scholarly journals Models of the Pre-Procedural Level of Investigation of Economic Crimes: Spanish Experience

2020 ◽  
Vol 14 (1) ◽  
pp. 148-155
Author(s):  
Victor Shestak ◽  
Vladimir Dubrovin ◽  
Zoya Ilyicheva
Keyword(s):  
Law Enforcement ◽  
Interpersonal Relations ◽  
Economic Crime ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Legal Security ◽  
Principle Of Legality ◽  
Economic Crimes

Pre-procedural or non-procedural activities for the investigation of economic crimes are the activities to investigate crimes committed in the sphere of economy that are carried out before the initiation of criminal proceedings. In Spain, it is entrusted to the following state bodies: the judicial police, the prosecutor's office, and administrative bodies. The choice of the pre-procedural model of investigating an economic crime in modern Spain is subject to a variety of factors, including the specifics of interpersonal relations that have developed between law enforcement officials. The distinctive features inherent in the Spanish pre-procedural activity in the investigation of economic crimes are its spontaneity and the lack of uniformity in the procedure for its conduct. In particular, there is no legal certainty as to who decides on the commencement of pre-procedural activities to investigate an economic crime, as well as orderliness in who is assigned the main responsibility in the direction of its progress. The non-procedural investigation of economic crimes in Spain is carried out in accordance with the models that were gradually introduced into practice through the generalization of the customs of professional activities of law enforcement agencies that are understandable only to the staff of the bodies considered in the article. In modern times in Spain, four non-procedural models of the investigation of economic crimes with different constituent composition have been formed. In this case, it is impossible not to note the role of the administrative bodies in the investigation of economic crimes. Some Spanish researchers refer it to a separate investigation model, since it has its own order and dynamics. At the same time, the models under consideration are increasingly moving away from the order of investigation established by law, which calls into question legal security and creates a threat to the principle of legality. Within the framework of the projects on the reform of criminal justice in Spain, it is proposed to assign the responsibility for investigating criminal cases, particularly for economic crimes, to the prosecutor and the judge responsible for ensuring procedural guarantees. However, the feasibility of this project, even in the opinion of the Spanish researchers themselves, is questionable. In this regard, the authors in this article consider not only the positive aspects of each non-procedural model for the investigation of economic crimes in Spain, but also their shortcomings.

scholarly journals Features of proving economic crimes

1970 ◽  
pp. 324-328
Author(s):  
Tetiana Chasova
Keyword(s):  
Law Enforcement ◽  
Criminal Activity ◽  
Economic Crime ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Procedure Law ◽  
Criminal Intent ◽  
Evaluation Of Evidence ◽  
Economic Crimes ◽  
Investigation Process

Scientific interest in the problem of proving criminal proceedings for economic crimes is caused by the urgent need to close loopholes of legislation in this area. Investigating the peculiarities of the evidence will increase the efficiency of the officers conducting the pre-trial investigation, bring those responsible to justice and recover damages. The process of investigating economic crimes can be complicated by the following problems: a crime may be committed not by one person but by several persons, since the nature of economic crimes by its nature must have a well-thought-out plan of action; mandatory presence of intellectual element of the act; There may be several episodes of criminal activity. Persons committing economic crimes have the power of authority while in office and in the performance of their functional responsibilities. At present, there is an urgent need to improve the system of investigation of economic crimes. Investigation of economic crimes is a priority of law enforcement agencies. In order to increase the effectiveness of pre-trial investigation and to prevent errors in proving such a category of cases, it is necessary to pay attention to the specifics of the investigation process. Evidence of economic crime consists in the collection, recording, verification and evaluation of evidence at the pre-trial stage of criminal proceedings. The process of proving economic crimes has its own peculiarities: the procedure for gathering evidence; specific type of documents of financial and economic activity; establishment of a criminal intent of a person; tracking cash flow. Economic crime investigation is a complex step-by-step procedural mechanism for bringing persons to justice, fulfilling the main tasks of criminal procedure law. During the investigation of economic crimes, the following procedural steps are taken to gather evidence: investigative (investigative) actions and unspoken investigative (investigative) actions, temporary access to things and documents, expertise and other actions aimed at establishing the truth in criminal proceedings.

THE ROLE OF LAW ENFORCEMENT AGENCIES IN ENSURING THE PRINCIPLE OF LEGALITY DURING THE GREAT PATRIOTIC WAR

2020 ◽  
Author(s):  
Ruslan Ahmedov ◽  
Yuliya Ivanova
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
75Th Anniversary ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Soviet People ◽  
Great Patriotic War ◽  
Principle Of Legality

In 2020, the 75th anniversary of the Victory of the soviet people is celebrated over fascism. An important role in achieving this result in the conditions law enforcement officers also provided wartime assistance. The main purpose of their professional activities was to ensure the implementation of principles of legality.

scholarly journals Proving Corruption in the Investigative and Judicial Practice of Ukraine: Problems and Solutions

2021 ◽  
Vol 80 (1) ◽  
pp. 101-108
Author(s):  
Р. Л. Степанюк ◽  
В. В. Кікінчук ◽  
М. Г. Щербаковський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Scientific Literature ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Judicial Practice ◽  
European Court ◽  
Problems And Solutions ◽  
Factual Data

The work is based on the analysis of the scientific literature, criminal and criminal procedural legislation of Ukraine, which regulates public relations associated with the identification, detection, investigation and judicial review of cases of illegal benefit by officials, on the precedents of the European Court of Human Rights on this issue, as well as the study and summarizing the materials of 200 criminal cases on illegal benefits considered by the courts of Ukraine in 2015-2019. It has been established that proof of corruption offences in criminal proceedings is the activity of the subjects of criminal proceedings, which consists of collecting, assessing and verifying factual data in order to establish circumstances relevant to the investigation. At the same time, procedural and tactical mistakes, as well as abuses on the part of prosecution agents, which lead to deficiencies in the process of proving the guilt of officials who commit corruption offences, are very common in the practice of the Ukrainian law enforcement agencies in this area.

scholarly journals Evidence and Decision – Making at the Initiation Stage Criminal Cases of Economic Crimes

2020 ◽  
Vol 16 (1) ◽  
pp. 69-76
Author(s):  
Alexander F. Lubin ◽  
Sergey A. Lubin
Keyword(s):  
Economic Crime ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Initial Stage ◽  
The Subject ◽  
Initiation Stage ◽  
Procedural Decisions ◽  
Economic Crimes ◽  
Selection Of

This article is devoted to the initial stage of criminal proceedings – the initiation of criminal proceedings on the grounds of an economic crime. This stage does not boil down to the formal act of issuing the relevant resolution, but includes the subject and procedures for proving the so-called pre-investigation check. Moreover, according to the current legislation, the appointment and production of forensic examinations, the selection of samples for a comparative study, etc. are legal during this period. Such verification may result in a system of evidence to make an informed criminal procedural decision to initiate a criminal case or evidence for a preventive response to signs of an economic crime. The authors focus on some debatable issues of the criminal procedural status of the leading subject of the criminal case – the investigator (interrogator). This raises the acute problem of the gap between the functions of proving and making criminal procedural decisions.

The Concept of Research on Economic Crime in the Context of the Research Task “Optimization of Evidence, Forensic and Operational Activities in Cases of Economic Crime From the Perspective of Law Enforcement Authorities”.

2020 ◽  
Vol 12 (1) ◽  
pp. 45-53
Author(s):  
Monika Porwisz
Keyword(s):  
Law Enforcement ◽  
Economic Crime ◽  
Law Enforcement Agencies ◽  
Research Issues ◽  
Wide Range ◽  
Research Task ◽  
Research Concept ◽  
Research Problems ◽  
Operational Activities ◽  
Economic Crimes

The aim of the publication is to outline the concept of research in the area of economic crime, which has been outlined on the basis of the undertaken research issues related to the implementation of the research task, entitled: “Optimization of evidence, forensic and operational activities in cases of economic crime from the perspective of law enforcement authorities”, which will allow to create an effective model for combating it. In the article, current research problems have been identified. The research project will include actions aimed at defining, designing and then determining the possibility of implementing practical tools to increase the effectiveness of law enforcement. An important research element, which is a basis for formulating specific conclusions and recommendations, will be to conduct a survey of opinions and expectations of practitioners concerning the possibilities of improving the detection process. The assumed research concept also involves diagnosing economic crimes (in terms of evidence, forensic and operational aspects). There are cases of evidence-intensive, multi-aspect cases in which the methods of action of the perpetrators constitute a challenge for law enforcement agencies in the legal or tactical aspect. Corresponding to the diagnosed research problems, several research levels have been proposed, such as causes, scale of economic crime, dynamics of crime, methods and mechanisms of committing crimes, and ways of counteracting them. As a result of in-depth research on the phenomenon of economic crime, proposals for specific solutions will be worked out, which may constitute a specific compendium of knowledge on the issues raised. The research concept covers a wide range of issues that correspond to the current challenges in combating this type of crime. A detailed description of the problems, and the research concept adopted allows us to conclude that the results of the research may be theoretically valuable and useful for science and practice. This publication constitutes a preliminarily research concept adopted within the framework of the research task INP-2/2018/P/MP funded by the Ministry of Science and Higher Education.

scholarly journals The exchange of self-incriminating information of athletes between sports organisations and law enforcement

2021 ◽  
Author(s):  
Björn Hessert
Keyword(s):  
Law Enforcement ◽  
Role Model ◽  
Social Impact ◽  
Professional Sports ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
As Doping ◽  
The Social ◽  
Personal Consequences

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.

scholarly journals Some legal issues of counteraction to the functioning of conversion centers

Legal Ukraine ◽  
2019 ◽  
pp. 31-35
Author(s):  
Alice Osadko
Keyword(s):  
Law Enforcement ◽  
Economic Crime ◽  
Real Economy ◽  
Criminal Organizations ◽  
Legislative Changes ◽  
Set Up ◽  
Financial Transactions ◽  
National Police ◽  
Economic Crimes ◽  
Cover Up

This article describes conversion centers, examines the specific issues of counteracting their operations as one of the most effective mechanisms for shading money out of the real economy, and identifies some of the weaknesses that exist in eliminating these centers, and suggests ways to address them. Due to the political and legislative changes that are taking place in our country, the authorities' desire to stabilize the country's anti-corruption economy, and unlawful mechanisms in this field are undergoing significant changes. Yes, criminal organizations have recently been set up in Ukraine, existing as large conversion centers designed to cover up economic crimes by illegally converting cash into cash or vice versa. The Conversion Center article is a carefully structured and well-structured stable crime group that exists with a commercial bank or in close collaboration. The purpose of the article is to investigate the activities of conversion centers and to counteract their functioning in the context of the fight against corruption and economic crime. An analysis of current law and practice shows that the functions of counteracting crime in the financial sector, namely the operation of conversion centers, are unjustifiably divided into departments and often duplicated. In particular, such powers are vested in the units of the National Police), the Security Service of Ukraine, the Tax Police (DFS). According to the National Institute for Strategic Studies under the President of Ukraine, in Europe there are two options for the full integration of law enforcement in the fight against economic crime: within the Ministry of the Interior and the Ministry of Finance. All this requires the formation of the concept of strategic construction and determining the location of the tax police or financial investigation service (DFS or FIU) in the fight against economic (tax) crime. This concept should define the basic directions and principles of improvement of managerial, organizational and personnel work, legal, personnel, resource and other law enforcement activity in the specified field on the basis of analysis and assessment of tax security of the person, society and the state. Key words: fictitious enterprise, conversion centers, financial transactions, legalization of income, liability, decriminalization, fraud.

scholarly journals Features of production of separate investigative actions with participation of categories of persons concerning which the special procedure of production on criminal cases is applied

2020 ◽  
pp. 211-216
Author(s):  
Roman Pozdyshev
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Special Procedure

The article analyzes the problems associated with the production of investigative actions against special subjects of criminal proceedings. Legal norms, as well as law enforcement acts regulating the studied social relations are considered.

scholarly journals Conceptual problems of investigation and prevention of enforced disappearance of persons in the conditions of armed aggression

2021 ◽  
Vol 39 (69) ◽  
pp. 60-73
Author(s):  
Dmytro Mirkovets ◽  
Volodymyr Atamanchuk ◽  
Sergii Marko ◽  
Irina Dubivka ◽  
Antonina Matsola
Keyword(s):  
Law Enforcement ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
General Scientific ◽  
Points Of View ◽  
Conceptual Problems ◽  
Systemic Problems ◽  
The Right ◽  
Southern Ukraine

The article highlights the results of a study of the situation with official investigations into criminal offenses related to the enforced disappearance of persons in the context of armed aggression in eastern and southern Ukraine. The example of individual criminal proceedings presents some systemic problems that arise during the investigation of the facts of disappearance and suggests possible ways to solve them. There are several «blocks» of problems that lie in the field of criminal law, criminology, and criminal procedure. The points of view of scientists and practitioners on this problem are highlighted. It is concluded that Ukraine, in today’s conditions, needs to take measures aimed at improving the legal mechanisms of observance and protection of the right of persons staying in its territory to freedom from enforced disappearance, as well as intensifying law enforcement agencies to prompt, complete and impartial investigation of such facts, their proper qualification, search for victims, identification of those responsible for their disappearance, ensuring that victims receive timely and adequate compensation. The methodological basis for writing the article was a dialectical-materialist method, as well as the set of general scientific and special methods and techniques of scientific knowledge.

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.

Sign in / Sign up

Export Citation Format

Share Document