International Cooperation Combating Financial Proceeds of Crime

The flow of illicit capital, into the financial circles of various states, is a serious threat to global security. To this end, an important part of the strategy to combat criminal proceeds is the coordination of work between states. Expanding investigative capacity across national borders is seen as an important factor in the success of the fight against crime. The exchange of information, between law enforcement agencies in different states, is one of the most effective policies for financial investigations aimed at tracking the proceeds of crime. This case, should be approciated in two aspects. On the one hand, it is necessary to adopt direct and at the same time joint interventions, to detect and monitor the movement of money or capital outside their borders. On the other hand, the conditions must be provided for an appropriate use of information and without hindering the movement of legal capital. The necessity of a common criminal policy, to deprive criminals of the proceeds of crime and the instruments for their commission, is clearly emphasized by international acts in this field. They encourage the widest possible cooperation between states for the purpose of investigating and prosecuting criminal assets.

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Certainty and Uncertainty in Tax Law: Do Opposites Attract?

Laws ◽

10.3390/laws9040030 ◽

2020 ◽

Vol 9 (4) ◽

pp. 30

Author(s):

Alexander V. Demin

Keyword(s):

Law Enforcement ◽

Everyday Life ◽

International Organizations ◽

Good Faith ◽

The Other ◽

Tax Law ◽

General Requirement ◽

Law Enforcement Agencies ◽

The One ◽

Effective Channel

The principle of certainty of taxation is the dimension of a general requirement of certainty in the legal system. The purpose of this article is to argue the thesis that uncertainty in tax law is not always an absolute evil, sometimes it acts as a means of the most optimal (and in some cases the only possible) settlement of relations in the field of taxes. On the contrary, uncertainty and fragmentation in tax law are colossal problems subject to overcome by the efforts of scientists, legislators, judges, and practicing lawyers. Uncertainty in tax law is manifested in two ways: on the one hand, negatively—as a defect (omission) of the legislator and, on the other hand, positively—as a set of specific legal means and technologies that are purposefully used in lawmaking and law enforcement. In this context, relatively determined legal tools are an effective channel for transition from uncertainty to certainty in the field of taxation. A tendency towards increased use of relatively determined legal tools in lawmaking processes (for example, principles, evaluative concepts, judicial doctrines, standards of good faith and reasonableness, discretion, open-ended lists, recommendations, framework laws, silence of the law, presumptive taxation, analogy, etc.), and involving various actors (courts, law enforcement agencies and officials, international organizations, citizens, organizations and their associations) allow making tax laws more dynamic flexible, and adequate to changing realities of everyday life.

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Waffengleichheit im Vorverfahren

10.24921/2019.94115935 ◽

2019 ◽

Author(s):

Lorenz Garland

Keyword(s):

Law Enforcement ◽

Case Law ◽

The Other ◽

Criminal Proceedings ◽

Law Enforcement Agencies ◽

Holistic View ◽

Structural Principle ◽

European Court ◽

The One ◽

Decisive Evidence

The concept of equality of arms is often used in the context of criminal proceedings but is rarely defined clearly. The present work is preparing to give the term an outline. It highlights the historical roots of this important structural principle and shows the goals of equality of arms. The work pays particular attention to the case law of the European Court of Human Rights (ECHR). In the decisive evidence procedure, this requires a procedural balance between the accused person on the one hand and law enforcement authorities on the other. To what extent does Swiss procedural reality - with its postponement of crucial procedural steps in the pre-litigation - meet this demand? Based on empirical data, it is shown that the institutional superiority of law enforcement agencies in the underregulated preliminary proceedings has the potential to objectively restrict the defendant's rights of defense. The author discusses how this problem can be dealt with in a holistic view of the Swiss criminal trial using various variants.

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Systematic Government Access to Private-Sector Data in Israel

10.1093/oso/9780190685515.003.0004 ◽

2017 ◽

Author(s):

Omer Tene

Keyword(s):

Law Enforcement ◽

National Security ◽

Attorney General ◽

Law Enforcement Agencies ◽

Competing Interests ◽

Government Power ◽

Protection Of Human Rights ◽

Constitutional Right ◽

The One ◽

Sector Data

Israel is a democracy committed to the protection of human rights while at the same time trying to contain uniquely difficult national security concerns. One area where this tension is manifest is government access to communications data. On the one hand, subscriber privacy is a constitutional right protected by legislation and Supreme Court jurisprudence; on the other hand, communications data are a powerful tool in the hands of national security and law enforcement agencies. This chapter examines Israel’s attempt to balance these competing interests by empowering national security agencies while at the same time creating mechanisms of accountability. In particular, Israel utilizes the special independent status of the attorney general as a check on government power.

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Predictive policing: Utopia or dystopia? On attitudes towards the use of big data algorithms for law enforcement

10.31235/osf.io/a7juk ◽

2020 ◽

Author(s):

Fernando Miró Llinares

Keyword(s):

Law Enforcement ◽

Main Part ◽

Scientific Evidence ◽

The Other ◽

State Control ◽

Legal Decisions ◽

Technological Revolution ◽

Predictive Policing ◽

Predictive Algorithms ◽

The One

The use of predictive AI tools to improve decision-making in relation to crime prevention and investigation is a reality. They are being implemented almost before we fully understand how they work, while we make relevant legal decisions that may determine the progress of the technology, and long before we can predict their full impact. This paper addresses the attitudes towards this technological revolution applied to criminal justice, focusing in particular on its use by police. The first section summarises and describes the techniques and technologies that make up predictive policing. Subsequently, the main part of the study analyses the attitudes with which this technology has been received. These range from the optimism of those who defend its immediate implementation as a way to improve police objectivity and efficiency, to the pessimism of those who see its use as strengthening a dystopia of state control and surveillance. Two apparent extremes that correspond to the transition from optimism to technological pessimism of the twentieth century. The article concludes with a defence of a realistic, critical and informed view of the use of these predictive algorithms. A vision that, on the one hand, accepts that there are no neutral technologies, yet does not fall into fatalism and technophobia; and, on the other hand, places the human being and the legitimate police function at the centre of the algorithmic equation while redefining its objectives based on the scientific evidence applied to each individual technology.

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KEBIJAKAN PENGGUNAAN SANKSI PIDANA DALAM PERUNDANG--UNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASIUNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASI

Wahana Akademika Jurnal Studi Islam dan Sosial ◽

10.21580/wa.v1i1.806 ◽

2016 ◽

Vol 1 (1) ◽

pp. 135

Author(s):

Eman Sulaiman

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Administrative Law ◽

Law Enforcement Agencies ◽

Criminal Sanctions ◽

Procedural Law ◽

State Administration ◽

The One ◽

Level Of Understanding

AbstractThe use of criminal sanctions as the main sanction has indicated the extent to which the level of understanding of the legislators to the problem of "crime and punishment". At least show that the limited understanding of the use of criminal sanctions also affect the determination of criminal sanctions in administrative law. "Errors" in the formulation of the implications for the difficulty and confusion in the law enforcement, because there is a gap of two disciplines, namely the criminal law on the one hand and on the other hand administrative law, which has its own procedural law. This confusion will lead to ambiguity in the resolution of cases of violation of administrative law contains criminal sanctions, whether enforcement will be carried out by law enforcement agencies within the criminal justice sisitem or whether officials of the state administration in the sphere of administration? Such circumstances, of course, will lead to the existence of legal uncertainty for the community. Kata Kunci: sanksi pidana, hukum pidana, hukum administrasi

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Women trafficking networks: Structure and stages of women trafficking in five Dutch small-scale networks

European Journal of Criminology ◽

10.1177/14773708211053135 ◽

2021 ◽

pp. 147737082110531

Author(s):

Tomáš Diviák ◽

Jan Kornelis Dijkstra ◽

Fenna van der Wijk ◽

Indra Oosting ◽

Gerard Wolters

Keyword(s):

Law Enforcement ◽

Graph Model ◽

Small Scale ◽

Law Enforcement Agencies ◽

Random Graph Model ◽

Exponential Random Graph ◽

A Cell ◽

Women Trafficking ◽

The One ◽

Networks Structure

In this study, we investigated the relation between the different stages of women trafficking (i.e. recruitment, entrance, accommodation, labor, and finance) and the structure of five criminal networks involved in women trafficking in the Netherlands ( Ns ranging from 6 to 15). On the one hand, it could be argued that for efficiency and avoidance of being detected by law enforcement agencies, the network structure might align with the different stages, resulting in a cell-structured network with collaboration between actors within rather than across stages. On the other hand, criminal actors might prefer to collaborate and rely on a few others, whom they trust in order to circumvent the lack of formal opportunities to enforce collaboration and agreements, resulting in a core-periphery network with actors also collaborating across stages. Results indicate that three of the five networks were characterized by a core-periphery structure, whereas the two other networks exhibit a mixture of both a cell-structured and core-periphery network. Furthermore, using an Exponential Random Graph Model (ERGM), we found that actors were likely to form ties with each other in the stages of recruitment, accommodation, and exploitation, but not in the stages of transport and finance.

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Իրավունքի և օրենքի կոլիզիաները իրավունքի փիլիսոփայությունում

Scientific Artsakh ◽

10.52063/25792652-2021.1-64 ◽

2021 ◽

pp. 64-85

Author(s):

Artur Ghambaryan

Keyword(s):

Law Enforcement ◽

Natural Law ◽

Point Of View ◽

The Other ◽

Scientific Methods ◽

Legislative Policy ◽

The Law ◽

Law And Justice ◽

The One ◽

Legal Understanding

The aim of the article is to reveal the collisional relationship between justice and the law in the philosophical dimension. The main objectives of the article are to analyze the contradictions between law from the point of view of broad legal understanding, as well as the answer to the question of how law enforcement agent should act if, in solving a specific case, an outrageous contradiction between law and justice is encountered. The author used a number of scientific methods, in particular, historical-legal-comparative methods. The author concludes that supporters of a broad legal understanding consider the issue of contradiction between law mainly from the point of view of legislative policy, however, they do not discuss the issue of how the law enforcement agent should act when an obvious contradiction between law is encountered in a particular case. In the article the sayings «dura lex sed lex» (The law [is] harsh, but [it is] the law) and «lex iniusta non est lex» (An unjust law is no law at all) are considered in the dimensions of the legalism and natural law. The author concludes that the Radbruch formula is an exception to the saying «dura lex sed lex» (The law [is] harsh, but [it is] the law), which has undergone practical approbation. On the one hand, this resolution values the certainty and stability of the law, and on the other hand, it protects the person (society) from the unjustly shouting unjust laws.

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Former employees of the Ministry of Internal Affairs of the Tambov Governorate after the February Revolution of 1917

Tambov University Review Series Humanities ◽

10.20310/1810-0201-2021-26-194-194-205 ◽

2021 ◽

pp. 194-205

Author(s):

Pavel S. Rakhmanov

Keyword(s):

Law Enforcement ◽

Law Enforcement Officers ◽

Professional Group ◽

Political Life ◽

Law Enforcement Agencies ◽

The Public ◽

Political Conditions ◽

Russian Law ◽

Internal Affairs ◽

The One

The problems of changing the position of the Ministry of Internal Affairs after the events of February–March 1917 in the Tambov Governorate are investigated. We study the state policy, the attitude of local authorities and the public to representatives of this socio-professional group, individual features of the adaptation of its representatives to new socio-political conditions. The relevance of the research is due to both significant gaps in the historiography of the issue, especially at the regional level of the study of the problem, and a certain consonance with the modern problems of Russian law enforcement agencies in the context of transformations. It is concluded that representatives of the broad popular strata and the soldier masses treated former em-ployees of the Ministry of Internal Affairs extremely negatively, which was especially pronounced in the period that followed the revolutionary events of February 1917. However, the leadership of both the governorate as a whole and in individual counties pursued an ambivalent policy towards representatives of this social and professional group. On the one hand, the tasks were set for the maximum removal of former law enforcement officers from participation in public and political life, and on the other, their professional skills were in demand in the newly created militia bodies.

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Évolution du concept de dangerosité en criminologie européenne (« Vingt ans après... »)

Criminologie ◽

10.7202/017200ar ◽

2005 ◽

Vol 17 (2) ◽

pp. 79-91 ◽

Cited By ~ 1

Author(s):

Guy Houchon

Keyword(s):

Fear Of Crime ◽

Criminal Policy ◽

The Other ◽

Social Intervention ◽

Critical Perspective ◽

The One ◽

Problematic Situations

In this article, we examine how dangerousness is a concept which is now scrutinized in Europe in terms of criminal policy, clinical criminology and criminology in general. On the one hand, new rationales based on the fear of crime shed some light on criminal policy; on the other, the current conceptual crisis in criminology must not lead to a refusal to perceive serious problematic situations which really affect some persons. Social intervention interrogates us in a critical perspective linked to the abolitionist model.

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Innovative complex correction of poststress disorders

Лечащий врач ◽

10.51793/os.2021.73.41.003 ◽

2021 ◽

Author(s):

И.А. Бокова ◽

Л.Г. Агасаров

Keyword(s):

Law Enforcement ◽

Relaxation Training ◽

Law Enforcement Officers ◽

The Other ◽

Law Enforcement Agencies ◽

Other Hand ◽

Somatic Disorders ◽

Cardio Vascular ◽

Effective Component ◽

Post Stress

В работе детализированы варианты постстрессовых нарушений у представителей опасных профессий (сотрудников силовых ведомств, участников ликвидации последствий катастрофы на Чернобыльской АЭС) и на этой основе обоснованы адекватные способы коррекции данных сдвигов. В ходе исследования из 1250 мужчин, связанных по роду деятельности со стрессированием, было отобрано 490 лиц, отличающихся переплетением нервно-психических и кардиоваскулярных нарушений. С учетом поставленных задач оценивали психический статус и состояние сердечно-сосудистой системы пациентов. Исходно (помимо медикаментозного лечения) при сравнении результативности дыхательно-релаксационного тренинга и аутогенной тренировки были отмечены преимущества первого. Метод также оказывал положительное, хотя и недостаточное влияние на уровень сердечно-сосудистой деятельности пациентов. Эти данные определили необходимость использования наряду с психотерапией способа пульсогемоиндикации, зарекомендовавшего себя в коррекции как невротических, так и соматических расстройств. Предложенный комплекс психокоррекции и пульсогемоиндикации незначительно повышал результативность лечения участников локальных операций среднего возраста. С другой стороны, он был достоверно эффективнее сравниваемых подходов у лиц старшего возраста – как ликвидаторов, так и ветеранов силовых ведомств. Катамнестический анализ отразил большую терапевтическую надежность комплекса применительно к участникам локальных операций. В целом результаты проведенного исследования позволяют рассматривать пульсогемоиндикацию в качестве эффективного компонента реабилитации лиц, связанных со стрессированием. In the paper, the options of post-stress violations in persons of dangerous professions (law enforcement officers, participants in the aftermath of the Chernobyl disaster) are detailed and on this basis adequate ways of correcting these shifts are substantiated. In a study of 1,250 men associated with stress-activity, 490 individuals were selected for infused neuropsychiatry and cardio-vascular disorders. Taking into account the tasks, the mental status and condition of the cardiovascular system of patients were assessed. Originally (in addition to medical treatment) in the course of comparing the effectiveness of respiratory-relaxation training and autogenic training were noted the benefits of the first. These data identified the need to use, along with psychotherapy, a method of pulsogeoindication, which proved to be in the correction of both neurotic and somatic disorders. The proposed complex of psychocorrection and pulsogemoindication slightly increased the effectiveness of treatment of participants in local middle-aged operations. On the other hand, it was reliably more effective than the comparable approaches in older persons – both liquidators and veterans of law enforcement agencies. On the other hand, catamnestic analysis reflected the great therapeutic reliability of the complex in relation to participants in local operations. In general, the results of the study allow to consider pulsogeoindication as an effective component of rehabilitation of persons associated with stress.

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