Selected aspects of social danger of crime theory

The question of social danger, its criteria and structure, is literally central in the doctrine of crime. There are tens, if not hundreds, of works devoted to this topic. Despite this, social danger still remains one of the most controversial areas of criminal law theory, and an underexamined field of study. The conclusion about the danger of a crime is the result of legislative consideration of many factors, which only provide a basis for criminalization. It should be obvious that each of these components can and should be independently assessed for public danger. Only in their totality can an act and its consequences be integrated into a general conclusion about the danger of a crime bia separate assessments of the danger of an individual. Among these factors, an act as a consciously volitional unlawful behavior of a person plays a special role. The act and its danger are an independent subject of assessment by the legislator and law enforcement body; the assessment of the danger of the act and the assessment of the danger of the crime are different types of assessment practice.

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Korruptionsbekämpfung durch das Steuerrecht und Kooperation von Strafverfolgungs- und Finanzbehörden

10.5771/9783845292175 ◽

2019 ◽

Author(s):

Alexander Ermert

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Income Tax ◽

Economic Crime ◽

Avoidance Behaviour ◽

Tax Law ◽

Criminal Proceedings ◽

Starting Point ◽

Different Types ◽

The Law

This thesis investigates how tax law can be used to fight corruption. The taxation procedure is particularly well-suited as a starting point for further criminal proceedings in cases involving corruption in the context of economic crime. However, the collaboration between law enforcement and tax authorities in this field is not without its difficulties, as it involves different areas of the law (tax law, criminal law, criminal tax law) and different types of proceedings (taxation proceedings, criminal investigations), whose interactions result in numerous problems. This work also finds that § 4 sec. 5 sentence 1 No. 10 of the EStG (Germany’s Income Tax Act) is insufficiently considered in practice. After analysing the norm and its various levels of impact (fiscal, general preventive and criminal tax law levels), the author concludes that the current rules have weaknesses that provoke avoidance behaviour among the tax authorities.

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Criminal Law Protection of Human Life and Prevention of Murder in Uzbekistan (On the Example of Women)

Psychology and Education Journal ◽

10.17762/pae.v58i1.858 ◽

2021 ◽

Vol 58 (1) ◽

pp. 1085-1093

Author(s):

Khurshida Mirziyatovna Abzalova

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Human Life ◽

Practical Importance ◽

Special Role ◽

Law Enforcement Agencies ◽

The World ◽

The Individual ◽

The Uk ◽

Criminal Legislation

In the world, protection of the rights and interests of the individual is one of the priority areas for improving legislation. In this process, a special role is played by criminal legislation, which is designed to ensure the protection of human life as the most valuable object of criminal law protection. The fight against crimes against life, in particular murder, is the highest priority for judicial and law enforcement agencies. In this regard, the adoption of effective measures to counter deliberate killings, the study of the causes and conditions that contribute to their Commission, as well as the identity of the killer are of great scientific and practical importance. According to statistics provided in the UN Global Study on Homicide report for 2019, the number of murders per 100,000 people in El Salvador is 61.8, in Brazil-30.5, in Russia-10.82, in Switzerland-5.35, in Uzbekistan-3, Finland-1.42, in the UK-1.2[1]. All this indicates the need to pay special attention to effective criminal law protection of human life.

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Cybervictimology as a New Course Unit: Methodological Guidance

Baikal Research Journal ◽

10.17150/2411-6262.2021.12(3).25 ◽

2021 ◽

Vol 12 (3) ◽

Author(s):

Dmitry Zhmurov

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Professional Competencies ◽

Field Of Study ◽

Major Field ◽

Training Course ◽

Teaching Guide ◽

Research Competencies ◽

The Status

The author’s own teaching guide of the course “Cybervictimology” is presented. It is aimed at developing students’ scientific and research competencies within in the Master’s degree program “Criminal Law and Criminology” (major field of study is “Law”). Apart from that, the key objectives of the academic course are as follows: a) to inform students about the most relevant processes in the modern criminality, and specificities and changes in the status of victims afflicted by cybercrimes; b) to develop professional competencies related to efficiency of the future occupation in law enforcement; c) to develop skills of digital hygiene. Relevance of the proposed training course, its goals and tasks are described. The structure of lectures and seminars is outlined. Digital didactic technologies to be used in the course are detailed. To complete the course, a number of final testing forms (test questions, credit questions) ensuring quality of the acquired knowledge are introduced.

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Scientific and practical commentary on the Criminal Law Enforcement Code of the Russian Federation, 4th Edition

10.31085/9785392318315-2021-496 ◽

2021 ◽

Author(s):

A.V. Brilliantov

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Criminal Law ◽

The Russian Federation

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CRIMINAL LAW IN PROTECTION OF HEALTH FROM THE ABUSE OF DRUGS IN SERBIA

Knowledge International Journal ◽

10.35120/kij28061939m ◽

2018 ◽

Vol 28 (6) ◽

pp. 1939-1946

Author(s):

Miodrag Simović ◽

Dragan Jovašević ◽

Marina M. Simović

Keyword(s):

United Nations ◽

Criminal Law ◽

International Standards ◽

Individual State ◽

Criminal Sanctions ◽

Criminal Offenses ◽

Different Types ◽

The Republic ◽

To Come ◽

Practical Sense

Based on international standards adopted within the framework and under the Organisation of the United Nations, all national legislations recognise several different types and forms of criminal acts regarding misuse of narcotics. It is the matter of various activities of unauthorized production, traffic and other forms of inciting or enabling others to come into possession of narcotics for immediate use, which seriously endangers the health and life.Depending on the needs of each individual state, the distinction is made between the offenses, for the perpetrators are given different types and measures of penalties and other criminal sanctions. A similar situation exists in the Republic of Serbia.The paper analyzes the system of criminal offenses in various types and forms of manifestation in the theoretical and practical sense for whose offenders that are prescribed serious criminal sanctions.

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APPLICATION FEATURES OF TECHNICAL AND FORENSIC TOOLS BY AN INVESTIGATOR (THE INTERROGATOR) DURING INTERROGATION IN THE PRETRIAL DETENTION CENTER

Vestnik Samarskogo iuridicheskogo instituta ◽

10.37523/sui.2020.39.3.007 ◽

2020 ◽

pp. 48-53

Author(s):

Роман Михайлович Морозов ◽

Дмитрий Юрьевич Волков

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Scientific Literature ◽

Preliminary Investigation ◽

Preventive Measure ◽

Criminal Procedure ◽

Evidence Based ◽

Detention Center ◽

Pretrial Detention ◽

Forensic Tools

Целью статьи было рассмотреть проблемные аспекты тактико-криминалистического применения технических средств при производстве допроса, предложить научно обоснованные рекомендации по их использованию. В статье раскрываются особенности применения технико-криминалистических средств процессуально уполномоченными должностными лицами органов предварительного следствия и дознания при производстве допроса подозреваемых (обвиняемых), в отношении которых избрана мера пресечения в виде заключения под стражу. По результатам проведенных исследований правоприменительной практики и научной литературы авторами раскрываются процессуальные и тактические основания и порядок применения технических средств при производстве допроса на отдельных его этапах, предлагаются решения проблем, связанных с применением технико-криминалистических средств, даются рекомендации по порядку применения отдельных технических средств. Выделяются наиболее целесообразные тактические приемы допроса при применении технических средств фиксации. Авторами предложены изменения в уголовно-процессуальное законодательство по совершенствованию законодательных норм в области применения технических средств при производстве следственных действий. Сформулированные в статье выводы могут быть использованы в правоприменительной практике следователями (дознавателями) при производстве допроса в следственном изоляторе, а также при преподавании отдельных дисциплин: «Уголовный процесс», «Криминалистика», а также специальных курсов (по выбору) уголовно-правового профиля. The purpose of the article was to consider the problematic aspects of the tactical and forensic use of technical means during the interrogation, to offer evidence-based recommendations for their use. The article reveals the features of the use of technical and forensic means by the procedurally authorized officials of the preliminary investigation and inquiry bodies during the interrogation of suspects (accused), in respect of which a preventive measure in the form of detention has been chosen. According to the results of the research of law enforcement practice and scientific literature, the authors reveal the procedural and tactical grounds and the procedure for the use of technical means during the interrogation at its individual stages, offers solutions to problems associated with the use of technical and forensic means, gives some recommendations on the order of application of individual technical means. The most appropriate tactics of interrogation, the use of technical facilities of fixation. The authors propose changes to the criminal procedure legislation to improve the legislative norms in the field of application of technical means in the investigative actions realization. The conclusions formulated in the article can be used in law enforcement practice by investigators (inquirers) during the interrogation in the pretrial detention center, as well as in the teaching of certain disciplines: «Criminal procedure», «Criminalistics», as well as special courses (optional) of criminal law profile.

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Interdicting International Drug Trafficking: a Network Approach for Coordinated and Targeted Interventions

European Journal on Criminal Policy and Research ◽

10.1007/s10610-020-09473-0 ◽

2021 ◽

Author(s):

Luca Giommoni ◽

Giulia Berlusconi ◽

Alberto Aziani

Keyword(s):

Law Enforcement ◽

Drug Trafficking ◽

Network Approach ◽

Targeted Interventions ◽

Cross Border ◽

Edge Betweenness ◽

Different Types ◽

Social Network Approach ◽

The Impact ◽

International Trafficking

AbstractThere is a relative dearth of literature on both the effects of cross-border interdictions and the impact of different types of interventions on international drug trafficking. This study identifies the main trafficking routes for cocaine and heroin, along with comparing the disruptive effects induced by targeted and non-coordinated interventions. It adopts a social network approach to identify the routes along which cocaine and heroin are trafficked, and then simulates the impact of different interdiction strategies on these two trafficking networks. The findings indicate that targeting countries based on their respective positions in the networks, as opposed to on the basis of the quantity of drugs exchanged, is more likely to disrupt drug flows. More specifically, concentrating law enforcement resources on countries with several incoming or outgoing trafficking connections, or those countries that mediate between producer, transit and consumer countries, would appear to be particularly effective in this regard. Interventions focused on specific trafficking routes are also likely to be effective if these routes have high edge betweenness centrality scores. This study contributes to extant understanding on the vulnerability of cocaine and heroin international trafficking networks, and, moreover, demonstrates that empirically-driven strategies are potentially more effective at interdicting international trafficking than non-strategic and non-coordinated interventions.

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CRIMINAL LEGAL MEANS OF PROVIDING HEALTH CARE DURING THE COVID-19 PANDEMIC

Sociopolitical sciences ◽

10.33693/2223-0092-2020-10-6-31-41 ◽

2020 ◽

Vol 10 (6) ◽

pp. 31-41

Author(s):

DANILA ILIN ◽

Keyword(s):

Health Care ◽

Law Enforcement ◽

Health System ◽

Russian Federation ◽

Criminal Law ◽

Social Life ◽

Criminal Liability ◽

General Description ◽

Theoretical Approaches ◽

The Russian Federation

The article presents the results of a study of the problems of criminal legal assessment of criminal attacks on the health care system during the COVID-19 pandemic. The social background of such crime and its criminological characteristics are studied. Given the fact that most of criminal law, aimed at preventing crime, reducing the capacity of the state in the fight against novel coronavirus infection treated in depth by the legal and regulatory framework is impeding the spread of the pandemic COVID-19, and analyzed Federal laws, decrees of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, orders of the Ministry of health of Russia and other state bodies governing the functioning of public authorities, medical institutions and organizations, the rights and obligations of citizens and legal entities, this includes measures for the prevention of this disease in various areas of social life that are additionally regulated during the COVID-19 pandemic. The task of optimizing the criminal law provision of health care during the COVID-19 pandemic is formulated, taking into account the actual situation with the spread of this infection and the practice of countering it. As part of this task, based on a critical analysis of existing approaches in the science of criminal law, we formulate our own concept of crimes that infringe on the health system during the COVID-19 pandemic, characterize the problem, study their legal and social nature, and systematize such crimes. On the basis of the obtained data, a General description of crimes that encroach on the health system during the COVID-19 pandemic is given, their criminal-legal features are considered, theoretical approaches to determining their essence are studied, and the author's position on this issue is formulated. The author's classification of crimes that hinder the provision of health care during the COVID-19 pandemic is given. Groups of such crimes are consistently considered. A General description of their objective and subjective characteristics is given. Proposals for improving the interpretation of the relevant criminal law norms in science and law enforcement practice have been developed, and suggestions for their improvement have been substantiated and formulated. The article is addressed not only to scientists and practitioners of law enforcement agencies, but also to doctors who often work in conditions of a lack of legal knowledge about their rights and obligations, the qualification of certain acts from the point of view of criminal law, the grounds and limits of criminal liability for those that constitute a crime, and algorithms for actions in case of detection of such acts.

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