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CRIMINALIZATION OF CORRUPTION: PHILOSOPHICAL AND LEGAL FACETS

Author(s): Aleksandras Dobryninas / Language(s): English Issue: 90/2016

The article discusses philosophical, historical and social issues of corruption. The authors analyse the peculiarities of perception of corruption in different paradigms of criminal justice: classical, positivistic, and constructionist, as well as its respective interpretation in terms of vice and sin, wrongful conduct, or conflict between public and private interests. The analysis presented allows to conclude that criminalization of corruption has its own legal logic and reflects existing social cultural context, and due to this reason cannot be considered to be a universal instrument of dealing with conflicts between public duties and private interests.

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SOVIETINĖ TEMIDĖ KLĖJOS RANKOSE

Author(s): Kęstutis Kilinskas / Language(s): Lithuanian Issue: 40/2017

About Monikos Kareniauskaitės dissertation „Nusikaltimas ir bausmė Lietuvos SSR“ and it's defense.

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ЗЛОСТАВЉАЊЕ И ЗАНЕМАРИВАЊЕ ДЕЦЕ У ПОРОДИЦИ

Author(s): Jelena Milenković-Vuković / Language(s): Bosnian,Serbian Issue: 3/2018

Abuse and neglect of children in the family is the most severe form of domestic violence and violence in general, due to the specificity of the biological, psychological and social characteristics of the child, as well as the relation of the child to possible criminal behavior. A family that should represent the ideal environment for the psychophysical, emotional and social development of the child, becomes the source of his neglect and abuse. The ill-treatment and neglect of children in the family is a social phenomenon that has always attracted the attention of the expert and scientific public, and has recently attracted the attention of domestic public opinion. Although numerous studies have shown that abuse and neglect of children in Serbia has increased, especially in the last 15 years, data on the extent of this phenomenon are very difficult to obtain, because the forms of this abuse are covered by the "family secret" and, in addition, statistical data are available are unreliable, since there is no single tracking and analysis of this phenomenon. This paper examines the forms of abuse and neglect of children, the prevalence of abuse and neglect, the characteristics of parents who abuse and neglect their children, the characteristics of child victims of abuse and neglect, and indicators of abuse and neglect of children. The aim of the research work is to search for statistical data on the phenomenological and etiological characteristics of abuse and neglect of children, with particular reference to crimes from different groups in which children are victims of abuse and neglect.

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GENOCIDE IN NORTHWESTERN BOSNIA AND HERZEGOVINA: A SOCIOLOGICAL AND PEDAGOGICAL ANALYSIS OF CRIMES AGAINST HUMANS AND AGAINST HUMANITY DURING AND AFTER THE WAR

Author(s): Goran Bašić,Zlatan Delić / Language(s): English Issue: 5-6/2018

The aim of this study is to reach a new understanding of genocide in northwestern Bosnia and Herzegovina during and after the Bosnian War (1992–1995). The analytical basis is a literature review of various studies from the domains of war sociology, social epistemology, and critical pedagogy. The analysis is based on the perspectives of the genocide in Bosnia as a process that began in northwestern and eastern Bosnia in 1992 and ended in Srebrenica in 1995 (in the Prijedor Municipality in northwestern Bosnia alone, more than 3000 civilians were killed in1992). Even after mass crimes directed against the very idea of humanity – and after genocide – it is necessary to work on a pedagogy of notions focused on the politics of reconciliation and the politics of emancipation of the oppressed and disenfranchised. Therefore, it is important for the culture of peace and the politics of reconciliation to spread and promote the considerable theoretical experiences of critical pedagogy in education. We need a peaceful orientational knowledge that provides the basis for new identity politics to evolve, politics that respect the right to be different and the right to bravely distance ourselves from criminal identity politics.

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STRAH OD TERORIZMA I TERORISTIČKIH AKATA MEĐU STUDENTSKOM POPULACIJOM

Author(s): Almir Pustahija / Language(s): Bosnian,Croatian,Serbian Issue: 1-2/2018

Reason(s) for writing and research problem(s): Theoretically and structurally, work is inspired by the author’s attempt to scientifically verify whether the amount of fear of terrorism and terrorist acts in the student population has influenced significant differences in the intensity of fear of terrorism and terrorist attacks and the interest for the information about the same (using different types of media as a source of information about terrorism), but also taking into account gender of the respondents, their geographical location and etc. Aims of the paper (scientific and/or social): The paper will try to examine fear of terrorism as such, primarily in Bosnia and Herzegovina, with the primary purpose of devoting greater attention to this issue as a scientific category, in addition to the already existing strategic political or more frequent journalistic sensationalist approach. Methodology/Design: Fundamental methods which represent the basis for this research are the analysis of primary data collected by survey research using the methods of content analysis, description, classification and specialization, comparative method and statistical methods for analysis of empirical data. Research/paper limitations: The limitations of this research may be inflicted by the impossibility of conducting research in more cities, in addition to the research conducted in Belgrade (Serbia), Split (Croatia) and Sarajevo (Bosnia and Herzegovina), but also taking into account the social environment that either has or hasn’t been exposed to acts of terrorism or terroristic threats. Results/Findings: The research was conducted at the Faculty of Law at the University of Belgrade (Serbia), Faculty of Law at the University of Split (Croatia), Faculty of Criminalistics, Criminology and Security Studies and the Faculty of Political Science at the University of Sarajevo (Bosnia and Herzegovina) on the sample of 1200 respondents, taking into account the local environment of security culture and terroristic threats, opportunities and risks of terrorism in these areas. The results have shown that gender is a significant predictor of fear of terrorism and terrorist attacks, but also there are statistically significant differences in the intensity of fear of terrorism and terrorist attacks when we compare those three states. In addition, there is no statistically significant difference in intensity of fear of terrorism and interest in getting information about terrorism with exception of the examinees from Bosnia and Herzegovina, as well as there is no correlation with the use of media in gathering information about acts of terrorism. General conclusion: Regardless of its extent, fear of terrorism and terrorist acts exist, and it is therefore important to continue research of this issue. Research/paper validity: The justification of the paper is in the fact that it represents beginning of a scientific research in the local community and will certainly stimulate future research in this area.

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CONCENTRATION CAMP RITUALS: AN EXTREME CASE OF INSECURITY

Author(s): Goran Bašić / Language(s): English Issue: 5-6/2014

Reason(s) for writing and research problem(s): This article analyzes the experiences retold by former concentration camp detainees who were placed in concentration camps like civilians at the beginning of the Bosnian war in the 1990s. Aims of the paper (scientific and/or social): The article aims to describe the recounted social interaction rituals after time spent in a concentration camp as well as identifying how these interactions are symbolically dramatized. Methodology/Design: The empirical material for this study was collected through qualitative interviews held with nine former camp detainees and four close relatives. Research/paper limitations: The analyzed empirical examples revealed how the camp detainees' victim identity is created, recreated, and retained in contrast to ‘the others’ – the camp guards. The camp detainees’ portrayal of their victim identity presents their humiliated self through dissociation from the camp guards. Results/Findings: The detainees’ new (altered) moral career is presented as a result of the imprisonment at the camp and the repetitive humiliation and power rituals. The importance of the camp guards was emphasized in these rituals, in which the detainees’ new selves, characterized by moral dissolution and fatigue, emerged. General conclusion: In their stories of crime and abuse in the concentration camps, the detainees reject the guards’ actions and the designation of ‘concentration camp detainee’. The retold stories of violation and power rituals in the camps show that there was little space for individuality. Nevertheless, resistance and status rituals along with adapting to the conditions in the camps seem to have generated some room for increased individualization. To have possessed some control and been able to resist seems to have granted the detainees a sense of honor and self-esteem, not least after the war. Their narratives today represent a form of continued resistance. Research/paper validity: The interviewees’ rejections of the guards’ actions and their forced “camp detainee” status could be interpreted as an expression of deritualization, leading away from their own earlier experiences. The subsequently illustrated myriad of everyday interactions, which can be distinguished analytically in the interviewees’ stories, expose rituals of humiliation, power, resistance, and status. Through these, we see the interviewees’ loss of identity, others’ recognition of one’s identity, emotional involvement, and different symbols of resistance.

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TERRORISM - SECURITY THREAT IN THE CONTEXT OF GLOBALIZATION

Author(s): Cătălin Peptan / Language(s): English Issue: 01/2019

THE AUTHOR DEALS WITH THE ISSUE OF TERRORISM, AS A GLOBAL THREAT, PERCEIVED DIFFERENTLY AT THE SOCIETAL LEVEL, DEPENDING ON THE LEVEL OF CULTURE, POLITICAL OR SOCIAL LIFE. IN THE FIRST PART OF THE THEMATIC PAPER, THE TERM TERRORISM IS DEFINED BY A THREE COMPLEMENTARY APPROACH, NAMELY THE ACADEMIC APPROACH, INSTITUTIONAL APPROACH / STATE DISCOURSE AND PUBLIC DISCOURSE. IN THE SECOND PART OF THE PAPER, THE AUTHOR EXPLAINS HOW THE PHENOMENON OF GLOBALIZATION, WITH ITS VARIOUS EFFECTS OF ECONOMIC, POLITICAL, MILITARY, SOCIAL, DEMOGRAPHIC, CULTURAL OR RELIGIOUS NATURE, HAS INFLUENCED TERRORISM, GIVING IT AN INTERNATIONAL VALENCY. ALSO, THE AUTHOR ATTEMPTS TO INCLUDE IN A SPECIFIC TYPOLOGY THE "NEW TERRORISM", INCLUDING THE MOTIVATIONS AND MANIFESTATIONS OF THE MODERN TERRORIST, IN THE ANTITHESIS OF "CLASSICAL TERRORISM", ALTHOUGH THE PROFILE OF WHAT WE CLASSICALLY CONSIDER TO BE A TERRORIST ATTACK BECOMES IN THE LAST TIME HARDER TO DEFINE, AND AT THE SAME TIME THE TYPOLOGY OF A TERRORIST IS EVEN HARDER TO UNDERSTAND.

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Kai nusikalstama dėl politikos

Author(s): Darius Indrišionis / Language(s): Lithuanian Issue: 45/2020

Apie Sigitos Černevičiūtės disertaciją „Politiniai nusikaltimai Lietuvoje 1919–1940 m.: teisėkūra ir teismų praktika“ ir jos gynimą

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KRIMINOLOŠKI FOKUS ISTRAŽIVANJA

Author(s): Adnan Fazlić / Language(s): Bosnian,Croatian,Serbian Issue: 1-2/2014

Review of: Adnan Fazlić - Karen T. Froeling, Nova Science Publishers, New York 2007., Criminology Research Focus (ISBN-13: 978-1-60692-601-7)

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Концепция гражданского правопорядка и свободы в поздней публицистике Г. Филдинга

Author(s): Irina Marikovna Erlihson / Language(s): Russian Issue: 1/2021

The author addresses the problem of power relations in the era of criminal justice reform, presented in historical narratives, taking into account the socio-cultural context and realities of Great Britain in the 18th century. The fight against crime during this period was haphazard in terms of both funding and organization. This, together with the critical attitude of various sections of British society regarding the use of militarized forces to maintain civil law and order, reduced the effectiveness of law enforcement mechanisms and, accordingly, led to an unprecedented increase in crime, which has become a popular area of public discourse. The subject of the analysis is the intellectual heritage of Henry Fielding, dating back to the turn of 1740—50, when the outstanding playwright and novelist served as Justice of the Peace of Westminster and Middlesex. The uniqueness of H. Fielding’s position is that his rich experience in the field of political journalism and jurisprudence allowed him not only to fight London crime, but to develop the ideological and conceptual foundations of British law enforcement practice. Application of special historical and source study methods (biographical, historical synthesis, discourse analysis, interpretation of texts and sources) to H. Fielding’s treatises that are little studied in Russian historiography (“Appeal to the Grand Jury”, “The True State of the Bosavern Penleza Case”, “Research into the causes of increased crime”). Allowed us to come to the following conclusion. Speaking from the position of an apologist for the British constitution, H. Fielding believed that it was the state that was the guarantor of civil law and order and argued for the need to create a state structure with a monopoly on the exercise of functions to control crim.

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Recenzja publikacji: Gdy kara nie wystarcza… O praktyce stosowania wybranych rozwiązań prawnych wobec sprawców z zaburzeniami psychicznymi stwarzających zagrożenie dla społeczeństwa. Agnieszka Gutkowska, Justyna Włodarczyk-Madejska, Joanna Klimczak..

Author(s): Katarzyna Witkowska-Rozpara / Language(s): Polish Issue: 27/2020

Review of: Katarzyna Witkowska-Rozpara - Gdy kara nie wystarcza… O praktyce stosowania wybranych rozwiązań prawnych wobec sprawców z zaburzeniami psychicznymi stwarzających zagrożenie dla społeczeństwa (A. Gutkowska, J. Włodarczyk- Madejska, J. Klimczak, P. Sidor, Wydawnictwo Instytutu Wymiaru Sprawiedliwości, Warszawa 2020)

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POSSIBILITIES OF APPLYING THE CHINESE SOCIAL CREDIT SYSTEM TO COMBAT TERRORISM

Author(s): Dominika Dziwisz / Language(s): English Issue: 69/2020

2011 saw the start of the pilot phase of the Social Credit System. The societies of democratic states interpreted it as an extreme example of human rights violation. In turn, what is usually forgotten is that the SCS is not the first citizen assessment system, because similar systems have been successfully functioning since 1960s in democratic countries. Scientific analyses of SCS operations are usually limited to its negative consequences. There are fewer attempts by governments of democratic states to assess the use of elements of SCS and algorithmic data analysis, for example in order to increase the level of security of citizens. As a result, this article presents the research hypothesis that elements of the SCS may be successfully applied also in democratic states for the purpose of more effective combating of terrorism. With modern methods of analyzing Big Data sets, it is possible, for example, to accelerate recognition of terrorist networks, support identification of sources of radicalization in online communities and increase the effectiveness of anti-terrorist strategies in order to protect citizens against contemporary terrorist threats. For such a system to be as effective as possible, it should take over some assumptions of the SCS which are explained in this article: Firstly, it should be centralized and controlled by the state. Secondly, the information obtained and processed should be used solely for the purposes of the state security policy, i.e. in the scope smaller than in the case of China. Thirdly, the data should be obtained from multiple sources, public and private ones, in order to increase the accuracy of predictions. Fourthly, the violation of the principles of social coexistence might result in specific penalties, and compliance therewith – in rewards.

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„Gdzie kończy się norma, (…) a zaczyna patologia”. Kilka uwag o niepoczytalności na gruncie wielomodelowego definiowania zdrowia psychicznego w świetle rozważań George’a E. Vaillanta

Author(s): Elżbieta Żywucka-Kozłowska / Language(s): Polish Issue: 52/2021

The common understanding of normality describes something which is not different, it does not go beyond the ordinary. Pathology in this point of view is located outside the area of described normality, equated with ordinaryity. This work attempts to establish pathology determinants as well as norms in the perspective of substantive criminal law, psychology and psychiatry. It may seem that all the arguments “for and against” based on legal provisions as well as the views of doctrine have already been put forward in this area. Between one concept and the other (sanity and insanity, as well as norms and pathologies), there is no vacuum. There are states whose essence is the lack of constancy in the broad sense of the meaning, as well as states which, on the one hand, fall within the field of pathology from the point of view of psychiatry and psychology, and in the perspective of the law do not constitute a condition of insanity or limited sanity.

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SOCIJALNI RAD S DJECOM I PORODICAMA U RIZIKU

Author(s): Nina Babić / Language(s): Bosnian Issue: 4/2021

Review of: Nina Babić - Socijalni rad s djecom i porodicama u riziku, Suada Buljubašić i Sanela Šadić, Fakultet političkih nauka Univerziteta u Sarajevu, 2021, 244 str.

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CONCENTRATION CAMPS IN THE MUNICIPALITY OF ZVORNIK IN 1992 IN THE FUNCTION OF COMMITTING THE CRIMES OF GENOCIDE AGAINST BOSNIAKS OF THE BOSNIAN PODRINJE

Author(s): Semir Maslić / Language(s): English Issue: 9/2020

The topic of this paper is the concentration camps in the municipality of Zvornik, established after its occupation in April 1992 by Serbian political and military structures during the 1992-1995 war against Bosnian society and the state. Concentration camps were established with the aim of creating an ethnically homogeneous territory along the Drina River, which was one of the main goals in the great state conception of Serbian ethno-territorial expansionism, which was ultimately to end with the creation of the “Greater Serbia”. The number, location and manner in which the concentration camps for the Bosniak civilian population in the Zvornik municipality functioned in 1992 indicate the intention to organize, plan and systematically destroy the Bosniak national, ethnic and religious group as such.

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Prikazi

Author(s): Katja Hrobat Virloget,Ruža Šutalo,Dajana Vlaisavljević,Vilma Benković,Ivana Filip,Simona Delić,Ana Stojanović,Suzana Marjanić,Marijana Hameršak,Sanja Đurin,Ana Gurić Parać,Davor Nikolić,Lidija Bajuk,Lada Stevanović,Barbara Majnarić,Ljubica Anđelković Džambić / Language(s): Bosnian,English,Croatian,Serbian Issue: 2/2021

Review of: Ljubica Anđelković Džambić - Stef Jansen, Razlog za dom, Institut za etnologiju i folkloristiku, Zagreb 2020., 277 str. Barbara Majnarić - Music and Dance in Southeastern Europe. Migrations, Carnival, Sustainable Development, Liz Mellish, Nick Green i Tvrtko Zebec, ur., Institute of Ethnology and Folklore Research, International Council for Traditional Music, Study Group on Music and Dance in Southeastern Europe, Zagreb 2020., 230 str. Lada Stevanović - Encountering Fear, Natka Badurina, Una Bauer, Renata Jambrešić Kirin i Jelena Marković, ur. Institut za etnologiju i folkloristiku, Zagreb 2020., 394 str. Lidija Bajuk - Damir Zorić, Silva rerum. Bilješke o ishodištima pučkih tradicija, Synopsis, Zagreb, Sarajevo 2020., 363 str Davor Nikolić - Ivan Marković, Uvod u verbalni humor, Disput, Zagreb 2019., 284 str. Ana Gruić Parać - Aida Brenko, Mareta Kurtin, Vesna Zorić, “Kapa dolje!” Priča o (ne) pokrivanju glave, Etnografski muzej, Zagreb 2019., 344 str. Sanja Đurin - Simon Beames, Chris Mackie, Matthew Atencio, Adventure and Society, Palgrave Macmillan, London 2019., 205 str. Marijana Hameršak - The Balkan Route. Historical Transformations from Via Militaris to Autoput, Florian Riedler i Nenad Stefanov, ur. Walter de Gruyter GmbH, Berlin/Boston 2021., 241 str. Suzana Marjanić - Lidija Delić, Mirjana Detelić i Ljiljana Pešikan-Ljuštanović, Glavit junak i ostala gospoda. Analize narodnih pesama, Zavod za udžbenike, Beograd 2017., 443 str. Ana Stojanović - Ekofeminizam. Između zelenih i ženskih studija, Goran Đurđević i Suzana Marjanić, ur. Durieux, Zagreb 2020., 486 str. Simona Delić - Bruno Ćurko i Stipe Surać, Mediteranski armerun. Jadranske letere i litrati. Fotobrevijarij s interaktivnom kartom Jadrana, Udruga za poticanje neformalnog obrazovanja, kritičkog mišljenja i filozofije u praksi “Mala filozofija”, Zadar 2019., 172 str. Ivana Filip - Tora Holmberg, Urban Animals. Crowding in Zoocities, Routledge, London, New York 2015., 178 str. Vilma Benković - Maurizio Catino, Mafia Organizations. The Visible Hand of Criminal Enterprise, Cambridge University Press, New York 2019., 346 str. Dajana Vlaisavljević - Groblja. Književno-kulturna materijalizacija smrti, Dragan Bošković, ur. Filološko-umetnički fakultet Kragujevac, Kragujevac 2019., 555 str. Ruža Šutalo - Drugi bosanskohercegovački slavistički kongres. Zbornik radova, knj. 2, Senahid Halilović, ur., Slavistički komitet, Filozofski fakultet u Sarajevu, Sarajevo 2019., 562 str. Katja Hrobat Virloget - Jadran Kale, Raprostiranje kulture. Kako ljudi stvaraju prostor, Naklada Slap, Sveučilište u Zadru, Jastrebarsko, Zadar 2021, 248 pp

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SOME REMARKS ON THE ISSUES OF THE CONSEQUENCES OF WAR RAPE ON THE EXAMPLE OF BOSNIA AND HERZEGOVINA

Author(s): Katarzyna Czeszejko-Sochacka / Language(s): English Issue: 01/2022

The civil war in Bosnia and Herzegovina was one of the bloodiest armed conflicts after the end of the Second World War. Despite the passage of years, it is still a painful part of reality for a large group of the country's population. During the war, human rights were violated in the form of ethnic cleansing, murders, and so-called genocidal rapes. Women who were raped face social stigma to this day. According to conservative estimates, approx. 4000 children were born as a result of rapes. Today, the adult generation of "children of shame" experiences social ostracism in almost all spheres of life. Their situation is affected by the fact that they are not recognized as "victims of war" under the current regulations. This situation is slowly beginning to change, but it is a long-term process that requires intensified efforts not only in Bosnia and Herzegovina, but also in the international arena.

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Werl Prison and the British Approach to Military Justice in Germany, 1945–1958

Author(s): Connor Sebestyen / Language(s): English Issue: 1/2022

This paper examines how the British Military Government treated German war criminals in custody, from the time of their sentencing in Royal Warrant courts to the time of their final release through mass amnesties by 1958. The British attempted to draw attention away from the imprisonment of war criminals, which was deeply unpopular amongst Germans, by treating them like ordinary common law criminals and having German warders guard them. The British came to deeply regret this system, as it undermined their public relations strategy and jeopardised security.

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Criminality in the Face of Life and Death: Crime and Criminal Prosecution as a Part of Everyday Life in the Warsaw Ghetto

Author(s): Judith Vöcker / Language(s): English Issue: 2/2022

This article provides an overview of the criminal prosecution of Jews from the Warsaw ghetto by German court entities during the Nazi occupation of the General Government. As the title suggests, a specific focus lies on how the residents of the ghetto were pushed into a legal gray area by an increasingly dense network of anti-Jewish legal guidelines. As this article also highlights, however, committing acts that the occupiers had deemed criminal offenses also sometimes aided Jews in their survival of imprisonment in ghettos. This article takes a chronological approach: it begins with a discussion of the history of “Jewish ghettos” from the Middle Ages onwards, leading up to the establishment of ghettos in the General Government throughout the early 1940s. Since the legal sphere is the focus of this article, it outlines the Nazi definition of a criminal offense in the Warsaw ghetto will and which social and personal changes the imprisonment in ghettos meant for Jews during occupation. Even though the Nazi restrictions made several dozen offenses legally punishable, even by death, committing these criminal offenses could ensure Jews’ survival, for example, by participating in illegal trade, smuggling, or the forging of identity cards or money. In this way, criminality became an increasingly frequent part of everyday life and survival of Jews imprisoned in ghettos. Through the establishment of so-called German Courts and Special Courts in the district capitals of the General Government, the occupiers set up a dense and expansive legal network through which they were able to prosecute any criminal activity on a seemingly official basis. In an attempt to make this history more tangible, this article discusses cases of smuggling, illegal trade, bribery, spreading rumors, and derogatory language as brought in the German Court and Special Court in Warsaw against Jewish defendants. Even though the German Criminal Code and a plethora of continuously issued legal decrees were rigously applied in these court proceedings, the verdicts of the German Court and Special Court in Warsaw were seldom consistent or stringent throughout the years of occupation.

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Противодействие торговле людьми в Украине в условиях вооруженного конфликта

Author(s): Anna Politova / Language(s): Russian Issue: 3/2022

The article is devoted to an actual problem - combating human trafficking in Ukraine in the context of an armed conflict. The author examines the concept of "trafficking in persons", enshrined in international legal acts and national legislation, and concludes that the approach to the essence of this phenomenon is ambiguous and the possibility of making mistakes when constructing the disposition of the norm of the article on trafficking in persons. It is noted that in the context of the armed conflict in Ukraine in cases of human trafficking, it is necessary for law enforcement agencies to develop general rules for qualification under art. 149. Human trafficking of the Criminal Code of Ukraine or under art. 438. Violation of the laws and customs of war of the Criminal Code of Ukraine, as well as it is recommended to amend the legal acts aimed at combating human trafficking.

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