criminal control
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2022 ◽  
Vol 27 ◽  
pp. 325-337
Author(s):  
Reshat Maliqi

The application of criminal procedures in the investigation of organized crime in Kosovo quests a deeper empirical study and wider research of a scientific literature than ever done before. The failure of many organized crime cases throughout the courts of Kosovo and the light and acquittal sentences are real indications that the application of criminal proceedings is not being properly conveyed in practice. The data provided through the empirical research of this paper indicate that non-compliance with criminal procedures leads to a decrease in efficiency and a significant increase in organized crime cases. Through this research we aim to identify the possible factors that affect the growth of the phenomenon of crime as well as the reflection of institutions dealing with the prevention and fight against crime. According to the observation the author suspects that the starting point of criminal proceedings regardless of the degree of probability is extremely important for the fight against crime, especially the fight against modern forms characterized by a high degree of organization, professionalism, specialization and secrecy. This paper reflects the detailed theoretical research of the scientific literature by various local and foreign authors and experts who have written about criminal procedures, research and analysis of theoretical and practical data on the meaning and importance of the implementation of criminal procedures in detecting organized crime in Kosovo are of particular importance to investigators of organized crime in the future. The effectiveness of criminal procedures in detection of organized crime in Kosovo should be closely related to criminology, criminalistics and criminal policy, the implementation of criminal procedures should in principle aim to return the basis of suspicion to the highest level of suspicion. This activity starts with the appearance of the basis of suspicion or the highest form of suspicion in the form of orientation and elimination indicators. The same activity consists of criminal control and processing. The content and strategy of these activities determine their further course, as well as condition the range of rules of criminal science in a specific case based on the provisions of the Code of Criminal Procedure, as well as other provisions of laws and bylaws. The strategy and tactics of these activities are dictated by the type of criminal offense.


2021 ◽  
pp. 37-66
Author(s):  
Pekka Hakkarainen ◽  
Heini Kainulainen

The situation in Finland is marked by a redistribution of labour between social and health care and criminal control policy. Attitudes are changing especially among the young, authorities are speaking out against the zero-tolerance policy, but there is also resistance to change. The situation is open.


In this article we discuss two recent Brazilian Supreme Court judgments about crimes committed during the civil-military dictatorship: Allegation of Disobedience of Fundamental Precept suit n. 153 (constitutionality of the 1979 amnesty law), and Extradition suit n. 1362, that discussed the extradition of an Argentine citizen who was convicted of committing crimes against humanity during the Argentine dictatorship). We analyze the role of the Brazilian Supreme Court in the (re) construction of the “criminal problem” and “criminal control” in relation to crimes against humanity perpetrated during the periods of the Argentine (1978-1983) and Brazilian (1964-1985) dictatorship. We take Lola Aniyar de Castro Thought’s, seeking some inspiration, for whom the criminology of the 21st Century is the “criminology of human rights”, and criminal control would be the thermometer of human rights. In the last part of this article, we discussed what seems to have been “the triumph of Lewis Carroll”, in the metaphor of reversing meanings: when protecting human rights is not to protect human rights, by creating an ad hoc decision-making rule from which “remembering is to forget”, and “forgetting is to remember”, provided that, from the peculiar Rule n. 42, the investigation and accountability for crimes against humanity are not allowed.


2019 ◽  
Vol 22 (3) ◽  
pp. 472-479
Author(s):  
Jing Lin

Purpose The purpose of this paper is to critically evaluate role of penal approach in corporate crime control and to assess if compliance program can be accepted in China, the largest developing country with relatively little regulatory capacity and an immature financial market when compared to developed economies. Design/methodology/approach Based on the general corporate crime control theory, a perspective from legal culture will be specially followed in studying control instruments. Findings This paper found that the criminal control approach has its limitations in corporate crime control in China and, therefore, argued that compliance programs are highly consistent with Asian legal cultures. However, unlike many developed economies, compliance programs have not been included in sentencing guidelines yet, which has been left to judges’ discretion. Originality/value The concept of compliance as a control instrument has been widely discussed in developed economies. Limited research observes areas such as China, which faces a notable dilemma, i.e. economics has been speedily booming, whereas regulation rules are relatively left behind.


2018 ◽  
Vol 3 (4) ◽  
pp. 15
Author(s):  
Duraković Adnan

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.


2016 ◽  
Vol 65 (3) ◽  
pp. 448-465 ◽  
Author(s):  
Enrique Desmond Arias ◽  
Nicholas Barnes

For the past generation scholars have written about violence, crime, and conflict in Rio de Janeiro’s favelas. While this scholarship has developed an extensive understanding of the problem of violence and criminal control of the city’s favelas it has not yet effectively engaged in a discussion of the implications of differential types of crime creating local security orders. Building on research in two different city regions in Rio de Janeiro, this article examines how different types of crime groups emerge from varied forms of social disorganization and contribute to particular models of social control and order. The article examines the varying relationships and exchanges built by drug gangs in Rio de Janeiro’s Zona Norte (Northern Zone) and milícias in the city’s Zona Oeste (Western Zone). The actions of these criminal organizations emerge from and promote orders that affect the lived political, social, and economic experiences of residents of favelas.


Author(s):  
Brenda Cielaika Vanegas León

<p>Motivar la incorporación de la perspectiva de género dentro de la investigación criminológica que se hace en Ecuador es el objetivo de este trabajo que se realiza a partir de la definición de Antonio García-Pablos de Molina sobre Criminología y la concreción de Tania Patricia Ibáñez Gómez. Gracias a la concepción de género que aporta el Comité para la Eliminación de la Discriminación Contra la Mujer - CEDAW y el marco jurídico constitucional ecuatoriano se hace una aproximación de análisis de las estadísticas de la población por sexos y de las personas privadas de la libertad. Al transitar por argumentos científicos de algunas escuelas criminológicas para abordar el régimen penitenciario, la mujer víctima, género y política criminal, control social y el delito como objeto de la Criminología se demuestra la feminización de la pobreza basada en el salario que percibe y sus horas laborables como resultado de la condición socioeconómica lo que posibilita un perfil criminológico de las mujeres privadas de la libertad con contenido socio biológico. En el camino de esta investigación y desde un enfoque estadístico se encontró los indicadores de: la casi igualdad cuantitativa de la población por sexos. La desigualdad de horas de trabajo y salarios entre varones y mujeres y la escasa participación de las mujeres en la delincuencia, dando como resultado el poco interés de la Criminología con visión de género en el contexto económico y no veraz que la ceguera de la Criminología a la perspectiva de género deviene de los datos empíricos.</p>


2004 ◽  
Vol 32 (1) ◽  
pp. 38-46 ◽  
Author(s):  
Lance K. Stell

“Strict gun control”(SCG) has no clear meaning,so it is necessary to clarify it.I define SGC as an array of legally sanctioned restrictions designed to impose firearm scarcity on the general population. SGC’s public policy goal, gun scarcity, commonly rests on the predicates that “dangerous criminal control” is not the central problem for reducing the problem of criminal gun violence but rather that it is the social prevalence of the distinctively-lethal instruments (guns) by which both supposedly “good citizens” as well as violent criminals inflict a staggeringly high percentage of injury and death.Professor Zimring (who also has an essay published in this issue) is one SGC’s most distinguished, prolific and comprehensive theorists. He has advocated for handgun scarcity among the general population since at least 1969.


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