scholarly journals Psychological and physiological characteristics of criminals and victims of crimes of personal freedom based on Russian criminal cases

2020 ◽  
Vol 9 (29) ◽  
pp. 472-481
Author(s):  
Aleksandr Kaliuzhnyi ◽  
Nikolai Shurukhnov ◽  
Oleg Karpushkin
Keyword(s):  
Human Trafficking ◽  
Scientific Literature ◽  
Life Experience ◽  
Physiological Characteristics ◽  
Criminal Cases ◽  
Slave Labor ◽  
Personal Freedom

A person’s personality is a carrier of individual, unique signs and traits that depend on its nature and are formed during life experience, including during the commission of crimes. We studied 320 criminal cases of violations of personal freedom (kidnapping, human trafficking, the use of their slave labor, etc.), as well as an analysis of the scientific literature that made it possible to substantiate the characteristics of criminals and their victims. As a result of the study, criminals and their victims were classified into groups. The features of these groups were characterized. The study of the personal properties of criminals and victims is necessary for all crimes of personal freedom, regardless of the commission country, and allows you to properly organize an investigation, put forward standard versions, build work to find traces and means of crime, thereby exposing the criminal.

Crime Concealment as an Element of the Method of Committing Slave Trade and Slave Labor Use

2021 ◽  
pp. 231-237
Author(s):  
Alexander N. Kalyuzhnyi ◽  
◽  
Nikolai G. Shurukhnov ◽  
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Slave Trade ◽  
Homeless People ◽  
Criminal Cases ◽  
Slave Labor ◽  
Beauty Contests ◽  
Psychological Pressure ◽  
Illegal Activities ◽  
Travel Abroad

The authors examine the patterns of concealment of illegal activities in human trafficking and slave labor use, as well as patterns of the activities of law enforcement agencies in the disclosure and investigation of the analyzed crimes. The aim of the article is to substantiate the data on the concealment of the investigated crimes for their subsequent use in the disclosure and investigation of the analyzed illegal activity. In the research, the authors used legal, sociological and other methods of scientific knowledge: logical, comparative legal, statistical, modeling, and a number of others. The authors relied on the materials of 130 criminal cases on encroachments on human trafficking and slave labor use, the results of interviewing 320 law enforcement officers, scientific developments of other researchers on the issue under consideration, as well as statistical data from the Main International and Analytical Center of the Ministry of Internal Affairs of Russia and the Judicial Department at the Supreme Court of the Russian Federation. The study of the materials of criminal cases shows that the basis for the disclosure and investigation of perpetrators' criminal activities should be based on the regularities of the method of concealing the crimes under consideration reflected in the following typical forms: (1) concealment of the fact and traces of preparation for committing a crime: a) placing veiled ads with offers of employment, training, marriage services in the media, social networks, leaflets, etc.; b) holding fake “beauty contests”, “draw games”, and similar events, participants of which are offered work or study abroad; c) disseminating deliberately false information in order to attract future victims of slave trade and illegal exploitation in certain social groups: prostitutes, drug addicts, unemployed, homeless people, etc.; d) conspiring in finding accomplices, means of communication, places of detention of victims, means of physical and psychological pressure on the victim; (2) conspiracy of the direct commission of a crime: a) disguising it as legitimate; b) falsifying documents that allow victims to travel abroad; c) concealing places of detention of victims and organizing victim safe-keeping; d) seizing identity documents from victims; e) using SIM cards registered to unauthorized persons, f) veiled advertising of activities to search for consumers of sexual and other services; (3) disguise or destruction of traces of the committed crime: destruction of clothing and belongings of the victim, erasing the traces left. Thus, in the course of the analysis of the literature and criminal case materials on human trafficking and slave labor use, forensically significant data on the concealment of the investigated crimes were substantiated; the knowledge of these data should be used in the course of the disclosure and investigation of such crimes.

scholarly journals Tactical features of the use of special expertise in the investigation of human trafficking

2021 ◽  
Vol 81 (1) ◽  
pp. 65-71
Author(s):  
Sh. Fayziev ◽  
◽  
A. Boretskiy ◽  
B. Nurgazinov ◽  
◽  
...  
Keyword(s):  
Human Trafficking ◽  
Scientific Literature ◽  
Criminal Prosecution ◽  
Criminal Cases ◽  
Scientific Methods ◽  
Integral Element ◽  
Special Expertise ◽  
The Subject ◽  
The Republic ◽  
Practical Recommendations

Main problem: This study is devoted to the study of the problems of using special expertise in the investigation of crimes related to human trafficking. The use of specialized expertise is an integral element in the system of investigative actions carried out in cases of human trafficking. In this study, the authors consider the features of the production of forensic examinations in the investigation of crimes related to human trafficking in the Republic of Kazakhstan. In the study, the authors consider the most typical types of forensic examinations that are conducted in criminal cases of human trafficking. Based on the analysis of scientific literature, as well as the survey of practitioners engaged in the fight against human trafficking and the analysis of criminal cases of human trafficking, practical recommendations for criminal prosecution authorities on the most effective conduct of forensic examinations in criminal cases of this category are proposed. The purpose of this study: to study the tactical features of the production of forensic examinations in the investigation of human trafficking, as well as the features of the use of special expertise. Methods: The methodological basis of this study is the dialectical method of cognition of social and legal phenomena, as well as system-structural, comparative-legal, logical-theoretical and private scientific methods of study. To achieve the objectivity of the research results, these methods were applied comprehensively. Results and their significance: The use of forensic expertise in the investigation of human trafficking is essential for the detection and investigation of these crimes. The study notes that the following types of forensic examinations are among the most common in the investigation of this category of criminal cases: medical examination, biological examination, handwriting examination, phonoscopic examination and odorological examination. The subject of the investigation must carefully understand the tactical features of the production of certain forensic examinations. The practical recommendations proposed by the authors of the study on the appointment and production of forensic examinations considered in the study are important for the successful investigation of the facts of human trafficking, but at the same time they have a recommendatory value and can be modified taking into account the specifics of a particular criminal case.

scholarly journals Topical Issues of Improving Criminal Law Measures Against Kidnapping, Illegal Imprisonment, Human Trafficking and the Use of Slave Labor

2020 ◽  
Vol 14 (3) ◽  
pp. 481-494
Author(s):  
Vladimir Taranenko ◽  
Stanislav Kharitonov ◽  
Maria Reshnyak ◽  
Sergey Borisov
Keyword(s):  
Supreme Court ◽  
Human Trafficking ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Theory And Practice ◽  
Slave Labor ◽  
Personal Freedom ◽  
The Supreme Court ◽  
The Russian Federation

This research is aimed at identifying the problems of the regulation and enforcement of current criminal law norms for counteracting such crimes against human freedom as kidnapping, illegal imprisonment, human trafficking and the use of slave labor, as well as at working out suggestions on solving these problems. The sphere of the research is public relations that emerge in connection with the development and enforcement of criminal law norms on liability for these infringements on personal freedom. The object of research is a number of problems in legislation, theory and practice whose analysis will make it possible to gain an integral and detailed understanding of historical and social prerequisites, trends and directions of the development of the institute of criminal liability for crimes against personal freedom. The authors analyze the clarifications of the plenum of the Supreme Court of the Russian Federation included in the decree «On Court Practice for Cases of Kidnapping, Illegal Imprisonment and Human Trafficking» of December 24, 2019 № 58, the published practice of the Supreme Court of the Russian Federation and the courts of the subjects of the Russian Federation on criminal cases of the above-mentioned crimes against personal freedom, as well as the official statistical information of the Court Department of the Supreme Court of the Russian Federation on convictions for such crimes. The methodological basis of this research comprises both general and special research methods, including the specific-sociological and comparative legal ones. The complex research of the problems of liability for crimes against personal freedom is used as a basis for formulating and validating specific suggestions on improving criminal law norms on liability for such infringements and the practice of their enforcement. Specifically, the article contains recommendations on determining the moment when crimes against freedom end, on their delineation, as well as on solving other complex problems of qualification for these crimes within the scope of one or several Articles of Chapter 17 of the Criminal Code of the Russian Federation.

Features of Proof in Criminal Cases Against Minors

2021 ◽  
pp. 104-111
Author(s):  
N. Yu. Borzunova ◽  
K. L. Maksimova ◽  
O. S. Matorina
Keyword(s):  
Life Experience ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Specific Nature ◽  
Legal Proceedings

The article deals with the specific features of the procedure of legal proceedings in cases involving minors. Thus, one of the grounds for differentiating criminal proceedings according to this criterion of cases is the underage age of persons who have committed a socially dangerous act. This is primarily due to the age characteristics of these individuals, who are characterized by great impressionability, lack of sufficient life experience and solid knowledge, immaturity of thinking, instability of the psyche and increased emotionality, increased suggestibility and auto-suggestion, a tendency to fantasy and imitation. Their will is not yet strong enough, and their character is not yet fully formed. In connection with the above, there is a specific nature of the circumstances to be proved in this category of criminal cases, which is analyzed in the article. The authors ‘opinions on the expanded subject of evidence in criminal cases against minors are presented. Proposals were made to improve the legislation.

scholarly journals Forensic Value of Genetic Variants Associated with Anti-Social Behavior

Diagnostics ◽  
2021 ◽  
Vol 11 (12) ◽  
pp. 2386
Author(s):  
Antonio Oliva ◽  
Simone Grassi ◽  
Massimo Zedda ◽  
Marco Molinari ◽  
Stefano Ferracuti
Keyword(s):  
Social Behavior ◽  
Cognitive Processes ◽  
Genetic Variants ◽  
Impulse Control ◽  
Criminal Behavior ◽  
Scientific Literature ◽  
Criminal Cases ◽  
Violent Crimes ◽  
The Relationship ◽  
Forensic Value

Insanity defense is sometimes invoked in criminal cases, and its demonstration is usually based on a multifactorial contribution of behavioural, clinical, and neurological elements. Neuroradiological evidence of structural alterations in cerebral areas that involve decision-making and moral reasoning is often accepted as a useful tool in these evaluations. On the other hand, the genetic predisposition to anti-social behavior is still controversial. In this paper, we describe two cases of violent crimes committed by young carriers of genetic variants associated with personality disorder; both the defendants claimed to be insane at the time of the crime. We discuss these cases and review the scientific literature regarding the relationship between legal incapacity/predisposition to criminal behavior and genetic mutations. In conclusion, despite some genetic variants being able to influence several cognitive processes (like moral judgement and impulse control), there is currently no evidence that carriers of these mutations are, per se, incapable of intentionally committing crimes.

Neuroscience at the Intersection of Mind and Brain

2018 ◽  
Author(s):  
Jack M. Gorman
Keyword(s):  
Brain Function ◽  
Scientific Literature ◽  
Life Experience ◽  
Health Practice ◽  
The Face ◽  
Health And Disease ◽  
Mind And Brain ◽  
The Moment ◽  
The Brain ◽  
Brain Connections

This book makes complicated concepts and findings in modern neuroscience accessible to anyone with an interest in how the brain works. It explains in detail how every experience we have from the moment we are conceived changes our brains. Finally, it advances the idea that psychotherapy is a type of life experience that alters brain function and corrects aberrant brain connections. The chapters explore what makes our brains different from our nearest genetic neighbors; how life’s experiences affect the way genes in the brain are expressed and neurons connect with each other; why connections between different parts of the brain are important in both health and disease; what happens in the brains of animals and humans in the face of sudden fear, in depression, or when falling in love; and how medications and psychotherapies work. The book is based on cutting-edge research in neuroscience, psychiatry, and psychology and includes references to the scientific literature. Written by an author who studied human behavior and brain function for three decades, it is presented in a highly accessible manner, full of personal anecdotes and observations, and it touches on many of the controversies in contemporary mental health practice.

LEGAL CONTENT OF CATEGORY“PREPARATION FOR PERFORMANCE OF AN INTENTIONAL CRIME”

2020 ◽  
pp. 39-45
Author(s):  
V. F. Lapshin ◽  
E. H. Nadiseva
Keyword(s):  
Criminal Law ◽  
Scientific Literature ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Special Part ◽  
Criminal Legislation ◽  
Principle Of Legality

The implementation of criminal liability for an unfinished crime, interrupted at the stage of preparation, is not consistent with the basic criminal law requirements, since the act committed at the stage of preparation, clearly does not contain any signs of a crime or its composition. At the same time, the imposition of punishment is carried out in accordance with the sanction of the norms of the Special part of the criminal code, which indicates the existence of an act not actually committed by the convicted person. This allows us to raise questions about the legality and necessity of bringing a person to criminal responsibility for an act recognized as preparation for the Commission of an intentional crime. The analysis of provisions of the current criminal legislation, sources of scientific literature, and also materials of judicial practice on criminal cases about incrimination of preparatory actions, allowed to draw a conclusion according to which attraction of the person to responsibility for Commission of the act characterized as preparation for Commission of crime, contradicts the principle of legality and justice. In this regard, it is proposed to change the current criminal legislation, eliminating the rules on the preparation of the Institute of unfinished crime.

scholarly journals Who’s Watching the Watchdog?: Are the Names of Corporations Mandated to Disclose under the California Transparency in Supply Chain Act Subject to a Public Records Request?

2014 ◽  
Vol 1 (1) ◽  
pp. 44-57
Author(s):  
Benjamin Greer
Keyword(s):  
Supply Chains ◽  
Human Trafficking ◽  
Public Awareness ◽  
State Legislature ◽  
Forced Labor ◽  
Slave Labor ◽  
Economic Sectors ◽  
Aggressive Approach ◽  
Public Records ◽  
Labor Policies

Trafficking is a highly dynamic and fluid criminal phenomenon. Determined traffickers react remarkably well to consumer demand and under-regulated economic sectors and easily adapt to legislative weaknesses. Corporate globalization of manufacturing and storefronts is contributing to human trafficking; aiding in forced labor in becoming the fastest growing and the third most widespread criminal enterprise in the world. As technology advances, allowing greater and easier access to goods from more remote countries, vulnerable populations become easier targets for traffickers to exploit. Understanding U.S. markets are key destinations for goods, enlightened states are looking to bolster their anti-trafficking criminal codes by requiring businesses to better clarify their efforts to discourage human trafficking/forced labor within their supply chains. The California State Legislature has begun an aggressive approach aimed at fostering greater public awareness of slave labor by requiring certain businesses to clearly articulate their anti-trafficking/anti-forced labor policies. California was the first government – local, state or federal - to codify mandatory policy disclosures. The California Transparency in Supply Chains Act of 2010 requires businesses domiciled in California and earning more that $100 million to conspicuously disclose on their publically accessed webpage, what policies, if any, they have implemented to detect and fight slave labor. The legislature intended to equip the common consumer with the needed information to effectively hold businesses accountable for human rights abuses. In order for the public to properly hold businesses accountable for their labor practices, it is essential the names of business subject to the disclosure be made public. The California Public Records Act should be a tool for concerned consumers and advocates to obtain the statutory list of affected companies.

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