Features of Fixing of Joint Commission of Crime in Legislation of Some the States of the Ancient East and the Epoch of Antiquity

A study of the joint commission of a crime as a legal phenomenon, which is enshrined in the written legislative acts of the first state formations of the Ancient East and some states of the era of antiquity, is carried out. The article considers the norms of a criminal-legal nature, which include certain provisions concerning the joint commission of a crime. Analyzed the basic laws of Ancient Egypt, Sumer, Babylon, Assyria, India, China and Japan, Greece and Rome. The analysis was made of the norms of a criminal-legal nature, in which provisions on joint infliction of harm are mentioned in one way or another. Possible types of joint commission of a crime and persons jointly participating in the commission of unlawful acts, the grounds and limits of criminal responsibility, types of group entities within which crimes are jointly committed have been established. A number of theoretical provisions have been identified and systematized, reflecting the criminal law views of the legislators of the Ancient East and Antiquity on the socially dangerous nature and harmfulness of the joint crime. It is determined that the ancient oriental and ancient legislators consolidate the first provisions concerning the joint commission of a crime casuistically, that is, fixing specific cases in the “body” of the norms; in the legislation such structures of crime are fixed, the commission of which alone seems either unlikely or impossible; Among the possible types of joint commission of a crime, the legislator pays more attention to the implication, expressed in concealment, non-reporting or connivance. It is argued that this is due to the excellent degree of public danger of such cases, since it is they that create the determination in others to commit a crime.

Citizen participation in crime prevention: a study in Kuching, Sarawak, Malaysia

Purpose The purpose of this paper is to discuss citizen participation in crime prevention in Kuching, Malaysia. This is a study of how citizen participated in crime prevention has helped in crime reduction in Kuching. Roles of citizen in crime prevention with the police have been included in this study. Result showed that citizen and police joint crime prevention has succeeded in crime reduction in Kuching. Design/methodology/approach Three methods of data collection were used in this research study: first, face-to-face interviews of 500 head of households in Kuching. They are selected using systematic sampling among the 159,000 households in Kuching. Second, in-depth interviews of 36 respondents involving community leaders and crime watch groups; and third, secondary crime statistics from the Royal Malaysia Police. It is based on actual crime reported to the police. Findings Police and citizen involvement in crime prevention are effective in reducing crime. Citizen participation in crime prevention was 80.6 per cent. The higher the frequency police and citizen involvement in crime prevention patrols, the lesser the level of crime. With increased joint patrol by police and citizen in the neighbourhood, the level of crime will be lower, and safety will improve, and this is particular valid in the case of the nine geographical areas covered under Kuching police district. Research limitations/implications This study focused on citizen participation in crime prevention in Kuching police district only. Practical implications Police and citizen participation in crime prevention play a key role in crime reduction. This study argued that police and citizen frequent patrol will improve safety in the community. Training plays a key role for citizen to participate in crime prevention. Joint crime prevention patrol calls for a new breed of police officers who can work with the citizens. In return, the citizens trust the police to lead them in crime prevention. Social implications With citizen participation in crime prevention, the community will be safer, peaceful resulting in less crime. Citizens acted as an eye and ear to the police. As and when a citizen see a suspicious person in the neighbourhood, he informs the police. When the police arrives, the suspicious person who may have a criminal intent will either be arrested by the police or escaped before the police arrived. Originality/value This paper provides an insight into crime prevention exercise involving the citizens. The same concept can be implemented throughout Malaysia. Police needs to involve citizens always in crime prevention. Police and the community are one big family.

TINJAUAN TENTANG SISTEM PEMIDANAAN DALAM PERBARENGAN TINDAK PIDANA MENURUT KUHP

This study discusses the forms of crime in the context of criminal acts or the comparison of criminal acts (same loop) that occur in society. This happens where one person commits a crime, but it is not uncommon for one person to commit several functional crimes at the same time in the same place. On the other hand, there is also one person who determines the number of crimes at different times in different locations which in criminal law is known as the term of criminal acts or sharing criminal acts (same loop) or in Dutch is same loop van Strafbare Feiten. This study uses a normative method using qualitative descriptive analysis. The results of this study indicate that there are three forms of criminal acts namely Concursus Idialis, continuing actions and realist Concursus while the penal system in the proportion of criminal acts can be applied to three methods, namely Stelsel absorption, cumulative Stelsel, and limited cumulative Stelsel.Keywords: criminal code; criminal system; joint crime. AbstrakPenelitian ini membahas tentang bentuk-bentuk kejahatan perbarengan perbuatan pidana atau perbarengan tindak pidana (samenloop) yang terjadi di dalam masyarakat. Hal tersebut bisa terjadi dimana satu orang melakukan satu kejahatan tapi tidak jarang terjadi satu orang melakukan beberapa kejahatan baik dalam waktu yang sama di tempat yang sama. Disisi lain, ada juga satu orang yang melakukan beberapa kejahatan pada waktu yang berbeda di tempat yang berbeda pula yang dalam hukum pidana dikenal dengan istilah perbarengan perbuatan pidana atau perbarengan tindak pidana (samenloop) atau dalam bahasa belanda ialah sameloop van strafbare feiten. Penelitian ini menggunakan metode normatif, dengan menggunakan analisis deskriptif kualitatif. Adapun hasil penelitian ini menunjukkan bahwa ada tiga bentuk perbarengan tindak pidana yaitu concursus idialis, perbuatan berlanjut dan concursus realis sedangkan sistem pemidanaan dalam perbarengan tindak pidana dapat diterapkan tiga stelsel yaitu stelsel absorpsi, stelsel kumulasi dan stelsel kumulasi terbatas.Kata kunci: KUHP; sistem pemidanaan; perbarengan tindak pidana.

The Safest Country in the World? Notions of Risk and Security in the Japanese Private Security Industry

This paper tackles the question of what kind of views on risk and security prevail in the Japanese private security industry and analyses its discursive structure. A theoretical framework based on the Copenhagen School’s concept of securitisation and its modification by Olaf Corry-the model of riskification-is used to explain processes of shaping notions of risk and security within the discourse. By analysing newspapers and professional magazines, it can be observed that by constantly pointing out the risks, the environment of the private security industry slowly changes, giving private companies further opportunities to act as a positively acknowledged part of society. It is not them, however, who actively shape these circumstances; rather, the broader range of activities are enforced and legitimised by the police that seems to be increasingly interested in joint crime prevention strategies.