Modern technologies represent an increasingly useful tool in the justice system, and their direct application affects practically every single branch of justice, from the civil trialto the criminal trial, to the computerized organization of judgments and their availability to legal practitioners, to applications of artificial intelligence (AI). In the field of criminal trials, DNA examination technologies represent an important tool for acquiring scientific information that is increasingly useful for a proper search for historical truth. These technologies, which are constantly evolving, have characterized trials and investigations all over the world since the early 2000s. However, this technical evolution is often not followed by a regulatory evolution, the purpose of which would be to assist and maximize the use of these new technologies in the justice system. This article will highlight, in a comparative manner, the current European and extra-European laws on the regulation of genetic evidence. An in-depth focus will be made both on regulatory aspects both on aspects related to the new scientific methodologies and how their use can affecthuman rights, with particular regard to the protection of citizens' basilar human rights.
{"title":"DNA EVIDENCE, NEW TECHNOLOGIES,AND JUSTICE’S APPLICATIONS: AN INTERNATIONAL COMPARATIVE OVERVIEW","authors":"E. D'Orio, Chiara Lucanto, Genaro Francione","doi":"10.54934/ijlcw.v1i2.26","DOIUrl":"https://doi.org/10.54934/ijlcw.v1i2.26","url":null,"abstract":"Modern technologies represent an increasingly useful tool in the justice system, and their direct application affects practically every single branch of justice, from the civil trialto the criminal trial, to the computerized organization of judgments and their availability to legal practitioners, to applications of artificial intelligence (AI). In the field of criminal trials, DNA examination technologies represent an important tool for acquiring scientific information that is increasingly useful for a proper search for historical truth. These technologies, which are constantly evolving, have characterized trials and investigations all over the world since the early 2000s. However, this technical evolution is often not followed by a regulatory evolution, the purpose of which would be to assist and maximize the use of these new technologies in the justice system. This article will highlight, in a comparative manner, the current European and extra-European laws on the regulation of genetic evidence. An in-depth focus will be made both on regulatory aspects both on aspects related to the new scientific methodologies and how their use can affecthuman rights, with particular regard to the protection of citizens' basilar human rights.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126322797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Forgery is a very common case of Forensic Document Examination which might refer to several further distinctions of expertise between handwriting and signature. The imitation of a signature could come into effect in different methods or ways, depending on the type of document, the forger’s ability and other factors connected to the historical parameters of the case. The ability of the forger to reproduce morphologically the authentic specimen is even related to the range of his graphic variation, his training in forging the specific specimen or other various factors that could affect not only his graphic expression, but also his choices in applying forgery. In cases of long-lastingprofessional collaboration, the imitation of a person’s signature with his consent for a long period of time is a quite often phenomenon. Apart from the legal validity of such signatures, the evolution of the forged signature by the forger is not to be excluded, since the consent deliberates psychologically the forger, diminishes his anxiety and leaves space to a less accurate reproduction of the original specimen. In these cases,there are more parameters to be taken into consideration and the time of habitual execution of the forged signature is crucial, since the repetitive imitation can result in different variations of the original signature’s model. The eventual modifications are studied in a practical case which presents several complications.
{"title":"THE EVOLUTION OF THE SIMULATED SIGNATURE BY THE FORGER","authors":"P. Kipouràs","doi":"10.54934/ijlcw.v1i2.25","DOIUrl":"https://doi.org/10.54934/ijlcw.v1i2.25","url":null,"abstract":"Forgery is a very common case of Forensic Document Examination which might refer to several further distinctions of expertise between handwriting and signature. The imitation of a signature could come into effect in different methods or ways, depending on the type of document, the forger’s ability and other factors connected to the historical parameters of the case. The ability of the forger to reproduce morphologically the authentic specimen is even related to the range of his graphic variation, his training in forging the specific specimen or other various factors that could affect not only his graphic expression, but also his choices in applying forgery. In cases of long-lastingprofessional collaboration, the imitation of a person’s signature with his consent for a long period of time is a quite often phenomenon. Apart from the legal validity of such signatures, the evolution of the forged signature by the forger is not to be excluded, since the consent deliberates psychologically the forger, diminishes his anxiety and leaves space to a less accurate reproduction of the original specimen. In these cases,there are more parameters to be taken into consideration and the time of habitual execution of the forged signature is crucial, since the repetitive imitation can result in different variations of the original signature’s model. The eventual modifications are studied in a practical case which presents several complications.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114828771","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this article we shall attempt to systematically chart the curent AI legislation, as well as the most important proposals for legislation at the level of the EU and to point the clashes and common ground with some of the major aspects present in criminal law that are linked with the protection of the essence of fundamental rights. The image of man as a natural prey to suggestion and influence has made some believe that artificial intelligence represents the proper solution for ensuring not only impartiality in a justice system, but also efficiency. This encouraged a relatively uncomplicated view on the AI applications that would facilitate the work of police and judicial authorities through identification, data management, facial recognition, crime prevention and risk assessment. Underpinning this reassuring hope is the concern for the protection of the essence of fundamental rights. Anchored in the practical examples arriving via the professional experience of magistrates, the use of AI can have adverse effects, undermining fundamental rights, such as the right to non-discrimination, the right to protection of personal data and to a private life, the right to freedom of expression, and the right to a fair trial given the increased risk of reproducing bias and perpetrating discrimination, not to mention the ability of criminals to make use of it for their own illegal purposes. Assumptions on the interaction of AI and the essence of fundamental rights start from the very nature of man and the structure of society and the EU legislator has tried to gather all of these essential elements under the roof of a limited number of policies and legislation instruments.
{"title":"AI Use in Criminal Matters as Permitted Under EU Law and as Needed to Safeguard the Essence of Fundamental Rights","authors":"D. Ivan, T. Manea","doi":"10.54934/ijlcw.v1i1.15","DOIUrl":"https://doi.org/10.54934/ijlcw.v1i1.15","url":null,"abstract":"In this article we shall attempt to systematically chart the curent AI legislation, as well as the most important proposals for legislation at the level of the EU and to point the clashes and common ground with some of the major aspects present in criminal law that are linked with the protection of the essence of fundamental rights. The image of man as a natural prey to suggestion and influence has made some believe that artificial intelligence represents the proper solution for ensuring not only impartiality in a justice system, but also efficiency. This encouraged a relatively uncomplicated view on the AI applications that would facilitate the work of police and judicial authorities through identification, data management, facial recognition, crime prevention and risk assessment. Underpinning this reassuring hope is the concern for the protection of the essence of fundamental rights. Anchored in the practical examples arriving via the professional experience of magistrates, the use of AI can have adverse effects, undermining fundamental rights, such as the right to non-discrimination, the right to protection of personal data and to a private life, the right to freedom of expression, and the right to a fair trial given the increased risk of reproducing bias and perpetrating discrimination, not to mention the ability of criminals to make use of it for their own illegal purposes. Assumptions on the interaction of AI and the essence of fundamental rights start from the very nature of man and the structure of society and the EU legislator has tried to gather all of these essential elements under the roof of a limited number of policies and legislation instruments.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122356491","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article is devoted to the implementation of digital technologies in transportation. Nowadays the necessity and advantage of their use are not argued. However, along with the positive effect of the digital technologies in the sphere of transportation there is the other side of the coin. Firstly, it is the absence of common approach to the legal regulation of implementation of digital technologies in different countries. According to analysis, the national legislations operate with notions that sometimes are not used in other legislations or have some differences in the meaning. Such approach is not appropriate in international transportation as it creates obstacles that disturbs the transportation itself. The difference is intensified by the technical aspect. Each country has its own companies that elaborate the technical issues of the digital technologies implementation. Nowadays there is no single criteria for the developers of the software used in technical objects. Different approaches in the creation can leads to the situation when intelligent objects could not recognize each other and as the result there will be no any connection and interaction between vehicles and infrastructure itself that are deemed to the core objects of digital technologies in transportation. Secondly, there is a phenomenon that shows that on the one hand, modern society depend on appeared digital technologies. On the other hand, the majority of people are afraid of new technologies as they bring uncertainty and unknown. Moreover, digital technologies in transportation is the easy target for violation right and interests of users. This problem requires the consolidation of forces of all countries to overcome it and protect certain person, society and the state itself from the threat created by implementation of digital technologies. In spite of great amount of articles written in this field, there is no single approach for the solving of the problem. This fact makes the topic of research topical and worth of attention.
{"title":"Disputable Questions of the Use of Digital Technologies in Transportation","authors":"M. Bazhina","doi":"10.54934/ijlcw.v1i1.13","DOIUrl":"https://doi.org/10.54934/ijlcw.v1i1.13","url":null,"abstract":"The article is devoted to the implementation of digital technologies in transportation. Nowadays the necessity and advantage of their use are not argued. However, along with the positive effect of the digital technologies in the sphere of transportation there is the other side of the coin. Firstly, it is the absence of common approach to the legal regulation of implementation of digital technologies in different countries. According to analysis, the national legislations operate with notions that sometimes are not used in other legislations or have some differences in the meaning. Such approach is not appropriate in international transportation as it creates obstacles that disturbs the transportation itself. The difference is intensified by the technical aspect. Each country has its own companies that elaborate the technical issues of the digital technologies implementation. Nowadays there is no single criteria for the developers of the software used in technical objects. Different approaches in the creation can leads to the situation when intelligent objects could not recognize each other and as the result there will be no any connection and interaction between vehicles and infrastructure itself that are deemed to the core objects of digital technologies in transportation. Secondly, there is a phenomenon that shows that on the one hand, modern society depend on appeared digital technologies. On the other hand, the majority of people are afraid of new technologies as they bring uncertainty and unknown. Moreover, digital technologies in transportation is the easy target for violation right and interests of users. This problem requires the consolidation of forces of all countries to overcome it and protect certain person, society and the state itself from the threat created by implementation of digital technologies. In spite of great amount of articles written in this field, there is no single approach for the solving of the problem. This fact makes the topic of research topical and worth of attention.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128018532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Criminal procedure is a complex type of legal relationship that is coercive in nature. At the same time, the trend of liberalisation and humanisation of criminal and criminal procedure law leads to a differentiation of the criminal procedure form, including through the expansion of incentive procedures. At present, the law of criminal procedure in most States provides for certain types of proceedings which have the effect of encouraging a person accused of an offence by exempting him or her from criminal responsibility or by minimizing the amount of the criminal penalty. As a means of legal regulation, the rules on incentives impose legally binding obligations. Being strictly regulated by its form the procedure of procedural actions of the court and other professional participants of the process, involves the implementation of incentive rules, provided by the legislation in force, in the framework of the incentive form of criminal proceedings. The study has shown that the incentive form of proceedings can be implemented in criminal proceedings under the general procedure of court proceedings (implementation of restorative justice, reconciliation of the parties, termination of the criminal case on other non-rehabilitative grounds). The incentive form of legal proceedings is implemented directly in the context of simplified or accelerated court proceedings (when considering a criminal case under a special procedure, when entering into a pre-trial cooperation agreement, etc.). The analysis shows that encouragement in criminal proceedings is provided by the state in the form of relevant substantive rules providing grounds for exemption from punishment or grounds for preferential calculation of punishment. However, the state does not guarantee the implementation of such encouragement due to the discretionary powers of the authorised subjects and the plurality of persons involved in the incentive criminal procedure relations and their interests. The author concludes that the current state of the institution of incentives in criminal proceedings indicates its dynamism and transformation into a more complex procedural form, which is widely spread and implemented in the criminal process of many states. At the same time, we believe that the incentive form of legal proceedings in view of its mutual benefit acquires the features of universality, since the simplified and accelerated procedures for resolving criminal cases in most cases allow to take into account the interests of all parties involved in the case. Therefore, the incentive form of criminal proceedings is characterized by such features as universality, mutual benefit, efficiency. Under the current criminal procedural law, the incentive form of proceedings can include a special procedure for taking a judicial decision when the accused agrees to the charges, a special procedure for taking a judicial decision when the accused signs a pre-trial agreement on cooperation, the institution of release fro
{"title":"Incentive Forms of Court Proceedings as an Element of the Transformation of the Criminal Process","authors":"G. Rusman","doi":"10.54934/ijlcw.v1i1.14","DOIUrl":"https://doi.org/10.54934/ijlcw.v1i1.14","url":null,"abstract":"Criminal procedure is a complex type of legal relationship that is coercive in nature. At the same time, the trend of liberalisation and humanisation of criminal and criminal procedure law leads to a differentiation of the criminal procedure form, including through the expansion of incentive procedures. At present, the law of criminal procedure in most States provides for certain types of proceedings which have the effect of encouraging a person accused of an offence by exempting him or her from criminal responsibility or by minimizing the amount of the criminal penalty. As a means of legal regulation, the rules on incentives impose legally binding obligations. Being strictly regulated by its form the procedure of procedural actions of the court and other professional participants of the process, involves the implementation of incentive rules, provided by the legislation in force, in the framework of the incentive form of criminal proceedings. The study has shown that the incentive form of proceedings can be implemented in criminal proceedings under the general procedure of court proceedings (implementation of restorative justice, reconciliation of the parties, termination of the criminal case on other non-rehabilitative grounds). The incentive form of legal proceedings is implemented directly in the context of simplified or accelerated court proceedings (when considering a criminal case under a special procedure, when entering into a pre-trial cooperation agreement, etc.). The analysis shows that encouragement in criminal proceedings is provided by the state in the form of relevant substantive rules providing grounds for exemption from punishment or grounds for preferential calculation of punishment. However, the state does not guarantee the implementation of such encouragement due to the discretionary powers of the authorised subjects and the plurality of persons involved in the incentive criminal procedure relations and their interests. The author concludes that the current state of the institution of incentives in criminal proceedings indicates its dynamism and transformation into a more complex procedural form, which is widely spread and implemented in the criminal process of many states. At the same time, we believe that the incentive form of legal proceedings in view of its mutual benefit acquires the features of universality, since the simplified and accelerated procedures for resolving criminal cases in most cases allow to take into account the interests of all parties involved in the case. Therefore, the incentive form of criminal proceedings is characterized by such features as universality, mutual benefit, efficiency. Under the current criminal procedural law, the incentive form of proceedings can include a special procedure for taking a judicial decision when the accused agrees to the charges, a special procedure for taking a judicial decision when the accused signs a pre-trial agreement on cooperation, the institution of release fro","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"311 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132555040","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The International Journal of Law in Changing World: Introduction to the First Issue","authors":"D. Ferreira, E. Gromova","doi":"10.54934/ijlcw.v1i1.17","DOIUrl":"https://doi.org/10.54934/ijlcw.v1i1.17","url":null,"abstract":"Chief Editors’ Note","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"154 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129166828","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this article, the author considers the question of how the understanding of the essence of cryptocurrency as a destructive innovative technology is built. The position of the author lies in the fact that the cryptocurrency, even though it is, by all indications, one of the types of fintech, is considered separately in science. Due to this, in various works of scientists from different countries, one can note a trend towards a completely opposite understanding of what exactly is a cryptocurrency and what is its significance for changing the modern world financial system. Based on a comparative analysis of research positions, the author makes an attempt to evaluate several approaches to the definition of the concept of cryptocurrency. The author identifies three such approaches and also evaluates some purely local theories regarding cryptocurrencies and their nature. In order to express an individual position, the author highlights the main characteristics of the cryptocurrency and proposes to consider them not as a type of already existing currencies, but as a separate phenomenon. The author concludes that the study of cryptocurrencies at the micro and macro levels will allow not only to assess the risks of their use at a particular moment by specific categories of technology consumers but to assess the systemic nature of the phenomenon and its impact on the future. This, in turn, should allow answering the question of how and when it is worth starting to regulate cryptocurrencies by the law - and whether it is necessary to do this in general.
{"title":"Existing Approaches to Define Cryptocurrency for Possible Legal Regulation","authors":"Y. Kuchina","doi":"10.54934/ijlcw.v1i1.7","DOIUrl":"https://doi.org/10.54934/ijlcw.v1i1.7","url":null,"abstract":"In this article, the author considers the question of how the understanding of the essence of cryptocurrency as a destructive innovative technology is built. The position of the author lies in the fact that the cryptocurrency, even though it is, by all indications, one of the types of fintech, is considered separately in science. Due to this, in various works of scientists from different countries, one can note a trend towards a completely opposite understanding of what exactly is a cryptocurrency and what is its significance for changing the modern world financial system. Based on a comparative analysis of research positions, the author makes an attempt to evaluate several approaches to the definition of the concept of cryptocurrency. The author identifies three such approaches and also evaluates some purely local theories regarding cryptocurrencies and their nature. In order to express an individual position, the author highlights the main characteristics of the cryptocurrency and proposes to consider them not as a type of already existing currencies, but as a separate phenomenon. The author concludes that the study of cryptocurrencies at the micro and macro levels will allow not only to assess the risks of their use at a particular moment by specific categories of technology consumers but to assess the systemic nature of the phenomenon and its impact on the future. This, in turn, should allow answering the question of how and when it is worth starting to regulate cryptocurrencies by the law - and whether it is necessary to do this in general.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122730657","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The present paper focuses on the analysis of bibliography, jurisprudence and case studies internationally such as Bragg v Linden Labs, forming an analysis of the obstacles for the recognition of virtual property as well as providing arguments for it’s acknowledgment on a multitude of legal systems internationally, all the while incentivizing the debate for its implementation with the use of a set of doctrines and directives. For this purpose, we will make comparisons of the different concepts of property on an international scale through the analysis of a host of different doctrines and jurisprudence from the United States, Europe, Russia and Brazil, aiming to demonstrate the resilience or acceptance of this concept of property. Finally, we will present at the end of this article the aforementioned directives that will serve to guide future discussions and implementations of virtual property.
本文着重于对参考书目、法理学和国际案例研究(如Bragg v Linden Labs)的分析，形成了对承认虚拟财产的障碍的分析，并为其在国际上众多法律体系的承认提供了论据，同时通过使用一套理论和指令来激励对其实施的辩论。为此，我们将通过分析来自美国、欧洲、俄罗斯和巴西的许多不同的理论和法理学，在国际范围内对不同的财产概念进行比较，旨在展示财产概念的弹性或可接受性。最后，我们将在本文的末尾介绍上述指令，这些指令将用于指导虚拟财产的未来讨论和实现。
{"title":"On The Digital Singularity Recognising Virtual Property Through The Eyes of New Jurisprudence Over The Conflicts of Digital Goods","authors":"Bernardo Nejaim, I. Novikov","doi":"10.54934/ijlcw.v1i1.10","DOIUrl":"https://doi.org/10.54934/ijlcw.v1i1.10","url":null,"abstract":"The present paper focuses on the analysis of bibliography, jurisprudence and case studies internationally such as Bragg v Linden Labs, forming an analysis of the obstacles for the recognition of virtual property as well as providing arguments for it’s acknowledgment on a multitude of legal systems internationally, all the while incentivizing the debate for its implementation with the use of a set of doctrines and directives. For this purpose, we will make comparisons of the different concepts of property on an international scale through the analysis of a host of different doctrines and jurisprudence from the United States, Europe, Russia and Brazil, aiming to demonstrate the resilience or acceptance of this concept of property. Finally, we will present at the end of this article the aforementioned directives that will serve to guide future discussions and implementations of virtual property.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"145 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122399982","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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