ADEQUACY OF PENAL POLICY IN CRIMINAL CASES OF ORGANIZED CRIME

Author(s): Miodrag N. 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.

Administracyjnoprawny status zakładu karnego

Author(s): Marian Masternak / Language(s): Polish Issue: 56/2022

The aim of the article is to analyze the legal position of prisons as entities established to perform administration providing services in the field of public security. The considerations contained in the work confirm the thesis that these entities have all the features of public (administrative) establishments, therefore, to fully present their role, tasks, organization, and principles of operation, it is worth referring to the achievements of the theory of an administrative establishment. Considering administrative and legal aspects in research on the issues of prisons is a significant complement to criminal law, criminological and sociological research.

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.

Adventures in populist discourse: Could a solution to penal populism in New Zealand be hiding in plain sight?

Author(s): Luke Oldfield,Alice Mills / Language(s): English Issue: XLIV/2022

Contemporary discussions on the role of populism in criminal justice reform have centred around its potential for more punitive outcomes i.e., longer sentences, less hospitable prison conditions and a lack of meaningful support for integration back into the community. Reflecting on this legislative trend, Julian V. Roberts et al. (2002) opined that a change of posture might be required by proponents of penal reform, going on the offensive and pointing to the negative actions taken by politicians in the name of penal populism. This paper asks whether politicians advocating for less punitive criminal justice reforms in New Zealand could themselves draw from a more populist style of politics. We hypothesise that research participant support for a free-market populist-style argument on decarceration will be higher than for a status quo-style argument. This is examined through a quantitative approach involving the development of an experimental tool that distils the theoretical conceptualisations of populism and tests them on the New Zealand voting-age public. We find through sub-group analysis that a statistically significant number of participants who self-identified as “right” on the political spectrum or voted for either the National party (a major centre-right political party) or the New Zealand First party (a minor conservative political party) in the 2017 New Zealand general election were more inclined to support arguments for less punitive sentences when pitched using a populist-style argument.

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.

Aktualne tendencje w polityce kryminalnej wobec przestępczości podatkowej

Author(s): Leszek Wilk / Language(s): Polish Issue: 1/2021

Legislative response to tax crime reflects the trends that are observed throughout criminal law resulting from theory to which, a crime is an evidence of a defectively constructed law, the result of which is increasing instability, casuistry and regulatory drift with tendency to extend of scope criminalization and aggravating penalties. In the field of tax crime, it is called “closing tax loophole”. The legislator, by declarating war on tax frauds, didn’t increase penalties for tax frauds, however, legislator increased penalties for unreliable invoice and bills trading. Within the Fiscal Penal Code, this is reflected by tightening of a provisions concerning the unreliable invoice and bills trading, while within the Criminal Code – introducing a aggravated types of documents forgery which have their subject invoices. The draft amendment of the Fiscal Penal Code (December 2018) was another manifestation of discussed tendencies. Its essence came down to further extend of scope criminalization, aggravating penalties and distortion of priority of principle for enforcement to public levies. However, this draft didn’t enter into force, instead, for two years – the legislator, by means of amendments, consequently, extends the scope of criminalization, extending it to the cases of failure or improper performance of information obligations. Apart from tax frauds, what concerns to tax authorities and legislators of several countries, is the so-called “aggressive tax optimization”, in which certain activities, e.g., asset disposal or social structure transformation, are undertaken solely or primarily – tax burden reductions. Its criminalization extends to the far “frontiers” and leads to imposition of criminal penalties for failure or improper fulfillment of reporting obligations the so-called “tax scheme”, which is intended to allow, to tax authorities – an early identification of taxpayer’s behaviours that are reflected by aggressive tax optimization.

Aktywność w zakresie prewencji i deradykalizacji kontrterrorystycznej (CT/PCVE) w latach 2005–2020 w Belgii, Francji, Hiszpanii i Niderlandach

Author(s): Piotr Ciach,Andrzej Kozłowski,Ryszard Machnikowski,Stanisław Kosmynka / Language(s): Polish Issue: 1/2022

The main purpose of this article is to trace, present and analyze the development of “soft” antiterrorist approaches in the form of the so-called PCVE activities (i.e., “preventing and countering violent extremism”) in comparison with more traditional, “hard” counter-terrorism programs (CT) in four European countries: Belgium, France, the Netherlands, and Spain, from 2005 till 2020. In the article, due to a comparison of the local specificity in the area under research, differences and few similarities in the programs aiming at combating political violence in the four EU countries were demonstrated. Each and every state selected for this article has developed various activities and capabilities as an answer to the increasing terrorist threat: Belgium and France, especially until the period 2015–2017, have a preference for “traditional” hard counter-terrorist measures, while Spain and particularly the Netherlands have developed more sophisticated and comprehensive stance including “soft” PCVE approach.

ALBANIA: Radicalization and the Governance of Islam in Albania

Author(s): Arjan Dyrmishi / Language(s): English Publication Year: 0

With some hundred or more Albanian citizens having now joined the Islamic State of Iraq and the Levant (ISIL), radicalization has become a salient issue in both policy and scholarly domains in Albania. Given the Albanian tradition of religious tolerance and moderation, the quest to understand and explain the foreign fighter phenomenon has sparked extensive debate – in media, among the public, and within academia. Explanations for this trend have focused mainly on the socioeconomic factors affecting certain local communities and individuals, and on the failure of state institutions in some sectors, including in security, intelligence, and education. In general, academic researchers and pundits alike argue in favor of a more robust response by the government. [...]

Albanian Minority Representation at the Serbian Ministry of Interior: Progress and Remaining Challenges

Author(s): Sofije Kryeziu / Language(s): English

There are three sets of challenges to Albanian representation in the police. The first is related to the lack of political will by the Serbian authorities to work towards full integration of the Albanian minority at all levels of the public structure. This is evidenced by the slow progress made towards recognising diplomas issued by Kosovo’s universities (where most Albanian police officers are educated) and practical limitations on the use of the Albanian language in the predominantly Albanian inhabited municipalities. The second set of challenges is related to inadequate internalisation of diversity policy by the police, evidenced by inadequate access to police education and difficulties in integration with the environment. Full and consistent integration of Albanian ethnic minorities into the police in the three southern Serbia municipalities is further challenged by the third set of challenges, related to the prejudice against the Albanian ethnic minority which is encountered in Serbia. One of the main recommendations, therefore, is to ensure sustainable inclusion of the Albanian minority into the Serbian police by ensuring that they are represented at a level which reflects their proportion of the population.

Alternativna sankcija – od kazne do reintegracije! - Analiza sistema primjene alternativnih sankcija i mjera u Crnoj Gori

Author(s): Milorad Marković / Language(s): Montenegrine

Reformu krivičnog i krivično-procesnog zakonodavstva intezivno je pratila i reforma sistema izvršenja krivičnih sankcija. Čini se da je taj simultani proces posve prirodan i očekivan. Naslonjena na talas savremenog pristupa kaznenoj politici i izvršenju krivičnih sankcija i mjera, reforma zakonodavstva je u najvećoj mjeri bila upućena modalitet alternativnog rješavanja krivičnih postupaka, ali i na alternativnom pristupu izvršenju krivičnih sankcija i mjera. Nužnost razvoja kroz reformu podrazumijeva stalno preispitivanje učinjenog kao osnovu za punu realizaciju planiranog i uspostavljanje sistema. Izgradnja sistema izvršenja alternativnih krivičnih sankcija, uz reformu izvršenja kazne zatvora kroz tretman osuđenika, ukazala je na potrebu sagledavanja učinjenog u periodu 2015 – 2018. godine. U tom kontekstu, od posebnog značaja je i činjenica da ova analiza zapravo predstavlja nadogradnju analize koju su Centar za građansko obrazovanje (CGO) i Institut za pravne studije (IPLS) uradili za period 2012 – 2014. godinu. Kroz ovakav pristup omogućeno je stvaranje jasnije slike razvoja u jednom dužem vremenskom periodu. Značaj analize ogleda se, pored utvrđenih pravilnosti i ukazanih nedostataka, i u otvaranju dubioza za čije je sagledavanje potrebno provesti dublja i specifičnija istraživanja u budućnosti.

Alternativne sankcije - od kazne do reintegracije - međunarodni standardi i zakonodavni okvir u Crnoj Gori

Author(s): / Language(s): Montenegrine

Kazneni sistem ima značajnu ulogu u prevenciji kriminaliteta, zaštiti prava osuđenih lica kroz humanizaciju postupanja prema njima, kao i zaštitu društva, a svoj puni smisao dobija kroz prizmu afirmacije i unaprijeđenja ljudskih prava. Politika jačanja alternativnih sankcija predstavlja iskorak u reformi pravosudnog sistema Crne Gore i u skladu je sa savremenim evropskim trendovima u oblasti kaznene politike i potrebom uspostavljanja zajedničkih principa o kaznenoj politici. Međutim, u pravcu adekvatne primjene reformskih izmjena neophodno je unaprjeđenje kapaciteta pravosudnih institucija, prvenstveno u domenu primjene i tumačenja prava koji se odnosi na alternativne sankcije i mjere. Alternative kratkotrajne kazne zatvora se ogledaju u povećanoj humanosti i ekonomičnosti izvršenja krivičnih sankcija, sa perspektivom pozitivnog uticaja na rehabilitaciju i resocijalizaciju osuđenih lica. To zahtijeva i razumijevanje svih zainteresovanih strana i javnosti, a kako bi efekti primjene bili svrsishodni. To je bila i motivacija timu Centra za građansko obrazovanje (CGO) da osmisli projekat „Alternativne sankcije – od kazne do reintegracije“ čiji je jedan od proizvoda i ova brošura sa ključnim međunarodnim dokumentom koji reguliše ovo pitanje, kao i crnogorskim zakonom u istoj oblasti. Naša je želja da ovim doprinesemo primjeni alternativnih sankcija i mjera, ali i zaštiti ljudskih i manjinskih prava u Crnoj Gori kroz unaprijeđenje kvaliteta poštovanja temeljnih prava lica lišenih slobode u Crnoj Gori.

Alternatívne tresty za drogové trestné činy na Slovensku: restoratívna spravodlivosť v praxi

Author(s): Robert Klobucký,Jozef Čentéš / Language(s): Czech Issue: 2/2017

Alternative Sanctions for Drug Law Offences in Slovakia: Restorative Justice in Practice. This study aims to map the alternative sanctions for drug law offences that are available under Slovak law and describe the use of these sanctions in practice. A drug policy development analysis and a discussion about the effectiveness of drug law enforcement is included. Attention is paid to the model of restorative justice as an alternative to the classic model of criminal justice – the retributive model. This study is based on complementary quantitative data (statistics) and qualitative data (10 expert interviews). According to our findings, the low rate of applications of alternative sanctions for drug law offences is connected with the responsible institutions' lack of competence in applying them, experts' mistrust in alternative sanctions and restorative justice, as well as the preference of public opinion for retributive law enforcement for drug law offences.

Ambulant sanctions as an alternative to imprisonment in the European Union

Author(s): Christine M. Graebsch,Sven-Uwe Burkhardt / Language(s): English

The issue of imprisonment vs. alternative penalties has been debated in various European countries during the last decades, and ambulant sanctions have been heavily on the rise. Community sentences and other alternatives to imprisonment are regarded as modern instruments for the rehabilitation of offenders. The objective of the present study is to examine the scope of application of penalties without deprivation of liberty as compared to imprisonment as well as to identify promising practices of alternative criminal sanctioning in Belgium, Bulgaria, Germany, Spain and Lithuania. As this study covers several European countries, the comparative perspective suggests itself nearly as a matter of course. In this connection, it seems reasonable to describe the existing ambulant sanctions of the different member states involved, taking into account their legal arrangement and their relation within the system of penal sanctions including their relation to the deprivation of liberty. It in addition appears sensible to describe and compare these ambulant sanctions with reference to their contribution to the re-socialisation or rehabilitation of those subjected to them as well as with special attention to the involvement of civil society in their execution. In a further step, promising practices in connection with ambulant sanctions could be highlighted which may be recommended for imitation by other member states. Such an approach proves to be impossible for multiple reasons, though, and it would be inadequate just to make such an attempt. There are exemplary references to ambulant sanctions in Belgium, Bulgaria, Germany, Lithuania and Spain. This is due to the fact that scientists from these countries have taken part in the realisation of this project but not necessarily because of specific outstanding features of their sanction systems in comparison with other member states.

Ameninţările terorismului şi ale crimei organizate transfrontaliere la adresa securităţii interne a Uniunii Europene

Author(s): Cosmin Adrian Şerban / Language(s): Romanian Issue: 17/2021

The assessment of the international security environment in a new context related to asymmetric and cross-border risks must focus on both reducing vulnerabilities and preventing or reducing the level of threats and involves consensual work at EU level through the adoption and implementation of new security strategies and standards. The European Union must constantly improve its law enforcement cooperation between Member States and to update the tools at its disposal in the fight against terrorism, without compromising the EU's common values, such as democracy, justice and freedom of expression. The subject of the article considers the importance and extent of organized crime and terrorism in the general environment of the new international security environment, the danger they pose and the response of national and international bodies involved in the prevention and sanctioning of these crimes.

Amila Kasumović, Zatočene: Žene u zatvorskom sustavu Bosne i Hercegovine 1878-1914

Author(s): Mehmed Hodžić / Language(s): Bosnian Issue: 2/2022

Review of: Amila Kasumović, Zatočene: Žene u zatvorskom sustavu Bosne i Hercegovine 1878-1914, Filozofski fakultet Univerziteta u Sarajevu, Sarajevo, 2021, str. 165

Amila Kasumović, Zatočene: Žene u zatvorskom sustavu Bosne i Hercegovine 1878–1914

Author(s): Nedim Pustahija / Language(s): Bosnian Issue: 21/2022

Review of: Amila Kasumović, Zatočene: Žene u zatvorskom sustavu Bosne i Hercegovine 1878–1914., Sarajevo: Centar za historijska istraživanja, 2021, 165 str.

AMNESTY

Author(s): Viorica-Mihaela Frîntu / Language(s): Romanian Issue: 01 Supp/2019

AMNESTY IS AN ACT OF CLEMENCY, WITH EXCEPTIONAL CHARACTER, WHICH CAN BE ADOPTED BY THE PARLIAMENT THROUGH AN ORGANIC LAW, THROUGH WHICH IT IS RELIEVED THE CRIMINAL LIABILITY OR THE CONSEQUENCES OF CONVICTION [EXECUTION OF THE MAIN SUBSIDIARY (WITH THE EXCEPTION OF MILITARY DEGRADATION WHICH IS CONSIDERED SERVED SINCE THE MOMENT THE DECISION REMAINS FINAL) OR ACCESSORY PUNISHMENT] FOR CRIMES COMMITTED (ACTION CONSUMED OR ACTION EXHAUSTED) UNTIL ITS ENTERING INTO FORCE OR UP TO ANOTHER DATE FORESEEN BY LAW.

AMNISTIE ȘI PEDEAPSĂ ÎN CONTEXTUL JUSTIȚIEI TRANZITORII ȘI A RECONCILIERII UNEI SOCIETĂȚI POST-CONFLICT

Author(s): Vitalie Gamurari / Language(s): Romanian Issue: 1/2020

Amnesty and punishment are two important institutions of transitional justice. Discussions on the application of one or the other are quite common, each part having its arguments. One thing we can state for sure – prioritizing only an institution, it will certainly lead to transitional justice promoted by touching objects – a company post-conflict reconciliation is impossible, this process is a complex one, in which an important role belongs non-legal rules. However, transitional justice trying to find that common ground, that would satisfy society in integrum.

An assessment of the contribution of the amnesty process of the South African TRC to accountability and truth-telling

Author(s): Matthew Holliday / Language(s): English Issue: 2/2009

An assessment of the role of the Independent Oversight Bodies in Security Sector Reform in Albania

Author(s): Arjan Dyrmishi,Besjana Kuci,Egest Gjokutaj / Language(s): English

This research paper analyses the independent oversight bodies (IOB) in Albania. For the purpose of this study, IOBs are defined as those institutions that are established by the Parliament and are accountable to it. They form an essential part of the democratic governance of the security sector. Along with the executive branch, the legislative branch and the judiciary these institutions contribute in holding the security sector accountable to elected civilian representatives.