(NE)POMIRLJIVOST KAZNE DOŽIVOTNOG ZATVORA I LJUDSKIH PRAVA

Author(s): Vladica Ilić / Language(s): Serbian / Issue: 2/2019

Since May 2019, Serbia has joined the majority of European countries which have the sentence of life imprisonment in their criminal justice systems. Despite the refusal of the competent authorities to hold a public hearing on the issue, the introduction of life imprisonment, excluding the possibility of conditional release of convicted persons for certain offenses punishable by this sentence, was met with noticeable interest and activism by representatives of the domestic and international professional public. Particular attention in the paper is devoted to human rights standards relating to life imprisonment, mainly stemming from the case-law of the European Court of Human Rights. The paper analyzes the possibility of application of human rights standards within the current criminal law legislation. At the end of the paper, the author points to possible de lege ferenda directions that could represent an alternative to life imprisonment, considering it a serious challenge for protection of the dignity of convicted persons.

(Re)defining the complementary institution of Conditional release in Romania (2000-2019)

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Author(s): Vladimir-Adrian Costea / Language(s): English / Issue: 1/2020

This article aims to investigate the legal and political evolution of the institution of Conditional release in Romania between 2000 and 2019 with a special focus on the abrupt changes during the mentioned period. The aim of this research consists in bringing together the redefining of the regulatory framework of Conditional release in relation to the dynamic political context and personal strategies used by the right-holder of individual liberation. Two important episodes need to be recalled for the redefinition of this concept: the establishment of the National Anticorruption Directorate; and the reform of criminal legislation, after Romania’s accession to the European Union. The general objective is to explain and understand the different stages in which liberation committees and courts of law have made use of the prerogative of dispensing conditional release, given the social role that the complementary institution of Conditional release within the institutional, territorial and functional scheme of the rule of law. I will show that amendments to criminal law, along with changes in court practice, have led to a reduction in the level of consistency between the decisions of the liberation committees and courts of law. Different legitimating strategies used by right holders are the main unexpected result of this research, as restrictive legal provisions apply to both decision levels.

1950 Yılında Çıkarılan Genel Af Ve Yansımaları

Author(s): Sabit Dokuyan,Ahmet Coşkun Tekin / Language(s): Turkish / Issue: 36/2017

The discussion of amnesty which begins after establishing republic becomes the main topic of conservation in different times until today. Amnesty problem which is put forward to compatible with political interest in sometimes, it is sometimes seen as a social need, too. General amnesty does not come to the fore quite a while just after two general amnesties which are granted in 1923 and 1933. The number of people increases considerably in prisons with the amount of crimes which are related to the negativity of Second World War. The subject of amnesty comes to the fore again in the free environment which is occurred by multi-party system in 1945. General amnesty which is planned to put forward by People’s Republican Party but unachievable, it is brought into action by Democratic Party government. In this study, it will be mentioned generally about the term of amnesty and it will be tried to clear up the implementation of amnesty and developments after this, discussions which happen during the granting of amnesty, the reasons of general amnesty which is granted in 1950.

735 lat zwalczania i... Rzecz o korupcji w Rosji

Author(s): Katarzyna Laskowska / Language(s): Polish / Issue: 2/2009

The phenomenon of corruption in Russia, shown in the historical perspective, is described here by changes of legislation in this matter throughout the ages. It is clearly seen that changes of legal regulation tried to penalize many new aspects of bribery and to increase of penalty. The attitude of the society, both Russian and Soviet, shows that legal regulations have been ignored not only by citizens, but also by the state’s officers. The scale of corruption now and damages it causes is an evidence that there is no effective system of protection against these crimes in Russia.

A Case of Successful Transitional Justice

Fritz Bauer and his Late Recognition in the Federal Republic of Germany

Author(s): Jakub Gortat / Language(s): English / Issue: 2/2017

Germany is an example of a country which has been implementing transitional justice for decades and is still active in this field. What is more, contemporary Germans have recently come to terms with their not-so-distant past and their negligence in this area by showing the falsehood, backwardness, and injustice as negative foundations of the young Federal Republic. This article evokes the person of Fritz Bauer, the prosecutor in the state of Hessen. His struggle for human dignity and the memory of his achievements after his death exemplify an accomplished case of transitional justice and the memory of it. During his lifetime he contributed to bringing to trial numerous Nazi criminals, even at the cost of habitual threats and disregard. Forgotten for a few decades, Bauer and his legacy have been recently rediscovered and studied. Eventually, Bauer became a movie character and was finally brought back to the collective memory of Germans. The belated, but a well-deserved wave of popularity of Fritz Bauer in the German culture memory proves that reflections on the transitional justice are still topical and important.

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 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 Judicial Review of the De Facto Detention of Foreigners in Turkey

Author(s): Gamze Ovacık / Language(s): English / Issue: 2/2020

The term, de facto detention, refers to instances in which foreigners are held or deprived of their liberty usually with a view to preventing their entry into a country or expelling them from a country, but without implementing a legally prescribed detention regime that satisfies the criteria of the rule of law. The first type of de facto detention occurs when provisions regulating detention are absent or deficient in the legal framework. The second type takes place when domestic law sufficiently regulates detention regimes; however, the law is not duly implemented in practice. This article examines judicial practices in Turkey in both categories of de facto detention, analysing 37 Turkish court decisions with supporting case law from the European Court of Human Rights. Focusing on case law makes it possible both to track deficiencies in administrative practices and to analyse judicial response as a tool for rectifying unlawful administrative practices.

A STEP TOWARD IMPROVEMENT OF POLICE PERFORMANCE ASSESSMENT AS SUBJECTS OF COMBATING FINANCIAL AND ECONOMIC CRIMES: EXPERIENCE OF UKRAINE AND SLOVAKIA

Author(s): Nadiia Andriichenko / Language(s): English / Issue: 2/2018

The article is devoted to the study of certain aspects of the police performance assessment in Ukraine and the Slovak Republic as subjects of combating financial and economic crimes. It is determined that the expediency of studying this issue is determined by the high level of financial and economic crimes in Ukraine and the Slovak Republic. It was insisted that the assessment of the police activity in Ukraine and the Slovak Republic is carried out mainly on the basis of quantitative criteria. In view of possible fraud with the statistical data that is the basis of the report of the police authorities of Ukraine and the Slovak Republic, it is proposed to consolidate such a criterion for assessing of the police activity as a level of latent crimes. Among the qualitative criteria for assessing the police activity in Ukraine and the Slovak Republic, public trust has been highlighted, but it was concluded that its definition should be carried out by an independent sociological service. It is grounded that the implementation of these proposals will have a positive impact on the police activity in Ukraine and the Slovak Republic in the area of combating financial and economic offenses.

Aaron Pycroft and Dennis Gough (eds) Multi-agency Working in Criminal Justice. Theory, Policy and Practice

Author(s): Ester Blay / Language(s): English / Issue: 3/2019

Review of: Aaron Pycroft and Dennis Gough (eds) Multi-agency Working in Criminal Justice. Theory, Policy and Practice, Policy Press: Bristol, United Kingdom, 2nd edn., 2019; 308 pp.: ISBN 978-1447340249, £24.99

Abolitio criminis – evoluţia conceptului în dreptul penal român contemporan şi analiza unor aspecte de teorie şi de jurisprudenţă naţională obligatorie privind noţiunea de dezincriminare

Author(s): Mihai Dunea / Language(s): Romanian / Issue: 2/2019

The article addresses the concept of decriminalization - abolitio criminis - from the perspective of contemporary Romanian criminal law, under a series of theoretical aspects, as well as by analyzing the compulsory national jurisprudence (decisions of the Constitutional Court of Romania and some mandatory decisions of the Supreme Court). The following are considered: the relationship between the operation to criminalize, the essential feature of the crime to be a fact stipulated by the criminal law and the concept of decriminalization; the relation between the concept of decriminalization and that of a more favorable criminal law (mitior lex), considering the broad meaning, as well as the restricted meaning of the latter notion; the differences and the implications of understanding the notion of decriminalization in an abstract sense or concretely; the ways of demise of a criminalizing disposition and the corresponding consequences capable of occurring; the possibility / obligation and the implications of the integration into the concept of decriminalization of the decisions of admission of the exceptions of unconstitutionality of some rules of incrimination; the sphere and content of the actual concept of decriminalization (by reference to the essential feature of the crime represented by the typicality of the act - the property of the act of being typical), as well as the problem of a potential assimilation of the legal solution that decriminalization implies, in relation to the hypothesis of the emergence of new extinctive criminal cases (justifying and / or causes of non-imputability); the possibility of assimilating the situation where the double incrimination is lacking (when the verification of this condition is required for the application of the Romanian criminal law) with the appreciation of the concrete fact that has been committed as atypical (in the sense that it lacks a condition equivalent to that of its mandatory provision in the criminal law) and the relationship between this hypothesis and the concept of discrimination.

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.

ACCESS TO INTERNATIONAL JUSTICE IN KOSOVO – LESSONS LEARNT

Author(s): Gamurari Loredana / Language(s): English / Issue: 2/2018

Since 1999, the accountability for human rights violations committed in Kosovo during and after the war was addressed by ICTY, UNMIK and EULEX. However, a whole set of crimes committed in the aftermath of the war were not properly addressed. The research aims to understand whether international judicial mechanisms intervening in Kosovo until today, successfully planted the seeds for the blooming of post-conflict justice. The paper adopts a qualitative approach, including analyses of cases, reports and interviews. The findings show that both international and local actors in many cases could not ensure justice for war crimes committed in the country, which brought to the conceiving of the Specialist Chambers, an extraterritorial court with no local personnel, but under Kosovo national legislation. The paper focuses on previous experiences to understand if the lessons have been learnt, showing the challenges that the new Specialist Chambers will have to overcome to bring justice.

Adam Crawford and Anthea Hucklesby (eds), Legitimacy and compliance in Criminal Justice

Author(s): Lol Burke / Language(s): English / Issue: 2/2013

Review of: Lol Burke - Adam Crawford and Anthea Hucklesby (eds) (2013) Legitimacy and compliance in Criminal Justice. Abingdon: Routledge. ISBN: 978-0-415-67155-2.

ADEQUACY OF PENAL POLICY IN CRIMINAL CASES OF ORGANIZED CRIME

Author(s): Miodrag Simović,Mile Šikman / Language(s): English / Issue: 4/2019

Organized crime is a serious form of crime, whether it is viewed in the criminological sense or as the criminal justice response to this phenomenon. In this regard, the penal policy of the legislator should be proportionate to the gravity of organized crime. However, the penal policy of the courts does not reflect the stated intentions, which is primarily reflected in relatively mild criminal penalties for criminal offenses of organized crime. Although the case law does not contravene the law, i.e. contra legem, because it moves within the boundaries prescribed by the law, it is obvious that the issue is about imbalance of punishment for these criminal offenses, even when it comes to mitigating of the sentence of imprisonment. This paper will provide an analysis of the criminal law framework of organized crime prescribed by the Criminal Code of Bosnia and Herzegovina (CC BiH), as well as an analysis (statistical and descriptive) of the jurisprudence in the criminal cases of organized crime before the Court of Bosnia and Herzegovina (Court of BiH) for the period 2015-2018. As it is not justified and desirable for the legislator's criminal policy and court case jurisprudence to have a different approach in relation to these criminal offenses (different valuation and grading of severity of organized crimes), we will also make certain proposals for de lege ferenda. The paper is a continuation of earlier researches of this problem and is based on the analysis of court judgments in organized crime cases.

Advancing electronic monitoring in Scotland: Understanding the influences of localism and professional ideologies

Author(s): Hannah Graham,Gill McIvor / Language(s): English / Issue: 1/2017

Scotland has one of the highest prison population rates in western Europe, coinciding with a recent growth in interest in electronic monitoring (EM) as a potential mechanism for diversion and decarceration. Scotland also has a relatively sophisticated suite of community sanctions and measures – from which court-imposed and prison-imposed EM orders have, for 15 years, been largely kept separate, until now. There are plans for integration, with new EM technologies and modalities to be introduced. This article analyses the perspectives of Scottish practitioners and decision-makers regarding current stand-alone uses of EM, canvassing relevant jurisdictional findings from within a larger European cross-national comparative research project. It reveals localised, institutional and professional differences in the Scottish criminal justice field. Our analysis demonstrates that Scottish practitioners want more integration in principle, but forewarns that the extent of their support may partly depend on how and by whom this is done in practice.

Agresja i brutalność w Policji – zjawisko marginalne czy poważny problem

Author(s): Aneta Kamińska-Nawrot,Bogusław Jaremczak / Language(s): Polish / Issue: 40/2018

The police, as the institution of high public trust, requires social control. Misusage, abuse of power is also present in this formation, which was created to protect the lives, health and safety of citizens. As the reality shows, such situations are often socially outrageous and unpopular, so it is not surprising that policy makers do not agree to their dissemination. Granted to the police additional powers to use of the direct coercive measures require from the formation proper preparation of the police officers to use them. Authors, on the basis of a real event broadcasted by the media, are trying to diagnose possible causes of police brutality, pointing out, for example, inappropriate procedures for admission to police service and defective, departing from international standards the process and methods of police vocational training.