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33,654 result(s) for "CRIMINAL ACTS"
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Reference Guide to Anti-Money Laundering and Combating the Financing of Terrorism : Second Edition and Supplement on Special Recommendation IX
Efforts to launder money and finance terrorism have been evolving rapidly in recent years in response to heightened countermeasures. The international community has witnessed the use of increasingly sophisticated methods to move illicit funds through financial systems across the globe and has acknowledged the need for improved multilateral cooperation to fight these criminal activities. This second edition is to serve as a single, comprehensive source of practical information for countries to fight money laundering and terrorist financing. It discusses the problems caused by these crimes, the specific actions countries need to take to address them and the role international organizations play in the process. The report is organized as follows: Part A of this Reference Guide describes the problem of money laundering and terrorist financing, their adverse consequences, and the benefits of an effective regime. It also identifies the relevant international standard-setting organizations and discusses their specific efforts and instruments that fight these activities. Part B describes the various elements that are part of a comprehensive legal and institutional framework for anti-money laundering and combating the financing of terrorism for any country. This part of the Reference Guide is a step-by-step approach to achieve compliance with international standards, although it does not dictate the specific methods or actions to be adopted. Rather, it raises the issues that must be addressed and discusses the options that a country has in order to resolve these issues. Part C describes the role of the World Bank and International Monetary Fund (IMF) in the global effort and the coordination of technical assistance available to countries in order to help them achieve compliance with international standards. Each chapter is a self-contained discussion of the topics covered in that chapter with detailed references to background and original source materials. Annexes I, II and III provide complete citations to reference materials.
Formation of a new paradigm of anti-money laundering: The experience of Ukraine
The increase in the level of money laundering is associated with digitalization and technification of all spheres of society, the globalization of financial markets, the consequences of quarantine measures caused by the COVID-19 pandemic, and the new ways of committing money laundering crimes. The paper aims to identify the peculiarities of anti-money laundering activities in Ukraine and outline approaches to increase the effectiveness of combating money laundering in the country. The current state of the problem of money laundering is analyzed based on the study literary sources, regulatory framework and their discussion in the Ukrainian society. An attempt was made to systematize the factors influencing the increase in the level of money laundering. The consequences of increasing the level of money laundering for Ukraine have been determined: a shortfall in state budget revenues, a decrease in the level of the social sphere financing, reduced living standards of the population. It has been emphasized that there is a need for a comprehensive approach to the problem of money laundering, which will include ongoing training for financial audit specialists, the establishment of special units to investigate money laundering crimes, enshrining the classification of money laundering crimes in regulatory documents and the establishment of criminal liability for their commission.
Weather and crime: a systematic review of the empirical literature
The weather-crime association has intrigued scholars for more than 150 years. While there is a long-standing history of scholarly interest in the weather-crime association, the last decade has evidenced a marked increase in the volume and diversity of empirical studies concerned with weather and its social implications including crime. In this paper we conduct a review of the empirical literature on weather and crime. This is the first review on the topic for more than 30 years. We highlight the theoretic and empirical challenges that persist and act to impede our understanding and chart four interrelated thematic areas that require concerted attention. These are to: (1) strengthen and integrate theoretical explanations of the weather-crime association; (2) model multi-dimensional processes of the weather-crime association; (3) broaden the situational, climatic, and cultural contexts of study; and (4) to translate research into policy and practice. We conclude by advocating for scholarship to advance the four thematic areas such that we progress towards a more complete and robust understanding of the weather-crime association.
Criminal Liability of Political Parties from the Perspective of Anti-Money Laundering Act
This research addresses the questions on, among other things, criminal liability of political parties from the perspective of the Law on the Prevention and Eradication of Criminal Acts of Money Laundering and the models of criminal liability of political parties with respect to criminal acts of money laundering. The juridical-normative research method used shows that political parties have met the criteria as corporations, being groups of people or assets to which the corporate criminal liability system applies. The fault of a political party in criminal acts of money laundering can be viewed through the actions of its administrators being a systemically integral part of the party as they have been given the roles by the party for the benefit of the party. The first conclusion is that a political party can be held criminally liable for criminal acts of money laundering. Secondly, the models of criminal liability of a political party in criminal acts of money laundering comprise (1) the model of criminal liability under Law No. 8 of 2010 concerning the Prevention and Eradication of Criminal Acts of Money Laundering. (2) Administrative model guided by the principle of systematiche specialiteit and the method of economic analysis of law approach through the Political Party Law. (3) Restorative justice model in the form of dual track system. This model is the alternative companion to the penal justice system, namely the criminal model and administrative model.
Regulating policing
The Police and Criminal Evidence Act 1984 (PACE) was an innovative and controversial attempt to regulate the investigation of crime. Two decades on, it now operates in a very different context than in the mid-1980s. Whilst legal advice has become established as a basic right of those arrested and detained by the police, the police service has become increasingly professionalised but also increasingly driven by government objectives and targets. The Crown Prosecution Service, originally established to separate prosecution from investigation, is now becoming involved in the investigative process with the power to make charge decisions.
The Discrete Antisystem and a Negative Worldview in Criminal Activity Based on Mastering Time
The mechanisms of aim-setting and decision-making in criminal activity as a four-level hierarchical structure were presented for the Russian criminals known as ‘vory v zakonie’. The first level represents a basic concept of saving one’s own life, borrowed from the Torah. The second level, the ‘Thieves’ Law’, is a set of mental models that has much in common with the adaptation and misinterpretation of old religious and legal systems. The third level is a set of general concepts and ideas about what Good or Evil is in the form of words called ‘Notions’. These levels have no material form; they reflect themselves in models of behaviour and argot as a collective output. The fourth level in the material form of page-long ‘secrete messages’, containing some models of behaviour, are the ‘Frames’ (how to behave in imprisonment), wherein the ‘Vory’s Commandments’ (how to behave at large for young criminals) do not belong to the criminal ideology. This criminal ideology, a discrete antisystem, is enriched by the three ideas found in old religious and legal systems proposed as the ‘fifth feeling of Time’: the memory of the soul in the endless time being awoken after reincarnation, making the past as if it never happened, and knowing the future.
The Insecurity of Irregular Migrants: Criminal Acts Against Afghans in the Turkish–Iranian Borderland
This study aims to propose an alternative path to address the acute humanitarian issues of irregular migrants in the borderlands from the perspective of public policy analysis. The study’s research question is “How to protect irregular migrants against criminal threats in borderlands?” Through semi-structured interviews with Afghan irregular migrants in migration routes in 2019–2020, this study examined unsafe experiences and insecurities in the borderland from Iran to Türkiye. This article initially examined the types of abuse experienced by migrants with spatial limitations. Based on the interviews, there are five criminal groups encountered in the borderland: migrant smugglers, other smugglers, terrorists, bandits, and groups in Iranian military uniforms. Multiple streams theory has been utilized as a theoretical framework to evaluate the vulnerabilities of irregular migrants in motion and determine the potential solution. A humanitarian reform in border policies, institutions, and structures is anticipated to achieve the transition successfully to reduce the criminal threats that irregular migrants encounter. This study offers a crime prevention policy to follow cross-border law enforcement in borderlands.
Crimes Without Law: Administrative Crimes and the Nondelegation Doctrine
The future of the nondelegation doctrine is clouded with uncertainty. Despite the Supreme Court's insistence that the nondelegation doctrine is an axiom of constitutional law, the doctrine remains an illusory constraint on Congress. Indeed, almost a century has passed since the Court invalidated a congressional delegation under the nondelegation doctrine. But several Justices appear eager--or at least willing--to revive the nondelegation doctrine. This Comment charts an originalist path forward. It primarily argues that the original meaning of legislative power restrains Congress from delegating legislative authority to write criminal law. The constitutional enactors believed that core private rights--to life, liberty, and property--required greater statutory specificity to regulate than public rights. Private rights thus restrain Congress from delegating carte blanche authority to agencies to criminalize conduct because the statute authorizing such a delegation will necessarily lack specificity. A criminal statute cannot concomitantly entail statutory specificity and delegate necessary details--such as the actus reus--to the Executive Branch. Unsurprisingly, the Founding Era historical record reflects a dearth of legislative delegations to write criminal law. This lack of evidence is expected. Administrative crimes would have enabled the Executive Branch to unilaterally regulate the core private right to liberty, and often the private right to life, given the proportion of federal offenses that were capital offenses. Nevertheless, the absence of criminal law delegations need not present dispositive evidence that a categorical prohibition on such delegations existed. However, if a compelling originalist argument exists for the nondelegation doctrine, it must account for the private/public rights distinction that permeated Founding Era legal practices. The contemporary practice of administrative crimes departs from the original meaning of legislative power. Congress increasingly delegates legislative authority to administrative agencies to determine whether and how particular statutes will create federal offenses. Most--if not all--delegations that enable administrative agencies to unilaterally create administrative crimes will lack statutory specificity. This practice conflicts with the originalist private/public rights taxonomy. But it also remains in tension with fundamental principles of Anglo-American criminal jurisprudence--including nullum crimen sine lege, the rule of lenity, the void-for-vagueness doctrine, and the prohibition on federal criminal common law.
Criminology Perspective on Marine Criminal Acts in Malacca Strait
The article discusses the Indonesian Waters Act (No. 17 of 1985) and its use in the context of criminal acts in the Malacca Strait. According to Indonesia’s Maritime Security Agency, more than 9,000 vessels passed through the Malacca Strait during March 2016. This level of traffic is often a magnet for those intending to engage in crimes. The article concludes that, having ratified the UNCLOS Convention in 1982, it is essential to create a specific body with authority over the Indonesian Malacca Strait and to renew the laws on the continental borderline at Malacca Strait with the other littoral States in the interests of crime prevention.
Traditional Criminal Law Existence in the Settlement of Criminal Action in the Environmental Field in Indonesia
Many cases of environmental pollution and illegal logging have caused alarming damage to the environment. In the Law regarding Environmental Protection and Management, tools to protect the environment have been regulated. One of which is the application of criminal sanctions, but in Indonesia, some laws live in society, one of which is customary criminal law which can also solve criminal acts in the environmental sector. This research aims to analyze the existence of customary criminal law in the settlement of crimes in the environmental sector. This research is legal research with normative juridical research. The results of this study will be presented in descriptive form. The results showed that Hulsman said the criminal justice system had caused suffering because it could not work according to its objectives and did not carry out the principle of accountability. This judicial system had innate defects. In settlement of criminal acts in the environmental sector, examples of customary criminal law are the settlement of fish poisoning cases committed by some Paya Village Village residents. They use fish poison from plants (tuba), Lannet in the form of flour, Bistox in liquid, and Decis, which is liquid.