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Result 41-60 of 1388
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AN UNCONVENTIONAL APPROACH TO THE VICTIMIZING EFFECT OF LAW AND ITS POSSIBLE INFLUENCES ON NATIONAL SECURITY - AN ANALYSIS OF THE ROMANIAN LEGAL SYSTEM
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AN UNCONVENTIONAL APPROACH TO THE VICTIMIZING EFFECT OF LAW AND ITS POSSIBLE INFLUENCES ON NATIONAL SECURITY - AN ANALYSIS OF THE ROMANIAN LEGAL SYSTEM

Author(s): Valentin-Stelian Bădescu / Language(s): English Issue: 1/2022

We live in a world more legalized than ever, but more alien to the true spirit of the law than ever before! A hyper-formatted, hyper-normative, hyper-hierarchical universe of conformity and normativity has been created and seems to expand relentlessly, which provokes the fear of the individual and works according to a quasi-similar logic. It already encompasses and dominates important areas of society, such as business, administration, health, education, culture and institutionalized science in the letter and, above all, in the spirit of its data. The "normative" system says the law, decides a priori who is right, elaborates laws, administers and governs, establishes strategic guidelines, appoints in school, university or academy, guides the media, is everywhere and anytime. But the right it thus claims to express, by which it protects himself and ensures its reproduction is distorted to such an extent that, in order to avoid collapse, it becomes absolutely necessary to abandon it quickly and return to the idea and practice of true law!

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Analiza diskursa Istanbulske konvencije

Analiza diskursa Istanbulske konvencije

Author(s): Krešimir Petković / Language(s): Croatian Issue: 16/2019

The author analyzes the case of ratification of the Istanbul Convention in Croatia in 2018. After introductory explanations of the basic theoretical and methodological conditions of the analysis, the first part of the article analyzes the text of the Convention. The second part of the article analyzes its political reception in Croatian public at the time before, during and after its ratification. In doing so, it inductively establishes the discourses that both clashed and collaborated, on the basis of repetitive similarities and differences in the utterances that different actors made in the public media. After the discursive framework of the debate is analyzed, the institutional and non-institutional aspects of the ratification process that took place within these framework are presented. Emphasis is placed on the formation of a discursive coalition between advocates of the dominant discourse on violence against women and the discourse on family tradition that, with the Interpretive statement, enabled the ratification of the Convention.

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Analiza i porównanie przepisów prawa polskiego z regulacjami Unii Europejskiej w zakresie zwalczenia prania pieniędzy w cyfrowym świecie

Analiza i porównanie przepisów prawa polskiego z regulacjami Unii Europejskiej w zakresie zwalczenia prania pieniędzy w cyfrowym świecie

Author(s): Maksymilian Kuźmicz / Language(s): Polish Issue: 52/2021

The article aims to present the regime of the 5th and 6th AMLD and Polish anti-money laundering (AML) law in the context of current socio-economic changes, especially digitalisation, and to critically compare them. Firstly, the EU AML law is characterised. This legal regime consists of regulations concerning financial sector security, monitoring of transactions, ensuring traceability of resources (5th AMLD), and a limited harmonisation in the area of criminal law (6th AMLD). Secondly, the Polish AML legislation, mostly the AML bill of 2018, the penal code, and the code of criminal procedures, is reviewed in order to access its coherence with the European law. The level of the implementation of EU law to Polish legal system is in general satisfactory, especially when it comes to the legal definition of money laundering. However, there are two significant differences which should be pointed out. Polish legal definition of the virtual currency is much more strict, which exclude from the scope of AML law multiple instruments, also some items in online games. The second difference is the set of entities obliged to disclose beneficial owners. EU AML rules require all legal entities to comply with that duty when in Poland it is limited only to companies not owned by the state, which increase the risk of money laundering.

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Analiza komparatystyczna przestępstwa lichwy na gruncie prawa polskiego i amerykańskiego

Analiza komparatystyczna przestępstwa lichwy na gruncie prawa polskiego i amerykańskiego

Author(s): Marcin Wątor,Daria Kucyper / Language(s): Polish Issue: 32/2017

Contracts bearing the imprint of usury are the subject of interest to both Polish and American criminal law. Because of differentiation of these legal systems, this interest covers various aspects. The main aim of the article is to examine Polish and American legislation and to underline such assumptions from the United States criminal law system, which could be successfully transferred into the Polish criminal law.

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ANALIZA OBECNYCH ROZWIĄZAŃ USTAWOWYCH W ZAKRESIE OCHRONY PRACOWNIKÓW MEDYCZNYCH JAK FUNKCJONARIUSZY PUBLICZNYCH

ANALIZA OBECNYCH ROZWIĄZAŃ USTAWOWYCH W ZAKRESIE OCHRONY PRACOWNIKÓW MEDYCZNYCH JAK FUNKCJONARIUSZY PUBLICZNYCH

Author(s): Anna Marcinkowska / Language(s): Polish Issue: 23/2018

This paper presents an analysis of the legal status of the penal and legal protection over medical professionals with particular emphasis on the profession of physician, paramedic, nurse and midwife. The article discusses case law regarding attacks on medical personnel from patients and other persons during first aid procedures. The aim of the article is also to explain the basic concepts related to prohibited acts, as specified in the laws governing medical professions. Another theme is the latest change in the medical legal system, which involves solutions applicable as of 26/06/2018 aimed at increasing the protection of medical employees. Subsequent sections of this paper include postulates of rationalizing and simplifying this protection as it is currently overcomplicated, which makes it difficult to identify the features of a crime. What is more, many situations are, in fact, inadequately protected.

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Analiza realizacije Projekta izgradnje Državnog zatvora

Analiza realizacije Projekta izgradnje Državnog zatvora

Author(s): Author Not Specified / Language(s): Bosnian

U februaru 2010. godine pet partnerskih organizacija civilnog društva potpisale su Memorandum o uspostavi mehanizama za praćenje i ocjenu provođenja Akcionog plana Strategije za reformu sektora pravde u Bosni i Hercegovini (SRSP-a) sa predsjedavajućim Konferencije ministara pravde u BiH i predsjednikom Visokog sudskog i tužilačkog vijeća BiH i Pravosudne komisije Distrikta Brčko BiH. Uspostavljeni mehanizam je jedinstven ne samo u BiH, već i u zemljama u okruženju, te se kao takav oslanja na najbolje prakse demokratskih društava zapadne Evrope u pogledu participativnog monitoringa i evaluacije javnih politika od strane organizacija civilnog društva. Pet organizacija civilnog društva potpisnica Memoranduma koje su se obavezale na provođenje sistematskog praćenja, ocjene i izvještavanja o provedbi reformskih mjera i aktivnosti Akcionog plana Strategije za reformu sektora pravde u BiH, su Asocijacija za demokratske inicijative - ADI, Helsinški komitet za ljudska prava u Bosni i Hercegovini - HK BiH, Udruženje „Vaša prava Bosne i Hercegovine“, Biro za ljudska prava Tuzla i Centri civilnih inicijativa – CCI.

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Analiza skuteczności procedury wykonywania europejskiego nakazu aresztowania

Analiza skuteczności procedury wykonywania europejskiego nakazu aresztowania

Author(s): Tomasz Słapczyński / Language(s): Polish Issue: 46/2019

The European Arrest Warrant (hereinafter ENA) is the result of the development of legislation and practice in the field of cooperation in criminal matters as well as freedom, justice and security of the European Union. The development of integration between countries also concerns the sphere of justice. In connection with the cooperation of various bodies and institutions of European countries, certain systems are being developed to facilitate the application of law across borders. One such system is the European Arrest Warrant. It is undoubtedly the result of the introduction of simplified cross-border judicial proceedings. Its regulations include the transfer of suspects and accused persons for the purposes of prosecution of crimes or execution of a prison sentence or application of a precautionary measure consisting in the deprivation of liberty. The first part of the article will present the EAW procedure, together with its key elements determining the effectiveness of this instrument. The second part of the work presents an analysis of the effectiveness of the EAW based on available Statistical information and analysis of available literature.

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Analiza zakonske i sudske politike kažnjavanja počinitelja kaznenih djela ratnih zločina

Analiza zakonske i sudske politike kažnjavanja počinitelja kaznenih djela ratnih zločina

Author(s): Marko Sjekavica,Jelena Đokić Jović,Maja Kovačević Bošković / Language(s): Croatian Publication Year: 0

Sažeto rečeno, svrha kaznenih sankcija sastoji se od posebne i opće prevencije te od retribucije/kažnjavanja društva počinitelja kaznenih djela. U suvremenim pravnim porecima zapadnog tipa, težište se pomaknulo na preventivni element kaznenog sankcioniranja radi odvraćanja od činjenja budućih kaznenih djela i s težnjom resocijalizacije počinitelja, iako osuda i kazna ostaju sastavni dio izricanja kaznenih sankcija.

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ANALYSIS AND INTERVENTION OF STUDENT KNOWLEDGE OF NUTRITION AND SEXUALITY AT A PENAL INSTITUTION

ANALYSIS AND INTERVENTION OF STUDENT KNOWLEDGE OF NUTRITION AND SEXUALITY AT A PENAL INSTITUTION

Author(s): Agustín Pozo Tamayo,Lina Viviana Melo Niño,Javier Cubero Juánez / Language(s): English Issue: 4/2015

Studies related to the habits of students of Nutrition and Sexuality show the existence of inaccurate knowledge that leads them to adopting unhealthy lifestyles. The team of teachers at a Penal Institution in Spain diagnosed this aforementioned lifestyle was becoming a reality in their students aged between 18 and 47. The aim of this research was to analyse and improve the Nutritional and Sexual knowledge of these students. The students’ level of knowledge was detected through a pre-test and post-test that were quantitatively designed and analysed according to four variables (studies, gender, age and body mass index). In order to improve their knowledge, an educational intervention was conducted and was quantitatively and qualitatively analysed according to six categories: change or improvement in sexual knowledge, change or improvement in nutritional knowledge, affective factors, the learning process, evaluation and methodology. The results show conceptual differences according to the four variables and that the intervention contributes to a conceptual change or improvement thanks to the activities and resources used. The implication of this research is to reveal the importance of analysing students’ knowledge so as to improve the quality of the teaching/learning process.

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Analysis of Relationship Between Favoritism and Officer Motivation: Evidence From Turkish Police Force

Analysis of Relationship Between Favoritism and Officer Motivation: Evidence From Turkish Police Force

Author(s): Mehmet Ali Tekiner,Recai Aydin / Language(s): English Issue: 2/2015

This study analyzes the impact of favoritism on motivation of workers, using a sample selected from the police officers and chiefs (commissars) of Turkish National Police Force. Motivation is found to be one of the most important factors of success at workplace. It is well established that any type of favoritism including nepotism would reduce the motivation of the workforce. The negative impacts of favoritism include; alienation of employees towards their institution, lack of promotion opportunities for others, lack of motivation and inefficiency due to the selection of less capable candidates for the job or position. According to literature, on the other hand, favoritism could sometimes have a positive impact on family-owned companies. As part of the study, a survey with Likert scale was conducted on 130 police officers and police chiefs in the city of Adana, Turkey. The study tests if there is a significant difference among police officers and chiefs in terms of their perception on favoritism with respect to their gender, age, position and length of service.

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Anna Szuba-Boroń, Obraz przestępcy w prozie Sergiusza Piaseckiego na tle poglądów kryminologicznych epoki

Anna Szuba-Boroń, Obraz przestępcy w prozie Sergiusza Piaseckiego na tle poglądów kryminologicznych epoki

Author(s): Stanisław Hoc / Language(s): Polish Issue: 57/2022

Review of: Stanisław Hoc - Anna Szuba-Boroń, Obraz przestępcy w prozie Sergiusza Piaseckiego na tle poglądów kryminologicznych epoki, Oficyna Wydawnicza KAAFM, Kraków 2021, ss. 382

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Annual Report on Human Rights: Serbia in 2011 - European Option Obstructed
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Annual Report on Human Rights: Serbia in 2011 - European Option Obstructed

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

EU strategic decision on Serbia’s candidacy is crucial for the country’s further movement towards European integrations. Had it not been for it, Serbia’s poor democratic potential would have been trapped by its strong, populist right-wing. The Serbian society is still incapable to definitely opt for a substantive, democratic transformation and fulfillment of the Copenhagen criteria. Regardless of all the pressures to which it has probably been exposed, the political pivot’s, the Democratic Party’s, failure to progress more towards Europeanization testifies of its lack of states manly leadership and inability for a political U-turn. Having radicalized the Kosovo issue Belgrade has undermined its standing in EU. Mainstream political and intellectual elites do not look to the future. Serbia needs to take stock of its situation. The society’s un-readiness to cope with the past plays into the hands of the political right and its attempts at blocking Serbia’s Euro-Atlantic integration. Rather than accept the reality, the political elite is autistic and trapped by self-pity. As long as its elite role-plays a victim Serbia will not be able to work constructively on its future and the future of the region.

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Ansätze Des Rechtlicheseintrachtprinzips Im Strafrecht

Ansätze Des Rechtlicheseintrachtprinzips Im Strafrecht

Author(s): Jonas Prapiestis,Agnė Baranskaitė / Language(s): German Issue: 1/2011

In societies of high legal culture, criminal law is regarded as a protective and repressive measure of the state, as an imperative of crime and inevitable punishment (as a strict rule). Therefore, the article attempts to show the fact that the entirety of the provisions and norms of criminal law, consolidated in a modern democratic state under the rule of law (or, at least, a state that is attempting to become such a state), allows for the assertion that the purpose of criminal law is coordination or, at least, the balance of the interests of conflicting subjects—the victim and the culprit, the culprit and the state.

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Anti-corruption efforts in Switzerland: An overview

Anti-corruption efforts in Switzerland: An overview

Author(s): Alexander A. Trefilov,Marina Molchanova / Language(s): English Issue: 46/2019

The system of law enforcement in Switzerland is regarded as one of the most efficient in Europe, and the level of corruption in this country is considered one of the lowest. Thus, according to the annual police criminal statistics (Polizeiliche Kriminalstatistik. Jahrbericht. 2015)1, in 2015 only 46 corruption-related crimes were found in Switzerland, including only 10 bribery-related crimes. The authors emphasize that in 2015 in Switzerland there were only five cases of people accepting a bribe.

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Anti-Corruption Policies Revisited: WP9 Organised crime and impact on vulnerable groups (ANTICORRP Integrated Report)

Anti-Corruption Policies Revisited: WP9 Organised crime and impact on vulnerable groups (ANTICORRP Integrated Report)

Author(s): Salvatore Sberna,Alberto Vannucci,Tihomir Bezlov,Dimitar Markov,Maria Karayotova,Ana Hećimović,Iva Nenadić,Munir Podumljak,Péter Gyimesi,Szidónia Nagy,Boróka Pápay,Zoltán Szántó,István János Tóth,Edona Krasniqi / Language(s): English

This integrated report investigates the link between political corruption and organised crime, by examining the modalities, resources and strategies used by criminal groups to govern and/or capture the market of political corruption. On the one hand, the report looks at the infiltration of organised crime in three main policy sectors where public spending and regulations play a pivotal role: public procurement, the privatization of public services, and management of EU funds. Alongside this, the report also analyses the criminal penetration of electoral politics, by evaluating the influence that criminal organisations can achieve in electoral arenas. As a result, the report provides a general assessment of policy regulations, legal countermeasures and practices adopted to prevent and combat organised crime, especially in interaction with political corruption. The report is drawn from data collected in five European countries (Bulgaria, Croatia, Hungary, Italy, Kosovo) across the above themes, and includes two more countries for the assessment of anti-organised crime legislation and initiatives (Albania and Georgia). The methodology involves both extensive and intensive strategies of investigation. A quantitative assessment of the crime and politics nexus is based on the Organised Crime & Corruption (OCC) events database, in which events data about the link between criminal groups and political corruption have been gathered and assembled1. A qualitative assessment involves in-depth understanding of the mechanisms of corrupt exchanges, presented as single case studies conducted in the countries covered by this study, inclusive of primary and secondary sources (interviews, legal proceedings, academic and policy-oriented reports). Data collection and analyses were conducted by five institutions across Europe (EUI, CSD, BCE, IKS, PSD).

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Anti-Corruption Reloaded: Assessment of Southeast Europe
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Anti-Corruption Reloaded: Assessment of Southeast Europe

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

Corruption in Southeast Europe has been in the news, in the focus of public debate, and on the policy agenda of national and international institutions so often and for so long that its scrutiny hardly needs to be justified. It is precisely because it has proven to be such an intractable issue that innovative approaches to its understanding – and hence its reduction – are warranted. The EU accession prospects for the countries in the region – though distant – provide an enabling framework for action but it is local stakeholders, and in particular civil society who can bring about sustained progress in anti-corruption. The Southeast Europe Leadership for Development and Integrity (SELDI) has made the in-depth diagnosing and understanding of corruption and governance gaps in the region one of its main priorities, as a requisite condition for its advocacy of knowledge-driven anticorruption policies. This SELDI report fits in the development and implementation framework of the emerging regional anticorruption policy and infrastructure as exemplified by the SEE2020 Strategy’s Governance Pillar run by the Regional Anti-Corruption Initiative. Despite some important achievements – mostly with respect to the stabilisation of democratic institutions, the adoption of laws in key anticorruption areas, a reduction in petty bribery and growing public intolerance of corruption – anticorruption and good governance reforms are not consolidated, corruption among elected politicians and judges seems to be increasing and the enforcement of anticorruption legislation is haphazard. Anticorruption policies and institutions in the region will benefit immensely from the adoption of regular and accurate victimisation-survey based tool for measuring corruption and the rate of progress in good governance, similar to the special Eurobarometer on anticorruption, UNODC’s SEE monitoring of corruption and organised crime, and the Corruption Monitoring System employed by this report.

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APLICAREA ARESTĂRII PREVENTIVE. ASPECTE TEORETICO-PRACTICE

APLICAREA ARESTĂRII PREVENTIVE. ASPECTE TEORETICO-PRACTICE

Author(s): Artur Airapetean,Sanda Țoncu / Language(s): Romanian Issue: 01/2021

The given study represents the rendering of the circumstances, which are the basis for the application and extension of the arrest. Arguments are presented regarding the pertinent practice of national and international courts in combating the phenomenon of unfounded application of pre-trial detention. The study aims to elucidate theoretical and practical aspects in a comparative way, but also with the arguments promoted by the Strasbourg Court.

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APPLYING SPECIAL KNOWLEDGE TO INVESTIGATING CRIMES COMMITTED IN PUNISHMENT EXECUTION INSTITUTIONS OF UKRAINE

APPLYING SPECIAL KNOWLEDGE TO INVESTIGATING CRIMES COMMITTED IN PUNISHMENT EXECUTION INSTITUTIONS OF UKRAINE

Author(s): Oleh Batiuk / Language(s): English Issue: 1/2019

In the provisions of the scientific article the author examines the possibilities of applying special knowledge to investigating crimes committed in punishment execution institutions of Ukraine, analyzes in criminal law procedural and non-procedural forms of applying special knowledge to investigating crimes committed in punishment execution institutions of Ukraine, characterizes subjects of applying special knowledge to investigating in PEI of Ukraine, discovers the peculiarities of subjects’ applying special knowledge to investigating crimes committed in PEI of Ukraine and suggests the author’s way of improving the provisions of the current Criminal Procedural Code of Ukraine in the part of the supplement by the concept ‘special knowledge’.

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Aprobarea sau protecţia patrimoniului cultural în spaţiul judiciar european

Aprobarea sau protecţia patrimoniului cultural în spaţiul judiciar european

Author(s): Augustin Lazăr / Language(s): Romanian Issue: 2/2019

The recognition of a right to culture is of particular importance for the establishment and implementation of the legal status of the cultural heritage. Beginning with a final sentence recently issued by the Romanian High Court of Cassation and Justice against a criminal group specialized in archaeological poaching, this study analyzes the tried case in the broader context of illicit trafficking in cultural goods coming from south-east Europe. The paper examines successively the categories of participants in the illicit trafficking in cultural goods, the modus operandi used for money and artifact laundering, the illicit trafficking pathways, the stolen Romanian treasures, which made the object of illicit trafficking, as well as the international judicial cooperation actions undertaken for their recovery. In order to raise the level of protection for all cultural goods, we examine the security and protection measures of cultural sites; the way the EU Member States enforce the European directive on the protection of the cultural heritage and the restitution of stolen goods; the enforcement of the Unidroit Convention, the organization of specialized structures of the Judicial Police, the use of international judicial assistance for the recovery of cultural goods.

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Ar prasminga arešto bausmė?

Ar prasminga arešto bausmė?

Author(s): Algimantas Čepas,Gintautas Sakalauskas / Language(s): Lithuanian Issue: 66 (4)/2009

The article is devoted to an analysis of the penalty of arrest established in the Penal Code of the Republic of Lithuania in order to reveal its essence, political context, practice of its application and the needs to retain it in the system of penalties. International recommendations propose minimizing application of penalties related to deprivation of liberty and, moreover, accentuate possible negative results of short-term imprisonment. However in a number of states short-term imprisonment (arrest) is being imposed quite often although there is a lack of empirical data either confirming or negating harmful consequences of arrest upon resocialization of the convicted. There are no researches of the aforementioned issues carried out in Lithuania, however systemicand penal-political analysis of the penalty of arrest leads to a supposition that the aforementioned penalty is capable to decrease application of deprivation of liberty in situations when imprisonment in general is being applied often. The authors formulate a position that alternative penalties and measures should predominate against arrest (short-term imprisonment), however the penalty of arrest (taking into account the personality of the sentenced) could be applied more often instead of the penalty of deprivation of liberty, especially while paying much more attention to possibilities to impose weekend-arrests.

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