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.

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.

A SIGNIFICANT THREAT TO OTHER INTERESTS AS A CRITERION FOR SUBSTANTIAL HARM AT CRIMINAL LAW

2019 ◽  
Vol 4 (85) ◽  
pp. 23
Author(s):  
Jurijs Lomonovskis
Keyword(s):  
Criminal Law ◽  
Historical Development ◽  
Direct Object ◽  
Legal Doctrine ◽  
Criminal Offense ◽  
Basic Composition ◽  
Criminal Offenses ◽  
Additional Object ◽  
Court Practice

The aim of the article “A significant threat to other interests as a criterion for substantial harm at criminal law” is to examine the problems of understanding the concept of “substantial harm” in criminal law; to analyse whether the “significant threat to other interests” component of substantial harm is properly understood in practice. The lack of understanding of the concept determines the topicality of the article. To reach the goal of the article, such tasks are solved: 1. to consider the historical development of a law framework of “substantial harm”; 2. to get acquainted with the types of substantial harm in criminal law; 3. to compare the court practice with the basic legal doctrine; 4. to make a statement about the content of the concept of “significant threat to other interests” both in the framework of basic and qualifying criminal offenses. The article consists of 5 parts: introduction, understanding concept of other interests protected by law, connection of other interests protected by law with the direct object of the criminal offense, threat of other interests protected by law as qualifying attribute, conclusions. The novelty of the article is related to the lack of research into substantial harm problems in criminal law. The conclusions of the article are about court practice does not correspond to the basic of legal doctrine. In the conclusion of the article, the author expresses the thesis for basic composition of criminal offense: substantially harmed interests are those in the direct object of the criminal offense; as well as those included in additional objects, if specifically designated by the legislator. Regarding the determination of interests in qualifying composition of a criminal offense, the author of the article expresses the following http://dx.doi.org/10.17770/acj.v4i85.3673 thesis: substantial harm as a characteristic of the composition of a qualified criminal offense indicates the threat of an additional object of a criminal offense.

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 Consent in criminal offences against sexual freedom and sexual inviolability of a person

2021 ◽  
pp. 15-17
Author(s):  
Tetiana ZAVHORODNIA
Keyword(s):  
Sexual Violence ◽  
Sexual Intercourse ◽  
Violence Against Women ◽  
Criminal Law ◽  
Criminal Code ◽  
Sexual Freedom ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Voluntary Consent

Introduction. Combating sexual violence still remains one of the most important issues arisen in criminal law study. It should be noted that Istanbul Convention on preventing and combating violence against women and domestic violence is still not ratified by Ukraine, which shall facilitate quality of criminal law concerning criminal offences against sexual freedom and sexual inviolability of a person. The purpose of the paper is to define meaning and content of consent in criminal offenses against sexual freedom and sexual inviolability of a person provided for in Section IV of the Criminal Code of Ukraine. Results. The paper establishes that lack of consent is a constructive sign of rape (article 152 of the Criminal Code), sexual violence (article 153 of the Criminal Code) and coercion to have sexual intercourse (article 154 of the Criminal Code). The ways of solving arisen problems during the qualification of situations in which a person mistakenly believes that consent was given, as well as when consent was not given explicitly, have been determined. It is recommended to clarify the content of "voluntary consent" by indicating in the note to Article 152 of the Criminal Code, actions which shall not indicate voluntariness of consent. The paper notes that using the collocation "without voluntary consent" is superfluous in Articles 153 and 154 of the Criminal Code, since "coercion" and "violence" also indicate absence of voluntary consent. It has been established that consent is a distinguishing feature of a criminal offense provided for in Article 155 of the Criminal Code from Articles 152 and 153 of the Criminal Code, thus sexual intercourse with a person from 14 to 16 years with her consent indicates the commission of a criminal offense under Art. 155 of the Criminal Code. It is proposed to supplement Article 155 of the Criminal Code with the clause “in the absence of signs of criminal offenses under Art. 152 and art. 153 of the Criminal Code”. Conclusion. The paper provides that consent shall be both constructive and distinguishing feature of criminal offences against sexual freedom and sexual inviolability. Several problems of consent in such crimes are defined as well as ways of their solution.

scholarly journals THEORETICAL ASPECTS OF SEPARATE (UNITARY) CRIMINAL OFFENCES

2017 ◽  
Vol 3 (80) ◽  
pp. 24
Author(s):  
Uldis Krastiņš
Keyword(s):  
Criminal Law ◽  
Criminal Offense ◽  
Criminal Offenses

The article analyses the aspects of the understanding of separate (unitary) criminal offense. Under Section 23 of the Criminal Law, separate (unitary) criminal offenses can be subdivided into simple and complex unitary criminal offenses. Particular attention is paid to the analysis of complex criminal offenses, such as constituent criminal offenses, continuous and continuing criminal offences. The criteria for the delimitation of complex offenses from conceptual aggregation and factual aggregation of criminal offenses are also considered.

CONSIDERING SENTENCE FOR PREDICATE OFFENSE

2021 ◽  
pp. 111-122
Author(s):  
PREDRAG VULEVIĆ
Keyword(s):  
Real Time ◽  
Criminal Law ◽  
Case Law ◽  
Previous Measurement ◽  
Criminal Proceedings ◽  
Time Intervals ◽  
Criminal Offense ◽  
Whole Process ◽  
Criminal Offenses ◽  
Made In

The process of sentencing means individualization and customization types and extent of sentencing the crime and its perpetrator. In that way, the purpose of criminal law, which consists in the last defense of the society from crime, is best realized. The whole process of keeping the pre-trial and criminal proceedings has the ultimate goal of sentencing the defendant. Furthermore, the procedure of execution of the sentence is based on its previous measurement and adjustment of the personality of the convicted person. Hence, the case law abounds with examples in which an inadequately measured sentence has called into question the criminal procedure itself and the defensive function of criminal law in the society. The issue of sentencing in modern criminal law has been resolved in accordance with modern trends in the field of punishing perpetrators of criminal offenses. Therefore, we can distinguish between regular sentencing, which means that the perpetrator goes to court for one criminal offense. However, in court practice, it is not uncommon for the perpetrator to go to court due to multiple predicate offenses made in ideal or real time. In this case, special sentencing rules apply, which take into account the fact that several criminal offenses are tried at the same time. In criminal doctrine, there are several modalities of sentencing for predicate offenses. Their number varied in different time intervals. Our legislator has incorporated into its norms three ways of sentencing for predicate offenses. These are the systems: absorptions, asperations, and cumulations. In this paper, we will point out the advantages, disadvantages and applicability of each of these systems that sentencing predicate offenses.

scholarly journals Critical analysis of the object of the crime as an element of the corpus delicti

2021 ◽  
Vol 2021 (1) ◽  
pp. 104-109
Author(s):  
Sergey Veklenko ◽  
Igor' Semchenkov
Keyword(s):  
Criminal Law ◽  
Social System ◽  
Critical Analysis ◽  
Group Formation ◽  
Public Order ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
External Objects ◽  
Internal Goods ◽  
Constituent Elements

The article provides evidence of the groundlessness of recognizing the object of a crime as an element of the corpus delicti. The substantiation of this conclusion in relation to such types of criminal offenses as preparation for a crime, attempted crime, incitement to a crime, aiding in a crime and the act of the organizer of a criminal offense is carried out by demonstrating that they do not even come into contact with the object of the crime and don’t have a direct impact on it. The proof that the object of the crime is not an integral part of the criminal act, expressed in causing harm, is carried out in two directions - in relation to crimes that harm the internal benefits of a person, for example, his life or health, and in relation to crimes that harm external benefits of people recognized as objects of criminal law protection, in particular, such as public order, public safety, etc. It is shown that the object of a crime in the form of a person’s internal goods cannot be a constituent part of a crime because these benefits are inside of their owner, and he himself is an element of some social group formation (social system), but not an element of a crime committed against him. The argument that external objects of a crime are not an integral part of a crime is based on the results of a detailed analysis of the process of causing harm. The results of such an analysis, carried out using the categories of the part and the whole, demonstrate the fundamental impossibility of isolating any constituent elements (parts) in the process of causing harm. In this process, it is possible to single out only certain of its phases and stages, but not its component parts.

scholarly journals Criminal Autonomy and Specificity of International Trafficking in Human Being // Krivičnopravna autonomnost i specifičnosti krivičnog djela međunarodna trgovina ljudima

2019 ◽  
Vol 9 (9) ◽  
pp. 201
Author(s):  
Sadmir Karović ◽  
Marina M. Simović
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
National Level ◽  
Human Beings ◽  
Criminal Offense ◽  
Legal Documents ◽  
Criminal Offenses ◽  
International Human ◽  
International Trafficking ◽  
Different Levels

In this paper, the authors referred to criminal autonomy and certain specificities of the crime of international trafficking in human beings, as well as the differentiation of the said criminal offense in relation to other related criminal offenses. This criminal offense is often unnecessarily identified with other related criminal offenses, although by its criminal law it constitutes an autonomous or autonomous criminal offense with clearly prescribed objectively-subjective characteristics. International human trafficking is a complex social legal phenomenon that is not a novelty in society, but its phenomenological manifestations have changed and adapted to certain conditions and circumstances in the phenomenological sense in different periods of history. Also, this paper articulates the complexity of discovering, investigating and proving this criminal offense, taking into account the restrictive legal requirements of the criminal and material nature that determine the actions of the law enforcement entities. It is not disputed that at the international level there is a clear commitment to the efficient and energetic struggle against this criminal offense, and in that sense, numerous international legal documents that form the platform or basis for the creation of national regulations in Bosnia and Herzegovina have been drafted and adopted, appreciating the complex constitutional the structure and existence of different levels of government. However, despite all the efforts at the international and national level, it is evident that international human trafficking is nevertheless a social and legal reality that is present even in economically developed and democratically regulated states, and as such presents a challenge to the present in terms of its criminal-law suppression.

scholarly journals KESAKSIAN PENYIDIK DALAM PEMBUKTIAN PERKARA PIDANA (STUDI KASUS : PUTUSAN NO. 1273/PID.B/2013/PN.JKT.SEL)

2019 ◽  
Vol 1 (2) ◽  
pp. 449
Author(s):  
Ariadi Hanta Wijaya ◽  
Firman Wijaya
Keyword(s):  
Criminal Law ◽  
Civil Servants ◽  
Criminal Investigation ◽  
Criminal Case ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
The Public ◽  
The Core ◽  
Almost All

In the context of criminal law, proof is the core of criminal proceedings because what is sought in criminal law is material truth. Basically, this aspect of proof has actually begun at the stage of criminal investigation. The act of investigation and investigation will be carried out immediately in the event of a criminal offense, the existence of a criminal offense can be known by the officer, with reports, complaints, caught red-handed, or known directly by the officer. So, before an act of investigation is carried out, an investigation is carried out by an investigating official, with the intention and purpose of finding and finding an event that is investigated a criminal event or not, if the investigation results as a criminal event, an investigation can be carried out. or certain civil servants who are authorized to carry out investigations, before the investigator conducts investigations such as making arrests, calling, searching, detaining, confiscating, the investigator must notify the public prosecutor so that the prosecutor can follow his investigation from the beginning, and if deemed necessary to give instructions in order to perfect the investigation. In the murder case with the defendant Andro and Benges, the witnesses presented by the Public Prosecutors in the trial were almost all investigators who examined this case. If only an investigator is present in proving someone guilty or not in a criminal case, of course the investigator will justify what he has done so that his statement becomes not objective.

scholarly journals The Status of Criminal Law in the Order of Implementation of Duties and Authorities of Authorized Land Marker

2020 ◽  
Vol 5 (2) ◽  
pp. 65-69
Author(s):  
Dewa Gede Wibhi Girinatha
Keyword(s):  
Empirical Research ◽  
Criminal Law ◽  
Public Interest ◽  
Criminal Code ◽  
Criminal Offense ◽  
The Public ◽  
Criminal Offenses ◽  
The Status ◽  
Land Titles

The problem discussed in this study is the authority of the land deed maker in making authentic deeds and potential criminal offenses in carrying out the position of the official land deed maker, because it is very important for the officials of the land deed maker in assuming his position to provide services and information about agreements to make land certificates and for the public interest. This study aims to examine the position of criminal law in the order of carrying out the duties and authorities of the official land deed. This study was designed in juridical-empirical research. The result of this research is that the official land deed maker is inseparable from the responsibility of the deed he made and the implementation of the position of Land deed official has the potential to cause a criminal offense. Potential criminal offenses referred to are potential criminal offenses in the implementation of Land Titles Registrar positions in falsifying authentic deeds regulated and threatened with criminal offenses in Article 264 paragraph (1) jo. Article 263 of the Criminal Code. The falsification of the letter is punishable by imprisonment for a maximum of eight years, if it is carried out on authentic deeds in Article 264 paragraph (1) number 1 of the Criminal Code.

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