Статті в журналах: "Set of elements of an offense"

1

Starovoytova, S. "SET OF FACTS OF ADMINISTRATIVE OFFENCE FOR CONTEMPT OF COURT OR THE CONSTITUTIONAL COURT OF UKRAINE." Scientific notes Series Law 1, no. 10 (July 2021): 88–93. http://dx.doi.org/10.36550/2522-9230-2021-10-88-93.

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The article is focused on the analysis of set of facts of an administrative offense for contempt of court or the Constitutional Court of Ukraine under the Art. 185-3 of the Code of Ukraine on Administrative Offenses. The author has revealed the content of the main elements of the set of facts of an administrative offense for contempt of court or the Constitutional Court. It has been indicated that, unlike the established affirmation, the object of an administrative offense is not public relations in the field of judicial proceedings, but their specific element – it is the obligation of participants of the trial to comply with the established rules of conduct as part of the content of procedural legal relations. It has been clarified that the action, as a feature of the objective aspect of the offense under the Art. 185-3 of the Code of Ukraine on Administrative Offenses can be manifested either in the action or omission. The main possible manifestations of actions and omission as manifestations of contempt of court or the Constitutional Court of Ukraine have been highlighted. The author has supported propositions on formalization of general rules of conduct in court and during court hearings. The author has proved the necessary to study the correlation of procedural and administrative offences committed during a court hearing, as well as the ratio of procedural coercive measures with administrative liability measures for contempt of court or the Constitutional Court of Ukraine. The author has clarified the expediency to unify approaches on determining the concept of “malicious evasion from appearing in court” in terms of the multiplicity of committing the offense. It has been stated that subjects of an administrative offense for contempt of court can be divided into general and special ones. It has been emphasized that an expert as a special subject of an administrative offense under the Art. 185-3 of the Code of Ukraine on Administrative Offenses is solely responsible for contempt of the Constitutional Court of Ukraine. Therefore, the author has offered to admit an expert as a special subject of administrative liability for contempt of court.

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Toporetska, Z. "CRIMINALISTICS CHARACTERISTICS OF ILLEGAL ENRICHMENT." Criminalistics and Forensics, no. 64 (May 7, 2019): 305–19. http://dx.doi.org/10.33994/kndise.2019.64.27.

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In the article based on the analysis of scientific literature on criminology, criminal process and taking into account the actual changes to Art. 368-2 of the Criminal Code of Ukraine, the Law of Ukraine “On Prevention of Corruption” have analyzed the criminalistics significant indications of illegal enrichment. The purpose of this article is to study within its scope the criminalistics significant indications of illegal enrichment. The authors consider the criminalistics characteristics of the crime as a system containing a set of forensic significance features that are inherent in a particular type of crime. Like any systematic education, the forensic description of crimes consists of interconnected components – elements. The specified elements are not isolated, but connected with certain correlation links, determined by the sequential placement of elements in accordance with the sequence of deployment of criminal activity, starting from the position: 1) the identity of the offender acting in the direction 2) the choice of the object of the attack, 3) in in certain conditions, 4) by applying certain methods, 5) causing the corresponding effects in the form of a set of tracks and damage. The article analyzes the following elements of the forensic character of illegal enrichment: the person of the offender, the subject of a direct criminal offense, the method of committing a crime, a trace pattern. The indicated elements are linked by correlation bonds, which reflect the dynamic, “phase” nature, due to the sequential placement of elements in accordance with the sequence of deployment of criminal activity. Forensic characteristics of illegal enrichment help to distinguish this offense from other official and corruption crimes. Forensic characteristics of illegal enrichment facilitate the determination of a range of circumstances to be proved in a criminal proceeding for crimes of this kind and the planning of their investigation. At the same time, while investigating crimes of this kind, there are a number of problems that require further resolution, and therefore this issue requires a separate scientific study, which will be the subject of further research. Key words: criminalistics, criminal process, forensic characteristic, illegal enrichment.

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3

Balekina, Violetta Mikhailovna. "Correlation between administrative responsibility for dissemination of deliberately misleading information and legal guarantees of freedom of expression and press freedom." Административное и муниципальное право, no. 6 (June 2021): 21–31. http://dx.doi.org/10.7256/2454-0595.2021.6.37330.

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This article examines the problem of correlation between the guarantees of freedom of expression and press freedom and the ban on dissemination of deliberately misleading information, established by the Part 10.1 of the Article 13.15 of the Code of Administrative Offenses of the Russian Federation. Based on the use of relevant general scientific and special legal methods, the author reveals the peculiarities of administrative responsibility for the dissemination of deliberately misleading information, as well as determines the problematic aspects of the current legal regulation. Analysis is conducted on the composition and elements of an administrative offense set by the Part 10.1 of the Article 13.15 of the Code of Administrative Offenses of the Russian Federation. For establishing correlation between the guarantees of freedom of expression and press freedom and the ban on dissemination of deliberately misleading information, relying on the theoretical material and practice of application of the norms of the Administrative Code of the Russian Federation, the author covers the aspects of formulation of the categorical apparatus of the indicated norm, proportionality of the specified administrative responsibility and difficulties of proving the guilt of the offender. The scientific novelty consists in the fact that this topic has not previously become the subject of separate research. The author formulates the provisions, according to which the current version of the Administrative Code of the Russian Federation with regards to the norm set by the Part 10.1 of the Article 13.15 allows for extensive interpretation of information prohibited for dissemination, and makes it virtually impossible to prove the falsity of disseminated information. The conclusion is made that the application of the norm set by the Part 10.1 of the Article 13.15 of the Code of Administrative Offenses of the Russian Federation may entail the restriction of guarantees of the freedom of expression and press freedom.

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Nagorichna, O., S. Kapitanets, and E. Moldovan. "Administration of the system for prevention and counteraction to customs offenses in Ukraine." Fundamental and applied researches in practice of leading scientific schools 28, no. 4 (September 1, 2018): 98–102. http://dx.doi.org/10.33531/farplss.2018.4.18.

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The author's model of the system for prevention and counteraction to customs offenses is presented in the article for the first time. It is shown that this system is a two-element set, the components of which are the legal and regulatory framework in this area, and the state authorities authorized to perform state functions in the customs sphere that interact with each other and the external environment in order to ensure prevention and counteraction to the violation of customs rules. Two types of connections between elements of the system of prevention and counteraction to a customs offense are shown – unilateral and bilateral ties. The principles of administration of the preventing system and counteracting customs offenses in the Ukrainian state are analyzed by analyzing the content of such an element of the system as the state authorities in the customs sphere. As a result of this analysis, it has been established that in Ukraine, the prevention and counteraction of customs offenses is most urged by SFS. It was found out that in Ukrainian practice of preventing and counteracting customs offenses, SFS plays a predominantly preventive, prophylactic role rather than punitive role in studying the purpose and functional load of SFS. The author's vision of interconnectedness and interdependence of ties between the elements of the system of prevention and counteraction to customs offenses is developed: at the normative and legal level, tasks, functions, rights and responsibilities of SFS are fixed, while the latter holds the norm-setting initiative and implements it, thus changing the state and meaningful content of regulatory and legal support.

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Boivin, Rémi, and Maurizio D’Elia. "A Network of Neighborhoods." Journal of Research in Crime and Delinquency 54, no. 6 (April 27, 2017): 824–46. http://dx.doi.org/10.1177/0022427817705935.

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Objectives: Criminal target choice has been described as a multistage process: An offender first selects a suitable area from a set of alternatives and then chooses a specific target. This article studies area selection and attempts to distinguish between crime generators/visit detractors (elements that could affect anyone) and crime attractors/offense detractors (elements that affect offenders specifically). Methods: Trips that resulted in violent or property crimes between 506 census tracts in a large city ( n = 11,411) are analyzed. Multilevel negative binomial regression is used to assess the impact of measures relating to pairs of tracts and characteristics of destination tracts. Results: Various factors are significantly related to the number of crime-associated trips per pair of tracts: differences in reward (residential and visiting population size, presence of schools or bars), differences in effort (distance between tracts, major roads linking both tracts), and differences in risk (level of social disorganization). Conclusions: This article supports an “opportunistic perspective” on crime: Crime-associated trips are more likely when advantages are high and risks and efforts are low.

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6

Agustina, Hurip, Dadang Suprijatna, and Aal Lukmanul Hakim. "ANALISIS YURIDIS TINDAK PIDANA PENGGELAPAN YANG TIMBUL DARI HUBUNGAN SEWA MENYEWA MOBIL DIKAITKAN DENGAN PASAL 372 KUHP." DE RECHTSSTAAT 2, no. 2 (September 1, 2016): 201–16. http://dx.doi.org/10.30997/jhd.v2i2.675.

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Crime embezzlement car rentals are lately often devastating car rental owner. This is an issue where the meaning of a rule of law if the crime committed community can not be followed by the rule of law, such as crimes by way of evasion is one of the types of crimes against human wealth which is stated in Article 372 of the Criminal Code, which is a crime that does not exist inexhaustible, both from the bottom layer to the top layer of society can also be committing a criminal act embezzlement is a crime that originated from the existence of a trust in others, and that trust is lost because of the lack of an honesty. It is stated that the crime of embezzlement have a problem that is closely linked to attitudes, moral, mental, honesty and trust humans as individuals. The purpose of this study are as follows: 1) To determine and analyze the occurrence of the crime of embezzlement car rental. 2) To know and analyze the application of Article 372 of the Criminal Code the crime of embezzlement in the rental car. 3) To know and analyze the efforts of the police in preventing crime of embezzlement car lease. This study uses normative juridical approach that is used to make the description clear, systematic, transparent and precise about the facts / specific nature of the area and population which is then analyzed to obtain the desired facts. Criminal offense embezzlement rental car can be imprisoned if they meet the overall elements of the offenses charged by the public prosecutor and the offender accountable for his actions. If the offender does not meet one of the elements of which the accused, then it can not be convicted. The elements of criminal responsibility are: 1) committing illegal or criminal acts; 2) for the criminal should be able to be responsible; 3) to have a fault; 4) absence of an excuse. The conclusion from this study is the adoption of Article 372 of the Criminal Code in criminal offenses of embezzlement car rental where the incidence of criminal acts committed tenants for the rented goods belonging to the owner of the rental rights because of misuse or abuse of trust in which the crime of embezzlement are set in the provisions of Article 372 of the Criminal Code.

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7

Serhieieva, D., and Z. Toporetska. "Criminalistics characteristics of official forgery." Herald of criminal justice, no. 3 (2019): 90–99. http://dx.doi.org/10.17721/2413-5372.2019.3/90-99.

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In the article, based on the analysis of scientific literature on criminalistics and criminal process, the analysis of criminalistics characteristics features of official forgery. It is justified that official forgery is a crime that is used to commit the majority of corruption crimes. In most cases, the causes and conditions of its commission are related to the factors that contribute to the commission of corruption and official misconduct, as in most cases, official forgery accompanies them. The purpose of this article is to study the criminalistics characteristics of office counterfeiting. The criminalistics characteristic of the crime is considered by the authors as a system containing a set of forensic significance features inherent in a certain type of crime. Like any system education, criminalistics characterization of crimes consists of interconnected components – elements. The indicated elements are not isolated, but connected with certain correlation links, determined by the sequential placement of elements in accordance with the sequence of deployment of criminal activity, starting from the position: 1) personality of the offender acting in the direction 2) the choice of the object of the criminal offense, 3) in a certain environment, 4) by applying certain methods, 5) causing the corresponding effects in the form of a set of tracks and damage. The following elements of f criminalistics characteristics of official forgery are analyzed in the article: the identity of the offender, the subject of direct criminal assault, the method of committing the crime, the following picture. The criminalistics characteristics of official forgery allows to distinguish it from other crimes, in particular from forgery of documents, as well as crimes committed through forgery. The criminalistics characteristics of official forgery facilitates the identification of the circumstances to be proven in criminal proceedings for crimes of this kind and the planning of their investigation. At the same time, during the investigation of crimes of this kind, there are a number of problems that need further resolution, and therefore the issue requires separate scientific research, which will be the subject of further scientific research.

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8

Антонюк, О. А. "CRIMINAL CHARACTERISTICS AS AN ELEMENT OF THE METHODOLOGY OF INVESTIGATION OF CRIMINAL OFFENSES AGAINST PUBLIC ORDER." Juridical science, no. 3(105) (March 30, 2020): 5–11. http://dx.doi.org/10.32844/2222-5374-2020-105-3.01.

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The relevance of the article is that the forensic characteristics should be based on the study of materials of criminal cases and proceedings, as well as have a direct practical direction. That is, to solve specific tasks of the investigation: to provide opportunities for the development of versions, to build correlations between individual elements, to ensure better planning of the investigation, and so on. Otherwise, it will really be a "phantom", ie an ineffective tool of investigation. At the same time, scientists continue to investigate illegal acts in terms of constructing their forensic characteristics. The scientific article is devoted to the study of some aspects of the investigation of criminal offenses against public order. The peculiarities of forensic characteristics as an element of the methodology of investigation of a certain category of criminal offenses are considered. The author emphasizes that the forensic characteristics should be based on the study of materials of criminal cases and proceedings, as well as has a direct practical direction. That is, to solve specific tasks of the investigation: to provide opportunities for proposing versions, building correlations between individual elements, ensuring better planning of the investigation, and so on. Otherwise, it will really be a "phantom", ie an ineffective tool of investigation. At the same time, scientists continue to investigate illegal acts in terms of constructing their forensic characteristics. In our opinion, this is really important for the methodology of investigation of any criminal offense, so we will try to solve the problem of its construction in the studied category of actions: against public order. The notion of forensic characteristics is formulated as a set of data on forensically important features and properties of an illegal act, which is due to the natural connections between its individual elements and provides construction and verification of versions to solve specific problems of criminal proceedings.

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9

Danilov, E. O. "Problems of Holding Subjects of Medical Activity Responsible under Administrative Law." Actual Problems of Russian Law, no. 7 (August 25, 2019): 27–34. http://dx.doi.org/10.17803/1994-1471.2019.104.7.027-034.

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Analysis of normative acts, law enforcement practice and legislative activity indicates the existence of a set of problems concerning imposition of administrative responsibility on subjects of medical activity. Despite the fact that Chapter 6 of the Code of Administrative Offences of the Russian Federation provides for specific elements of offences that are detrimental to the human health, subjects of medical activity are often brought to administrative responsibility for different elements. At the same time, the current Administrative Offences Code of the Russian Federation does not contain rules regarding responsibility for performing illicit medical activity. While considering the cases of imposing administrative responsibility on medical organizations, we raise questions about qualification of offenses imputed to them, which is of particular importance in view of the existing duplication of powers of supervisory bodies. Another problem arises due to the imperfection of normative documents (in particular — the procedures for rendering medical care), for non-compliance with which medical organizations are held accountable. A draft law on improving administrative responsibility in the health sector, which is being considered by the State Duma, does not offer a solution to this problem, but without sufficient justification introduces duplicative special elements of crime into the Code of Administrative Offences of the Russian Federation.

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10

Kachalia, Allen, Niteesh K. Choudhry, and David M. Studdert. "Physician Responses to the Malpractice Crisis: From Defense to Offense." Journal of Law, Medicine & Ethics 33, no. 3 (2005): 416–28. http://dx.doi.org/10.1111/j.1748-720x.2005.tb00509.x.

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Medical science brings innovations in patient care at an astounding pace today - new chemotherapeutic agents, coated stents, and minimally invasive surgery are just few recent examples. For physicians, though, the specter of malpractice liability can overshadow the marvel of practicing in this era. Many physicians are working in a volatile liability environment; they face spiraling costs for malpractice insurance, have difficulties purchasing liability coverage at any price, and see record payouts in a growing number of claims against their colleagues. The American Medical Association (AMA) has declared that at least 20 states are currently in a malpractice “crisis,” with another 24 states showing early signs of an impending crisis.There have been two comparable periods of instability in the last thirty years, but these predecessor crises differ from the current one in important ways. First, while physicians mainly experienced dwindling options for obtaining coverage in the mid-1970s (i.e., availability) and exorbitant prices in the mid-1980s (i.e., affordability), the current crisis appears to have elements of both availability and affordability.

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Khridochkin, Andrii, and Petro Makushev. "ADMINISTRATIVE OFFENCE IN THE FIELD OF INTELLECTUAL PROPERTY AS THE GROUND FOR ADMINISTRATIVE LIABILITY." Administrative law and process, no. 1 (28) (2020): 19–29. http://dx.doi.org/10.17721/2227-796x.2020.1.02.

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The article deals with homogeneous group of administrative offences - administrative offences in the field of intellectual property as a basis of administrative liability. It is emphasized that the objective features of this administrative offence are its social harm, wrongfulness and punishment, and subjective ones are guilt and subjectivity. It is emphasized that only in the presence of all these features can one speak of qualifying an individual’s act as an administrative offence and resolving the issue of bringing him to administrative liability. The definition of the term “administrative offence in the field of intellectual property” is proposed as envisaged by the legislation on administrative liability of socially harmful, unlawful, guilty act, committed by the subjects of such unlawful acts that encroach on the set of property and personal non-property rights to the intellectual results. It is established that all warehouses of administrative offences in the field of intellectual property (art. 51-2, 107-1, 156-3 (in the part concerning intellectual property objects), 164-3, 164-6, 164-7, 164-8, 164-9, 164-13) there are such elements as objective signs and subjective features, which in their unity form the composition of administrative offences of this group. It is noted that the only generic object of these administrative offences is the group of public relations of intellectual property, which are protected by the law on administrative liability, and the subject of this group of public relations are objects of intellectual property. It is proved that the objective side of administrative offences in the field of intellectual property is a set of ways of infringement of intellectual property rights. Attention is drawn to the fact that in practice the violation of intellectual property rights to different objects has different economic, social and legal consequences, and therefore the degree of their social harm is different, and therefore there is a need to differentiate administrative liability depending on the intellectual property. Subjective signs of the administrative offences of this group, which are represented by their subject, are established, and the subjective side is characterized by the fact that they are committed only intentionally.

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Shelenina, K. G. "Traces of murders committed by convicts in prison." Legal horizons, no. 18 (2019): 104–9. http://dx.doi.org/10.21272/legalhorizons.2019.i18.p104.

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The concept of “forensic characteristics of crimes” has long been among the basic concepts of forensic theory and practice. The content of this concept is a systematic set of data about the crime, elements of its composition that are relevant for the identification and exposure of the perpetrator – the location, time, method, traces of the crime, and other circumstances of the subject of evidence, as well as related facts. Particularly serious criminal offenses represent one of the most difficult categories of crimes in terms of their detection and investigation. Often this is due to miscalculations and mistakes in the conduct of primary investigative and search operations, the lack of adaptation of existing private forensic techniques to the realities of modern crime in this field. Most often, the primary measures to identify the perpetrators of the murder of a person are haphazard in nature, conducted without involving the entire arsenal of tactical and criminalistic tools. Sometimes this leads to the loss of the necessary evidence and the lack of efficiency of the enormous amount of work. Detection of certain traces at the scene of the murder, their subsequent fixation, and seizure contribute to the emergence of possible forensic versions, as well as with their help it is possible to distinguish the key signs of the murders committed and consider the evidenced evidence in a specific context. The traces allow us to draw conclusions about the nature, motives, and mechanism of the criminal offense, the identity of the offender, his characteristic physical and psychological characteristics, which are extremely important in the investigation of the killings. Murders committed by convicts in prisons, like any other, cannot be committed without a trace, ie they leave behind in the environment as traces. Which is direct evidence when investigating such a category of crimes. Analyzing the scientific literature and taking into account the practice of law enforcement agencies, the concepts of traces, bases of classification, differentiation of concepts “trace picture”, “typical trace picture”, “typical traces”, division of trace pictures into groups of traces were investigated and revealed. Keywords: trace picture, crime, murder, places of imprisonment, traces.

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13

Korzh, V. "CRIMINALISTIC CHARACTERISTICS OF CORRUPTION CRIMES: THEORETICAL AND PRACTICAL ASPECTS." Criminalistics and Forensics, no. 66 (2021): 271–85. http://dx.doi.org/10.33994/kndise.2021.66.22.

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The article deals with the current trends in the development of the forensic doctrine of the forensic characteristics of crimes, analyzes the controversial issues of its structural elements. The concept of the forensic characteristics of crimes as an information database on forensic significant signs of a crime, obtained as a result of generalization of investigative and judicial practice. Its main elements are investigated: 1) the subject of criminal encroachment; 2) information about the identity of the offender; 3) characteristics of typical methods of crime; 4) information about the situation in which the crime was committed; 5) typical traces of a crime; 6) information about the identity of the complainant (victim). The problem of development of the forensic characteristics of corruption crimes is investigated, discussion questions about the concept and the main structural elements are analyzed. It is summarized that the forensic characteristics of corruption crimes is an information database obtained as a result of generalization of the investigative and judicial practice on forensic significant signs of corruption crimes, a special subject of criminal encroachment, specific ways of providing corruption services, a specific environment, typical traces, corruption ties, knowledge of which contribute to the construction and verification of versions, determination of the direction of the investigation. In practical terms, the forensic characteristic of corruption crimes is a kind of information model, a set of information about the specified type of crime, the use of which in a specific situation will help the investigator to quickly and promptly make the correct tactical decision on the methods of investigation, the use of tactics and technical means when planning investigative and search actions. forensic operations. The main structural elements of the forensic characteristics of corruption crimes have been determined. These are: 1) the specific area of the criminal offense; 2) a special subject of a corrupt act; 3) specific ways of providing corruption services; 4) the specific situation in which the act of corruption is committed; 5) specific traces of corruption crimes; 6) corrupt ties with the organizers of the shadow and criminal business. It was stated that the organizers of the shadow and criminal business strive to have “their own” people, both in the bodies of state power, administration, and a cover (“roof”) in law enforcement bodies. Corrupt officials receive corruption rewards (“kickbacks”) for providing corrupt services. They, using their power, official powers, perform certain actions (or fail to act) in the interests of the shadow and criminal business in order to ensure corruption assistance, corruption patronage, corrupt security, corruption protectionism, corruption intervention, corruption lobbying, corruption counteraction. It is summarized that the stated theoretical provisions of the forensic characteristics of corruption crimes, its main structural elements have a certain scientific and practical significance.

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Chaplynska, Yu A. "THE IDENTITY OF THE OFFENDER AS AN ELEMENT OF THE FORENSIC CHARACTERISTIC OF THE CRIME." Actual problems of native jurisprudence, no. 06 (March 2, 2020): 187–90. http://dx.doi.org/10.15421/3919122.

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Анотація:

The scientific article deals with some aspects of crime investigation. The identity of the offender is considered as an element of forensic characteristics. Investigating the identity of the offender provides the investigation with a number of additional features. The identity of the offender as an element of forensic characteristics is a set of socially significant features and attitudes that characterize a person guilty of violating the criminal law, in combination with other conditions and circumstances affecting his criminal behavior. In particular, the information about it allows to distinguish the data necessary for the organization of the most effective search of the person who committed the crime, and subsequently – its exposition, provide elimination of the causes and conditions of committing criminal offenses and their recidivism. And during the conduct of investigative (search) actions – the possibility of effective establishment of psychological contact, the use of appropriate tactical techniques. In order to construct an effective forensic characteristic, elements must be identified that have a clear investigative focus and can help determine further directions of the investigation. Therefore, it is indisputable to distinguish in the structure of forensic characteristics of crimes such component as the person of the offender. By identifying its characteristic features, it becomes possible to build versions at the initial stage of the investigation, to use certain tactical techniques in the course of procedural actions. A forensic investigation of an individual consists of establishing forensically relevant information about the offender and other participants in the investigation process. Investigation of the identity of the offender as an element of forensic characteristics, allows to accumulate in the portrait of the likely offender his characteristic features. Creating a forensic portrait is important enough for the whole investigation process. In any case, it allows you to put forward certain versions and search for the person who disappeared from the scene, as well as the possibility of qualitative procedural actions.

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Husieva, V. O. "Forensic Support for Investigating Criminal Offenses Committed against Law Enforcement Officers: Concept and Components." Bulletin of Kharkiv National University of Internal Affairs 94, no. 3 (September 29, 2021): 243–53. http://dx.doi.org/10.32631/v.2021.3.22.

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Анотація:

The subject matter of the research is the features of forensic support for investigating criminal offenses committed against law enforcement officers. The purpose of the article was to define the concept, content, structure of forensic support for investigating criminal offenses committed against law enforcement officers, as well as to reveal its components. Special research methods have been used in order to achieve the set purpose, namely: the method of system analysis, comparative and legal method, system and structure method and the method of forecasting. It has been emphasized that the need of studying forensic support for investigating criminal offenses committed against law enforcement officers is due to the need to provide them with effective counteraction. According to the results of the conducted research, it has been established that the forensic support for investigating criminal offenses should be defined in two aspects – as a scientific category and as an applied one. Definitions of this concept in the specified aspects have been defined. It has been established that the constituent elements of forensic support for the investigation are defined by scholars ambiguously. In general this issue is one of the most controversial in criminalistics. It has been determined that the constituent elements of forensic support for investigating criminal offenses committed against law enforcement officers are: regulatory, organizational and personnel, educational and methodological, technical and forensic, information and reference support. The author has provided a brief characteristic to each of the component identified in the article and has determined the main problems that arise during its implementation while investigating criminal offenses of the studied category, and possible ways to solve them. It has been emphasized that this research only attempts to define the concept and components of forensic support for investigating criminal offenses committed against law enforcement officers, and emphasizes that certain categories require further in-depth research.

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Kulkarni, Siddharth, Hannah Wood, Michael Lloyd, and Gustavo Hormiga. "Spider‐specific probe set for ultraconserved elements offers new perspectives on the evolutionary history of spiders (Arachnida, Araneae)." Molecular Ecology Resources 20, no. 1 (October 28, 2019): 185–203. http://dx.doi.org/10.1111/1755-0998.13099.

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17

Kumar, Anushka, Vishnudas S, and R. Kayalvizhi. "Using Mapreduce Techniques to Predict and Examine Crime Pattern." International Journal of Engineering & Technology 7, no. 3.12 (July 20, 2018): 43. http://dx.doi.org/10.14419/ijet.v7i3.12.15860.

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Анотація:

The evolution of computer structures and networks has created an alternative set for crook acts, extensively known as the crime. Crime incidents occurrences of specific criminal offenses lead to a heavy risk to the world economy, protection, and well-being of society. This paper provides complete information of crime incidents and their corresponding offenses combining a sequence of strategies in line with the appropriate literature. Initially, this paper evaluates and identifies the alternatives to crime incidents, their individual components and proposes a combinatorial incident-description schema. The schema offers the chance to systematically blend various elements or crime traits. Moreover, a complete listing of crime-associated offenses is provided in this paper. So, to increase the performance of crime detection, it is essential to choose the data mining strategies appropriately. Hadoop enables to solve the crime as a radical expertise of the repetition and underlying criminal activities. Using Hadoop, we can locate the specific city and analyze the crime patterns, based on that give preventive measures to people.

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Law, Fang Mei, and Gwo Jen Guo. "Choice and Hope." International Journal of Offender Therapy and Comparative Criminology 61, no. 3 (July 28, 2016): 310–33. http://dx.doi.org/10.1177/0306624x15596392.

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Hope theory identifies goal, pathway, and agency as essential elements of hope that promote and maximize the effectiveness of treatment. Much significant evidence has indicated that hope is a strong predictor of substance involvement recovery. This study aimed to test the effectiveness of choice-based reality therapy in strengthening hope in recovery for women convicted of drug offences in Taiwan. The participants in the substance involvement treatment program were 44 incarcerated women convicted of drug offences, who were randomly selected and randomly assigned to equal-sized experimental and control groups. The results of the study, obtained by ANCOVA analysis, showed significant differences between the two groups in the posttest scores for sense of hope as measured in the subscales of goal setting and pursuing, adequate energy, and controlling pathway. The effect size values of the three variables suggested a moderate practical significance. The evidence provided in the present study indicates that, upon completion of the choice-based reality therapy for substance involvement, when compared with those who had not yet attended the program, Taiwanese women convicted of drug offences reported a significantly higher level of hope. Hope was measured by their ability in setting goals and overcoming obstacles and persistence in pursuing the goals they had set up, energy for recovery, and their capacity to set up pathways based on their goals. The findings highlight the value of choice-based reality therapy in enhancing hope of recovery for women convicted of drug offences.

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Ghazala Yasmin Jalil. "China’s Rise: Offensive or Defensive Realism." Strategic Studies 39, no. 1 (April 24, 2019): 41–58. http://dx.doi.org/10.53532/ss.039.01.00118.

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Анотація:

China’s rise has been the greatest development of the 21st century. It has emerged as the second largest economy in the world, a country with a modern army and nuclear weapons. China’s rise has come to be seen as a major threat by the West and especially the US. Most scholarly debates predict that it will lead to a conflict between China and the US. Set in this context, this paper takes John Mearsheimer’s theory of offensive realism, which predicts intense competition and conflict between China and the US and examines China’s behaviour as a rising power against it. The paper finds that far from being an aggressive, hegemonic and a revisionist state, China is a status quo power that aims to preserve its position in the international system rather than upset it. The paper argues that China’s behaviour displays elements of defensive rather than offensive realism.

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20

Khoeini, Ghafour, and Ali Reza Shekarbeigi. "Repressive Approach Incustoms Crimes." Journal of Politics and Law 10, no. 1 (December 29, 2016): 13. http://dx.doi.org/10.5539/jpl.v10n1p13.

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Анотація:

Customs regulations determined in each country, regarding monitoring the import and export of goods and payment of customs duties are a critical source of government revenue. Naturally, people regarding economic gains as well as import and export of prohibited goods, the customs regulations are violated. So initially it is necessary to define the recognition and awareness of customs offenses. Then check the rules and regulations relating to customs matters and deal with violations of customs law can shed light on these crimes, criminal policy governing the use of the penal system and the principles and techniques of successful experiences of other judicial systems, to set a modern criminal policy, be consistent and purposeful action. Understanding the elements and items of the crime are also useful in the fight against this criminal phenomenon.

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Lisnyak, Anton. "Typical investigative situations during the investigation of mass riots." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (December 29, 2020): 342–246. http://dx.doi.org/10.31733/2078-3566-2020-4-342-346.

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Анотація:

The article highlights the features of the investigation of mass riots. Typical investigative situations during their investigation and the most expedient algorithms of actions of police officers for faster investigation of a criminal offense have been considered. The author has emphasized that a typical investigative situation is a set of circumstances to be proved in criminal proceedings on a crime, other circumstances that have arisen in the course of inves-?igative actions, officially and informally established, perhaps even in conjunction with the escalation of contradictions between participants, sub ' objects of forensic activity and other persons. The author maintains that taking into account the typical and individual in the investigation of each specific criminal proceeding makes this process more effective. The role and significance of investigative situations are primarily due to the fact that they are a model for clarifying the unknown elements of a particular situation; their separation and consideration allows during practical activities to save time to determine the feasibility of certain measures in the investigation of crimes. In the typical initial investigative situations of certain types of crimes developed by criminologists, data are concentrated that allow to develop scientific recommendations for the most effective promotion of general and individual versions in the course of investigative activities. Therefore, the typification of the initial investigative situations is an extremely important task that will contribute to the development of effective methods for investigating riots, as well as effective practical activities for the investigation of crimes of this kind. The author has noted that in the investigation of mass riots, the amount of evidence that can be seized during the effective conduct of investigative (search) actions and other measures is quite significant. The initial investigative situation includes a number of stages, the passage of which means its solution. Each of them has its own tasks and ways to solve them. Based on the analysis of a number of scholars’opinions and materials of criminal proceedings, the author identified typical investigative situations of the initial stage of the investigation of mass riots.

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22

Bilyk, T. V. "Structure of Forensic Characteristics of Murdering Hostages or Kidnapped Persons." Law and Safety 76, no. 1 (February 20, 2020): 101–6. http://dx.doi.org/10.32631/pb.2020.1.14.

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Анотація:

The concept and structure of forensic characteristics of crimes against human life and health have been analyzed. Based on the conducted study, the author has offered to define the forensic characteristics of a crime as the system of information about certain types of crimes with a structure consisting of a set of forensically significant elements that help the fastest investigation of the crime. Studying this issue, we came to the conclusion that the structure of forensic characteristics of the murder of hostages or kidnapped persons is currently insufficiently studied. Accordingly, the purpose of this work is to analyze research and to build a structure of forensic characteristics of the murder of hostages or kidnapped persons. Based on the conducted research, the following elements of the forensic characteristics of the murder of hostages or kidnapped persons have been identified: 1) the method of committing the murder of hostages or kidnapped persons (preparation, commission, concealment); 2) the situation and mechanism of committing the murder of hostages or kidnapped persons (place as part of the material environment, which includes, besides the premises and areas, a set of different items); 3) the subject matter of the crime, the subject matter of criminal encroachment, or, as it is also called, the subject matter of criminal interest; 4) features of committing murders (trace picture); 5) forensic characteristics of the offender (physical, socio-demographic data, etc.); 6) forensic characteristics of the victim.

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23

Dumchykov, M., O. Bondarenko, and M. Utkina. "GENERAL ISSUES OF FORENSIC CHARACTERIZATION OF MONEY LAUNDERING." Criminalistics and Forensics, no. 66 (2021): 380–97. http://dx.doi.org/10.33994/kndise.2021.66.29.

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Анотація:

The purpose of the article is to analyze approaches to the formation of the essence and constituent elements of the forensic characteristics of the legalization of corruption proceeds (Article 209 of the Criminal Code of Ukraine), to highlight and describe the elements of the forensic characteristics of this criminal offense. Forensic characteristics play a special role in the very structure of the methodology for investigating a criminal offense of this type. A successful and comprehensive study of the circumstances of a criminal offense largely depends not only on the correct definition of the criminal-legal signs of an act, but also on the investigator’s understanding of the criminalistics nature of the corresponding offense. The analysis of publications indicates the presence of a number of disagreements between the authors in the construction of the forensic characteristics of the legalization (laundering) of proceeds from crime. Comparison of the existing doctrinal approaches to understanding the structural elements of the forensic characteristics of the legalization of funds obtained by criminal means, made it possible to form the author’s approach. According to the authors of the article, the forensic characteristics of the legalization (laundering) of incomes obtained as a result of the commission of a criminal offense should include both basic and additional elements. The main elements of the forensic characteristics of legalization are proposed to include the following: typical traces of a criminal offense; its subject; the way of committing such an offense. Additional, according to the authors of the article, it is advisable to include the following: the subject of a criminal offense; the time of its commission; the area in which the offense is committed; the environment of the criminal offense; source of origin of “dirty money”. The proposed elements of the forensic characteristics of a criminal offense can be the starting point in the development of an effective methodology for investigating money laundering.

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24

Dmytrenko, S. "Administrative and legal provision of implementing the law enforcement function in the taxation sector: experience of the European Union and perspectives for its adaptation in Ukraine." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 2(46) (December 14, 2020): 52–56. http://dx.doi.org/10.20535/2308-5053.2020.2(46).226712.

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Анотація:

The author of the article has established that the law enforcement function, like all other functions, has its own mechanism of the implementation, which is based on a set of legal, organizational, economic and material elements. The system of such elements must meet the tasks that are set for the country at the present stage of state formation. It has been substantiated that administrative and legal provision of implementing the law enforcement function of the state in the taxation sector is a specific type of legal influence of administrative and legal forms and means, which together constitute a mechanism of administrative and legal regulation of implementing the law enforcement function of the state in the taxation sector, on the activity of corresponding subjects in order to ensure their normal functioning and effective performance of the duties assigned to them in the field of law and order, protection and defense of the rights and freedoms of citizens, combating offenses during the application of tax legislation. It has been clarified that the law norms provide interaction between the executive authorities and citizens in all spheres of public life, in particular law enforcement sphere and taxation sector, which in modern conditions determine the main criterion for assessing the quality of state policy. The essence of adaptation of the national legislation has been revealed. It has been proved that there is a sufficiently developed legal base in Ukraine, which regulates the main aspects for the adaptation of national legislation to the legislation of the European Union (in particular, in the sphere of implementing the law enforcement function of the state in the taxation sector). The author has determined the main steps in the direction of ensuring the effective functioning of administrative and legal mechanism for the provision of the implementation of the law enforcement function of the state in the taxation sector. It has been offered to make changes to the methodology and planning process on the adaptation of the current national legislation in the taxation sector.

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Полухина, А. Н., та В. В. Сыроижко. "Мероприятия налогового контроля и виды налоговых правонарушений". ТЕНДЕНЦИИ РАЗВИТИЯ НАУКИ И ОБРАЗОВАНИЯ 70, № 3 (2021): 124–27. http://dx.doi.org/10.18411/lj-02-2021-105.

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Анотація:

The formation of budgets at the federal and local levels is associated with the payment of taxes by individuals and legal entities. Authorized persons of the tax authorities should be prepared for constant changes in the field of tax control. Tax control is a part of financial control, as well as one of the main types of state control. Tax officials check the correctness, timeliness and completeness of the payment of taxes and fees. This type of control is a means of preventing and detecting offenses and crimes, including tax ones, and also provides for the responsibility of persons who have violated tax legislation. The effectiveness of the control depends on the correct forms, types and methods of tax control. In order to respect the legitimate rights and interests of individuals and legal entities, tax control measures must comply with the rules and procedures provided for by law. Liability for tax offenses is a set of coercive measures that are applied as a punishment for violators in cases and in accordance with the procedure established by law. It is a type of legal liability and must meet the same requirements as other types of liability, in particular criminal, civil and disciplinary rights. Otherwise, the results obtained during the inspection, can be considered invalid. Tax control is one of the main elements of the functioning of the tax system, as well as one of the guarantors of legality in the field of taxation, as well.

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26

PĂUN, D., and L. PĂUN. "Permissive and Limiting Factors in the Game of Football – 1-4-3-3." Bulletin of the Transilvania University of Braşov Series IX Sciences of Human Kinetics 14(63), no. 2 (2021): 73–80. http://dx.doi.org/10.31926/but.shk.2021.14.63.2.8.

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Анотація:

Tactical components brought in the game vocabulary words like placement, strategy, positive or negative transition, fluency, ball line, covered or uncovered ball, words that bring improved importance versus other components of training, obviously without underestimating their importance in football. In the football game, a player’s placement depends on tasks drawn by the coach on the offensive and defensive phases. The game result is submitted, by the weather, the field surface, superiority or inferiority of players on the field. There are some elements of success, like a play without the ball, balanced position of the field, the movement of the ball played faster towards players (who move simultaneously to take possession) continuous players’ movement on the field. That is in order to offer the player a solution for passing the ball, while the others set on the free space, doubled by movements related to the zone of the ball, pressing the opponents on the defensive phase by closing spaces and lanes, so giving a few solutions for tactical game system 1-4-3-3.

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Ivan, Mari Claudia. "Desertion, a Continuing Omissive Offense." International conference KNOWLEDGE-BASED ORGANIZATION 22, no. 2 (June 1, 2016): 337–43. http://dx.doi.org/10.1515/kbo-2016-0057.

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Анотація:

Abstract In the study, the author analyzes the offense of desertion, based on its features, on the constitutive elements of its legal contents and other essential conditions required by the crime. Being a crime by omission, the desertion is committed by not doing activities which are ordered by law (”passivity to legal orders”).

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28

Yarova, A. E. "Administrative and legal support preventing and resolving conflicts of interest in the sphere of healthcare: scientific and terminological search." Uzhhorod National University Herald. Series: Law, no. 67 (January 16, 2022): 230–35. http://dx.doi.org/10.24144/2307-3322.2021.67.44.

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Анотація:

The article deals with the study of administrative and legal support aimed at preventing and settling conflicts of interest in the field of health care, demonstrates their structure, mechanism and preset concepts. The article contains the author's definition of the legal structure "administrative and legal support for the prevention and settlement of conflicts of interest in health care field" as a set of actions of authorized entities, which has a targeted impact on identifying and eliminating conflicts between private and public interests of entities acting in the field of health care by means of a regulating mechanism, which is implemented through norms, relationships, means, forms and methods of administrative and legal influencing, in order to protect and safeguard human rights, freedoms and interests, as well as to preempt conditions for committing offenses related to corruption in the field of health care. It has been concluded that health care is a system of legal, socio-economic and treatment-and-prophylactic measures and technics aimed at preserving, strengthening and restoring human physical and mental health. Emphasis is placed on the fact that the mechanism of administrative and legal support for the prevention and settlement of conflicts of interest in the field of health care is a set of administrative and legal means, which are based on the corresponding norms and regulations and aimed at regulating public relations in the activities designed to prevent and settle conflicts of interest in the field of health care. The main subject of such a mechanism, taking into account the administrative law approaches, includes the managerial component of public nature. The conclusion can be drawn that the main elements of the structure of administrative and legal support for prevention and settlement of conflicts of interest in the field of health care include: the object and subjects, norms and relationships, principles and means, forms and technics, etc.

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Войчишена, М. В. "Forensic Characteristics of Typical Traces of Criminal Offenses on the Circulation of Pornographic Objects." Bulletin of Kharkiv National University of Internal Affairs 86, no. 3 (September 24, 2019): 63–68. http://dx.doi.org/10.32631/v.2019.3.06.

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Анотація:

The article analyzes the scientific researches on definition of the concept and types of typical traces of criminal offenses and establishes that this topic is insufficiently investigated within the criminal offenses of pornographic facts. Accordingly, the purpose of this work is to analyze the scientific studies of typical traces of criminal offenses; study of the interdependence of typical traces of a criminal offense with other elements of forensic characteristics; determination of typical traces of criminal offenses on the facts of trafficking of pornographic objects. In the practical activity of detecting, investigating and fixing typical traces of a criminal offense, it provides information about the person of the offender and how to commit the criminal offense. Therefore, this study can serve as a theoretical recommendation for dealing with typical traces of criminal offenses. According to the results of the study, the interaction of the offender with the place of the criminal offense, tools and means, as well as the injured person leaves material and ideal traces, which in the detailed investigation, recording and analysis provide comprehensive information about the offense and the person who committed it. Typical traces of a criminal offense are trace information of a criminal offense, which manifests itself in changes in the material situation of the place of committing unlawful acts and the memory of people, and reflects how the offender committed the criminal offense, the tools and means used. In addition, the typical traces of criminal offenses on the facts of trafficking of pornographic objects, as well as the methods of their forensic investigation and fixation are highlighted. The notion of typical traces as an element of forensic characteristics of the methodology of investigation of criminal offenses, as well as emphasized the presence of interdependence of typical traces of criminal offenses with other elements of criminalistic characteristics – a way of committing a criminal offense, the person of the offender, the offense.

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Oliinyk, Liliia. "ECONOMIC OFFENSE AS A GROUND FOR COMPENSATION FOR NON-PECUNIARY DAMAGE TO BUSINESS ENTITIES." Krakowskie Studia Małopolskie 33, no. 1 (March 31, 2022): 97–113. http://dx.doi.org/10.15804/ksm20220106.

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Анотація:

In this research, which is proposed for the consideration of the scientific community, the author analyzes the essence of the concept of “economic offense”, studies, and summarizes scientific approaches to grounds for economic liability. A separate section of the research is the issue of understanding the essence of the economic offense as a ground for compensation for non-pecuniary damage to business entities. Based on the study and analysis of theoretical research on relevant issues, the author argues that universal characteristics of an economic offence are elements of its composition, and the sufficient ground for liability for non-pecuniary damage to business entities is the economic offense. At the same time, all other grounds for economic liability, which are distinguished by some scholars as independent grounds, incl. law ground, economic legal personality, and certain aspects (or conditions) of economic offense, are not separate grounds but comprise the economic offense’s composition. In addition, the author identifies and studies the elements of the economic offense’s composition as a ground for compensation for non-pecuniary damage to business entities. It is established that they are the object, the objective element, the subject, the subjective aspect. Thus, the research findings allow concluding that the economic offense may have a full or reduced composition, depending on the legal requirements for a particular element of the offense. Moreover, the most controversial issues concerning economic offenses, including the subjective aspect of the economic offense or the guilt of the business entity, are highlighted as ones which require further detailed scientific research.

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Kovtun, А. "SEPARATE ELEMENTS OF THE CRIMINALISTIC CHARACTERISTIC OF INFANT KILLING." Criminalistics and Forensics, no. 66 (2021): 588–602. http://dx.doi.org/10.33994/kndise.2021.66.44.

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Анотація:

The article describes and details the individual elements of the forensic characteristics of the crime under Article 117 of the Criminal Code of Ukraine, namely, the mother’s murder of her newborn child. The study of investigative practice and special literature on the scientific organization of the investigation, in particular the murder of her newborn child by a mother, shows that this activity is impossible without the use of such a scientific category as a forensic characteristic. Since the forensic characteristic is a kind of information model that will allow, in the course of the investigation of this offense, to correctly assess the investigative situation, to determine the organizational and legal actions at the initial stage of the investigation, namely, the construction of versions, the preparation of appropriate plans, etc. Having in its arsenal information regarding the individual elements of this offense, namely: the way the mother committed the murder of her newborn child, the place and time of its commission, information about the identity of the offender, in this case the woman in labor, the child who was found dead, as well as changes in the environment and other information will allow the investigating authorities to more effectively predict the possible course of events, establish all the circumstances to be proved, as well as the persons involved in the committed offense.

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Setiawan, Peter Jeremiah, Xavier Nugraha, and Widyanti Wibowo. "Equating Villa with Theft Offense"House" in Aggravated." Lambung Mangkurat Law Journal 6, no. 1 (March 17, 2021): 56–70. http://dx.doi.org/10.32801/lamlaj.v6i1.224.

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Анотація:

One of the places that is often targeted by thieves is in a villa. In Article 363 paragraph (1) 3 of the Criminal Code, there is a regulation related to theft with a aggravating if the theft is carried out at night in a house or closed yard where the house is, but there is no provision that explicitly states that it is related to theft in a villa. Based on this background, the formulation of the objectives of this article is to understand: 1. What are the elements of the aggravated theft offense ? 2. Can a villa be conaidered with a "house" as an element of the aggravated theft offense ? This research is a normative legal research with statutory, conceptual, and case approaches. Based on the analysis in this article, it can be understood that 1. The elements in the offense are the same as ordinary theft, but there are additional elements that are alternative. 2. The theft in a villa at night can be qualified for theft with a aggravating factor as stipulated in Article 363 paragraph (1) of the Criminal Code, on the basis of socio-historical interpretation and extensive interpretation

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Ramalho, Ana, and Marta Santos Silva. "‘I know It When I See It’: On Academic Plagiarism, and How to Assess It." Higher Education for the Future 7, no. 2 (July 2020): 187–99. http://dx.doi.org/10.1177/2347631120932238.

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Анотація:

In the academic context, plagiarism is usually seen as an ethical offence, the boundaries and definition of which are often unclear. However, in some countries, plagiarism is also a legal wrong, amounting to copyright infringement. This article proposes a test for assessing plagiarism of academic works. The test is based on the law and jurisprudence of a particular country, Portugal, where plagiarism is framed as copyright infringement. Article 196 of the Portuguese Copyright Law sets four elements that must be fulfilled for a finding of plagiarism: There must be a protected work; the alleged plagiarist must have used a partial or total reproduction of that work; the alleged plagiarist must have failed to attribute the authorship of the work to its rightful creator; and the work of the alleged plagiarist must lack its own individuality. The authors argue that, even if the law of a particular country does not frame plagiarism as a legal offence, these elements should be part of a test to be adopted and applied by academic institutions for the sake of legal certainty.

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34

Cohn, Melvin. "Exploring the elements for a successful immune offense against cancer." Experimental and Molecular Pathology 105, no. 2 (October 2018): 213–15. http://dx.doi.org/10.1016/j.yexmp.2018.08.006.

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35

Prykhodko, Maryna. "ELEMENTS OF AN ADMINISTRATIVE OFFENSE (MISDEMEANOR) IN COMBATING BULLYING (HARASSMENT)." Entrepreneurship, Economy and Law, no. 9 (2021): 74–78. http://dx.doi.org/10.32849/2663-5313/2021.9.11.

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36

Hadzil, Hadzil, Mahdi Syahbandir, and Syarifuddin Hasyim. "Tinjauan Yuridis Akibat Berlakunya UU No. 11 Tahun 2016 Tentang Pengampunan Pajak Terhadap Sanksi Pidana Perpajakan." Syiah Kuala Law Journal 3, no. 2 (August 27, 2019): 222–35. http://dx.doi.org/10.24815/sklj.v3i2.12084.

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Анотація:

Terdapat cukup banyak masyarakat yang dengan sengaja melakukan kecurangan-kecurangan dan melalaikan kewajibannya dalam melaksanakan pembayaran pajak yang telah ditetapkan sehingga menyebabkan timbulnya tunggakan pajak. Menyikapi hal tersebut, Pemerintah mengesahkan Undang-undang Tax Amnesty Nomor 11 Tahun 2016 Tentang Pengampunan Pajak. Salah satu jenis pengampunan yang ditawarkan adalah memberikan penghapusan tindak pidana bagi Wajib Pajak (WP) yang melanggar undang-undang. Oleh sebab itu, hal ini menjadi menarik untuk diteliti karena dapat dianggap sebagai bentuk pengkhianatan terhadap rakyat miskin atau WP yang taat pajak. Masalah pokok dalam penelitian ini adalah apakah penghapusan sanksi pidana terkait pengampunan pajak (tax amnesty) sudah sesuai dengan prinsip-prinsip pemidanaan. Penelitian ini bertujuan untuk mengetahui dan menjelaskan penghapusan sanksi pidana telah sesuai atau tidak dengan prinsip-prinsip pemidanaan. Penelitian ini merupakan penelitian yuridis normatif dengan tujuan mengkaji asas-asas dan kaidah-kaidah yang terdapat dalam ilmu hukum. Data yang digunakan terdiri dari bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Hasil penelitian menunjukkan bahwa dalam hal penghapusan sanksi pidana dalam tax amnesty tidaklah sesuai dengan prinsip-prinsip penghapusan pidana dalam konsep KUHP, yaitu alasan pembenar dan alasan pemaaf karena apabila harta tersebut berasal dari hasil korupsi, hal tersebut bukanlah merupakan perbuatan yang patut dan benar untuk dimaafkan. Disarankan kebijakan dalam pengampunan pajak (tax amnesty) sebaiknya tidak diberlakukan penghapusan pada unsur tindak pidana, apalagi dalam tindak pidana tersebut terdapat unsur yang merugikan negara.There are enough people who deliberately commit fraud and neglect their obligations in carrying out the payment of taxes that have been set so as to cause the arrears of taxes. In response, the Government passed the Tax Amnesty Act Number 11 Year 2016 About Tax Amnesty. One type of amnesty offered is to provide the abolition of a criminal offense for a Taxpayer (WP) that violates the law. Therefore, it is interesting to investigate because it can be considered as a form of betrayal of the poor or WP who are tax-conscious. The main problem in this research is whether the abolition of criminal sanctions related to tax amnesty is in line with the principles of punishment. This study aims to determine and explain the elimination of criminal sanctions are appropriate or not with the principles of punishment. This study is a normative juridical research with the aim of studying the principles and rules contained in the science of law. The data used consist of primary legal materials, secondary legal materials and tertiary legal materials. The results indicate that of the abolition of criminal sanctions in the tax amnesty is not in accordance with the principles of criminal abolition in the concept of the Criminal Code, namely the justification and reasons for forgiveness because if the property is derived from the corruption, it is not a proper and proper act to be forgiven. It is recommended that the tax amnesty should not be abolished on the element of criminal acts, morever in the criminal act there are elements that harm the state.

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Díez, Carlos Gómez-Jara. "Honest Services Fraud as a Criminal Breach of Fiduciary Duties." New Criminal Law Review 18, no. 1 (2015): 100–128. http://dx.doi.org/10.1525/nclr.2015.18.1.100.

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Анотація:

From a comparative perspective, the challenges that American courts and legislators are facing when trying to construe an honest services fraud statute are familiar. Almost all European countries have a general provision that criminalizes any breach of fiduciary duties that brings about economic harm to the principal. The comparative inquiry also helps shed light on the way in which the offense should be defined in a future statute. First, honest services fraud should be treated as a separate offense that is different from fraud; more specifically, the offense of honest services fraud should be conceived as a midpoint between fraud and embezzlement. Second, this offense—which could be defined as a “disloyalty” or “mismanagement” crime—should be construed along the lines of a derivate action for breach of fiduciary duties, although with higher standards, given that its violation triggers criminal sanctions. Third, this new disloyalty offense should include elements that are not required by current law, including whether “actual” or “reasonably foreseeable harm” is caused and whether the breach of the fiduciary duty is the proximate cause of the actual harm. The time has come to create a freestanding general disloyalty offense that requires an actual or reasonably foreseeable harm to the corporation as a prerequisite to criminal liability.

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Rarog, Aleksey. "Illegal Production of Medical Agents and Equipment (Article 235.1 of the Criminal Code of the Russian Federation)." Всероссийский криминологический журнал 12, no. 6 (December 24, 2018): 845–55. http://dx.doi.org/10.17150/2500-4255.2018.12(6).845-855.

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Illegal production of medical agents and equipment poses a global threat to public health of all countries, not to mention its harm to the economy. Human life and health should be protected not only by industry laws that regulate the production and distribution procedures, but also by criminal legislation that establishes liability for most dangerous violations of prohibitions in medicine and pharmacology. The legislative experience of foreign (mostly European) countries shows that the optimal solution to the problem of criminal liability in cases of grave violations of the production and trade procedures for medical production is to introduce criminal law norms with blanket dispositions, where the components of the actus reus of the offence are described though regulatory laws that set special rules and prohibitions for medical services and pharmaceuticals. The analysis of international legal norms and criminal legislation of some foreign countries and the Russian Federation allows the author to prove that it is necessary to single out medical criminal law as a specific sub-branch of Russian criminal law, where pharmaceutical criminal law could become an autonomous institute. The author presents an analysis of the constituent elements of the crime under Art. 235.1 of the Criminal Code of the Russian Federation and concludes that the terminology of criminal law does not fully correspond to the concepts in healthcare legislation, and also that the analyzed norm in its present edition should not be included in the Chapter on crimes against public health and morals; the author offers his own version of this norm.

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Truntsevsky, Yuri V. "FORMAL AND EVALUATIVE CHARACTERISTICS OF CRIMES COMMITTED IN THE SPHERE OF ECONOMIC ACTIVITY." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 41 (2021): 86–97. http://dx.doi.org/10.17223/22253513/41/8.

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In the article, the author consider the theoretical positions on the rules for the qualification of crimes in the field of economic activity. The author consider the judicial practice in criminal cases and formulates conclusions about the characteristics of the elements (signs) of corpus delicti (see also – delicti) set out in the dispositions of articles of Chapter 22 of the Criminal code of the Russian Federation. One of the objectives of the article is to consider formal and informal elements as content (context) delicti. At the same time, the author note that the formality or informality of signs (context) delicti has no legal significance. This conclusion follows from the provision that all the signs described in the norm of the Special part of the Criminal code of the Russian Federa-tion are legally mandatory. It is important to differentiate between elements of crimes in order to qualify crimes, especially those committed in the sphere of economic activity. The author notes that the dispositions of articles of the Special part of the Criminal code of the Russian Federation can combine elements of blankness, descriptive and evaluative. The author notes the accessory nature of criminal law from positive (regulatory) legal regulations, and the absence of concentration of legal sources. The author emphasized that the norms of the Special part of Criminal law contain two parts. The first part contains a description of the object of the crime, which the offender attempt on. Such an object is represented in the form of a legal order established by the norms of regulatory legislation. The author considers the fact of attempt on this law and order as event (hypothesis) of criminal liability. Clarification of this hypothesis take place in the process of qualifying crimes (in the sphere of criminal law application). Together, these parts of the disposition of the criminal law norm form a common whole, which indicate the legislator's idea of a criminal law prohibition. The article emphasizes the intersectoral nature of the institution of formulating grounds for criminal liability for crimes in the sphere of economic activity. The author identifies the types of evaluation signs delicti of economic crimes: quantitative (size), qualitative (can not be measured by cost) and cumulative. The author comes to the conclusion that it is expedient to further study the concept, types and role of evaluative signs of crimes. The role of evaluation signs is stated in the formulation of criminal law prohibitions. The author makes the following conclusions for the readers' discussion: the formulation of signs of crimes in the sphere of economic activity is based on the blank dispositions of the corresponding articles; a separate type of such description of the disposition is administrative prejudice; this administrative prejudice relates the grounds for criminal liability of a person for the act with his previous administrative penalty; assessment signs of the crime is determined not only by the normative legal act, judicial practice, but also in the process of qualification of a crime is determined by the consciousness of a person when it examines the being of the case.

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Анатолий Борисович, Дудаев, Ткаченко Владимир Васильевич, and Ткаченко Владимир Васильевич. "ELECTRONIC PROTOCOL ON ADMINISTRATIVE OFFENSES IN THE ACTIVITIES OF INTERNAL AFFAIRS BODIES IN TRANSPORT." NORTH CAUCASUS LEGAL VESTNIK 1, no. 1 (March 2022): 107–12. http://dx.doi.org/10.22394/2074-7306-2022-1-1-107-112.

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The article discusses the issues of improving the proceedings on administrative offenses in the activities of internal affairs bodies in transport, taking into account the introduction of modern computer technologies in various spheres of life. Using the example of individual elements of offenses subordinated to the internal affairs bodies in transport, the authors propose drawing up a protocol on an administrative offense in the form of an electronic document, the protocol on an administrative offense is considered by the authors as the most important procedural document in which all signs of an offense are recorded. The procedure for drawing up an electronic protocol is proposed, subject to certain requirements. Special attention is paid to the electronic digital signature of the protocol, which ensures its evidentiary value and allows identifying the persons who signed the protocol. The authors made a reasonable proposal to amend Article 28.2 of the Administrative Code of the Russian Federation, regarding the electronic form of the protocol on an administrative offense.

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Senko, Anastasiya. ". Essence of forensic description of citizens’ luggage thefts committed at the airport." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (March 30, 2020): 293–300. http://dx.doi.org/10.31733/2078-3566-2020-1-293-300.

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. The article deals with some aspects of investigating theft of citizens' luggage at the airport. The features of forensic characteristics for faster investigation of the investigated category of criminal offenses are considered. The author emphasizes that the creation of a stable system is a prerequisite for the effectiveness of any activity. The process of pre-trial investigation of criminal offenses is not an exception. An important element of the methodology of investigation of a particular criminal offense is its forensic characteristics. This element allows law enforcement officials to build versions and determine the direction of criminal proceedings at its initial stage. At the same time, when investigating theft of citizens' luggage at the airport, the initial stage is in many cases crucial. It provides an opportunity to gather sufficient evidence that will be lost over time without being able to recover it. Therefore, the issue of research and development of the cur-rent forensic characteristics of the offense is important for the investigation as a whole. It is also noted that the forensic characteristics of the citizens' luggage theft committed at the airport is a system of generalized evidence of the studied materials of the forensic practice, which reflect the connection and correlation of individual forensically significant elements that can be used in the pre-trial investigation of a specific criminal offense. The system of the designated category consists of the following elements: method of preparation, commission and concealment of a criminal offense; the subject of the assault; the situation of committing a criminal offense; a trace picture; the person of the offender; the identity of the victim.

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林建中, 林建中, та 李揚李揚. "中國大陸內幕交易法介紹與刑事處罰實證研究：1997－2019". 中正財經法學 22, № 22 (січень 2021): 103–85. http://dx.doi.org/10.53106/207873752021010022003.

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內幕交易罪的處理，在證券法的發展歷史中，一直具有理論與實務上之重要意義。此一問題，在中國大陸相對初生但生猛且量體巨大的市場環境中如何被面對，從理論與比較法觀點，均具備特殊的研究價值。立法層面上，中國大陸法對於內幕交易的實體法構成，經二十多年的持續發展，已呈現出一定的複雜與完整面貌。然就執行層面視之，法院對於條文的理解與具體適用仍存在諸多爭議之處，同時，相關實證統計等資料的缺乏，也成為執行層面上對內幕交易罪研究的主要障礙之一。基於上述認識，本文立足於內幕交易刑事處罰執行層面的觀察，試圖呈現相關法律設計在中國大陸的司法實踐現狀。並通過1997年立法以來法院判決的實證研究，本文除一般性地檢驗內幕交易的執法情況外，同時針對法院在解釋犯罪構成上所呈現的爭議，進行進一步的評估。文中依照觀察面向的差異，特別鎖定三個重要的子議題：內幕信息的類型及其認定、被告「知悉」的司法判準、刑事處罰的比例性在內幕交易罪中的運用與體現。以上述實證研究結果為基礎，本文擬對於中國大陸內幕交易罪之司法執行效力提出評估，同時也補充性地可提供臺灣一定之參考。Insider trading has long been recognized as one of the key elements in modern securities law. As a massive but relatively young market, how China handles this issue is a topic rich in comparative value. On its face, the law and regulations prohibiting insider trading in securities transactions have already in place for more than two decades. However, their actual implementation, as well as how courts interpret the elements of insider trading offense in cases, are still obscure to outside observers. The lack of in-depth empirical investigation in its enforcement further creates an extra layer of complexity to the relevant research. Due to the problems mentioned above, this paper conducts an empirical study of the insider trading criminal cases, ranging from 1997 to 2019, to examine how insider trading cases are enforced in China. By observing the actual cases and their attributes, this paper presents a comprehensive picture of who commits insider trading law in China and how courts decide these cases. Three sub-set issues of the implementation are under special scrutiny:types of information and defendants; standard of proving defendant's scienter; and the relationship between sanction and illegal gain. Based on the results of this study, we evaluate the effectiveness of the enforcement on insider trading law in China in its first two decades of existence.

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Kinscherff, Robert. "Proposition: A Personality Disorder May Nullify Responsibility for a Criminal Act." Journal of Law, Medicine & Ethics 38, no. 4 (2010): 745–59. http://dx.doi.org/10.1111/j.1748-720x.2010.00528.x.

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A criminal offense requires two elements. First, it requires proof of misconduct that is specifically prohibited by law (actus reus). Second, it requires proof of sufficient intention or recklessness (mens rea) to warrant assignment of moral culpability for the act. For example, a person who kills another person intentionally is typically guilty of murder, while a person who kills recklessly or in the heat of passion in response to provocation may be guilty of manslaughter, and a person who kills accidentally is not guilty of any crime. Even if the elements of the offense have been proven by the prosecution, the actor may not be punishable if the defense proves that his conduct was either justified (e.g., self-defense) or excused (e.g., duress).

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Cmiljanic, Bajo. "Taking of hostages as an offense in international law and Serbian regulations." Temida 15, no. 3 (2012): 187–212. http://dx.doi.org/10.2298/tem1203187c.

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In the development of international relations, hostage-taking was carried out as an insurance against fraud, not keeping obligations, or according to the rules of war law. Earlier taking hostages was more related to armed conflicts, and in modern times it is more related to terrorist acts in international terrorism. The taking of hostages is an international offense, which has its essential elements and characteristics. It is a crime punishable under the national legislation of many countries, and taking of hostages in armed conflicts is a war crime for which the International Criminal Court is responsible. International terrorism is manifested through a variety of terrorist acts, which, through fear and panic aim to achieve a political purpose. The range of these terrorist acts is wide and varied. One of these terrorist activities is the taking of hostages. As an offense established by the norms of international law, this unlawful act must be specifically investigated and clarified, which is the goal of this paper. This paper gives an overview of the features and elements of the offense in the light of international law and the laws of the Republic of Serbia.

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Panov, Tose. "CRIMINAL OFFENSES AGAINST OFFICIAL DUTY, WITH SPECIAL ANALYSIS OF THE CRIMINAL OFFENSE, ABUSE OF OFFICIAL POSITION AND AUTHORIZATION, ACCORDING TO CRIMINAL LEGISLATION AND PRACTICE." Knowledge International Journal 30, no. 6 (March 20, 2019): 1479–86. http://dx.doi.org/10.35120/kij30061479p.

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In this paper the author will try to analyze and describe the basic characteristics of the criminal offenses against official duty, and he will pay special attention to the criminal act "Abuse of official position and authority" from Article 353 of the Criminal Code of the Republic of Macedonia as a general and fundamental criminal offense against official duty. The basic elements of the criminal offense will be analyzed, starting with the status of the perpetrators, the acts of committing, the consequences of the offense, the guilt of the perpetrator, and in the end are presented the qualified forms of this criminal act. Through the outburst of the legal norms, and the stated statistics we will try to give freshness to the legal text, and that is the main contribution of this paper.

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46

Glazebrook, P. R. "HOW OLD DID YOU THINK SHE WAS?" Cambridge Law Journal 60, no. 1 (March 2001): 1–58. http://dx.doi.org/10.1017/s0008197301680619.

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FOR at least a century and a quarter one of the most settled and invariable maxims of the criminal law, founded upon a decision of 15 judges in the Court for Crown Cases Reserved (Prince (1875) 2 C.C.R. 154; see, also, Robins (1844) 1 C. & K. 456), has been that the prosecution did not have to prove fault on the defendant’s part in respect of the element of age in statutory offences created for the protection of the young. Many statutes have been drafted (or amended), and thousands upon thousands of defendants have been convicted, on this basis. But no longer. For the Appellate Committee has decreed, without giving any reasons for doing so-there is just a bare assertion (B. v. D.P.P. [2000] A.C. 428, reversing a unanimous decision of a strong Divisional Court: [1998] 4 All E.R. 265)-that “an age-related ingredient of a statutory offence stands on no different footing from any other ingredient”, and that proof of fault (in the shape of the absence of a belief-reasonable or unreasonable-that the child is above the proscribed age) is required unless excluded by Parliament either expressly or by “necessary implication, … [that is, by] an implication which is compellingly clear” (Lord Nicholls). “Such an implication”, we are told, “may be found in the language used, the nature of the offence, the mischief sought to be prevented, and any other circumstances which may assist in determining what intention is to be attributed to Parliament when creating the offence” (ibid.). This is, of course, none other than the all too depressingly familiar litany of vague, overlapping criteria which from time out of mind has signally failed to compel from the judges predictable answers to the question whether, when Parliament has been silent on the point, a person must, if she is to be convicted of a given offence, be presumed to have been at fault in respect of all, or some, of its external elements. The reference to a silent legislature’s intention is to a fiction-a mere rhetorical device. There is, as everyone knows, only one sure and compelling guide: the express provision of a no-fault defence logically precludes a requirement to prove fault in regard to the matter to which it refers.

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Tilmak, O. "ALGORITHM FOR THE APPLICATION OF A FACTUAL ANALYSIS METHOD IN PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENSES." Criminalistics and Forensics, no. 65 (May 18, 2020): 208–19. http://dx.doi.org/10.33994/kndise.2020.65.20.

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At the present stage of investigative activities modernization, there is a need to improve the methodological support of pre-trial investigation of criminal offenses. The investigating authorities of the pre-trial investigation of the National Police of Ukraine have a large number of methods in their arsenal; however, there are methods that have not found a theoretical and methodological justification and description. Among these methods the method of factual analysis it should be highlighted. The author considers the factual analysis as a method of extracting facts (or individual elements, parts, parts of factual data) from an array of criminal offense data for their further aggregation (holistic association) and establishing the degree of evidence. The article deals with an algorithm for applying the method of factual analysis during the pre-trial investigation of criminal offenses. It is determined the main tasks and the main conditions for their quality solution at the preparatory, main and final stages of the implementation of the method. It is noted that in the general context, the algorithm for the implementation of the method of methodological analysis occurs in five interrelated areas of activity of subjects of pre-trial investigation, namely: search-forming, primary factor analysis, program and factographic, presentation and secondary factor analysis. It is noted that during the pre-trial investigation of a criminal offense, the application of the method of factual analysis will allow: 1) to clarify the components (parts, segments, elements) of the actual data due to the multidimensional presentation of logical connections; 2) to identify the components (parts, segments, elements) associated with a criminal offense; 3) to identify the relationship between the components (parts, segments, elements) of the actual data; 4) to identify various non-obvious (hidden) connections and graphically interpret the degree of intensity of these connections; 5) to investigate the internal structure of the components (parts, parts, elements) of the actual data; 6) graphically represent the relationship between the various components (parts, segments, elements) of the actual data; 7) conduct multidimensional comparisons of components (parts, parts, elements) – from two to four; 8) to identify the relationships of individual factors that have causal relationships; 9) to systematize a large array of data and their components (parts, parts, elements), etc. Therefore, the expected results from the process of applying the method of factual analysis is that it will contribute to the factual proof that the available body of evidence about the facts and circumstances of the criminal offense are appropriate, permissible and reliable evidence; interconnected and sufficient to make an appropriate procedural decision.

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Mikish, A. S. "Prior Criminal Offense As A Prerequisite For Secondary Criminal Activity." Actual problems of improving of current legislation of Ukraine, no. 54 (November 30, 2020): 129–38. http://dx.doi.org/10.15330/apiclu.54.129-138.

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In recent years, the legal literature has begun to use the concept of secondary crime, which has long been used in German criminal law and is based on the theory of involvement in a crime. An analysis of the domestic criminal law literature suggests that this concept has not yet been sufficiently disclosed by anyone. It should be noted that the problems of involvement in the crime are given much less attention than, for example, complicity. This can be explained by the fact that involvement is considered by individual scholars within the institute of complicity. The term «preceding» is intended to emphasize the fact that the commission of the main elements of a criminal offense is not possible without a previous, simultaneous or subsequent actual commission, or without a previously formed intention to commit another criminal offense. In this regard, it should be noted: speaking of «precedence», we do not mean strictly temporal dependence, when one action objectively precedes in time another, and mental-logical dependence, when one action or actually precedes another, or on at least exists in the plan to commit the latter. The previous crime is not part of the main structure of the criminal offense, remaining an independent component. Such a criminal offense only complements the feature of the main criminal offense with a special meaning, narrows it and thus describes, although in itself does not turn into a feature of this composition of the main criminal offense.

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Osterman, Lindsey L., and Theresa A. Hecmanczuk. "Parasocial forgiveness: The roles of parasocial closeness and offense perceptions." Journal of Social and Personal Relationships 37, no. 3 (October 9, 2019): 800–820. http://dx.doi.org/10.1177/0265407519879511.

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Recent research suggests that robust predictors of interpersonal forgiveness, such as relationship closeness and offense severity, also predict forgiveness of a parasocial target. We extend this work using an interpersonal forgiveness measure to examine forgiveness of parasocial targets as a function of parasocial closeness and offense perceptions. Across two studies, we found that pre-offense closeness was associated with greater forgiveness and current closeness, and that forgiveness significantly mediated the relationship between pre-offense and current closeness. In Study 2, we additionally found that perceptions of apology sincerity were associated with greater forgiveness and current parasocial closeness. Finally, we found that a brief measure of parasocial closeness was comparable to the Parasocial Interaction Scale in its associations with forgiveness and related outcomes. Implications regarding similarities and differences in interpersonal and parasocial forgiveness are discussed. Additionally, possible benefits of using of a brief, face-valid, and versatile set of items to assess parasocial closeness are suggested.

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Santoso, Reynaldi, Amar Taufiq, Sandro Oktora Tampubolon, Bintang Fahraji, and Rizki Rizki. "TINJAUN YURIDIS PENERAPAN DELIK PERCOBAAN PADA PUTUSAN NOMOR 200/PID.B/2018/PENGADILAN GUNUNG SITOLI." UNES Law Review 3, no. 4 (July 27, 2021): 365–73. http://dx.doi.org/10.31933/unesrev.v3i4.201.

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Attempted murder is one of the crimes. Attempted murder has been regulated in Article 338 in conjunction with Article 53 of the Criminal Code. The formulation of the problem raised is how to apply a criminal offense in the case of attempted murder, and how the judge's consideration in the decision Number : 200/serious crime/2018/District Court/Gunungsitoli, the type of research used in this study is normative juridical with the use of a qualitative approach, data collection techniques in this study use document studies by analyzing secondary data sources and drawing conclusions deductively, begin van uitvoering is explained as the beginning of the implementation in an attempt to commit a criminal offense, which is where the act can be interpreted as an act of execution, when someone commits one of the elements of a criminal offense, and if the person has not committed one of these elements, then the action can be said to be just a preparatory act, judge’s consideration in decision number 200/Pid.b/2018/PN.Gst. that impose punishment on the perpetrator based on article 338 in conjuction with Article 53 Paragraph (1) The Criminal Code on attempted murder which the judge has corrected sentenced him to 5 years in prison.

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