The criminal investigation and its relationship to jurisdiction, extradition, co-operation and criminal policy

2013 ◽  
pp. 220-250
Keyword(s):  
Criminal Policy ◽  
Criminal Investigation

scholarly journals Background of Achieving a Realistic Legislative Criminal Policy in Iranian Penal Laws

2021 ◽  
Vol 39 (69) ◽  
pp. 273-295
Author(s):  
Ahmad Reza Vanaki ◽  
Karim Salehi ◽  
Maryam Naghdi Dourabati
Keyword(s):  
Content Analysis ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Investigation ◽  
Cultural Dimension ◽  
Personality Profile ◽  
Analysis Method ◽  
Legal Realism ◽  
Content Analysis Method ◽  
Realistic View

For a criminal policy, in the broadest sense, to be successful and compatible with a realistic view of the criminal phenomenon in the field of pragmatism judgment and to achieve its objectives, it needs a background which, in its absence, not only laws based on realistic criminal policy fail, but their application in such a situation will cause a double damage to society: legal and moral. Apply methods of social prevention in the economic and cultural dimension, observing the principle of minimum criminal law, the mandatory anticipation of the presentation of a personality profile in all crimes committed and finally, the establishment of a care administration to comply with the implementation of realistic laws in the best possible way. It is concluded that this path that combines criminal policy and pragmatic legal realism is one of the desired areas in question in the field of criminal investigation in Iran. This research, which is conducted using the content analysis method, identifies the background for the implementation and enforcement of a realistic legislative criminal policy in Iran to remove obstacles to this advanced scientific knowledge.

scholarly journals STUDY OF PENAL AND NON-PENAL APPROACH ON PREVENTION OF CORRUPTION IN INDONESIA

2018 ◽  
Vol 3 (2) ◽  
pp. 111-120
Author(s):  
Qurrotu Aini
Keyword(s):  
Law Enforcement ◽  
Mass Media ◽  
Criminal Law ◽  
Government Regulation ◽  
Criminal Policy ◽  
Criminal Investigation ◽  
Crime And Punishment ◽  
Law Enforcement Officials ◽  
Legal Policies ◽  
Poor Management

Criminal policy can be interpreted in the narrow sense that criminal politics is described as a whole principle and method, which is the basis of the reaction to violations of laws in the form of criminal. And in a broad sense this is the overall function of law enforcement officials, including the workings of the court and the police. While in the broadest sense it constitutes the whole policy, which is carried out through legislation and official bodies that aim to uphold the central norms of society. Factors Underlying the Occurrence of Corruption Crime: a) Lack of salary for Civil Servants compared to needs that are increasingly increasing. b) Background of Indonesian culture or culture which is the source or cause of widespread corruption. c) Poor management and less effective and efficient controls that will provide opportunities for people to corruption. d) Modernization breeds corruption. Briefly the causes of corruption include 5 (five) aspects, namely: a) Individual Aspects of Actors, b) Aspects of Organizations / institutions, c) Aspects of society, d) Aspects of law enforcement and legislation, and e) Political Aspects. Efforts to prevent corruption through legal policies with means of reasoning and non-reasoning. Penal facilities include, a) Criminal Law Book (wetboek van Strafrecht) January 1, 1918; b) WvS in the 1915 Staatblaad Number 752 dated 15 October 1915; c) Law number 74 of 1957 in conjunction with Law Number 79 of 1957, d) Provisional Constitution of 1950, e) Government Regulation in lieu of law Number 24 of 1960 concerning Investigation, Prosecution and Corruption Criminal Investigation, f) Law number 1 of 1960, g) Law Number 24 Prp of 1960 concerning Investigation, Prosecution and Corruption Criminal Investigation, h) Law Number 3 of 1971 concerning Eradication of Corruption Crime; i) MPR XI / MPR / 1998 Tap concerning the implementation of a clean and free country of corruption, collusion and nepotism; j) Law number 28 of 1999 concerning State settlements which are clean and free of KKN which includes provisions on criminalization of collusion and nepotism offenses, k) Law number 31 of 1999 concerning the eradication of criminal acts of corruption, l) Law number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes that took effect from 21 November 2001, m) Law Number 30 of 2002 concerning the Corruption Eradication Commission. Efforts to deal with non-criminal crimes can be in the form of: a) Non-criminal prevention (Prevention without punishment), b) Influencing the public's view of crime and punishment through mass media (influencing views of society on crime and punishment mass media).Keywords: corruption, reason, nonpenal

DISCRESSION OF THE SAMPLE RESORTS POLICE IN THE IMPLEMENTATION OF ADMINISTRATIVE LAW PERSPECTIVE INVESTIGATION

2020 ◽  
Vol 4 (2) ◽  
pp. 147
Author(s):  
Tamrin Muchsin ◽  
Sri Sudono Saliro ◽  
Nahot Tua Parlindungan Sihaloho ◽  
Sardjana Orba Manullang
Keyword(s):  
Empirical Research ◽  
Qualitative Method ◽  
Government Regulation ◽  
Sampling Technique ◽  
Administrative Law ◽  
Criminal Investigation ◽  
Accurate Data ◽  
Long Distance ◽  
The Impact ◽  
Depth Interviews

It is still found that investigating officers do not have an S1 degree or equivalent in thejurisdiction of the Sambass Resort Police as mandated in PP No. 58 of 2010 concerningAmendments to Government Regulation Number 27 of 1983 concerning theImplementation of KUHAP article 2A paragraph (1) letter a. If the requirements ofinvestigators are not fulfilled, there will automatically be limits of authority, includingthe inability to issue investigation orders, detention warrants and other administrativeletters. This study used a qualitative method with juridical empirical research. Toobtain accurate data, purposive sampling technique was used, and primary datacollection by conducting in-depth interviews. The research results found, among others:first, discretion regarding the administration of investigations in the jurisdiction of theSambas Resort Police for the Sambas District Police who do not have investigatingofficers who meet the requirements, is then taken over by the Head of the CriminalInvestigation Unit as the supervisor of the integrated criminal investigation function.Second, the impact of an integrated investigation administration causes the time tocarry out investigations to be slow due to the long distance between the Sector Policeand the Resort Police.

KRIMINALISASI HAKIM DAN EKSISTENSI PRINSIP JUDICIAL INDEPENDENCE DALAM BINGKAI NEGARA HUKUM

2018 ◽  
Vol 2 (3) ◽  
pp. 325
Author(s):  
Muh Risnain
Keyword(s):  
Rule Of Law ◽  
Criminal Policy ◽  
Judicial Independence ◽  
Legal Policy ◽  
The Law ◽  
Quo Vadis

Legal policy throught criminalization of judge by the law are abuse of judicial indpence and threat of rule of law principle while regulate by the constitution. And it is shown that quo vadis of criminalization policy when drafting the law. To solve this problem, there are two step, firstly, House of representative and President as state organs who have authority to arrange the law must pay attention principle of judicial indepence and rule of law, second, reorientation of criminal policy. Keywords: Criminalization, Judicial Independence and Rule of Law.

GENETIC RESEARCH: LEGISLATION AND CRIMINAL POLICY

2020 ◽  
Author(s):  
D. N. Sergeev ◽  
I. Y. Kozachenko ◽  
M. A. Bolkov ◽  
P. A. Larionov ◽  
I. A. Tuzankina ◽  
...  
Keyword(s):  
Genetic Research ◽  
Criminal Policy

A philosopher nobleman among his adversaries. From the materials towards a biography of F. Dmitriev-Mamonov

2019 ◽  
pp. 181-210
Author(s):  
M. Y. Osokin
Keyword(s):  
Mental Health ◽  
Criminal Investigation ◽  
The Future ◽  
Major Incidents

The article is an excerpt from the biography of the Russian writer, historian and collector of curiosities F. Dmitriev-Mamonov, to be published by B.S.G.-Press. The fragment considers three hitherto undisclosed episodes of his life: the 1770 criminal investigation of Mamonov’s attempted poisoning by the writer and former lecturer of the Land Gentry Cadet Corps Johann Fonberg, who had worked as his personal librarian for two months; followed by problems with his mental health in the 1780s, when he began suspecting that his closest family were plotting to kill him and began to subject his serfs to harsh punishments; and, finally, his donations to Moscow University in May 1770, in February 1772 and, probably, in November 1779, which consisted of a collection of medals, copies of P. Lippert’s engraved gems, and the portrait of field marshal P. Saltykov. All three instances appear connected: the donations coincide with three major incidents in Mamonov’s life (the attempted poisoning, a bad wound sustained in Chudov monastery during the suppression of the Plague revolt, and official proceedings against him for cruel treatment of serfs), which forced him to contemplate his mortality and the need to plan for the future of his collection.

Forensic Evidence in Proving Crimes: Exploring the Legal Frameworks of Sharīʿah Bukti Forensik Bagi Membuktikan Jenayah: Menerokai Rangka Kerja Guaman Sharīʿah

2016 ◽  
Vol 13 (1) ◽  
pp. 220-247
Author(s):  
Sayyid Mohammad Yunus Gilani ◽  
K. M. Zakir Hossain Shalim
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Common Law ◽  
Legal Framework ◽  
New Method ◽  
Criminal Investigation ◽  
Forensic Evidence ◽  
Administration Of Justice ◽  
Legal Frameworks

AbstractForensic evidence is an evolving science in the field of criminal investigation and prosecutions. It has been widely used in the administration of justice in the courts and the Western legal system, particularly in common law. To accommodate this new method of evidence in Islamic law, this article firstly, conceptualizes forensic evidence in Islamic law.  Secondly, explores legal frameworks for its adoption in Islamic law. Keywords: Forensic Evidence, legal framework, Criminal Investigation, Sharīʿah.AbstrakBukti forensik adalah sains yang sentiasa berkembang dalam bidang siasatan jenayah dan pendakwaan. Ia telah digunakan secara meluas dalam pentadbiran keadilan di mahkamah dan sistem undang-undang Barat, terutamanya dalam undang-undang common (common law). Untuk menampung kaedah pembuktian baru ini dalam undang-undang Islam, artikel ini, pertamanya, konseptualisasikan bukti forensik dalam undang-undang Islam. Kedua, ia menerokai rangka kerja undang-undang untuk penerimaannya dalam undang-undang Islam.Kata Kunci: Bukti Forensik, Rangka Kerja Guaman, Siasatan Jenayah, Sharīʿah.

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.

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