"Kronika naše Kalvarije pod Italijo". Gradivo Komisije za ugotavljanje zločinov okupatorjev in njihovih pomagačev o obdobju 1918-1941

Author(s): Damijan Guštin / Language(s): Slovenian / Issue: 1/2000

The Committee Investigating The Crimes Committed By Occupiers And Their Accomplices was set up by the Slovenian National Liberation Movement in 1944 and continued working as a government body after the Second World War. Its task was not only to investigate the war crimes committed in Primorska, the Slovenian ethnic territory annexed to the Italian monarchy in 1918, but also to gather information on the specific, institutionalized violence exercised by the Italian state (through denationalization) and, in particular, the fascist forces between 1918 and 1941. In the paper, the author presents the scheme for ascertaining the various forms of pressure to which the population was subjected in the implementation of the denationalization policy, as well as the findings and their quantification.

(Nie)wykorzystywanie mediacji w sprawach nieletnich

Author(s): Magdalena Staniaszek / Language(s): Polish / Issue: 1/2018

Obecnie można zaobserwować zjawisko nadmiernego formalizowania reakcji kontroli społecznej wobec dzieci i młodzieży z przejawami demoralizacji – zwłaszcza dopiero zagrożonych procesem wykolejenia oraz nadto arbitralną rolę sędziego w sprawach z udziałem nieletnich. Mimo możliwości prawnej, sądy rodzinne niezbyt często kierują sprawy do postępowania mediacyjnego. W latach 2004 – 2016 najwięcej skierowano spraw do mediacji w 2006 roku - 366, a najmniej w 2014 roku – 198. W 2016 roku – 285 spraw, w tym łódzkie sądy – 13.Celem artykułu jest prezentacja badań dotycząca analizy spraw nieletnich skierowanych przez łódzkie sądy do postępowania mediacyjnego w latach 2011-2016.Przedmiot badań stanowi treść akt spraw oraz treść sprawozdania z postępowania mediacyjnego dotycząca wyniku zakończenia mediacji i warunków ugody, jeżeli taka została zawarta.Na podstawie analizy badań można wnioskować, że sędziowie kierują do postępowania mediacyjnego jedynie te sprawy, gdzie poszkodowanym i sprawcą są osoby małoletnie, a czyny karalne dotyczyły m.in. wymuszenia, naruszenia nietykalności, nękania. Z liczby spraw skierowanych do mediacji wynika, że sędziowie nadal nie są przekonani co do słuszności rozstrzygania spraw z wykorzystaniem sprawiedliwości naprawczej.

1876 Yılında Edirne Vilayeti’ndeki Asayiş Problemleri (826 Numaralı Ayniyat Defteri Verilerine Göre)

Author(s): Arzu Taşcan / Language(s): Turkish / Issue: 01/2021

Ayniyat notebooks are the notebooks where the writings sent from Sadaret in the XIXth century to the provincial administrators, ministries and other authorities were recorded exactly. There are registries about the administrative, financial, military, legal, social and other different matters in these notebooks. The main aim of this study is to determine public order problems which were reflected in the documents sent by Sadaret to the Edirne province in 1876 and are in the 826 numbered Ayniyat notebook. The documents in this notebook contain short letters sent to the province. In the letters, to the provincial administrators were informed about what they should do in front of complaints and requests of the public. The documents determined from the notebook on public order problems are about pillage, extortion, robbery, murder, damaging the crop and property, settling on someone else's property by force, land and pasture conflicts. The behavior of the administrators in provinces and state in the face of public complaints about these events that occurred in 1876 and earlier were scrutinized in the context of the documents in the notebook.

6284 Sayılı Kanun Kapsamında Tedbir Kararlarının Verilmesi Ve Uygulanmasına İlişkin Usul Ve Esasların Değerlendirilmesi

Author(s): Simge Aksu Kayacan / Language(s): Turkish / Publication Year: 0

Within the scope of Law No. 6284, it is possible to take a protective cautionary decision with regard to the persons who are protected and a preventive cautionary decision with regard to the perpetrator of violence. The followings are the persons protected within the scope of this Law; the women, the children, the family members and the victims of stalking who have been subject to the violence or at the risk of violence. The followings are the authorities that can take a cautionary decision; the judge of family court, the administrative chiefs and law enforcement officers. The judge of family court can take both protective and preventive cautionary decisions, the administrative chiefs can only take a protective cautionary decision. In cases where delay is considered to be risky, the law enforcement officers can take some of the the protective cautionary decisions identified within this Law which can be taken by the administrative chiefs and some of the preventive cautionary decisions which can be taken the judge. The cautionary decision can be taken for the victims and perpetrators of violence within the scope of this Law upon request or ex officio. The cautionary decision can be taken for a six month period at most initially. No evidence or report providing violence is required in order to take a cautionary decision. The fact that the cautionary decision haven’t been pronounced or notified to those concerned does not constitute an impediment to implement the decision. With regard to the perpetrator of violence who acts contrary to the requirements of the preventive cautionary decision, the preventive imprisonment is ruled by a judicial decision even if the act constitutes crime. In each recurring action contrary to the requirements of the cautionary decision, the period of the preventive imprisonment is increased. But the total duration of the preventive imprisonment shall not exceed six months. The judge has no discretion with respect to decide on the preventive imprisonment in the event of violation of the cautionary decision. In order to decide on the preventive imprisonment, the cautionary decision must be pronounced or notified to the perpetrator of violence including the legal warning stating that in case of acting contrary to it the preventive imprisonment in respect to him will be issued. The cautionary decisions and decisions regarding to the preventive imprisonment may be appealed to the family court by the relevant persons. The decisions on appeal are final. In this paper, it is aimed to examine and evaluate the issues of making and implementing the cautionary decisions, acting contrary to the cautionary decisions, appealing against the cautionary decisions and the decisions regarding to the preventive imprisonment by making use of relevant legislation, scientific studies and judicial decisions, besides addressing and offering solutions to the problems encountered.

A ‘back to basics’ approach to offender supervision: Does working alliance contribute towards success of probation?

Author(s): Jennifer Hart,Kimberly Collins / Language(s): English / Issue: 2/2014

Working alliance (WA) considers the bond between two people, and their ability to work collaboratively to set goals and tasks. In the present study, WA was applied to probation to assess the relationship between a probation officer and offender. Questionnaires were administered to offenders to examine the impact of offender risk and offence type upon the development of WA, and how WA predicted perceived success of probation. WA did not differ as a result of risk or offence type but was highly predictive of success of probation. Results were discussed in terms of task, bond and goals and how these are a cost-effective method of improving success of probation.

A comparison of two structured professional judgment tools for violent extremism and their relevance in the French context

Author(s): Martine Herzog-Evans / Language(s): English / Issue: 1/2018

France has repeatedly been hit by terrorist attacks making the use of a structured professional judgement tool essential. Two such tools currently are used in Europe: VERA (Canada) and ERG 22+ (England and Wales). We compare these tools to assess which one would better suit the French context. We find that they have a lot in common in terms of their general content and intrinsic value. However, VERA’s main understanding of terrorism is ideology, whereas ERG’s perceives it as being essentially about identity. ERG was the first tool to introduce a measure for psychopathology; only VERA contains a list of protective factors. The two instruments were developed in similar ways with, for ERG, more emphasis on extremist offenders’ casework. Crucially, ERG 22+ has been developed on the basis of UK cases that are closer to the French extremist populations, with a legal threshold for what constitutes a terrorist or an assimilated terrorist offence, which is similarly low. Lastly, ERG’s structure is simpler and contains less items requiring access to classified data, a crucial factor in a jurisdiction with little interagency information sharing. Although the two tools are intrinsically comparable, ERG seems overall better suited to the French context. This exploratory conclusion ought to be confirmed with field comparisons.

A Framework for a Restorative Society? Restorative Justice in Northern Ireland

Author(s): Vicky Conway,Brian Payne / Language(s): English / Issue: 2/2011

Presenting findings of an unparalleled study, mapping the extent of restorative practices in Northern Ireland, this article argues that while some examples of the use of restorative justice in Northern Ireland have been researched in detail, it is in fact being employed in a much wider range of contexts, including schools and children’s care homes. This diversity in restorative justice deployment is used to frame arguments for restorative justice to be given stronger footing by government citing the great potential for Northern Ireland to become a ‘restorative society’. Key findings from the mapping research are presented as an explanation for previous growth in restorative practices to date and as a facilitator for further growth both in Northern Ireland and in other jurisdictions. These include recognition that the definition and application of restorative justice must be determined by situation and context, and that the continued expansion of restorative practices is dependent on the cross-fertilisation of ideas both from abroad, but also between organisations within a jurisdiction.

A Half-Century of Experiences with the Polygraph

Author(s): Jan Widacki / Language(s): English / Issue: 1 (51)/2020

A home is more than a roof over your head: Post-prison reintegration challenges in Austria

Author(s): Doris Schartmueller / Language(s): English / Issue: 1/2020

Life after prison can pose challenges for the formerly incarcerated, their families, and wider communities. This research studies Austria where probation services are either mandated by the court or sought voluntarily after prison. Through semi-structured interviews with formerly incarcerated individuals, reintegration experiences from their perspectives are examined. The narratives emphasized social factors that either assuage or complicate life after prison. The main factors addressed were stable housing, the maintaining and (re)building of relationships, and employment. Overall, a lack of stable housing appeared to complicate life after prison the most and also negatively affected relationships and employment. For some, life after prison was further exacerbated by immigration status and a perceived stigma related to the nature of one’s convictions. This study shows the importance of working towards a better understanding of the social context individuals are released into after prison to better meet their individual needs and to counteract recidivism.

A human rights-based approach to community justice: Adding value to desistance focused practice

Author(s): David Cross / Language(s): English / Issue: 2/2017

The article explores what is meant by a human rights-based approach to supervision and how such an approach can converge with desistance focused practice in order to impact on its effectiveness. Placing the discussion in the wider context of human rights developments in social services and of desistance focused approaches to effective supervision in the community, I explore the extent to which a human rights approach can add legitimacy to a desistance approach, identifying common themes between the approaches that would support this case. My findings support the contention that a human rights-based approach to supervision can add value to practice that supports desistance from crime.

A Hundred Years of Polygraphy: Some Primary Changes and Related Issues

Author(s): Frank Horvath / Language(s): English / Issue: 1 (51)/2020

A Literary Aesthetics of War Crime

Author(s): Rafe McGregor / Language(s): English / Issue: 61/2021

In order to develop a literary aesthetics of war crime, I examine the phenomenon of moral immunity in military memoir. Using three paradigmatic examples of memoirs of unjust wars characterised by the routine perpetration of war crimes, I argue that moral immunity is achieved by means of three literary devices: literary irresponsibility, ethical peerage, and moral economy. I then employ the proposed literary aesthetics of war crime to provide an answer to the perennial question of the relationship between literature and morality as well as to two specific instantiations of this question, the value interaction debate in literary aesthetics and the ethics of reading in literary theory. My conclusion is that the literary aesthetics of war crime demonstrates both that there is a systematic relationship between aesthetic value and moral value and that there is no systematic relationship between literary ambiguity and moral uncertainty.

A Reflection on the Survival of Fahrudin Meminović

Author(s): Keith D. Doubt / Language(s): English / Issue: 4/2020

It is difficult to understand the executioners of the genocide in Srebrenica. What were they doing? Why were they doing it? What were they thinking? How could they have done what they did? In Srebrenica MCMXCV [2017], Emir Suljagić recounts a testimony from an executioner told to the International Criminal Tribunal for the former Yugoslavia after a massacre near Srebrenica in July 1995: From that pile, that heap of dead bodies that did not resemble human bodies any more, a human being emerged. I said human being, but it was actually a boy, five or six years old. It was unbelievable. Unbelievable. A human being came out and started walking towards a path, a path along which men were standing, doing their job, carrying automatic rifles… And then, out of nowhere they all put their guns down and all of them were just paralysed. And it was only a child in front of them. . . . And this child was covered in the tissue and intestines of other humans . . . And this child emerged from the pile of executed people, calling: «Babo»…. this is their word for father. The boy said, «Babo, where are you?»

A Study on the Comprehensive Comparison between Indigenous Cattle Rustling and Modern Cattle Rustling in West Pokot County, Kenya

Author(s): Andrew Gitau Kimani,Casper Masiga / Language(s): English / Issue: 12/2020

Evidence of change in cattle rustling practice among pastoralist communities worldwide has been noted with globalisation, education, and modernisation, among other factors. However, there is little known about transformation in men and women’s involvement in this practice in the wake of easy accessibility of small and light weapons (SALWs) and breakdown of the traditional leadership and control systems. This paper examined the transformation in cattle rustling practice among the Pokot community in West Pokot county. This study’s target population included adult residents of Pokot community, community elders, opinion leaders, political and administrative leaders, and local and international NGOs dealing with cattle rustling issues in West Pokot county. Multi-stage sampling technique was used to recruit 350 respondents. An unstructured questionnaire, a critical informant interview guide, a focus group discussion guide, and an observation guide were used to collect primary data. Qualitative data collected was analysed using patterns and critical themes of this particular objective. Quantitative data analysis was organised using the SPSS software version 2.0 and analysed using various descriptive statistics. The findings indicated that transformation in cattle rustling had seen a cultural activity for the young people to demonstrate their courage and wit and become a murderous criminal endeavour. The community no longer benefits from cattle rustling, but only a few are driven by greed to reap where they never sow. Illiteracy, poverty, unemployment, community conflicts, possession of firearms and insecurity were identified as the leading causes of cattle rustling. Access to formal education has seen many in the school-going age among the West Pokot get exposed to literacy, which has gradually recorded a positive transformation about its cattle rustling practices. Based on the findings, the paper makes the following recommendations to address the problem of cattle rustling among the people of West Pokot County: Enlightenment on contemporary ways of life; formal education among the Pokot to be advocated for; enhancing Security in West Pokot; opening a platform for peace talk and persuasions and operationalising the Eastern Africa Police Chiefs Cooperation Organisation (EAPCCO) protocol.

ABOUT RESEARCH METHODOLOGY IN SOME AREAS OF THE FIGHT AGAINST CRIME

Author(s): Sergey Kolb,Alyona Godlevskaya-Konovalova / Language(s): English / Issue: 3/2018

The article deals with the state and essence of the methodology of investigations in the field of combating crime, identified the potential of certain methods of knowledge of the content of socio-legal phenomena and processes, which, in particular, relate to issues of criminal-executive activity, as well as proposed author's variants of more effective use of scientific methods for assessing the current state of law and order in penitentiary institutions and institutions.

ABOUT SOME HISTORICAL "RELAPSES" OF FIGHT AGAINST CRIMINALITY IN THE FIELD OF IMPLEMENTATION OF PUNISHMENTS OF UKRAINE

Author(s): Volodymyr Ortynskiy,Roksolana Kolb / Language(s): English / Issue: 3/2018

The article analyzes the legal and normative principles on the basis of which the fight against crime in Ukraine was carried out on the so-called Soviet day, defined the peculiarities of this activity and established the regularities of the emergence, functioning and development of this socially dangerous phenomenon in places of deprivation of liberty.

ABOUT SOME REGULATORY LEGAL FRAMEWORK OF THE FIGHT AGAINST CRIME IN THE SPHERE OF EXECUTION OF PUNISHMENTS

Author(s): Alexei Humin,Lesia Duchiminskaya / Language(s): English / Issue: 3/2018

The article analyzes regulatory legal sources on the issues of combating crime in penal institutions of Ukraine and the effectiveness of their application in practice, as well as identifies the main problem issues to be studied at the scientific level.

ABOUT SOME TENDENCIES OF COMMITTING CRIMES IN THE FIELD OF EXECUTION OF PUNISHMENT OF UKRAINE

Author(s): Alexander Kolb,Taras Mis'kiv / Language(s): English / Issue: 4/2018

The article identifies the main tendencies of crime in the colonies of Ukraine in the current conditions, as well as analyzes its main indicators taking into account their influence on the state of law and order in the penal institutions and the level of effectiveness of preventive activities.

Abuse of Office

Author(s): Valentina Avramescu / Language(s): English / Publication Year: 0

The paper presents the topic regarding the crime of abuse of office, a crime provided by the current Criminal Code in Chap. II - Offenses service, Title V - Crimes of corruption and service. The paper presents the legal definition of this crime, its legal object, with the two aspects: special and material, the subjects of crimes and criminal participation. It also talks about the constitutive content, consisting of the objective side, the material element of the objective side, the causal link between the action or inaction provided by the legislator and the immediate consequence, the form of guilt in terms of the subjective side, and the forms, modalities, sanctions and procedural aspects of this type of crime.

ACTION PLAN ON SUSTAINABILITY OF FIGHT AGAINST TAX FRAUD AND TAX EVASION: EU COUNTRIES COMPARISON

Author(s): Ján Dobrovič,Rastislav Rajnoha,Iveta Vozňáková,Petra Pártlová / Language(s): English / Issue: 4/2019

The aim of the article is to describe the activities of tax authorities in carrying out tax inspections and also the activities of its bodies aiming at eliminating tax fraud and tax evasion in order to maintain the sustainable development of individual Member States' economies. Given the fact that VAT revenues represent a substantial share of all EU state budget revenues, financial administration should pay attention to this issue as well, starting with registration of taxpayers, through inspections and efficient and quick actions of distrainors in recovering tax arrears. The biggest losses incurred by individual state budgets are caused by VAT frauds which are having a character of an organized crime. It is therefore inconceivable that their detection, documentation, enforcement and punishment are not organized properly. The anti-fraud measures proposed in this paper are based on legislation, and their success implies a centralized approach to addressing the issue and seeking coordinated efforts by competent EU Member States. Neither of the proposed anti-fraud instruments is sufficiently effective when applied individually. However, by adopting all the measures proposed and their consistent implementation in practice, we can minimize the rate of VAT frauds committed.