scholarly journals The Interaction of the Investigator with the Body of Inquiry During the Investigation of Crimes in Criminal Cases of Extremism: The Problems and Ways of Their Solving

Legal Concept ◽  
2021 ◽  
pp. 65-73
Author(s):  
Vladimir Shinkaruk ◽  
Svyatoslav Biryukov ◽  
Alexander Rezvan
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Criminal Procedure ◽  
Point Of View ◽  
The Body ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Existing Problems ◽  
Law Enforcement Officials ◽  
The Law

Introduction: the issues of interaction of the investigator, as the central figure in the process of investigating crimes of extremism, continue to be the object of attention of scientists and practitioners. And this is not surprising, because the state of interaction of the investigator with the body of inquiry, the representatives of other services and departments, first of all, the law enforcement agencies directly depends on the speed of solving and the completeness of the investigation of each committed extremist crime, and this, in turn, affects the prestige of law enforcement agencies among the population and, as a result, the level of criminogenic situation. Despite the large number of recommendations available in the legal and specialized literature aimed at improving certain aspects of this type of activity of the person conducting the investigation, the dynamically developing criminal procedure legislation, as well as actively changing the operational-search and investigative practice, provide new food for analyzing the current state of interaction, in order to identify those newly emerging factors that negatively affect the organization and state of interaction of the main subjects of the investigation and which, ultimately, have a negative impact on the course and results of the investigation. In this regard, the authors aim to highlight some problematic issues that arise in the course of organizing and maintaining the proper level of interaction between the investigative body and other subjects of the investigation to ensure the prompt and comprehensive establishment of all the circumstances to be proved. Tasks: to describe the areas of interaction between the investigator and the body of inquiry during the investigation of crimes in cases of extremism; to give recommendations aimed at overcoming these problems. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are the methods of information processing and logical analysis, synthesis, induction, deduction and generalization. Results: the authors’ point of view on the problems associated with the organization of interaction between the investigator and employees of other services and departments of the law enforcement agencies in order to uncover and investigate crimes of extremism, as well as the proposed ways to solve them, based on the analysis of modern operational and investigative practice, trends in the development of the current criminal procedure legislation make it possible to use them in the practical activities of the authorized law enforcement officials in their practical activities aimed at solving and investigating crimes. Conclusions: as a result of the study, the existing problems determined by the changes in the criminal procedure legislation and operational and investigative practice are identified, and the ways to overcome them are proposed in order to inform students in the field of training “Jurisprudence”, teachers of law schools, as well as practitioners in order to better understand the specifics of the investigation of crimes of this category.

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.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

scholarly journals SUATU KAJIAN YURIDIS TERHADAP PENGGUNAAN ALAT BUKTI ELEKTRONIK DALAM KEJAHATAN CYBER DALAM SISTEM PENEGAKAN HUKUM

2021 ◽  
Vol 3 (2) ◽  
pp. 11-25
Author(s):  
Ni Made Trisna Dewi,Reido Lardiza Fahrial
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Case ◽  
Law Enforcement Agencies ◽  
Electronic Evidence ◽  
Procedure Code ◽  
The Law ◽  
Witness Statements ◽  
And Function

Abuse in the electronic transaction because it is formed from an electronic process, so the object changes, the goods become electronic data and the evidence is electronic.  Referring to the provisions of positive law in Indonesia, there are several laws and regulations that have set about electronic evidence as legal evidence before the court but there is still debate between the usefulness and function of the electronic evidence itself, from that background in  The following problems can be formulated, How do law enforcement from investigations, prosecutions to criminal case decisions in cybercrimes and How is the use of electronic evidence in criminal case investigations in cybercrimes This research uses normative research methods that are moving from the existence of norm conflicts between the Criminal Procedure Code and  ITE Law Number 19 Year 2016 in the use of evidence.  The law enforcement process of the investigator, the prosecution until the court's decision cannot run in accordance with the provisions of ITE Law Number 19 of 2016, because in interpreting the use of electronic evidence still refers to Article 184 paragraph (1) KUHAP of the Criminal Procedure Code stated that the evidence used  Legitimate are: witness statements, expert statements, letters, instructions and statements of the accused so that the application of the ITE Law cannot be applied effectively The conclusion of this research is that law enforcement using electronic evidence in cyber crime cannot stand alone because the application of the Act  - ITE Law Number 19 Year 2016 still refers to the Criminal Code so that the evidence that is clear before the trial still refers to article 184 paragraph (1) KUHAP of the Criminal Procedure Code and the strength of proof of electronic evidence depends on the law enforcement agencies interpreting it because all electronic evidence is classified into  in evidence in the form of objects as  so there is a need for confidence from the legal apparatus in order to determine the position and truth of the electronic evidence.   Penyalahgunaan didalam transaksi elektronik tersebut karena terbentuk dari suatu proses elektronik, sehingga objeknya pun berubah, barang menjadi data elektronik dan alat buktinya pun bersifat elektronik. Mengacu pada ketentuan hukum positif di Indonesia, ada beberapa peraturan perundang-undangan yang telah mengatur mengenai alat bukti elektronik sebagai alat bukti yang sah di muka pengadilan tetapi tetap masih ada perdebatan antara kegunaan dan fungsi dari alat bukti elektronik itu sendiri, dari latar belakang tersebut di atas dapat dirumuskan masalah sebagai berikut, Bagaimana penegakkan hukum dari penyidikan, penuntutan sampai putusan perkara pidana dalam kejahatan cyber dan Bagaimanakah penggunaan bukti elektronik dalam pemeriksaan perkara pidana dalam kejahatan cyber Penelitian ini menggunakan metode penelitian normatif yakni beranjak dari adanya konflik norma antara KUHAP dengan Undang-undang ITE Nomor 19 Tahun 2016 dalam penggunaan alat bukti. Proses penegakkan hukum dari penyidik, penuntutan sampai pada putusan pengadilan tidak dapat berjalan sesuai dengan ketentuan Undang-undang ITE Nomor 19 Tahun 2016, karena dalam melakukan penafsiran terhadap penggunaan alat bukti Elektronik masih mengacu pada Pasal 184 ayat (1) KUHAP disebutkan bahwa alat bukti yang sah adalah: keterangan saksi, keterangan ahli, surat, petunjuk dan keterangan terdakwa. sehingga penerapan Undang-undang ITE tidak dapat diterapkan secara efektiv. Kesimpulan dari penelitian ini adalah penegakan hukum dengan menggunakan alat bukti elektronik dalam kejahatan cyber tidak bisa berdiri sendiri karena penerapan Undang-Undang ITE Nomor 19 Tahun 2016 tetap merujuk kepada KUHP sehingga alat bukti yang sah di muka persidangan tetap mengacu pada pasal 184 ayat (1) KUHAP dan Kekuatan pembuktian alat bukti elektronik tersebut tergantung dari aparat hukum dalam menafsirkannya karena semua alat bukti elektronik tersebut digolongkan ke dalam alat bukti berupa benda sebagai petunjuk sehingga diperlukan juga keyakinan dari aparat hukum agar bisa menentukan posisi dan kebenaran dari alat bukti elektronik tersebut.

scholarly journals Counteraction to Miscarriage of Justice in Ukraine

2019 ◽  
Vol 2 (3) ◽  
pp. 96-105
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Proceeding ◽  
Specific Regulation ◽  
Miscarriage Of Justice

Investigation of crimes against justice in Ukraine is among topical problems of miscarriage of justice. Hundreds of criminal cases are recorded as a crime in the Official Register in Ukraine but only a few have been brought to the court. In this article we try to approach this problem in three ways: from the point of view of criminal law, criminal procedure and criminalistic measures of counteraction to miscarriage of justice. Such an approach helps to demonstrate problems of investigator, prosecutor and judge at different stages of criminal proceeding. Special attention is paid to specific regulation of the issues of criminal proceedings against a certain category of persons, including judges. Mistakes of representatives of law enforcement bodies become visible as a result of analyzing of real criminal cases. Such an analysis is aimed to disclose the problem of counteraction to miscarriage of justice in Ukraine.

scholarly journals FORENSIC PROBLEMATIC ASPECTS OF COMBATING CRIMES IN CYBERSPACE

2020 ◽  
pp. 283-290
Author(s):  
M. Dumchykov ◽  
V. Pakhomov ◽  
O. Bondarenko
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
International Organizations ◽  
Modern Society ◽  
Legal Framework ◽  
Point Of View ◽  
Highly Qualified ◽  
Law Enforcement Agencies ◽  
Existing Problems ◽  
Legislative Regulation

The article deals with the main forensic issues in the fight against cybercrime, as a new threat to modern society. The statistics of cybercrime and the relevance of this problem in Ukraine and other countries of the world are given. The problems of applying the concept of computer crime and the need to amend the legal framework, as well as attracting the help of international organizations, companies and specialists in the field of information technology is examined. It analyzes the rapid increase in cybercrime in modern conditions. The interpretation of concepts related to crimes in cyberspace, both in national and international legislation, is considered. When considering the problem of combating cybercrime, the works of such scientists as L.P. Zverianskaia, M.A. Vinokurova, A.P. Kireenko, S.V. Chuprova. The main problems that arise in the study of such crimes are identified: – the lack of an agreed theoretical base, and as a result, legislative regulation suffers; – lack of specialists in the field of information technology in law enforcement agencies; Криміналістика і судова експертиза. Випуск 65 290 The issues of prevention and combating cybercrime, and the solution of these problems are investigated. The main measures to combat and minimize existing problems, namely: – technical and theoretical improvement: the need to justify a single concept of cyberspace in all national legislation, from the point of view of forensics, which will allow a new legislative regulation of this area; – new approaches based on a wider use of the achievements of scientific and technological progress that will help to successfully identify and investigate such crimes; – the need to provide law enforcement with highly qualified specialists in the field of information technology; – attracting international support in the form of international organizations, companies and specialists.

scholarly journals Pre-Trial in the Criminal Justice System in Military Criminal Judges in Indonesia

2021 ◽  
pp. 1-9
Author(s):  
Sugeng Sutrisno
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Justice System ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Court System ◽  
Criminal Cases ◽  
Procedure Code ◽  
The Law ◽  
The Military

Law enforcement in the Military Court System in the settlement of criminal cases committed by TNI soldiers is seen as not yet fully guaranteeing legal protection for the rights of suspects, this is due to the absence of a control agency that oversees the actions of law enforcement officers in carrying out their duties and authorities as is the case in the system. General Court. This condition should not drag on indefinitely, because it will affect the law enforcement process and harm the suspect to fight for his rights to obtain justice which results in human rights violations (TNI soldiers). The purpose of the establishment of the Pretrial Institution is as stated in the Elucidation of Article 80 of the Criminal Procedure Code which states that this article intends to uphold law, justice, and truth through horizontal supervision. Settlement of criminal cases in Indonesia in addition to the Code of Criminal Procedure Code (KUHAP) which applies to civil society, we also recognize the existence of the Military Criminal Procedure Code which is regulated in Law Number 31 of 1997 concerning Military Courts, namely the law that regulates the procedure for resolving criminal cases. a criminal case committed by a TNI soldier. The Law on Military Courts includes the provisions of the litigation process (Military Criminal Procedure Law) starting from the investigation stage, submission of cases, the examination process at trial to the implementation of decisions. 31 of 1997 does not regulate pretrial. In several cases in the Military Court where a suspect was detained without a warrant for detention or was late in obtaining a warrant for detention, therefore such actions may conflict with the principles applicable in the provisions of criminal law so that they do not respect the position of the suspect as a creature created by God, even the act can lead to human rights violators. Therefore, in the military justice system in Indonesia, pretrial institutions are needed as a form of horizontal external supervision.

scholarly journals The Coordination of Activities of the Law Enforcement Agencies in the Fight Against Crime

Legal Concept ◽  
2021 ◽  
pp. 26-32
Author(s):  
Ekaterina Azarova ◽  
Vyacheslav Vnukov
Keyword(s):  
Law Enforcement ◽  
Organizational Support ◽  
System Analysis ◽  
Criminal Activity ◽  
Point Of View ◽  
Theory And Practice ◽  
Russian Society ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
The Law

Introduction: in modern Russian society, the fight against crime requires the legislative regulation. Crime is a multifaceted phenomenon that is becoming more complex in parallel with the development of society. Its growth makes it necessary to research the fundamentals of the theory and practice of coordinating the activities of the law enforcement agencies in the fight against crime. The important factors from the point of view of the state of coordination activities are their proper organizational support, the development of the right strategies and tactics when performing the necessary actions, as well as their effective use by the law enforcement agencies to curb criminal activity. The authors of the paper set the goal of the study, which is to analyze the coordination activities of the law enforcement agencies in the fight against crime. Methods: the methodological framework for the research is the dialectical-materialistic method of cognition, which includes the elements of system analysis, and the specific scientific methods, such as the logical and legal one. Results: based on the legal analysis, the content of coordination activities as the effective coordinated actions in the fight against crime is revealed. Conclusions: it is revealed that there is a need to adopt a special law aimed at improving the status of prosecutors in the framework of these coordination activities.

A critique of search and seizure in terms of a search warrant in South African criminal procedure

2017 ◽  
Vol 30 (1) ◽  
pp. 153-175
Author(s):  
Vinesh Basdeo
Keyword(s):  
Law Enforcement ◽  
South African ◽  
Criminal Procedure ◽  
Search And Seizure ◽  
Initial Contact ◽  
Personal Privacy ◽  
African Experience ◽  
Law Enforcement Officials ◽  
The Law ◽  
Search Warrant

The requirements and safeguards for a valid search warrant in South African criminal procedure are critically analysed in this article. The existence of safeguards to regulate the way in which law enforcement officials may enter the private sphere of ordinary citizens is one of the features that distinguish a constitutional democracy from a police state. South African experience has been notoriously varied in this regard. Many generations of systemised and egregious violations of personal privacy established norms for citizens that seeped generally into the public administration and promoted amongst a great many officials habits and practices inconsistent with the standard of conduct now required by the Bill of Rights. Today, law enforcement officials must be highly skilled in the use of investigative tools and extremely knowledgeable about the intricacies of the law. One error in judgment during initial contact with a suspect can, and often does, impede the investigation and could affect the fairness of the trial. For example, an illegal search may so contaminate evidence obtained that it will not be admitted as evidence in court. In addition to losing evidence for prosecution purposes, failing to comply with constitutional mandates often leads to liability on the part of the law enforcement official.

TECHNIQUES OF CONDUCTING INTERROGATION DURING POLICE INVESTIGATION OF CRIMES

2018 ◽  
Vol 28 (6) ◽  
pp. 2101-2107
Author(s):  
Kire Babanoski ◽  
Ice Ilijevski
Keyword(s):  
Law Enforcement ◽  
Scientific Explanation ◽  
The Body ◽  
Great Level ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Police Interrogation ◽  
Psychological Pressure ◽  
The Subject ◽  
To Come

Modern interrogation is a study in human nature with great level of psychological manipulation which is used by police officer. The main characteristic of a police interrogation is that the suspect is under strong psychological pressure from the interrogator in order to speak the truth and to give the confession. The main purpose of a police Interrogation is to obtain a confession and to come to the objective truth, or other critical information about the crime, from an interviewed suspect, who is subject of interrogation. Interrogation (also called questioning or interpellation) is interviewing as commonly employed by officers of the police or other law enforcement agencies with the goal of extracting a confession or incriminating statements. Subjects of interrogation are often suspects involved in crimes. Information from victims and witnesses is usually obtained through interviews. Interrogation may involve a diverse array of techniques, ranging from developing a rapport with the subject to outright torture.The main object of this paper is police interrogation, which is theoretically and descriptively analyzed through its various methods and techniques that are part of the process of extracting the truth and getting a confession from the suspects. For that aim, particular attention is paid to criminal operational aspects of contemporary Reid technique, and also presented examples of its application in the police interrogation. The Reid technique is a method of questioning subjects and assessing their credibility. The technique consists of a non-accusatory interview combining both investigative and behavior-provoking questions. If the investigative information indicates that the subject committed the crime in question, the Reid Nine Steps of Interrogation are utilized to persuade the subject to tell the truth about what they did. The Reid technique is a trademarked interrogation technique widely used by law enforcement agencies in North America. The technique (which requires interrogators to watch the body language of suspects to detect deceit) has been criticized for being difficult to apply across cultures and eliciting false confessions from innocent people.The purpose of this paper is through scientific explanation to raise the importance and quality of police interrogation as one of the methods for getting to the truth, especially in criminal cases where there is a lack of other evidence.

scholarly journals CERTAIN PROCEDURAL ASPECTS OF THE BEGINNING OF CRIMINAL INVESTIGATION

2021 ◽  
Vol 1 (1) ◽  
pp. 52-60
Author(s):  
Dmуtrо Pylypenko ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Justice Reform ◽  
Time Limits ◽  
Procedural Law ◽  
Criminal Procedure Law ◽  
Legal Fact

The article analyzes the features of the beginning of criminal proceedings defined by the current criminal procedure law of Ukraine. The criminal procedural norms which define an initial stage in criminal proceedings are investigated. The provisions of the norms of the legislation which determine the legal fact of the beginning of proceedings in the case are analyzed. The positions of scientists in this regard are considered. In particular, the scientific concepts concerning the implementation in the norms of the current law of the provision that existed in the content of the Criminal Procedure Code of 1960, namely the decision to initiate a criminal case. The analysis of the practice of application of the current norms of the criminal procedural law in this regard for the author's point of view on the expediency of such a step is analyzed. The author's position on the preservation of the existing law within the existing provisions, on the commencement of criminal proceedings from the moment of entering information into the unified register of pre-trial investigations. This position is fully correlated with the provisions of the concept of criminal justice reform. There are also examples from the practical activities of law enforcement agencies, which were the basis for this conclusion. The article also examines the issue of determining the time limits for the start of pre-trial investigation in criminal proceedings and entering information into a single register of pre-trial investigations. The positions of scientists on this issue, which are quite different and sometimes polar, are analyzed. The author's attention is focused on certain difficulties that arise in law enforcement agencies during the proper initiation of criminal proceedings. It is emphasized that the term available in the current law for twenty-four hours is extremely insignificant for the correct determination of the qualification of the offense and its composition. It is proposed to increase the period to three days during which the investigator must enter information into the unified register of pre-trial investigations and initiate criminal proceedings. It is these time limits that must be sufficient for the investigator or prosecutor to properly comply with the requirements of the applicable criminal procedure law.

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