scholarly journals Algorithms and the Individual in Criminal Law

2021 ◽  
pp. 1-17
Author(s):  
Renée Jorgensen
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Statistical Prediction ◽  
Crime Statistics ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Fair Distribution ◽  
The Individual ◽  
The Right

Abstract Law-enforcement agencies are increasingly able to leverage crime statistics to make risk predictions for particular individuals, employing a form of inference that some condemn as violating the right to be “treated as an individual.” I suggest that the right encodes agents’ entitlement to a fair distribution of the burdens and benefits of the rule of law. Rather than precluding statistical prediction, it requires that citizens be able to anticipate which variables will be used as predictors and act intentionally to avoid them. Furthermore, it condemns reliance on various indexes of distributive injustice, or unchosen properties, as evidence of law-breaking.

scholarly journals Penegakan Hukum terhadap Tindak Pidana Tanpa Hak Menguasai Senjata Tajam dalam Aksi Unjuk Rasa Penolakan RUU KUHP

2021 ◽  
Vol 4 (2) ◽  
pp. 1075-1080
Author(s):  
Imanuel Sembiring ◽  
Ediwarman Ediwarman ◽  
Marlina Marlina
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Criminal Policy ◽  
Preventive Measure ◽  
Criminal Code ◽  
District Court ◽  
Penal Policy ◽  
The Rule Of Law ◽  
The Right

This paper aims to examine and analyze the rule of law, law enforcement and criminal policy against criminal acts without the right to control sharp weapons. To approach this problem, the theory of the legal system is used. The data were collected through interview guidelines and analyzed qualitatively. This study concludes that the rule of law regarding law enforcement against criminal acts without the right to control sharp weapons in demonstrations is regulated in Emergency Law Number 12 of 1951 in Article 2 paragraph (1), Law no. 9 of 1998 concerning Freedom to Express Opinions in Public in Article 16, Perkapolri No. 7 of 2012 concerning Procedures for the Implementation of Services, Security, and Handling of Public Opinion Cases in Article 8 letter j. Law enforcement against criminal acts without the right to control sharp weapons in demonstrations against the Criminal Code Bill at the Medan District Court is carried out through investigations, prosecutions and judges' decisions. The criminal law policy against people who carry sharp weapons in Medan City consists of a penal policy carried out by legally processing the perpetrators, followed by examining the defendants at trial. Non-penal policies as a preventive measure for criminal acts without the right to control sharp weapons are counseling, raids and community participation.

scholarly journals THE INFLUENCE OF POSITIVISM PHILOSOPHY ON CRIMINAL LAW ENFORCEMENT IN INDONESIA

2017 ◽  
Vol 6 (1) ◽  
Author(s):  
Bambang Ali Kusumo
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Legal Issues ◽  
Law Reform ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Collective Rights ◽  
The Law ◽  
Sense Of Justice

<p align="center"><strong>ABSTRACT</strong></p><p>            Criminal law enforcement in Indonesia may lack of the justice sense and furthermore highlight the rule of law, this is due to the influence of the philosophy of positivism developed in Europe mainland which has liberal-individualist ideology. This ideology wants everything to be rational and certainty, including legal issues must be no certainty. The purpose of this matter is to protect the rights of individuals. While the Indonesian society is a society that does not highlight the rights of individuals, but respects the balance between individual rights and collective rights. Thus, our criminal law enforcement is still sourced from Indonesian Penal Code which is a replica of the Wetboek Van Strafrech (WVS) created by the Dutch colonialists Government will not materialize justice. It is necessary to face these issues with two steps as the following i.e, <em>first one</em>: the law enforcement agencies in using the law needs a more progressive interpretation, therefore a sense of justice can be realized. Second one, it needs to be realized in accordance with the criminal law reform ideology of kinship based on the values of Pancasila as an ideology of the Indonesia. Such measures are expected to materialize justice in the criminal law enforcement of Indonesia.</p><p><strong>Keywords:</strong> Criminal Law, Law Enforcement, Justice.</p>

INTERNATIONAL EXPERIENCE IN COORDINATING THE ACTION OF LAW ENFORCEMENT AGENCIES

2022 ◽  
Author(s):  
Sergii Melnyk ◽  
◽  
Alina Ignatievа ◽  
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Rule Of Law ◽  
Justice System ◽  
International Experience ◽  
International Treaties ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Legal Enforcement

The article researched international experience in coordinating the action of law enforcement agencies in modern international law. It is stated that, enforcement agencies are those institutions that enforce the laws, including election-related laws. Enforcement аs an important integrity mechanism as it deters those who might be interested in subverting the system as well as identifies and punishes those who have broken the law. The responsibilities for enforcing laws and codes are usually divided among different agencies, depending on the nature and severity of the problem. Initial investigations may start with the oversight agency, but can be referred to an enforcement agency if it was determined that legal enforcement was required. For example, potential criminal cases uncovered during a routine audit can be referred to the justice system. If the prosecuting authorities decide to pursue the case, they could charge and prosecute the alleged perpetrator, with a court pronouncing sentence if the defendant were found guilty. Jurisdictionally, there can be an important difference between international law enforcement agencies and multinational law enforcement agencies, even though both are often referred to as «international», even in official documents Effective enforcement requires a functioning legal system and a respect for the rule of law. An important factor in maintaining integrity in enforcement is the independence of the judiciary, as justice is supposed to be administered fairly, equally and impartially. The prevention, investigation and cessation of international and many domestic crimes, as well as the prosecution of those responsible for their commission, are not it is always possible alone, without the help of other states and international organizations. Achieving this goal requires states not only to proclaim unilateral declarations of intent, participation in the signing international treaties and the activities of international institutions, but also the actual implementation of joint and agreed activities aimed at combating transnational and domestic organized crime.

Die Entwicklung des Strafrechts der Ukraine

2020 ◽  
Vol 66 (3) ◽  
pp. 380-396
Author(s):  
Rainer Birke
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Penal Code ◽  
Science And Society ◽  
The Rule Of Law ◽  
Law System ◽  
The Law ◽  
Simplified Procedure ◽  
Procedural Rights

In 2001, a new penal code was adopted in Ukraine after a comprehensive discussion in politics, legal science and society, replacing a codification of the Soviet era dating back to 1960, obviously unsuitable for the new realities. The new penal code of 2001 has been changed many times since then. This also applies to the criminal law provisions against corruption, evaluated and commended by GRECO. However, there is criticism of the criminal law system in Ukraine. A large number of the issues have little or nothing to do with the text of the penal code itself, but with deficits in the application of the law and the resulting loss of confidence in the activities of the law enforcement authorities. The judiciary is said to have a significant corruption problem and is significantly overloaded. The latter is to be counteracted by the introduction of the class of misdemeanor (“kryminalnyj prostupok”) in 2019 that can be investigated in a simplified procedure, which has been criticized, inter alia, because it bears the risk of the loss of quality and possibly infringes procedural rights. Also in 2019, the work on a once again completely new codification of the penal code was commenced, which is not entirely surprising in view to the existing criticism of manual errors or inadequacies of the recent code. It is to be hoped that Ukraine, with the existing will and the necessary strength, will succeed in the creation of a criminal law system that is fully in compliance with the rule of law and that a penal code will be drafted that finally finds full recognition in the society.

scholarly journals Effectiveness Through Crime Investigation Complaint Case Holds In Central Java Police Jurisdiction

2018 ◽  
Vol 1 (2) ◽  
pp. 323
Author(s):  
Yuniar Pradhana Mukti ◽  
Gunarto Gunarto
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Central Java ◽  
Crime Investigation ◽  
National Police ◽  
Police Effectiveness

Problems of criminal law, especially the problem of crime, abuse and all kinds of acts that fall into the category of offense is now becoming one of the crucial problems and quite tricky to overcome. In line with the task of institution Indonesian National Police (INP) in an effort to maintain security and order and enforcement of justice citizens, then the effectiveness of the investigation and the disclosure of a criminal offense it is important to be maximized. The aim is to give meaning to the rule of law in Indonesia that provides fairness, expediency and legal certainty.Keywords: Criminal Law; Police; Effectiveness; Law Enforcement

scholarly journals Features of Coordination Activities of Prosecuting Authorities of Ukraine in the Field of Combating Crime and Corruption

2021 ◽  
Vol 7 (5) ◽  
pp. 4001-4010
Author(s):  
Anton Voitenko ◽  
Keyword(s):  
Decision Making ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Law Enforcement Agencies ◽  
High Quality ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Administrative Legislation ◽  
And Control ◽  
Practical Recommendations

The article presents the substantiation of theoretical provisions and the development of practical recommendations for improving the coordination of prosecuting bodies of Ukraine in the field of combating crime and corruption based on studying the features of such coordination. It is proposed to understand the coordinative activity of prosecuting bodies as the direct activities of prosecutors to the organization of interaction between public authorities and the prospect of achieving the goal based on compliance with the rule of law. It is established that coordination of law enforcement agencies, including prosecuting authorities, in the context of combating crime and corruption should be based on the principles of the rule of law, legality, independence and equality of the subjects which carry out coordination activities, the obligation to implement measures to combat crime and control the implementation, systematic and complete use of various forms of coordination activities, publicity and openness in implementation of coordination measures, independence of bodies involved in decision-making, based on the results of coordination activities, the responsibility of heads of prosecuting bodies for the results of high-quality and timely coordination of measures to combat crime and corruption. It is proved that properly organized relations between the prosecuting bodies give grounds for increasing the effectiveness of the implemented measures in combating crime and corruption. It is suggested that the prospects for further research improve the administrative legislation governing the activities of the prosecuting authorities of Ukraine in combating corruption.

Particularitățile procedurii de contestare a actelor executorului judecătoresc în legislația din Republica Moldova

2021 ◽  
Vol 2021 (2021) ◽  
pp. 101-111
Author(s):  
Igor COBAN ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
European Convention ◽  
The Rule Of Law ◽  
Republic Of Moldova ◽  
Civil Court ◽  
Procedural Law ◽  
The Republic ◽  
The Right

Enforcement is a fundamental institution of civil procedural law and an essential component of justice in a state governed by the rule of law. Enforcement in the light of the European Convention on Human Rights is an integral part of the „right to a fair trial”. The mere recognition of the right or the obligation of the debtor to restore the violated or contested right is often not enough. The legislator of the Republic of Moldova modernized the enforcement system by reforming it to the private system of enforcement of civil court documents. The object of this study is the particularities of the procedure for contesting the acts of the bailiff according to the legislation of the Republic of Moldova.

scholarly journals Towards a Single Government Approach via Further Consolidation of Law and Order in Estonia, with Domestic Violence as an Example

2018 ◽  
Vol 27 ◽  
pp. 104-116
Author(s):  
Raul Narits ◽  
Silvia Kaugia ◽  
Iris Pettai
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Social Problems ◽  
Legal Practice ◽  
Law And Order ◽  
Special Interests ◽  
Law Enforcement Agencies ◽  
Extensive Experience ◽  
The Rule Of Law ◽  
Positive Nature

An appropriate ‘solution pattern’ for social problems in a state based on the rule of law entails the existence of corresponding legislative regulations. The solution should be approved at the level of a law as a legislative act of supreme juridical power. A solution created at that level would fully correspond to the principle of rule of law and also minimise the possibility of socalled departmental special interests prevailing, in recognition that this danger accompanies efforts toward the solution of every multifaceted problem. The authors find that, since Estonia already possesses relatively extensive experience in legislative consolidation for various aspects of the society’s reality, with most of this experience being of a positive nature, it would be a most welcome development if the issue of DV were to be included in the current process of consolidation under the auspices of the project Towards the Development of Better Legislation. Legislative drafting is stimulated by the perception of acute social problems and of a need to regulate them by legislative means. Results from 2014 and 2017 surveys show that Estonia’s legal practitioners perceive DV as a problem the causes of which demand research and whose victims require help. Most legal practitioners surveyed encountered DV in their day-to-day work, with prosecutors and police detectives bearing the heaviest burden: it consumed nearly one third of their work hours. A serious problem was identified in prejudice and stereotypes, which yield an oversimplified and distorted image of the actual causes of DV, in which the victim frequently is considered responsible. Both the general population and legal practitioners widely share the erroneous impression that the victims could avoid violence through ‘appropriate conduct’. Such stereotypic attitudes wherein victims are considered partially to blame for violence can obstruct the work of law-enforcement agencies. While the idea of a special law on DV found support and scepticism in roughly equal measure, support for it increased significantly when respondents judged the concrete opportunities and solutions offered by such a law. These legal practitioners perceived numerous bottlenecks and unsolved problems in relation to the existing legislative regulation and legal practice, which one would expect to be overcome through a special law on DV. The authors conclude from the survey-based findings that Estonia’s legal practitioners demonstrate considerable anticipation for a law on DV. The participants in the surveys also perceived an increasing need for co-operation with law-enforcement agencies in this regard – i.e., for concentrating on collaboration within this domain. However, the authors consider it undoubtedly important also to increase the involvement of specialists in the DV field: victim support services, staff of women’s shelters, and municipal social workers. 

scholarly journals CONCEPT AND SYSTEM OF IMPACT MUNITIONS USED IN LAW ENFORCEMENT

2021 ◽  
Vol 3 ◽  
pp. 89-101
Author(s):  
I. Haraberiush
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Law Enforcement Officers ◽  
Protective Equipment ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Special Means ◽  
Definition Of ◽  
Technical Features ◽  
Enforcement Activity

This article examines importance of impact munition based on new conceptual ideas related to humanization of forms and methods of law enforcement. It is emphasized that in implementation of public safety and the order of law enforcement agencies should meet requirements of the rule of law whereby human, his rights and freedoms are recognized as the highest values and determine the content and direction of the state and its legal institutions. It is emphasized that use of specific means contributes to implementation of this principle by creating opportunities to avoid injuries and casualties by law enforcement officers, ordinary citizens and among offenders directly. It is noted that specific means should be considered as protection means and separated from non-lethal weapons. Definition of specific protection means is given. The system of specialized protective equipment is considered because of a conceptual position: specialized protective equipment of law enforcement agencies is a basic concept and consists of subsystems that have their own structure. Place of specialized protective equipment in the system of specialized machinery of law enforcement agencies is determined. System of specialized protective equipment of and branches of these means are structured considering purpose of special means and tactical and technical features of their application in law enforcement activity.

scholarly journals ON CERTAIN PROBLEMS OF CONFERMENT OF THE TITLE «LABOR VETERAN»: ANALYSIS OF LEGISLATION AND LAW ENFORCEMENT PRACTICE

2020 ◽  
Vol 6 (4) ◽  
pp. 38-42
Author(s):  
A. A. Elaev
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Russian Federation ◽  
Labor Relations ◽  
Labor Rights ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
Long Time ◽  
The Russian Federation ◽  
The Right

The right to free work and choice of activity is enshrined in the Constitution of the Russian Federation. At the same time, ensuring and protecting the labor rights of citizens is one of the main categories of the rule of law. The legislation of the Russian Federation regulating labor relations is aimed at encouraging a conscientious attitude to work for a long time, and one of these types of encouragement is the title Veteran of labor. However, in practice, quite often there are certain difficulties that arise due to departmental and regional rulemaking. The article attempts to analyze the current situation based on judicial practice.

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