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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: 2/2016

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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#11 Corruption, Trafficking and Institutional Reform

#11 Corruption, Trafficking and Institutional Reform

Author(s): Author Not Specified / Language(s): English / Publication Year: 2002

The present report summarizes researches and discussions conducted by members of the expert group within the framework of the Bulgarian anti-corruption initiative Coalition 2000 established in 1997. The report is dedicated to one of the most serious problems of the Bulgarian transition towards market economy, stable democratic institutions and legal state. The exploding growth of trans-border crime during the last 12 years has led to the emergence of criminal infrastructure, developed and maintained by criminal groups and semi-legal "power groups," which have appeared in the mentioned period. The trans-border crime in Bulgaria is a part of the new network of international organized crime, which was established after the end of the Cold War and which is closely connected to the regional channels of smuggling and trafficking. Smuggling (including drug smuggling) and trafficking are in particular the main sources of income for organized crime in the country.

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#12 The Drug Market in Bulgaria

#12 The Drug Market in Bulgaria

Author(s): Author Not Specified / Language(s): English / Publication Year: 2003

The Center for the Study of Democracy has undertaken a special inquiry into the topic of drug abuse - which was fueled by the drug epidemic of the late 1990s and has grown to become a real social threat - and the problem of drug dealing, which is a major mechanism for the generation of organized crime in Bulgaria. This report addresses drug supply and demand in Bulgaria with the ambition of mapping a vast information void and identifying the basic mechanisms and stakeholders of the drug market. However, the peculiarities of drug diffusion and consumption do not allow the use of the standard suite of economic research tools and vehicles throughout the study. This analysis has been divided into three sections. The first addresses the genesis of drug distribution, while the second describes its structure and functioning. The findings about supply presented in the first two parts are based on a series of in-depth interviews with dealers of different groups of drugs, long-term drug users, with police and security officers (experienced in combating drug traffic, drug production, and drug dealing), doctors, and civil organizations engaged in treatment services to drug addicts. Section 3 highlights drug demand, and brings into play the findings of the First National Population Survey on Drug Consumption in Bulgaria conducted by Vitosha Research. For the purpose of this study, CSD and Vitosha Research used the research tools of the European Monitoring Center on Drugs and Drug Addiction (EMCDDA). While paying attention to a variety of views, the team of authors has tried to find common ground upon which to evaluate the actual number of drug users in the country. Even if population-based surveys are often unreliable due to stigmatized and hidden patterns of drug use, they are the type of surveys that provide a comprehensive representation of the situation in the country, as well as reference material for later in-depth studies.In addition, a series of indirect variables, tailored to Bulgarian circumstances, were drawn up to register psychoactive substance use. Two more surveys, of the qualitative type, were conducted: one among heroin addicts and frequent users of soft drugs, and another among experts and treatment agencies. This report was developed by the CSD as part of project evaluating the patterns of drug supply and demand in Bulgaria.

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#13 Partners in Crime: The Risk of Symbiosis between the Security Sector and Organized Crime in Southeast Europe

#13 Partners in Crime: The Risk of Symbiosis between the Security Sector and Organized Crime in Southeast Europe

Author(s): Author Not Specified / Language(s): English / Publication Year: 2004

The penetration of the organized crime into the security sectors of the countries in transition is one of the darkest aspects of the post-communist transformations of states. During the past 15 years the growing impact and influence of organized criminal groups was felt not only in the countries in transition but also in the European Union. This process was facilitated by the increasingly free movement of people, goods and finances around Europe. The report is a necessary contribution to heightening public awareness of the considerable risks arising from criminal partnership within the security sector in Bulgaria and the Western Balkans and the need for measures to counteract and prevent it.

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#15 Transportation, Smuggling and Organized Crime

#15 Transportation, Smuggling and Organized Crime

Author(s): Tihomir Bezlov,Philip Gounev,Emil Tzenkov,Petkan Iliev / Language(s): English / Publication Year: 2004

The report analyses the participation of transportation companies in smuggling practices, more specifically: • it examines and describes a range of companies and individuals involved in organized crime groups whose main business is the trafficking of consumer goods. • it also gives and overview of the criminal and semi-legal networks involved in smuggling Chinese and Turkish goods. • it presents new data on oil and oil products smuggling. • it examines the role of duty-free shops and their involvement in illicit cigarettes imports.

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#16 Corruption and Tax Compliance. Policy and Administration Challenges

#16 Corruption and Tax Compliance. Policy and Administration Challenges

Author(s): Konstantin Pashev / Language(s): English / Publication Year: 2006

National and international corruption indices suggest that the Bulgarian tax administration has an important role to play in fighting corruption. While the general public and the business community are inclined to think better of the tax administration, in terms of the levels and spread of corruption, by comparison with other institutions, such as customs, the police or the judiciary, corruption in the tax administration is still admittedly rather high. Business largely believes that most, if not all, tax officers are involved in corruption. Over the last five years, one out of five businesses on average has come under corruption pressure at the hands of tax officers. While they would not go as far as to accept the taxpayers’ perception of the situation, members of the tax administration do not deny the problem. They see the administration’s functional areas for Tax Audit and Operational Control as worst affected in terms of, respectively, the amounts of money changing hands and the frequency of such transactions. International surveys are inconclusive about the level of corruption in the Bulgarian tax administration on a comparison basis. The World Economic Forum rates it as relatively low within the enlarged European Union. By contrast, the World Bank has found it to be higher than corruption levels in most of the Balkans and the former Soviet republics. The purpose of this study is not primarily to add another estimate of the level and scale of tax corruption in Bulgaria but rather, to contribute to an in-depth diagnosis of the phenomenon in terms of its drivers at work in individual and institutional behaviour.National and international corruption indices suggest that the Bulgarian tax administration has an important role to play in fighting corruption. While the general public and the business community are inclined to think better of the tax administration, in terms of the levels and spread of corruption, by comparison with other institutions, such as customs, the police or the judiciary, corruption in the tax administration is still admittedly rather high. Business largely believes that most, if not all, tax officers are involved in corruption. Over the last five years, one out of five businesses on average has come under corruption pressure at the hands of tax officers. While they would not go as far as to accept the taxpayers’ perception of the situation, members of the tax administration do not deny the problem. They see the administration’s functional areas for Tax Audit and Operational Control as worst affected in terms of, respectively, the amounts of money changing hands and the frequency of such transactions. International surveys are inconclusive about the level of corruption in the Bulgarian tax administration on a comparison basis. The World Economic Forum rates it as relatively low within the enlarged European Union. By contrast, the World Bank has found it to be higher than corruption levels in most of the Balkans and the former Soviet republics. The purpose of this study is not primarily to add another estimate of the level and scale of tax corruption in Bulgaria but rather, to contribute to an in-depth diagnosis of the phenomenon in terms of its drivers at work in individual and institutional behaviour.

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#18 Corruption in Public Procurement: Risks and Reform Policies

#18 Corruption in Public Procurement: Risks and Reform Policies

Author(s): Konstantin Pashev,Assen Dyulgerov,Georgi Kaschiev / Language(s): English / Publication Year: 2006

Public procurement is among those spheres in the management of the public sector in Bulgaria which are characterized by the highest corruption risk. Generally speaking, the abuses in this sphere relate to the awarding of the public procurement contract to a pre-selected supplier to the detriment of the public interest through violation of the principles of competition for the purpose of gaining personal benefit. The report examines the corruption in public procurement and assesses the losses from it. It also focuses on big corruption in public procurement with a view to the fine-tuning of the policy tools. This type of corruption covers all transactions and procedures which fall or should fall within the scope of the public procurement legislation. These are most of the supplies whose price or qualitative parameters are subject to negotiation between the contracting authorities in the public sector and the suppliers from the private sector.

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#19 Corruption in the Healthcare Sector in Bulgaria

#19 Corruption in the Healthcare Sector in Bulgaria

Author(s): Konstantin Pashev / Language(s): English / Publication Year: 2007

At a time of heightened social sensitivity to persisting problems in the Bulgarian healthcare system, the report examines the causes and consequences of corruption in the Bulgarian healthcare. In the context of slow institutional reforms the analysis reveals the incentives of medical personnel for corruption, as well as the size and scope of corruption in the Bulgarian healthcare sector.

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#26 Countering Organised Crime in Bulgaria: Study on the Legal Framework

#26 Countering Organised Crime in Bulgaria: Study on the Legal Framework

Author(s): Maria Yordanova,Dimitar Markov / Language(s): English / Publication Year: 2012

The publication analyses and assesses the legal framework on countering organised crime and examines the problems, which arise in its practical application. On this basis, recommendations are made to improve the legislation and bring it into conformity with international standards and the existing good practices, as well as to overcome the weaknesses in the application of law which impede the detection and punishment of organised criminal activity or infringe fundamental principles of criminal procedure and the rights of the participants in it.

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#27 Assisting and reintegrating child victims of trafficking in Bulgaria: legal, institutional and policy framework

#27 Assisting and reintegrating child victims of trafficking in Bulgaria: legal, institutional and policy framework

Author(s): Miriana Ilcheva / Language(s): English / Publication Year: 2012

The report explores the legal, institutional and policy framework of countering child trafficking in Bulgaria and assisting and reintegrating its victims. It looks at Bulgarian criminal law and criminal procedure, as well as other legal norms, relevant to the subject, and the extent to which they comply with international standards. The study presents the different stages of referral victims go through, the various institutions and organisations, involved in the process, and the policies and initiatives they pursue in improving child victims’ situation. A number of recommendations are put forward in terms of possible legislative amendments, strengthening policy framework and furthering capacity building of institutions, entrusted with combating child trafficking.

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#32bg Радикализация в България: заплахи и тенденции

#32bg Радикализация в България: заплахи и тенденции

Author(s): Rositsa Dzhekova,Mila Mancheva,Maria Doichinova,Lyubomira Derelieva,Tihomir Bezlov,Maria Karayotova,Yavor Tomov,Dimitar Markov,Miryana Ilcheva / Language(s): Bulgarian / Publication Year: 2016

The phenomena of radicalisation today develop and change at high speed, with their extreme forms manifested globally. The destructive dimensions of (violent) Islamist or right-wing radicalisation have become dramatically visible in Europe posing serious challenges to European societies at large. This report aims to address a knowledge gap with regard to how and to what extent internationally observed radicalisation processes are manifested in Bulgaria. Four different forms of radicalisation are investigated, including Islamist radicalisation, right-wing and left-wing radicalisation, as well as football hooliganism. The report provides policy makers and the expert community with a systematic overview of the main risks to which the Bulgarian society is exposed, as well as of the main actors and ideas, the repertoire of actions and the groups at risk associated with radicalisation. The report outlines recommendations for improvement of the policy and institutional response with regard to radicalisation by way of monitoring and prevention measures as well as multi agency collaboration and community engagement.

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#33 Extortion racketeering in the EU: vulnerability factors

#33 Extortion racketeering in the EU: vulnerability factors

Author(s): Atanas Rusev,Lorella Garofalo,Elena Sciandra,Andrea Gimenez-Salinas,Carmen Jorda,Manuel de Juan Espinosa,Tihomir Bezlov,Margarita Gasparinatou,Irene Stamouli,Sofia Vidali,Marina Marchiaro,Valentina Giampietri,Radu Nicolae / Language(s): English / Publication Year: 2016

Extortion racketeering has been long pointed out as the defining activity of organised crime. Although in recent years this crime has not been among the top listed organised crime threats in the strategic EU policy documents, it still remains ever present in European countries. The seriousness of the phenomenon has been recognised at the EU level and the crime has been listed in a number of EU legal acts in the field of police and judicial cooperation in criminal matters. The report Extortion racketeering in the EU: vulnerability factors analyses extortion racketeering forms and practices in six EU member states. The analysis disentangles the risk and the vulnerability factors for enterprises in two business sectors – agriculture and hospitality – as well as in the Chinese communities. Drawing on the results of the analysis, the report suggests new policies for tackling extortion racketeering in the EU. This report has been produced with the joint efforts of the Center for the Study of Democracy, Instituto de Ciencias Forenses y de la Seguridad – Universidad Autónoma de Madrid, Transcrime – Università Cattolica del Sacro Cuore di Milano and Vitosha Research and with the support of Guardia Civil in Spain.

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

#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

#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?

#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

#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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