Workplace Cyberbullying in Organizations With Criminal Intent and Subtle Means

This chapter examines the effects of workplace cyberbullying in organizations that are done with criminal intent with subtle means and explores various research reports as the remedial measures to control this social menace. It explores workplace cyberbullying as a hate crime and harassment at the workplace by the perpetrator with criminal intent. The chapter justifies with evidence gathered through research across the world, as to how workplace cyberbullying is perpetrated with subtle means. It also explores with various research studies how workplace cyberbullying is growing as a social menace. The menacing effects are categorized into psychological, social, and organizational in the chapter and are analysed as to how the perpetrator plans their modus operandi to inflict pain in the workplace.

The Financial Crisis on Trial: What Went Wrong

Americans demanded retribution from the mortgage lenders whose subprime loans defaulted and from investment bankers whose mortgage-backed securities sharply declined in value in 2007, leading to financial panic and the Great Recession. From 2008 to 2019, the federal government extracted hundreds of billions in fines from dozens of corporations, but few individual business executives were held accountable, and no senior banker was convicted of a crime. I use the trial court record of five government enforcement cases against individuals to explain this apparently anomalous result. I conclude that, in addition to a lack of funding, the prosecution effort was hindered by the government’s erroneous selection of cases to pursue. Further, the diffused nature of decision making in the mortgage finance market made it difficult to prove that any one senior-level participant had the criminal intent necessary for a conviction or a Securities and Exchange Commission civil fine or injunction. The trial results also support the argument that the growth and consolidation of investment banks from 1990 to 2008 created incentives for misconduct within the firms.

Association of AVPR1A Polymorphism with Criminal Intent

Background: The human behavior is influenced by genetic as well as environment components. Likewise, the aggressive behavior having an intent of criminality is also governed by both environmental and genetic makeup. Aim: The genetic element has been explored by analyzing the microsatellite RS1 and RS3 of AVPRIA gene which showed strong variations in short tandem repeats (STRs) of convicted offenders when they were compared with normal population. Methods: Blood samples of 100 convicted offenders were taken and DNA was extracted using PCI protocol. The PCR was then carried out using primers and the products were send for gene sequencing. The results were compared with that of general population having no history of crime or psychological abnormality. Results: The microsatellite RS1 and RS3 of AVPRIA gene showed strong variations in short tandem repeats (STRs) of convicted offenders when they were compared with normal population. Keywords: AVPR1A, criminal intent, PCR

Vinovăția în cazul infracțiunilor comise de persoana juridică

The following paper aims to briefly address one of the most pressing issues arising in connection with the criminal liability of the legal person, namely the determination of its form of criminal intent, with reference to the relationship between the criminal intent of the legal person and that of the individual along with the provision of aspects to be taken into consideration when analyzing such elements. At the same time, the paper draws attention to the risks to which the legal person may be exposed if it does not fulfill its control and supervision obligations.

Features of operation regulation with virtual assets for mining activities

The article deals with the peculiarities of suspicious transactions in financial markets related to the use of cryptocurrencies, it also studies current issues regarding the classification of virtual assets. The features of countering suspicious transactions in financial markets associated with the use of cryptocurrency are highlighted. Topical issues of taxonomy of virtual assets and risk assessment of service providers' activities in assessing the risk of operations with virtual assets related to their use in legalization operations are investigated. The concepts of regulation of virtual assets are considered. The concept of mining, the problem of the relationship of varieties of mining activity to the classification of certain types of activity, its legalization are defined, and recommendations for the classification of mining activities are given. The relationship between miners, validators and virtual asset providers (VASP) in the event of a cyberattack or in the presence of certain rights to the network has been analyzed, which leads to the classification of this type of activity as risky regarding the use of cryptocurrencies with criminal intent. It is also underlined the need to introduce a risk-based approach to countering money laundering and terrorist financing (AML / CFT) by national state supervisory and law enforcement agencies, enterprises involved in the virtual asset market, preventing threats and developing a legislative framework for regulation the crypto market and interaction on these issues at the international level.

Unauthorized Food Manipulation as a Criminal Offense: Food Authenticity, Legal Frameworks, Analytical Tools and Cases

Food fraud is a criminal intent motivated by economic gain to adulterate or misrepresent food ingredients and packaging. The development of a reliable food supply system is at great risk under globalization, but Food Business Operators (FBOs) have a legal obligation to implement and maintain food traceability and quality at all stages of food production, processing, and distribution. Incidents of food fraud have a strong negative impact on consumer confidence in the food industry. Therefore, local and international regulatory mechanisms are established to prevent or mitigate food fraud. This review brings new perspectives linking EU and US legislation, as well as new definitions and descriptions of the criminal aspect of food fraud incidents. It also describes certain new insights into the application of state-of-the-art methods and techniques that provide valuable tools for geographic, botanical, or other chemical markers of food authenticity. The review also provides an overview of the most common cases of food fraud worldwide from 2010 to 2020. Further research is needed to support the development of predictive models for innovative approaches to adulteration, especially when some valuable nutrients are replaced by toxic ingredients. A possible solution to minimize food fraud incidents is to increase the level of risk-based inspections, establish more productive monitoring and implementation of food protection systems in the supply chain, and implement better ingredient control and certification. National and international (e.g., regional) police offices for food fraud should be introduced, possessing knowledge and skills in food, food safety, food processing, and food products, as initial positive results have emerged in some countries.

Insanity of Kenya’s ‘Guilty but Insane’ Verdict

A person may be insane while committing an unlawful act, leading them to raise the defence of insanity in court. This defence argues that the person’s illness prevented them from having the criminal intent needed to satisfy the mens rea requirement for criminal responsibility. The successful establishment of this defence in Kenya leads to the court issuing a special verdict of ‘guilty but insane’ (GBI). This verdict sees that the defendant is incarcerated in a place of safe custody where they can be treated for the illness that contributed to their commission of the offence. While isolation and treatment of the defendant form the primary aims of the verdict, this paper demonstrates that they are barely achieved in Kenya. This is because the conditions crucial to the verdict’s implementation–medication and therapy, a place of custody and the presence of psychiatrists–are wanting in the country. After examining the institutional barriers to the realisation of the verdict’s objectives, the paper studies various responses to these challenges by Kenya and Ghana. It finds solutions that promote the realisation of the verdict’s aims such as the provision of educational opportunities in forensic psychiatry.

Actus Reus

Actus reus is an area of substantive criminal law and is an act by an individual that is deemed to be improper by societal laws. It is one of the elements of a crime and works in connection with mens rea or criminal intent. Illegal or immoral thoughts cannot be legally punished, but once those thoughts are put into action, there is a concurrence between the two elements. There are three types of actus reus, which include a voluntary act, possession, and omission. Within actus reus voluntariness is presumed on the part of the actor. If an accused party wishes to claim an action was involuntary, then an excuse defense would be necessary in criminal court. Possession is also a type of actus reus when an individual is in the possession of or has the possession of an item that is known by the individual to be illegal under the law. As an example, if a person is wearing a jacket that contains a bag of marijuana in the pocket and the person knows that the substance is illegal, then even if the marijuana is not the wearer’s marijuana, the action of possession is fulfilled due to the marijuana being an illegal substance. Omission is the third type of criminal act. Omission is satisfied when a person does not act when that person is required under law to do so. A person would be required to act when there is a contractual obligation to act or a duty to act, such as would be the case of a parent and a child. The parent has a duty to act to protect the child from harm. A defense to possession or omission is possible. Defenses include an alibi or an affirmative defense. A justification defense is one type of an affirmative defense where the accused party claims the action was not criminal given the circumstances of the situation such as duress, etc. An excuse defense is the second type of an affirmative defense in which the accused claims they should not be held accountable for the improper conduct for a reason such as age, intoxication, or insanity. Incomplete offenses, known as inchoate crimes, have their own section within criminal law but are treated similarly to completed offenses.

Novo-Lenino: criminal activity and rehabilitation

The results of a crime localization study in Russian cities are presented. A long-term model of urban environment influence on criminal intent is proposed. Social and spatial causes of rising criminal level and later urban reconstruction methods are shown on the example of Pruitt-Igoe (St. Louis) and Bijlmer (Amsterdam) districts. A model for the reconstruction of the Novo-Lenino district in Irkutsk is proposed. Measures have been developed considering the historical dynamics of the region and its unique features.

Real Estate as an Object of Criminal Offenses

The article provides a comprehensive scientific analysis of real estate as a subject, which is aimed at the criminal-illegal influence of the offender. The main features of real estate and criteria for its classification are given. The main typical ways of encroachment on real estate depending on its economic component, useful properties or realization of other criminal intent are systematized. The basic criteria which do not allow to carry real estate to a subject of encroachment at theft, robbery and a robbery are resulted. The list of criminal offenses, the subject of which may be real estate, is systematized and the types of such property are given. Real estate is analysed as a subject of separate criminal offenses against property — extortion and fraud. In case of committing such criminal offenses, damage to real estate may not be caused. On the contrary, real estate can even be improved. Therefore, in such cases, property damage is the unlawful deprivation of the owner of the opportunity to exercise his powers over the property. It is also established that quite often real estate is the subject of criminal offenses in the field of state registration of rights to immovable property committed by special entities. The system of criminal offenses, which consist in illegal destruction and damage of certain types of real estate, is analysed. Mostly such property is buildings and structures for various purposes. A separate way of criminal influence on real estate is the threat of its destruction or damage. Also, quite often the threat of destruction of real estate can be a way of committing other criminal offenses, which mainly consist in forcing the victim to perform certain actions or refrain from them. The ways of criminal-illegal influence on such type of real estate as a land plot are given. In this case, in the case of committing certain criminal offenses against the environment, land activity should not be considered as an object of immovable property, but as an element of the environment.