Crime Concealment as an Element of the Method of Committing Slave Trade and Slave Labor Use

2021 ◽  
pp. 231-237
Author(s):  
Alexander N. Kalyuzhnyi ◽  
◽  
Nikolai G. Shurukhnov ◽  
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Slave Trade ◽  
Homeless People ◽  
Criminal Cases ◽  
Slave Labor ◽  
Beauty Contests ◽  
Psychological Pressure ◽  
Illegal Activities ◽  
Travel Abroad

The authors examine the patterns of concealment of illegal activities in human trafficking and slave labor use, as well as patterns of the activities of law enforcement agencies in the disclosure and investigation of the analyzed crimes. The aim of the article is to substantiate the data on the concealment of the investigated crimes for their subsequent use in the disclosure and investigation of the analyzed illegal activity. In the research, the authors used legal, sociological and other methods of scientific knowledge: logical, comparative legal, statistical, modeling, and a number of others. The authors relied on the materials of 130 criminal cases on encroachments on human trafficking and slave labor use, the results of interviewing 320 law enforcement officers, scientific developments of other researchers on the issue under consideration, as well as statistical data from the Main International and Analytical Center of the Ministry of Internal Affairs of Russia and the Judicial Department at the Supreme Court of the Russian Federation. The study of the materials of criminal cases shows that the basis for the disclosure and investigation of perpetrators' criminal activities should be based on the regularities of the method of concealing the crimes under consideration reflected in the following typical forms: (1) concealment of the fact and traces of preparation for committing a crime: a) placing veiled ads with offers of employment, training, marriage services in the media, social networks, leaflets, etc.; b) holding fake “beauty contests”, “draw games”, and similar events, participants of which are offered work or study abroad; c) disseminating deliberately false information in order to attract future victims of slave trade and illegal exploitation in certain social groups: prostitutes, drug addicts, unemployed, homeless people, etc.; d) conspiring in finding accomplices, means of communication, places of detention of victims, means of physical and psychological pressure on the victim; (2) conspiracy of the direct commission of a crime: a) disguising it as legitimate; b) falsifying documents that allow victims to travel abroad; c) concealing places of detention of victims and organizing victim safe-keeping; d) seizing identity documents from victims; e) using SIM cards registered to unauthorized persons, f) veiled advertising of activities to search for consumers of sexual and other services; (3) disguise or destruction of traces of the committed crime: destruction of clothing and belongings of the victim, erasing the traces left. Thus, in the course of the analysis of the literature and criminal case materials on human trafficking and slave labor use, forensically significant data on the concealment of the investigated crimes were substantiated; the knowledge of these data should be used in the course of the disclosure and investigation of such crimes.

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 Psychological and physiological characteristics of criminals and victims of crimes of personal freedom based on Russian criminal cases

2020 ◽  
Vol 9 (29) ◽  
pp. 472-481
Author(s):  
Aleksandr Kaliuzhnyi ◽  
Nikolai Shurukhnov ◽  
Oleg Karpushkin
Keyword(s):  
Human Trafficking ◽  
Scientific Literature ◽  
Life Experience ◽  
Physiological Characteristics ◽  
Criminal Cases ◽  
Slave Labor ◽  
Personal Freedom

A person’s personality is a carrier of individual, unique signs and traits that depend on its nature and are formed during life experience, including during the commission of crimes. We studied 320 criminal cases of violations of personal freedom (kidnapping, human trafficking, the use of their slave labor, etc.), as well as an analysis of the scientific literature that made it possible to substantiate the characteristics of criminals and their victims. As a result of the study, criminals and their victims were classified into groups. The features of these groups were characterized. The study of the personal properties of criminals and victims is necessary for all crimes of personal freedom, regardless of the commission country, and allows you to properly organize an investigation, put forward standard versions, build work to find traces and means of crime, thereby exposing the criminal.

KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Indigenous People ◽  
Criminal Case ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Participation ◽  
Criminal Offenses ◽  
Differences Of Opinion ◽  
Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

CRIMINOLOGICAL FEATURES OF CORRUPTION-RELATED CRIMES IN THE FUEL AND ENERGY COMPLEX

2020 ◽  
pp. 23-27
Author(s):  
Сергей Иванович Вележев ◽  
Антон Михайлович Седогин
Keyword(s):  
Legal Protection ◽  
Criminal Activity ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Energy Complex ◽  
Significant Damage ◽  
Study Results ◽  
Wide Range ◽  
Illegal Activities ◽  
High Level

В представленной статье авторами рассматриваются вопросы уголовно-правовой охраны топливно-энергетического комплекса Российской Федерации от преступных проявлений, в том числе от коррупционной противоправной деятельности должностных лиц. Такие действия причиняют значительный ущерб нормальному функционированию предприятий топливно-энергетического комплекса. Авторами приводятся результаты исследования некоторых криминологических характеристик должностных лиц, совершивших преступления коррупционного характера. Дан анализ причин и условий, способствующих совершению вышеуказанных противоправных действий. Определена типовая модель преступника для данной категории преступлений и его характеристики: в первую очередь, это высокий уровень компетентности, специальное образование и т. д. Авторами отмечается высокий уровень латентной преступности в данной отрасли. Предложены некоторые пути профилактики данной категории правонарушений. Исследование проводилось на основе анализа конкретных уголовных дел, возбужденных следственными органами по результатам оперативно-розыскной деятельности правоохранительных органов. In the article the authors consider the issues of criminal and legal protection of the fuel and energy complex of the Russian Federation from criminal activity including corrupt illegal practices of officials. The authors cite the results of some criminological characteristics study of the fuel and energy complex staff committed corruption crimes. As a result of these illegal actions significant damage is caused to the normal functioning of the fuel and energy enterprises. Such officials` actions determine not only a wide range of other illegal activities, but also lead to public outcry and discredit the industry as a whole. The analysis of the reasons and conditions contributing to the above illegal actions commission is given. A typical model of a criminal for a given crime category and its characteristics are determined. First of all it is a high level competence, special education, etc. A high level of latent crime in this industry is shown. The study results are presented on the example of specific criminal cases initiated by the investigating authorities based on the results of the operation detection activities of law enforcement agencies. Some ways of preventing this category of offenses are proposed.

scholarly journals Law Enforcement Response To Human Trafficking According To Law No. 21/2007: Case Study in Benjina, Aru Archipelago Regency

2018 ◽  
Vol 5 (2-1) ◽  
Author(s):  
Ahmad Ali Fikri Pandela ◽  
Anhar Ansyory ◽  
Ulfatmi Ulfatmi
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Organized Crime ◽  
Legal Basis ◽  
Peace Officer ◽  
Comprehensive Study

Generally, there are some distinction on the response to human trafficking that has been particularly ruled in Law No.20/2007 21 about Abolition of Criminal Act Human Trafficking. That law contains legal basis to anticipate and round up activities, ways, or any other exploitations occured on human trafficking. In the process of implementation of criminal act case handling to human trafficking, the peace officer sometimes get difficulties to proof the perpetrator because sometimes it’s an organized crime, moreover it is a trans-national crime. The purpose of this study is to know and to analyze some aspects in law enforcement on human trafficking cases in Indonesia according to Law No. 21/2007 about Abolition of Criminal Act Human Trafficking (case study on human trafficking case in Benjina, Aru Archipelago Regency, and Maluku). So that this study can be a common comprehensive study to handle the human trafficking cases in Indonesia.

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 Application of Criminal Penalties in Child Protection Law in the State Court Of Ngawi

2020 ◽  
Vol 2 (4) ◽  
pp. 571
Author(s):  
Sulistyo Utomo ◽  
Ira Alia Maerani
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Secondary Data ◽  
Primary Data ◽  
State Court ◽  
Criminal Cases ◽  
Analysis Techniques ◽  
Survey Results ◽  
Criminal Penalties ◽  
Data Collection Technique

This research aims to identify and analyze the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia and analyze the effectiveness of criminal fines when viewed from the perspective of children as victims of crime.Method used is socio-juridical using primary and secondary data. Primary data collection technique is done with the interview, and secondary data by reading, reviewing and analyzing primary legal materials, secondary legal materials, tertiary legal materials with qualitative analysis techniques, interpreted logically and systematically and drawn conclusions.Based on the survey results revealed that the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia criminal fines in criminal prospects are just as an alternative or substitute for imprisonment or confinement. And effectiveness this penalty has not run optimally because the defendant would prefer to replace the criminal penalties to imprisonment.The conclusion of this thesis is that the implementation or execution of criminal penalties in Indonesia have not been effective or not maximized because law enforcement or judges tend to prefer the imprisonment of the criminal finesKeywords: Criminal Fines; Criminal Prison; Children.

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.

scholarly journals HUMAN TRAFFICKING AND HUMAN SECURITY IN SOUTHEAST ASIA: A CASE STUDY OF BANGLADESHI FOREIGN WORKERS IN MALAYSIA

2021 ◽  
Vol 6 (1) ◽  
pp. 136-155
Author(s):  
Norliza Dolhan ◽  
Zarina@Zairina Othman ◽  
Nor Azizan Idris
Keyword(s):  
Southeast Asia ◽  
Human Trafficking ◽  
Human Security ◽  
Policy Formulation ◽  
Foreign Workers ◽  
Study Approach ◽  
Interview Session ◽  
Universal Approach ◽  
Illegal Activities

Background and Purpose: In the modern globalisation epoch, security threats no longer concern the state’s hostilities, military operation, or nuclear proliferation. It involves non-traditional menaces like human trafficking, which is believed to escalate quickly. The goal of this research is to identify human trafficking activities and to reveal the experiences of victims in the Southeast Asia region, particularly in Malaysia.   Methodology: This study used a qualitative method through a case study approach. It involved an in-depth interview session with five primary informants (represented as Cases 1 to 5) who were the victims of human trafficking from Bangladesh, a government officer from related agency, two local academicians and a representative of Bangladesh foreign workers’ vending system company.   Findings: The study discovered that human trafficking crimes produce detrimental effects on the survival of the victims, especially on the economic and individual security aspect. Their wages are not fully paid and their freedom to socialize is restricted.   Contribution: This study calls for policy formulation and policy implementation to protect the interest and security of people despite their citizenship which is considered the most trustworthy, relevant and universal approach in rectifying these illegal activities within Southeast Asia region especially in Malaysia. Keywords: Bangladesh, labour migration, human security, human trafficking.   Cite as: Dolhan, N., Othman, Z., & Idris, N. A. (2021). Human trafficking and human security in Southeast Asia: A case study of Bangladeshi foreign workers in Malaysia. Journal of Nusantara Studies, 6(1), 136-155. http://dx.doi.org/10.24200/jonus.vol6iss1pp136-155

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