Modelling Attribution

2017 ◽  
Author(s):  
Clement Guitton
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Government Officials ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Security Incident ◽  
Intelligence Services ◽  
Terrorist Organization ◽  
State Actor ◽  
Criminal Incident

How and why does the attribution of an incident become the responsibility of the executive rather than the judiciary? How do the processes of attributing a criminal incident and attributing a national security incident differ? This chapter offers a two-pronged model for attribution, based on the nature of the process either as criminal or as a threat to national security. Criminal cases rarely rise to the level of "national threat," and are mostly dealt with by law enforcement agencies and subsequently by judiciary organizations. Several cases, based on certain criteria, fall within the remit of the executive rather than the judiciary, because government officials regard them as threats to national security. This transfer has several consequences. First and foremost, the question of knowing the full name of the attacker becomes less relevant than knowing who the enemy is and who the sponsors are; for instance, a state actor or a terrorist organization. Second, a national security incident usually implies broader investigative powers, especially those of intelligence services, which can use secret methods bordering legality.

scholarly journals Translated Transcripts From Covert Recordings Used for Evidence in Court: Issues of Reliability

2021 ◽  
Vol 6 ◽  
Author(s):  
David Gilbert ◽  
Georgina Heydon
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Criminal Activity ◽  
Organised Crime ◽  
Complex Environment ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Nation States ◽  
Australian State ◽  
Using Data

Nation states increasingly apply electronic surveillance techniques to combat serious and organised crime after broadening and deepening their national security agendas. Covertly obtained recordings from telephone interception and listening devices of conversations related to suspected criminal activity in Languages Other Than English (LOTE) frequently contain jargon and/or code words. Community translators and interpreters are routinely called upon to transcribe intercepted conversations into English for evidentiary purposes. This paper examines the language capabilities of community translators and interpreters undertaking this work for law enforcement agencies in the Australian state of Victoria. Using data collected during the observation of public court trials, this paper presents a detailed analysis of Vietnamese-to-English translated transcripts submitted as evidence by the Prosecution in drug-related criminal cases. The data analysis reveals that translated transcripts presented for use as evidence in drug-related trials contain frequent and significant errors. However, these discrepancies are difficult to detect in the complex environment of a court trial without the expert skills of an independent discourse analyst fluent in both languages involved. As a result, trials tend to proceed without the reliability of the translated transcript being adequately tested.

Systematic Government Access to Private-Sector Data in Israel

2017 ◽  
Author(s):  
Omer Tene
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Attorney General ◽  
Law Enforcement Agencies ◽  
Competing Interests ◽  
Government Power ◽  
Protection Of Human Rights ◽  
Constitutional Right ◽  
The One ◽  
Sector Data

Israel is a democracy committed to the protection of human rights while at the same time trying to contain uniquely difficult national security concerns. One area where this tension is manifest is government access to communications data. On the one hand, subscriber privacy is a constitutional right protected by legislation and Supreme Court jurisprudence; on the other hand, communications data are a powerful tool in the hands of national security and law enforcement agencies. This chapter examines Israel’s attempt to balance these competing interests by empowering national security agencies while at the same time creating mechanisms of accountability. In particular, Israel utilizes the special independent status of the attorney general as a check on government power.

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.

scholarly journals Criminalistics is not the science of prosecution or defense, but aimed at judicial resolution of criminal cases

2021 ◽  
pp. 116-123
Author(s):  
A. N. Khalikov
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Criminal Responsibility ◽  
General Trend ◽  
Preliminary Investigation ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Forensic Research ◽  
The Subject ◽  
Judicial Errors

The article considers the purpose of criminalistics as an objective science. The author briefly analyzes the definitions of the subject of criminology proposed by scientists in different years. At the same time, the General trend becomes obvious — the monopolization of criminology by law enforcement agencies. With reference to the position of the Patriarch of Russian criminalistics R. S. Belkin, the author expresses his opinion that criminalistics cannot and should not serve only state law enforcement agencies. The results of forensic research can be successfully used in criminal cases by the defense party-lawyers and other representatives of suspects and accused. The article provides examples when abuses by the preliminary investigation bodies with reference to the use of criminalistics provisions led to judicial errors and bringing innocent persons to criminal responsibility. Only in court, when using the evidence presented by the parties to the defense and prosecution, obtained, including through the use of recommendations of forensic science, a criminal case can be fairly resolved. 

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 Operational and Intelligence Activities of the Law Enforcement Agencies in the System of Ensuring National Security

2021 ◽  
Vol 108 ◽  
pp. 03017
Author(s):  
Alexander Ivanovich Melikhov ◽  
Gennady Svyatoslavovich Pratsko ◽  
Victoria Aleksandrovna Chistova ◽  
Olga Dmitrievna Tyutyunik ◽  
Olga Aleksandrovna Nenakhova
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Legal Aspects ◽  
Information Support ◽  
Scientific Development ◽  
Russian Society ◽  
Law Enforcement Agencies ◽  
Stage Of Development ◽  
Human Need ◽  
The Law

The transition to the postmodern stage of development of Russian society, by the subsequent change of the system of civilizational values, required the scientific development of a new attitude to security as a basic human need with regard to changing the nature of traditional threats and interests and the emergence of completely new ones. The process of globalization being developed in the information age weakens traditional state institutions and requires a new look at national security not only as a category of foreign policy and military matters but also as an internal problem solved through operational and intelligence activities. The purpose of the study was to identify the current problems in the theory of national security by means of an analysis of scientific studies of the phenomenon of security in Russia; to consider security as a function and feature of the social system; to consider the Operational and intelligence activities of the law enforcement agencies as a mean for ensuring national security; to identify the conditions and factors of operational and intelligence activities that negatively affect the effectiveness of ensuring national security. In the course of the research, using computer indexing, about 1300 scientific, educational and methodological sources on national security and internal affairs issues have been processed and analyzed in the semantic, philosophical and legal aspects. The study examines modern theoretical and practical problems of ensuring national security as part of operational and intelligence activities of the law enforcement agencies. Operational and intelligence activities is considered in the national security system as a means of its information support, as well as as a tool for combating criminal, military and other threats. For the first time, considered are the conditions and factors of the operational and intelligence activities that negatively affect the effectiveness of ensuring national security.

scholarly journals Penal Mediation as the Concept of Restorative Justice in the Draft Criminal Procedure Code

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Emmanuel Ariananto Waluyo Adi
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Procedural Law ◽  
Private Realm ◽  
Procedure Code ◽  
The Law

The law recognizes both litigation and non-litigation settlement mechanisms, but it is almost not explicitly regulated for non-litigation settlement in criminal cases. Non-litigation in criminal recognizes the concept of restorative justice for the public interest, which is different from the private realm in civil. The concept of restorative justice exists to rehabilitate the state of criminals so that they are accepted back into the community. The concept of restorative justice is manifested in the mediation mechanism in criminal law in the form of penal mediation, but penal mediation does not yet have a legal umbrella. The non-progressive normative application of the law results in the overcapacity of prisons/remand centres. Currently, the Draft Criminal Procedure Code (hereinafter as RKUHAP) is being drafted, which does not yet regulate the application of non-litigation solutions. Later, it can be applied by law enforcement agencies so that problems such as overcapacity prisons are resolved and the creation of peaceful order in the community. This study aims to provide a view of the concept of penal mediation in criminal procedural law to serve as an aspiration for the consideration of the parties involved in the preparation of the substance of the RKUHAP. This paper uses a normative approach with technical analysis using hermeneutic analysis and interpretation methods.

scholarly journals Security and defense sector of Ukraine in the mechanism of realization of the defense function of the state

2020 ◽  
pp. 78-82
Author(s):  
Viacheslav Alexandrov
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
National Guard ◽  
Armed Forces ◽  
Civil Defense ◽  
The State ◽  
Industrial Complex ◽  
Law Enforcement Agencies ◽  
Security Forces ◽  
Defense Function

The article highlights the aspects of the Security and Defense Sector’s defense function. Based on the analysis of the legislationof Ukraine, the specifics of the normative regulation of the content of the category “defense”, as well as the diversity of doctrinal understandingof this category are highlighted. It is noted that the defense function of the state is realized, in fact, by all elements of the powermechanism. In this way, the state of readiness of the state “defense forces” necessary for the flow of armed aggression is achieved.Along with this, it was noted that within the framework of the state mechanism, it is expedient to single out those structures whosecompetence directly provides for the implementation of the defense function.The structure of the security and defense sector contains four components, which are differentiated according to their functionalpurpose and legal nature. In particular, these are: 1) security forces; 2) defense forces; 3) defense-industrial complex; 4) public associationsthat voluntarily participate in ensuring national security. It is also worth noting that the institutional components of Ukraine’ssecurity and defense sector belong to both the state apparatus and civil society institutions.The content of the categories “security forces” and “defense forces” is distinguished. Security forces are law enforcement andintelligence agencies, state bodies of special purpose with law enforcement functions, civil defense forces, as well as other bodiesentrusted by the Constitution and laws of Ukraine with functions to ensure the national security of Ukraine. In turn, the defense forcesinclude the Armed Forces of Ukraine, as well as other military formations, law enforcement agencies and intelligence agencies formedin accordance with the laws of Ukraine, as well as special purpose bodies with law enforcement functions, which are assigned by theConstitution and laws of Ukraine. The main institutional element of the Security and Defense Sector is the Armed Forces of Ukraine.It is the Armed Forces that protect the sovereignty of the state and territorial integrity, as well as ensure the inviolability of state borders.Emphasis is placed on the function of the National Guard of Ukraine and the State Border Guard Service of Ukraine as important componentsof the security and defense sector.It is noted that today the subordination of military institutions and law enforcement agencies to various ministries and authoritiesis a factor that may negatively affect their interaction in the process of performing the tasks provided by law. Therefore, we consider itexpedient for the President of Ukraine, as the Head of State and the Supreme Commander-in-Chief of the Armed Forces of Ukraine, toadopt a normative act on cooperation between the Security and Defense Sector in the process of armed defense of Ukraine’s territorialintegrity and state sovereignty.

scholarly journals FEATURES OF INVESTIGATION OF IMPROPER PERFORMANCE OF PROFESSIONAL DUTIES BY MEDICAL AND PHARMACEUTICAL WORKERS

2020 ◽  
pp. 290-298
Author(s):  
K. Yanishevska
Keyword(s):  
Higher Education ◽  
Law Enforcement ◽  
Evidence Base ◽  
Medical Professional ◽  
Document Management ◽  
Primary Data ◽  
Medical Law ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Criminal Offenses

The article is devoted to current issues and features of the investigation of improper performance of professional duties by a medical or pharmaceutical worker. Since recently the sphere of medical care has been increasingly suffering from a large number of criminal attacks, and the results of the investigation and evidence of guilt of the subjects of the crime require higher results, it would be appropriate to pay attention to the problems that law enforcement agencies today have to investigate this category criminal assaults. The main proposals regarding the investigation process of the improper performance of professional duties by medical workers are indicated. The article analyzes statistical data that record a sufficiently large number of these criminal offenses, but the results of the consideration of these cases are imperfect. This is due to the complexity of the investigation of this category of cases, in particular their latency, insufficient evidence base, caused by the possibility of concealment or distortion of facts, etc. To ensure an objective review of the case, namely, for the reliability and completeness of medical data, based on which the evidence base is built, it is proposed to use an electronic healthcare system, in particular, an electronic document management system, which, due to modern technologies for recording primary data, could eliminate the possibility of destruction of evidence (medical certificates, test results, medical history, etc.) and their further falsification. To solve the problem of the lack of a methodology for investigating the improper fulfillment of professional duties by a medical or pharmaceutical worker, it is proposed to develop forensic issues regarding both the tactics of investigative actions and other aspects of the investigation of these criminal cases. It is also proposed in the article to involve a doctor as a specialist in the interrogation of a medical professional, as he or she can formulate (with the permission of the investigator) those questions, the answers to which will give the necessary information to the experts who will subsequently conduct the examination. Attention is also drawn to the fact that investigating crimes committed by healthcare professionals requires special competence and special training for investigators. Today, such discipline as Medical Law is taught only in some institutions of higher education in the training of specialists in specialty 081 Law, not to mention the educational program for bachelors or masters with the same name. Despite this, it would be appropriate in higher education institutions conducting training for law enforcement personnel to introduce the discipline Medical Law, and for the most investigators investigating medical crimes, introduce an advanced training courses, trainings, online conferences that provided students with deeper knowledge about the features of the organization of the investigation of improper performance of professional duties by a medical or pharmaceutical worker.

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