scholarly journals Protection of Victims in Estonia: A Survey Determining the Status Quo After Implementation of the Directive 2012/29/EU

2019 ◽  
Vol 2 (1) ◽  
pp. 47-65
Author(s):  
Anneli Soo ◽  
Kerly Espenberg

An online survey was conducted in Estonia among 223 judges, prosecutors, police officers and victim support officers; 223 victims were interviewed via phone and 26 legal professionals (including lawyers) were interviewed face to face with an aim to determine the level of protection of victims after implementation of the Directive 2012/29/EU. The results reveal that victims lack knowledge about their rights although law enforcement agencies are, in general, convinced that they do a good job in this respect. Victims desire criminal proceedings in which they are respected, their opinion is heard and matters, and they are kept informed about developments of the case. The reality, however, does not meet their expectations. As law enforcement agencies are focused on determining guilt of a defendant, victims’ needs fall to the background. There seems to be a dichotomy between the expectations of law enforcement officials and those of the victims: While the latter awaits to be contacted and informed, the officials expect at least certain initiative from victims themselves. The idea that victims should be allowed to speak just to provide them with satisfaction and sense of fair proceedings is still somewhat strange for the authorities. When it comes to sentencing, some state officials believe that the opinions of a victim should not even be asked as determination of the punishment is court’s business. Victims’ opinions are much more readily heard in the conciliation proceedings, which are based on the ideas of restorative justice, but in which defendants’ needs seem to have been forgotten.

2019 ◽  
Vol 87 (4) ◽  
pp. 170-178
Author(s):  
O. O. Khan

On the basis of the analysis of the state of research of algorithms and programming of investigative activity in criminalistics, the author has grounded the expediency of applying a programmatic approach to solving typical tactical problems in other areas of law enforcement activities. Theoretical prerequisites for the development of procedural action programs by law enforcement entities in Ukraine (criminal and procedural, operative and search, administrative and jurisdictional) have been determined. The necessity of intensifying scientific researches in the direction of development of branch concepts of tactics of different types of law enforcement activities and their constituent elements (the concept of tactics, tactical situation, tactical task, tactical technique and system of tactical techniques and their situational predetermination) has been determined. In particular, the author has determined that the investigator is not the only possible subject of being armed with tactical recommendations in the form of algorithms and programs. The subject matter of the research of criminalistic tactics is not only investigative activity, but also operative and search, judicial and prosecutorial activity in criminal proceedings. Equally important is the tactical completion of administrative activities of law enforcement agencies and, on this basis, the establishment of programs of action by police officers, border guards, National Guard, customs service, etc. in exercising their administrative powers for the protection of public order and state border, actions in emergency situations, administrative cases, etc. The justification of the possibility of applying a programmatic approach within administrative activities of law enforcement agencies is the uniformity of administrative and jurisdictional, criminal and procedural activities, which are covered by a single concept of “law enforcement activity”. It has been established that the programmatic approach can be applied in any sphere of law enforcement activity, if: 1) such activity is situational in nature, and it is possible to perform the tasks arising during the implementation of this activity through consistent implementation of certain actions; 2) there is the need to streamline these activities by providing tactical recommendations in the modern form with the use of computer technologies and the ability to use them directly in the course of action, in “field conditions”; 3) the level of elaboration of theoretical bases of tactics of a specific type of law enforcement activity is sufficient (the concept of tactics, tactical situation, tactical task, tactical technique and system of tactical techniques has been elaborated).


2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ana Martínez-Catena ◽  
Montse Subirana-Malaret ◽  
Falgars Subirana-Malaret

PurposeLaw enforcement agencies and police officers' efforts were crucial to oversee the public health measures and legal regulations introduced during the Covid-19 pandemic. The study had two objectives: to examine the strategies implemented by law enforcement agencies in Catalonia (Spain) to monitor the pandemic and to explore the adverse working conditions of police officers and their personal difficulties during the state of alarm.Design/methodology/approachA total of 96 experienced police officers completed a closed-ended, anonymous online survey. In addition, complementary information was collected about the management of law enforcement agencies through open interviews. A descriptive analysis was carried out and the association between variables was explored.FindingsIn general terms, law enforcement agencies managed the uncertainty of the situation, with a focus on official information and communication channels between officers. However, many difficulties were reported by the police officers, such us inconsistency between rules, lack of preventive material or changes in work schedules. Besides, the officers' main concern, beyond the emotional impact suffered during this period, was the possibility of being infected or infecting others.Practical implicationsThe congruence between the job requirements and resources, as well as the increase of communication channels during situations of high risk are important variables to assure good job development and personal satisfaction of police officers.Originality/valueTo the knowledge of the authors, at the time of writing this paper, this is the first study in Spain to explore the management of law enforcement agencies and police officers' personal experiences during the Covid-19.


2021 ◽  
pp. 656-673
Author(s):  
N. Akhtyrska

The article discusses topical issues of the use of evidence obtained as a result of covert (investigative) search actions (hereinafter - CISA), in particular, control over the commission of a crime. An analysis of the investigative and judicial practice testifies to the ambiguous interpretation of the tactics of the CISA, which leads to the ruling of acquittals by the courts, since signs of provocation are established in the actions of law enforcement officials. The judicial practice has not developed a unified approach to assessing the actual circumstances of control over the commission of a crime. Different interpretations are allowed by the courts of first instance and appeal. International convention standards provide for the possibility of such measures that are effective in the fight against corruption. The European Court of Human Rights (hereinafter - the ECHR) also recognizes the legality of covert operations in the fight against organized crime and corruption. At the same time, the ECHR points to a number of signs that allow determining the legality of such actions. In particular, the ECHR identifies two groups of criteria: substantive and procedural. Some relate to the nature of the actions of both parties themselves, while others allow the court to assess and verify the procedural grounds and the procedure for conducting the operation. Despite the fact that the Decisions of the European Court of Human Rights are considered a source of law and the courts of Ukraine are obliged to use them in legal proceedings, in practice a number of unresolved questions arise when assessing evidence. That is, whether they are reliable and proper. Alternatively, is there a provocation, that is, a criminal offense, excluding person’s accusation? The general criteria for provocation is the repeated offer by the agent to commit any illegal actions; verbal, organizational, psychological acts aimed at provoking, an attempt to evoke compassion, pity; use of friendly ties. The very fact of expressing “abstract readiness” (to hand over an unlawful benefit) on the part of law enforcement agencies is not a provocation. A new direction in expert practice, linguistic expertise, which solves questions of speech and law, is used in Ukraine in this category of criminal proceedings extremely rarely. Since the operational purchase, test purchase, special investigative experiment are carried out in conditions of direct establishment of interpersonal communication, the content of communication should be considered from the point of view of tactical characteristics (psychological, organizational, speech), for the presence of a call to commit illegal actions by insisting, persuasion: – the use of nihilistic culture, the prevailing illegal practice (“Everybody does it”, “You have to live”), – willingness to pay (“I collected money”), – involvement in the subject’s problems, which he/she can solve with the help of illegal benefits. Using the example of a specific criminal proceeding, the author reveals the mistakes of the investigating authorities and justifies the advisability of raising the level of awareness regarding the use of the possibilities of linguistic expertise to establish signs of provocation, indicating passive corruption or the exclusion of charges.


Author(s):  
Dmytro Tinin ◽  
Volodymyr Tymofieiev

Today, a certain conflict in judicial practice, the current criminal procedural and criminal-executive legislation of Ukraine is the procedure for execution of court sentences related to imprisonment, from the moment they enter into force. At the legislative level, the limits of competence of the National Police officers remain unresolved after the receipt of such a sentence to any police unit and the procedure for their execution. When enforcing a court sentence, law enforcement officers have a number of problems that make it impossible to enforce it, or even inaction is formed on their part. As a result, these factors contribute to convicts evading punishment or committing other crimes at this time. To date, the legislator does not define the competence of the National Police and does not include in its responsibilities the execution of court decisions related to imprisonment. However, when deciding on the determination of the body that will execute such a decision, the judicial institution is guided only at its own discretion or by the materials of the criminal proceedings in which it will be adopted. To solve such problems, it is necessary to correctly determine the procedure for each body to perform its functions. Such decisions cannot be made by the heads of structural subdivisions alone, and therefore this leads to the solution of this problem at the level of departmental management with further amendments to the legislation governing the activities of their sectoral services.


2020 ◽  
Vol 9 (29) ◽  
pp. 384-394
Author(s):  
Serhii Khalymon ◽  
Vitalii Serediuk ◽  
Volodymyr Martynenko

The research is devoted to the study of the attitude of law enforcement officials, civil servants and ordinary citizens to the institute of corruption whistle-blowers on the example of Ukraine. To this end, 351 people were interviewed. Generalized results indicate that the vast majority (75%) of Ukrainian citizens are aware of the institute of corruption whistle-blowers. Ukrainian society has a positive attitude to the corruption whistle-blowers, (51,6%) of those who were interviewed believe that the whistle-blowers fulfil an important mission. The willingness of Ukrainians to participate in exposure of corruption is lower (39,3%) than the number of people who approve activities of the whistle-blowers. It also avouches that not all conditions, including the social and legal protection of whistle-blowers, have been created in Ukraine. There is a high risk of persecution, including from public authorities, according to (89,4%) respondents. The existing system of protection of whistle-blowers is declarative (68%), and there are no positive examples of whistle-blower activity in Ukraine (29,3%). There are differences in the attitude of different categories of citizens to the whistle-blowers of corruption. The most support (63,3%) whistle-blowers received from representatives of the Security Service of Ukraine, border guards (59,4%), police officers (50%), ordinary citizens (50,6%). Civil servants less approve the institute of corruption whistle-blowers and support (45,9%). The lowest rate (40%) was shown by the representatives of the law enforcement agencies. Average citizens and civil servants (14,7%) showed the highest percentage of distrust in the work of whistle-blowers (15,7%).


2018 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ferry Fadzlul Rahman

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health


2016 ◽  
Vol 2 (2) ◽  
pp. 80
Author(s):  
Ferry Fadzul Rahman

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form.


Author(s):  
Björn Hessert

AbstractSports organisations generally have the burden of proving sports rule violations of sportspersons subject to their rules and regulations. Sports rule violations can generally be proven by any reliable means. A common approach taken by sports organisations in this respect is the implementation of so-called cooperation and reporting obligations embedded in their regulations. On this basis, athletes can be obliged to provide all kind of documentary evidence related or unrelated to the matter under investigation. This may cause problems to the privilege against self-incrimination of athletes. In addition, obtaining self-incriminating information in internal sports investigations carried out by private sports organisations can have legal and personal consequences that go well beyond the professional life of athletes. The integrity of sport has been characterised as a public interest due to the social impact of amateur and professional sports in most societies. As a consequence, negative sports-related conduct, such as doping or the manipulation of sports competitions, has been criminalised in various national laws to protect sporting values and preserve the role model function of athletes for young members of our society. This development has led to cooperation between sports organisations and law enforcement agencies, such as prosecutors and the police. Specifically, both collaborate in order to assist the other party’s investigations of sports rule violations and criminal offences, respectively. However, the exchange of intelligence between sports organisations and law enforcement may cause some legal tension. If the same misconduct of athletes leads to both internal sports investigations and criminal proceedings, athletes could be forced to provide self-incriminating information in internal sports organisations, which could then be subsequently transmitted to law enforcement. This system of intelligence gathering raises serious concerns regarding the procedural fairness thereof, keeping in mind the detrimental effects for sportspersons under investigations. A closer look is thus necessary to the legitimacy of the exchange of intelligence. Therefore, the aim of this article is to shed some light on this issue and clarify if and under what conditions internally obtained evidence can be passed on to law enforcement agencies.


2021 ◽  
Vol 78 (2) ◽  
Author(s):  
Lawrence Judge ◽  
Tonya Skalon ◽  
Makenzie Schoeff ◽  
Shannon Powers ◽  
James Johnson ◽  
...  

While most law enforcement agencies recognize the importance of physical fitness for their officers and encourage them to maintain an adequate level of fitness, many find it difficult to implement a fitness program successfully. Prior studies and literature support the implementation of community-centered fitness initiatives. The purpose of this study was to (1) describe participant outcomes from the service- learning project Officer Charlie Get Fit Project and (2) delineate Kolb’s experiential learning model implemented by undergraduate kinesiology majors when applied in an exercise setting. Students were charged with working directly with police officers over an 8-week program with the goal of lowering health-risk factors for the participants. Additionally, the project provided an opportunity for students to assess their own learning style and infuse it in a real-world professional application. Participants included 16 police officers (M = 44.6, SD = 10.7 years of age) and one elected city administrative official. Paired sample t tests revealed nonsignificant differences between the pretest and posttest scores on the 10 fitness measures. Descriptive statistics revealed improvements in categories of body weight, BMI, waist circumference, hip circumference, resting heart rate, systolic blood pressure, diastolic blood pressure, sum of skinfolds, and overall body fat percentage. Participant exit interviews indicated positive qualitative results. The student reflection piece indicated that the frequent writing helped with (1) the myriad of planning and preparation issues, (2) selecting a community partner and recruiting participants, and (3) data collection and analysis. This study was an important assessment of immersive learning opportunities provided through classroom lecture and development of community partnerships.


Author(s):  
Clinton Bailey

Dwelling in dispersion and far from any governmental law enforcement agencies that could provide them security, nomadic desert dwellers needed ways to protect themselves from violations such as murder, assault, insult, and theft. They achieved this security mainly by forming groups based on blood kin, or people of common descent, people whom they believed would honor claims of common loyalty and cooperation when problems with others arose. Each group they organized had a specific security function. The tribal structure of the Israelites as randomly noted in the Bible bears several similarities to that of the Bedouin. This chapter explores these similarities as well as their impact on the status and roles of the genders and on the institution of matrimony in both societies.


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