Search results for: transnational criminal law

Authors: Magda Olesiuk-Okomska

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The degree of international interdependence has grown significantly. Poland is a party to nearly 1000 binding multilateral treaties, including international legal instruments devoted to criminal matters and obliging the state to penalize certain crimes. The paper presents results of a theoretical research conducted as a part of doctoral research. The main hypothesis assumed that there was a separate category of crimes to penalization of which Poland was obliged under international legal instruments; that a catalogue of such crimes and a catalogue of international legal instruments providing for Poland’s international obligations had never been compiled in the domestic doctrine, thus there was no mechanism for monitoring implementation of such obligations. In the course of the research, a definition of transnational crimes was discussed and confronted with notions of international crimes, treaty crimes, as well as cross-border crimes. A list of transnational crimes penalized in the Polish Penal Code as well as in non-code criminal law regulations was compiled; international legal instruments, obliging Poland to criminalize and penalize specific conduct, were enumerated and catalogued. It enabled the determination whether Poland’s international obligations were implemented in domestic legislation, as well as the formulation of de lege lata and de lege ferenda postulates. Implemented research methods included inter alia a dogmatic and legal method, an analytical method and desk research.

Keywords: international criminal law, transnational crimes, transnational criminal law, treaty crimes

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Authors: Michal Stelmach

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The aim of this paper is a critical analysis of the security policy in the field of the fight against transnational criminal groups in Central America in XXI century. We are analyzing all taken issues from several perspectives: political, anthropological, sociological and legal which allows me to confront behavior and the attitudes of the political elites against official legislative changes and declared actions, strategies and policies against practice. In the first part of paper we would like to present the genesis and characteristic of transnational gangs, called maras and next we would like to present their activities and roles within chosen sectors of organized crimes. In the second part we will analyze the government’s policy towards transnational criminal groups. The analysis will be concentrated on public safety policy implemented in specific Central American countries as well as regional international cooperation. The main intention of the author is to present the state of the security in Central America in XXI century by emphasizing failures and successes in the fight against transnational criminal organizations. Additionally we want to present and define the challenges currently facing the region now and to show the prediction of the situation’s development within next future and to define the recommendations on the design of public security policies in Central American countries.

Keywords: maras, public security, human rights, Central America

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Authors: Tamas Bezsenyi, Noemi Katona

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Fighting Human Trafficking is a highly important issue worldwide that states need to deal with in international politics. In the EU combatting human trafficking is emphasized in international policy making and also in the work of international law enforcement, thus in the work of the EUROPOL. While the EU Directive against Human Trafficking prescribes how states should fight this transnational crime and also how victims should be assisted, the EUROPOL focuses on the effective cooperation between national law enforcement agencies. However, despite the aims of the common fight, human trafficking is regulated differently in the punitive law of various nation states. This deeply defines the work and possibilities of national law enforcement organizations. Among the manifold differences in this paper, we focus on the role of regulating asset recovery. We highlight that money, and the regulation and practice how the law enforcement deals with income gained from criminal activities, play essential role in combatting human trafficking. While doing research on the investigation of transnational human trafficking by the Hungarian Law Enforcement Agencies, we have found that the unfortunate regulation of asset recovery determines the lower effectiveness of eliminating criminal organizations. While i.e. in the Netherlands confiscation of property takes place in an early stage of the criminal procedure, in Hungary it can be conducted only if money laundering is also assumed. Our presentation builds on the comparison of criminal procedures which we analyse based on criminal files and interviews with coworkers of the National Bureau of Investigation.

Keywords: human trafficking, law enforcement, asset recovery, organized crime

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Authors: Rachelle Angeli Maranon

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This research explored the relationships of a child’s family condition, sex and subjective well-being (SWB) to gain some understanding of the experiences of both transnational and non-transnational families. A descriptive-correlational design was used to study the variables. Participants included 52 male and female children from Iloilo and Kabankalan cities, representing the family conditions in this study. Data were gathered using a semi-structured interview guide. Responses were analyzed using Mann-Whitney U Test. The results showed that the SWB of non-transnational children was significantly higher compared to their transnational counterparts (U = 134, p = .00). Also, analysis between females and males indicated a significant difference only on some aspects (U = 318, p = .71). Some recommendations were suggested to better understand the plight of the left-behind children.

Keywords: left-behind children, mothers, subjective well-being, transnational families

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Authors: Yekini Nureni Asafe, Haastrup Victor Adeleye, Ikotun Abiodun Motunrayo, Ojo Olanrewaju

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Web Based Criminal Diary is a web based application whereby data of criminals been convicted by a judge in the court of law in Nigeria are shown to the entire public. Presently, criminal records are kept manually in Nigeria, which means when a person needs to be investigated to know if the person has a criminal record in the country, there is need to pass through different manual processes. With the use of manual record keeping, the criminal records can easily be manipulated by people in charge. The focus of this research work is to design a web-based application system for criminal record in Nigeria, towards elimination of challenges (such as loss of criminal records, in-efficiency in criminal record keeping, data manipulation, and other attendant problems of paper-based record keeping) which surrounds manual processing currently in use. The product of this research work will also help to minimize crime rate in our country since the opportunities and benefits lost as a result of a criminal record create will a lifelong barriers for anyone attempting to overcome a criminal past in our country.

Keywords: court of law, criminal, criminal diary, criminal evidence, Nigeria, web-based

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Authors: Magda Olesiuk-Okomska

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Although international criminal law has grown significantly in the last decades, it still remains fragmented and lacks doctrinal cohesiveness. Its concept is described in the doctrine as highly disputable. There is no concrete definition of the term. In the domestic doctrine, the problem of criminal law issues that arise in the international setting, and international issues that arise within the national criminal law, is underdeveloped both theoretically and practically. To the best of author’s knowledge, there are no studies describing international aspects of criminal law in a comprehensive manner, taking a more expansive view of the subject. This paper presents results of a part of the doctoral research, undertaking a theoretical framework of the international criminal law. It aims at sorting out the existing terminology on international aspects of criminal law. It demonstrates differences between the notions of international criminal law, criminal law international and law international criminal. It confronts the notion of criminal law with related disciplines and shows their interplay. It specifies the scope of international criminal law. It diagnoses the current legal framework of international aspects of criminal law, referring to both criminal law issues that arise in the international setting, and international issues that arise in the context of national criminal law. Finally, de lege lata postulates were formulated and direction of changes in international criminal law was proposed. The adopted research hypothesis assumed that the notion of international criminal law was inconsistent, not understood uniformly, and there was no conformity as to its place within the system of law, objective and subjective scopes, while the domestic doctrine did not correspond with international standards and differed from the worldwide doctrine. Implemented research methods included inter alia a dogmatic and legal method, an analytical method, a comparative method, as well as desk research.

Keywords: criminal law, international crimes, international criminal law, international law

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Authors: Ya-Hsuan Wang

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This project of intercultural education aimed to explore pluricultural people’s interpretation and evaluation of the transnational community in Taiwan. Based on transnationalism and transculturalism, this study concerns the human right issues for immigrants and pluricultural people. Research participants as immigrants in Taiwan were asked about their typical thinking styles in the transnational community, their cultural integration in terms of transnational behaviors, and their collective memory of the transnational community. Interview questions included what key factors were involved in their identity negotiation, what roles the transnational community and collective memory would be for their identity negotiation and what were the positive or negative aspects impacting cross-border identity. Based on the experiences of pluricultural people and transnational communities, this project expected to enhance the depth and width of developing transcultural knowledge in textbook reform on History in K-12 schools. It is to transform cross-border identity into knowledge embedded with local culture in response to globalization and localization. The purpose of this paper is to portrait the cross-cultural practice of transnational community for Taiwan’s immigrants. It is to report their external socio-cultural expectation of ethnic economics, to understand their internal life course of national identity, and to clarify transnational community in relation to their cross-border identity. In conclusion, the cross-cultural practice of transnational community combined the external contexts such as ethnic economic interaction among transnational communities, social report and ethnic industry, and the internal contexts such as ethnic identity, language use, and collective memory in ethnic history.

Keywords: cross-cultural practice, immigrants, pluricultural people, transnational community

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Authors: Serkan Tezgel

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Effectively managing threats and power that transcend national boundaries requires a reformulation from the traditional post-modern navy to an adaptive and institutional transnational navy. By analyzing existing soft power concept, post-modern navy, and sea power, this study proposes the transnational navy, founded on the triangle of main attributes of transnational companies, 'Global Competitiveness, Local Responsiveness, Worldwide Learning and Innovation Sharing', a new model which will lead to a positive peace with an institutional network. This transnational model necessitates 'Transnational Navies' to help establish peace with collective and transnational understanding during a transition period 'Reactive Postmodern Navy' has been experiencing. In this regard, it is fairly claimed that a new paradigm shift will revolve around sea power to establish good order at sea with collective and collaborative initiatives and bound to breed new theories and ideas in the forthcoming years. However, there are obstacles to overcome. Postmodern navies, currently shaped by 'Collective Maritime Security' and 'Collective Defense' concepts, can not abandon reactive applications and acts. States deploying postmodern navies to realize their policies on international platforms and seapower structures shaped by the axis of countries’ absolute interests resulted in multipolar alliances and coalitions, but the establishment of the peace. These obstacles can be categorized into three tiers in establishing a unique transnational model navy: Strategic, Organizational and Management challenges. To overcome these obstacles and challenges, postmodern navies should transform into cooperative, collective and independent soft transnational navies with the transnational mentality, global commons, and institutional network. Such an adaptive institution can help the world navigate to a positive peace.

Keywords: postmodern navy, transnational navy, transnational mentality, institutional network

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Authors: Ni Komang Desy Arya Pinatih

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Transnational crime is a crime with 'unique' feature because the activities benefit the lack of state monitoring on the borders so dealing with it cannot be based on conventional engagement but also need joint operation with other countries. On the other hand with the flow of globalization and the growth of information technology and transportation, states become more vulnerable to transnational crime threats especially human trafficking. This paper would examine transnational crime activities, especially human trafficking in Indonesia. With the case study on the mapping of human trafficking crime in East Java province, Indonesia, this paper would try to analyze how the difference in human trafficking crime trends at the national and sub-national levels. The findings of this research were first, there is difference in human trafficking crime trends whereas at the national level the trend is rising, while at sub-national (province) level the trend is declining. Second, regarding the decline of human trafficking number, it’s interesting to see how the method to decrease human trafficking crime in East Jawa Province in order to reduce transnational crime accounts in the region. These things are hopefully becoming a model for transnational crimes engagement in other regions to reduce human trafficking numbers as much as possible.

Keywords: transnational crime, human trafficking, southeast Asia, anticipation model on transnational crimes

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Authors: Abdullah Alshakhi

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This study aims to explore the assessment practices of transnational western teachers in Saudi EFL writing classrooms. The study adopts a critical ethnographic approach to understand the views and the experiences of four transnational TESOL professionals about how they navigate and negotiate their writing assessment practices in the Saudi EFL context. The qualitative data were collected through classroom observations and video recordings of the classroom teaching, which were followed by semi-structured interviews with the four TESOL teachers from Australia, England, USA, and Ireland. The data were analyzed from three perspectives of these transnational TESOL teachers in the Saudi EFL context: as a transnational teacher in monolingual context, as a transitional teacher abides by the prescribed curriculum and assessment instructions, and as a transnational teacher’s vision for monolingual students. The results of the study revealed that owing to the transnational teachers’ lack of understanding of the Saudi monolingual culture, bureaucratic structures, and top-down assessment policies in the institute where they work, their teaching and assessment of writing and other language skills are negatively affected and consequently had to be modified. Also, the Saudi learners’ lack of interest and their lower level of English proficiency pose serious challenges to those transnational teachers’ writing assessment practices. More often, the teachers find the prescribed writing curriculum and assessment tools ineffective in the Saudi EFL context. Because of these experiences, the transnational teachers in this study have exhibited their awareness of their monolingual/monoculture background, Saudi’s cultural and religious values, and institutional structures, which have helped them customize or supplement the writing assessment practices accordingly.

Keywords: critical ethnography, Saudi EFL context, TESOL professionals, transnationalism, writing assessment

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Authors: Vanda Božić, Željko Nikač

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The wars and armed conflicts have often resulted in violations of international humanitarian law, and often commit the most serious international crimes such as war crimes, crimes against humanity, aggression and genocide. However, only in the XX century the rule was articulated idea of establishing a body of international criminal justice in order to prosecute these crimes and their perpetrators. The first steps in this field have been made by establishing the International military tribunals for war crimes at Nuremberg and Tokyo, and the formation of ad hoc tribunals for the former Yugoslavia and Rwanda. In the end, The International Criminal Court was established in Rome in 1998 with the aim of justice and in order to give satisfaction the victims of crimes and their families. The aim of the paper was to provide a historical and comparative analysis of the institutions of international criminal justice based on which these institutions de lege lata fulfilled the goals of individual criminal responsibility and justice. Furthermore, the authors suggest de lege ferenda that the Permanent International Criminal Tribunal, in addition to the prospective case, also takes over the current ICTY and ICTR cases.

Keywords: international crimes, international criminal justice, prosecution of crimes, ad hoc tribunal, the international criminal court

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Authors: Dini Dewi Heniarti

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This One of criminal sanctions that are often imposed by the judge is imprisonment. The issue on the imposition of imprisonment has been subject of contentious debate and criticism among various groups for a long time. In practice, the problematics of imprisonment lead to complicated problems. The impact of the reckless imposition of the imprisonment includes among others overcapacity of the correctional institution and increasing crimes within the correctional facilities. Therefore, there is a need for renewal of the existing condemnation paradigm, considering the developing phenomena associated with the penal imposition. Imprisonment as one element of the Indonesian penal system is an important and integral part of the other elements. The philosophy of the current penal system, which still refers to the Criminal Code, still carries the values of retaliation and fault-finding toward the offender. Therefore, it is important to reconstruct a new thought in order to realize a penal system that is represented in the formulation of a more humanistic criminal sanction

Keywords: criminal code, criminal sanction, Indonesian legal system, reconstruction of thought

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Authors: Olumide A. Fafore, Khondlo Mtshali

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The beginning of the 21st century saw the emergence of new and global threats to national and transnational security in West Africa and the Asia Pacific regions as a result of the spread of jihadist terrorism across borders, a manifestation of the rise of radical Islam. Extremist and armed Islamic movements influenced by Salafism, the Jihad in Afghanistan and the Muslim Brotherhood are prevalent in Northern Nigeria, Niger, Cameroon, Mali, Chad, Pakistan, Afghanistan, and India. Carrying out attacks across borders, including assassinations, murders, armed robberies, and kidnapping, assisted by open and porous borders and large flow of illegal immigrants across borders. This paper examines the effect of Radical Islam on Transnational security through a review of past literature and the social and security consequences on the people of the regions. Our findings indicate that the activities of armed Islamic movements such as Boko Haram, Ansaru and Al-Qaeda are having a negative impact on the economy, development, and security of the states and people of West Africa and the Asia Pacific. It stresses the importance of regional, transnational and international cooperation, as these threats to national and transnational security can no longer be solved in a national or regional framework.

Keywords: Islamic movements, jihadist terrorism, radical Islam, transnational security

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Authors: Muhammad Tanziel Aziezi

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In Indonesia, pre-trial (in Indonesia called ‘praperadilan’) is a mechanism that is regulated on Criminal Procedure Code as a form of oversight and check and balance on the process at the stage of inquiry, investigation, and prosecution, so that actions taken by the State (in this case, the police and prosecutor) is carried out in accordance with its authority and not violate human rights. Article 77 of the Criminal Procedure Code has been set that the object may be filed pretrial is just about the lawfulness of the arrest, the lawfulness of the detention, and the legitimacy of stopping investigation and prosecution. However, since the beginning of 2015, there was a further object which is then entered as a pre-trial object, namely the lawfulness of the determination of a criminal suspect. This is because the determination of the suspect is considered as one of the forceful measures that could restrict the rights of a person, so the implementation should have oversight and checks and balances by the courts. This paper will discuss the development of the pre-trial on the lawfulness of the determination of a criminal suspect as a new judicial mechanism as the protection of human rights in Indonesia.

Keywords: criminal procedure law, pre-trial, lawfulness of determination of a criminal suspect, check and balance by the court

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Authors: Usman Adekunle Ojedokun, Adeyinka Abideen Aderinto

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Migration remains an important course of action often resort-to by human and some other classes of animal for survival in the face of life-threatening conditions. However, the activity of certain group of immigrants, who are exploiting the socio-economic and environmental challenges in their home countries to conduct street begging across different countries in Africa, is fast becoming a major cause for concern. This paper examined the migratory trajectory of transnational street beggars in South Western, Nigeria. Strain and Migration Network Theories were adopted for the study. The methods of data collection were survey questionnaire, in-depth interview, and key informant interview. Convenience and purposive sampling techniques were employed for the selection of 395 transnational street beggars and 4 key informants were purposively chosen. Findings revealed that transnational street beggars immigrated into Nigeria all year round and all of them came by road. Also, while some of them entered the country officially, others gained entry illegally. The majority (29.3%) arrived through Sokoto, a border State to some neighbouring countries. This study calls for more security measures at the Nigerian borders as a way of controlling the influx of this category of beggars into the country.

Keywords: transnational street beggars, street begging, migration, Nigeria

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Authors: Wendy Maddison

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This paper describes an Action Research project which was undertaken to inform professional practice in order to develop a newly created Centre for Student Success in the specific context of transnational medical and nursing education in the Middle East. The objectives were to enhance the academic performance, persistence, integration and personal and professional development of a multinational study body, in particular in relation to preclinical medical students, and to establish a comfortable, friendly and student-driven environment within an Irish medical university recently established in Bahrain. Expatriating a new part of itself into a corner of the world and within a context which could be perceived as the antithesis of itself, in particular in terms of traditional cultural and organisational values, the university has had to innovate in the range of services, programmes and other offerings which engages and supports the academic success of medical and nursing students as they “encounter the world in the classroom” in the context of an Arab Islamic culture but within a European institution of transnational education, engaging with a global learning environment locally. The outcomes of the project resulted in the development of a specific student success ‘signature’ for this particular transnational higher education context.

Keywords: transnational higher education, medical education, action research, student success, Middle Eastern context, student persistence in the global-local, student support mechanisms

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Authors: Sender Dovchin

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Moving beyond two main frameworks of interlingual and intralingual discrimination, this paper will address the understanding of translingual discrimination. This concept refers to discrimination based on how one uses certain languages, linguistic and communicative repertoires, which are (il)legitimised by the interactants. Translingual discrimination contributes intensity to transnational migrations processes, where migrants with transitional backgrounds seem to illustrate two main characteristics of marginalizations – “name discrimination” and “accentism”. The lifelong accumulation of these characteristics of translingual discrimination may cause negative emotionality, such as translingual inferiority complexes, to its victims. As a result, these transnational migrants seem to adopt varied coping strategies such as CV-whitening and accent purifications while probing for translingual safe spaces. The presentation concludes with the socio-cultural and pedagogical implications of translingual discrimination in relation to the language usage of transnational migrants.

Keywords: accentism, discrimination, migrants, translingualism

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Authors: Benjamin Thomas Greer, Grace Cotulla, Mandy Johnson

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Human trafficking is one of the fastest growing international crimes and human rights violations in the world. The United States Department of State (State Department) approximates some 800,000 to 900,000 people are annually trafficked across sovereign borders, with approximately 14,000 to 17,500 of these people coming into the United States. Today’s slavery is conducted by unscrupulous individuals who are often connected to organized criminal enterprises and transnational gangs, extracting huge monetary sums. According to the International Labour Organization (ILO), human traffickers collect approximately $32 billion worldwide annually. Surpassed only by narcotics dealing, trafficking of humans is tied with illegal arms sales as the second largest criminal industry in the world and is the fastest growing field in the 21st century. Perpetrators of this heinous crime abound. They are not limited to single or “sole practitioners” of human trafficking, but rather, often include Transnational Criminal Organizations (TCO), domestic street gangs, labor contractors, and otherwise seemingly ordinary citizens. Monetary gain is being elevated over territorial disputes and street gangs are increasingly operating in a collaborative effort with TCOs to further disguise their criminal activity; to utilizing their vast networks, in an attempt to avoid detection. Traffickers rely on a network of clandestine routes to sell their commodities with impunity. As law enforcement agencies seek to retard the expansion of transnational criminal organization’s entry into human trafficking, it is imperative that they develop reliable trafficking mapping of known exploitative routes. In a recent report given to the Mexican Congress, The Procuraduría General de la República (PGR) disclosed, from 2008 to 2010 they had identified at least 47 unique criminal networking routes used to traffic victims and that Mexico’s estimated domestic victims number between 800,000 adults and 20,000 children annually. Designing a reliable mapping system is a crucial step to effective law enforcement response and deploying a successful victim support system. Creating this mapping analytic is exceedingly difficult. Traffickers are constantly changing the way they traffic and exploit their victims. They swiftly adapt to local environmental factors and react remarkably well to market demands, exploiting limitations in the prevailing laws. This article will highlight how human trafficking has become one of the fastest growing and most high profile human rights violations in the world today; compile current efforts to map and illustrate trafficking routes; and will demonstrate how the proprietary analytical mapping analysis of point-source and destination-source mapping can help local law enforcement, governmental agencies and victim services providers effectively respond to the type and nature of trafficking to their specific geographical locale. Trafficking transcends state and international borders. It demands an effective and consistent cooperation between local, state, and federal authorities. Each region of the world has different impact factors which create distinct challenges for law enforcement and victim services. Our mapping system lays the groundwork for a targeted anti-trafficking response.

Keywords: human trafficking, mapping, routes, law enforcement intelligence

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Authors: Rodlyn Remina Hines

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Males and Females respond differently to life situations, including transnational living. Being in a transnational marriage relationship may put a strain on the relationship requiring partners to adjust their behaviors and expectancies of the other partner to accommodate the disruptions in the relationship. More so, when one partner is an immigrant to a new geographic location with the other in the native country, these disruptions may be intensive. This qualitative study examined gender differences in how married Ghanaian couples respond to making a life together as a couple while living across international borders. The study asked two questions: (1) What are the perceptions of males and females on transnational living? and (2) how do married males and females respond to transnational living situations? To answer these questions, semi-structured interviews were conducted with 24 married couples- with one partner living in the United States (U.S.) and the other spouse in Ghana via purposive and snowball sampling techniques. Participants were aged 26 to 59 years with an average age of 40; the average age of relationship: 10.41; and average years of living apart: 6.7. Induction and deduction hybrid analysis strategies were used to derive emerging themes. The results highlight significant gender differences in response to transnational living status and practices. The data indicate that transnational couples with the male spouse residing in the U.S. experience more relationship strains than is the case when the female partner is the immigrant. Three couples who were in divorce proceedings at the time of the interview had the male partner residing in the U.S. and the female spouse in Ghana. These gender differences also reflected spousal visitation frequency, duration of spousal reunification, amount of and frequency of spousal remittance(s), and immigration processing procedures. Finally, the data show female immigrant partners as better managers of transnational living stresses and strains than their male counterparts. Findings from this study have implications for marriage and family practitioners and immigration policy makers.

Keywords: gender differences, , ghanaian couples, ghanaian immigrants, transnational living

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Authors: Khadija Ali

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Prosecution of sexual violence in international criminal law requires not only an understanding of the mechanisms employed to prosecute sexual violence but also a critical analysis of the factors facilitating perpetuation of such crimes in armed conflicts. The extrapolations laid out in this essay delve into the jurisprudence of international criminal law pertaining to sexual and gender based violence followed by the core question of this essay: Has the entrenchment of sexual violence as international crimes in the Rome Statute been successful to address such violence in armed conflicts?

Keywords: conflict, gender, international criminal law, sexual violence

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Authors: Theresia Simatupang dan Rahmayanti

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Tax Law is a legal product and therefore should be subject to the legal norms, both about this actions, implementation, and about the material. Law has always aimed at providing justice, and besides that the law as a tool used to organize the order or rule of law. tax classification of a crime in this is very necessary, because the crime of taxation is very detrimental to the country and is still very high in society and socialization associated with punishment in sentencing that would have to provide a deterrent for the perpetrators, so refer to the this, these criminal offenses can endanger the stability of the nation's economy and the country that require special snacks. The application of legal sanctions against the perpetrators of the crime of taxation already has a strong legal basis, namely UU KUP. UU KUP have loaded threat (sanctions) severe punishment for tax payers who commit offenses and crimes in the field of taxation, which is contained in Article 38, and Article 39, Article 41, Article 41 A, and 41 B as well as Article 43 of Law and Law No. 12 KUP about 1985 Land Tax and Building. Criminal sanctions against violators of the tax provision are important because tax payers sanctions for violating tax laws.

Keywords: accountability, tax crime, criminal liability, taxation

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Authors: Md. Tawohidul Haque

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The main objective of this study is to explore the nature, types and, causes of the involvement of criminal activities of the university students using social media namely Social Networking Sites (SNS). The evidence shows that the students have greater chance to involve such criminal activities during sharing their personal messages, photos, and even sharing their academic works. Used qualitative case studies with six students from two universities, this study provides a detail information about the processes how this media provokes the students to commit to the criminal activities such as unethical pose, naked picture, post against persona’s prestige and dignity as well as social position, phone call at midnight, personal threats, sexual offer, kidnapping attitude, and so on. This finding would be an important guideline for the media persons, policy makers, restorative justice, and human rights workers.

Keywords: social media, criminal victimization, human gathering scheme, social code of ethics

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Authors: Thapthep Paprach, Benya Lertsuwan

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Investment fraud is not a new criminal, but there are still more victims during the Internet of Things era. This kind of criminal has been classified as a national and transnational financial crime problem all over the world. In Thailand, the country has also been attacked by this kind of crime. This research concerns whether the mass media that is supposed to cover news about online investment scams realized and warned Thais about this crime. Thus, this study explores the value of news about investment fraud in terms of frequency. The methodology uses web crawling from the top 5 news agency websites that have the most access. We pull out all information reporting about investment fraud. The findings revealed that the ‘Khaosod’ news agency was the first rank in reporting on investment crime. On the other hand, ‘Matichon’ was the least reported. Thairat news agencies frequently reported such criminals from midnight to very early in the morning, while other news agencies reported during the daytime. The results between the frequency of news reporting about investment fraud and the monthly number of victim reports are not correlated. Although the most cases reported to Thai police were in February 2023, but the most news reported was in January 2023. In conclusion, there might be a negative correlation between the amount of investment fraud news reported and the number of victims.

Keywords: investment fraud, news value, online news report, Ponzi schemes, Romance scam

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Authors: Olha Oleshchuk

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Such companies as Apple, Coca-Cola, Microsoft, Samsung are well-known, but most people do not know about their economic and political influence on society at national and international levels. This ignorance is beneficial for transnational corporations because it reduces the risk of possible resistance of the society and creates favourable conditions for the formation of a new governmental political form. The aim of the research to analyse the opportunity of creating of a new governmental political form. The aim of the research is realized by implementation of such objectives: 1) to consider the possibility of the formation of new political forms of government; 2) to determine the influence of TNCs on the state, which is necessary for a mature, aware citizen; 3) to learn the roles of TNCs, which provide the awareness in the spheres of the world politics, economics, and everyday life. The relevance of the research is confirmed by the fact that new political forms of government are poorly studied.

Keywords: objective factors of losing leading position by state, transnational corporations, TNCs' economic influence, TNCs' political influence

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Authors: Rahmayanti, Theresia Simatupang, Ronald H. Sianturi

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Corruption criminal act develops rapidly since in the transition era there is weakness in law. Consequently, there is an opportunity for a few people to do fraud and illegal acts and to misuse their positions and formal functions in order to make them rich, and the criminal acts are done systematically and sophisticatedly. Some people believe that legal provisions which specifically regulate the corruption criminal act; namely, Law No. 31/1999 in conjunction with Law No. 20/2001 on the Eradication of Corruption Criminal Act are not effective any more, especially in onus probandi (the burden of proof) on corruptors. The research was a descriptive analysis, a research method which is used to obtain description on a certain situation or condition by explaining the data, and the conclusion is drawn through some analyses. The research used judicial normative approach since it used secondary data as the main data by conducting library research. The system of the burden of proof, which follows the principles of reversal of the burden of proof stipulated in Article 12B, paragraph 1 a and b, Article 37A, and Article 38B of Law No. 20/2001 on the Amendment of Law No. 31/1999, is used only as supporting evidence when the principal case is proved. Meanwhile, how to maximize the implementation of the burden of proof on the perpetrators of corruption criminal act in which the public prosecutor brings a corruption case to Court, depends upon the nature of the case and the type of indictment. The system of burden of proof can be used to eradicate corruption in the Court if some policies and general principles of justice such as independency, impartiality, and legal certainty, are applied.

Keywords: burden of proof, perpetrator, corruption criminal act

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Authors: J.T. Chivanga

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This paper conceptualizes the significance of human rights activism by the Zimbabwean diaspora in the United Kingdom by analyzing how the diaspora advocates for the promotion of the rights of the people in Zimbabwe. It critiques the strategic essentialism theory that is used by the government of Zimbabwe as a basis to discredit the work of transnational advocacy groups. The research advances this position by articulating that the diaspora does not falsify nor simplify them to garner external support on the human rights situation in Zimbabwe. It establishes and shows the significance of transnational advocacy by articulating how the Zimbabwean diaspora addresses and brings to the attention of the international community human rights violations in Zimbabwe that would otherwise not have seen the light of day due to the absence of a conducive environment in that country that stifles the organization of protests under repressive laws such as the public order and security act of 2009.

Keywords: strategic essentialism, transnational advocacy, public order and security act, Zimbabwe diaspora

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Authors: Panayiota Romios

Abstract:

As the use of 'diaspora' has proliferated in the last decade, its meaning has been stretched in various directions. Current diaspora frames of identity representation do not adequately capture the complexities of everyday lived experiences of transnational individuals and groups. This paper presents the findings of a qualitative research project conducted in Melbourne, Australia with second generation Greek Australians. It analyses the forms of intercultural identities of the second generation Greek Australians returning to Australia post-2008, after living in Greece for an extended period of time. The discussion highlights key characteristics in relation to diaspora-homeland ties, seeking to denaturalise the commonplace assumptions and imaginations about the cultures and identities of Greek Australian diaspora communities and probe the relevance of identity markers such a country of origin, nationality, ethnicity, ethnic origin, language and mother tongue. The definition of diaspora experienced in this transnational lexicon is interestingly quite distinct from original articulations and also from others returning ‘home’.

Keywords: diaspora, identity, migration, displacement

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Authors: Amanda Rebman

Abstract:

This paper challenges the criminal justice system’s traditional stance regarding prostitution. Historically, the acceptance and morality of prostitution within the United States has fluctuated depending upon the social attitudes of the era. Today, prostitutes are allegedly viewed as victims; however, they are treated like criminals throughout the criminal justice system and society. Dominant patriarchal narratives within the United States has resulted in woman lacking autonomy over their bodies and diminished their ability to choose their own career. Even though prostitutes are deemed victims, many times, they are convicted of crimes, a practice that results in further victimization. Utilizing the socialist feminist theory to understand these juxtaposing positions on whether to legalize prostitution facilitates a greater understanding of how patriarchal capitalist arrangements ensure the oppression of women throughout the criminal justice system. The legalization of prostitution will alleviate some of this oppression and ensure a more equal treatment of women in the criminal justice system and society at large.

Keywords: equality, feminist theory, prostitution, sex work

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Authors: Laura Lamas Abraira

Abstract:

Large-scale Chinese immigration in Spain emerged in the 80's. Engaged in their own businesses or working for other Chinese migrants with long schedules, young couples had to choose between contracting or transnationalising the care labour as they were unable to combine productive and reproductive tasks. In most cases, they decided to transnationalize the care labour embodied on grandparents or children migratory paths. Either the grandparents go to Spain to take care of their grandchildren or the kids were left behind or sent to China after being born in Spain in order to be raised with their extended family members. Very little is known about how the people who have been raised in a transnational context relates their own experience and agency as care managers within the family care cycle. In order to fill this gap, this paper aims to inquire into these transnationally-reared Chinese young adults’ narratives about their own experience and expectations (past, present and future) by adopting care circulation and care cycle approach within life course framework. Drawing upon a qualitative study resulting from a multi-sited ethnography (Spain-China), we argue that young adults raised in transnational context build their narratives as a result of an otherness process related to their parents and an essentialization of their Chinese roots to use selectively among different contexts. In doing so, these family narratives constitute a part of their social identity that interact with other dimensions such as the ethnic one. We suggest when building their parent's otherness they also build their sameness among pairs, as members of the same club, marked by transnational care on a double time basis: the practices of their parents as wrong past, and their own as an amendable future.

Keywords: Chinese families, narratives, transnational care, young adults

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Authors: Allwell Uwazuruike

Abstract:

With the withdrawal, in 2016, of 3 African states from the ICC, the discourse took an interesting twist. African states, or at least some of them, had now shown their resolve to part ways with the ICC and, by implication, focus on further enthroning regional control and governance through an improved continental justice system. A range of views has been expressed over the years on the allegations of bias by some African states and the continued membership of the ICC. While there may be a split on the merits of the allegations of bias, academic analysts have generally not opposed African states’ membership of the ICC nor been particularly optimistic about the prospects of an African criminal court. There is also a degree of ambivalence on whether there are positives to be taken from African states’ withdrawal from the ICC. This article examines the recent developments with the ICC and analyses whether these could be viewed from the positive (or, at least, alternative) spectrum of the AU’s spirited march towards regional sovereignty or entirely negatively from the point of view of African Heads-of-State seeking to enthrone an era of authoritarianism and non-accountability.

Keywords: international criminal court, Africa, regionalism, criminal justice

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