9. National and international responses to computer-related crime

2017 ◽  
Author(s):  
Ian J. Lloyd
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Council Of Europe ◽  
Law Enforcement Agencies ◽  
National Legislation ◽  
Limited Effectiveness ◽  
The Eu

This chapter discusses the application of the criminal law to computer-related crime. Criminal law was traditionally seen as the province of national authorities. However, as developments in technology gathered pace, it became increasingly apparent that national legislation might be of limited effectiveness. Beginning with the Council of Europe Cybercrime Convention, which was opened for signature in 2001, there have been a number of international initiatives with the EU also becoming increasingly active in the field. As well as making provision for harmonising substantive criminal offences, there have been moves to enhance cooperation between law enforcement agencies at a procedural level.

9. National and international responses to computer-related crime

2020 ◽  
pp. 161-172
Author(s):  
Ian J. Lloyd
Keyword(s):  
United States ◽  
Criminal Law ◽  
Common Law ◽  
The United States ◽  
The Internet ◽  
Council Of Europe ◽  
Law Enforcement Agencies ◽  
Legislative History ◽  
Limited Effectiveness ◽  
Almost All

Computer related crime features increasingly prominently in criminal statistics. As we move towards a cashless society where money is represented by data held on a computer system, so the range and scale of conduct is assuming almost epidemic proportions. Significant issues arise whether and where particular forms of conduct constitute criminal offences. These decisions have historically been a matter for national authorities. As with many issues covered in this book, the emergence of the Internet has brought about significant changes as it has become increasingly apparent that national legislation can be of limited effectiveness. Although cross-border conduct has occurred for very many years and the doctrine of extradition is a well-established one, such actions were the exception to a norm in which all aspects of conduct occurred in a single jurisdiction. The United Kingdom’s legislative history in the field of computer related crime date to the Computer Misuse Act of 1990. In many respects, this legislation restated the position that had been reached under common law where a number of cases had determined that computer related conduct could be prosecuted under existing provisions of the criminal law. In 2001 the Council of Europe Cybercrime Convention was opened for signature and remains the most significant international instrument in the field, having been ratified by almost all European States and a number, including the United States, of non-European jurisdictions. As well as making provision for harmonising substantive criminal offences, there have been moves to enhance cooperation between law enforcement agencies at a procedural level.

scholarly journals EU Criminal Law Policy Under The Lisbon Treaty

2020 ◽  
pp. 160-169
Author(s):  
O.O. Kotsubei
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Major Part ◽  
Mutual Recognition ◽  
Lisbon Treaty ◽  
Direct Impact ◽  
National Legislation ◽  
Criminal Jurisdiction ◽  
Legal Instrument ◽  
The Eu

The new provisions introduced by the Lisbon Treaty provide flexibility and thus eliminate many questions about whether the EU can be empowered to act in any area of criminal law. However, its powers and tools raise other issues. First, the Lisbon reforms demonstrate an agreement to disagree on whether centralized action should form a major part of national legislation. Although the application of mutual recognition as a constitutional standard implies that Member States remain at the forefront of law enforcement, the Lisbon Treaty clearly allows for future decisions on the centralization of powers in EU institutions such as Europol and Eurojust. It also does not provide for unconditional criminal jurisdiction, but imposes some restrictions. Directives are also a problem as a legal instrument by which the Union can establish minimum rules. Given the significant limitations of the Directive as a tool and the potential lack of direct impact on instruments containing minimum rules, the question arises as to whether any provisions in the section on Freedom, Security and Justice can allow the creation of directly applicable criminal law in the form of regulations. acts, or whether it is possible to use these or other powers that are allegedly outside the scope of this section to circumvent the references to the directives. In addition, it should not be forgotten that the TFEU provides for exclusive, shared and supportive competences in the field of criminal law policy.

scholarly journals Combating credit fraud: experience of Ukraine and some other European Countries

2021 ◽  
Vol 10 (42) ◽  
pp. 93-102
Author(s):  
Volodymyr Cherniei ◽  
Serhii Cherniavskyi ◽  
Alexander Dzhuzha ◽  
Viktoria Babanina
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
The Other ◽  
Financial Fraud ◽  
Law Enforcement Agencies ◽  
Legal Method ◽  
Criminal Offenses ◽  
European Union Countries ◽  
General Scientific ◽  
The Eu

The article is devoted to the study of the peculiarities of combating fraud in the field of finance, in particular, combating crimes in the field of lending. The experience of Ukrainian law enforcement agencies in combating credit fraud has been studied. The experience of some European Union countries in combating financial fraud is analyzed. To achieve the goal of the paper a set of general scientific and special methods was used, such as method of system-structural analysis, dogmatic (formal-logical), historical, general sociological, comparative-legal method and others. It is concluded in the article that the rules of criminal law of Ukraine establish more severe penalties for some crimes compared to EU countries. For example, this applies to crimes in the field of money laundering. On the other hand, some offenses that do not qualify as crimes in Ukraine are recognized as criminal offenses in the EU. For example, this applies to abuses in the field of insurance. According to the results of the study, the solution of some important issues is proposed such as improvement of the current legislation in the field of credit and financial relations, adaptation of the legislation of Ukraine to international norms and standards in the system of credit and financial relations.

scholarly journals Counteraction to Corruption Offences in Ukraine and the EU: Comparative Legal Aspect

2020 ◽  
Vol 9 (5) ◽  
pp. 227
Author(s):  
Myroslav Yu. Durdynets ◽  
Raisa V. Perelyhina ◽  
Olga A. Klymenko ◽  
Iryna M. Semeniuk ◽  
Lidiia M. Kostetska
Keyword(s):  
Law Enforcement ◽  
Legal Aspect ◽  
Criminal Prosecution ◽  
Public Officials ◽  
Council Of Europe ◽  
Law Enforcement Agencies ◽  
Public Authorities ◽  
Important Conclusion ◽  
Eu Countries ◽  
The Eu

The article focuses on counteraction to corruption offences in Ukraine and the EU. To this end, the authors conducted a consistent analysis of international legal acts in the field of combating corruption, in particular the United Nations Convention against Corruption of 10/31/2003; Council of Europe Criminal Convention for the Suppression of Corruption (ETS 173) No. ETS173 of 01/27/1999; Resolutions (97)24 of the Committee of Ministers of the Council of Europe on the Twenty Guiding Principles for the Fight against Corruption, etc. The study provides a systemic analysis of individual cases of experience in counteraction to corruption offences in EU countries. Experience of Great Britain, France, Germany, Belgium, Sweden, etc. is explored. The authors proved that all EU countries provide criminal liability for committing corruption offences. In different countries, criminal laws differ in the different levels of detailing of crime, as well as in the different content of the concept of corruption offence. It is proven that corruption must always be considered as criminal offence only. Today, such unambiguity is advisable in the fight against corruption in Ukraine, where the criminalization of a number of blatantly corrupt practices, such as unjust enrichment, lasts for a long period and is ambiguously effective. The article also concludes that the most effective approach of legal support for combating corruption is one that covers criminal prosecution, disclosure of information about public authorities and private entities, their income levels, their wealth, etc., as well as the interaction of law enforcement agencies with the fiscal authorities. On the example of EU countries, we showed that monitoring of financial information of public officials under the private and public laws with the proper level of analytical support for its processing provides the necessary basis for law enforcement agencies to initiate criminal proceedings for such crimes. Special attention is also paid to expanding the scope of administrative services provided by public officials as being covered by the attributes of corruption and lacking legislative support. This will significantly increase the level of transparency of the activity of public authorities, while reducing the level of corruption manifestations. An important conclusion of the article is that the effectiveness of criminal prosecution for committing corruption offences depends on the level of legal culture and the level of legal awareness of both the public and public servants.

scholarly journals Prosecutor, as guarantor of legality during registration statements, reports on committed criminal offenses: problems and reality

2019 ◽  
Vol 31 (1) ◽  
pp. 194-202
Author(s):  
K. Shapovalovа
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
National Legislation ◽  
Criminal Offenses ◽  
Practical Recommendations ◽  
Investigation Information

The article deals with the issues of procedural ensuring of consideration of applications and reports on criminal offenses committed in the activities of the investigation authorities, analyzes the peculiarities of the supervisory activity of the prosecutor at this stage of criminal proceedings, identifies his powers, the main criteria for assessing the effectiveness of prosecutorial supervision over observance of laws in the activities of investigating agencies, generalized violations  in the form of not entering into the Uniform Register of pre-trial investigation information about criminal law enforcement.  Based on the analysis of the CPC of Ukraine, departmental orders and instructions of law enforcement agencies that regulate the issues of filing and reviewing applications and reports on criminal offenses, the algorithm of the actions of the prosecutor on ensuring compliance with the lawfulness of the investigation bodies during the reception, registration, registration and consideration of applications is determined and characterized, reports of criminal offenses committed.  A number of theoretical provisions, conclusions and practical recommendations aimed at improving the norms of the national legislation and increasing the efficiency of the prosecutor's activity in the field of criminal proceedings are formulated.

scholarly journals CRIMINAL LAW AND CRIMINALISTICS PROBLEMS OF LAW ENFORCEMENT AGENCIES ACTIVITY IN ARCTIC REGION

2019 ◽  
Vol 23 (2) ◽  
pp. 244-263
Author(s):  
Lev V. Bertovsky ◽  
Lev R. Klebanov
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Arctic Region ◽  
Russian Arctic ◽  
Law Enforcement Agencies ◽  
Local Fauna ◽  
Successful Development ◽  
Arctic Conditions ◽  
Sparse Population ◽  
Special Factors

The actual problems of criminal law and criminalistics with which law enforcement agencies in Arctic have been facing are concerned in the present article. Successful development of Arctic region demands struggling against criminality affected by special climate, geographic, ethnic, social, legal and another factors. These circumstances roughly embarrass the combating with criminality in Arctic, taking into account sparse population of the region, remote location of communities from organs of state power, ingenious people alcohol abusing, negative affecting of harsh arctic conditions on mental health of inhabiting person. Being one of the richest recourse region all over the world, Arctic has becoming the stage of competition between arctic states. Upkeeping of order on Russian arctic territory is very important aim under these circumstances. In the article legal regiment of Arctic is concerned and characteristic of Arctic social and economy situation is given. The authors demonstrate structure of Arctic criminality and crimes committed on this territory are analyzed. Special attention is centered on analyzing of ecological crimes committed in Arctic taking into account wealthy of local fauna and environment. The problems of law enforcement criminalistics providing also are attentively analyzed, for example, issues of criminalistics methodic for crime investigation, usage of the new technic tools and devises of criminalistics, interconnection between investigators and detectives. Such interconnection is embarrassed by remote locations islands from mainland. The article is grounded on extensive materials from empiric, scientific and law origins related to criminality existing in the different Arctic countries (USA, Canada, Russia, Scandinavian states). This article is the first one discussing various problems of combatting criminality in Arctic region. In the process of preparing the article authors have come to conclusion that Arctic crimes there committed poses special sort of criminality - “frozen” criminality. Such sort provided by special factors must be explored in the future in order to get success while combating the criminality in Arctic.

scholarly journals KEBIJAKAN PENGGUNAAN SANKSI PIDANA DALAM PERUNDANG--UNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASIUNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASI

2016 ◽  
Vol 1 (1) ◽  
pp. 135
Author(s):  
Eman Sulaiman
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Administrative Law ◽  
Law Enforcement Agencies ◽  
Criminal Sanctions ◽  
Procedural Law ◽  
State Administration ◽  
The One ◽  
Level Of Understanding

<p>Abstract</p><p><span>The use of criminal sanctions as the main sanction has indicated the extent to<br /><span>which the level of understanding of the legislators to the problem of "crime and<br /><span>punishment". At least show that the limited understanding of the use of criminal<br /><span>sanctions also affect the determination of criminal sanctions in administrative<br /><span>law. "Errors" in the formulation of the implications for the difficulty and<br /><span>confusion in the law enforcement, because there is a gap of two disciplines,<br /><span>namely the criminal law on the one hand and on the other hand administrative<br /><span>law, which has its own procedural law. This confusion will lead to ambiguity in<br /><span>the resolution of cases of violation of administrative law contains criminal<br /><span>sanctions, whether enforcement will be carried out by law enforcement agencies<br /><span>within the criminal justice sisitem or whether officials of the state administration<br /><span>in the sphere of administration? Such circumstances, of course, will lead to the<br /><span>existence of legal uncertainty for the community.<br /><span>Kata Kunci: <em>sanksi pidana, hukum pidana, hukum administrasi</em></span></span></span></span></span></span></span></span></span></span></span></span></span><br /></span></p>

scholarly journals The Role of Law Enforcement Agencies in Preventing Dowry-Related Crimes in Bangladesh and India

2015 ◽  
Vol 23 ◽  
Author(s):  
Mohammad Abu Taher ◽  
Siti Zaharah Jamaluddin
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Continuous Process ◽  
Judicial Decision ◽  
Law Enforcement Agencies ◽  
Secondary Sources ◽  
Social Custom ◽  
The Law ◽  
Victims Of Violence

Laws are made for implementation. Needless to say, the effective enforcement of laws depends on proper functioning of the law enforcement agencies. Both the Governments of Bangladesh and India have enacted a number of legislations relating to the issue of dowry. Payment of dowry is a social custom still prevalent in both countries where women have become victims of violence every year. Thus, it is the law enforcement agencies that can prevent the women from the menace of dowry-related crimes through the proper application of existing criminal law. In this context, the role of the law enforcement agencies concerning crimes of dowry is crucial. Enforcement of law is a continuous process from the time an offence is reported till the offender is prosecuted and punished. This is a long process involving various stages such as, investigation, prosecution, trial and judicial decision. In this long procedure numerous agencies e.g., the police, the judiciary and the lawyers play their roles. The article looks at the position in Bangladesh and India because unlike India, where there exists the dowry prohibition Officer who deals with dowry demands, Bangladesh lacks a similar enforcement mechanism. Thus, the objective of this article is to examine the position in both countries where the role and functions of the law and law enforcement agencies are made. The article is developed based on the analysis of secondary sources and the decisions of the judiciary of Bangladesh and India concerning dowry-related crimes.

scholarly journals CYBERCRIME COMPARISON UNDER CRIMINAL LAW IN SOME COUNTRIES

2018 ◽  
Vol 5 (2) ◽  
pp. 217
Author(s):  
Andri Winjaya Laksana
Keyword(s):  
United States ◽  
Law Enforcement ◽  
The Netherlands ◽  
Criminal Law ◽  
The United States ◽  
The Philippines ◽  
The Internet ◽  
Law Enforcement Agencies ◽  
Intelligence Services ◽  
Cross Country

Cybercrime has been become a major portion for law enforcement agencies and intelligence services to both national and international matter, development of information and technology’s crime resulted in every country have a different policy of criminalization. The emphasis on cross-country has made a crime on the internet is not just a national issue, but has become an International problem. therefore it is important to have uniformity in the prevention of cybercrime that this crime can be solved. Based on the comparison of cybercrime that included the rules from various countries including the United States, Singapore, the Netherlands, the Philippines, Myanmar as a reference in the application of criminal law enforcement regulations regarding cybercrime seal the document.

scholarly journals Frontline Response to High Impact Domestic Violence in Portugal

2021 ◽  
pp. 215-238
Author(s):  
Paulo Machado ◽  
Lúcia G. Pais ◽  
Sérgio Felgueiras ◽  
Carina Quaresma
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Criminal Law ◽  
High Impact ◽  
Law Enforcement Agencies ◽  
Social Transformations ◽  
National Network ◽  
The Law ◽  
The Government

There have been profound social transformations in Portugal in the last 50 years. Portugal currently adheres to the international and European agenda to prevent domestic violence. In the chapter the Portuguese legislation and the reporting figures regarding domestic violence, the role of the Law Enforcement Agencies, other first responder agencies, and pertinent stakeholders in responding to high impact domestic violence, as well as the National Network for the Support of Victims of Domestic Violence, are addressed. The authors also discuss good practices and significant challenges. Two of these are intertwined – none of them is quickly addressed, nor can they be addressed by themselves. One is developing a collective attitude that considers domestic violence as unacceptable behaviour, besides being punished by the criminal law. The other is directly posed to the law enforcement agencies and has to do with the increasing complexity of the operational procedures (derived from the new tools presented by the government recently). The problem of elites provoking social change on a superlative level is to forget that adopting new social models is not achieved by decree but through social influence processes, which takes time.

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