- ВЪЗСТАНОВИТЕЛНОТО ПРАВОСЪДИЕ - ЗА ПО-СПРАВЕДЛИВ НАКАЗАТЕЛНОПРАВЕН ПОДХОД КЪМ НЕПЪЛНОЛЕТНИТЕ ИЗВЪРШИТЕЛИ НА ПРЕСТЪПЛЕНИЯ

Author(s): Gergana Andonova / Language(s): Bulgarian Issue: 1/2021

International standards related to the legal status of the child set requirements for respecting the rights and taking into account the best interests of the child. These fundamental provisions are also enshrined in the legal standards on juvenile delinquency. The insufficient efficiency of criminal justice (despite the existence of special procedural rules), as well as of the penitentiary proceedings with regard the juveniles, raises the need for the application of alternative measures to punishment. The restorative justice approach is particularly effective.

"Depoi špijuna i terorista". Saveznički logori za "raseljene osobe" u Italiji, Austriji i Njemačkoj

Author(s): Marica Karakas Obradov / Language(s): Croatian Publication Year: 0

Immediately after the end of World War II, Western Allies organized refugee camps in their occupation zones in Austria, Italy and Germany which existed until early 1950s. Foreign citizens, such as forced laborers and prisoners of concentration camps, who had been found mostly in Germany and Austria after the collapse of the German Reich, were placed in those camps, as well as military and civilian post-hostilities refugees fleeing from the Red Army and partisan-communist forces from Eastern, Central and Southeastern Europe. A great number of persons were extradited to their countries of origin on charges of war crimes. Among them were many Croats, primarily members of the Croatian armed forces and the Ustasha movement. The remaining refugees are displaced around the world especially in countries of South and North America and in Australia.

"Hra na zločin" a ochrana fudskej dóstojnosti

Author(s): Jana Martínková / Language(s): Slovak Issue: 1/2005

V posledných rokoch sa na róznych súdnych fórach objavujú kauzy, kde je štát žalovaný za obmedzovanie aktivít, ktoré podfa žalobcu "nikomu neškodia" a sú len "virtuálnou realitou", "simuláciou zakázaného", resp. "hrou na zločin". V USA ide napr. o virtuálnu det­skú pornografiu, v Európe zasa o laserovú hru simulujúcu zabijanie ľudí, či o tzv. hod trpaslíkmi. Obhajcovia týchto aktivít argumentujú, že pri nich buď úplne ab­sentuje reálna obeť (virtuálna detská pornografia, la­serová simulácia zabíjania), alebo tu reálna obeť síce svojím spósobom je, ale so svojou pozíciou súhlasí, je za ňu platená, a navyše jej nevzniká prakticky žiadna fyzická ujma (hod trpaslíkmi). Nasledujúci text pri­bližuje, ako sa s touto otázkou vysporiadal Európsky súdny dvor, Komisia OSN pre ľudské práva a Najvyšší súd USA.

"NASCITURUS PRO IAM NATO HABETUR QUOTIENS DE COMMODIS EIUS AGITUR". РИМСКОТО ПРАВИЛО И СЪВРЕМЕННОТО МУ ПРИЛОЖЕНИЕ

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 2/2017

The report presents the rule "Nasciturus pro iam nato habetur quotiens of commodis eius agitur" as it exists in Roman legal texts in relation to the ancient Greco-Roman concept of personae, different from that which we conceive today. In this context, the capacity of human embryo to be subject of right comes from social, religious, medical, moral and especially legal recognition. We discuss some of the heritage aspects of this rule, as well as the issues of early human life, abortion, infanticide and murder of pregnant women, recognition of the newborn by the father, State, etc. Some decisions of the Roman jurisprudence are surprisingly topical and are part of many discussions on its bioethical and legal aspects.

"Sąmoningas leidimas padariniams atsirasti" - turiningas netiesioginės tyčios požymis ar jo intelektinio momento parafrazė?

Author(s): Skirmantas Bikelis / Language(s): Lithuanian Issue: 61 (3)/2008

This article discusses the volitional part of dolus eventualis, which is often regarded as the key for the problem of distinguishing dolus eventualis and luxuria. Two attitudes towards the volitional part of dolus eventualis are revealed. The first group of authors explains the volitional part of dolus eventualis on the base of perpetrator’s emotions. The second group states that emotions are an improper criterion in distinguishing dolus eventualis and luxuria and considers that the intellectual part of dolus eventualis and luxuria is a sufficient criterion to distinguish these forms of offense. The author comes to the conclusion that the volitional part of dolus eventualis has not got any positive psychological content. Most of explanations of the volitional part of dolus eventualis, provided by the scholars of the criminal law, are paraphrases of the intellectual part. Therefore it is proposed to eliminate the unnecessary and empty formulation of the volitional part from the definition of dolus eventualis.

"The Confined Woman of Poitiers” and the Guarantor's Position of the Brother

Author(s): Cristina Nicorici / Language(s): English Issue: 02/2021

The concept of the state penalizing a person for his or her failure to act must be understood and analyzed as more than criminal responsibility for something that a person has failed to do. The idea that, unless a person complies with the obligations imposed by the state and acts accordingly, he or she will receive a court sentence, is related to the principle of legality in criminal law, individual liberty to act, and the rule of law. This article will underline the concept of improper omission, and how the criminal liability for improper omission is affecting the principle of legality in the perspective of the French criminal law theorists. In contrast with other European countries that have a long-standing tradition in accepting and analyzing criminal omission (such as Germany or Spain, for instance), in France, the idea of criminal responsibility for an omission that is not expressly regulated by the law was rejected. This longstanding position is based on a famous case – law that was very popular and is still mentioned by the theorists of criminal law when talking about responsibility for omission (known as the "Poitiers Case"). This decision, however, besides being an important case-law for the French criminal law, raises a problem that has not been solved even in the systems where the commission by omission is accepted. The main question that must be answered is whether a brother has a guarantor's position, or, in other words, has a duty to act, if his sister is in danger, and in this article, I present the main ideas developed as an answer to this problem.

"Words hurt for life" – legal aspects of verbal punishment of children

Author(s): Sylwia Różycka-Jaroś / Language(s): English Issue: 05/2016

This paper is dedicated to the issues of verbal punishment of children during the upbringing process. Statistics show that this is the most common type of punishment of children used by parents. Unfortunately, it often takes the form of a humiliating criticism, shouts or intimidation. All this affects negatively the child’s psyche. Taking into consideration the amendments which introduced a total prohibition on using corporal punishment towards children to Polish legislation, the issue of the limits of verbal punishments permitted by law still remains unsolved. Apart from a short definition and the description of the scale of this phenomenon, this paper is mainly dedicated to a legal analysis, which takes into account the stances of the doctrines of criminal and civil law. This paper attempts to give a straight answer to the doubts concerning this matter.

"Клик" преваре

Author(s): Vladimir Urošević / Language(s): Serbian Issue: 31-32/2010

In order to profit from the services provided to customers, the owners of Internet sites often rent space on those sites to a number of interested persons or companies for advertising. Rising of manipulation with “Pay-per-Click” advertising threw its abuse as spouted on the Internet. The essence of this manipulation lies in the fact that payments to the owner of the website on whose pages ads are published are calculated according to the number of user visits, which, in fact, were completely artificially generated. Such a fraud is known as the “Click fraud”. The danger that threatens from this type of fraud is great as they may jeopardize the work of many companies whose commercial activities rely on the profits through Internet. Systems for prevention of this type of a fraud are still not sufficiently effective. The number of Internet users in the Republic of Serbia is growing rapidly and it is expected that the number of companies that use Internet to promote their products and services will increase. This type of fraud is a serious threat to the contemporary advertising and because of that fact the author devotes special attention to the effective prevention of this phenomenon in the future.

"КРИВИЧНО ЗАКОНОДАВСТВО И КРИВИЧНО ПРАВОСУЂЕ У ПЕРСПЕКТИВИ НОВИХ ДРУШТВЕНИХ ПРОМЕНА”

Author(s): Nataša Delić,Silvija Panović-Đurić / Language(s): Serbian Issue: 5/1992

(NE)MANDAGUMO RAIŠKA NUSIKALTIMŲ DISKURSE: ĮVARDIJIMO ASPEKTAS

Author(s): Sigita Jakimovienė / Language(s): Lithuanian Issue: 11/2017

By focusing on the study of naming of an offender in the media in one particular case when father killed his two children in Saviečiai, this paper provides a perspective on the discourse on crime as the discourse governed by the strategies of impoliteness. The face management theory (Brown and Levinson 1978, 1987) and the insight of face attacking acts (Austin 1987) is considered here to be generally useful for the analyses of the discourse on crime which is, as a rule, about negatively evaluated persons and their actions. Having analysed 46 crime reports in the Lithuanian media published in the period of one month on January 2016, 36 different nominal references of the offender have been found. The results reveal that the level of politeness in the discourse on crime can be assessed considering the naming of an offender. In this discourse the naming of the offender is performed mainly as face attacking acts: 1) a naming word has a negative emotional evaluation or is an obvious insult or nickname which might be considered as a dysphemism (vaikžudys, smurtautojas, skriaudikas, žudikas, siaubūnas, antžmogis, monstras, budelis, išgama, degradas, navikas, alkoholikas, girtuoklis, chuliganas); 2) neutral naming words (vyras, tėvas, A. Beras, etc.) are modified by means of extended attributes that indicate the crime and the victims, the location of the crime. In fact, it often expresses a straightforward negative assessment. This type of naming of the offender with an additional indication of the time of the offense, the date of birth of the offender, the age and sex of the victims, is voluminous (up to 25 words) in this discourse. Such a naming becomes like a brief statement or a story in itself.

(Penal) populism and experts in the age of the digital crowd wisdom

Author(s): Michalina Szafrańska / Language(s): English Issue: XLIV/2022

Disregard for scientific facts and knowledge holders has usually been identified as a distinguishing feature of the penal populists’ politics. But is penal populism always anti-intellectual? In this article, I provide some deeper insight into the role of expertise in (penal) populist activity, especially in the context of the currently observed redefinition of expertise (some call it “the death of expertise”) and rapid development of new technologies that enable easy aggregation of citizensʼ collective wisdom. Will crowdlaw-making platforms prevent (penal) populism? Or will they strengthen it by facilitating the justification of radical and unnecessary changes in (criminal) law? Is there a place for traditionally conceived experts and established knowledge in crowdsourced law-making process, and if so, what should be their role?

(Не)извънредното положение (état d’urgence) – начин за правене на политики. Опитът на Франция

Author(s): Rada Smedovska - Toneva / Language(s): Bulgarian Issue: 54/2021

In the French legislation there are several extraordinary regulations intended to protect the State against external and internal dangers, which could threaten its existence. State of siege created during the period of the French Revolution, nowadays is provided by Article 36 of the 1958 Constitution. Besides, Article 16 of the Constitution provides extraordinary powers to the President of the Republic in case of different kinds of crisis. Finally, the Act of April 3rd, 1955 created the institution of “état d’urgence” which allows the State to deal either with serious breaches of public order or with public calamities that may affect all or part of the territory. The current text examines that very “state of emergency”, the reasons of its creation and implementation since the middle of XX century. The French case is curious because the different governments have been forced several times to declare state of emergency. The text aims at analyzing that emergency practice and the conditions of its evolution.

20 years on the path – the criminal careers of Polish juvenile girls

Author(s): Dagmara Woźniakowska-Fajst / Language(s): English Issue: XLII/2020

The ongoing research conducted at the Department of Criminology at the Institute of Law Studies of the Polish Academy of Sciences into juvenile delinquency resulted in establishing a database of persons who appeared before family and juvenile court for a punishable offence before 2000. The database enabled the continuation of research into the fate of juvenile girls, including and offered a unique insight into the lives of those individuals who continued to break the law in their adulthood. Court files studies were the basis of the analysis of juvenile girls’ offending at the time. Since then, the convictions of the juveniles in question has been verified three times: in 2011 (, in 2016 (for the period 2011-2015) and in 2018 (for the years 2016 and 2017). 836 juvenile girls remained that qualified for the research covering the period 2017-2019. From among this group 167 females were convicted of a criminal offence as adults, which is every fifth juvenile female in the study. For the sake of the research the research team decided to do in-depth research on the group of women that committed at least three offences in their adulthood, for which they had at least two convictions. Such established framework yielded 64 records (7.7% of the total juveniles in the research).

3P, un „virus” reactivat, care amenință sănătatea justiției penale

Author(s): Valerian Cioclei / Language(s): Romanian Issue: 2/2020

Populist penal policy (in short 3P), this is the "virus" subject to this analysis. There are some "clinical signs" that suggest that we are in a period of reactivation of this virus. This is the hypothesis that needs to be verified. As such, in the good medical methodological tradition (because we are talking about a virus) it is necessary, firstly, a short “epidemiological anamnesis” (I), after which, an evaluation of the “current pathological condition” (II).

A büntetéstan alternatív irányai?

Author(s): Zoltán Hautzinger / Language(s): Hungarian Issue: 1/2021

The field of investigation of penology, the concept of criminal penalty as well as its general and specific goals and content have not changed despite drafting and formulating more and more types of criminal penalties in the penal/criminal codes over the past several decades. Regardless of the aforementioned, penology these days must have specific responses to situations – whether it is justified to extend the sphere of criminal penalties to penalties in case of which the goal of imposing penalty can be achieved in other ways, or whether it is necessary to apply the traditional penal measures to facts or perpetrators, in case of whom applying other measures can be more efficient in order to achieve either the protection of society or general prevention. This study is aimed at finding answers to these questions.

A büntetőeljárás fő céljának érvényesülése a semmisségi panasz- és a felülvizsgálati eljárásban

Author(s): Andrea Noémi Tóth / Language(s): Hungarian Issue: 1/2021

The main goal of the ciminal procedure is the truth, and within this reaching substantive justice. In the first Code of Criminal Procedure of Hungary (Act No. XXXIII. of 1896), this was essential, too. Looking back at Ferenc Finkey, this study looks into whether substantive justice is available in the proceedings for legal remedy. It examines two remedies: the proceeding on complaint of nullity (in Act No. XXXIII. of 1896), and judicial review (in Act No. XC of 2017).

A Criminological Analysis of Trans-Border Crimes of Illela-Birnin Konni Corridor

Author(s): Ishaq Karofi USMAN / Language(s): English Issue: 24/2022

The paper explores the causes and effects of trans-border crime on two border communities: Illela and Birnin Konni border towns. The persistence and consistency of trans-border crime issue inspired the desire to carry out a study from which this paper emanates. The strain/ anomy theory and differential association theories were used as guides to the problem examined in the paper. Snowball and purposive or judgmental sampling procedures were adopted and a sample size of 271 respondents was chosen. This figure was arrived using Raosoft 2004 sample size of calculator by using 5% marginal error, 90% confidential level and 50% respondent distribution. Mixed methods of qualitative and quantitative were adopted. While questionnaire was designed and administered to designated respondents for the qualitative method, interview sessions were conducted with one each selected staff from the Customs, Immigration, Police Force, NDLEA and Civil Defense. There was 57.6 % response rate as 156 respondents out of 271 returned the questionnaire given to them and three (3) key informants were interviewed. The paper found smuggling of petroleum products as the major (89%) trans-border crime with poverty as the leading cause of transborder crime as indicated by (38.3%) of the respondents. The paper then recommends that parent should instill discipline on their wards/children and proper socialization to avoid peer group influence on their children.

A Few Remarks on Slaves and Criminal Law: Deliberations Based on D. 48, 2, 12, 4

Author(s): Piotr Kołodko / Language(s): English Issue: 5/2020

The purpose of the article is to present the legal situation of a slave under Roman criminal law. The analysis conducted proves that the approach towards slaves changed along with the transformation of the government system of ancient Rome. In the Period of the Republic, criminal liability of slaves evolved in two directions. The dominica potestas was exercised by owners, as well as the collegial body – tresviri capitales. From the Principate period, Roman jurists were convinced that the legal status of a slave and a free person was identical under criminal law. The difference between these offenders was non-exercise of leges criminales with a penalty that would be inadequate for their legal status, or ruling and exercising of more severe penalties against slaves.

A Few Remarks on the Role of the Principle of Legality in the Romanian Legal System

Author(s): Cătălin Constantinescu-Mărunţel,Teodor Manea / Language(s): English Issue: 01/2022

This paper seeks to outline the meaning, the role and the limits of the principle of legality according to the Romanian legal system. Firstly, a few preliminary questions regarding the nature and the role of legal principles in general have to be answered. This is necessary in order to provide a reader which is not familiarized with this national set of norms with a general understanding of the concepts used during the analysis of the proposed topic. Having achieved this, one may subsequently proceed to analysing the general understanding of the principle of legality and its main coordinates in the Romanian legal system. One would have to remember that the latter is a European continental (or civil) legal system, belonging to a country which is a member of the European Union, of the United Nations and of the Council of Europe. This translates into the fact that the paper does also have to analyse the impact of the international public law on the way the principle of legality is currently comprehended and applied internally. All these being said, the third and main section of the paper concentrates on how is this concept applied in a few of the legal domains. The paper is mainly interested in the public implications of the principle; therefore, the analysis will try to discover the main ways in which the rule of law culture shapes the notion of public power and its exercise. The paper will end with a few final considerations regarding the main ideas discovered during the previous sections.

A FORMAL FORM OF SOCIAL CONTROL AGAINST ONLINE HATE SPEECH IN INDONESIA

Author(s): Gatot Eddy Pramono / Language(s): English Issue: 2/2020

The development of technology and information gave rise to new media in communication. This new media, called social media, has different characters from well-known characters. The emergence of this new media also has the potential to be used in spreading hate speech online. Unlimited hate speech content can lead to various negative impacts in the community; it can even cause social conflict, physical violence, harassment, and demonstrations. This paper aims to explain the implementation of formal social control over hate speeches in Indonesia by using a qualitative approach through literature studies as a data collection technique. As a result, formal social control over hate speeches in Indonesia is carried out by law enforcement officers by enforcing existing legal rules. In addition, the use of formal social controls that are not balanced in tackling hate speech in Indonesia can cause bias and discrimination and ultimately lead to public distrust of law enforcers and the criminal justice system. A need for alternative social control in controlling hate speech that occurs in the community is to be discussed further.