PENERAPAN RESTORATIVE JUSTICE DALAM PENYELESAIAN PERKARA TINDAK PIDANA PENIPUAN DAN PENGGELAPAN DI POLRESTABES MEDAN (The Implementation of Restorative Justice in The Settlement of Criminal Crimes of Fraud and Embezzlement at the Polrestabes Medan)

In the implementation of restorative justice or settlement of cases outside the court, there are no longer any minor criminal cases, but also include cases such as humiliation, persecution, fraud and embezzlement, negligence resulting in injuries, unpleasant acts, even theft, and gambling. The ultimate goal of this restorative concept hopes to reduce the number of prisoners in prison; removing stigma or labels and returning criminals to normal human beings; criminals can realize their mistakes, so they do not repeat their actions and reduce the workload of the police, prosecutors, detention centers, courts, and correctional institutions; saving state finances does not cause resentment because the perpetrator has been forgiven by the victim, the victim quickly gets compensation; empowering the community in overcoming crime, and reintegrating criminals into society. The problems, namely: settlement through restorative justice eliminates criminal acts, or not. This research is normative legal research. The results showed that: Settlement of criminal cases of fraud and embezzlement through restorative justice does not eliminate criminal acts. It is recommended that the criminal policy for settlement of cases should be changed not to retaliate but to restore the losses incurred for the parties in litigation.

The operational role and the importance of the application of criminal procedures during the investigation of the organized crime in Kosovo

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.

Criminal Policy, Security, and Justice in the Time of COVID-19

This study explains the necessary elements in controlling and reducing harmful and incompatible social phenomena with the nature of existence to design correct and challenging social and scientific models using comprehensive approaches to criminal policy and chaos theory.

Legal implications of the criminal policy of returning state financial losses by corporations in corruption criminal acts to restore state financial losses

The criminal policy of returning state financial losses to corporations as perpetrators of corruption in state financial losses is regulated as additional criminal sanctions in the form of confiscation of goods and payment of replacement money in Article 18 paragraph (1) letter a and letter b of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. The purpose of this study is to find out how the legal implications of the criminal policy of returning state financial losses by corporations as perpetrators of criminal acts of corruption are. This research includes normative legal research with several approaches, namely; Historical approach, statutory approach, case approach, and conceptual approach. The results of this study show that the existing criminal policy for recovering state financial losses still has various legal implications which result in non-optimal efforts to recover state financial losses due to corruption in state financial losses committed by corporations.

Methodology of Effective Seizure and the Confiscation of the Crime Assets

The paper deals with the methods of seizure of property in criminal proceedings and with the individual institutes that may be used for this purpose. This is a form of vademecum of the financial investigation, which is currently one of the priorities of criminal policy. The paper responds to the latest development of the decision-making activities of the courts and tries to point out to certain stereotypes that are already outworn by the decision-making activities in selected decisions.

The Development of the Norms and Institutions of Criminal Law in the Transcaucasia Region at the Beginning of the 19th Century

The authors study the development of criminal law in the Transcaucasia region of the Russian Empire in the early 19th century, and discuss the political and legal significance of the accession of Transcaucasia to the Russian Empire. The normative basis of the research is various agreements of the Russian Empire, including agreements with the Khanates of Northern Azerbaijan, the acts of the supreme power —decrees, manifests and instructions, as well as the corresponding narrative materials. The methodological basis of this research is the general dialectic method of scientific cognition, the methods of empirical and theoretical character: description, formalization, comparison, analysis, generalization, deduction and induction, hypothesis, as well as the special legal methods: formal legal, comparative legal. Research results made it possible to prove that, before Transcaucasia joined the Russian Empire, social relationships in the region, including criminal law ones, were regulated by both written and common law, and that state and political changes lead to changes in criminal legislation throughout the whole history. When Transcaucasia, which has a multi-national and multi-confessional population, joined the Russian Empire, the central government faced the task of working out a special criminal law policy of protecting the society from criminal infringements, as well as some other goals and tasks in this area. The authors determine the degree to which the borderland policy of the state influenced the development of the borderland criminal policy, describe legal acts that enacted changes in the criminal legislation. Special attention is paid to describing the institutions of criminal law that underwent changes though the participation of the state in this process; specifics of the goals and tasks of government coercion, as well as the general basics of sentencing are evaluated. The conducted analysis of the contents of historical legal acts allowed the authors to conclude that, after joining the Russian Empire, the essential tasks of the criminal law of Transcaucasia were, for the first time, formulated at the normative level, including such tasks as crime prevention and the protection of individuals and public safety from criminal infringements. The fundamental principles of humanism and justice, different from the previously dominant ones, were established in the criminal law.

Principles and Significance of Criminal Policy in the Field of Crime Prevention in the Educational Environment

The modern domestic education system is developing and improving. At the same time, it often remains unprotected from various kinds of threats and dangers of a criminal nature. Of particular concern is the criminality of students, who, as practice shows, often commit illegal acts directed against other participants in educational relations. It seems that the formation and development of criminal policy in the field of prevention of all existing criminal phenomena in the field of education has an important preventive potential in this aspect. In this article, the author reveals the general and special principles of criminal policy in this sphere of public relations. The author refers to the general principles of legality, justice, humanism, equality of citizens before the law, democracy, as well as the principle of the inevitability of responsibility in the implementation of criminal policy. In turn, the special principles of criminal policy in the field of crime prevention in the educational environment include: the principle of matching tasks, powers and resources; the principle of the proactive nature of strategic decisions; the principle of scientific; the principle of complexity; the principle of compliance with morality; the principle of purposefulness; the principle of combining unity of command and collegiality. The analysis of the implementation of these principles has shown that at present, oddly enough, they are often violated during the implementation of criminal policy. However, the author believes that such violations are inevitable, since, in an effort to comply with one principle, the state to a certain extent violates the second one. In general, the criminal policy is reflected primarily in the existing normative legal acts. The analysis of these acts shows that at the present time a lot of attention is paid to the criminal policy in the field of education, but there is still no unified state strategy for the development of this area. The main goal of criminal policy in the field of crime prevention in the educational environment, according to the author, is to influence criminal phenomena by developing theoretical ideas aimed at countering and preventing crime. The author notes that the modern criminal policy of Russia is formed in two directions. The first direction is to improve legislation, and the second direction implies the formation and improvement of criminology, which reveals the nature of the grounds of crime and develops measures to prevent it. It seems that the development of these areas, as well as other scientific research in the field of criminal policy in the field of crime prevention in the educational environment, will contribute to the development of a unified state system for the prevention of all existing criminal phenomena in the field of education.

Product Reviews by YouTubers: Education or Defamation?

One of the contents used by YouTubers to reach subscribers is by conducting product reviews. Based on their competencies, YouTubers convey an assessment of goods and services to the public and as a form of education to the public. This condition has the potential for legal problems if according to the producer or related parties that the results of the assessment by the YouTuber actually drop the goods or services being marketed. In this study, there are two problems discussed, namely, first; criminal policy of insult / and or defamation offenses in cyberspace, second; the principle of truth and public interest as the boundary between education or insulting and / or defamation. This research is a normative juridical method that examines the obscurity of norms regarding insult and / or defamation of product reviews submitted by YouTubers. The criminal policy for insult and / or defamation is regulated in Article 27 paragraph (3) of Law Number 11 of 2008 concerning Electronic Information and Transactions which must be linked to Articles 310 and 311 of the Criminal Code. Testing the principles of truth and public interest is very important to free YouTubers from criminal charges on charges of defamation / and or defamation

Criminal policy in countering corruption crimes related to bribery and other illegal remuneration (legislative aspect)

Criminal policy is part of state policy, defining the main objectives and means to influence crime through legislative activities related to change, first, criminal, criminal-procedural, criminal-executive legislation. Through a scientific methodology of a documentary nature, the objective of the research is to analyze the criminal and legal policy of the State in the fight against crimes related to bribery and other illegal remuneration. It should be noted that the criminal policy of crimes related to bribery and other illegal remuneration is currently in crisis. It is concluded that there is a tendency to increase the range of criminal acts related to illegal remuneration, to broaden the scope of the criminal regulation of liability for illegal remuneration by making changes and additions to the composition of offences related to illegal remuneration, and to criminalize new types of acts related to unlawful remuneration, which is associated with the assessment of the role of illegal remuneration as a particularly dangerous criminal phenomenon, which has a significant negative impact on protected public relations.

Modern strategies for countering special organized forms of extremist activity

Almost twenty years of operation of the Federal Law no. 114-FZ of July 25, 2002 “On Countering Extremist Activities” provide grounds for demonstrating the currently formed strategy of countering organized forms of extremist activity, presented in the development of the process of criminalization and criminal-legal adaptation of the acts enshrined in Articles 2821 and 2822 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation). The reproductive potential embedded in them made it possible to improve the mechanisms for combating the spread of extremist communities and extremist organizations. At the same time, the continuing growth of protest sentiments, an increase in the number and an increase in the level of organization of extremist communities and extremist organizations require the continuation of modernization of the course of criminal policy in this area. This is possible both by eliminating existing intra-industry conflicts and by deeper differentiation of responsibility.