About this sample
About this sample
Words: 2450 |
13 min read
Published: Aug 30, 2022
Words: 2450|Pages: 5|13 min read
Ever since human beings were on earth, they have been caught up in later developments and artifice. Before this, these developments and advancements were for human life and survival. But as a couple of times passed, the right-of-way has also changed. Although it once ran on utilization as before, it also has an additional area. This relationship has now become a great concept that will later be called globalization. The concept of globalization. There is no doubt that terrorism and crime represent a threat to the country and of terrorists and groups to take advantage of globalization and spread around the world. However, this article analyzes the concept of globalization and its impact on terrorism and international crime. Current counterfeit area with international crime and terrorism scenes.
This study will give insight to the reader about globalization in law enforcement, what the impact of it if it’ll give negative or positive effects depending on some aspects. Moreover, it will enlighten those readers and will probably give them further understanding for what are occurrences happened and what are the possible solution to the issue being discussed.
In this topic, Globalization as a rational ground in law enforcement will be tackled. In this concept, human science is the most basic element and the ideal component of the theory, and at the same time, the most destructive part can be deception and controversy.
The concept of globalization is also suitable for complete definitions of this category. This concept is not only other concepts of human science but also floating and has no purpose.
Globalization has affected many areas of human life through various tools, and cyberspace has played the most important role. Although cyberspace and globalization have brought many benefits to human life, whether as a tool or as a process. Although, the process of globalization is precious to mankind and should not be ignored. This article, it tries to explain cybercrime in this era. Globalization focuses on global crime and related examples. Effects of The globalization of the national criminal law system were also investigated. The effect of globalization on social phenomena has led to this process to be considered a huge social change in societies. Today, many socio-economic issues, such as peace, crime, immigration, production, employment, technology development, environmental threats, income distribution, prosperity, social unity, and identity, are described as phenomena affected by globalization. International law, trade law, criminal law, and other branches of law are also affected by globalization. Moving away from nearby and approaching the far has made the law as a global phenomenon. The question of whether we agree about the globalization of the law or don’t is no longer the case. This is a fact; the law is globalizing, and often crises are the beginning of this process. Globalization has influenced everything, such as crime, criminal, and the Victim, the process of committing a crime, the trial method, reasons to prove a claim, criminalization, and decriminalization, and criminal policy. Globalization has created new challenges and sometimes has helped to not to settle the challenges.
These are, the invention of computers and access to cyberspace, which are factors contributing to globalization and are the cause of cybercrime. Criminals who are difficult, and sometimes impossible to detect their crimes in cyberspace. And also the internationalization of the world and the removal of borders have created new opportunities for criminals in profitable sections, such as economic crime in organized crime. The evolution of communication networks has also made it easy to transfer huge funds at a moment. This will make the offenders free from police and justice investigations. The diversification of organized crimes in the profitable sections is accompanied by the most sophisticated methods of action that require new methods for the prevention of crime. The main question is whether governments have acted simultaneously with the globalization trend in order to input the criminal titles to the criminal law and to remove the legislated crimes from this area. Are there any requirements or barriers to these actions? What are these requirements, and how are they determined? There are two main obstacles to aligning the process of criminality and decriminalization with globalization. One is the principle of territorial sovereignty of criminal laws and other cultural relativism. The purpose of the principle of territorial sovereignty of criminal laws is that these laws are enforceable against all offenders within the territorial sovereignty of a country, and are not applicable outside it. Each country claims to have the most appropriate and most effective legal system than the others, and with this idea, no country wants to lose its sovereignty under the influence of globalization. Due to the fact that the principle of territorial sovereignty is not sufficient sometimes to resolve international criminal cases, the principle of personal jurisdiction has been represented. If the principle of territorial jurisdiction and personal jurisdiction are also not applicable, to settling the defect the principle of actual jurisdiction will be considered. Defendants of some of the crimes that are arrested in each country are judged according to the criminal laws of that country If we do not distinguish between internationalization and globalization, as some people have said, it can be said that globalization of law has occurred in the crime of ‘piracy’ for the first time. Then, other crimes, such as drug smuggling and human smuggling, and sexual tourism, have been included in this process. Perhaps the most important criminality influenced by globalization is the criminality of dictatorial regimes. As is evident, a significant part of the history of the twentieth century has been accompanied by beastliness, and abuses, and has been responded by international communities. Following the Holocaust and other crimes committed The liberation of borders in the globalization process through the use of modern computer technologies has created a lot of troubles for governments, which are not settled individually. Legal barriers arising from the sovereignty of governments and the ease of crossing borders for delinquents are two conflicting poles of the globalization of rights that a solution has to be found for these problems.
Moreover on the one hand, the international crimes expressed through these conventions reflect the value and convenience defended by the international community, knowing to treat it as a crime When claiming human rights violations, include the most staunch advocates of government sovereignty ignore this concept. In fact, according to human rights, the rights of different countries are coordinated The standards have contributed to the formulation of global laws. This harmony is in a specific area. Due to differences in the concepts of discipline and justice, criminal law faces challenges. This is the main source of crime in each country, and in Supported values. This has led to differences in the quality of countries that accept global rules. The government and the government are willing to criminalize threatening behavior, Its main benefit is not only its willingness to criminalize threatening behavior. Their people. By accepting international treaties in the field of criminal law, governments restrict or abolish them in crime, punishment, Processing, trial, etc. But by accepting the principles and systems of the law, The international human rights system completely changed their penal system. Convergence, in fact, they are close to each other. The other obstacle is cultural relativism. Cultural relativism believes Legal principles depend on customs, traditions, environment, and objective factors. The consideration of relativism in some countries has become an excuse for violating the Convention. The general principle of human rights that has a common border with the criminal law, against Those who really insist on the universality of these rights. The criminal law stance emphasizes that criminal policy should always deviate from A more comprehensive understanding of the real situation of the crime phenomenon (and Factors that affect them), and prioritize prevention routes, such as a more reliable point of view, insisting on the subsidiary nature of crime must always be committed to becoming more humane and effective peace and justice, strengthen the image of democracy, make rights and At all levels of the criminal system, basic criminal and procedural assumptions can be fully protected. put one’s in. The universality of human rights is a new achievement of human rights civilization. Those who confront cultural relativism with the universality of human rights are Confused about understanding cultural concepts and did not provide an understanding of morality and its relationship with social behavior. In response to them, generally, Human rights norms do not belong to a specific culture. In fact, the legal translation is All human cultures surrounding them can develop moral rights. Related claims These specific cultural norms, on the one hand, are insulting other cultures the identity verification for specific cultures is more than sufficient. Therefore, pluralism includes the coexistence of different ideas and forms the common characteristics of human rights. The obligation and defense of cultural diversity, and the obligation The universal vision of human rights is the Declaration of Cultural Diversity. Since the authors of the declaration realized that cultural diversity and pluralism may be the source of human rights violations, the first part of the declaration is dedicated to cultural diversity and human rights. Criminal law is a valuable system that has violations of its requirements. Punishment is their guarantee of eternity and survival. Even in the process of globalization, the state system is forced to accept the rule of globalization regardless of the wishes of the rulers. Criminology and decriminalization in the global value system are based on human rights standards and desires for dictatorship, political and religious rulers, ideology, and cultural relativism. There is nothing they can do. The conviction, the resolution, the military attacks, the arrest, and the trial of those who violate these rights are other guarantees.
One of the most important liberal criticisms of criminal law is the security and the fortification due to this part of the law. In this case, people may feel more danger and insecurity. This aspect of criminal law isn’t irrelevant to the crime of globalization, especially through cyberspace. This objection can also be raised in another way by extreme advocates of human freedom because they are opposed to ways that restricted citizens without justification. In this way, the excessive use of barriers and restrictions leads to the creation of a constraint-oriented, executor-dependent, and militaristic society, or in other words, a quasi-fortress society. While in a civilized society, it should be decreased the limits as much as possible and human beings are restricted within the law framework this situation is the transition from a social state to a criminal state or a social security state. Today, a large number of criminal titles related to cyberspace have increased the fear of crime among citizens. It should also be mentioned the issue of crime prevention and the effects of the enforcement of globalized crime that has given a security nature to criminal law. The reason is that criminal law has entered most areas of life. Crime prevention tools also play the same role today. The development of crime prevention has created various branches of prevention that lead to the security space in societies. So, with the claim that global crime cyber crimes, such as cyber-terrorism, and organized cybercrime, are growing, and therefore require an answer from the armed forces, the police have also entered cyberspace. Although lawyers have got more importance for criminal trial rules in order to maintain community discipline and prevent crime and they consider the police only responsible for detecting and prosecuting crimes, but it should be admitted that the police can be considered as the most important crime prevention factor because their critical role requires to take steps ahead of time and get ready to face future insecurities. Undoubtedly, the massive anti-crime system adopted by the police, whether in the physical environment or in cyberspace, is the same, and the police will have the same place in the prevention of cybercrime. Indeed, police actions are nothing more than a general political of confronting other crimes, but what makes a difference in this area is the unique features of cybercrime, which requires its own implementation methods in order to realize this general policy.
Criminal law is the highest value and normative system. In fact, when criminal protection of legal value is presented in the form of criminal titles. The importance of these rules is becoming more and more obvious to everyone. The mission of criminal law becomes even more important when connected with human values and global human rights, because some Global human rights values are also part of the criminal law and are therefore protected Among them, in the era of globalization, it has been allocated to two parts of the law. section Part of this support is the responsibility of the criminal law, and the other part is the responsibility Of human rights. Since the founding of the United Nations, in the middle of the last century, criminal law It has also undergone some changes. After the changes of internationalization and globalization and the positive and negative changes That impact of both, one of the most important developments in the field of criminal law is The discourse of the system governing crime and punishment has changed. The era of globalization is affected by cyberspace. In cyberspace, certain types of Crime and victimization are not just in the real world, because it requires calmness and provides a safe environment for offenders and victims. So many crimes were committed Their traditional titles appear in cyberspace today. Fraud, counterfeiting, theft, etc. are The same traditional titles that may appear in cyberspace. Due to its uniqueness, cyberspace also presents challenges for crime prevention. These challenges don’t just come from cyberspace where crime is possible, but Also from the physical world. In addition to the imperceptibility of cyberspace, Files are not important in it, cyberspace can include various forms of prevention Challenges like switching and targeting can go far beyond the physical world, Violation of human rights, violation of privacy, providing Criminals, etc. So, in other words, the different nature of the criminal space can Change the evidence and proof of the crime, and even change the method of the crime Prevent it. Examples of global cyber crimes, such as economic crime and money laundering, Financial corruption, smuggling, terrorism, and espionage have exposed the majority The government adopted new disciplines to deal with crimes.
Thus, Other crimes are not internal or partial in nature and are not limited to physical crimes. surroundings. Therefore, the pervasiveness and intangibility of crime can be low. To sum up, what has been discussed, the sensitivity of sending it in an unrealistic environment makes it faster and easier. Criminals and organized crime have become easier. To this end, does crime phenomenon cannot be adjusted solely with the help of national norms and order?
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