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Copyright of Teoría & Derecho. Revista de Pensamiento Jurídico is the property of Editorial Tirant Lo Blanch SL and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper aims to outline relevant legal problems of domestic legislation in aspects such as evidence difficulties, the so-called legalisation of forgery, and choosing the legal qualification of forgery of print. The doctrine for many years has postulated (and still does) the increase of protection of works of art from crimes such as forgery would increase the safety and fair trade on the art market. However, legislators tend to omit this problem. So, the other possible acts are: the Polish Criminal Code, Act of 23 of July 2003 on the Protection and Guardianship of Monuments, and Act of 16 of April 1993 on Fair Trade. Each of these acts are analysed in the context of its evidential requirements to find the most useful one. The choice of a legal action depends on whether the work of art (print) is considered a monument as in the definition included in the Act on the Protection and Guardianship of Monuments. We then compared our results with cases prosecuted in Poland. [ABSTRACT FROM AUTHOR]

The article's purpose is to present partial research results devoted to the issue of criminal liability for counterfeit money or its surrogate and crimes related to such imitation. Partial results refer to the issue of the limits of the statutory threat of criminal punishment in various European countries. The analysis presented made it possible to distinguish the models preferred by the legislator for determining the criminal sanction for the indicated crimes. Moreover, those variants of sanctions (taking into account the lower and upper limits of the threat) that are most often used in legislative practice were indicated. The considerations led to the formulation of de lege ferenda postulates in terms of modification of the Polish Criminal Law. The research uses theoretical and dogmatic methods of analyzing the legal text of criminal statutes and the comparative law method. [ABSTRACT FROM AUTHOR]

Copyright of Economy & Market Communication Review / Casopis za Ekonomiju i Trzisne Komunikacije is the property of Pan-European University Apeiron and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article illustrate journalistic chronicles, building a whole imaginary of the criminal underworld of the federal capital Brazilian. It mentions that writer, Elysio de Carvalho has circulated chronicles in political and artistic movements until enlist in the Rio de Janeiro police in 1907. It discusses the mass entry of migrants into Brazilian territory with the end of the slavery regime and also mentions increasing criminal practices of scam and counterfeiting in South America.

It had its own characteristics that distinguished Beyoğlu from other administrative districts in Payitaht, especially in the second half of the 19th century. This was the center where various states’ embassies were located. The ancient Galata which was a trade center with sarrafs, bankers and traders was here. The amount, circulation speed of money was quite high here. It was a region that stands out with its multicultural structure where foreigners, Levantines and non-Muslim population were concentrated, work and reside. Beyoğlu was also the place where the security problems were experienced most in the capital in this period and crimes were recorded most in terms of various and quantity. Because of all these features that make Beyoğlu different, the officers to be assigned here were been selected with great care. In this sense, Bahri Pasha, who has served here for a long period of nine years, in various positions, was a successful manager. As a matter of fact, he was awarded with different degrees of medals in different years. However, Bahri Pasha had a lot of enemies as well as his friends because of his duty. Here he was accused of counterfeiting, which led him to have hard times while he was a manager. He was dismissed, arrested and tried. The events that took place in this process caused the reaction of Sultan Abdulhamid. What happened to Bahri Pasha is pointing out the existence of some power centers that were influential around the government and the public. [ABSTRACT FROM AUTHOR]

Important questions have arisen about the capacity of traditional questioned document methodology to differentiate between genuine and forged exemplars of an author's handwriting. This paper does not address that dispute. The paper describes the first part of a research project investigating whether imitators (forgers) can reliably differentiate between genuine samples and forgeries. This paper takes a different, cognitive neuroscience approach and investigates the overlooked topic of the mental processing of forgeries by forgers. The paper tried to examine the neural mechanisms of imitators' (forgers') attentive processing of forged and genuine exemplars. The data in this initial phase of the study showed imitators experienced more difficulty evaluating their own forgeries perhaps because the forgeries included both the features they had consciously copied and some of their own handwriting characteristics that they could not completely suppress. A subsequent phase of the study will use self-reporting and eye movement tracking studies, in this phase we shall attempt to identify the specific types of features the imitators relied on in correctly classifying the exhibit as a forgery. We shall then enlist the services of experienced questioned document examiners endeavor to determine whether those characteristics appear in genuine exemplars of the forgers' handwriting. The identification of those categories of features may hold the potential for improving both the detection of forgeries and the identification of the forger. [ABSTRACT FROM AUTHOR]

Copyright of History Studies (13094688) is the property of History Studies and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Objective To review confidentiality requirements of prescribers who become aware of a forged prescription. Design A case is reviewed in which a prescriber believes that a prescription has been forged. Results The literature and law related to prescription forgery and confidentiality are reviewed. Although prescription forgery is a crime, the prescriber's responsibility for reporting to law enforcement is not clear under current state and federal law. Federal laws and regulations, including the Health Insurance Portability and Accountability Act ( HIPAA), do not permit prescribers in all circumstances to disclose prescription fraud to law enforcement. Conclusions Under common circumstances, HIPAA may prohibit prescribers from reporting prescription forgery to law enforcement. However, collaborating with a dispensing pharmacist may offer a lawful pathway to reporting prescription forgery. State legislature may consider laws that clarify the reporting responsibilities of prescribers in cases of prescription forgery. [ABSTRACT FROM AUTHOR]

Les targetes bancàries, de crèdit i de dèbit, han constituït tradicionalment l'objecte central dels atacs no violents a patrimonis de les entitats bancàries i dels seus clients, a partir de la utilització de tecnologies basades en el desenvolupament de la informàtica i de les telecomunicacions. Si bé altres fraus i atacs patrimonials s'han sumat a aquestes pràctiques, el frau de targetes continua constituint una realitat criminològica de primer ordre.La resposta del dret penal a aquestes pràctiques ha anat mantenint una notable falta de sistemàtica, que en certa manera ha estat substituïda per l'actuació dels tribunals, els quals han anat distribuint la variada fenomenologia delictiva en els diferents tipus penals en els quals han encaixat millor. L'absència d'un delicte de frau amb targetes, la possibilitat d'actuar il·lícitament amb targetes reals o de confecció falsa, l'ús d'aquestes en caixers automàtics, en comerços o la seva numeració per Internet dificulten notablement la qualificació jurídica de les conductes. Els tribunals han anat aplicant els delictes de robatori amb força, estafa i estafa informàtica segons l'execució concreta de la conducta delictiva derivada de l'ús il·lícit de la targeta, si bé la voluntat de reduir al màxim els espais d'impunitat ha portat en algunes resolucions judicials a forçar la interpretació dels tipus penals més enllà de l'exigible.A això cal sumar-hi el tractament incongruent que el legislador ha donat a la falsificació de targetes bancàries, assimilant-la de forma genèrica a la falsificació de moneda, provocant una interpretació novament extensiva del Tribunal Suprem i assignant-li una penalitat sens dubte desorbitada.El recurs al principi de legalitat i al de protecció exclusiva de béns jurídics s'imposa en una matèria normativament confusa i amb un tractament judicial erràtic.

Intellectual property (IP) crime remains as yet a marginal topic in sociological and criminological investigation. This neglect is due in part to the perception that such offences are 'non-serious' and/or 'victimless'. This paper sets out to challenge such assumptions by examining a particular instance of IP crime, namely the counterfeiting of dangerous goods, and in particular the counterfeiting of automotive components. It is argued that such activities, now globally widespread, carry both significant economic costs, and that they pose substantial risks to public health and safety. Some of the key drivers of this trade are analysed, along with recent developments in law, policing, crime control and technological innovation that aim to curtail the counterfeiting of these and other dangerous counterfeit products. It is argued that IP crime comprises a socially significant and sociologically challenging phenomenon, one that deserves concerted attention from those working in the sociology of crime, law, health, risk, technology and political economy. [ABSTRACT FROM AUTHOR]

This article provides information on assisted and guided signatures. The question as to whether a signature is a genuine guided-hand signature or an outright forgery frequently poses an exceptionally difficult problem. A signature in which abnormalities occur because the hand of the genuine writer has been assisted or guided may be erroneously attacked as a forgery. On the other hand, a forged signature may be incorrectly accepted as genuine on the grounds that the abnormalities are due to its having been written while another person guided the hand of the writer. Much of the difficulty in determining whether such signatures are genuine or forged arises from the fact that both guided-hand and forged signatures usually contain abnormal characteristics such as restricted movements, tremulous, hesitant strokes, and variations or differences from the normal genuine signatures. In dealing with an alleged guided signature it is usually helpful to make tests in which one person guides the hand of another. Such tests should be made under writing conditions as similar as possible to the claimed conditions under which the questioned signature was written. The truth as to what occurred in an alleged guided signature problem must be found in the evidence itself. In matters of justice there is no presumption that animated witnesses speak more truthfully than silent circumstances.

This article discusses the conditions and factors involved in a forgery, where one or more aspects of the spurious signature are superior to the genuine from a penmanship standpoint. When a superior penman forges the signature of an inferior penman without any attempt to duplicate or copy it, it is a natural consequence that the counterfeit will be superior to the authentic in penmanship. Such a consequence however may also result in certain respects where there is a deliberate attempt to copy a signature being used as a model, if the forger is a better penman than the true writer. It is natural to expect that when a decrepit genuine signature such as that of an aged or infirm person is imitated, the product resulting may well be superior in penmanship because the better penmanship of the forger creeps into the performance. Such superior forgery however can also result from the imitation of an average normal adult signature where the forger is a better writer than the forgee.

The article reports on forging or transferring fingerprints. Its object is to report on numerous tests which have been conducted to determine: if, from a practical rather than a theoretical viewpoint, fingerprints can be transferred successfully; and if minutiae exist in latent impressions which will permit differentiating between originals and forgeries prior to development; assuming that methods can be developed for examining such minutiae in situ. The claim has been made by numerous dactyloscopists that fingerprints cannot be successfully forged or transferred. It is maintained that although admittedly good forged prints can be produced, a microscopic examination of the fine detail will invariably disclose characteristic imperfections. A fingerprint forgery may be either of two types. A forgery produced by means of a replica of the friction ridge pattern of a finger. This type includes all those methods whereby a rubber stamp or other cast is obtained which is a likeness of the actual friction ridge pattern.

The article focuses on laws of certain states which do not actually encourage forgery of wills and codicils to wills, they certainly make success easier for those who seek to profit by fraudulent documents of this kind. Fraud of this kind is, however, more frequently successful because no action is taken to contest a highly suspicious document where the undertaking appears to be hopeless. The laws favorable to forgery and fraud of this kind are those regarding holograph wills and codicils, also the physical form and binding, or separated sheets, of wills, and the legal presumptions which make it difficult to prove the fraudulent character of erasures and changes in wills and codicils, and certain old precedents and prejudices in certain states that make it difficult to prove the facts about any disputed document, and, finally, the requirement of the law that difficult technical problems of this kind must be submitted to anordinary jury. With these surrounding conditions almost any case in certain jurisdictions has at least a fighting chance to win and many cases are brought into court that would never be tried in other states.

The article focuses on wills written on unusual backgrounds, as well as those found in odd places and under peculiar circumstances, and which are, most of the time, forgeries. A forged document frequently bears physical evidence that stamps it as spurious. The paper may not be so old as the date on the document, or the typewriter on which it was written may not have been manufactured for months or years after its date. To an experienced observer the wording alone sometimes furnishes clues as to its spuriousness. One of the striking things about forged wills is how frequently women produce them. Women of middle age, or beyond, who claim to have been engaged to the deceased, or who were housekeepers or nurses during the deceased's last illness, are among the chief offenders in bringing forth forged wills. Certainly a spurious document does not lend itself readily to the triumph of crime. Just the opposite is usually true, the forged document rises to damn the perpetrator. A document is something tangible. It can be seen, it can be investigated, it can be studied under the revealing microscope, it can be photographed by the aid of ultra-violet light or infra-red rays. If genuine, it will survive these tests, if not, it may be exposed for what it is.

1. The equality of treatment given the prisoners of all classes in the Ohio Reformatory for Women gave an unusual opportunity to make a comparative study of the mentality of the various types of delinquents under controlled conditions. 2. The data presented covers the entire population of the prison, with a few unavoidable exceptions, for the five year period between July 1, 1925 and July 1, 1930. It summarizes the results obtained from 2185 women prisoners, 1360 of whom were white, and 825 of whom were negroes; 678 of whom were felons, and 1507 of whom were misdemeanants. 3. The method of examination was that of group testing, employing a battery of tests covering general abilities, performance ability, and literacy. These tests were supplemented by interviews and individual tests when necessary. 4. The results, expressed in terms of mental age, are compared with the racial norms established by the army psychologists during the World War. The comparison shows that white female prisoners deviate from their racial norm to a far greater extent than negroes deviate from their racial norm. 5. The median mental age of the entire white prison population was 11.31 yrs., or 1.84 yrs., lower than that established for whites by the army psychologists. The median mental age for white felons was 12.15 yrs., for white misdemeanants 11.17 yrs., or 1.00 and 1.98 yrs. respectively, below their racial median. 6. The median mental age of all the negro prisoners was 9.65 yrs., or .45 yr. below the norm for negroes in the general population. The median mental age for negro felons was 9.50 yrs., for negro misdemeanants 9.66 yrs., or .50 and .44 yrs. respectively, below their racial median. 7. The group composed of forgers and embezzlers was the only white group whose median mental age exceeded that of the white population in general. Among the negroes the groups convicted of forgery and embezzlement, petit larceny and pocket picking, prostitution, grand larceny, and auto... [ABSTRACT FROM AUTHOR]

This article discusses the concept of naive check forgery. The concept of naive forgery was devised to indicate forgeries committed by persons who have had no previous criminal record and no previous contact and interaction with delinquents and criminals. It is designed to exclude forgeries which are incidental to the commission of other crimes, and forgeries which are retrogressive or progressive phases of an already established criminal career. The theory of naive check forgery delimited can be stated in terms of (a) the characteristics of the crime (b) the person (c) the situation (d) the sociopsychological process. The hypothesis in general is that naive check forgery arises at a critical point in a process of social isolation, out of certain types of social situations, and is made possible by the closure or constriction of behavior alternatives subjectively held as available to the forger. The description of forgers in terms of temperament and personality tendencies is a much more hazardous academic task than their demographic characterization. It is also necessary to note the way in which the sociopsychological processes in the person interact with them to produce check forgeries. The special process is one of closure. This we take to mean a process whereby the tension initiated by a situation is resolved and the configuration tends to as complete or closed a condition as the circumstances permit. The concept denotes a demand for meaning as well as a fitting or selection from alternative modes of behavior to resolve a critical situation.

The article focuses on difficulties in proving forgery. The June 1934 issue of the Pennsylvania Law Review contains an article on the "Difficulties in Proving Forgery" by Albert S. Osborn. In it Osborn lists, as follows, some of the difficulties frequently encountered in attempting to prove a forgery, and then, in his usual interesting and convincing style, he discusses each difficulty at considerable length: positive supporting perjury by co-conspirators; definite and detailed perjury by relatives and friendly witnesses actuated by sympathy and friendship; restrictive legal rules still in force in certain states regarding handwriting and document expert testimony; objections and arguments by an alert attorney, whose aim is to prevent proof, who quotes the old critical pronouncements which were the direct outgrowth of the ancient laws excluding standards of comparison, reasons for opinions, and the use of enlarged photographs and all optical instruments; lack of scientific training and technical knowledge of the subject of forgery by attorneys and judges; etc.

This article talks about the case in Arkansas which states that bank, cashing forged check, is not the defrauded party, though drawer's account at time was overdrawn. Defendant raised a check to which the name of Pyeatte was signed as drawer. The indictment charged that the forging was done with the fraudulent intent to obtain the possession of the money and property of the said Pyeatte. Held the fact that drawer's account was overdrawn at the time forged check was cashed does not make the bank the defrauded party, since the drawer became liable to the bank for the amount of the check, though overdraft was increased.