Search results

1

Peculiarities of Investigating and Disclosing of the Crimes Committed by Organized Criminal Groups in the Republic of Lithuania

100%

Piltoyan A., Kramarenko V.

Internal Security

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2010

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vol. 2(2)

113-118

EN

The article analyzes the aspects of applying a modeling method when investigating the crimes committed by organized criminal groups. It shows the perspectives of theoretical elaboration of this topic. Organized criminal activity is a specific type of crime which has both common and peculiar features comparing to traditional crime. Effectiveness of exposure and investigation of crimes committed by organized criminal groups deeply depends on the level of cooperation between an investigator and officers of the criminal investigation department. The legislation of the Republic of Lithuania provides that if a member of a criminal group or community makes a frank confession and actively assists exposure of a crime committed by the criminal group or community not being the main leader and having not committed a premeditated murder, his criminal liability can be condoned. The article scrutinizes a practical experience in creating a model imitating criminal activity on the basis of the legislation of Lithuanian republic. As a conclusion we would like to mention that the main part of criminal cases on organized criminal activity in the Republic of Lithuania is investigated on the basis of materials of “Imitating model of a criminal deed”. The practice shows significantly frequent use of that model which makes the exposure and investigation of similar crimes much more fast and effective. The use of imitating model of a criminal deed increased the detection of such crimes as corruption, which are complex in investigating and substantiation.

2

Errors that Occur During the Preliminary Investigation: the Essence, Nature and Types

100%

Kramarienko V.

Internal Security

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2011

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vol. 3(1)

209-221

EN

In this article the author analyzes the definition and the nature of investigative errors. Complexity of a preliminary criminal investigation demands quite a high level of professionalism and experience from the investigator and, on the other hand, may lead to both impair of the investigation efficiency as a whole and to the unfitness for court trial. The special scientific literature shows the historic development of different approaches to the definition of an investigative error most essential of which are scrutinized, and the importance of evolving a unified definition is recognized. Summarizing advantages and disadvantages of functioning definitions the author suggests one of his own basing it on the situational approach which he considers the most effective way to implement the theoretical knowledge about the investigative error as well as recommendation to avoid them into practice. The dynamic nature of investigative situations and the subjective and objective conditions are also taken into consideration as factors influencing the errors. A unified definition helps analyzing the existing types of errors and, as a result, suggesting the basis for a unified classification of them. The author used the historical and comparative analysis, situational approach and simulation as well as the structural approach while preparing the material.

3

Competences of the Police in Criminal Proceedings — Experience and Present — Legal and Comparative Approach in the 100th Anniversary of the Establishment of the Police

100%

Porwisz M.

Internal Security

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2018

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vol. Special Issue

127-137

EN

The aim of the publication is to present the role and tasks of the police in criminal proceedings in a legal and comparative approach. Over the years, there could have been noticed an evolution in the area of police powers. The rationale for addressing such an important issue is, first of all, to look at the achievements of the authors of reforms in the post-annexation period and to recognise their contribution to the process of shaping high standards of functioning of police authorities. Studies and analysis of legal texts from the period when Poland regained independence is an important element of learning about history and tradition, as well as the possibility of following patterns of lawmaking adequate to the challenges of lawmaking. The original spelling of source texts and sometimes their archaic language layer, quoted in the text of the publication, is a measure to respect the principle of faithfulness to the sources and, at the same time, to illustrate the development of individual legal institutions. The article focuses on the analysis of selected regulations of the Regulation of the President of the Republic of 19 March 1928 — Code of Criminal Procedure (Journal of Laws of 1928, No. 33, item 313) in relation to the current solutions of the procedural act.

4

Methodological Problems of Polygraph Examination

100%

Ibek A.

Internal Security

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2012

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vol. 4(2)

173-190

EN

The so-called methodological models of investigation, that is tools for carrying out reasoning which play a key role in the uncovering process and evidence proceedings, have been developed in recent years, based on the descriptive theory of evidence in criminal procedure. One of the methods to obtain evidence is the printing examination, where more information can reliably applied to logical inferences with the necessary elements to ensure the correctness of inferences. This article attempts to present a research perspective of the concept of these printing models, and thus using the conceptual apparatus, which has not been previously used in the analysis of these studies, demonstrate that the printing examination plays an important role in constructions proposed by the nowadays currents of reasoning processes. This conceptual apparatus enables the increase of the capacities of analysis and any possible review of the printing examinations with identification of weak points of the reasoning process. The article presents the basic assumptions of the models in order to transfer their abilities to interpret the opinion of printing examination from a methodological point of view. The reader is familiarized with the structure of the so-called Evidential argument, built on the basis of such opinions, and which reflects the expert’s reasoning process. In addition, the author mentions issues relating to the approximate analysis of the argument resulting from the study and its possible criticism by the process organ. The role of the printing examination is also discussed (or more precisely — its result) in the generated past scenarios of fragments of criminal investigations. The author concludes that the need for the so-called intersubjective control of printing examination opinions, is largely conditioned by the quality of work of an expert, with particular emphasis on the correctness of reasoning carried out in the course of expertise.

5

The Technology of Mental Situational Modelling in the System of Optimisation of Crime Investigation

100%

Volchetskaya T.

Internal Security

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2012

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vol. 4(1)

99-110

EN

The article presents a description of modelling as a technological toolbox to optimise investigative activity in criminal investigations as well as a description of the technological process of creating a mental informational model of the event investigated. The author suggests a concrete technology of mental reconstruction of the event (criminal situation) by the investigator with the use of the mental situational modelling method. Criminal situations constituting a criminal event are reflected in material traces left at the crime scene as well as in idealised traces – mental images of these situations in the consciousness of participant in the criminal event. Such traces allow the investigator mentally to reconstruct criminal situations and then “recreate” the mechanism of the event investigated as a whole. Quite simply, logical computer schemes help the investigator to keep in mind a significant amount of information. The article scrutinises the technological structure of such schemes. It includes information about: the subject and object of a crime; motive and aims of the crimes perpetrated; means, ways and mechanism of committing the crime; space and time factors. Ways and methods for obtaining such information are presented. The investigator getting information as a result of investigative activities systematises it into corresponding blocks of the model. As new information about an actual crime becomes available the investigator should mark in corresponding blocks of the structural scheme the presence or lack of information about a certain element of the crime and logs a short description. The main theses are illustrated by an actual example from investigative practice.

6

Problems Involved in Protecting Participants of Criminal Proceedings in the Investigation of Crimes Committed by Organized Groups

100%

Shepitko V., Shur B.

Internal Security

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2011

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vol. 3(1)

233-240

EN

This article reviews the security issues for members of criminal process. The authors believe that the fight against organized crime increases the role of security threats, complicates the state of protection of rights of the individual in criminal proceedings. The article emphasizes that in recent years criminal procedure and criminological literature has paid some attention to problems of securing members of the criminal process. In particular, they considered issues related to the concept and types of security measures, procedural order of making decisions about providing such security, its guarantees, etc. In addition, some attention was also given to consideration of key terms associated with these problems such as: “security”, “danger”, “ensure”, “safety of carriers of evidentiary information”, “object of protection”, “subject of protection”, etc. However, the problem of tactics of ensuring safety of participants of the criminal procedure requires further development and implementation in practice of criminal justice bodies. The authors believe that ensuring security can go beyond the stages of criminal proceedings, protection of certain persons may not be limited to the period of a criminal investigation or trial of criminal cases.The authors present a legislative solution introduced in Ukraine at present. The article presents the results of the survey of investigators and prosecutors of MIA of Ukraine on certain tactics in choosing and applying measures ensuring the safety of participants in criminal proceedings. Tactical originality of elected safety measures was proven.In addition, attention was paid to the specifics of security measures to the participants of the process in the investigation of crimes committed by organized criminal groups.

7

Mechanisms Used in Intellectual Property Rights Fraud in the Republic of Kazakhstan

100%

Begaliyev E.

Internal Security

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2012

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vol. 4(2)

275-282

EN

In the article the author discusses the nature and features of committing the considered type of crime on the basis of the available specificities of intellectual property counterfeiting in the Republic of Kazakhstan. Investigation into the systematic violation of intellectual property rights of citizens encounters a lot of difficulties, therefore it is no accident that the author proposed an algorithm for using the knowledge about the mechanism of intellectual property counterfeiting in the detection and investigation of that type of crime. The author conducted an analytical debate in determining the place and importance of the method and mechanism of committing fraud in the elemental system of forensic crime characteristics where the specified totalities are integrated into a specific (key) category. Thus, it is the use of specialized scientific knowledge that makes it possible to determine the step-by-step mechanism of committing fraudulent acts by a malefactor leading to external or substantial similarity between fakes and an original prototype. Also the article presents statistical indicators reflecting the dynamics and other quantitative data connected with the procedure of crime investigation in the sphere of intellectual property counterfeiting. In conclusion, the author of the article gives practical recommendations aimed at optimizing the process of detection and investigation of crimes related to counterfeiting intellectual property. In particular, at the stage of creation or mass production of considered material objects it is highly recommended that advanced technologies are used in order to impede counterfeiting to the maximum (three-dimensional holography, watermarking, cryptography, etc.).

8

Comparison of Applicability of Bayesian and Frequentist Statistics in Forensic Science Through a Fictitious Investigation

100%

Orbán J.

Internal Security

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2013

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vol. 5(1)

197-214

EN

Shrinking budgets and resources are a challenge for forensic scientists as increasing efficiency is expected from forensic investigators. The growing number of certain crimes caused by the recent economic crisis has accelerated the development of efficient and quick methods. The easiest way to improve efficiency is the introduction of the philosophy of knowledge-transplantation, based on acquired results in other sciences. This study provides an insight based on applicable mathematical results. The recommended frequentist and Bayesian statistics can serve as affordable tools for increasing the efficiency of forensic investigators’. The required mathematical method is selected according to the objective targeted at the beginning of the process. By means of a hypothetical case study, the opportunities offered by frequentist and Bayesian statistics are used to demonstrate their applicability in investigation and decision-making. The demonstration centres on a special situation of a stolen computer containing sensitive information.In the given situation the first and most urgent action is to get back the stolen equipment and then to catch the perpetrator. The suggested steps based on statistical methods are different. In the case of the suspect being the target statistical occurrences may lead closer to the result and the estimation uses the frequency of residence; therefore a frequentist calculation is carried out.Taking into consideration if the subject of the crime shall be targeted it is suggested that a Bayesian inference be used. This is based on a priori hypothesis of the suspect’s expected behaviour and his or her assumed relation to, as well as his follow on actions with, the computer. The paper encourages decision makers to use both mathematical methods as an aid while special attention has to be given to their proper use.

9

Implementation of the Functions of Prosecution in a Criminal Case: Historical and Legal Analysis

100%

Yuldoshev R.

Internal Security

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2012

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vol. 4(1)

41-54

EN

In this article the author considers problems of the relations, interaction and mutual transitions of the function of prosecution under criminal investigation. Criminal prosecution was not procedurally established previously in the implementation of UPK RТ (1961). Instead, the procedure for the initiation of a criminal case was fixed. From the fact that this is new, it is possible to assume that, since April 1st 2010, its application will cause problems. Firstly, it is caused by an outdated legal base in this area, and secondly, a deficiency in the methodical maintenance by law enforcement bodies to investigate criminal cases of the private, private-public and public prosecution. The urgency of the chosen topic is not in question, as it is, in turn starting with UUS 1864г, and currently doesn't cease to be controversial, both in theory and practice of the application of legislation of the legal institutes. Thus, various opinions, statements of outstanding eminent scientists on the above issues, their analysis, processing and corresponding conclusions are considered. In passing, also considered is the question on a parity of criminal prosecution, implementation of the criminal case and implementation of the criminal prosecution, and debate about the conclusions, the analysis of the insights of practitioners, statistics and a number of other questions connected with this topic, and also extensive analysis and consideration of the legal literature taking into account the historical and legal analysis.

10

Analiza śledcza jako dowód w procesie karnym

89%

Kościelniak-Marszał M.

Opolskie Studia Administracyjno-Prawne

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2017

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vol. 15

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issue 3

63-76

PL

The investigation analysis consists in performing a series of ordered actions completed according to the established order and aimed at reaching the most precise and logical conclusion based on the information available. Thus, analysts’ actions focus on the study of actual and potential relationship between individual pieces of information which may be relevant for determination of a crime and its perpetrator. Their job involves processing and selecting information possessed by the procedural authority, according to specific criteria in order to present it in the form that will help recreate the chain of events and draw conclusions. Although the investigation analysis has not been mentioned in the Code of criminal procedure, one must agree that as a method of establishing evidence it should find its place in the criminal proceedings. This is because the rejection of new evidence would be nothing else but resignation of law enforcement authorities from adapting to a new situation within the scope of crime. However, we must make sure that introduction of the results of the investigation analysis into criminal proceedings does not negatively affect the principles of the proceedings, in particular with regard to a fair trial and the right to defence, and in no way does it connect with violation of the related procedural guarantees.

11

Pierwsze informacje o przestępstwie korupcyjnym a budowa fabuły zdarzenia

89%

Wielki R.

Opolskie Studia Administracyjno-Prawne

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2017

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vol. 15

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issue 3

39-49

PL

The aim of this article is to point out the possibilities of using the first information about the crime of corruption to build a crime story, although the concept of the story is not much common ground for the practice of inquiry. Corruption crimes are characterized by significant problems of the nature of detection and legal evidential value, which makes it complicated for the authorities conducting proper investigations in the case. In the present study the author points to the essence and methods of creating the storyline of events, while leveraging the scientific achievements in the field of open source intelligence and criminal intelligence. With such a scheme drawn up, it is possible to raise the quality of pre-trial proceedings in cases of corruption, as illustrated by numerous examples.

12

All’origine della sceneggiatura. Verso una critica genetica del film L’eclisse (1962)

88%

Mattia G.

Acta Universitatis Lodziensis. Folia Litteraria Polonica

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2022

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vol. 64

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issue 1

595-606

EN

This proposal – included in the framework of the Ph.D.’s research Tonino Guerra scriptwriter. The work with Antonioni and Rosi between history and investigation, in progress at the University of Florence – is proposed, first of all, to present my archival survey conducted in several Italian archives and private collections on first-hand sources such as subjects, treatments, screenplays, correspondence and notebooks. These unpublished preparatory materials, or never fully exploited, have the power to shed light on interpretative and methodological models linked to textual genetics. From a historical-philological point of view, the working method of the writer Guerra allows us to broaden the hermeneutic scope of certain cinematographic productions starting from the creative process: from the initial idea to its evolution up to the final version, passing through handwritten notes, loose sheets, corrections, underlining on newspaper articles and even pen sketches. Secondly, examples will be illustrated through case studies that will make use of the dialogue between preparatory materials and screenplays.

IT

La presente proposta – inserita nel quadro della ricerca di dottorato intitolata Tonino Guerra sceneggiatore tra anni Cinquanta e Sessanta. Il lavoro con Antonioni e Rosi tra storia e inchiesta – si propone di illustrare la ricognizione archivistica condotta su alcune fonti di prima mano, relative al film L’eclisse (1962) di Michelangelo Antonioni. Questi materiali preparatori inediti gettano luce su modelli sia interpretativi sia metodologici legati alla genetica testuale. In un’ottica storico-filologica, l’osservazione del metodo di lavoro di Guerra e Antonioni consente di ampliare la portata ermeneutica del film in questione, soffermandosi su quello che Pierre-Marc de Biasi definisce il “divenire del testo”: dall’idea iniziale alla sua evoluzione fino alla versione definitiva, chiamando in causa materiali eterogenei. L’intervento si propone di spingere lo studio della sceneggiatura a dialogare con un più ampio concetto di materiali preparatori.

13

Tipografic Majuscul

88%

Istrate M.-R.

Concordia Discors vs Discordia Concors: Researches into Comparative Literature, Contrastive Linguistics, Cross-Cultural and Translation Strategies

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2020

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vol. 13

139-146

EN

„Tipografic Majuscul‟ („Uppercase Print‟), Radu Jude‟s latest feature, is the story of a highschool student who, during the communist regime, had the courage to write protest messages on his hometown walls. In 1981, Mugur Călinescu, 16 at the time, wrote slogans against the oppressive and dictatorial government which impelled the Secret Romanian Police („Securitate‟) to open two files regarding this subject matter. The film is an adaptation of Gianina Cărbunariu‟s documentary play presenting excerpts from those two files, „The Panel‟ and „The Student‟. Radu Jude‟s film impeccably knits cold dialogues with excerpts of propaganda footage from Romanian TV programmes of the time, creating a discrepancy between the cruel communism reality and the images presented on the National Television. The „Securitate‟ arrested and investigated Mugur Călinescu, serving him each time during the interrogations an unavoidable coffee which was speculated to be poisonous and connected to his death in 1985.

14

What is communication? Investigations with kindergarten children

76%

Kaźmierczak M.

Interdyscyplinarne Konteksty Pedagogiki Specjalnej

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2020

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issue 30

PL

Matthew Lipman’s P4C (Philosophy for Children) method, which in Poland took the names: philosophising with children, philosophical investigations with children, workshops in philosophy, workshop classes in philosophy, workshops on philosophical research, is based on a discussion in which children are the active participants and creators of the classes. In the course of the investigations, one can observe children’s communication behaviour in the dialogue, the level of language and communication skills, the specificity of the child’s thinking and the ability to negotiate or interpret meanings in a peer group. The conducted research on communication shows that for five- and six-year-old children ‘communication’ is primarily about building relationships and reciprocity of linguistic actions.

15

Brak obowiązku stawiennictwa oskarżyciela publicznego na rozprawie w kontekście podstawowych zasad procesu karnego

75%

Limańska A.

Problemy Prawa Karnego

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2018

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vol. 2 (28)

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issue 2

125-136

EN

The principle of legalism places upon the public prosecutor the obligation o pressing charges to a court of law and then to support this claim in the course of the lawsuit. It seems obvious that in order to execute this duty in an appropriate manner, the public prosecutor should attend the trial and actively participate in it. However, in regulation Art. 46 §2 k.p.k., which was introduced by way of an amendment issued on 11 March 2016, the legislator stipulated a regulation which permits the public prosecutor not to appear during the trial, if the preliminary legal proceedings concluded in the form of investigation. Obviously, the task of this regulation is to accelerate the proceedings in cases of lesser calibre, which are cases in which an investigation is conducted. However, it is necessary to consider the aforementioned regulation in the context of the basic principles of a criminal lawsuit and the analysis of the consequences of such regulations. Therefore, in the first instance one made reference to the most important regulations contained in the basis acts of international law, i.e. the European Convention of Human Rights and the International Covenant on Civil and Political Rights which emphasise above all the significance of independence and impartiality, as well as the principle of a quick and efficient operation of the procedure. It was also necessary to refer the substantive regulation to the principle of the contradictoriness of the criminal lawsuit, which stipulates inter alia the separation of lawsuit-related roles and the passivity of the court in reference to the initiative of the parties who argue their cases.

16

Investigating accidents of autonomous vehicles from the perspective of intellectual property protection

75%

Krausová A.

The Lawyer Quarterly

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2022

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vol. 12

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issue 2

194-200

EN

Autonomous vehicles are equipped with advanced hardware and software components that are protected with different intellectual property rights. In case of an autonomous vehicle accident, investigators can examine the vehicle data, the technical condition of sensors, and the proper functioning of the involved systems. However, detailed inspection of the technology and public hearings examining individual functionalities might interfere with autonomous car producers’ strategies of intellectual property protection. The paper determines whether and under which circumstances such an investigation of autonomous vehicle accidents can interfere with the legitimate interests of car producers in the area of intellectual property protection and what might be the potential solutions to this problem. The paper focuses primarily on Czech and EU law.

17

Procedura wymiaru i wykonania kar dyscyplinarnych wobec skazanych na karę pozbawienia wolności. Część I (art. 144 k.k.w.–art. 145 k.k.w.)

75%

Kwieciński A.

Nowa kodyfikacja prawa karnego

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2013

|

vol. 29

199 - 218

EN

The article examines issues related to the procedure for the levels and enforcement of disciplinary penalties against convicts serving prison sentences. A particular emphasis is put on the collection of appropriate evidence, conduct of investigations, ensuring the right to defence, and criminal penalty directives. The author also gives alot of attention to persons authorised to establish the level of penalty and the scope of their competence as well as the procedure for appeal from and control of decisions taken as part of disciplinary actions.

18

"Jsem člověk, který se těžko podvoluje" : proces s Jiřím Kolářem v roce 1953

75%

Suk M.

Česká literatura (Czech Literature)

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2013

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vol. 61

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issue 4

547-559

EN

b2_ At the trial he received a year in prison, which was lenient in comparison with the heavy sentences handed down at the time in the political trials. This verdict was undoubtedly influenced by Kolář's relatively penitent court testimony, the death of Stalin and Gottwald, the indulgence of the prosecutor and possibly other circumstances that have not yet been clarified.

19

Integration of Innovative Methods into the Teaching of Literature in Lower-Secondary Schools

75%

Mašát M., Nosková L., Šmakalová K., Štěpánková A., Sladová J.

The New Educational Review

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2023

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vol. 73

175-186

EN

This paper focuses on the issue of integrating innovative methods into the teaching of literature in lower-secondary schools. It aims to highlight the factors that influence these methods’ use and thus fill a gap in the existing research in the field. The research inquiry is based on a qualitative approach; the group of respondents consists of male and female teachers working in lower-secondary schools at the time of the research. The structured interview method was chosen for data collection, and the data obtained was evaluated using grounded theory. We present the results obtained from 24 interviews. Due to the research’s qualitative nature, it is impossible to generalise from the findings. The so-called time and teacher factors and the classroom factors are associated with not using these methods, and developing competencies and applying them to life factors are associated with using them. The paper also comments on the influence of school support, the influence of inspiration from university teachers, and the positive experiences of the respondents. The influence of the age of the teachers was found to be insignificant.

20

Perfection of Learning Environments Among High, Average and Low Academic Achieving Students

75%

Suamuangi W., Suksakulchai S.

The New Educational Review

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2020

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vol. 61

76-86

EN

Academic achievement varies according to the perception of learning environments (LE). The current study aimed to investigate how the perception of LE differs according to level of academic achievement. 1,106 Thai undergraduate students replied to a survey. Analyzing the data with One-way analysis of variance differences were found in perception of the LE in terms of task orientation and instructor feedback. Average-achieving students perceived task orientation higher than high and low-achieving students. High-achieving students perceived instructor feedback the most. This study provides insights into each type of LE applied in the classroom and suggests how individual academic achievers can be suitably enhanced.

Refine search results

Peculiarities of Investigating and Disclosing of the Crimes Committed by Organized Criminal Groups in the Republic of Lithuania

Errors that Occur During the Preliminary Investigation: the Essence, Nature and Types

Competences of the Police in Criminal Proceedings — Experience and Present — Legal and Comparative Approach in the 100th Anniversary of the Establishment of the Police

Methodological Problems of Polygraph Examination

The Technology of Mental Situational Modelling in the System of Optimisation of Crime Investigation

Problems Involved in Protecting Participants of Criminal Proceedings in the Investigation of Crimes Committed by Organized Groups

Mechanisms Used in Intellectual Property Rights Fraud in the Republic of Kazakhstan

Comparison of Applicability of Bayesian and Frequentist Statistics in Forensic Science Through a Fictitious Investigation

Implementation of the Functions of Prosecution in a Criminal Case: Historical and Legal Analysis

Analiza śledcza jako dowód w procesie karnym

Pierwsze informacje o przestępstwie korupcyjnym a budowa fabuły zdarzenia

All’origine della sceneggiatura. Verso una critica genetica del film L’eclisse (1962)

Tipografic Majuscul

What is communication? Investigations with kindergarten children

Brak obowiązku stawiennictwa oskarżyciela publicznego na rozprawie w kontekście podstawowych zasad procesu karnego

Investigating accidents of autonomous vehicles from the perspective of intellectual property protection

Procedura wymiaru i wykonania kar dyscyplinarnych wobec skazanych na karę pozbawienia wolności. Część I (art. 144 k.k.w.–art. 145 k.k.w.)

"Jsem člověk, který se těžko podvoluje" : proces s Jiřím Kolářem v roce 1953

Integration of Innovative Methods into the Teaching of Literature in Lower-Secondary Schools

Perfection of Learning Environments Among High, Average and Low Academic Achieving Students