le “degenerazioni del discorso pubblico” da una parte e i “contenuti contro la persona” dall’altra. Una volta delineati quali siano gli effetti trasformativi delle tecnologie digitali in questo contesto e di come essi incidano sulle categorie penalistiche volte a regolarli, si sonderà la tenuta di modelli di responsabilità penale ancorati alla persona dell’utente. Si evidenzierà come le capacità di controllo dei singoli individui nella società digitale stia progressivamente rivelando la sua insufficienza nell’ambito delle politiche criminali che intendono regolare le dinamiche create dal digitale, per l’azione erosiva del consolidarsi di una realtà di rete, costruita dall’apporto sia delle linee di codice che costituiscono i software e gli algoritmi che governano il web e i servizi ivi offerti, sia dei diversi attori privati che creano, gestiscono e attualizzano questo codice. La parte finale dell’indagine dovrà quindi volgere la sua attenzione alle forme di responsabilità penale dei soggetti che stanno “dietro” alle tecnologie, che nel caso preso in esame coincidono con le piattaforme online.Computer science has deeply evolved since the second half of the last century. From the revolution of the computer to the opening of Internet to the public, we are now living in what can be defined the digital revolution, in which increasingly complex algorithms create a whirlwind of automated and autonomous digital processes, thanks to the large amount of data available (Big data), a greater computational power and machine learning techniques. This evolution created a paradigm shift. Digital technologies can no longer be framed within a purely instrumental paradigm, which conceives them as devices at the service of the user, but they have become “environmental” technologies, capable of influencing and shaping the social environment in which we live, and consequently our individual condition. These transformations affect the “material reality”, including therefore also criminal acts that are linked to IT processes. Two research questions will be articulated. The first will focus on the identification and conceptualisation of the implications of technological normativity in a specific sector of application, outlining which are the “transformative effects” of digital technologies on crimes, and then verify whether and to what extent they affect the criminal categories used to configure the applicable criminal offences. The results of this initial investigation will make it possible to highlight the shortcomings of the current forms of protection and whether there are any gaps in the legal protection. Moreover, they will provide the necessary concepts on which to articulate the second question of the research, providing the dogmatic-interpretative references within which to articulate the regimes of imputation of criminal responsibility that will need to be developed to fill any gaps that may have emerged. Therefore, moving on to the modes of criminal responsibility, it will be evaluated which ones are more suitable to prevent and fight forms of crime where “portions” of the material reality are ascribable only to the “action” of the computer code, or, alternatively, how they must adapt to the scenarios of the digital society. In other words, it becomes more and more urgent to elaborate an answer to the question of “who we hold responsible for what code does”. The case study on which the research will be focused will be limited to criminal acts related to the so-called social web, i.e., the diffusion of illegal content online, taking into account two sets of cases: “degenerations of public discourse” on the one hand, and “contents against the person” on the other. Once the transformative effects of digital technologies on Criminal Law categories will be outlined, the research will examine the resilience of criminal responsibility modes of the user. It will be highlighted how the “capacity to control” in digital society is progressively becoming inadequate in the context of criminal policies that intend to regulate it, due to the erosive action of its network reality, built by the contribution of both lines of code that constitute the software and algorithms that govern the web, and the various private actors that create, manage and implement this code. The final part of the research turns its attention to the forms of criminal responsibility of the private actors which stay “behind” technologies, which in the case under consideration are online platforms.
Книги з теми "Content related offenses"
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Commission, Great Britain Law. Criminal law: Evidence in criminal proceedings : hearsay and related topics : a consultation paper. London: HMSO, 1995.
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Commission, Great Britain Law. Criminal law: Evidence in criminal proceedings : hearsay and related topics : a consultation paper. London: HMSO, 1995.
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Gordon, Gregory S. Adopting Incitement to Commit War Crimes. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190612689.003.0011.
Повний текст джерелаАнотація:
Chapter 10 proposes a new atrocity speech offense—incitement to commit war crimes. It demonstrates that any imagined ills related to this proposed expansion of speech criminalization in the military context-- from supposed chilling effects to drags on operational efficiency – are easily outweighed by the salutary impact of wider proscription. The chapter contends that exposing intraforce military relations to the specter of greater verbal regulation will promote law of armed conflict (LOAC) compliance and esprit de corps, thereby ultimately enhancing broader functional objectives. It also explains why the proposal’s timing is propitious. War weapons have become more lethal and war tactics more savage. And the incitement offense has fossilized as a penal option within the narrow target-crime confines of genocide. As the international legal imagination has begun to visualize its utility in relation to other global crimes, notably terrorism, its adaption for LOAC violation purposes seems prudently incremental and normatively sound.
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Huisman, Wim. Offender Decision Making in Corporate and White-Collar Crime. Edited by Wim Bernasco, Jean-Louis van Gelder, and Henk Elffers. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199338801.013.35.
Повний текст джерелаАнотація:
Corporate and white-collar crimes are crimes committed by managers or other professionals acting in an occupational or business-related context. These crimes are generally viewed as outcomes of rational decision making rather than opportunistic or impulsive behavior. This chapter addresses offender decision making in corporate and white-collar crimes. It builds from, as well as critically reflects on, the rationality paradigm of white-collar decision making. It discusses sociodemographic and psychological characteristics of the managers who commit these crimes and the organizational structures and corporate cultures of the firms that are involved. The chapter also describes the situations in which these crimes are committed, and it reviews research on the perception and evaluation of choice in white-collar and corporate crime settings. The chapter discusses implications of research on white-collar decision making for prevention and intervention of white-collar and corporate crime.
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Shepherd, Eric, and Andy Griffiths. Investigative Interviewing. 3rd ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192843692.001.0001.
Повний текст джерелаАнотація:
This book provides readers with the knowledge, understanding, and tools to facilitate maximum disclosure by any interviewee in order to achieve the investigative aim and objectives. At its core, the Conversation Management Approach embodies a commitment to transparency and ethical conduct, as well as respect for the individual and professional expertise: qualities that make it applicable to any investigative context, whether conducted by the police or by private investigative agencies, both in the UK and internationally. This third edition presents a hands-on, how-to guide to interviewing a wide range of interviewees (witnesses, suspects, informants, and other individuals in special circumstances), underpinned by the world-renowned PEACE model for investigative interviewing. It includes straightforward explanations of how conversation works and how a working relationship is created; the realities of influencing, persuasion, and negotiation; the process of telling and listening; how people remember and forget offence-related experience; how to assist their remembrance of offence-related detail; and how to ask the right question at the right time in the right way.
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Groff, Elizabeth R. Do We Really Need Collective Social Process to Understand Why Crime Occurs and Offenders Commit Crime? Edited by Gerben J. N. Bruinsma and Shane D. Johnson. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780190279707.013.4.
Повний текст джерелаАнотація:
This chapter examines the potential role of social process in contributing to our understanding of why crime occurs where it does. It focuses on the role of social process in explaining crime that occurs at microplaces; in “small-scale social systems whose components include people and inanimate objects” known as behavior settings. Behavior settings emphasize the situational and dynamic nature of interactions between the social and physical environment of the microplace as situated within a particular context. The chapter begins with a brief introduction to social process and its operation at microplaces. It then identifies instances where the inclusion of social process enhances current environmental criminology. It concludes by discussing some of the challenges to the measurement of social process-related mechanisms hypothesized to affect crime events and suggesting a way forward.
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Carvalho, Henrique. The Preventive Turn in Criminal Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198737858.001.0001.
Повний текст джерелаАнотація:
This book presents a theoretical examination of the rise and expansion of preventive criminal offences that has gained momentum in Anglo-American criminal justice since the late twentieth century. It shows how recent transformations in criminal law and justice are intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed, and conditioned by their social, political, and historical contexts. The book starts by identifying a tension, within contemporary criminal law, between the importance given to the expression of individual autonomy and responsibility, and the perceived need for prevention as a condition for the security of autonomy and the promotion of welfare. The book then traces this tension back to an intrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment. It finds that it is this tension that ultimately grounds the rise of preventive criminal offences in recent times. The Preventive Turn in Criminal Law engages with the main contemporary literature on criminal law, prevention, risk, security, and criminalization, by deploying a theoretical perspective from both classical and contemporary works of social and political theory, including the works of Hobbes, Locke, Hegel, and Bentham. It does so in order to reveal that the pervasiveness of prevention in twenty-first century criminal law not only represents the consequence of new and unprecedented features of contemporary politics and society, but also embeds long-established features of the liberal legal and political tradition.
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Pinals, Debra A., and Joel T. Andrade. Applicability of the recovery model in corrections. Oxford University Press, 2015. http://dx.doi.org/10.1093/med/9780199360574.003.0040.
Повний текст джерелаАнотація:
Mental health professionals and substance use providers have worked with “recovery” concepts for many years. President Bush’s New Freedom Commission on Mental Health spoke to important aspects of mental health care systems that were challenged, recognizing that “care must focus on increasing consumers’ ability to successfully cope with life’s challenges, on facilitating recovery, and on building resilience, [and] not just on managing symptoms.” Furthermore, the report went on to state that “recovery will be the common, recognized outcome of mental health services.” These words related to general mental health services, and yet correctional settings have become a place where mental health services are increasingly needed. Prisons and jails, however, are built around confinement and the general principles of sentencing that include retribution, deterrence, incapacitation, and rehabilitation. Thus it might seem that there is such a fundamental distinction between a prison or jail and a place of treatment that a “recovery” orientation seems inappropriate or unrealistic. In this chapter, we address recovery, describing various ways of defining this construct. We also review potential considerations related to recovery-oriented services that may be feasible and even helpful within correctional environments, and describe some of the tensions between recovery and responsibility in the context of working with an offender population. Finally, we present recommendations for combining evidence-based treatments for incarcerated individuals with a recovery based model for inmates with mental health needs.
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Pinals, Debra A., and Joel T. Andrade. Applicability of the recovery model in corrections. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199360574.003.0040_update_001.
Повний текст джерелаАнотація:
Mental health professionals and substance use providers have worked with “recovery” concepts for many years. President Bush’s New Freedom Commission on Mental Health spoke to important aspects of mental health care systems that were challenged, recognizing that “care must focus on increasing consumers’ ability to successfully cope with life’s challenges, on facilitating recovery, and on building resilience, [and] not just on managing symptoms.” Furthermore, the report went on to state that “recovery will be the common, recognized outcome of mental health services.” These words related to general mental health services, and yet correctional settings have become a place where mental health services are increasingly needed. Prisons and jails, however, are built around confinement and the general principles of sentencing that include retribution, deterrence, incapacitation, and rehabilitation. Thus it might seem that there is such a fundamental distinction between a prison or jail and a place of treatment that a “recovery” orientation seems inappropriate or unrealistic. In this chapter, we address recovery, describing various ways of defining this construct. We also review potential considerations related to recovery-oriented services that may be feasible and even helpful within correctional environments, and describe some of the tensions between recovery and responsibility in the context of working with an offender population. Finally, we present recommendations for combining evidence-based treatments for incarcerated individuals with a recovery based model for inmates with mental health needs.
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Welsh, Lucy, Layla Skinns, and Andrew Sanders. Sanders & Young's Criminal Justice. 5th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780199675142.001.0001.
Повний текст джерелаАнотація:
Criminal Justice provides a comprehensive overview of the criminal justice system in England and Wales (excluding punishment), as well as thought-provoking insights into how it might be altered and improved and research that might be needed to help accomplish this. Tracing the procedures surrounding the appre-hension, investigation, trial and appeal against conviction of suspected offenders, this book is the ideal com-panion for law and criminology students alike. As the authors combine the relevant legislation with fresh research findings and policy initiatives, the resulting text is a fascinating blend of socio-legal analysis. Whilst retaining its authoritative treatment of the issues at the heart of criminal justice, the book has been fully updated with recent developments, including terrorism legislation and the initial Covid-related restrictions introduced in early-mid 2020. In this, the book’s 5th edition: two experienced new co-authors, Dr Layla Skinns and Dr Lucy Welsh, join Andrew Sanders (Richard Young having decided, 25+ years after the 1st edition, to do other things); the text features chapter summaries and selected further reading lists to support the student and encourage further research; the content of the book has been fully updated to include coverage of new legislation, case law, research and policy developments; and the text is enriched by the new authors’ specialist research into accountability, police custody, magistrates’ courts and criminal legal aid. The theoretical structure of the earlier editions is retained, but developed further by consideration of ‘core values’ in criminal justice and the impact of neoliberalism.
Частини книг з теми "Content related offenses"
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Weulen Kranenbarg, Marleen. "Cyber-Dependent Crime Versus Traditional Crime: Empirical Evidence for Clusters of Offenses and Related Motives." In Cybercrime in Context, 195–216. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-60527-8_12.
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Getoš Kalac, Anna-Maria. "Violence in the Balkans: Regional Commons and Country Specifics." In Violence in the Balkans, 57–94. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-74494-6_5.
Повний текст джерелаАнотація:
AbstractThis chapter presents first findings from the BHS by providing data on main incident, offender, victim, and procedural characteristics of (lethal) violence in six countries of Southeastern Europe and the Balkans: Croatia, Hungary, Kosovo, North Macedonia, Romania, and Slovenia. The discussion will concentrate on regional commons, as well as country specifics with a particular focus on comparison between completed and attempted homicides. In terms of the type of violence, only the most relevant ones will be analyzed, whereby this relates to both the most prevalent and most interesting for the regional context. Thus, certain methodological aspects, like those related to missing data and the merging of datasets with different counting units, will be presented. Bearing in mind the overall scope of the BHS with more than 200 different variables, this chapter clearly presents but a fraction of all findings. Nevertheless, it is a solid starting point for future topic-wise more focused in-depth analyses, and will hopefully deliver food for thought on new lines of (lethal) violence and homicide research.
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Allen, Michael J., and Ian Edwards. "12. Offences under the Theft Acts 1968 and 1978: Theft and related offences." In Criminal Law, 518–65. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198869931.003.0012.
Повний текст джерелаАнотація:
Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses offences under the Theft Acts of 1968 and 1978. Theft and related offences are concerned with interferences with the rights and interests others have in property. The chapter covers each element of the offence of theft, robbery, and offences involving temporary deprivation. It discusses the meaning of ‘dishonesty’, including the Supreme Court’s decision in Ivey v Genting Casinos UK Ltd (2018), which held that the two-part Ghosh test for dishonesty no longer applies. The feature on ‘The law in context’ analyses critically the criminalisation of ‘freeganism’.
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Allen, Michael J., and Ian Edwards. "12. Offences under the Theft Acts 1968 and 1978: Theft and related offences." In Criminal Law, 505–50. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198831938.003.0012.
Повний текст джерелаАнотація:
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses offences under the Theft Acts of 1968 and 1978. It covers each element of the offence of theft (dishonest appropriation of property belonging to another with the intention permanently to deprive), abstracting electricity, robbery, and offences involving temporary deprivation. It discusses the meaning of ‘dishonesty’, including the Supreme Court’s decision in Ivey v Genting Casinos UK Ltd (2018), which held that the two-part Ghosh test for dishonesty no longer applies. The Law in Context feature analyses critically the criminalisation of ‘freeganism’.
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Romanov, Maksym. "TACTICAL PROVISION OF PRE-TRIAL INVESTIGATION OF ILLEGAL OBSTRUCTION OF THE ORGANIZATION OR HOLDING OF MEETINGS, RALLIES, MARCHES AND DEMONSTRATIONS." In Traditional and innovative approaches to scientific research: theory, methodology, practice. Publishing House “Baltija Publishing”, 2022. http://dx.doi.org/10.30525/978-9934-26-241-8-21.
Повний текст джерелаАнотація:
Tactical provision of pre-trial investigation of illegal obstruction of the organization or holding of gatherings, rallies, marches, and demonstrations, taking into account the tendency towards the systematic implementation of the relevant constitutional right by the citizens of Ukraine, is an extremely important aspect of the science of criminal process and criminology. The purpose of the article is to describe the institution of tactical provision of pre-trial investigation of illegal obstruction of the organization or holding of meetings, rallies, marches, and demonstrations. The set goal, through the prism of the logic of the analysis of the relevant material, can be the achievement of the following research tasks: the study of the procedure for conducting investigative (research) actions to obtain information from material and personal sources in the investigation of illegal obstruction of the organization or the holding of meetings, rallies, marches and demonstrations; analysis of the institution of the use of special knowledge as a means of tactical provision of pre-trial investigation of illegal obstruction of the organization or holding of meetings, rallies, marches and demonstrations; characteristics 528Maksym Romanovof interaction in the investigation of illegal obstruction of the organization or holding of meetings, rallies, marches and demonstrations. The research methodology is based on general research methods of analysis and synthesis, and in particular – observation and abstraction, which are used to learn the main socio-legal processes. Special methods of learning legal matter – formal-legal and comparative-legal made possible a deeper study of the legal content of the studied phenomena. The results showed that the need for a significant number of investigative (search) actions is related to the specifics of the committed criminal offense, the main negative and illegal consequence of which is not holding a peaceful assembly (not realizing the right to hold such an assembly by citizens). It is emphasized that the most effective is the use of special knowledge related to the analysis of material sources of evidence (video, photo, audio files and other material sources that may contain information about the illegal obstruction of the organization or the holding of a peaceful assembly). The conclusion was also reached that the content and essence of interaction in the investigation of the corresponding category of criminal offenses is the need to involve a wide range of human resources, with the aim of interviewing the participants of such a peaceful assembly, its organizers, eyewitnesses to the event (in case of aggressive (forceful) obstruction of the peaceful assembly meetings), in addition, a prominent place in the system of interaction is occupied by specialists (experts) and employees of security units during mass events of various law enforcement agencies. Practical implications. It consists in the fact that the algorithms and categories determined as a result of the analysis of theoretical provisions can be applied in the activities of pre-trial investigation bodies, to whose jurisdiction the relevant criminal offense is assigned, as well as during the legislative work of state authorities. Value/originality is that this study is one of the first in Ukraine to attempt a fragmented analysis of the institution of the organization of a pre-trial investigation of illegal obstruction of the organization or holding of meetings, rallies, marches and demonstrations, given the low number of their registrations, however, in the conditions of armed aggression of the russian federation (when the relevant law is violated in the temporarily occupied territories, and also serves as a direct tool for the protection of the state sovereignty and territorial integrity of Ukraine), as well as Ukraine's acquisition of the status of a candidate for membership of the European Union, all without exception the field of criminal process science and criminology are updated and should be studied in detail.
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Isafiade, O. E., A. B. Bagula, and S. Berman. "On the Use of Bayesian Network in Crime Suspect Modelling and Legal Decision Support." In Natural Language Processing, 372–93. IGI Global, 2020. http://dx.doi.org/10.4018/978-1-7998-0951-7.ch019.
Повний текст джерелаАнотація:
Predictive policing (Pp) relates to identifying potentially related offences, similar criminal attributes and potential criminal activity, in order to take actionable measures in deterring crime. Similarly, Legal Decision Making Process (LDMP) considers some level of probabilistic reasoning in deriving logical evidence from crime incidents. Bayesian Networks (BN) have great potential in contributing to the area of Pp and LDMP. Being based on probabilistic reasoning, they can assess uncertainty in crime related attributes and derive useful evidence based on crime incident observations or evidential data. For example, in a particular context of crime investigation, BN based inference could help collect useful evidence about a crime scenario or incident. Such evidence promotes effective legal decision making process and can assist public safety and security agencies in allocating resources in an optimal fashion. This chapter reports on various application areas of BN in the crime domain, highlights the potential of BN and presents “thought experiments” on how offender characteristics could be modelled for decision support in legal matters. The chapter further reports on the performance of empirical analysis in the legal decision support process, in order to elucidate the practical relevance and challenges of using BN in the crime domain.
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Allen, Michael J., and Ian Edwards. "10. Non-fatal offences against the person." In Criminal Law, 413–58. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198831938.003.0010.
Повний текст джерелаАнотація:
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the main non-fatal offences involving violence against the person. Non-fatal offences include assault and battery, assault occasioning actual bodily harm, wounding and inflicting grievous bodily harm, wounding or causing grievous bodily harm with intent, administering poison, and offences related to explosive substances and corrosive fluids (including offences related to ‘acid attacks’). The chapter analyses in detail consent as a defence to non-fatal offences against the person, including discussion of recent case law on whether consent is a defence to acts of ‘body modification’. The chapter also outlines necessity and lawful correction. The chapter’s Law in Context feature examines the scope of ‘hate crime’ legislation.
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Allen, Michael J., and Ian Edwards. "10. Non-fatal offences against the person." In Criminal Law, 421–67. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198869931.003.0010.
Повний текст джерелаАнотація:
Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the main non-fatal offences involving violence against the person. Non-fatal offences include assault and battery, assault occasioning actual bodily harm, wounding and inflicting grievous bodily harm, wounding or causing grievous bodily harm with intent, administering poison, and offences related to explosive substances and corrosive fluids (including offences related to ‘acid attacks’). The chapter analyses in detail consent as a defence to non-fatal offences against the person, including discussion of recent case law on whether consent is a defence to acts of ‘body modification’. The chapter also outlines necessity and lawful correction. The chapter’s ‘The Law in Context’ feature examines the scope of ‘hate crime’ legislation.
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DeMatteo, David, Kirk Heilbrun, Alice Thornewill, and Shelby Arnold. "Clinical Interventions in Problem-Solving Courts." In Problem-Solving Courts and the Criminal Justice System, 33–49. Oxford University Press, 2019. http://dx.doi.org/10.1093/med-psych/9780190844820.003.0003.
Повний текст джерелаАнотація:
This chapter focuses on the clinical interventions most commonly delivered in problem-solving courts. The chapter begins with a discussion of the Risk-Needs-Responsivity Model, which provides a foundational context for the interventions used in problem-solving courts and highlights the importance of targeting offender needs—criminogenic needs—related to key outcomes (e.g., reduced recidivism, reduced relapse to drug use). The authors then discuss the various screening and risk assessment procedures used to admit offenders to problem-solving courts, the clinical interventions used in problem-solving courts (e.g., cognitive-behavioral interventions, 12-step programs, therapeutic communities, case management, trauma-informed care), and the use of evidence-based practices in problem-solving courts. The authors note the role of problem-solving courts as a watchdog for service provision and conclude with a section discussing “next steps” for expanding evidence-based interventions in problem-solving courts.
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Moutsopoulou, Christina Antonia, and Afroditi Mallouchou. "Mitigation of Juvenile Delinquency Risk Through a Person-Centered Approach." In Research Anthology on Interventions in Student Behavior and Misconduct, 583–95. IGI Global, 2022. http://dx.doi.org/10.4018/978-1-6684-6315-4.ch031.
Повний текст джерелаАнотація:
This article contends that juvenile delinquency may be viewed from a developmental perspective and as such be connected to its penal treatment, of which the purpose is mainly educational. The emergence of antisocial and/or delinquent behavior of minors is characterized as a form of rebellion and resistance to power. The mitigation of juvenile delinquency risk can be achieved through a humanitarian approach. Minor offenders need to be approached in a special manner and treated in a way tailored to suit their needs according to age. The present article outlines the profile of the minor offender and his/her family background, as well as the institutional role of Juvenile Probation Officers as practitioners in the Greek penal system. Counseling of minors and parents and advocacy to minors are described as two distinct inter-related practices that help children reintegrate into society and achieve their social education.
Тези доповідей конференцій з теми "Content related offenses"
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Patitan, Rionardo Farlus, and Ade Adhari. "Reformulation of Criminal Policy Against Offenses Related to Euthanasia in the Context of Renewing the National Criminal Law." In 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021). Paris, France: Atlantis Press, 2022. http://dx.doi.org/10.2991/assehr.k.220404.153.
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Baranov, Nikolay. "POLITICAL ASPECTS OF DIGITALIZATION: THE CHOICE BETWEEN SECURITY AND FREEDOM IN THE GLOBAL WORLD." In Globalistics-2020: Global issues and the future of humankind. Interregional Social Organization for Assistance of Studying and Promotion the Scientific Heritage of N.D. Kondratieff / ISOASPSH of N.D. Kondratieff, 2020. http://dx.doi.org/10.46865/978-5-901640-33-3-2020-268-273.
Повний текст джерелаАнотація:
The article analyses the dichotomy of modern people’s choice in the context of the ample opportunity provided by information technology, and on the other hand, threats related to the invasion of privacy and offences. Social response to the choice of priority depends on political and cultural perception of the political reality, which was formed with the direct participation of power structures and which is shared by the majority of the population.
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Miolo De Oliveira, Caio, Rita Assoreira Almendra, Ana Rita Lourenço, and Tiago Leitão. "Community Engagement Methodology for the Academic Design Curriculum." In 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1001372.
Повний текст джерелаАнотація:
Design profession has become quite resignified over time, being increasingly associated with an approach to involve people working collaboratively to co-create new opportunities for the welfare, solve complex problems or even favor innovation processes, whether they are applied in business environments or in the social sphere. By acting in this scope, Design is articulating social innovation processes, as it is developing strategies, whether through products or services, so that the actors related to the existing context can be active agents of transformation. In synergy with this approach, there is another participatory aspect, originating from other areas of knowledge: Community Engagement Methodology. This encompasses a process for providing information, empowering the community to identify solutions to their needs, as well as influencing priorities and strategic decisions. In this context, despite having enough theoretical and practical research implemented to favor community engagement, it appears that the academic curricula of Design courses do not work so specifically with community engagement/ implementation of social innovation processes. Thus, this paper reveals a methodology developed during PhD research in Design that aimed to favor the social reintegration of offenders and ex-offenders. This methodology, made up of different methods, was created in codesign with a Portuguese social cooperative, which was one of the promoters of a project co-founded by the European Union, between 2017 and 2020. The methodology was applied to professionals of the Criminal Justice System who work within the scope of reintegration in four countries (Portugal, Italy, Romania, and Germany), who evaluated it very positively. Therefore, the purpose of this article is to reveal the community involvement methodology created and propose ways that it can be implemented in Design curricula, to encourage and favor the development of solutions and improvements in different social contexts.