scholarly journals FEATURES OF INVESTIGATION OF IMPROPER PERFORMANCE OF PROFESSIONAL DUTIES BY MEDICAL AND PHARMACEUTICAL WORKERS

2020 ◽  
pp. 290-298
Author(s):  
K. Yanishevska
Keyword(s):  
Higher Education ◽  
Law Enforcement ◽  
Evidence Base ◽  
Medical Professional ◽  
Document Management ◽  
Primary Data ◽  
Medical Law ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Criminal Offenses

The article is devoted to current issues and features of the investigation of improper performance of professional duties by a medical or pharmaceutical worker. Since recently the sphere of medical care has been increasingly suffering from a large number of criminal attacks, and the results of the investigation and evidence of guilt of the subjects of the crime require higher results, it would be appropriate to pay attention to the problems that law enforcement agencies today have to investigate this category criminal assaults. The main proposals regarding the investigation process of the improper performance of professional duties by medical workers are indicated. The article analyzes statistical data that record a sufficiently large number of these criminal offenses, but the results of the consideration of these cases are imperfect. This is due to the complexity of the investigation of this category of cases, in particular their latency, insufficient evidence base, caused by the possibility of concealment or distortion of facts, etc. To ensure an objective review of the case, namely, for the reliability and completeness of medical data, based on which the evidence base is built, it is proposed to use an electronic healthcare system, in particular, an electronic document management system, which, due to modern technologies for recording primary data, could eliminate the possibility of destruction of evidence (medical certificates, test results, medical history, etc.) and their further falsification. To solve the problem of the lack of a methodology for investigating the improper fulfillment of professional duties by a medical or pharmaceutical worker, it is proposed to develop forensic issues regarding both the tactics of investigative actions and other aspects of the investigation of these criminal cases. It is also proposed in the article to involve a doctor as a specialist in the interrogation of a medical professional, as he or she can formulate (with the permission of the investigator) those questions, the answers to which will give the necessary information to the experts who will subsequently conduct the examination. Attention is also drawn to the fact that investigating crimes committed by healthcare professionals requires special competence and special training for investigators. Today, such discipline as Medical Law is taught only in some institutions of higher education in the training of specialists in specialty 081 Law, not to mention the educational program for bachelors or masters with the same name. Despite this, it would be appropriate in higher education institutions conducting training for law enforcement personnel to introduce the discipline Medical Law, and for the most investigators investigating medical crimes, introduce an advanced training courses, trainings, online conferences that provided students with deeper knowledge about the features of the organization of the investigation of improper performance of professional duties by a medical or pharmaceutical worker.

Holding certain types of legal expertise in criminal cases related to illegal forestry

2015 ◽  
Vol 9 (1) ◽  
pp. 3-13
Author(s):  
Марина Булгакова ◽  
Marina Bulgakova
Keyword(s):  
Law Enforcement ◽  
Evidence Base ◽  
Economic Security ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Forest Law ◽  
The Russian Empire ◽  
High Level ◽  
Xix Century ◽  
Legal Expertise

The article highlights the problem of illegal logging of forest plantations in Russia, the scientific and procedural component of the systematic work of the various organizations and agencies to develop mechanisms for combating crime in the forest industry, representing the author´s vision of a separate investigation of the type of environmental crime under the economic security of the state. The author notes that a variety of disorders related to forest management are not new types of offenses in the country. Even in the XIX century, the Russian Empire basic directions of state activity to prevent violations of forest law were enshrined in the Charter of the Forest, which listed offenses and crimes and defined punishment for their commission. The annual growth in the number of offenses detected by law enforcement agencies in terms of violations of forest law, entails the need to create the most effective ways to detect, capture and examinate evidence. In this examination of the scene, primary investigative actions must be paid special attention. It is, in our opinion, should be done at a high level, carefully and accurately, which would continue to form the evidence base to carry out a sufficient number of different examinations, including forensic botanical using dendrochronology methods. The conclusion of the forensic botanical examination may serve as confirmation of the legality of timber, as well as a means of quality control of products of wood.

KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Indigenous People ◽  
Criminal Case ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Participation ◽  
Criminal Offenses ◽  
Differences Of Opinion ◽  
Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

scholarly journals Investigations using digital technology

2020 ◽  
Vol 217 ◽  
pp. 06015
Author(s):  
N.G. Shuruhnov ◽  
I.V. Voevodina ◽  
S.V. Stroilov ◽  
E.A. Maslennikova
Keyword(s):  
Law Enforcement ◽  
Digital Technology ◽  
Case Law ◽  
Evidence Base ◽  
Successful Completion ◽  
Important Goal ◽  
Law Enforcement Agencies ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Court Proceedings

Despite the fact that activities of authorized persons in during urgent investigative actions are episodic, the absence of responsibility for successful completion of investigation is unacceptable. In this case, law enforcement agencies are fulfilling a single socially important goal, and this should be realized by the relevant officials. Regarding the dynamics of accumulation of information during the investigation of a crime, it should be noted that during urgent investigative actions, an initial array of evidentiary information is formed, which is the result of transformation of initial background knowledge of relevant official regarding what happened under the influence of information obtained by investigative and operational means. The Criminal Procedure Law contains requirements both for the mechanical accumulation of a certain amount of evidence highlighting certain circumstances included in the subject of proof, and for their compliance with strictly established requirements. We are talking about the reliability, sufficiency, relevance and admissibility of evidence, which actually determine the possibility of ultimately using this information in deciding whether a person is guilty or innocent of committing a crime. The required amount of evidence that meets the requirements of reliability and sufficiency ensures the reliability of the evidence base in a criminal case. The evidence obtained should be assessed in the aggregate on the basis of the inner conviction of the person carrying out urgent investigative actions. Their use in the production of further investigation, in the course of court proceedings, depends on how procedurally correct evidence will be collected by the bodies of inquiry during the production of urgent investigative actions.

scholarly journals Application of Criminal Penalties in Child Protection Law in the State Court Of Ngawi

2020 ◽  
Vol 2 (4) ◽  
pp. 571
Author(s):  
Sulistyo Utomo ◽  
Ira Alia Maerani
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Secondary Data ◽  
Primary Data ◽  
State Court ◽  
Criminal Cases ◽  
Analysis Techniques ◽  
Survey Results ◽  
Criminal Penalties ◽  
Data Collection Technique

This research aims to identify and analyze the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia and analyze the effectiveness of criminal fines when viewed from the perspective of children as victims of crime.Method used is socio-juridical using primary and secondary data. Primary data collection technique is done with the interview, and secondary data by reading, reviewing and analyzing primary legal materials, secondary legal materials, tertiary legal materials with qualitative analysis techniques, interpreted logically and systematically and drawn conclusions.Based on the survey results revealed that the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia criminal fines in criminal prospects are just as an alternative or substitute for imprisonment or confinement. And effectiveness this penalty has not run optimally because the defendant would prefer to replace the criminal penalties to imprisonment.The conclusion of this thesis is that the implementation or execution of criminal penalties in Indonesia have not been effective or not maximized because law enforcement or judges tend to prefer the imprisonment of the criminal finesKeywords: Criminal Fines; Criminal Prison; Children.

scholarly journals Conceptual problems of investigation and prevention of enforced disappearance of persons in the conditions of armed aggression

2021 ◽  
Vol 39 (69) ◽  
pp. 60-73
Author(s):  
Dmytro Mirkovets ◽  
Volodymyr Atamanchuk ◽  
Sergii Marko ◽  
Irina Dubivka ◽  
Antonina Matsola
Keyword(s):  
Law Enforcement ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
General Scientific ◽  
Points Of View ◽  
Conceptual Problems ◽  
Systemic Problems ◽  
The Right ◽  
Southern Ukraine

The article highlights the results of a study of the situation with official investigations into criminal offenses related to the enforced disappearance of persons in the context of armed aggression in eastern and southern Ukraine. The example of individual criminal proceedings presents some systemic problems that arise during the investigation of the facts of disappearance and suggests possible ways to solve them. There are several «blocks» of problems that lie in the field of criminal law, criminology, and criminal procedure. The points of view of scientists and practitioners on this problem are highlighted. It is concluded that Ukraine, in today’s conditions, needs to take measures aimed at improving the legal mechanisms of observance and protection of the right of persons staying in its territory to freedom from enforced disappearance, as well as intensifying law enforcement agencies to prompt, complete and impartial investigation of such facts, their proper qualification, search for victims, identification of those responsible for their disappearance, ensuring that victims receive timely and adequate compensation. The methodological basis for writing the article was a dialectical-materialist method, as well as the set of general scientific and special methods and techniques of scientific knowledge.

scholarly journals Translated Transcripts From Covert Recordings Used for Evidence in Court: Issues of Reliability

2021 ◽  
Vol 6 ◽  
Author(s):  
David Gilbert ◽  
Georgina Heydon
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Criminal Activity ◽  
Organised Crime ◽  
Complex Environment ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Nation States ◽  
Australian State ◽  
Using Data

Nation states increasingly apply electronic surveillance techniques to combat serious and organised crime after broadening and deepening their national security agendas. Covertly obtained recordings from telephone interception and listening devices of conversations related to suspected criminal activity in Languages Other Than English (LOTE) frequently contain jargon and/or code words. Community translators and interpreters are routinely called upon to transcribe intercepted conversations into English for evidentiary purposes. This paper examines the language capabilities of community translators and interpreters undertaking this work for law enforcement agencies in the Australian state of Victoria. Using data collected during the observation of public court trials, this paper presents a detailed analysis of Vietnamese-to-English translated transcripts submitted as evidence by the Prosecution in drug-related criminal cases. The data analysis reveals that translated transcripts presented for use as evidence in drug-related trials contain frequent and significant errors. However, these discrepancies are difficult to detect in the complex environment of a court trial without the expert skills of an independent discourse analyst fluent in both languages involved. As a result, trials tend to proceed without the reliability of the translated transcript being adequately tested.

scholarly journals Burden of Proof Reversal in Criminal Acts of Money Laundering

2019 ◽  
pp. 98-104
Author(s):  
Muhammad Khusnul Fauzi Zainal ◽  
Syukri Akub ◽  
Andi Muhammad Sofyan
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Burden Of Proof ◽  
Public Prosecutor ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Community Law ◽  
Legal Structure ◽  
Criminal Offenses

This study aims to analyze the burden of proof reversal system in handling cases of money laundering. This type of research is normative juridical legal research. The results of this study indicate that in the reversal system of the burden of proof of criminal acts of money laundering, each party has a burden of proof, the public prosecutor is burdened to prove that these assets are the property of the defendant and has a relationship with the original criminal act charged, while the defendant burdened to prove the origin of the assets claimed and if the defendant is unable to prove the origin of the assets, the assets can be strongly suspected to originate from criminal offenses. There are still obstacles in law enforcement both from the substance of the law (norms), legal structure (law enforcement agencies) and the culture of law (the culture of community law).

INTERNATIONAL EXPERIENCE IN COORDINATING THE ACTION OF LAW ENFORCEMENT AGENCIES

2022 ◽  
Author(s):  
Sergii Melnyk ◽  
◽  
Alina Ignatievа ◽  
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Rule Of Law ◽  
Justice System ◽  
International Experience ◽  
International Treaties ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Legal Enforcement

The article researched international experience in coordinating the action of law enforcement agencies in modern international law. It is stated that, enforcement agencies are those institutions that enforce the laws, including election-related laws. Enforcement аs an important integrity mechanism as it deters those who might be interested in subverting the system as well as identifies and punishes those who have broken the law. The responsibilities for enforcing laws and codes are usually divided among different agencies, depending on the nature and severity of the problem. Initial investigations may start with the oversight agency, but can be referred to an enforcement agency if it was determined that legal enforcement was required. For example, potential criminal cases uncovered during a routine audit can be referred to the justice system. If the prosecuting authorities decide to pursue the case, they could charge and prosecute the alleged perpetrator, with a court pronouncing sentence if the defendant were found guilty. Jurisdictionally, there can be an important difference between international law enforcement agencies and multinational law enforcement agencies, even though both are often referred to as «international», even in official documents Effective enforcement requires a functioning legal system and a respect for the rule of law. An important factor in maintaining integrity in enforcement is the independence of the judiciary, as justice is supposed to be administered fairly, equally and impartially. The prevention, investigation and cessation of international and many domestic crimes, as well as the prosecution of those responsible for their commission, are not it is always possible alone, without the help of other states and international organizations. Achieving this goal requires states not only to proclaim unilateral declarations of intent, participation in the signing international treaties and the activities of international institutions, but also the actual implementation of joint and agreed activities aimed at combating transnational and domestic organized crime.

College cops: a study of education and policing in California

2015 ◽  
Vol 38 (4) ◽  
pp. 648-663 ◽  
Author(s):  
Christie Gardiner
Keyword(s):  
Higher Education ◽  
Law Enforcement ◽  
Police Officers ◽  
College Graduates ◽  
The State ◽  
Law Enforcement Agencies ◽  
Content Type ◽  
Police Education ◽  
The Usa ◽  
College Educated

Purpose – The purpose of this paper is to describe the state of police education in California. There is limited national data on the topic and this study aims to improve our knowledge by studying the state with the highest number of law enforcement officers in the USA. Design/methodology/approach – A total of 162 local law enforcement agencies (police and sheriffs’ departments) in California completed a 32-question electronic survey about police education and training. Findings – Findings reveal that California agencies are more likely than agencies nationwide to offer incentives to encourage officers to pursue higher education. Although most departments require only a high school diploma, 35 percent of sworn officers are college graduates. Most college-educated officers are employed by medium and large sized agencies in urban counties which pay above-average salaries. Research limitations/implications – This paper demonstrates how the prevalence of educated police officers varies and that higher education requirements do not adversely affect the hiring of female officers. It also provides insight from police managers regarding their concerns about requiring a four-year degree and perceptions of whether college-educated officers are actually better officers than non-college-educated officers. Practical implications – Research findings may be instructive to police managers wanting to increase the number of sworn officers in their agency who hold a college degree. Originality/value – It adds to the literature by describing the education level of police officers in California and providing information about the educational requirements and incentives offered to officers by law enforcement agencies. No previous study has addressed this topic, even though California employs 12 percent of all sworn peace officers in the USA.

scholarly journals Criminalistics is not the science of prosecution or defense, but aimed at judicial resolution of criminal cases

2021 ◽  
pp. 116-123
Author(s):  
A. N. Khalikov
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Criminal Responsibility ◽  
General Trend ◽  
Preliminary Investigation ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Forensic Research ◽  
The Subject ◽  
Judicial Errors

The article considers the purpose of criminalistics as an objective science. The author briefly analyzes the definitions of the subject of criminology proposed by scientists in different years. At the same time, the General trend becomes obvious — the monopolization of criminology by law enforcement agencies. With reference to the position of the Patriarch of Russian criminalistics R. S. Belkin, the author expresses his opinion that criminalistics cannot and should not serve only state law enforcement agencies. The results of forensic research can be successfully used in criminal cases by the defense party-lawyers and other representatives of suspects and accused. The article provides examples when abuses by the preliminary investigation bodies with reference to the use of criminalistics provisions led to judicial errors and bringing innocent persons to criminal responsibility. Only in court, when using the evidence presented by the parties to the defense and prosecution, obtained, including through the use of recommendations of forensic science, a criminal case can be fairly resolved. 

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