The article is devoted to the study of judicial control as a fundamental instrument for ensuring proper evidence in the Ukrainian criminal process. The author emphasizes that judicial control, as exercised by the investigating judge, is not merely a procedural safeguard but also a constitutional mechanism for ensuring respect for human rights and freedoms during the collection, verification, and evaluation of evidence. The article outlines doctrinal and legal approaches to understanding the concept of judicial control and its place in the system of principles of criminal procedure, such as the rule of law, adversarial proceedings, and the presumption of innocence. Special attention is paid to the challenges posed by the legal regime of martial law. Under conditions of armed aggression, the expansion of powers of security authorities, and the increasing threats to fundamental rights, there is a growing risk that judicial control may be reduced to formal approval of investigative actions. The article analyzes the authorization of investigative and covert investigative (search) actions, the judicial review of the admissibility, relevance, and reliability of evidence, and the preservation of procedural balance between the prosecution and the defence even under critical circumstances. The study examines the provisions of current Ukrainian criminal procedure legislation, legal positions of the Constitutional Court and the Supreme Court of Ukraine, as well as the case-law of the European Court of Human Rights regarding the inadmissibility of evidence obtained in violation of human rights. The author argues that meaningful and effective judicial control at the pre-trial stage—even under conditions of limited time, objective risks, and security-related pressure—remains a vital safeguard of fair trial. A number of systemic problems are identified, including superficial examination of motions, excessive caseloads for investigating judges, and insufficient reasoning in judicial rulings. The article proposes doctrinal and procedural improvements to the implementation of judicial control under martial law, including strengthening the independence of investigating judges, ensuring the mandatory motivation of decisions, and enhancing procedural guarantees. The article is addressed to scholars, practitioners, legislators, and all those involved in adapting Ukraine’s criminal justice system to the challenges of armed conflict in line with European standards.
Corrections is a sub-system within the Indonesian criminal justice system, playing a key role in the treatment of Detainees, Children, and Inmates throughout all stages of the judicial process. However, the correctional functions as regulated under the Corrections Law have not yet been systematically integrated into the Criminal Procedure Code, which serves as the primary legal framework for criminal procedural law. This lack of integration potentially positions corrections as an institution external to the criminal justice system. This study aims to examine the current position of the correctional system within Indonesia’s criminal procedure law, assess the urgency of reforming the Criminal Procedure Code to accommodate the correctional system, and formulate an ideal integration model that aligns correctional functions within the broader criminal justice framework. This research employs a normative juridical method using statutory and conceptual approaches, and analyses them through descriptive qualitative techniques. The statutory approach focuses on an analysis of the Corrections Law, the Criminal Procedure Code, and the Draft of Criminal Procedure Code, while the conceptual approach applies legal concepts such as the correctional system and the criminal justice system. The results of this study highlight the importance of substantive reform in criminal procedural law to reflect integration and synchronisation of correctional roles in supporting the objectives of the criminal justice system. In the reform of the Criminal Procedure Code, it is necessary to regulate the position and function of corrections at the pre-adjudication, adjudication, and post-adjudication stages, particularly regarding the implementation of new types of punishment introduced in the new Criminal Code.
La evidencia en una investigación forense, exige el desarrollo y la aplicación de un análisis crítico de las imágenes, así como el estudio de su circulación y transformación.
Este trabajo plantea la necesidad de contextualizar el desarrollo histórico de la reconstrucción cráneo-facial, en el marco de las técnicas biométricas y de identificación facial y evaluar las posibilidades y limitaciones, que trae consigo su aplicación forense.
Se propone una puesta en contexto de las aplicaciones más recientes de la antropometría, así como la realización de un análisis de fortalezas, oportunidades, debilidades y amenazas, con el fin de alcanzar claridad, respecto de las condiciones en que resulta pertinente utilizarla y cuáles son profesionales forenses idóneos, a quienes solicitar su aplicación.
Finalmente, se concluye que, con el objeto de sacar el máximo provecho del empleo de la reconstrucción cráneo-facial forense, es necesario tener claros sus límites, contar con un perfil de los profesionales idóneos y moderar las expectativas respecto de sus alcances.
Wang Ngai Yeung, Riccardo Di Clemente, Renaud Lambiotte
Criminal networks such as human trafficking rings are threats to the rule of law, democracy and public safety in our global society. Network science provides invaluable tools to identify key players and design interventions for Law Enforcement Agencies (LEAs), e.g., to dismantle their organisation. However, poor data quality and the adaptiveness of criminal networks through self-organization make effective disruption extremely challenging. Although there exists a large body of work building and applying network scientific tools to attack criminal networks, these work often implicitly assume that the network measurements are accurate and complete. Moreover, there is thus far no comprehensive understanding of the impacts of data quality on the downstream effectiveness of interventions. This work investigates the relationship between data quality and intervention effectiveness based on classical graph theoretic and machine learning-based approaches. Decentralization emerges as a major factor in network robustness, particularly under conditions of incomplete data, which renders attack strategies largely ineffective. Moreover, the robustness of centralized networks can be boosted using simple heuristics, making targeted attack more infeasible. Consequently, we advocate for a more cautious application of network science in disrupting criminal networks, the continuous development of an interoperable intelligence ecosystem, and the creation of novel network inference techniques to address data quality challenges.
As large language models (LLMs) advance, concerns about their misconduct in complex social contexts intensify. Existing research overlooked the systematic understanding and assessment of their criminal capability in realistic interactions. We propose a unified framework PRISON, to quantify LLMs' criminal potential across five traits: False Statements, Frame-Up, Psychological Manipulation, Emotional Disguise, and Moral Disengagement. Using structured crime scenarios adapted from classic films grounded in reality, we evaluate both criminal potential and anti-crime ability of LLMs. Results show that state-of-the-art LLMs frequently exhibit emergent criminal tendencies, such as proposing misleading statements or evasion tactics, even without explicit instructions. Moreover, when placed in a detective role, models recognize deceptive behavior with only 44% accuracy on average, revealing a striking mismatch between conducting and detecting criminal behavior. These findings underscore the urgent need for adversarial robustness, behavioral alignment, and safety mechanisms before broader LLM deployment.
Daniel Catlin, Giulia Berlusconi, David J. B. Lloyd
Objectives: This paper incorporates time as a crucial variable to identify key players in criminal networks and explores how actors' positions change over time. It then assesses the accuracy of the results against the uncertainty around network data collected from criminal justice records. Methods: Network data are from a judicial document for a two-year investigation targeting a drug trafficking and distribution network. We use Katz centrality in its dynamic version to explore changes in relationships and relative importance of network actors. We then use a novel method of introducing new edges to the network using Bernoulli random trials to simulate missing data and assess the extent to which node rankings based on Katz centrality change or remain the same when introducing some level of uncertainty to our observed network. Results: We identify actors who consistently held a central role over the course of the two-year investigation and differentiate them from actors who provided key contributions to the group's activities, but only for a limited period. We show that compared to centrality measures commonly used in criminal network analysis, dynamic Katz centrality is helpful to differentiate individual contributions even among central nodes and explore individual trajectories over time, even when data are incomplete. Conclusions: This paper demonstrates the value of key player identification using temporal network data and offers an additional analytical tool to both organised crime scholars trying to capture the complex nature of criminal collaboration and law enforcement agencies aiming at identifying appropriate targets and disrupting criminal groups.
DNA evidence use in problems of civil and criminal identification is becoming greater. The necessity of evaluating the weight of that evidence may be accomplished using one of the most known powerful tools: the Bayesian networks. In the current paper this will be illustrated through the presentation of a civil identification problem and of a criminal identification problem.
This article examines the legal framework governing criminal investigations and proceedings in the Republic of Uzbekistan. Using doctrinal legal analysis, it outlines the code provisions related to inquiry, preliminary investigation, evidence gathering, rights of suspects and accused, procurator oversight, and court procedures. The objective is to elucidate the systematic approach underlying criminal justice administration in Uzbekistan, underscoring adherence to due process. The aspects include constraints on interrogation duration, attestation requirements for investigative actions, prosecutorial supervision safeguards, and judicial review principles. The study finds a robust legal structure emphasizing procedural fairness, transparency and accountability. It highlight the center on reducing bureaucratic delays in approvals, enhancing protections for juveniles and suspects, and limiting grounds for suspending inquiries. Streamlining procedures within human rights frameworks will strengthen public trust in the criminal justice system. Reforms must balance efficiency aims with upholding rule of law ideals.
Abstract The Prosecutor’s Office is the only constitutional body that carries out criminal prosecution, when it becomes aware of a criminal offense.1 Within the framework of the exercise of this constitutional right, when it becomes aware of a criminal offense, it must not necessarily pursue criminal prosecution. In all cases where it verifies that at first sight, or prima facie, there are legal reasons that prevent it from pursuing criminal prosecution, such as the cases: when the fact does not constitute a criminal offense, the criminal fact does not exist, the suspect dies, there are reasons for impunity related to the offense and the author, or in all other cases provided for in the law, the prosecution takes the decision not to initiate criminal proceedings.2 The prosecution takes the decision not to initiate criminal proceedings, when prima facie, it is clear that there is no criminal offense, or there are circumstances that do not allow the criminal proceedings to continue and investigative actions to be carried out. Given the nature of this decision, in which the prosecutor’s office only verifies and does not carry out investigative actions, the prosecutor’s decision must be quick. With the changes made to Article 291 of the Code of Criminal Procedure, the decision not to initiate criminal proceedings must be taken within 15 days from the moment of registration of the criminal report and not within 30 days as it was before the changes in 2017. This time change seems to be in accordance with the nature of this decision, since its taking has only verification and not investigative reasons. But how has this deadline been implemented in practice? What are the consequences of not respecting this deadline, in relation to the decision made? All of these will be part of the analysis of this manuscript.
The author examines the norms of the Statute of Criminal Procedure of 1864 with the purpose of establishing their moral foundations. The interest to this topic is conditioned by the following factors: the year 2024 is the anniversary year for the Statute (160 years since the adoption of one of the basic normative legal acts of the court reform of Aleksander II); the relevance of historical milestones of the establishment and development of Russian law in the modern conditions; the relevance of the topic of moral foundations in criminal proceedings whose development trends cannot be studied without the knowledge about their historical path. In the paper, the moral foundations are examined from the standpoint of criminal procedure activities and broken into groups to include clauses of the justice of criminal prosecution, the observance of the rights of criminal procedure participants, the conditions and procedure of the preliminary investigation and the court hearing, court costs, specifics of executing punishments and others. At the end the author draws conclusions regarding the moral foundations of the examined clauses of the Statute of Criminal Procedure of 1864 because it was due to this normative act that Russian criminal proceedings acquired a strong moral basis.
A tragédia da Boate Kiss ganhou repercussão nacional e, no último mês de dezembro, foi julgada no Tribunal do Júri. Todavia, a principal controvérsia que decorreu do julgamento veio justamente do Supremo Tribunal Federal. No último dia 16 de dezembro, o Ministro Luiz Fux, a bem da verdade, impediu que o Tribunal de Justiça do Rio Grande do Sul concedesse Habeas Corpus aos acusados. No limite, houve supressão da garantia do Habeas Corpus. Se mantida tal decisão pelo plenário, todavia, o Brasil poderá ser condenado no Sistema Interamericano de Direitos Humanos. Diante desse quadro, à luz da Constituição Federal, evidencia-se o fundamental papel que o Plenário do Supremo desempenhará no julgamento do caso concreto.
Criminal law and procedure, Social pathology. Social and public welfare. Criminology
José Manuel Rodríguez Jiménez, Miguel Ángel Canorea Ruiz, Alejandro Plaza Quesada
La alteración de motores en motocicletas implica modificar el motor original para mejorar el rendimiento o adaptarlo a necesidades específicas, aunque estas prácticas pueden derivar en riesgos de seguridad y problemas legales. Estos cambios pueden producirse por avería del motor y necesidad de un reemplazo, lo cual es inicialmente legal, o un cambio por un motor de mayor cilindrada que dotaría a la motocicleta de mayor potencia, pero también de mayor inestabilidad al no estar preparado el resto de componentes para ese aumento de potencia. La instalación de motores de mayor potencia en motocicletas no diseñadas para soportarlos puede comprometer la seguridad, generando inestabilidad y aumentando el riesgo de accidentes debido a frenos inadecuados, poniendo en riesgo no solo su seguridad, sino también la del resto de usuarios de la vía con el uso de dicho motor alterado.
El cambio de motor tiene su vertiente delictiva. El origen de dicho motor puede no ser lícito y, aunque el conductor del vehículo no sea responsable directamente de un delito de robo al no haber intervenido directamente en la sustracción del mismo, sí puede serlo de receptación si no posee la documentación que justifique que es comprador de buena fe. Dicha documentación trasladaría la responsabilidad del delito hacia el vendedor.
La determinación de la responsabilidad penal es secundaria cuando la dificultad principal es saber si los motores instalados pertenecen o no a dicha motocicleta. Para ello se ha realizado un estudio que permite aproximar, usando métodos matemáticos que determinan el grado de pertenencia, si el motor que porta una motocicleta es el que ha sido instalado originalmente en la misma o si proviene de una motocicleta ajena.
Social pathology. Social and public welfare. Criminology, Criminal law and procedure
Magnetic fields may play a crucial role in setting the initial conditions of massive star and star cluster formation. To investigate this, we report SOFIA-HAWC+ $214\:μ$m observations of polarized thermal dust emission and high-resolution GBT-Argus C$^{18}$O(1-0) observations toward the massive Infrared Dark Cloud (IRDC) G28.37+0.07. Considering the local dispersion of $B$-field orientations, we produce a map of $B$-field strength of the IRDC, which exhibits values between $\sim0.03 - 1\:$mG based on a refined Davis-Chandrasekhar-Fermi (r-DCF) method proposed by Skalidis \& Tassis. Comparing to a map of inferred density, the IRDC exhibits a $B-n$ relation with a power law index of $0.51\pm0.02$, which is consistent with a scenario of magnetically-regulated anisotropic collapse. Consideration of the mass-to-flux ratio map indicates that magnetic fields are dynamically important in most regions of the IRDC. A virial analysis of a sample of massive, dense cores in the IRDC, including evaluation of magnetic and kinetic internal and surface terms, indicates consistency with virial equilibrium, sub-Alfvénic conditions and a dominant role for $B-$fields in regulating collapse. A clear alignment of magnetic field morphology with direction of steepest column density gradient is also detected. However, there is no preferred orientation of protostellar outflow directions with the $B-$field. Overall, these results indicate that magnetic fields play a crucial role in regulating massive star and star cluster formation and so need to be accounted for in theoretical models of these processes.
Rian Saputra, Josef Purwadi Setiodjati, J. Barkhuizen
This paper aims to propose the implementation of electronic justice within the Indonesian criminal justice system, focusing on the reform of criminal law enforcement. The research methodology employed is normative legal research. The findings of the study reveal two key points. Firstly, it is crucial to regulate digital-based criminal justice at the legislative level, particularly through the reform of the Code of Criminal Procedure (KUHAP). The current implementation of electronic criminal trials presents challenges, and the legal foundation for conducting such trials is established by external entities rather than the legislative institution. Therefore, incorporating regulations on electronic criminal trials in future KUHAP reforms is vital to facilitate criminal law reform. As it stands, electronic criminal trials lack specific legal regulations. Secondly, the existing KUHAP does not sufficiently address the issue of technological advancements, as it cannot anticipate rapid changes in technology. Consequently, a legal framework should be established to address this issue. This framework should ensure the availability of modern technological devices and necessary resources to facilitate digital-based criminal justice. Additionally, it should introduce laws governing electronic courts and initiate legal reforms through the revision of Law Number 8 of 1981 concerning Criminal Procedure Law (KUHAP). To provide an example, the United States has regulated electronic criminal proceedings through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which implements fiscal stimulus policies and allows for video conferencing in certain cases. Such regulations can serve as a reference point for the implementation of electronic criminal proceedings in Indonesia.
People can be treated unjustly with respect to the level of credibility others accord to their testimony. This is the core idea of the philosophical idea of epistemic justice. It should be of utmost interest to criminal law which extensively deals with normative issues of evidence and testimony. It may reconstruct some of the long-standing criticisms of criminal law regarding credibility assessments and the treatment of witnesses, especially in sexual assault cases. However, philosophical discussions often overlook the intricate complexities of real procedural law and its underlying considerations. In its present form, the philosophical notion of epistemic injustice provides limited insights into legal discourse; it necessitates translation and adaptation. This study contributes to this endeavor by examining the contentious issue of testimony from witnesses who have undergone trauma-focused psychotherapy. Since the 1980s, courts worldwide were troubled with cases of false accusations based on false memories generated by suggestive therapeutic interventions. As a result, such post-therapy testimonies are discounted in one way or another in many jurisdictions. However, courts are still confronted with such testimonies, and the modi vivendi legal systems have established to deal with them continue to give rise to concerns about unjust treatment of witnesses. The question is thus whether legal rules or established practices of evaluating testimony based on memories which resurfaced after psychotherapy are epistemically and legally just. The paper presents seven ways in which courts may assess such testimonies and examines them in light of epistemic and procedural justice. Some of them prima facie constitute a form of epistemic injustice because they discount testimonies to an unwarranted degree. But these injustices might be justified by overriding principles favoring defendants. Nonetheless, the idea of epistemic justice, more broadly understood, inspires two principles that may serve as a foundation for a future conception of epistemic justice adapted to the law.
Objective: elucidating the potential of digital transformation for elaborating the optimal means and methods of collecting evidences and introducing scientific organization of labor of the officials implementing criminal procedure. The scientific approach within the concept consists in minimizing the costs of collecting evidentiary information in criminal cases in electronic form and by electronic means, as well as storing the criminal case materials in electronic form.Methods: dialectic method occupies the leading position among the research methods, the issues of electronic documentation being considered in the interaction and interdependence with information-technological development of the society. The set of scientific cognition methods within the research creates prerequisites for objective and comprehensive approach to the problems under study.Results: the authors’ concept of electronic evidence is a system of information-technological and legal views on the criminal-procedural form, which is intended for optimizing the process of collecting, registering and preserving them in the criminal case materials. The concept development is aimed at elaborating new approaches to organizing the work of investigation agencies and courts, taking into account the achievements in the sphere of information technologies, providing new techniques of collecting criminal-relevant, criminal-procedural, criminological significant information when investigating and hearing of a criminal case. The proposed concept is also aimed at improving interaction and in-service communication of the officials of the preliminary investigation bodies with the officials of information-technological systems for the purposes of collecting evidentiary information in electronic form.Scientific novelty: the changes were systemically analyzed, which are taking place in the contemporary information society, through the prism of the emerging problems between the sectoral criminal-procedural evidentiary law and more modern technological means of collecting evidentiary information. The article demonstrates a new approach to creating technological interaction using digital technologies, on the scientific base of organization of proving activity, intended to optimize and rationalize the process of proving in criminal procedure.Practical significance: the research materials can be used to prepare proposals on making changes and additions in the current legislation with a view of implementing the practice of already functioning models of criminal-procedural activity of foreign countries, an inexhaustible potential of information-technologies, software, and artificial intelligence to rationalize proving in criminal cases.
: Electronic evidence as an instrument in proving criminal acts has not been regulated in the Criminal Procedure Code. Currently, electronic evidence is only regulated separately outside the Criminal Procedure Code, of course this is contrary to the negative wettelijk evidentiary system where the evidence that can be used is limited to 5 evidence contained in Article 184 of the Criminal Procedure Code. The existence of differences in the regulation of electronic evidence affects the law enforcement process to be unclear and overlapping, some special criminal regulations state that electronic evidence can stand alone outside the Criminal Procedure Code, while others categorize electronic evidence as an expansion of existing evidence in the Criminal Procedure Code. The existence of this unclear arrangement results in legal uncertainty. On that basis, this research is limited to two subjects, namely, the legal force of electronic evidence and the Ius constituendum of electronic evidence arrangements in the Criminal Procedure Code. Both of these are analyzed normatively using a statutory approach, conceptual approach and comparative approach. The results of this study indicate that currently electronic evidence is only categorized as evidence, not evidence. KUHAP as a reference rule in criminal procedure law must accommodate so that it needs to be revised and include 5 important points in the substance of KUHAP including, (1) electronic evidence; (2) the category of electronic evidence that can be used as evidence; (3) how to take electronic evidence; (4) checking the validity of electronic evidence; (5) the use of electronic evidence. The regulation of electronic evidence is expected to provide legal certainty in the evidentiary process by following technological developments.
The urgency of this research is the application of local value-based RJ in the community as an integrative mechanism in efforts to resolve disputes or conflicts in the community. This study aims to answer two legal problems, namely: the urgency of implementing RJ by adopting living law in society and the formulation of RJ implementation as an integrative mechanism that adopts living law in society as an effort to settle criminal law. This research is normative legal research by optimizing conceptual and statutory approaches. The results of the study confirm that the urgency of implementing RJ by adopting living law in society is expected so that the criminal justice system in Indonesia can run and be enforced effectively because it is based on living law which originates from people's personalities. The formulation of the application of RJ as an integrative mechanism in the criminal law settlement process is to reform the criminal procedural law through the revision of the Criminal Procedure Code by including the RJ substance which facilitates living law in society. However, because the process of revising the Criminal Procedure Code takes a long time, a transitional legal product can be formed in the form of a SKB RJ which substantially contains the principles, basis and practice of implementing RJ by facilitating living law in society in the criminal justice system.
The purpose of this research is to find out whether the pretrial institution has realized the due process of law as aspired by the criminal procedural law and what about the pretrial reform institution in the RKUHAP, namely the Preliminary Examination Judge, whether it has been able to reflect the due process of law. The type of research in this study is normative. The data source used is secondary data which contains primary, secondary and tertiary legal materials. The data was collected by using library techniques and analyzed by qualitative methods and will be described systematically or prescriptively. From the Research It was found that the current pretrial does not reflect the due process of law, so it is necessary to immediately approve the reform of the pre-trial institution. Then the pretrial substitute institution, namely the Preliminary Examination Judge has greater authority than pretrial regarding the rights of the suspect, so that the establishment of this pretrial substitute institution is expected to have the purpose of criminal procedural law: due process of law or behoorlijk procesrecht in order to seek material truth or objective truth and the purpose to protecting the human rights of suspects and defendants can be achieved.