Search Results (44)

Human trafficking, a grave violation of human rights, frequently intersects with financial crimes, notably identity theft and coercive debt accumulation. This creates complex challenges for victims, survivors, and law enforcement. Victims of human trafficking are often coerced and/or threatened into committing various forms of crime, referred to as “forced criminality.” In recent years, this trend of criminality has moved from violent crimes to financial crimes and fraud, including identity theft, synthetic identity fraud, and serving as money mules. This phenomenon, termed “forced fraud”, exacerbates the already severe trauma experienced by victims (referred to as both victims and survivors throughout, consistent with trauma-informed terminology) trapping them in a cycle of financial instability and legal complications. Traffickers often coerce their victims into opening credit lines, taking out loans, or committing fraud all in their own names, leading to ruined credit histories and insurmountable debt. These financial burdens make it extremely difficult for survivors to rebuild their lives post-trafficking. This paper explores the mechanisms of forced fraud, its impact on survivors, and the necessary legislative and financial interventions to support survivors. By examining first-hand accounts and social and policy efforts from a range of sources, this paper highlights the urgent need for comprehensive support systems that address both the immediate and long-term financial repercussions of human trafficking. Full article

Sustainable forest management plays a crucial role in climate change mitigation and adaption, as well as the achievement of the 2030 Sustainable Development Goals (SDGs). Recognizing the significance of sustainable forest management, China has implemented a range of the legislative measures and policies for the conservation and restoration of key forest ecosystems and has launched the Three-North Shelterbelt Forest Program and other key forest programs, resulting in an increase in forest coverage and forest carbon sinks. In addition to forestry ecological restoration projects (FERPs) initiated by the administration and project developers, the Chinese courts have also actively engaged in exploring various strategies to enhance forest carbon sinks. In both criminal and civil cases, afforestation and reforestation activities, buying forest carbon credits, and participation in forest management and other restoration activities by offenders have been regarded as factors in determining legal responsibility. Moreover, the courts have also established forest restoration centers, either independently or in collaboration with local governments. These judicial innovations in China have provided positive incentives for the conservation, restoration, and sustainable management of forests, thereby significantly contributing to the achievement of the Climate Action Goals (SDG 13). However, these developments also raise several concerns, particularly the fair application of forest carbon sink mechanisms, the comparability in ecosystem service between damaged natural resources and compensatory measures, and the interconnection of the various SDGs. It is imperative to establish clear guidance on buying forest carbon credits, to develop standards and procedures to assess forest carbon sinks, and to strengthen cooperation between the judiciary and governmental agencies. Additionally, it is essential to integrate the forest carbon sink with broad economic development goals and social justice frameworks to ensure sustainable and inclusive outcomes. Full article

Biodiversity is incredibly important for the myriad ecosystem services it provides, especially for coastal nations such as The Bahamas. However, the newly implemented access and benefit sharing (ABS) regime is undermining scientific research, which is essential to effectively manage and conserve the country’s biodiversity. Key challenges include a poorly drafted legislation with punitive damages (financial and criminal), an overly bureaucratic and dysfunctional permitting process, and cost-prohibitive registration fees that are unsustainable for most researchers and organizations. As a result, the newly implemented ABS regime is driving the demise of academic and conservation research needed to protect the country’s biodiversity, diverting funding away from The Bahamas, jeopardizing relationships with the international scientific community, reducing its capacity to advance science innovation, and impeding much needed experiential learning opportunities for Bahamian students and professionals. A critical solution under the current permitting regime is the need to distinguish between commercial and non-commercial research in the regulatory framework and provide separate accommodations for the same. Furthermore, countries that consider establishing national ABS frameworks are advised to thoroughly engage with all relevant stakeholders through a transparent and consultative process during ABS design and implementation. This will help to ensure that the resulting legislation and policies do not unnecessarily obstruct the research needed for biodiversity conservation and natural resource management. Full article

Animal law has the potential to initiate improvements for animal wellbeing. However, this largely depends on how effectively the law bridges the legal chasm between animal welfare and animal suffering, a chasm the authors refer to as the welfare gap. When the law does not adequately address this gap, where regulation subordinates animal interests to human interests, it results in weak animal protection that does little more than regulate to a standard that avoids a life not worth living. The authors analyse a series of cases involving the RSPCA and Brighton, in which Brighton was charged with serious animal cruelty pursuant to s 530 of the Crimes Act 1900 (NSW). He stabbed a dog with a pitchfork; after failing to kill the dog, he suspended it from a tree branch by a leash attached to its collar and struck the dog several times on the head with a mallet, finally killing him. Brighton was found guilty in the NSW Local Court and appealed to the NSW Supreme Court, where Rothman J allowed the appeal, holding that Brighton had exterminated a pest animal. This led to protracted litigation, including to the NSW Court of Appeal, a second hearing in the Local Court and a further appeal to the Supreme Court. In August 2020, Sophie Riley published a case note and commentary on the litigation up to the Rothman J appeal. This paper evaluates the litigation that followed, identifying how regulatory failures have entrenched the welfare gap. Regulatory failures include inadequate and aged legislative protections for a confined subset of animals. In NSW, animal sentience is not enshrined in legislation; the law limits the types of animals protected by anti-cruelty law; fundamental statutory language remains undefined, for example terms such as “pest animal” and “exterminate”; and challenges abound for adducing sufficient evidence to prove subjective criminal intent. These deficiencies pose significant challenges for practitioners and judicial officers, particularly when complex statutory interpretation is required in the busy and fast-paced summary jurisdiction. This paper concludes that legislators should consider modernising the law, removing ambiguity, and settling minimum standards for a good life for animals, taking into account the welfare aspects described in Mellor’s Five Domains model. Full article

Rates of victimization from identity theft continue to rise exponentially. Personally identifiable information (PII) has become vitally valuable data bad actors use to commit fraud against individuals. Focusing primarily on the United States and Canada, the objective of this paper is to raise awareness for those involved in criminal justice (CJ) to more fully understand potential life-changing consequences for those whose PII is used fraudulently. We examine the impact of crimes involving PII and the urgent need to increase investigations and legal proceedings for identity theft-related crimes. Referring to a National Crime Victimization Survey, we analyze why many victims of identity theft crimes resist notifying appropriate authorities. We also address why those within the CJ system are often reluctant to initiate actions against occurrences of identity theft. We provide insight into consequences experienced by identity theft victims, particularly if their PII is posted on the Dark Web, a threat that can exist into perpetuity. If rates of victimization from identity theft-based crimes are to decline, reporting of victimization must increase, and current legislation related to investigating and processing identity theft crimes must progress. Full article

An emerging corpus exists pertaining to societal judgements of image-based sexual harassment and abuse (IBSHA). This type of research centres on the non-consensual sharing of intimate images (NCSII; sometimes called ‘revenge pornography’), but recent legislative developments seeking to convict those who engage in the unsolicited sending of intimate images (USII; sometimes called ‘dick pics’) evoke a need to broaden this literature. Moreover, in the context of recent and highly publicised accounts featuring both celebrity perpetrators and victims of IBSHA, it is important to understand whether celebrity status impacts said judgements. We present three studies outlining judgement differences between vignettes featuring NCSII and USII as a function of perpetrator/victim celebrity status and as predicted by previously implicated personality traits and beliefs. In Studies 1 (N = 261) and 2 (N = 237), though vignettes involving NCSII were perceived more criminal in nature and anticipated to evoke more harm than USII, said victims also received more blame. Contrary to our hypotheses, there was no further impact of celebrity status on either the perpetrator (Study 2) or victim (Study 3; N = 207). Finally, although dark personality traits (associated with callousness and low empathy) predicted variation in judgements of IBSHA across all studies, in Study 2, psychopathic personality traits specifically predicted proclivity to engage in NCSII but not USII. The results are discussed in reference to the importance of IBSHA-related education on an international level and the pursuit of further legislation in this area. Full article

The provisions of international documents that guarantee the fundamental right to freedom and security are transposed into Romanian legislation both in the Constitution and in the Code of Criminal Procedure. In this context, the present study aims to analyze the national standard of protection of individual freedom in judicial proceedings compared to the standard established by the Convention for the Protection of Human Rights and Fundamental Freedoms. Through documentation, interpretation, and scientific analysis as the main research methods, this paper emphasizes the possibility of establishing, through domestic legislation, a level of protection higher than that imposed by the conventional standard. From this perspective, by regulating a right to repair the damage suffered in the situation of unjust deprivation of liberty as a result of ordering a preventive measure, the national standard of protection established by the Romanian Code of Criminal Procedure is higher than the European standard. This study concludes with a proposal to expand the current procedural framework configured by the provisions of the Romanian Code of Criminal Procedure (with the amendments made in 2023) regarding the special procedure for repairing the damage suffered as a result of the illegal or unjust deprivation of liberty during the criminal process. Full article

According to conclusions agreed to in the 1995 Report of the World Summit for Social Development and the 2015 Sustainable Development Summit, seventeen sustainable development goals (SDGs) have been ratified and published as the 2030 Agenda for Sustainable Development. In 2022, the 8th Environment Action Programme was legally agreed upon, following the six European Green Deal priorities. These SDGs serve as a constant reminder of the importance of globally coordinated actions in compliance with the theory of sustainable development. However, more than a constant reminder, this international agreement should become the foundation for necessary change. On 22 July 2024, the daily global average temperature reached a new record high. The EU treaties signed between 1951 and 2007 laid the foundation for the creation of EU environmental policy. However, those EU treaties, along with environmental policy, form merely a non-binding and minimum set of priorities without any sanctions imposed for illegal practices. In 2021, EU member countries adopted the European Climate Law as the first legally binding document seeking to achieve goals set by the Paris Agreement and the European Green Deal. Any further EU sustainable development policies are dependent on global cooperation as a key element of survival. With the EU’s dependent on the rest of the world for its energy, the forcing of any obligatory change will be hard to achieve. This proves the importance of the 17th SDG, agreed in 2015. Only global partnership for sustainable development can prevent further damage to our ecosystem and achieve priorities set by the EU and UN agendas. The review aims to present the connection between sustainable development (SD) goals defined by the European Commission, for which the most important aspects are the need to meet the environmental requirements to protect future needs in the long run, and to confront the shortcomings of European law-making practices, in which most crucial reforms are presented as non-binding legal acts. Finally, in 2024 members of the European Parliament established an extended list of environmental crimes to be regarded as punishable offences and replaced the Environmental Crime Directive, making criminal activities and offences potentially legally punishable; however, it is yet to be seen how this initiative will be incorporated within the national legislations of each EU member country and to what extent. Full article

As a new alternative, mediation is integrated in the legislation of both developed and developing countries in Europe. Various researchers in member states of the Council of Europe revealed obstacles, particularly related to the implementation of mediation in criminal matters. They are addressed through several recommendations and non-binding guidelines. However, there is limited empirical research on how mediation in criminal matters is being implemented in the contexts of developing countries in south-eastern Europe. Hence, the purpose of this qualitative study is to assess mediation in criminal matters in Kosovo by exploring how the main stakeholders describe the legal basis and implementation process and what it indicates for future practices. The data were gathered through 11 semi-structured interviews with judges, prosecutors, mediation clerks, and mediators. Results show that laws and other guidelines that have been introduced since 2008 constitute a solid legal ground that facilitates mediation in criminal matters. The stakeholders are well aware of the benefits mediation brings and express their willingness to advance its application to criminal matters. Results also indicate uncertainty among judges and prosecutors regarding the assessment and referral of certain criminal offences to mediation. To address it, specialized trainings, exchange programs, and continuous monitoring and evaluation of the process could be supportive. Full article

The discourse that has so far dominated in Sweden, and which has manifested itself in various legislation concerning children who commit crimes, is going to change soon. We argue that this discourse is set to be replaced by one that does not consider the subordinate position of children as a result of their age but rather equates them with adults, thus making invisible the power imbalance between children and adults. In this article, we analyze a political document, the Tidö Agreement, and its articulations on youth criminality. We consider the Tidö Agreement to be an important tool in the process of social change, and we carry out this discussion in connection to the United Nations Convention on the Rights of the Child (UNCRC), which became law in Sweden in 2020. By using a discourse theory perspective, we examine the articulations in the Tidö Agreement and discuss how these articulations can reproduce or challenge the current discourses by fixing meaning in certain ways. For instance, the word “child” is ambiguous, and its identity changes depending on how it is positioned in relation to other words in a concrete articulation. In this article, we discuss how this word is used in some contexts but avoided in others, and what consequenses this has. Full article

For years, survivors of sex trafficking, people compelled by force or circumstance to engage in sex acts, were often wrongly convicted of prostitution and many collateral crimes in the United States. These convictions became a permanent part of survivors’ criminal records, inhibiting their ability to satisfy necessities for a dignified life—finding work and a place to live, or going to school. Since 2010, forty-five state legislatures across the US have sought to solve this problem by passing vacatur laws. These laws allow the survivors of sex trafficking a means to erase certain charges and convictions from their records. The American movement to support the human rights of sex trafficking victims is part of a larger, global non-criminalization movement to support survivors’ human rights. This article surveys the recent and robust diffusion of American vacatur laws, situates them amidst the larger, global non-criminalization movement, and highlights both the strengths and weaknesses of the current US vacatur laws with an eye toward closing the rights gap for sex trafficking survivors. We argue that extant vacatur legislation should be expanded to include all crimes traffickers compel victims to commit, should incorporate trauma-informed means for establishing victimhood, and should be passed at the federal level to ensure complete and uniform protection. Full article

This paper deals with ensuring the sustainability of the financial system and combating hybrid threats in relation to anti-money laundering and counter-terrorist financing (AML/CTF) measures. International cooperation in the field of combating hybrid threats is only at the beginning, and in many ways, the experience of international cooperation in the fight against money laundering and terrorist financing, which is based on many years of experience in the institutional and legislative fields, could be used. Hybrid threats are constantly changing and evolving, which means our response to them must also constantly evolve and adapt. The aim of the presented study is the analysis of the problem of the legalization of income from criminal activity and the financing of terrorism and their possible relationship with the fight against hybrid threats and maintaining the stability of the financial system. Full article

While the colonial and apartheid regimes utilised draconian, arbitrary, segregated, discriminatory, and exclusive anti-black social-socioeconomic policies and laws to deny the majority of black South Africans access to and participation in various economic activities, post 1994 democratic South Africa has strategically introduced progressive policies and laws to ensure that black South Africans play active productive roles in socio-economic activities in all sectors. While this is commendable, various corporations and businesses owned by white companies are supposed to ensure that black people become part and parcel of the businesses, and companies are being denied active participation, using fronting purposefully to circumvent the requirements of the anti-fronting laws. Against this backdrop, this paper seeks to analyse the post-apartheid anti-fronting interventions that foster the mainstreaming of black South Africans into the corporate sector. The paper uses a literature review methodology to find and analyse primary and secondary sources of data relating to equality, BEE, and fronting. This paper presents the historical exclusion of blacks through the instrumentality of colonial and apartheid apparatuses and laws brutally utilised to exclude blacks from economic activities. Post 1994 democratic transformative interventions—laws—have been enacted to redress the segregated and exclusive laws; however, fronting activities and practices continue to undermine and circumvent successful implementation. This said, the post 1994 government continues to tackle impunity through the exploration of civil and criminal responsibilities and accountability of perpetrators and use the rule of law-judicial means to hold perpetrators accountable. This paper found that fronting is a persisting issue in South Africa despite anti-fronting legislative measures developed over the past years when the B-BBEE Act was amended. This paper advises more on pro-active anti-fronting measures to pro-actively foster the mainstreaming of black South Africans into the corporate sector. Full article

The Sars-CoV-2 pandemic has had important economic, health, political, and jurisprudential implications all over the world. According to innovations already introduced by Law 24/2017, with Decree Law no. 44 of 1 April 2021 and the subsequent conversion law no. 71 of 2021, Italy is the only country in which ad hoc rules have been introduced to limit the professional liability of healthcare professionals during the health emergency. The “criminal shield” can be defined as the Legislator response to the extreme pressure on healthcare professionals during the pandemic. Full article

Despite the global decline in marine species biodiversity, relatively few countries have enacted national endangered and threatened species legislation. Tailoring an adequate legislative framework with clear objectives and regulations consistent with the available scientific evidence is fundamental for the effective conservation of marine endangered and threatened species. This paper analyzes the legal framework and current institutional tools for the conservation of marine endangered and threatened species in the Russian Federation. In this regard, important legislative tools include federal laws, as well as internationally binding signed agreements, among others, such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar). A strategy and an action plan for the conservation of biological diversity were also developed. Besides, the most important tool for the conservation and protection of marine endangered and threatened species is the Red Book of the Russian Federation (RBRF) and other regional Red Books. Responsibility for causing harm to the species listed in the RBRF and their habitat is specified in the code of administrative offenses and the criminal code of the Russian Federation. Finally, conclusions and identified gaps were highlighted in the last section, including, among other things, that legislation is still limited in how it takes the impacts of climate change into account. Such type of study is highly recommended, considering the relatively few number of papers dedicated to the study of the impact and/or implications of the conservation tools and strategies mentioned in this paper on the status of the marine endangered and threatened species. Full article