scholarly journals Researching the Process of Using Special Knowledge in Criminal Activities as a Condition for the Objectivity of the Cognition and Qualification of Criminal Realitys Manifestations

Author(s):  
Sergey Zhuravlev

The author researches the process of using special knowledge in criminal activities while taking into account the contents of the object of criminalistics, and the essence of the criminalistic culture of law enforcement. Examples are presented to illustrate the features of using specialized knowledge in the criminal sphere. The author analyzes the conditions for defining the role of a concrete person, acting as a specialist, in preparing and committing a crime. The specific features of the theoretical platform of criminal law sciences are singled out. Priorities in the classification and qualification spheres of criminal law knowledge are established. The author draws attention to the identification, prediction and diagnostic essence of criminal knowledge and describes the connection between the nature of a lawyer’s cognitive activities and the qualification boundaries of criminal law actions. It is noted that the process of cognizing the criminal reality is dialectic. The author shows the primacy of the substantive understanding of the act of crime while taking into account the criminal law and procedure benchmarks for working out methodological and tactical decisions in the process of crime investigation.

2020 ◽  
pp. 53-61
Author(s):  
A. G. Menshikova ◽  
E. I. Dumanskaya

The article provides a historical analysis of the legislative consolidation of the sign of «special cruelty» and related categories. The legal role of this feature at different stages of the formation of criminal law is determined. The authors consider scientific ideas regarding the interpretation of the concepts of «special cruelty», «torture», «torture» and other forms of cruel behavior in the doctrine of criminal law and law enforcement practice of the pre-revolutionary and Soviet periods. In conclusion, the continuity of the norms of the current criminal law in the application and determination of the sign of «special cruelty» is revealed, similar features and significant differences are determined.


2015 ◽  
Vol 23 ◽  
Author(s):  
Mohammad Abu Taher ◽  
Siti Zaharah Jamaluddin

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.


2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Dodik Hartono ◽  
Maryanto Maryanto

ABSTRAK�Penelitian dengan judul Peranan Dan Fungsi Praperadilan Dalam Menegakkan Hukum Pidana di Polda Jateng. Berdasarkan uraian dalam Tesis ini, permasalahan yang akan yang akan di teliti adalah: 1) Bagaimanakah fungsi dan peran praperadilan dalam penegakan hukum di Indonesia berdasarkan peraturan perundang-undangan yang berlaku? 2) Apa hambatan dalam pelaksanaan fungsi dan peran pra peradilan dalam penegakan hukum di Polda Jateng? 3) Bagaimanakah solusi dari hambatan dalam pelaksanaan fungsi dan peran pra peradilan dalam penegakan hukum di Polda Jateng?Hasil penelitian menyimpulkan bahwa : 1) Maksud dan tujuan utama yang hendak ditegakkan dan dilindungi, dalam proses praperadilan yaitu tegaknya hukum dan perlindungan hak asasi tersangka dalam tingkat pemeriksaan penyidikan dan penuntutan. Pasal 1 butir 10 KUHAP dipertegas dalam Pasal 77 KUHAP yang menyebutkan Pengadilan Negeri berwenang untuk memeriksa dan memutus, sesuai dengan ketentuan yang diatur dalam undang-undang. Wewenang pengadilan untuk mengadili dalam praperadilan dijelaskan dalam Pasal 95 KUHAP. 2) Hambatan dalam pelaksanaan fungsi dan peran praperadilan dalam penegakan hukum di Polda Jateng meliputi : a. hakim lebih banyak memperhatikan perihal dipenuhi atau tidaknya syarat-syarat formil penangkapan dan penahanan, atau ada tidaknya perintah penahanan dan sama sekali tidak menguji dan menilai syarat materilnya. b. setiap pelaksanaan upaya paksa selalu ada perenggutan HAM. c. pemeriksaan untuk melakukan penahanan, masih ada penyalahgunaan dalam tahap penyidikan oleh Polisi dan penuntutan oleh jaksa. d. selain luasnya kewenangan penyidikan dalam menentukan bukti permulaan yang cukup, pengawasan terhadap kewenangan tersebut juga lemah. 3) Solusi dari hambatan dalam pelaksanaan fungsi dan peran praperadilan dalam penegakan hukum di Polda Jateng meliputi : ����������� a. Diperlukan upaya kontrol terhadap setiap aparat penegak hukum pada lembaganya masing-masing secara vertikal. b. KUHAP perlu direvisi khususnya mengenai mekanisme saling mengawasi antara penegak hukum dan lembaga dalam subsistem peradilan. c. diperlukan peran aktif hakim dalam menggunakan kewenangannya pada saat pemeriksaan pokok perkara untuk mempertimbangkan penyidikan atau penuntutan yang tidak sesuai dengan ketentuan hukum acara atau yang melawan hukum guna menghindari penyalahgunaan HAM. d. dalam tahap ajudikasi, hakim seharusnya berkonsentrasi untuk menentukan hasil pembuktian di persidangan dan dalam tahap ini, hakim dapat menilai apa yang terjadi dalam tahap praajudikasi.Kata Kunci : Peranan dan Fungsi, Praperadilan, Penegakan Hukum Pidana�ABSTRACT�Research with the title Role And Practice Function In Enforcing Criminal Law in Central Java Regional Police. Based on the description in this Thesis, the issues that will be examined are: 1) How is the function and role of pretrial in law enforcement in Indonesia based on the prevailing laws and regulations? 2) What are the obstacles in the implementation of pre-justice functions and roles in law enforcement in the Central Java Regional Police? 3) How is the solution of the obstacles in the implementation of functions and the role of pre-judiciary in law enforcement in Central Java Regional Police?The results of the study conclude that: 1) The main purpose and objectives to be upheld and protected, in the pre-trial process, namely the enforcement of the law and the protection of human rights of suspects in the level of investigation and prosecution investigation. Article 1 point 10 of the Criminal Procedure Code is affirmed in Article 77 of KUHAP stating that the District Court has the authority to examine and decide upon, in accordance with the provisions stipulated in law. The jurisdiction of the courts to adjudicate in pre-trial is described in Article 95 of the Criminal Procedure Code. 2) Obstacles in the implementation of functions and the role of pretrial in law enforcement in Central Java Police include: a. judges pay more attention to whether or not the formal conditions for arrest and detention, or whether there is a detention order and not test and judge material requirements at all. b. every execution of forced efforts is always a rush of human rights. c. checks for detention, there is still abuse in the investigation stage by the Police and prosecution by the prosecutor. d. besides the extent of investigative authority in determining sufficient preliminary evidence, the oversight of the authority is also weak. 3) Solutions from obstacles in the implementation of functions and pretrial roles in law enforcement in Central Java Police include: a. Control of each law enforcement apparatus is required on each institution vertically. b. The Criminal Procedure Code needs to be revised, especially regarding the mechanism of mutual supervision between law enforcement and institutions within the judicial system. c. an active role of the judge in the use of authority at the time of examination of the principal matter to consider investigations or prosecutions that are not in accordance with the provisions of procedural law or against the law in order to avoid abuse of human rights. d. in the stage of adjudication, the judge should concentrate on determining the results of the evidence in the hearing and in this stage the judge can judge what happened in the pre-certification stage.Keywords: Roles and Functions, Pretrial, Criminal Law Enforcement


2018 ◽  
Vol 1 (2) ◽  
pp. 323
Author(s):  
Yuniar Pradhana Mukti ◽  
Gunarto Gunarto

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


2018 ◽  
Vol 18 ◽  
pp. 240-248
Author(s):  
H. O. Spitsyna ◽  
H. S. Bidniak

The article deals with problematic issues regarding the forms of special knowledge use while crime investigation, legislative acts are analyzed. Based on the opinion analysis of criminalistic scientists, forms of special knowledge use divided according to different criteria into procedural and non-procedural, direct and indirect, basic and optional are detailed. The most commonly used forms are indicated, among them: appointment of forensic examinations, involvement of specialist for performing investigative actions, consulting and reference, auditing and monitoring of records, the presence of an investigator during an examination, expert questioning. Legislation changes concerning of examination by a Forensic science institution (expert) only according to the investigating judge decision or court made on the petition of one of the parties to criminal proceedings are analyzed. Positive reform aspects, as well as the argument about the loss of procedural independence of the investigator while decision making under such circumstances were highlighted; it was suggested to review the above changes. Taking into account legislation changes, the role of the specialist during the search relatively of mandatory fixation of this act by means of audio and video recording is indicated. Proposals are offered on the use of several cameras, the use of quadcopters, 3D scanners to capture of the important points for proving of the search. Problem issues existing in the units of criminalistic support during investigative actions are outlined and the mechanism of their solution is proposed. Attention is focused on the use of automated records and prospects for their development.


2021 ◽  
pp. 215-238
Author(s):  
Paulo Machado ◽  
Lúcia G. Pais ◽  
Sérgio Felgueiras ◽  
Carina Quaresma

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.


2020 ◽  
Vol 2 (1) ◽  
pp. 17-24
Author(s):  
I Kadek Darma Santosa

The role of corporations today dominates daily life, especially with the increasing needs of the community. It's no longer a country that provides needs, but corporations. Corporations can increase state wealth and labor, but the revolutionary economic and political structure has caused great corporate power, so that the state can be influenced in accordance with its interests. Based on this background, a problem arises namely how the policy of formulation of criminal law enforcement so far for corporations that commit criminal acts as well as how the policy of formulation of criminal law in dealing with corporate criminal acts in the future. The research method used in this study is normative juridical using secondary data. Data collection is done by collecting and analyzing relevant library materials. Furthermore, the data are analyzed in a qualitative normative manner by interpreting and constructing statements contained in documents and legislation. The conclusion of this research is the regulation of sanctions regarding inconsistent corporate criminal acts. Inconsistencies in determining or imposing maximum fines imposed on corporations, there is no uniformity in determining when a corporation can be said to have committed a crime, regarding who can be held accountable or prosecuted and convicted, and the formulation of types of criminal that can be imposed on the corporation that commits criminal act.


Author(s):  
A. I. Usov ◽  
S. A. Kuz’min

The paper outlines the role of such innovations as standardization and quality assurance in forensic operations conducted on the territory of the Commonwealth of Independent States (CIS). Rationales are provided for pathways towards standardization of forensic practice as a means of improving the efficiency of forensic contribution to the due process of law by resolving issues that require special knowledge. The authors examine different approaches to the understanding of quality in forensic practice and offer a definition that reflects the hierarchically structured system of law enforcement and courts' forensic needs.


2018 ◽  
Vol 1 (3) ◽  
pp. 597
Author(s):  
Heni Agustiningsih ◽  
Sri Endah Wahyuningsih

Concomitant with the increasing number of criminal cases concerning criminal law talks even more into the spotlight. One criminal case whose numbers have increased is the narcotic crime. The doers are not limited to age, gender or social strata. Increasing this narcotic crime was accompanied by the use of increasingly sophisticated modus operandi so, make the legislators felt the need to establish a new law governing narcotics. Judge in deciding should consider the value of certainty, justice and the role of the judge is kemafaatan for law enforcement and justice. Article 1 (1) of Act No. 48 Of 2009 regarding Judicial Power.Keywords: Effectiveness; Criminal Law;� Narcotics.


Sign in / Sign up

Export Citation Format

Share Document