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

- 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.

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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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"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.

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(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.

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

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

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

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?

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

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

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.

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

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

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 HISTORICAL PERSPECTIVE ON THE CRIMINALIZATION OF OMISSION IN CRIMINAL LAW
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A HISTORICAL PERSPECTIVE ON THE CRIMINALIZATION OF OMISSION IN CRIMINAL LAW

Author(s): Carmen Adriana Domocoş / Language(s): English / Issue: 02/2018

Legal thinking with regard to omission has evolved over time, and, for a long time, inaction was not criminalized in the same way as action. The Romanian Criminal Code of 2009 regulates for the first time in our legislation the principles of liability for omissive acts and situations in which there is criminal liability for an act committed by omission, in a similar way to other European criminal codes.

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

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

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 BASIS FOR OPERATION OF SECURITY SERVICES IN REPUBLIC OF SERBIA

A LEGAL BASIS FOR OPERATION OF SECURITY SERVICES IN REPUBLIC OF SERBIA

Author(s): Radojica S. Lazić,Mirko Kulić / Language(s): English / Issue: 1/2022

During the past twenty years there was executed a thorough reorganization of the whole security in Republic of Serbia. Many strategic documents and regulations have been adopted, which have, in a transparent way, organized the national security system. Security services, as parts of the system, play a very important role in preserving the vital values of the state and society as a whole. Their role in protection of national interests has been defined through the adoption of certain legal acts. This paper, apart from the historic perspective, analyses the legal acts of a special importance for the reform of the security-intelligence system in Republic of Serbia.

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