scholarly journals Situation of crime as an element of forensic description of pimping committed by organized group

2020 ◽  
Vol 1 (1) ◽  
pp. 238-244
Author(s):  
Yevdokiya Buzhdyhanchuk
Keyword(s):  
Crime Scene ◽  
Time Of Day ◽  
The Other ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Broad Concept ◽  
Recreation Centers ◽  
The One ◽  
Full Investigation ◽  
Group 1

The article deals with some aspects of the pimping investigation by an organized group. The crime situation as the element of the criminalistic characteristic of this offence is examined, and its relation with other elements is examined too. The author emphasizes that the crime scene is a broad concept that includes a number of elements that characterize the environment in which a socially dangerous act is committed. They must always identify the time, place and conditions of the crime that are relevant to his full investigation. The crime scene should be investigated from different directions. In particular, on the one hand, as the geographical spread of the investigated criminal offense, on the other - the specific place of its commission. The location of the pimping is part of the event. It contains a large amount of information about the mode of commission of a criminal offense, certain data about the identity of the offender. On the basis of the investigation of materials of criminal proceedings the author has identified the following places of committing pimping by an organized group: 1) recreation establishments (of which: night clubs, cafes, bars, restaurants); 2) weekend or vacation establishments (of which: recreation centers, hotels, "rental" apartments); 3) facilities for sports and wellness (of which: spas, massage rooms, wellness centers); 4) the place of residence of the "client" (of which: apartments, houses, holiday cooperatives); 5) vehicles; 6) other places. It has been noted that the frequency of pimping by an organized group depends on the time of day as follows: about 7% are done in the morning (from 6 to 12 hours); 14% - in the afternoon (from 12 to 18 hours); 42% - in the evening (from 18 to 24 hours); 37% - at night (1 to 6 hours). And according to the criterion of the season, these actions are performed in the summer in 22% of cases; in the fall - 25%; in winter - 21%; in the spring - 32%. Also important are the conditions of the criminal offense under inves-tigation.

The Protection of Human Dignity in Interrogations: May Interrogative Torture Ever Be Tolerated? Reflections in Light of Recent German and Israeli Experiences

2011 ◽  
Vol 44 (1-2) ◽  
pp. 229-262 ◽  
Author(s):  
Miriam Gur-Arye ◽  
Florian Jessberger
Keyword(s):  
War On Terror ◽  
The Other ◽  
Court Ruling ◽  
Criminal Proceedings ◽  
High Court ◽  
Fair Treatment ◽  
Court Of Justice ◽  
The One ◽  
The Individual ◽  
German Court

The issue of whether interrogative torture may ever be tolerated has been discussed explicitly by both the Israeli High Court of Justice and the Frankfurt Regional Court in Germany. The Israeli court ruling related to the use of interrogative torture in the war on terror; the case brought before the German court was one of routine police work. This paper analyzes the two rulings in depth and offers a comparative reading of the rulings. The comparative analysis reveals that, despite some fundamental differences, the Israeli and German rulings should both be seen as an attempt to uphold the ban on torture, on the one hand, and yet to grant fair treatment to an individual interrogator who used, or threatened to use, force in order to save innocent lives, on the other. While determining the lessons to be learned from the German and Israeli experiences, this paper raises doubts as to whether it is possible to keep the ban on torture intact while either excusing the individual interrogator (Israel) or significantly mitigating his punishment (Germany). The paper further suggests that, in order to provide a real barrier against the practice of interrogative torture, the evidence resulting from such interrogations should be inadmissible in any criminal proceedings.

scholarly journals PROCEDURAL STATUS OF A LEGAL REPRESENTATIVE IN THE MODERN RUSSIAN CRIMINAL PROCESS

2021 ◽  
Vol 31 (4) ◽  
pp. 669-673
Author(s):  
L.G. Tatyanina ◽  
E.V. Markovicheva
Keyword(s):  
The Other ◽  
Universal Model ◽  
Legal Representative ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Representation ◽  
Judicial Practice ◽  
The Law ◽  
The One ◽  
Modern Russian

The article reveals the features of the normative consolidation of the procedural status of a legal representative in the Russian criminal process. The authors focus their attention on the problems of investigative and judicial practice related to the shortcomings of the current legislation. The most important issues that need to be addressed as soon as possible have been identified. Particular attention is drawn to the need to resolve problems arising from conflicts between a legitimate representative and a person represented by him/her, which gives rise, on the one hand, to grounds for appealing against decisions made, and on the other, to a conflict between the parties, which may affect their subsequent relationship. The absence of a single rule regulating the rights of legal representatives raises questions in practice about the possibility of their participation in individual investigative and procedural actions, applications, etc. Attention is drawn to the lack of regulation in the law of the duties of a legal representative in criminal proceedings, which creates controversial situations when assessing their behavior, especially when deciding on their removal from participation in the case. The article concludes that it is necessary to develop a single, universal model of legal representation in criminal proceedings.

Suspicion and Charge Statuses in Criminal Remedial Activities

2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Елена Сопнева ◽  
Elena Sopneva
Keyword(s):  
Legal Regulation ◽  
The Other ◽  
Theoretical Development ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Foreign Experience ◽  
Procedural Time ◽  
The One ◽  
The Right

The author analyzes legislative, theoretical and practical levels of suspicion and charge enforcement. The author identifies problems of understanding the concepts of suspicion and charge: during theoretical and legislative classification of these categories the author identifies the absence of sound differences in their essence. The author considers foreign experience in realization of the suspicion and charge statuses in criminal remedial activities. The author comes to the conclusion that on the one hand, the suspicion, due to its procedural demand and importance has the right for independent theoretical development and independent legal regulation and on the other hand, it can be considered as an alternative to charge, since the latter cannot be considered to be the only possible basis for a transfer of a criminal case to a court. The author also accepts the variant when suspicion takes principal procedural time and the charge is defined at the end of criminal proceedings when the case is transferred to a court to be considered on the merits.

scholarly journals Morphologic evaluation of the use of a latex prosthesis in videolaparoscopic inguinoplasty: an experimental study in dogs

2011 ◽  
Vol 26 (suppl 2) ◽  
pp. 84-91 ◽  
Author(s):  
Luiz Henrique de Sousa ◽  
Reginaldo Ceneviva ◽  
Joaquim Coutinho Netto ◽  
Fátima Mrué ◽  
Luiz Henrique de Sousa Filho ◽  
...  
Keyword(s):  
Healing Process ◽  
The Other ◽  
Inguinal Region ◽  
Control Group ◽  
Collagen Deposition ◽  
Morphological Aspects ◽  
The One ◽  
The Right ◽  
Separate Material ◽  
Group 1

PURPOSE: To evaluate the morphological aspects of the behavior of 4 types of latex biomembranes implanted in preperitoneal videolaparoscopic inguinoplasty. METHODS: Sixteen inguinoplasties were performed in 12 dogs: group 1 received an impermeable latex biomembrane in the right inguinal region and a prolene prosthesis, as control, in the contralateral inguinal region; groups 2, 3 and 4 received latex biomembranes respectively containing impermeable polyamide, 1-mm thick porous polyamide and 0.5-mm thick porous polyamide. Macro- and microscopic evaluations of the inguinal region and of the removed implants were made on the 7th, 14th, 21st and 28th days in group 1 and on the 28th postoperative day in the other groups. RESULTS: We observed absence of hematoma, seroma and infection; presence of tortuosities; induction of vascular neoformation, inflammatory reaction and collagen deposition, and full encystment of the latex biomembranes, except that with fine porous polyamide, which was partially incorporated, with the formation of microcysts. No latex biomembrane induced fibrosis as observed in the prolene control group. CONCLUSIONS: The biomembranes maintain induction of the healing process without fibrosis, are fully encysted and, except for the one with fine porous polyamide, are not incorporated into adjacent tissues. The latex biomembrane, with or without polyamide, is not recommended as a separate material for preperitoneal inguinoplasty.

scholarly journals PROBLEMATIC ASPECTS OF DETECTION AND REMOVAL OF TRACES OF BIOLOGICAL ORIGIN (BLOOD), CRIME SCENE WHEN INSPECTING THE SCENE

2017 ◽  
Vol 21 (5) ◽  
pp. 185-195
Author(s):  
A. A. Baiburin ◽  
O. Y. Loktionova
Keyword(s):  
Crime Scene ◽  
External Factors ◽  
The Other ◽  
Practical Application ◽  
Biological Origin ◽  
Probative Value ◽  
Improve Production Technology ◽  
Technical Properties ◽  
The One ◽  
Inspection Of The Scene

Traces of biological origin, and in particular the traces of blood "most of the other evidence,” becoming in fact significant and important probative value. In accordance with longstanding practice, their value and functionality of every year repeatedly grows. As is known, the search of micro-objects of biological origin "traces of blood”, is part of the inspection of the scene, taking into consideration the number of certain kinds of features in working with similar biological traces. It is obvious that the specialists in the expert departments are experiencing a number of difficulties in doeks to expert examination-the examination of microscopic objects of biological origin, since they do not have on the one hand, appropriate technical means used during the inspection of the traces at the scene, and on the other hand appropriate external factors. In this article we consider the basic problems arising in the process of detection and removal of traces of biological origin and, in particular traces of blood. Keeping pace with time, we improve production technology, make innovation of technology, improve the technical properties of the devices and thereby improve processes in many areas. The theme of the article is dedicated to in particular, the problem of the improvement and modernisation of technical and criminalistic basis in the process of detecting traces of blood. That is, we want this article, give the soil and the basis for the creation and practical application of this forensic technique that would be called a specialist expert units, on the scene, without difficulty, to detect and removed the traces of biological origin, and in particular traces of blood.

scholarly journals Cheating in chess: a call for an integrated disciplinary regulation

2020 ◽  
Vol 8 ◽  
pp. 57-83
Author(s):  
Salomėja Zaksaitė
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The Other ◽  
Computer Assisted ◽  
Sports Law ◽  
Legal Research ◽  
Other Hand ◽  
Broad Concept ◽  
The One

This article examines recent regulation in the sport of chess with a focus on cheating. On the one hand, disciplinary law in chess could be considered relatively underdeveloped compared with other sports. On the other hand, however, this kind of ‘underdevelopment’ might be appropriate since chess governing bodies have not yet introduced interventionist rules. These two interacting perspectives shape the aim and the objectives of legal research designed to protect the chess community from cheating by suggesting adequate disciplinary measures. The analysis focuses mainly on two forms of cheating: computer-assisted cheating and match-fixing. The broad concept of cheating and relatively young legal regulation in an under-researched sport call for interdisciplinary analysis, therefore, knowledge of sports law, human rights as well as criminology is applied.

Some water and dry-matter relationships in the food and droppings of laying hens

1958 ◽  
Vol 51 (2) ◽  
pp. 237-242 ◽  
Author(s):  
C. Tyler
Keyword(s):  
Water Intake ◽  
Dry Matter ◽  
Laying Hens ◽  
Time Of Day ◽  
The Other ◽  
Typical Pattern ◽  
Water Excretion ◽  
Water Output ◽  
The One ◽  
Metabolic Water

1. An experiment with one non-laying and four laying hens was carried out. Food and water consumption was measured hourly from 06.00 to 22.00 hr. and in the same period the exact time of each excretion was noted. Determinations of water and dry matter were made on each separate excretion.2. Each bird showed a typical pattern of behaviour in relation to the time of day when it ate food and drank water. For any one bird, variations of this pattern from day to day were small.3. For each bird there was a highly significant relationship between water intake and temperature on the one hand, and water excretion via droppings and eggs on the other. Water intake, however, had a far greater influence than had temperature on water output.4. Calculations showed that, despite errors caused by not knowing the amount of metabolic water produced, the excretion from the lungs varied greatly from bird to bird on constant intakes of water and also in the same bird at different intakes.

scholarly journals Waffengleichheit im Vorverfahren

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.

scholarly journals CRIMINALISTICS - FORENSIC PROCESSING OF THE PLACE OF A CRIMINAL EVENT

2021 ◽  
pp. 77-89
Author(s):  
ŽELJKO NINČIĆ
Keyword(s):  
Criminal Activity ◽  
Crime Scene ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Different Types ◽  
Cover Up

Every person who commits a criminal offense tries both to cover up his criminal activity and to remove traces at the place of execution that would be incriminating for him and could bring him in connection with the criminal offense. However, despite such efforts the place where a certain criminal event took place, in most cases is a place where it is possible to find different types of traces and objects related to the crime. Most of these traces and objects, often have their origin and are related to a specific crime. However, traces and objects can be found that are not related to the specific crime and perpetrator or have some remote connection but are not crucial for its elucidation. Resolving such a dilemma implies determining the relevant relationship between the traces and objects found at the scene of the criminal event and the criminal act and its perpetrator. In that case, criminal (forensic) processing of the crime scene is an activity that is crucial for establishing legally relevant facts and for the success of criminal proceedings. The paper discusses the specifics of criminal – forensic processing of the crime scene. The existence of different types of traces at the crime scene is pointed out and the importance of their finding, fixing, interpretation and packaging is emphasized. Special emphasis is placed on the need to determine the causal consequential links between the traces and objects found and the specific criminal offense and the perpetrator, i.e., their probative credibility in the context of the outcome of the criminal proceedings.

scholarly journals Juvenile justice: certain aspects of its understanding

2021 ◽  
pp. 274-278
Author(s):  
N.I. Ustrytsʹka ◽  
Z.F. Dilʹna
Keyword(s):  
Juvenile Justice ◽  
Social Protection ◽  
Child Victims ◽  
Criminal Proceedings ◽  
Public Authorities ◽  
Criminal Offense ◽  
The Law ◽  
Rights And Interests ◽  
The One ◽  
Definition Of

The article is devoted to the concept of justice for children. Doctrinal provisions on the understanding of juvenile justice in a broad and narrow aspect are considered. It has been studied that juvenile justice will make it possible to create the best environment for children, to protect their rights and interests. It has been established that juvenile justice covers children on the one hand, and an extensive system of public authorities on the other, whose functional duty is to protect and ensure the rights and interests of children. It is considered that juvenile justice covers a certain category of persons under the age of 18, namely children (minors and minors) who are at risk or in conflict with the law, as well as children in contact with the law - child victims of delinquency. , children witnesses of a criminal offense. Equally important is ensuring the rights and interests of children in need of state protection and support. It is investigated that the subject of justice for children are bodies and services whose activities are aimed at protecting and ensuring the rights of children, special institutions and institutions of social protection for children. An important role is given to the improvement of law enforcement and judicial systems in the aspect of juvenile justice. It is emphasized that the effective functioning of juvenile justice requires the interaction and coordination of its subjects. Therefore, it is necessary that the system of subjects of justice for children be clear with the definition of the competence of each of the subjects, stable, and have a coordinating center. It has been established that the system of juvenile justice subjects needs further reform. First of all, this concerns the problems of reforming the child-friendly justice system. After all, today the specialization of judges authorized to conduct criminal proceedings against minors can be considered only as additional functional powers. It is also noted that the institute of juvenile prosecutor's office is at the stage of formation and formation taking into account its functions and tasks.

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