scholarly journals Procedural differences between mutual legal assistance and international informal assistance

2021 ◽  
pp. 227-231
Author(s):  
Alesea Scorpan ◽  

Countries around the world face legal impediments when dealing with the recovery of criminal assets - especially developing countries that do not have the resources to deal with the skills and creativity of criminals. The scale of the problem is growing and shows us that a more effective approach is needed to recover stolen funds. There is a perception that ,,international cooperation” in an investigation and recovery of assets refers to international legal assistance - the formal process of requesting assistance from a foreign jurisdiction. However, in practice, there is a step that should be earlier in the process, which is often ignored or forgotten and which is just as important, if not more so. This is mutual administrative assistance, often described only as ,,informal assistance”. Almost all cases of corruption and embezzlement have a significant international dimension, whether it is foreign bank accounts and residences abroad or a chain of transactions circulating in several jurisdictions. To start informal international cooperation, all that is required is for an officer or prosecutor to pick up the phone or email his or her counterpart in another jurisdiction to request assistance in verifying the information to support a criminal investigation. This informal cooperation helps the investigation team to develop a better and more complete picture of the case. It helps them to identify official evidence that may be required from abroad to successfully prosecute and, ultimately, to recover any criminal assets with limited resources at hand

Author(s):  
Yanolanda Suzantry Handayani ◽  
Junas Haidi ◽  
Agun Mardian

In this modern era, the activities of almost all humans depend on machines they make, such as single-phase induction electric motors, which are used to chop plastic waste. This chopping machine aims to help plastic collectors process plastic waste into small pieces, making it easier to pack and ship plastic out of the area for reprocessing. The plastic waste shredding machine is made using a crushing system with a fan-shaped blade construction consisting of 39 blades divided by two rotating rows opposite the cover box using a chain motor gear transmission element. Most of the chopper machines on the market use engines with diesel or diesel fuel, therefore a chopper machine using an electric motor is designed to compare the motor power without the addition of capacitors and capacitors. The waste load used for motors without additional capacitors, medium and large bottles measuring 375 ml to 1500 ml, the machine can chop as much as 800 grams with the highest measurement of power 578.0 Watt, current 4.192 A, the lowest motor speed measurement is 1414 rpm and the reducer speed is 22.9 rpm . The waste load used for motors with additional capacitors, medium and large bottles measuring 375 ml to 1500 ml, the machine can chop 1000 grams with the highest measurement of power 732.7 Watt, current 4.149 A, the lowest motor speed measurement is 1464 rpm and the reducer speed is 22.9 rpm.


2021 ◽  
Vol 3 (4) ◽  
pp. 3-25
Author(s):  
Andreas Schloenhardt

Abstract This article examines the international cooperation provisions under the United Nations Convention against Transnational Organized Crime and their practical application in reported cases. It explores the circumstances in which States Parties have used or attempted to use the Convention as a legal basis for extradition, mutual legal assistance, transfer of sentenced persons, transfer of criminal proceedings, joint investigations, or other forms of international cooperation. The article seeks to provide a better understanding of the opportunities offered by the international cooperation provisions, and the challenges and obstacles faced by States Parties requesting cooperation or being requested to provide cooperation under the Convention.


2019 ◽  
pp. 6-9
Author(s):  
F.K. Rakhimov ◽  
◽  
D.D. Valijonov ◽  

The article considers the issues of international cooperation of prosecution authorities in providing legal assistance in the criminal sphere. In addition, this article is devoted to the issues of interaction of prosecution agencies against crime within the framework of regional international organizations. To do this, extradition as a legal phenomenon is analyzed in detail, the procedures carried out on the territory of the Republic of Uzbekistan to extradite a person wanted by the competent authorities of another state are described. Documents and normative acts on the basis of which extraordinary measures are carried out are given. The authors focus on the peculiarities of the criminal procedure laws of the CIS countries, which complicate the extradition procedure. Concrete steps are described that allow optimizing the work of the extradition institution and minimizing possible contradictions related to the peculiarities of national legislations.


2001 ◽  
Vol 14 (1-2) ◽  
pp. 39-84 ◽  
Author(s):  
Sonja Brentjes

This paper investigates the affiliation of Book I of the Latin translation of Euclid's Elements attributed to Hermann of Carinthia with the Arabic transmission of the Greek mathematical work. It argues that it is a translation of a text of the Arabic secondary transmission, that is, of an Arabic edition mixed with comments. Two methodological claims are made in the paper. The first insists that the determination of a text whose transmission was as multifaceted and complex as the Euclidean Elements needs to be based on a systematic investigation of entire books rather than on selected theorems or diagrams of global, mostly structural relevance. The second claim starts from the experience that almost all results regarding the place of a particular document in a chain of transmission are conjectural. It acknowledges that individual results are more or less persuasive, depending upon the qualitative status of the argument. It suggests that the quantitative accumulation of similarities, differences, errors, regularities, or peculiarities allows one to recognize patterns and thus improves the reliability of judgment.


Author(s):  
Peter Stiernstedt

Abstract This article highlights the commodification of private security criminal investigations in Sweden. Today, the reach of the private security industry extends to almost all responsibilities traditionally reserved for the police. Regulation is constantly trying to catch up with the ever-changing scope and nature of private security. When looking at private security industry regulation in the European Union, Sweden enjoys one of the most comprehensive frameworks. There are however gaps and private security criminal investigation is one which, if left unchecked, could possibly lead to a dangerous commodification of justice and decreasing trust in the police. In this article, these issues are explored through interviews with a number of stakeholders. The interviews reveal that the potential danger lies in circumstances whereby police are, for various reasons, forced to turn down investigations. Citizens and organizations alike then have the opportunity to proceed with the investigation through a private security service provider. Presented with a complete substratum for prosecution, the police are incentivized to proceed. Thus, police discretion as to whether or not to proceed with an investigation is effectively for sale. The article consequently calls for a revision of Swedish private security regulation.


AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 93-98 ◽  
Author(s):  
Timothy Meyer

Customarily one begins a discussion about the effectiveness of international law by quoting Louis Henkin’s famous remark that “almost all nations obey almost all principles of international law and almost all of their obligations almost all of the time.” For some, this empirical claim supports the notion that international law is a vital tool for furthering international cooperation across a broad range of issue areas. For others, the implicit suggestion that international law’s mere existence might be driving states’ behavior is a calamity of causal inference. Even if Henkin’s claim is empirically correct, effectiveness does not follow from compliance. For a third group, Henkin’s claim may not even be empirically correct. In at least some areas of international law, noncompliance may be relatively high. Deploying the same suspect causal reasoning that the second group worries about, international law skeptics have sometimes suggested that we might infer ineffectiveness on the basis of such noncompliance.


2020 ◽  
Author(s):  
Brijesh Kundaliya

IoT and WSNs are the prime moving force for technology in the current world. WSNs unfold their capacity day by day in almost every aspect of life. IoT enables to integrate the different devices and makes it possible to communicate with each other. It makes life easier and upgrades the application’s usage to the next level. The integration of WSNs with IoT will help to reach apical of the usage of applications. The combination of WSNs and IoT will open up new doors in almost all the possible fields however the amalgamation of both the technology needs careful consideration about bringing the both on same level. The IoT is considered a mighty giant with enormous power and capability. On the other side, WSNs are miniature having limited resources but the tremendous capability to penetrate in almost every aspect of life. WSN’s limited resources are the main concern while integrating it with the IoT. The integration will make it possible to access the sensor node from any part of the world. It implies that now the sensor node is open for any heterogeneous internet user in the world. It will cause a security issue. Moreover, the topology and addressing of WSNs are different from the normal internet which needs to be addressed during the integrations. And there are other challenges too which we discussed in depth in this chapter.


Author(s):  
Evgeniy N. Yakovets ◽  

The article presents the main elements of crimes, the detection, prevention and disclosure of which is the responsibility of the Russian border authorities. Almost all of them are cross-border. Legal bases of international cooperation in the fight against cross-border crime within the CIS are analyzed. The author concludes that the legal regulation of interstate cooperation in this sphere is not effective enough.


2016 ◽  
Vol 6 (1) ◽  
pp. 132
Author(s):  
Besim Arifi

Among the very important investigative actions is the autopsy. It is conducted by forensic doctors that work-competent. The autopsy realized with a court order and performed the function of whitening/lightening of the investigation, given that the main purpose is to conduct the autopsy the cause of death. The assignment of cause of death, carried out with scientific methods by doctors who are open corpse are able to describe all wounds and other injuries caused by any means or substance that is used in connection with the case which has caused death person. Such a finding is of particular importance, because it orients the court and the prosecution in the right direction and also helps in determining the overall investigation. The autopsy realized that almost all cases of suspected violent death of any nature whatsoever. Also it developed to see the inside of the human body, through which remain wound caused by guns or by other means, as well as those who have followed the path during the passage through the human body. During the autopsy done and external examination of the corpse underskirt any stage or time that the body was found. Even if the corpse found after a certain time is still required an examination of detail of that corpse, to examine and ascertain the condition in which it found it first and wounds that had and description of all positions these wounds. We can say that a criminal investigation is halved in terms of its validity, if in this case the information is not developed autopsy. Professional court would not accept any test given on the case, if the same does not report detailed the autopsy.


2021 ◽  
Vol 17 (2) ◽  
Author(s):  
Raquel de Mattos Pimenta ◽  
Otavio Venturini

Abstract Transnational regulation of bribery involves several increasingly complex forms of cooperation among enforcement authorities. International investigative cooperation allows a foreign authority to assist another on criminal and/or civil investigations, through requests of mutual legal assistance, rogatory letters, as well as joint investigative teams. Sanction-based cooperation helps different authorities to transfer or extradite persons and recover proceeds of corruption to the victims. More recently, there has been a rise in cooperation in negotiated settlements with the accused. Settlement cooperation may entail joint resolutions or the coordination of settlement clauses. This paper focuses on how these three modes of cooperation intersect in cases with successive negotiated settlements. We use the Odebrecht case settlements to unpack the relation between investigative, sanction-based, and settlement cooperation in three case studies: the joint resolutions between the company and Brazil, Switzerland, and the United States, as well as two local agreements with the Dominican Republic and with Peru. We evidence how these modes of cooperation can reinforce or undermine one another. Beyond illustrating different cooperation dynamics, we also explore the role of sequencing. The existence of a previous joint resolution affects the developments of the subsequent agreements, but in different ways from those previously mapped by the literature.


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