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"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.

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"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.

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"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.

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"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.

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"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.

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#56 The EU’s Paradoxical Efforts at Tracking the Financing of Terrorism: From criticism to imitation of dataveillance

Author(s): Anthony Amicelle / Language(s): English / Publication Year: 2013

In July 2011, the European Commission published a Communication aimed at setting out different options for establishing a European terrorist finance tracking system (TFTS). The Communication followed the adoption of the EU-US agreement on the US Terrorist Finance TrackingProgram (TFTP) in 2010. The agreement concluded various series of national, European and transatlantic negotiations after the disclosure through public media of the US TFTP in 2006. This paper takes stock of the wide range of controversies surrounding this security-focused programme with dataveillance capabilities. After stressing the impact of the US TFTP on international relations, the paper argues that the EU-US agreement primarily has the effect of shifting in formation-sharing practices from the justice/judicial/penal/criminal investigation framework into the security/intelligence/administrative/prevention context as the main rationale. The paper then questions the TFTP-related conception of mass intelligence through large-scale databases and transnational communication of bulk data in the name of targeted surveillance. Following an examination of the project creating an EU system equivalent to the TFTP, the paper emphasises the fundamental paradox of transatlantic security matters, in which European criticisms of American programmes tend to be ultimately translated into EU imitation of US dataveillance practices.

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#61 The Criminalisation of Migration in Europe. A State-of-the-Art of the Academic Literature and Research

Author(s): Joanna Parkin / Language(s): English / Publication Year: 2013

In the last 30 years, a clear trend has come to define modern immigration law and policy. A set of seemingly disparate developments concerning the constant reinforcement of border controls, tightening of conditions of entry, expanding capacities for detention and deportation and the proliferation of criminal sanctions for migration offences, accompanied by an anxiety on the part of the press, public and political establishment regarding migrant criminality can now be seen to form a definitive shift in the European Union towards the so-called ‘criminalisation of migration’. This paper aims to provide an overview of the ‘state-of-the-art’ in the academic literature and EU research on criminalisation of migration in Europe. It analyses three key manifestations of the so called ‘crimmigration’ trend: discursive criminalisation; the use of criminal law for migration management; and immigrant detention, focusing both on developments in domestic legislation of EU member states but also the increasing conflation of mobility, crime and security which has accompanied EU integration.

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#74 The End of the Transitional Period for Police and Criminal Justice Measures Adopted before the Lisbon Treaty: Who monitors trust in the European Criminal Justice area?

Author(s): Katharina Eisele,Sergio Carrera,Valsamis Mitsilegas / Language(s): English / Publication Year: 2014

This study examines the legal and political implications of the recent end of the transitional period for the measures in the fields of police and judicial cooperation in criminal matters, as set out in Protocol 36 to the EU Treaties. This Protocol limits some of the most far-reaching innovations introduced by the Treaty of Lisbon over EU cooperation on Justice and Home Affairs for a period of five years after the entry into force of the Treaty of Lisbon (until 1 December 2014), and provides the UK with special ‘opt out/opt-in’ possibilities. The study focuses on the meaning of the transitional period for the wider European Criminal Justice area. The most far-reaching change emerging from the end of this transition will be the expansion of the powers if scrutiny by the European Commission and Luxembourg Court of Justice over Member States’ implementation of EU criminal justice law. The possibility offered by Protocol 36 for the UK to opt out and opt back in to pre-Lisbon Treaty instruments poses serious challenges to a common EU area of justice by further institutionalising ‘over-flexible’ participation incriminal justice instruments.

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#80 The Criminalisation of Irregular Migration in the European Union

Author(s): Mark Provera / Language(s): English / Publication Year: 2015

This paper offers an academic examination of the legal regimes surrounding the criminalisation of irregular migrants in the EU and of acts of solidarity with irregular migrants, such as assisting irregular migrants to enter or remain in the EU, and other behaviour that is motivated by humanitarian instincts.The research analyses EU law and its relationship with national provisions regarding the criminalisation of irregular migration and of acts of solidarity vis-á-vis irregular migrants. A comparative analysis was made of the laws of the UK, France and Italy, supplemented by ananalysis of the laws of Germany, the Netherlands and Spain. By considering the role of public trust in fostering compliance with the law, the paper explores the impact of criminalisation measures on institutions’ authority to compel individuals to comply with the law (institutional legitimacy).

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#90 The Cost of Non-Europe in the Area of Organised Crime

Author(s): Sergio Carrera,Elspeth Guild,Lina Vosyliūtė,Amandine Scherrer,Valsamis Mitsilegas,Mirja Gutheil,Quentin Liger,Gareth Harper / Language(s): English / Publication Year: 2016

This Research Paper examines the costs of non-Europe in the field of organised crime. It provides an interdisciplinary analysis of the main legal/ethical, socio-political and economic costs and benefits of the EU in policies on organised crime. It offers an in-depth examination of the transformative contribution that the EU has made, in terms of investigation, prosecution and efficiency, to trans-border operational activities and the protection of its citizens’ rights. Finally, it seeks to answer the questions of what are the costs and benefits of European cooperation and what forms of cooperation would bring more European added value.

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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).

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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).

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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.

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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).

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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.

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A gyermek jogainak érvényesülése a magyar polgári eljárásban

Author(s): Katalin Visontai-Szabó / Language(s): Hungarian / Issue: 1/2020

The status of children, and their role have both undergone significant changes all over the world in the past half century. The rights and vulnerabilities of the child are now the subject of increased attention in all fields, including in the framework of the judicial process. Today, the notion of child-friendly justice is not unknown in Hungary although it is yet to be decided if the proper term is child-friendly or child-centred. The means of ensuring that the rights of the child are respected are common to all procedures; however, the traumas and adverse experiences they may have found themselves subjected to are widely diverse in civil cases (usually the establishment of parental supervision), criminal cases (usually crimes where the victim is a child), and in procedures specific to the tutelage authority; so, the question deserves examination in view of such specificities. The adoption of the New York Convention was a significant milestone in the domain of the rights of the child; however, laying down the theoretical foundations was only relatively slowly followed by a dynamic of development in practice, and that took place with a wide degree of variability in different fields. In Europe — as in Hungary —, the participation of the child during the procedure meant the same as a hearing when the child is addressed questions. Today we know that Laura Lundy was right when in several of her studies she drew attention to the fact that true participation is more than simply asking the child questions. In my research, I set myself the task to create a type of catalogue for the procedural rights of the child and to answer the question: what more can we do that has not yet been done in order to avoid transforming participation in a procedure into a burden, or even worse, a trauma for the child, but instead making it the reflection of a plenitude of rights, a defining but not uncomfortable experience?

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A jogtalanság mint a büntetendő cselekmény ismérve – az önvezető járművekkel kapcsolatos büntetőjogi problémák Finkey Ferenc akadémiai székfoglaló beszédének tükrében

Author(s): Csongor Herke / Language(s): Hungarian / Issue: 1/2021

Ferenc Finkey gave his inauguration speech at the Hungarian Academy of Sciences, entitled Injustice as a Criterion of Punishable Acts. This inauguration speech can also be paralleled with problems today such as the issue of criminal liability for self-driving vehicles. In the case of offences caused by self-driving vehicles, the issue of illegality depends on the degree of automation. For vehicles with higher automation, it is already questionable who is responsible for the accident at all (the manufacturer, the programmer, the owner/operator, the user, or the car as a digital person), and the issue of injustice may vary depending on this. According to Finkey, it is not necessary to define the concept of injustice in the Criminal Code. At the same time, it states that lawful action is not punishable, and this should be the guiding principle in determining criminal liability for self-driving vehicles.

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A Judicial Review of the De Facto Detention of Foreigners in Turkey

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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.

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A LEGAL PERSPECTIVE OF SECURITY

Author(s): Carmen Silvia Paraschiv / Language(s): English / Issue: IX/2015

This paper addresses the legal perspective, the issue of security in a global environment, information security by classifying them; highlights the need to develop a strategy to secure cyberspace. In the overall context makes a rundown and main concerns of the Romanian state institutions in this field.

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A rendészet globális, kontinentális, regionális és lokális kihívásai és válaszai napjainkban

Author(s): János Sallai,Katalin Fekete / Language(s): Hungarian / Issue: 2/2018

In the 21th century it became clear that globalisation defines our lives, and it is present in every area of life, and thus, policing. In order to be able to handle the challenges of policing posed by globalization, we have to be familiar with its characteristics, effects and risks. As the magnitude and nature of the threats resulting from globalisation may differ, it is necessary to examine them separately on a global, continental, regional and local level. A solution to challenges must be found on each individual level. In opinion of the authors, the greatest policing challenges of globalization are the following: global warming, water and food deficiency, the worldwide spread of drugs, the fight for resources, terrorism, the widening “social scissor” between the north and south resulting from economic development, the overpopulation of Earth and migration.

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