Crime and Corruption: Investigation: Desheli’s Business Practices Exposed
How the cosmetics firm in Moldova has been drawing people, unwittingly, into the clutches of loan companies.
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How the cosmetics firm in Moldova has been drawing people, unwittingly, into the clutches of loan companies.
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Owner of car may face charges of running a crime gang, says he was not the real target.
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The German judiciary has passed four important judgments regarding the war crimes committed in Bosnia and Herzegovina. The importance of these judgments is the determination of genocide committing in the municipalities of Foča, Kalesija, Doboj and Kotor Varoš in 1992. In this paper we provide a brief overview and analysis of those judgments and the facts that have been established in the trial. Mentioned judgments were confirmed by the higher courts in Germany and in one case even before the European Court of Human Rights.
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Adolf Eichmann was one of the leading officials involved in the implementation of the Nazi policy of killing Jews during the Second World War. His kidnapping in Argentina and trial in Jerusalem shook the world’s public and made troubles on political and scientific scene in the world, but at our area it did not get the deserved attention. In this paper, the author wishes to remind the scientific thought and political doctrine of an event that can be actualized now in Bosnia and Herzegovina, especially connected to the similarities and differences between the Holocaust against the Jews and genocide against Bosniaks, and the Jews’ search of war criminals after the Second World war and Bosniaks’ search after the aggression against Bosnia and Herzegovina ‘92 -’95. The most of the war criminals against Bosniaks prosecuted in The Hague, as well as Eichmann did not plead guilty and did not repent of their crimes and in their statements to the courts, you can reach the depths of evil against the other and the different. The case of Eichmann approached the victim to a necessity that has to have a strong state, which will be, as far as possible, the guarantor of that the evil does not happen again. It is a message to Bosniaks as the most numerous people in Bosnia and Herzegovina, over whom the genocide was committed, that together with other peoples, jealously guard and build the state of Bosnia and Herzegovina. Mustafa Imamović, a doctor of law and professor at the University of Sarajevo, in his capital work History of Bosniaks, Sarajevo, 1997, stated that the history is of one of the oldest social sciences and that it existed even before the advent of literacy. Therefore, the history of criminal and his intent deserve the scientific attention to be investigated as causes of evil and opportunities to stop and prevent such a terrible crime that has disturbed the conscience of humankind.
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It is beyond any doubt that victims of human rights violations are rarely in position to initiate court proceedings fighting systematic discrimination themselves, which makes the role of human rights institutions indispensable. This specific mandate gives rise to numerous questions, such as: to what extent state institution takes the role of the legal representative, what capacities should it possess, on what basis it selects the cases meriting court intervention, is court intervention equally suitable in all areas of human rights protection and which analyzed model from Europe or wider has proved to be the most effective? Article offers analysis of court interventions in federal states with complex government structure and multiple institutions mandated with human rights protection, be it Ombudsmen Institution or Equality Body, court interventions in states with single human rights institution, comparative practice present in various European states, as well as interventions of human rights bodies before European tribunals. Author outlines the legal framework, human resources, and administrative structure that need to be provided, so that court interventions would have the desired effect and generate positive changes. In this process, it is of paramount importance to respect existing legal traditions and intrinsic practices, which proved their practical applicability over time, while any attempt to use legal transplants, with a goal of hastily unification of national legal orders and imposing transnational jurisdiction, can only produce confusion and counter effects.
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This article covers the content of criminal law protection afforded to national economic interests, and gives the general definition of the crimes in the group taken into consideration. It then analyzes the definitions of economic crimes, and outlines the main elements of offences threatening national economic interests (object, objective part, subject) and their features. It identifies the problems connected with the application of criminal liability for the crimes in the sphere taken into consideration, including those connected with subject structure, qualifying features, and criminal policy in the sphere of the economy, forming tendencies as well as gaps in the criminal law protection of national economic interests.
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The Romanian criminal legislator manifested a constant concern for the institution of the continued offense, regulating it in the former Criminal Code (Law no. 15/1968) as well as in the current Criminal Code (Law no. 286/2009) however, according to a somewhat partially different initial vision. Starting from the original legal definition (according to the current Criminal Code), passing through the subsequent interpretative rules with reference to it (provided by the law for implementing the Criminal Code), then through the mandatory case law of the Constitutional Court of Romania, and arriving to a long (and so far: missed) legislative process for the modification of the text of art. 35 paragraph 1 from the Romanian Criminal Code, the regulation of the continued offense tends to describe a (vicious?) circle – as many other innovative directions outlined by the legislator of the new Criminal Code of Romania. This material follows (forward) the steps of this cyclic transformation of the continued offense in the contemporary Romanian criminal law.
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A well known principle / a generally accepted rule of interpretation of criminal legal norms is: Poenalia sunt strictissimae interpretationis (!) the criminal law is of strict interpretation (and application). The axiomatic nature of this rule often eliminates the need for further explanations. Thus, it is understood that the field of criminal law (a matter with maximum restrictive potential for the fundamental rights and freedoms of the human being) must operate with precise and punctual regulations, whose interpretation and application will be as strict / accurate as possible, in order not to leave room for interpretative arbitrage, as there are so many (and important) legal issues at stake. However, a quick tour through various (general) criminal law institutions can easily indicate a number of legal hypotheses (in the current Romanian criminal law) where the regulations are not / cannot / should not be interpreted strictly. On the contrary, in their case an extensive interpretation is required / justified although this practice tends to contravene (apparently) precisely to the pre indicated interpretation principle. What is even more surprising is the fact that, in such cases, the doctrine and the practice admit the extensive interpretation as a natural fact, seeming not to notice the apparent incongruity of the respective solution to a general interpretative rule unanimously accepted as a premise. In this article we propose to carry out a review (exemplary, not exhaustive) of such situations (legal criminal norms that are interpreted extensively or are expected to be extensively interpreted, and sometimes there are discussions related to this aspect), with brief (potentially critical) observations on each exposed case. As the number of situations we are considering is sufficiently high (on the one hand) and because the material thus conceived presents a high degree of heterogeneity, we will divide the article into (minimum) two parts, the first to be developed in the following rows, so that in future issues of the publication this research topic will be resumed and continued.
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This paper aims to make a brief analysis of the spectroscopic methods and to present their utility in Forensic Science. There are presented the principles by which spectroscopy works ans the main types of spectroscopy. Due to the importance of Raman spectroscopy in carrying out the forensic investigation, the final part of the paper focuses on this type of spectroscopy, presenting the techniques which allow its use in Forensic Science, as well as some actual cases in which Raman spectroscopy leads to very important results for the forensic investigation.
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Bullying is one of the most complex forms of aggressive behavior, defined as form of abuse, physical violence, verbal or psychological intimidation, hartuire or exclusion of an individual within a community.The main medium of this phenomenon, inparticular at the school where a continuous increase in the intensity becomingincreasingly more difficult to manage, most often being overlooked or ignored. Hispresence at the level of society is undeniable, with too little of our country level where isnot a novelty item, and its harmful effects are felt to be sure.
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This study analyses one of the actual and modern forms of criminality,which appeared as a result of the new technology evolution, namely cybercrime. This study aims to examinefollowing areas of interest: the legal framework intended for stopping thisillegal manifestation; considerations regarding some of the offences from thisarea; the object and motivation of these offences materialized in criminological effects; some details about the personality of hackers; and, last but not least, thepresentation of some practical cases, which has in center both foreign andRomanian offenders. Therefore, through this study, readers will acknowledgehow important and perilous the cyberspace has become, as well as the fact thatsome of the hackers had renounced of committing offences in favor of offeringlegal support for checking the computer networks and the Internet.
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From the application of the most drastic punishments for crimes whose naturewas meant to produce a prejudice to the physical and mental integrity of a person orwho aimed at its patrimony and until the current period, where no question of theapplication of a capital punishment, at least as far as the Romanian State is concerned,the romanian sanctioning system has undergone numerous modifications aimedprimarily at sanctioning the facts stipulated by the criminal law that have beencommitted with guilt, this sanctioning beeing applied in compliance with the rights ofthe convicted person. The present work aims to make a general overview of theevolution of the Romanian sanctioning system, from the daco-roman period and untiltoday, the presentation of facts that are no longer criminally incriminated in the currentcriminal legislation and last but not least a comparative analysis at international level.
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There is a jurisprudential and doctrinal orientation which acknowledges cumulatively the offence of hitting or other violence or as the case may be, attempt of murder with leaving the accident scene. Another jurisprudential and doctrinal orientation states that the offence of leaving the accident scene cannot be considered as to be borne by the perpetrator. Through a careful analysis of Anglo Saxon and continental legal doctrine, the relevant national law texts, as well as the international ones of the European Union, the case law of the European Court of Human Rights, this study hopes to clarify this legal issue.
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This study deals with the concept of unlawful act. This paper contains opinions expressed in specialized literature regarding the concept of unlawful act, as well as the indissoluble relationship between the unlawful act and being held legally liable.
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In the commentary I deal with the issue of the impact of a non-appealable verdict held in criminal proceedings for the crime of deceased’s abuse on the procedure concerning the unworthiness of inheritance. In reality of the case, such a conviction was passed to the testator’s wife, who was attributed physical and psychological abuse against her husband. Th e court of appeal in a case concerning the unworthiness of inheritance of the deceased, bound by the decision of the criminal court, found that the defendant (the wife of the testator) committed a serious crime against him. Given that the crime of abuse can only be committed intentionally, the court took the view that the claim of the unworthiness of inheritance deserved to be taken into account. In my opinion, the judgment of the Court of Appeal was correct. It is also to be welcomed that the court of the second instance decided to suspend proceedings until the criminal court delivered a judgment in a case of deceased’s abuse. After a conviction, the court of appeal correctly decided to take proceedings and gave a ruling on the merits of the case. Consequently, the court changed the contested judgment dismissing the claim and ruled that the defendant’s succession to the deceased was unworthy. This was the right decision to make from the point of view of procedural economics
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Counterfeiting is one of the oldest and most persistent criminal offences. Scientific and technological development has enabled the emergence of a more modern money manufacturing technology and improvement of money protection systems, though at the same time it broadened the possibilities for criminal offences, notably the production of counterfeits. In the mid-1860s, the money in circulation in the Principality/ Kingdom of Serbia was of foreign origin, comprising 43 types of different metal coins and one type of paper money. Gold and silver money of European origin was deemed by the people to be better and “purer” than Turkish money. In an effort to establish control over the technological process of manufacturing the national currency and at the same time prevent the counterfeiting of money of different types and origin, the Principality of Serbia appointed chemists Mihajlo Rašković and later Sima Lozanić, as “examiners of ores and false money”. Almost all counterfeit currencies appeared immediately in circulation in the territory of the Principality/Kingdom of Serbia. This paper presents the methods used in the process of identifying false/suspect money, methods used to determine the nominal value of money, the importance of introduction of those scientific methods in the criminal and legal sphere of the Principality/Kingdom of Serbia, which can be considered the beginning of the forensic chemistry in Serbia.
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In the present study, I will discuss the distinction between interpretation and construction in the context of criminal law.To that end, in the first part of the study I will elaborate the distinction in question by presenting in contrast the characteristics of interpretation and construction. Thus, I will distinguish between interpretation as a process of identifying the linguistic meaning of the legal norm and construction as a process aimed at the transformation of that linguistic meaning into legal content. Regarding the aforementioned distinction, I will conclude that interpretation is value neutral whereas construction involves the implementation of different values when offering a legal content to the interpreted norm.In the second part of the study, I will present the main situations in which the construction of legal norms is necessary, using examples of criminal law provisions to illustrate various types of construction. At the end of the study, I will relate the distinction between interpretation and construction to the methods of statutory interpretation, which will lead to the conclusion that only the literal method of interpretation constitutes a tool specific for interpretation, in a restrictive sense. The historical, logical, systematic and purposive methods are actually tools specific for construction. At the same time, I will underline that construction has the nature of a secondary process of rule creation carried out by the interpreter.
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In order to make a consistent interpretation of European Union law, in the light of the outcome of the adoption of Framework Decision 2008/675/JHA and of the interpretation given by the judgment of the Court of Justice of the European Union in Case C-171/16 Trayan Beshkov, Romanian law should interpret national law in order to give direct effect to a conviction order pronounced in a Member State of the European Union in respect of which information has been obtained on the basis of the applicable instruments available with regard to mutual legal assistance or trade information extracted from the criminal records, without going through the main or incidental recognition procedure provided by Law no. 302/2004.
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A bill of the 23rd March 2006, worked out in the Department of Justice, intends an introduction of the crime of hooliganism character to the penal code. What is it “crime of hooliganism character”? What circumstances show that it was committed a crime of hooliganism character? It should be emphasized that an institution of the act of hooliganism character isn’t new in the Polish research of the penal law. It was known to the Polish code of 1969 and currently can be found in the misdemeanor (administrative offence, delinquency) law. Since the beginning of being she gave rise to a great deal of discussion and was criticized. The revised bill includes a definition of this institution. But an analysis of the judicature and researches of the literature show, how ambiguous phenomenon is the hooliganism and how unclear are the elements of the definition of the institution of the crime of hooliganism character, which is written down in this bill. So it should be considered, if a proposed amendment to the penal code is legitimate (well-founded). It should be also considered, if an amendment to the Polish penal law is necessary. A justification of the bill raises in this scope a lot of doubts and doesn’t persuade of the rightness of the proposed amendments in the penal law.
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