scholarly journals Robberies and Some Features of the Methodology of Investigating Robberies

2018 ◽  
Vol 3 (4) ◽  
pp. 15
Author(s):  
Duraković Adnan
Keyword(s):  
Police Officers ◽  
Point Of View ◽  
Criminal Investigation ◽  
Criminal Offense ◽  
Bodily Injury ◽  
Criminal Offenses ◽  
Sense Of Security ◽  
Criminal Control ◽  
Technical Measures ◽  
Strategic Goal

Robberies are crimes that particularly negatively and significantly affect the subjective sense of security (but also objective) in society. Special significance of robberies is that they are often on the edge of murder or serious bodily injury. From the criminal law and criminal investigation point of view, robberies range from the so-called "simple" cases in terms of their discovery and clarification to the very serious armed raid on individuals, money transport, legal persons such as banks and other monetary institutions. The suppression of property crimes, especially the part which includes delicts that are carried out using coercion (force and / or threat) like robberies, can be successfully carried out by methods that could be called criminalistic methods. These methods represent a kind of criminalistic engineering - criminal investigation engineering. Criminalistic engineering is all about adjusting criminal investigation tactics, forensic and legal actions and measures to special features of criminal offenses. When carrying out criminal investigation, authorized police officers must constantly take care of the so-called operational criminalistic strategy that rises above the tactical processing of a particular criminal offense, and is aimed at the creation and implementation of a complex of operational-tactical and technical measures and actions with the strategic goal of combating criminality as a whole. This is reflected in the organizational structure of the police and also in the way of criminal control which implies permanent, continuous and systematic penetration and supervision of the so-called the "dark belt" of crime.

scholarly journals Forensic description as an element of the methodology of investigation of criminal offenses against morality

2020 ◽  
Vol 3 (3) ◽  
pp. 161-167
Author(s):  
Mykola Yefimov
Keyword(s):  
Police Officers ◽  
Scientific Article ◽  
Turn Of The Millennium ◽  
Structural Elements ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Special Knowledge ◽  
Investigation Process ◽  
Practical Recommendations

The scientific article is devoted to the study of some aspects of the investigation of criminal offenses against morality. Peculiarities of forensic characteristics as an element of the methodology of investigation of this category of criminal offenses are considered. The author emphasizes that any method of investigating certain types of criminal offenses has a certain structure, an important element of which is the forensic characteristics. The concept of forensic characteristics as an element of methodology, quantity, content and significance of structural elements of this scientific category remain vague and contradictory. Moreover, at the turn of the millennium, the question of the expediency of the existence of forensic characteristics as a scientific category in general became acute. Therefore, it should be borne in mind that the value of forensic characteristics can be divided into practical and theoretical. For police officers who are directly involved in the investigation, the most important thing is the practical application of a tool that will help in the investigation process. It is noted that the method of investigation of certain types of criminal offenses is a system of sci-entific provisions, as well as methodological and practical recommendations developed on their basis for the investigation of certain types and groups of criminally punishable acts. It is emphasized that the structure of the studied scientific category is as follows: forensic charac-teristics of criminal offenses; analysis of primary information and initiation of criminal proceedings; cir-cumstances to be proved in criminal proceedings; typical investigative situations; features of conducting initial investigative (search) actions, covert investigative (search) actions and other measures; features of further investigative (search) actions, covert investigative (search) actions and other measures; features of the use of special knowledge during the investigation of a criminal offense; preventive activities of the investigator in relation to the causes and conditions that contributed to the commission of a criminal offense; features of the investigator's activity at the final stage of the investigation.

scholarly journals QUALIFICATION OF CRIMINAL OFFENSES: THE PROBLEM OF DEFINITION AND METHODOLOGICAL ASPECTS OF THE RESEARCH

2021 ◽  
pp. 125-131
Author(s):  
K. M. Orobets
Keyword(s):  
Criminal Law ◽  
Cognitive Activity ◽  
Special Kind ◽  
Practical Aspect ◽  
Point Of View ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Comprehensive Development ◽  
Definition Of ◽  
Methodological Aspects

The article is devoted to the study of the qualification of criminal offenses. It has been established that this concept is used in criminal and criminal procedural legislation, but there is no formal definition of it. In the science of criminal law, there are different approaches to understanding the concept of qualifications. Based on the analysis of these approaches, the definition of the qualification of criminal offenses has been formulated. According to the author, the qualification of criminal offenses is a process of knowledge and evaluation by the authorized subject of the factual features of a socially dangerous act, isolation of legally significant ones and establishing their compliance with the legal features of a particular corpus delicti of criminal offense, including its distinction from other criminal offenses and from acts that are not criminally illegal, as a result of which the conclusion on the criminal law norm to be applied is substantiated and documented. The main methodological aspects of the study of the qualification of criminal offenses, such as praxeological, epistemological, axiological, hermeneutical, logical, practical, are highlighted. From the point of view of praxeology, the qualification of criminal offenses is considered as a special kind of human, and in particular legal, activity. In the epistemological aspect, the qualification of criminal offenses is the cognitive activity of the law enforcer. In the axiological aspect in the process of qualification the assessment of factual signs and the committed act as a whole is carried out, and also in the presence of estimation concepts in criminal law their maintenance is defined. The hermeneutic aspect of the study of the qualification of criminal offenses is to study the understanding and interpretation of criminal law. The comparison of the factual features of the committed act and the features of the specific composition of the criminal offense should be carried out using the laws, forms and methods of logic. The practical aspect of the study of the qualification of criminal offenses covers the material and procedural problems of accuracy, correctness of qualification in terms of content and form. It is concluded that the study of these aspects contributes to a deeper understanding of the concept under study. The multidimensional approach to the qualification of criminal offenses contributes to the further comprehensive development of qualification rules and substantiation of proposals for improving the practice of applying the criminal law.

scholarly journals Problematic Issues of Preventive Activities of Investigators and Interrogators in the Legislation of Ukraine and Some Foreign Countries

2020 ◽  
Vol 91 (4) ◽  
pp. 245-252
Author(s):  
R. M. Balats
Keyword(s):  
Legal Regulation ◽  
Research Topic ◽  
Point Of View ◽  
Criminal Offense ◽  
World Community ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
The World ◽  
Procedural Code ◽  
Theoretical Developments

The author has carried out a comparative analysis of the normative provisions of the legislation of Ukraine and some foreign countries on preventive activities, in particular the regulation of tasks to identify the causes and conditions that contributed to the crime during the pre-trial investigation. The annual increase in the number of criminal offenses indicates the need to introduce the institution of preventive activities of investigators and interrogators into the current Criminal Procedural Code of Ukraine. The scientific views of scholars have been studied and the own vision of the raised problems has been developed. The issue of the essence of identifying the causes and conditions that contributed to the commission of a criminal offense and its normative enshrinement in legislation at some historical stages of the development of our country and the world community has been studied. Based on the analysis of theoretical developments of scholars on criminal procedural legislation of Ukraine and the practice of pre-trial investigation and inquiry of some post-Soviet countries on issues related to the research topic, the author has placed emphasis on the significant shortcomings of legal regulation of preventive activities of investigators and interrogators during the pre-trial investigation. The author has presented own point of view on the preventive activities of investigators and interrogators during the pre-trial investigation as one of the main tasks of such an investigation, in particular to identify the causes and conditions that contributed to criminal offenses and take necessary and effective measures to eliminate them through the appropriate agencies and their chiefs, which is offered to be enshrined in the current Criminal Procedural Code of Ukraine and the departmental regulatory base.

scholarly journals Criminology Study Of Crime Of Fencing The Stolen Goods

2020 ◽  
Vol 3 (1) ◽  
pp. 185
Author(s):  
Supriyono Supriyono
Keyword(s):  
Field Observation ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Criminal Code ◽  
Point Of View ◽  
Literature Study ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Stolen Goods

Criminal offense is regulated in Article 480 of the Criminal Code, Article 481 and 482 of the Criminal Code. Criminal detention is an act that is prohibited by law, because detention is obtained from crime. Criminology perspective plays an important role in studying fencing acts as a form of criminal action by looking at the elements inherent in criminal acts of detention. The formulation of the problem in this research is how Criminology review in the criminal act of holding stolen goods? In this study the authors used a normative juridical method with research specifications in the form of descriptive analysis. The data used for this research are primary and secondary data taken by field observation, interviews, and literature study. Based on the research, it can be concluded that the criminology point of view shows legal efforts for the crime in the form of composing legislation (criminalization process) in the form of legal products in the laws governing criminal offenses stipulated in Criminal Code Article 480-482, in the scope of criminology as criminal etiology in criminal offenses namely internal and external factors.Keywords: Criminology; Criminal Offense; Stolen Goods.

scholarly journals Medical Malpractice as a Separate Criminal Offense: a Higher Degree of Patient Protection or Merely a Sword Above the Doctors' Heads? The Example of the Croatian Legislative Model and the Experiences of its Implementation

2019 ◽  
Vol 12 (2) ◽  
pp. 39-60
Author(s):  
Igor Vuletić
Keyword(s):  
Medical Malpractice ◽  
Case Law ◽  
Legal Certainty ◽  
Criminal Offense ◽  
Degree Of Protection ◽  
Bodily Injury ◽  
Judicial Practice ◽  
Patient Protection ◽  
Criminal Offenses ◽  
Legislative Model

A comparative overview of the criminalisation of medical errors in Europe shows that this in principle is approached in two ways. Under the first approach, such errors are incriminated through the general regime for criminal offenses, such as bodily injury or causing death by negligence. The second approach, adopted in a smaller number of countries, prescribes it as a separate criminal offense (as medical malpractice). Croatian law is a typical example of the second model, which has given rise to discussions in Croatian scholarly circles about the abandonment of such a model. The author analyses the Croatian legislative solution and its realisation in judicial practice, and based on this analysis, through the presentation of noteworthy case law, provides conclusions on whether or not the Croatian legislative solution indeed provides a higher degree of protection of the health of patients and a higher level of legal certainty.

scholarly journals Essence and system of forensic description of mass rebellions

2020 ◽  
Vol 3 (3) ◽  
pp. 276-281
Author(s):  
Anton Lisnyak
Keyword(s):  
Police Officers ◽  
Practical Application ◽  
Criminal Offense ◽  
Stable Element ◽  
Criminal Offenses ◽  
Real Value ◽  
The Subject ◽  
Investigation Process ◽  
Selection Of

The article covers some aspects of the investigation of mass riots. The essence and system of forensic characterization of the specified actions for their faster and more effective investigation are considered. It is noted that a criminal offense has a large number of characteristics, which in criminology are systematized in such a scientific category as «forensic characteristics». For half a century the criminological characteristic has entered into a technique of investigation of criminal offenses as a stable element. With regard to mass riots, it should be emphasized that the investigation of these acts has important features, which, inter alia, are related to the study of a certain category. The position of the authors is supported, who believe that for police officers who are directly in-volved in the investigation, the most important thing is the practical application of a tool that will help in the investigation process. That is, the real value of the forensic characterization of a particular type of crime is the possibility of its practical application, the ability to resolve certain issues in view of it and, of course, the ability to make it to investigate certain categories of crimes faster and more efficient. At the same time, the use of such an information system requires in each case to identify a key element through which you can make a «login» to the system in order to obtain the necessary information. The selection of a key element for a particular case depends on the investigative situation at this stage of the investigation. The author concludes that a forensic characterization is a system of information about forensically significant features of criminally punishable acts of a certain type, which reflects the legitimate links between them and serves to build and verify investigative versions during their investigation. The system of forensic characteristics of mass riots includes the following elements: the method of committing a criminal offense; the situation of mass riots; the subject of the criminal act; traces of the offense; the identity of the victim; the identity of the offender. Keywords: mass riots, organization, tactics, investigative (search) actions, forensic description.

scholarly journals CRIMINALISTIC METHODICS IN THE SYSTEM OF CRIMINALISTIC THEORY

2019 ◽  
Vol 19 (1) ◽  
pp. 58-73
Author(s):  
V. Terehovich ◽  
T. Nimande
Keyword(s):  
Criminal Law ◽  
Cognitive Activity ◽  
Social Knowledge ◽  
Criminal Investigation ◽  
Criminal Offense ◽  
Types Of Knowledge ◽  
Criminal Offenses ◽  
Material Reality ◽  
Investigation Technique ◽  
Necessary And Sufficient

The term “criminal investigation technique” has two meanings in the scope of Theory of Criminalistics. The first meaning of the term is used for disclosure of one of regulatory means in Criminalistics cognition - criminal investigation technique cognition. This meaning of Criminalistics technique is disclosing in the limits of structure of the process of Criminalistics cognition. The second meaning of the term “Criminalistics technique” is disclosing in the limits of description of the system of cognitive activity in the sphere of applying criminal law. During disclosure of the second meaning of the term “Criminalistics technique” we are pointing out that, first of all, it is the system of knowledge, used for organization of investigation of the event of criminal offense, id est, knowledge necessary and sufficient for getting new knowledge about the event of criminal offense. Knowledge acquired and used during applying criminal law in Latvia is knowledge of substantiate but not of faith nature. This knowledge is collective (sociable) knowledge and manifests itself during rationalization of investigation of the event of criminal offense. Personal knowledge manifests itself only during the stage of optimization of investigation of the event of criminal offense. It is necessary to differentiate knowledge about criminal offense as knowledge about theoretical construction in criminal law and knowledge about the event of criminal offense as knowledge about phenomenon of fragment of material reality, which is evaluated as criminal offence. Knowledge about criminal offense (about corpus delicti) and linked circumstances as theoretical constructions in criminal law is collective (common, social) knowledge. This knowledge is gained by the person investigating the event of the criminal act in the course of long legal education. Knowledge about the event of criminal offense is got during another cognition activity - investigation (cognition) of specific event of criminal offense. This knowledge is domain for other people, id est, collective (common, social) knowledge and it is fixed in the materials of criminal case. Theoretical knowledge, necessary for reasonable process of investigation of the event of criminal offense, encloses two types of knowledge (primary and guiding) about rationalization of the activity. Criminalistics techniques (system of knowledge about organization of Criminalistics activity) as subbranch of Criminalistics theory is fulfilling methodological function for developing of techniques for organization of investigation of separate types of criminal offenses. Keywords: Criminalistics theory, criminalistics techniques, organization of investigation of the event of criminal offense.

Individual psychological characteristics of employees of criminal investigation departments in transport due to the risk of professional deformation

2020 ◽  
Vol 2020 (4) ◽  
pp. 220-230
Author(s):  
Yuliya Novikova ◽  
Alexander Shakhmatov ◽  
Maria Salyah
Keyword(s):  
Police Officers ◽  
Social Intelligence ◽  
Federal District ◽  
Psychological Characteristics ◽  
Criminal Investigation ◽  
Professional Burnout ◽  
The North ◽  
The Individual ◽  
North Western ◽  
Learn Behavior

The relevance of the study of individual psychological characteristics of employees of criminal investigation departments in transport in the North-Western Federal district of the Ministry of Internal Affairs of Russia (hereinafter referred to as the NWFD) in relation to indicators of professional deformation is due to the specific features of their official activities. Despite a significant amount of research on the phenomenon of professional deformity of police officers, there are few thoroughly developed and completed works on the prevention of professional deformities of police officers. The purpose of our research was to study the individual psychological characteristics of employees of criminal investigation departments in connection with the risk of professional deformation. The results of the empirical study were processed by correlation and factor analysis (49 parameters). The results of the initial analysis showed that the overall assessment of job satisfaction among employees of the studied departments is average with a downward trend. The results of the study on «professional burnout» revealed that a number of employees surveyed are close to emotional exhaustion. It is established that empathic abilities, social intelligence, and constructive coping strategies play an important role in the structure of individual psychological characteristics of police officers. Low ability of employees to learn behavior determines non-constructive strategies and models for coping with stressful situations, which leads to deformation of relationships with other people, i.e. to professional deformation. The obtained data can be used as the basis for the program of psychoprophylaxis of professional deformation of criminal investigation units in transport in the northwestern Federal district.

Cops and COVID: an examination of California officers' perceptions and experiences while policing during a pandemic

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
John Shjarback ◽  
Obed Magny
Keyword(s):  
Police Officers ◽  
Online Survey ◽  
Ordinary Least Squares ◽  
Point Of View ◽  
Policy Implications ◽  
Organizational Level ◽  
Sensitive Information ◽  
Content Type ◽  
Police Agencies ◽  
Police Executives

PurposeUsing online survey data from a sample of 440 police officers in California throughout May 2020, the current study collected time-sensitive information on officers' perceptions and departmental experiences in the wake of the pandemic. It examined officers' perceptions of agency responsivity as well as their perceptions of morale, stress and risk following agency responses and changes in policy patterns, service delivery innovations and other administrative challenges.Design/methodology/approachCOVID-19 had a tremendous impact on the law enforcement community, who continued to work and adapt in order to provide public safety. During the first few months of the pandemic, a number of national data collection efforts set out to understand what police agencies, at the organizational-level, were doing to address the crisis. Largely missing from these initial discussions were the perspectives of individual officers, particularly how they felt about their respective departments ensuring safety and balancing risk.FindingsResults from ordinary least squares (OLS) regressions found that the number of departmental changes made in the wake of COVID-19 that reduced police–public contact was associated with (1) increased levels of perceived agency responsivity to officer needs (i.e. balancing officer safety, taking active steps to maintain officers' mental health) and (2) reduced levels of perceived negative outlook (e.g. stress, low morale, danger/risk). Policy implications and the importance of police executives' decisions during crisis are discussed.Originality/valueThis study is one of the first, to the authors’ knowledge, to examine perceptions of policing during the pandemic from an individual officer point of view rather than an organizational standpoint.

ANALYSIS AGAINST ARREST SUSPECT IN POLICE REGULATION NO. 14 YEAR 2012 ON THE CRIME INVESTIGATION MANAGEMENT (CASE STUDY IN NORTH BOGOR POLICE)

2015 ◽  
Vol 1 (2) ◽  
pp. 76-92
Author(s):  
Dadang Suprijatna ◽  
Indralis Wardana ◽  
Fahrul Siregar
Keyword(s):  
Police Officers ◽  
Preliminary Evidence ◽  
Criminal Offense ◽  
Arrest Warrant ◽  
The Public ◽  
The North ◽  
The Republic ◽  
Search For Information ◽  
Management Case Study

ABSTRACTThe method used in this thesis is a normative juridical research that is the approach that uses the concept of positive legality which states that the law is identical with the norms made written and enacted by institutions or authorities. In addition this concept also saw law as a normative system that is autonomous, closed and detached from public life. For the purposes of the investigation, investigators at the behest of investigators authorized to make arrests also for the sake of the investigation, the investigator and the investigator maid authorities make arrests. Arrest order made against a person who alleged a criminal offense based on sufficient preliminary evidence. Execution of tasks arrests were made by police officers of the Republic of Indonesia by taking into account the Letter of Assignment and gives an arrest warrant that lists the suspect's identity and mentions the reason for arrest and brief descriptions of crimes that presupposed and place in check, in which case caught arrests made without warrants, provided that the catcher should be immediately handed caught and existing evidence to the investigator or the investigator's closest aides, ransom arrest warrant should be given to the family immediately after the arrest is done, can be done for a maximum of one day. The conclusion of this study are 1) The arrest of the perpetrators of the process by members of the police force North Bogor Police first is the start of the search for information, arrest / raids, searches of perpetrators, confiscation of evidence to facilitate the examination of the offender. 2) Barriers experienced by members of the North Bogor Police in the execution of the arrest of a criminal offense (a) Lack of cooperation between the police (investigators) to the public; (b) Perpetrators of the crime of removing traces of the crime; (c) Limited facilities and prasarana.yang owned by North Bogor Police; (d) .Terbatasnya human resources (police) to uncover a crime. 3) Efforts by the North Bogor Police to overcome the obstacles in the process of the arrest of perpetrators of criminal acts as follows: (a) Fix yourself to socialize paradigm shift to community policing. (b) Provide an opportunity for the whole society to provide input to the North Bogor Police. (c) Guidance personnel are able to provide persuasive measures. (d) Propose to the City Police Bogor on procurement operational support facilities.

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