Hasil untuk "Criminal law and procedure"

Marcos Afonso Johner

Desde a Constituição de 1988, separadas estão as funções de acusar e de julgar o caso penal (art. 129, I). Com o advento da Lei n. 13.964/2019, o legislador expressamente atribuiu ao direito processual penal a estrutura acusatória, com o propósito de vedar a substituição do órgão de acusação pelo magistrado, retirando, deste último, poderes ex officio, como, v.g., para deflagrar a ação penal, decretar medidas cautelares e produzir provas. Nesse contexto, debate-se acerca da (in)compatibilidade do art. 385 do CPP, que permite ao juiz condenar mesmo nos casos em que o Ministério Público opina pela absolvição, com a Constituição e a estrutura acusatória. O artigo explora a problemática, indicando os argumentos favoráveis à validade do dispositivo em questão, bem como os argumentos que o reputam incompatível com o processo penal acusatório. Por fim, o artigo propõe uma solução interpretativa para o art. 385 do CPP.

Victor Siqueira Serra

O texto aborda os desafios da escolarização de adolescentes e jovens atendidos pelo Serviços de Medidas Socioeducativas em Meio Aberto do Rio Pequeno. Por meio de um estudo de caso institucional, analisou-se as barreiras enfrentadas por esses adolescentes e jovens em seu território, como estigmatização, vulnerabilidade socioeconômica, defasagem escolar e a desconexão entre práticas pedagógicas e realidades vividas. A conclusão reforça a necessidade de políticas públicas integradas e formação continuada para educadores, promovendo uma educação dialógica e inclusiva que vá além do cumprimento normativo, garantindo suporte individualizado e um ambiente escolar acolhedor e transformador.

Riccardo Pozzi, Valentina Barbera, Renzo Alva Principe et al.

Criminal investigations often involve the analysis of messages exchanged through instant messaging apps such as WhatsApp, which can be an extremely effort-consuming task. Our approach integrates knowledge graphs and NLP models to support this analysis by semantically enriching data collected from suspects' mobile phones, and help prosecutors and investigators search into the data and get valuable insights. Our semantic enrichment process involves extracting message data and modeling it using a knowledge graph, generating transcriptions of voice messages, and annotating the data using an end-to-end entity extraction approach. We adopt two different solutions to help users get insights into the data, one based on querying and visualizing the graph, and one based on semantic search. The proposed approach ensures that users can verify the information by accessing the original data. While we report about early results and prototypes developed in the context of an ongoing project, our proposal has undergone practical applications with real investigation data. As a consequence, we had the chance to interact closely with prosecutors, collecting positive feedback but also identifying interesting opportunities as well as promising research directions to share with the research community.

Konstantin V. Getman, Oleg Kochukhov, Joe P. Ninan et al.

We explore the empirical power-law relationship between X-ray luminosity (Lx) and total surface magnetic flux (Phi), established across solar magnetic elements, time- and disk-averaged emission from the Sun, older active stars, and pre-main-sequence (PMS) stars. Previous models of large PMS X-ray flares, lacking direct magnetic field measurements, showed discrepancies from this baseline law, which MHD simulations attribute to unusually strong magnetic fields during flares. To test this, we used nearly simultaneous Chandra X-ray and HET-HPF near-infrared observations of four young Orion stars, measuring surface magnetic fields during or just after powerful PMS X-ray flares. We also modeled these PMS X-ray flares, incorporating their measured magnetic field strengths. Our findings reveal magnetic field strengths at the stellar surface typical of non-flaring PMS stars, ruling out the need for abnormally strong fields during flares. Both PMS and solar flares deviate from the Lx-Phi law, with PMS flares exhibiting a more pronounced deviation, primarily due to their much larger active regions on the surface and larger flaring loop volumes above the surface compared to their solar counterparts. These deviations likely stem from the fact that powerful flares are driven by magnetic reconnection, while baseline X-ray emission may involve less efficient mechanisms like Alfven wave heating. Our results also indicate a preference for dipolar magnetic loops in PMS flares, consistent with Zeeman-Doppler imaging of fully convective stars. This requirement for giant dipolar loops aligns with MHD predictions of strong dipoles supported by polar magnetic surface active regions in fast-rotating, fully convective stars.

Qihua Zhang, Maria Hilse, Stephanie Law

The growth of wafer-scale van der Waals (vdW) thin films and heterostructures by molecular beam epitaxy (MBE) is important for future applications in quantum technologies, next generation optoelectronic devices, and fundamental physics investigations. When grown using co-deposition methods that are typically used for compound semiconductor MBE, vdW materials typically show a high density of structural defects including twin or antiphase domains, spiral growth, and pyramidal growth. These defects are caused by the relatively weak film/substrate interaction and/or the poor wettability of typical substrates by many vdW materials. These difficulties can be mitigated using a multi-step growth procedure in which growth stages including nucleation and coalescence can be rigorously controlled, resulting in high-quality deposition of vdW thin films. This article will describe a general recipe for the growth of highly-crystalline wafer-scale vdW thin films by MBE.

Chien-yi Chang, Xin He

This paper explores the legal implications of violating "robots.txt", a technical standard widely used by webmasters to communicate restrictions on automated access to website content. Although historically regarded as a voluntary guideline, the rise of generative AI and large-scale web scraping has amplified the consequences of disregarding "robots.txt" directives. While previous legal discourse has largely focused on criminal or copyright-based remedies, we argue that civil doctrines, particularly in contract and tort law, offer a more balanced and sustainable framework for regulating web robot behavior in common law jurisdictions. Under certain conditions, "robots.txt" can give rise to a unilateral contract or serve as a form of notice sufficient to establish tortious liability, including trespass to chattels and negligence. Ultimately, we argue that clarifying liability for "robots.txt" violations is essential to addressing the growing fragmentation of the internet. By restoring balance and accountability in the digital ecosystem, our proposed framework helps preserve the internet's open and cooperative foundations. Through this lens, "robots.txt" can remain an equitable and effective tool for digital governance in the age of AI.

Rita Augestad Knudsen

Ill mental health is a key category for exempting individuals from criminal responsibility. Even in cases where a defendant has been found to have carried out the act, if mentally ‘ill enough’, the person could either be fully exempt from criminal responsibility and found not guilty – or be partially exempt and receive a reduced or special sentence on mental health grounds. Such outcomes might entail diversion into mental health treatment, sectioning – or release. In determining whether a mental health exemption is warranted in individual cases, ordinary practice is that psychologists or psychiatrists forensically assess the severity and nature of the accused’s impairment or disorder. While this might seem like a straightforward medical-juridical procedure of establishing evidence, this article uses a modified ‘genealogy of the present’ to show how mental health exemptions to criminal responsibility involve significantly more complexity. Looking to Norway and the UK, this article highlights differences in frameworks and implementation, including on matters of burden and nature of proof, and on causality. The article uses as an example the particular category of terrorism-related cases to bring out some of the contingencies involved. By doing so, the article shows the tensions inherent to the principle and practice of mental health exemptions, and its location between law, medicine, politics and security. Funding Acknowledgement This research was made possible by a STAIRS grant from the Norwegian Institute of International Affairs (NUPI), as well as by funding from C-REX (Centre for Research on Extremism), University of Oslo.

Jelena Matijašević, Nenad Bingulac, Darko Marinković

 In the last decade, digital evidence in criminal proceedings has become a key tool in modern forensic investigation, with the help of which it is possible to identify, analyze and verify information that can be crucial for making a decision in court proceedings. Digital data, through the perception of various forms of electronic records, are increasingly becoming the basic evidence in criminal cases, and because of this, no distinction is made between existing material evidence and modern digital evidence. In this research, the importance of digital evidence, its advantages and challenges in collection and processing, as well as the legal and ethical aspects of its use in criminal proceedings were pointed out and indicated. The importance of the methodological approach in the forensic analysis of digital evidence was also pointed out, all in order to achieve the admissibility of digital evidence before a criminal court. The challenges and opportunities presented by this evidence are drawn throughout the research and pointed out. The hypothesis of this research is contained in its title and refers precisely to controversial issues and the legislative application of digital evidence in criminal proceedings. The aim of the work is to consider this topic by looking at the new regulation and directive that have been passed and will only be adopted in 2026, but in principle to consider the issue of digital evidence through practice because this topic remains crucial for the further development of the judicial system in the digital age. During the writing of this research, an analytical method was used in order to consider the legislation of the European Union, and make a comparison with the domestic legislation. Then, the normative method was used when considering the criminal procedure and defining digital evidence, and certainly the deductive method was also used.

Matthew A. Bershady, Kyle B. Westfall, Shravan Shetty et al.

We measure the age-velocity relationship from the lag between ionized gas and stellar tangential speeds in ~500 nearby disk galaxies from MaNGA in SDSS-IV. Selected galaxies are kinematically axisymmetric. Velocity lags are asymmetric drift, seen in the Milky Way's (MW) solar neighborhood and other Local Group galaxies; their amplitude correlates with stellar population age. The trend is qualitatively consistent in rate (d(sigma)/dt) with a simple power-law model where sigma is proportional to t^b that explains the dynamical phase-space stratification in the solar neighborhood. The model is generalized based on disk dynamical times to other radii and other galaxies. We find in-plane radial stratification parameters sigma_(0,r} (dispersion of the youngest populations) in the range of 10-40 km/s and 0.2<b_r<0.5 for MaNGA galaxies. Overall b_r increases with galaxy mass, decreases with radius for galaxies above 10.4 dex (M_solar) in stellar mass, but is ~constant with radius at lower mass. The measurement scatter indicates the stratification model is too simple to capture the complexity seen in the data, unsurprising given the many possible astrophysical processes that may lead to stellar population dynamical stratification. Nonetheless, the data show dynamical stratification is broadly present in the galaxy population, with systematic trends in mass and density. The amplitude of the asymmetric drift signal is larger for the MaNGA sample than the MW, and better represented in the mean by what is observed in the disks of M31 and M33. Either typical disks have higher surface-density or, more likely, are dynamically hotter (hence thicker) than the MW.

Sabyasachi Chattopadhyay, Matthew A. Bershady, David R. Law et al.

We have re-observed $\rm\sim$40 low-inclination, star-forming galaxies from the MaNGA survey ($\upsigma\sim65$~\kms) at $\sim$6.5 times higher spectral resolution ($\upsigma\sim10$~\kms) using the HexPak integral field unit on the WIYN 3.5m telescope. The aim of these observations is to calibrate MaNGA's instrumental resolution and to characterize turbulence in the warm interstellar medium and ionized galactic outflows. Here we report the results for the H$\rm\upalpha$ region observations as they pertain to the calibration of MaNGA's spectral resolution. Remarkably, we find that the previously-reported MaNGA line-spread-function (LSF) Gaussian width is systematically underestimated by only 1\%. The LSF increase modestly reduces the characteristic dispersion of HII regions-dominated spectra sampled at 1-2 kpc spatial scales from 23 to 20 km s$^{-1}$ in our sample, or a 25\% decrease in the random-motion kinetic energy. This commensurately lowers the dispersion zeropoint in the relation between line-width and star-formation rate surface-density in galaxies sampled on the same spatial scale. This modest zero-point shift does not appear to alter the power-law slope in the relation between line-width and star-formation rate surface-density. We also show that adopting a scheme whereby corrected line-widths are computed as the square root of the median of the difference in the squared measured line width and the squared LSF Gaussian avoids biases and allows for lower SNR data to be used reliably.

Marie-Bénédicte Vincent

1958 has been identified by historians as the beginning of a new era for the memory of nazism in the federal republic of Germany. The revival of penal investigations against unpunished Nazi criminals played an important role in that political change. But what did the German population know about these trials and what was its awareness of this subject? This article analyses two daily newspapers of the south of Germany, one at a local level (the Sudkurier) and one at a supraregional level (the Suddeutschezeitung) in order to know what the population could really read about the trials of this decisive year 1958.

Muhyidin Muhyidin

Wrong understanding of jihad and mis-implementation in a non-war atmosphere (daar as salam), has given rise to radical attitudes that lead to violent acts of terrorism. Studies in this field are generally from the point of view of positive law and human rights as part of counter-radical thinking. This paper explains the background of thoughts that give rise to radical attitudes, and shows approaches to criminal law and Islamic law in the context of counter-radicalism. The legal instruments discussed are Law No. 15 of 2003 and Law No. 5 of 2018. The discussion of Islamic law takes the perspective of fiqh jinayat which is related to rebellion against the state and murder, the conditions for imposing rebellion and murder, and punishment for the perpetrators. Through this explanation, it is hoped that it can correct the meaning of the arguments for jihad which are the roots of radical attitudes.

Yi-Fan Zhao, Ruoxi Zhang, Zi-Ting Sun et al.

Magnetic topological states refer to a class of exotic phases in magnetic materials with their non-trivial topological property determined by magnetic spin configurations. An example of such states is the quantum anomalous Hall (QAH) state, which is a zero magnetic field manifestation of the quantum Hall effect. Current research in this direction focuses on QAH insulators with a thickness of less than 10nm. The thick QAH insulators in the three-dimensional(3D) regime are limited, largely due to inevitable bulk carriers being introduced in thick magnetic TI samples. Here, we employ molecular beam epitaxy (MBE) to synthesize magnetic TI trilayers with a thickness of up to ~106 nm. We find these samples exhibit well-quantized Hall resistance and vanishing longitudinal resistance at zero magnetic field. By varying magnetic dopants, gate voltages, temperature, and external magnetic fields, we examine the properties of these thick QAH insulators and demonstrate the robustness of the 3D QAH effect. The realization of the well-quantized 3D QAH effect indicates that the nonchiral side surface states of our thick magnetic TI trilayers are gapped and thus do not affect the QAH quantization. The 3D QAH insulators of hundred-nanometer thickness provide a promising platform for the exploration of fundamental physics, including axion physics and image magnetic monopole, and the advancement of electronic and spintronic devices to circumvent Moore's law.

Christopher Akiki, Lukas Gienapp, Martin Potthast

This technical report documents our efforts in addressing the tasks set forth by the 2021 AMoC (Advanced Modelling of Cyber Criminal Careers) Hackathon. Our main contribution is a joint visualisation of semantic and temporal features, generating insight into the supplied data on darknet cybercrime through the aspects of novelty, transience, and resonance, which describe the potential impact a message might have on the overall discourse in darknet communities. All code and data produced by us as part of this hackathon is publicly available.

A. V. Boyarskaya

The subject of study is the criminal-legal basis for an expedited procedure for adopting a court ruling when the accused person agrees with the charge. These issues are relevant, since in July 2020 the substantive legal basis of the expedited procedure in Russia was changed and now this procedure can only be applied in criminal cases of small and medium gravity.The aim of this work is to study the substantive legal basis of an expedited procedure of litigation from the point of view of the changes were made to it. The author expresses the thesis that the legislators did not quite reasonably link criminal-legal grounds of the expedited procedure with the system of categories of crimes.The methodology. The author used general scientific methods (dialectical, historical, methods of formal logic, system analysis) as well as method of formal legal interpretation of Russian Criminal Code and judicial decisions of Russian courts.The main results, scope of application. The criminal and legal basis of certain criminal procedure is a package of criminal law standards, for the implementation of which a certain criminal and procedural form is intended. The parameters of the substantive basis of criminal proceedings are set with the signs that shall be indicated in the Code of Criminal Procedure and may change. It directly refers to the expedited procedure for adopting a court ruling, by Chapter 40 of the Russian Criminal Procedure Code. Initially, it was assumed that the application of this procedure is permissible in criminal cases concerning crimes the punishment for which does not exceed 5 years imprisonment in accordance with the Russian Criminal Code. The expedited court proceedings began to be applied in criminal cases concerning crimes, the punishment for which does not exceed 10 years imprisonment in accordance with the Russian Criminal Code, since 2003. The Russian Supreme Court made an attempt to reduce the application of court proceedings provided by Chapter 40 of the Russian Criminal Procedure Code in 2019. It turned out to be successful. Legislators have changed the basic criterion that determines the substantive basis for an expedited procedure for adopting a court ruling. Now the system of categories of crimes is this basis. The system of categories of crimes presented in Article 15 of the Russian Criminal Code is not stable enough and is based on a set of provisions of this Code, but the sanctions for many crimes are not scientifically and practically grounded in this Code. In addition, the classification of crimes enshrined in Article 15 of the Russian Criminal Code is based on such a criterion as the nature and degree of public danger of the crime. These categories are among the most complex in the science of criminal law.Conclusions. The use of categories of crimes as a criterion for determining the criminal legal basis of the expedited procedure for making a court decision significantly complicates the application of the expedited procedure.

С. А. СТАРОСТИН, Н. В. АНИСКИНА

Введение: статья посвящена изучению теории и практики применения мер административного пресечения, реализуемых сотрудниками уголовно-исполнительной системы Российской Федерации в связи с совершением административного правонарушения. Обосновывается идея о влиянии эффективности применения сотрудниками уголовно-исполнительной системы мер административного принуждения не только на общий уровень пенитенциарной безопасности, но и на государственную безопасность в целом. Цель: установление особенностей применения мер административного пресечения в УИС с учетом специфики сферы правореализации. Методы: в основе проведенного исследования лежит диалектический метод научного познания. В статье использованы общенаучные (анализ, синтез, индукция и т. д.), частнонаучные и специальные методы познания (сравнительно-правовой, формально-юридический, статистический). Результаты: установлена сущность применения мер административного пресечения в УИС; изучена практика реализации норм, касающихся применения сотрудниками УИС мер административного пресечения; выявлены особенности их применения с учетом специфики сферы правореализации, такие как направленность на обеспечение пенитенциарной безопасности, предотвращение как административных правонарушений, так и преступлений, использование в большинстве случаев на территории учреждений УИС и др. Установлено, что правовая основа применения мер административного пресечения в уголовноисполнительной системе Российской Федерации нуждается в совершенствовании. Выводы: в целях повышения эффективности практики реализации мер административного принуждения в УИС сформулированы предложения по совершенствованию норм действующего законодательства, а именно обоснована необходимость закрепления в разд. V закона Российской Федерации от 21.07.1993 № 5473-1 определений терминов «применение физической силы» и «применение специальных средств», разграничения понятий применения и использования огнестрельного оружия, замены формулировки «оказание первой медицинской помощи» на «безотлагательное оказание пострадавшим первой доврачебной помощи». Также авторами приводятся аргументы в пользу целесообразности дополнения Федерального закона от 19.07.2018 № 197-ФЗ «О службе в уголовно-исполнительной системе Российской Федерации…» положением, закрепляющим за сотрудниками УИС обязанность по соблюдению норм уголовного законодательства (о необходимой обороне, крайней необходимости и иных обстоятельствах, исключающих преступность деяния) в случаях реализации мер административного пресечения.

Henry P. H. Chow

Drawing primarily on the concepts of self-control, differential association, and social bond, this paper explores delinquent and risk behaviour among high school students in a Canadian prairie city. A total of 262 students attending 14 high schools participated in a self-administered questionnaire survey. The results demonstrated that a notable number of students engaged in various risk (e.g., drinking, unprotected sex, and smoking) and delinquent (e.g., use of illegal substance, theft, and vandalism) behaviour. Multiple ordinary least-squares regression analysis revealed that males, older students, and those who had parents with a lower level of education, considered religion to be less important, scored lower on the self-control scale, indicated having more close friends who used illegal drugs, and reported having been a victim of violent or property crime were shown to have a greater likelihood of risk behaviour involvement. On the other hand, male respondents and those who scored lower on the self-control scale, associated with individuals who used illegal drugs, and reported having been a victim of violent or property crime were found to be significantly more likely to engage in delinquent behaviour. Policy implications of these results for institutional interventions are briefly discussed.

Chika O. Okafor

I investigate how political incentives affect the behavior of district attorneys (DAs). I develop a theoretical model that predicts DAs will increase sentencing intensity in an election period compared to the period prior. To empirically test this prediction, I compile one of the most comprehensive datasets to date on the political careers of all district attorneys in office during the steepest rise in incarceration in U.S. history (roughly 1986-2006). Using quasi-experimental methods, I find causal evidence that being in a DA election year increases total admissions per capita and total months sentenced per capita. I estimate that the election year effects on admissions are akin to moving 0.85 standard deviations along the distribution of DA behavior within state (e.g., going from the 50th to 80th percentile in sentencing intensity). I find evidence that election effects are larger (1) when DA elections are contested, (2) in Republican counties, and (3) in the southern United States--all these factors are consistent with the perspective that election effects arise from political incentives influencing DAs. Further, I find that district attorney election effects decline over the period 1986-2006, in tandem with U.S. public opinion softening regarding criminal punishment. These findings suggest DA behavior may respond to voter preferences--in particular to public sentiment regarding the harshness of the court system.

Richard A. Berk, Arun Kumar Kuchibhotla, Eric Tchetgen Tchetgen

In the United States and elsewhere, risk assessment algorithms are being used to help inform criminal justice decision-makers. A common intent is to forecast an offender's ``future dangerousness.'' Such algorithms have been correctly criticized for potential unfairness, and there is an active cottage industry trying to make repairs. In this paper, we use counterfactual reasoning to consider the prospects for improved fairness when members of a less privileged group are treated by a risk algorithm as if they are members of a more privileged group. We combine a machine learning classifier trained in a novel manner with an optimal transport adjustment for the relevant joint probability distributions, which together provide a constructive response to claims of bias-in-bias-out. A key distinction is between fairness claims that are empirically testable and fairness claims that are not. We then use confusion tables and conformal prediction sets to evaluate achieved fairness for projected risk. Our data are a random sample of 300,000 offenders at their arraignments for a large metropolitan area in the United States during which decisions to release or detain are made. We show that substantial improvement in fairness can be achieved consistent with a Pareto improvement for protected groups.