We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
Review of: Prof. dr. Miomira Kostić, doc. dr Darko Dimovski, dr Filip Mirić: “Maloljetnička delikvencija kroz prizmu novinskig izvještaja u dnevnom listu ‘Politika’ 1904-1941.”, Centar za publikacije Pravnog fakulteta Univerziteta u Nišu, Niš, 2015, str. 316
More...
There is no simple definition for Antisocial personality disorder. However, the authors try to explain in their work a lot of healthy personality, to show the opinions of experts in Psychology and Psychiatry so we can have a perception of antisocial personality disorder. Antisocial personality disorder is often misinterpreted as a personality disorder at the time of puberty, when a young person running away from school, lies repeatedly, occasionally stealing, and generally falls into various unpleasant situations. If after leaving the phase of growing up person stabilizes and accept the social patterns of behavior it is a personality disorder, not anti-social personality disorder, which is more difficult and more complex. If the person continues to violate regulations, not respected socially acceptable patterns of behavior, lying, manipulating other people around, dealing with a variety of fraud, in violation of the law, and in the most severe forms without feeling towards other people, rape, murder, then we have an example of a real antisocial behavior and psychopathy (sociopathy). Today's research trying to prove the importance of genetic factors as the cause of such behavior (psychopathy), but should not be ignored either external causes such as abuse and neglect by their parents, bulling, rape at an early age, and other situations that may be "trigger" for antisocial behavior in some individuals.
More...
The paper analyzes the legally enforceable attributes of political responsibility imposed on political parties in the Russian Federation. Attention is paid to the problem of objective forms of political responsibility incurred by political parties. Three variants for formalization of political responsibility have been suggested: legislative description of its bases, certain conditions, and potential application of negative measures.
More...
Adoption of suspensive regulations when introducing new penal sanctions is subjected to criticism. The legal status of persons sentenced to imprisonment and penal labor is considered from the point of legal comparativistics. Similarities are found between serving the imprisonment sentence as penal labor and in penal colonies. Therefore, it is suggested to introduce a new denomination – custodial restraint with compulsory assignment of the sentenced person to labor instead of penal labor.
More...
Some problematic issues concerning the nature and socio-legal purpose of differentiation of the criminal responsibility are considered as the main directions of modern criminal policy. The grounds and types of differentiation of the criminal responsibility, its relation with allied institutions, including the conditions of its individualization, are defined.
More...
The article is devoted to the issues of regulation in the current criminal law of the responsibility for creation of a criminal association, leadership of such a unit, and participation in it, as well as to the problem of distinguishing between the complicity in crime and organized criminal activity. In accordance with the current Criminal Code of the Russian Federation, a criminal association is defined as an organized group (article 35, paragraph 3) and its variants, the responsibility for organization and participation in which is provided in five articles of the Special Section of the Criminal Code of the Russian Federation. In the literature, such associations are often identified with the forms of complicity in a crime. Based on the analysis of Russian and foreign criminal law, as well as of the recent approaches to this problem in science, the author expresses his own opinion on the matter and believes that the levelling of differences between complicity in a specific crime and complicity in organized criminal activities creates problems for classifying the activities of persons acting jointly. The aim of this research is to find out ways of the most effective application of criminal law on the liability for organized forms of criminal activity. In order to fulfill this aim, the methods of historical and comparative legal research are used along with other methods of scientific investigation.
More...
Attention is paid in the paper to the need for studying and solving the urgent problems concerning implementation of the prejudicial institution in criminal proceedings based on the decisions of inter-branch legal processes from the point of new methodological, i.e., systemic and institutional positions. The problems associated with the essence and implementation of inter-branch prejudgment are considered. Their potential solving is discussed. In accordance with the aim of this research, the following tasks are set: 1) to reveal the essence of the prejudicial institution; 2) to specify its properties; 3) to find out the peculiarities of mutual influence produced by various legal proceedings based on the prejudgment of court decisions. The study of this kind is for the first time performed in line with the theory of legal institutionalism and the systemic and institutional method for analysis of legal phenomena. As a result, the author’s definition of the prejudicial institution is given. Its main properties are described. The forms of prejudgment of the legal relations during criminal proceedings are singled out. The following major properties of the prejudicial institution are identified: the availability of actual and nominal holders; the specificity in relations between trial participants regulated by legal norm; time of validity; transparency of the prejudicial rights of participants of various legal proceedings; the degree of formalization of the prejudicial institution and securement of prejudgment in the legal and regulatory frameworks; the use of the mechanism of direct control over compliance with the prejudicial norms. The differential parameters of interrelation between the institutional relations when proving the circumstances in different proceedings are shown. Prejudgment of the legal relations (criminal sentences) in civil, arbitration, and administrative legal proceedings, on the one hand, and in criminal legal proceedings, on the other hand, is analyzed. Attention is drawn to the need to establish an efficient mechanism of legal regulation of the prejudicial institution. The practical importance and value of the work lies in applicability of the results of this study during the process of judicial activity for recognizing the prejudgment of certain inter-branch judicial acts.
More...
The author analyses the position of the Parliamentary Assembly of the Council of Europe (PACE) toward the questions of the responsibility of politicians. In resolution 1950 (2013) Keeping political and criminal responsibility separate PACE considers that “democracy and rule of law require that politicians will be effectively protected from criminal prosecutions based on their decisions. Political decisions should be subject to political responsibility, the ultimate judges being the voters”. The distinctions between political decision-making and criminal acts must be based on national constitutional and criminal law, which in turn should respect the principles, in line with the conclusions of the European Commission for Democracy through Law (Venice Commission). In resolution 19000 (2012) The definition of political prisoners PACE reaffirms its support for the criteria of “political prisoner” elaborated in 2001 by a group of independent experts of the CoE Secretary General, mandated to assess cases of alleged political prisoners in Armenia and Azerbaijan in the context of accession of the two States to Organization. Also PACE resolutions represent only so- called “soft law” (not legally binding), they have an important moral and political meaning, and may open the way for the further conventional regulation.
More...
In the ECtHR’s case- law free expression constitutes one of the most protected human rights, particularly when it addresses matters of public interest. A recent judgment (Eon v. France, March 14, 2013) dealt with a conviction for exposing of a poster: “Get lost, you sad prick”, during President Sarkozy’s visit to one of the constituencies. The ECtHR held that the conviction had been in violation of Article 10 of the Convention as – in its substance - it contained a political message and – in its form – it duplicated the formula used once by the President himself. The Eon court followed several earlier judgments and decisions in which the ECtHR challenged those criminal law provisions that provided for a particular punishment for insulting the head of state (Colombani and Others v. France, 2002; Pakdemirli v.Turkey, 2005; Artun and Guvener v.Turkey, 2007; Otegi Mondragon v. Spain, 2011). Also the Constitutional Court of Poland had recently (2011) an opportunity to examine a similar provision of the Polish Penal Code. It seems that it took less generous interpretation of the freedom of expression than the one adopted by the ECtHR.
More...
The article focuses on the problem of work in context of the thought of Michel Foucault. Initially an issue of the ambiguous character of work is addressed, mostly in context of Veblen’s and Dahrendorf’s theories. Work, from this perspective, may be, on the one hand, valuated highly, treated as a privilege and act as a tool of correction and selfdevelopment. On the other hand, lack of work can be either stigmatising (leading even to social exclusion) or being a sign of a high social status. In the latter case work is regarded as a toil and burden. Michel Foucault discussed work in context of the facilities of internment, both those that were to serve the disadvantaged people (poor, sick, mentally ill) and those that are the places of incarceration. In the great breakthrough of the 17th and 18th century many institutions and laws were, according to Foucault, designed with regard to utility. Therefore work became the tool for correction and normalisation as well as for punishment, a way to shorten the sentence, interned people were supposed to help the society, to repay for either their crimes or for the society’s help. Homo penalis was considered in terms of homo oeconomicus. The article discusses the issue of work in Foucault’s thought placing it in context of the incarceration, internment, utility and relations of power and knowledge.
More...
The problem of rape prosecution often has been the subject of analysis in the Polish literature. Changes in the download mode were on their side, both supporters and opponents. Although rape in Polish penal law is prosecuted at the request of the first codification throughout the duration of the next set, there were voices moving in the direction of the mode of enforcement for the prosecution office. Justification for these changes was different, depending on the period in which it occurred, political, economic reasons, etc. Again, these voices appeared in March 16, 2012 when the Civic Platform MPs directed an open letter to the Minister of Justice on the mode of prosecution of the crime of rape. Since that time, there was discussion about the merits of such changes. The response to the letter was a project of the Ministry of Justice in the enforcement mode changes announced on April 24, 2012, which was estimated in this study. The result of these events was return to the discussion on the issues of rape crime enforcement mode, starting from the analysis of the project, going through successive statements of doctrine and jurisprudence and ending with the international law, obligating Poland to introduce certain guarantees. Current question remains – the offense of rape – prosecuted at the request or ex officio?
More...
In this article, the authors analyze face-to-face and interactive tours of Robben Island, South Africa. Using ethnographic and rhetorical research methods, they consider the ways in which the Island employs themes of triumph over oppression as a form of nation building. In addition, they consider the ways in which museum narratives may limit how visitors think about social justice in contemporary South Africa.
More...
Refleksje pedagogiczno-teologiczne dotyczące procesu destygmatyzacji z postawy dewiacyjnej w normatywną ze względu na zastosowanie we wspólnocie kościoła katolickiego inicjuje cytat wypowiedzi Jana Pawła II do więźniów: „Jesteście skazani, to prawda, ale nie potępieni”. Dlatego narracja tego tematu opiera się na podejściu do prawdy o człowieku i Bogu, stosowanym przez uczonego wyznania mojżeszowego, Viktora Emila Frankla, znawcy Starego Testamentu, oraz Jana Pawła II, znawcy Starego i Nowego Testamentu. Ich podejście do tematu jest oparte na poznaniu tego samego Boga i człowieka przez rozum i przez wiarę, co nadaje mu oryginalne znaczenie w historycznym procesie starotestamentowego i nowotestamentowego wytłumaczenia pojednania – czyli powrotu do postawy normatywnej – w wymiarze jednostkowym i wspólnotowym, dotyczącym współczesności.
More...
Pedagogical and theological thinking about the process of destigmatisation from the deviation attitude into normative one according to using it in the Catholic Church’s Community is initiated by quote of John Paul II to prisoners: “You are sentenced, but not damned”. So that, narration of this topic is based on approach to truth – about a man and God – used by scholar of Jewish faith which was Victor Emil Frankl. He is called as the judge of The Old Testament as John Paul II the judge of Old and New Testament. Their attitude to the topic is based on knowing the same God and a man through the mind and faith, what confers on original meaning in the historical process of Old and New testament’s explanation for reconciliation. In other words, returning to the normative approach in the single and community dimension, involving contemporary times.
More...
The article discusses royal privileges granted to the Jews in Old Poland and examines the jurisdiction over Jews from the new perspective of relations with Polish customary law—“Law of the Land.” More precisely, it analyzes the content and procedures of the clauses guaranteeing Jewish physical security and shows their connection with land law and the practice of district courts, a connection that contributed to the incorporation of the Jews into the Polish legal system and practice.
More...
This article consists of two parts. The first part is based on the theoretical analysis of the concept of safety and prevention measures in road traffic, described in the existing literature and statistics. Whereas the second part focuses on the analysis of vehicle insurance as a financial instrument of economic safety of road traffic participants. In the 21st century, one of very important problems, not only socially but also economically, referring to Poland and other EU countries is the ongoing development of motorisation and, consequently, the progress in transportation. Unfortunately, this development sometimes leads to the growing number of road accidents and their effects.
More...
The biological weapons often is defined as ‘weapons of mass destruction poor’, because this is relatively cheap and easy in the production, hidden and relocation. The risk of the use biological weapons still seems to be very real. A possibility of using weapons of mass destruction (biological weapon) is arousing special danger by contemporary terrorist organizations. In this article in a synthetic, based on the available references and the unpublished information, author present the current level of threat of biological terrorism.
More...
In the presentation of this article I want to bring work and the importance of the Police Force to the public and to a small extent, affect the credibility and public opinion, which stems from poor informedness of Police Force and creates misrepresenting facts to police work. This is the main intention of the paper and also a reaction to the negative expression of some of the media to the address of the Police Force.
More...
This text analyses the arguments for and against shame penalties. A key reason why shame penalties seem unacceptable is their incompatibility with the right to dignity inherent to every human being: whereas guilt focuses only on the act, shame stigmatizes the whole person. The concept of ‘primitive shame’ reveals how the rationales
More...
All material (corporeal), processing and executive provisions related to criminal law in Republic of Serbia about juveniles are, in the new Law about juvenile committers and criminal law protection of juveniles from 2006. January 1st (LAJCCA), conjoint in one place. That is how the juvenile criminal law has been created. It is characterized as follows:1) principally, inquest of the juvenile injurers guilt is excluded, 2) among criminal sanctions towards juvenile injurers the priority belongs to the educable provisions comparing to the punishment that presents the exception expressed in juvenile jail implementation. By the way of exception with the juvenile jail can be punished only the older juvenile if he committed a crime for which the proposed punishment is over five years, if he is sufficiently mentally mature that he can understand importance of that crime and he control his acts and if the consequences of the committed crime are that grand, and the extent of guilt that high when the application of educative provisions wouldn’t be justified, 3) in the criminal proceeding towards juveniles, prosecution and juridical apparatus have wide authority in terms of starting, processing and terminating the proceeding. Those authorities consist of discrete rights to withdraw prosecution no matter what is the committed crime, if it is considered that it would be useful in terms of education and reeducation of the juvenile delinquent. The principle of utility has the priority than the principle of objectiveness. The court mandates consist of not only a wide scale of optional means and provisions, but of possibility to replace already delivered verdict with some other more convenient provision, if it is required by the specific situation and 4) in juridical system of the Republic of Serbia there are special jurisdictional bodies for struggle against juvenile criminality: special departments for juvenile delinquency in internal affairs agencies, a prosecuting attorney for juveniles and special juvenile council i.e. the juvenile court that supervises the whole criminal proceeding against any juvenile delinquent. The new juvenile criminal law anticipates two basic types of the juvenile criminal sanctions. These are:1) the educational measures and 2) the juvenile prison. They are legally anticipated measures of the social reaction towards the juvenile committers of the crime activities that are sentenced the legally determined organs in aim to protect the society from the criminality trough the education, reeducation and proper development of the juvenile. In this paper the author has analysed application of juvenile prison against juvenile perpetors of crimes in new juvenile criminal law of Republic of Serbia and comparatice law with theoretical, practical and comparative law aspects.
More...
