Hasil untuk "Criminal law and procedure"

Andrzej Uhl

Although it is broadly agreed within jurisprudence that wrongful convictions should be avoided even at the cost of effective prosecution, such a view has been losing popularity globally with the general public, who increasingly prioritise the punishment of the guilty over the non-punishment of the innocent. This study attempts to extend the limited research into public opinion on the trade-off between wrongful convictions and erroneous acquittals. A representative sample of German ISSP (German edition of International Social Survey Program) respondents is employed to test a set of hypotheses regarding preference for either error of justice. The aversion to punishment of an innocent person was particularly strong among west German respondents and respondents with high educational attainment, while no distinct preference was established for social groups marked by a high fear of crime or at risk of wrongful conviction. At odds with codified rules on evidence and procedural safeguards, legalists, who advocate unconditional adherence to the law, would often rather see the innocent condemned than the guilty acquitted. These findings are subsequently compared with studies conducted in other jurisdictions and discussed in consideration of the social and cultural norms of contemporary German society. The results can fill a research gap by explaining aspects that shape the readiness to sacrifice the freedom of a potentially criminal other to protect the remainder of society against perceived threats.

Jovana Rajić Ćalić

Temporary-work agencies present in the labor market worldwide as a result of the flexibilization of work, economic crises, globalization, and digitalization, as well as the unemployment. There are more people looking for employment than jobs offered by employers for recruitment. Those kinds of situations may put workers employed through agencies in a discriminatory position. In addition, law systems mostly do not regulate the establishment and terms of temporary-work agency. As a result, so-called agency workers are offered bad terms of work, which can lead to abuse of this institute. On those grounds agencies for temporary employment are established, creating a triangle of contract relationships. The employee is therefore responsible for his work to an agency, and there is a special relationship between the user undertaking and the temporary-work agency. This kind of relationship might be positive for employees and their rights, first of all as regards the additional chances for employment. It might be also welcome for a user undertaking in urgent need of hiring, inter alia. On the other hand, this kind of work might cause more vulnerability for workers, in the sense of minoring their working rights. In this paper, the author brings up the thesis that the lack of provisions for work of agencies for temporary employment and the lack of supervision of their work might put agency workers in a discriminatory position compared to other workers, and it might also lead to their exploitation. It can be also argued that the work of these agencies requires the permanent protection of agency workers.

Nelson Santos

Vilić Vida

The coronavirus pandemic affects all segments of human life around the world. Due to the risk to people's health, personal communication has been completely changed and most professional activities and contacts must take place in a cyber environment, with the help of computers and mobile telephony. On-line communication and the use of social networks undoubtedly represent a conditio sine qua non in a situation when compliance with numerous preventive measures are required, including the work from home, online teaching in schools, a ban on gatherings etc. The positive aspects of this kind of communication are undoubtedly obvious and necessary, but they also created new forms of victimization due to insecure protocols for sending e-mails, inadequate level of privacy protection, insufficient information security, the existence of so-called security holes and the use of the same devices and digital services for professional and private purposes. Hacking phishing activities during the pandemic mostly endangered the security of confidential data collected within medical information systems, educational institutions, and in the field of banking, when the user is expected to compromise his/her digital identity and publish his/her data. The subject of this paper is the presentation of some of the most common phishing activities and identity theft in the field of health care, provision of health services, procurement of medicines and vaccines against coronavirus, which have been recorded in the world since the beginning of the pandemic. The phishing activities that will be presented in this paper significantly contribute to the further spread of panic from the misuse of medical data of infected persons and their contacts. The paper aims to point out the most common forms of victimization that have appeared around the world, as a consequence of cyber security violations due to hacker attacks during the COVID- 19 pandemic. Special emphasis in the paper is on these “pandemic” cyber dangers, as well as on the mechanisms for avoiding this type of victimization.

Masahiko Yatsushiro, Midori Katsuyama, Takuma Nakamae et al.

The 7-month-old girl was left in a nursery until following morning. About 3 h after being given milk, she was found dead in a right lateral supine position. There was no external evidence of injury to suggest a maltreatment. Hemorrhages were present in the accessory respiratory muscles, but the most notable findings were masses on either side of the trachea and immediately inferior to the thyroid gland. Both of masses were in continuity with the intrathoracic thymus. Histopathologically, the masses showed normal thymic structure and collagen fibers on the left side of the trachea showed metachromasia on Masson’s staining. There were no remarkable findings in organs except for congestion. The cause of death was determined to be mechanical asphyxia due to tracheal compression by the cervical ectopic thymus. Hemorrhage in the accessory respiratory muscle was considered to be caused by effortful breathing during the process of asphyxia. The metachromasia of Masson's stain on the trachea may be due to the same mechanism as a “compression mark reaction”, and may be useful in proving compression by the ectopic thymus. We consider that chronic compression of the trachea led to the tracheomalacia, which enabled the final lethal compression when lying in a right lateral supine position. An ectopic thymus is caused by a failure of descent of the embryonic thymic tissue into the thoracic cavity at the appropriate developmental stage and is generally asymptomatic. However, the cervical ectopic thymus should be considered in the diagnosis of a cause of sudden infant death.

Richard E. Overill, Jan Collie

Unlike conventional forensics, digital forensics does not at present generally quantify the results of its investigations. It is suggested that digital forensics should aim to catch up with other forensic disciplines by using Bayesian and other numerical methodologies to quantify its investigations’ results. Assessing the plausibility of alternative hypotheses (or propositions, or claims) which explain how recovered digital evidence came to exist on a device could assist both the prosecution and the defence sides in criminal proceedings: helping the prosecution to decide whether to proceed to trial and helping defence lawyers to advise a defendant how to plead. This paper reviews some numerical approaches to the goal of quantifying the relative weights of individual items of digital evidence and the plausibility of hypotheses based on that evidence. The potential advantages enabling the construction of cost-effective digital forensic triage schemas are also outlined.Key points The absence of quantified results from digital forensic investigations, unlike those of conventional forensics, is highlighted. A number of approaches towards quantitative evaluation of the results of digital forensic investigations are reviewed. The significant potential benefits accruing from such approaches are discussed.

Redakcja PPK

Eva Aluvaala Nambati, Muturi Njoka, Fred Eyase et al.

The uptake of forensic DNA testing technologies in Africa has been slow despite the revolutionary technology being discovered and adopted 3 decades ago. African governments and partners have invested in construction and equipping of forensic laboratories in Africa but the benefits are yet to be realised as the laboratories are still faced with the challenge of shortage of adequately trained personnel.This paper describes an innovative multidisciplinary training approach that was developed and used to train officers from the Directorate of Criminal Investigations Kenya.We report on the structure, implementation and effectiveness of the training. It is expected that with the increased number of trained forensic DNA analysts, there will be an improvement in quality of forensic DNA evidence presented in courts and a reduction in backlog in the forensic biology laboratories in Kenya.

Marta Cedenilla Vecina, Ana Jiménez-Perianes

El Síndrome de Munchausen por Poderes (SMP) es una forma de maltrato infantil poco frecuente que causa una elevada morbimortalidad, teniendo un difícil diagnóstico y manejo de la situación posterior. El niño es víctima de una enfermedad inducida o simulada por uno de los padres, generalmente la madre, o cuidadores, sometiéndole a diversos estudios médicos, tratamientos innecesarios, hospitalizaciones y procedimientos diagnósticos invasivos y perjudiciales para el niño. Se realiza una revisión de los distintos estudios acerca del SMP en las últimas décadas del s.XX y las primeras del s. XXI.

von Lampe Klaus

Miranda Risang Ayu Palar, Lailani Sungkar

Legal means to obtain the recognition of indigenous communities in Indonesia are still scattered in a number of different regulations. Law on Village 2014 also obligates the government to arrange the system to conduct legal acknowledgements for Adat Villages. Tarung Village is a traditional village which situated in West Sumba Regency. The Members are still living in their own customary laws and embracing their local spiritual belief system as a living culture. Until recently, their village haven’t yet enjoyed the formal ackonwledgement they deserve as a united indigenous community nor as Adat Village. A number of mechanisms to obtain the acknowledgment require particular processes of identification and validation. This research is an initial effort to undertake the processes. In addition, it also aims to conduct a defensive legal protection by documenting the customary laws with interview method. The result displays the legal means to gain the existential acknowledgement which had been undertaken by the custodians of The Village and the Local Government.

Óscar Herrero, Sergio Escorial, Roberto Colom

Research findings suggest that sex offenders show worse performance than the general population in neuropsychological tests. Nevertheless, moderators such as age of the victim, use of antisocial control groups, and characteristics of administered measures have been highlighted. Here, 100 participants completed a battery of cognitive measures tapping fluid reasoning, verbal ability, and three basic executive processes (inhibition, switching, and updating). They were matched by educational level and classified in four groups: controls, non-sex offenders, rapists, and child abusers. The analyses revealed that rapists showed lower fluid reasoning scores than controls and child abusers. Furthermore, rapists and child abusers showed lower executive updating performance than controls and non-sex offenders. Importantly, child abusers did show fluid reasoning scores on a par with controls (controlling for updating differences), but their executive updating performance was equivalent to the one revealed by rapists (controlling for fluid intelligence differences). Implications of these findings for the design of efficient intervention programs are discussed.

Mosgan Situmorang

Remisi adalah salah satu hak narapidana yang diatur dalam Undang-Undang Nomor 12 Tahun 1995 Tentang Pemasyarakatan. Remisi diberikan setidaknya dua kali dalam setahun yaitu pada peringatan hari kemerdekaan setiap tanggal 17 Agustus dan pada hari besar keagamaan. Pada dasarnya setiap warga binaan pemasyarakatan termasuk anak pidana berhak mendapat remisi asal memenuhi syarat-syarat tertetu yang diatur dalam perturan perundang-undangan. Pada tahun 2012 pemerintah mengeluarkan peraturan pemerintah yang bernuansa pengetatan pemberian remisi terhadap narapidana tertentu, dimana salah satunya adalah terhadap narapidana korupsi. Pengetatan pemberian remisi terhadap narapidana korupsi saat ini menimbulkan pro dan kontra. Hal ini muncul setelah adanya keinginan Menteri Hukum dan Ham untuk merevisi peraturan pemerintah Nomor 99/2012. Hal ini banyak ditentang terutama oleh penegak hukum dan masyarakat penggiat anti korupsi. Akan tetapi sebagian anggota DPR justru mendukung keinginan Menteri Hukum dan Ham tersebut. Untuk mengetahui lebih lanjut mengenai pemberian remisi ini maka diadakan penelitian dengan judul seperti di atas. Permasalah yang akan diteliti adalah mengenai pola pemidanaan dan hubungannya dengan pemberian remisi, prosedur pemberian remisi, pengawasan dan aspek positif daan negatif pemberian remisi. Metode yang digunakan adalah normatif empiris. Berdasarkan hasil penelitian disimpulkan bahwa terdapat perbedan pola pemidanaan dan pola pembinaan narapidana, pengetatan pemberian remisi dengan mensyaratkan adanya surat keterangan Justice Collaborator berpotensi menghilangkan hak narapidana korupsi, pengawasan belum dilaksanakan sebagaimana mestinya, aspek positif pemberian remisi terhadap narapidana korupsi dapat Abstract Remission is one of convict rights ruled in the Law Number 12 Year 1995 concerning Correctional. It is given, at least twice a year that is in independence day of Indonesia on 17 August and in religious holidays. Basically, all convicts including criminal child have right to remission during meet certain requirements as ruled in legislation. In 2012, government issued regulation that have a tight remission to a certain convict such as corruptor. Obviously, it became pros and cons. It came up from the Minister of Law and Human Rights to revise Government Regulation Number 99/2012. Its policy made arguing from many parties especially law enforcers and anti-corruption activists. But, some legislative members (DPR) precisely, supported the Minister` will. This research is intended to know further information of this remission. The focus of this research is about pattern of criminalization and its correlation with remission, procedure of remission, supervision and positive and negative aspects. It is a empirical normative method. It concludes that there are differences between pattern of criminalization and pattern of convict instilling, a tight remission with a letter from justice collaborator have potential to delete corruptor rights, supervision carried out improperly, positive aspect of remission to corruptor can lessen budget, while negative aspect can be abused. It suggests that Government Regulation Number 99/2012 must be revised.

Ricardo Posada Maya

Cybercrimes are crimes with particular characteristics in regards to the action, the subject, the result and the imputation. Characteristics that show that the theory of crime must be complemented and revised again in some of its aspects, and in that way be able to explain and apply these digital phenomenologies that usually happen in virtual and delocalized realities, in which we can see a less direct intervention of human beings. This text wants to add some concerns about the theory of traditional typicity in face of these new paradigms of criminality.

José Luis Arriaga Ornelas

Este artículo se deriva de una investigación que se propuso realizar la genealogía de la delincuencia organizada. Funda sus principios teóricos y metodológicos en algunas de las “ideas fuertes” del trabajo de Michel Foucault. Específicamente, aquí se presenta un análisis “arqueológico” del discurso de la delincuencia organizada, para entender sus condiciones de posibilidad y el poder de afirmación, que se expresa en las prácticas encaminadas al castigo penal.

Jan Sachs

See abstract in article.

Per Ole Träskman

See abstract in article.

Jónatan þórmundsson

Islandsk kronik

Dorothy Crelinsten

Mrvić-Petrović Nataša

The author points out some practical consequences of non-coherence of penal system such as: incomplete legal protection of domestic violence victims and inefficiency of prevention measures regarding domestic violence. Therefore author advocates for changes of administrative law of the Republic of Serbia. Those changes will, on one hand, clarify conception, place and function of misdemeanor in the penal system and, on the other hand improve protection of domestic violence victims. This second goal could be achieved through new misdemeanor offences (applicable to cases of domestic violence and broader, to people living in the same household), and new protective orders, which could be imposed individually or as supplementary to existing penalties. The content of protection orders should be a warning to a perpetrator or supervision of his behaviour.