scholarly journals ILLEGAL ACTIVITY OF OFFICIALS OF MILITARY MISSIONS: TYPICAL APPLICATION CIRCUIT FEATURES AND IDENTIFY

2018 ◽  
Vol 22 (3) ◽  
pp. 145-152
Author(s):  
Р. А. Kudryavtsev ◽  
L. M. Isaeva

The article deals with general issues related to the organization of the work of the military mission, provides normative documents regulating the activities, analyzes the practice of investigating criminal cases committed by officials of military missions, the consequences of their criminal activities, manifested in material damage, damage to the business reputation of the organization, failure to execute state contracts affecting on the defense capability of the country, as well as the issues of detection and forensic support the most common forms of investigation of crimes: giving and receiving bribes, abuse of authority, embezzlement of money by fraudulent means, examples of specific criminal cases investigated by military investigative authorities. The cases described in the article were selected taking into account the specific features of the preliminary investigation of the above crimes. Thus, in one criminal case, operational support was provided, interaction with security forces in the troops was organized, on the other - collection and consolidation of evidence was carried out independently by the investigative body. There is a certain interest in tactical methods used in the conduct of investigative actions, organizational issues and the criminalistic aspect of the preparation of investigative actions and operational activities, the procedure for the appointment and production of forensic examinations of objects submitted for investigation. According to the list of evidence given in the article, it is possible to draw a conclusion about the nature and amount of information to be examined in court sessions, and then put in the basis of sentences passed in criminal cases, and subsequently used in the planning and investigation of criminal cases of similar crimes

Author(s):  
Matt Eisenbrandt ◽  
Benjamín Cuéllar

In 1980, a death squad linked to business tycoons and military commanders murdered Archbishop Oscar Romero for denouncing widespread repression and poverty in El Salvador. Romero was known as the “voice of the voiceless,” and his criticism of the oligarchs who dominated the economy and the Security Forces that tortured and murdered civilians made Romero a military target. Two decades after his assassination, the Center for Justice & Accountability (CJA) found one of the conspirators, Álvaro Saravia, living in California and launched a wide-ranging investigation into the death squad and its financiers. This book chronicles the life and death of the Catholic martyr, examining his actions and situating his years as archbishop in the broader context of the Salvadoran clergy’s embrace of Liberation Theology. It also analyzes, through excerpts from witness interviews and trial testimony, the mindset of the death squad members, their leader Roberto D’Aubuisson, and their wealthy backers, that propelled them to want Romero dead. The U.S. government played an important and contradictory role in developing the death squads and funding the military from which they sprang while also investigating their crimes and seeking to keep them in check. Within this complicated historical context, the book provides a first-hand account of the investigation and U.S. legal case that led to the only court verdict ever reached for Archbishop Romero’s murder.


1980 ◽  
Vol 9 (3) ◽  
pp. 41-43 ◽  
Author(s):  
Malcolm Coad

We publish below a list of writers and journalists abducted by the security forces and numbered among the ‘disappeared’ in Argentina since 24 March 1976, the date of the military coup that installed General Jorge Rafael Videla in power. Two eye-witness accounts illustrate the way in which such abductions usually take place. Finally, Robert Cox, editor-in-exile of the daily newspaper Buenos Aires Herald, describes how independent-minded journalists and the families of los desaparecidos ( ‘the disappeared’) have been affected. The material is introduced by Index on Censorship's researcher on Latin America, Malcolm Coad.


2021 ◽  
pp. 57-61
Author(s):  
В.О. Захарова

Автором проанализированы основные положения участия переводчика в уголовном судопроизводстве. Даны рекомендации по осуществлению взаимодействия следователя с переводчиком. Приведены типичные ошибки, возникающие при участии переводчика в уголовном судопроизводстве и даны рекомендации по осуществлению взаимодействия переводчика со следователем. The author analyzes the main provisions of the interpreter’s participation in criminal proceedings. Recommendations are given on the implementation of the interaction of the investigator with the translator. Typical errors that occur with the participation of an interpreter in criminal proceedings are presented and recommendations are given for the interaction of an interpreter with an investigator.


2017 ◽  
Vol 4 (6) ◽  
pp. 137
Author(s):  
Javier Eiroa Escalada ◽  
Luis Toribio Castro

Las banderas ya no tienen finalidad táctica, pero como símbolo de la nación, representan los valores superiores expresados en la Constitución de 1978.A diferencia de las Fuerzas Armadas, donde las banderas se mantienen como parte de las tradiciones, y aportan gran brillantez a los actos militares, en la literatura española existen pocos estudios relativos a la bandera en el ámbito de las fuerzas y cuerpos de seguridad del Estado.Tras un breve repaso a la normativa vigente en el ámbito de la Vexilología, este trabajo aborda el procedimiento para la concesión del derecho de uso de la enseña Nacional a distintas unidades de las fuerzas y cuerpos de seguridad de ámbito estatal, así como sus modalidades, uso y colocación en actos oficiales, honores y protocolo.Finalmente, se analizan las peculiaridades del ceremonial en el acto de entrega de la bandera, como distinción que se otorga en reconocimiento a la labor que desarrollan como garantes de las libertades públicas y de la seguridad ciudadana, considerando la distinta naturaleza -militar y civil- de ambos cuerpos de seguridad. _________________ The flags are no longer tactical, but as a symbol of the nation, they represent the higher values expressed in the Spanish Constitution of 1978.The Army has kept flags as part of the traditions, and provide great brilliance to the military acts. Instead, in Spanish literature there are few studies about the flag in the State Security Forces.After a brief review of current legislation in Vexillology, this paper deals with the procedure for bestowal of the use the National Flag to different units of the National Security Forces, as well as their modalities, use and placement in official events, honours and protocol.Finally, we analyze the peculiarities of ceremonial in the Act of delivery of the flag, as a distinction that is given in recognition of the work they perform as guarantors of citizen freedoms and public safety, considering the different nature - military and civil- of both security Forces.


Justicia ◽  
2014 ◽  
Vol 19 (26) ◽  
Author(s):  
Consuelo Amparo Henao Toro ◽  
Ingrid Regina Petro Gonz ◽  
Felipe Andrés Mar

El presente artículo analiza la Justicia Penal Militar colombiana, su origen y evolución desde la vigencia del Decreto 2550 de 1988, según el cual los miembros de la Fuerza Pública podían ejercer simultáneamente las funciones de comando con las funciones de jurisdicción, toda vez que quien juzgaba no se encontraba técnicamente habilitado para desarrollar esa función por carecer de formación jurídica profesional y debía depender de terceras personas para emitir sus fallos, situación que contrariaba los principios de independencia e imparcialidad. Posteriormente, con la creación de la Ley 522 de 1999, actual Código Penal Militar, esas funciones fueron separadas y prohibidas, lo que amerita analizar estos principios a la luz de esta normativa penal militar.   AbstractThis article analyzes the Penal Military Colombian Justice system, its origin and evolution from the enforcement of Decree 2550 of 1988 according to which members of the security forces could exercise the functions of command simultaneously with the functions of jurisdiction, since he was deemed not technically qualified to perform that function due to lack of professional legal training and had to rely on third parties to issue their decisions, a situation that went against the principles of independence and impartiality. Later, with the creation of the Law 522 of 1999 current Military Penal Code, these functions were separated and thus deserving prohibited discuss these principles in light of the military criminal law.


Author(s):  
Nikolay Gorach ◽  
Juliana Galkina

The age psychology of minors is considered as a factor determining the features of the preliminary investigation of criminal cases involving them. The article deals with issues related to the age psychology of minors, the object of which are the laws, patterns and trends of change in the human psyche, his behavior, life and personality throughout his life. At the same time, it is noted in the legal literature that most crimes committed by minors are due to age-related motivational specifics, committed on the basis of mischief, a misinterpreted sense of camaraderie and romance, the desire for self-affirmation, imitation of both adults and peers who enjoy authority. The behavioral basis of juvenile offenders is formed under the influence of a number of factors, knowledge of which can be important when making tactical and procedural decisions by an investigator during pre-trial proceedings in a criminal case. The behavior of adolescents is largely related to their age characteristics, which largely determine their behavior, which can be observed, including during the preliminary investigation of criminal cases involving them. Thus, knowledge of the peculiarities of age psychology can make it possible to determine the most effective measures of educational work aimed at correcting behavior, correcting and re-educating juvenile offenders. It is these goals that the legislator takes into account, establishing the specifics of the proceedings both in cases of crimes committed by minors and the regulation of investigative actions involving minor victims and witnesses. The peculiarities of the age psychology of minors must also be taken into account when choosing the tactics of investigative actions carried out with their participation, since this is one of the necessary conditions for achieving the goal of the investigative action and the preliminary investigation as a whole.


Lentera Hukum ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 211
Author(s):  
Yusnita Mawarni

Corruption is a criminal act, not only committed by civilians, but also by military members. Members of the military utilize procedural law called connectivity, in which cases are examined through the mechanism of connectivity. Neglecting the mechanism of connectivity results in uncertain legal implementation. The arrangement of the existing connectivity mechanism within the legislation includes the establishment of a permanent team: public court officials and military court officials whose implementation is considered complicated. While one official’s handling of cases would be considered corrupt, they instead commit the act of splitsing (the separated settlement of the case). The Corruption Eradication Commission (KPK), as an institution, has the authority to control and coordinate corruption criminal cases. In the case of a criminal act of connectivity, related to corruption cases handled by KPK investigators and military investigators, although it may not be examined through the mechanism of connectivity, it is still valid because the determination of the suspect on the offender is based on sufficient initial evidence. Yet, this connectivity mechanism is necessary so that the examination of the case will be a set of intact connectivity, stated in the legislation that regulates the handling of the crime of connectivity in order to sustain justice for all parties. Keywords:  Corruption, Connectivity, Determination of Suspects


2017 ◽  
Vol 37 (1) ◽  
pp. 106-129 ◽  
Author(s):  
Paul Lorenzo Johnson ◽  
Ches Thurber

The ethnic composition of state security forces is believed to have important effects on the dynamics of conflict processes, but data limitations have impeded our ability to test such hypotheses cross-nationally until now. To address this problem, the Security Force Ethnicity dataset provides time-series, group-level measures of the ethnic composition of military forces in the Middle East between 1946 and 2013. We draw on an extensive review of case studies and histories to produce unique ordinal codings for participation rates in the officer corps and in the rank and file. We demonstrate the utility of the data through empirical applications, examining the relationship between military ethnic composition and the incidence of coups and repression. Our findings illustrate the theoretical and empirical importance of disaggregating ethnic representation in the military from inclusion in other institutions of the state.


Author(s):  
Dmitriy V. Bondarev

We consider current issues related to the prosecution of persons guilty of committing crimes in the field of illegal circulation of narcotic drugs, psychotropic, potent and poisonous substances. We analyze the problematic moments that arise at the final stage of the investigation of criminal cases of this category, in particular, upon notification of the end of the preliminary investigation and at the stage of familiarization with the materials of the criminal case on crimes related to the illegal circulation of narcotic drugs and psychotropic substances. We pay attention to the gaps in modern legislation in the area under consideration, we have made suggestions for its im-provement.


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