Sankcje karne w uchwałach polskich synodów diecezjalnych

Author(s): Marek Saj / Language(s): Polish / Issue: 16/2018

The Code of Canon Law 1983 in the Book VI regulates the issue of legal sanctions in the Church (can. 1311–1399). We find there a catalog of crimes and sanctions for them. This is the law addressed to the whole universal Church. However, particular branches can establish their own law on the matter, through the process of specifying the universal norms. The process of specification of norms takes into consideration detailed circumstances of each particular diocese or region. The crucial role is played with regard to this matter by the diocesan synod, which is the assemble of the chosen priests and other faithful of the particular Church. They serve, with the intention of goodness of the entire diocesan community, as the support for the diocesan bishop in conducting his legal duties. Hence, the research on acts of the Polish diocesan synods that had taken place after the promulgation of the actual Code of Canon Law, with a view of the aforementioned circumstances of the criminal law, allowed to observe the place of the criminal law in the law of the particular Church. Especially, with regard to delicts to which particular synods had turned their attention.

Sankcje za naruszenie praw autorskich w kontekście wyroku Trybunału Konstytucyjnego z dnia 23 czerwca 2015 r. (SK 32/14)

Author(s): Maciej Giermak / Language(s): Polish / Issue: 4/2015

Breaching into the sphere of the exclusive rights of authors is associated with a wide range of possible civil and criminal penalties. Copyright holders have used the possibility to pursue triple of the appropriate remuneration from the perpetrator of culpable violation. Such a possibility, however, was blocked, because the Constitutional Court found in case SK 32/14 that this right is in violation with the Constitution of the Republic of Poland. This article examines complaints and concerns that can arise around aforementioned claim. The following considerations apply only to the arguments omitted by the Court in favor of existing solutions. This paper also presents proposals for solutions that can replace the previous regulation.

Saradnja graničnih policija zemalja Evropske unije - primer SR Nemačke i Poljske

Author(s): Milan Milošević,Siniša Dostić / Language(s): Serbian / Issue: 2/2009

The European Union developed effective system of border control and management, trough generally accepted integrated border management concept. This concept enables not only free movement of people and goods, but prevention organized crime, and respect high standards of protection of human rights and freedoms in the same time. The system between EU member states establish in that way needs introduction high standards of organization, authority and cooperation model of border security subjects, on its internal and external borders. In any case, Border police is one of the most significant security border subject in EU. Proceeding from that, the purpose of this work is to present standardization in organization, authority, and especially in models of bilateral cooperation using the example of function of EU border police, concretely Federal Republic of Germany, as “old EU member state” and Republic of Poland, as “new EU member state”.

SAVREMENE GLOBALNE TENDENCIJE U KONTROLI KRIMINALITETA (KARAKTERISTIKE, PERSPEKTIVE I OSVRT NA DOMAĆE PRILIKE)

Author(s): Snežana Soković / Language(s): Serbian / Issue: 2/2011

Contemporary courses in the sphere of socio-economic and political relations, are characterized by global departure from social welfare model and decrease in the public spending with regard to the enforcement of penal sanctions. It emphasizes the notions of the risk and probability and shifts the focus from the causes of criminal behaviour towards the control of behaviour and from the control of crime towards crime management. It is concerned with cost minimization and risk management through incapacitation without an aspiration to rehabilitation and re-integration of offenders. On the level of national crime control policy, consequences of those global tendencies have borne significant impact on the national sentencing policy (which is seen to getting harsher with the constantly increasing number of prisoners). Therefore, it is of great importance to understand contemporary courses in the field of social reaction to the criminal behaviour and pay attention to the experiences of those countries who managed to avoid or significantly reduce the level of ‘populist punitivness’.

SAVREMENI ORGANIZOVANI KRIMINALITET KAO OBLIK UGROŽAVANJA NACIONALNE BEZB EDNOSTI

Author(s): Stanimir Đukić / Language(s): Serbian / Issue: 09/2016

Organized crime is one of the greatest threats to modern civilization that increasingly tends to assume global significance and that threatens human survival, economy, economic and financial systems, the environment itself as well as the achievements and values of human civilization. The paper deals with some aspects of the problem of organized crime as one of the most modern non-military threats to national and international security. When it comes to threats to national security, destructive effects on all spheres of social and state life are evident. Organized crime represents not only a serious, but also a not sufficiently visible and incompletely studied social phenomenon. Starting from the actuality of organized crime as a phenomenon, the paper points to the evolution of new and threatening dimensions of modern organized crime, as well as the form of threats to national security. It also examines the effects of organized crime for citizens and national security. In addition, there is a brief review of the legislative framework, activities and results achieved by the police in the fight against this phenomenon. Organized crime as a serious form of criminal activities cannot be completely eradicated. However, through certain forms of actions, it can be reduced to a more tolerable level, with the ultimate goal to effectively combat and if possible eradicate it in areas in which it inflicts the most damage. Hazard organized crime is reflected primarily in its destructive action on the most important social values and good: democracy, rule of law, democratic institutions and a market economy.

SAVREMENI RAZVOJ POJEDNOSTAVLJENIH FORMI POSTUPANJA U KRIVIČNIM STVARIMA I EFIKASNOST KRIVIČNOG PRAVOSUĐA U BOSNI I HERCEGOVINI: DOSTIGNUĆA I PERSPEKTIVE

Author(s): Miodrag Simovic,Vladimir M. Simović,Marina M. Simović / Language(s): Serbian / Issue: 08/2016

Tendencies of modern science of criminal procedural law and solutions of modern comparative criminal procedural legislation in relation to creation of normative basis for increase of efficiency of criminal proceedings found their place in criminal procedural legislation of Bosnia and Herzegovina. Within numerous measures which are being taken with the aim of increase of efficiency of criminal proceedings, a special place belongs to simplified forms of actions in criminal matters. Suggesting simplification of procedural forms in traditional criminal proceedings has been inspired by a wish to save time, expenses and work and avoiding of formalities that look unnecessary in routine cases. Due to this, during the last few decades small interventions in criminal procedural legislation in general have been taken. In that context, system reform of criminal procedural legislation has been done both at the level of Bosnia and Herzegovina and its Entities as well as Brčko District of B&H, which has opened an entirely new approach to criminal proceedings which puts an emphasis not only on enhancing of protection of fundamental human rights and freedoms but also on efficiency of the proceedings itself. Simplified forms of actions in criminal matters in Bosnia and Herzegovina are one of the most important instruments of criminal proceedings efficiency.

Savremeno angloameričko krivično pravo i stadijumi izvršenja krivičnog dela

Author(s): Vukan Slavković / Language(s): Serbian / Issue: 2/2015

Тhroughout the history of the criminal law, in every Аnglo-Saxon jurisdiction, there were two elements of an attempt to commit crime - an intention (mens rea) and an act (actus reus). No act is indictable as an attempt, unless it is a step toward the execution of the criminal purpose and is an act directly approximating or immediately connected with the commission of the offense that the person has in mind. Аn attempt is an act of such a nature that it is itself evidence of the criminal intent with which it is done. Anglo - American criminal law, characteristically distinguishes between preparation and attempt.

Scientific Advancement in Forecasting of Administrative and Legal Threats to the Security of Economic Entities

Author(s): Leontiy G. CHISTOKLETOV,Rostislav Sopilnyk,Lyubomyr Sopilnyk,Valeriy V. SHISHKO,Oleksandra L. KHITRA / Language(s): English / Issue: 37/2018

The article is devoted to the problems of forecasting administrative and legal threats to the security of economic entities as a separate field of scientific research. The attention is focused on the essence and features of legal forecasting, the characters of the cause of administrative and legal threats to the security of economic entities and their essence. On the basis of the analysis of the most famous nowadays proposals concerning the phases of legal forecasting, the model of the stage of forecasting of administrative and legal threats to the security of economic entities is proposed. It was noted that the resolution of the above problem in Ukraine was not investigated sufficiently. That proves the relevance of the research direction and predetermines the need for further studies in this field.

Scurte consideraţii de drept comparat privind individualizarea judiciară a pedepsei

Author(s): Andreea Cîrciumaru / Language(s): Romanian / Issue: 2/2015

We intend to analyze briefly the provisions relating to the sentencing rules from the legal systems of some European countries and those of the Canadian law and the United States, in order to create a general overview of the field. The broadest discretionary powers are granted by the law to the judges in the Netherlands, given that the criminal justice system of this country does not provide for a special maximum applicable to different offenses and there is in the penal code no case to require the judge a minimum penalty below which he cannot descend. The other continental legal systems have proven quite similar to the Romanian one, knowing the same forms of individualization of penalties and giving the same degree of freedom of action to the judge in the operation of determining the concrete applicable sanction.

Scurte consideraţii despre conflictul dintre aplicarea principiului legalităţii şi principiului non reformatio în pejus

Author(s): Maria-Georgiana Teodorescu,Alin-Sorin Nicolescu / Language(s): Romanian / Issue: IV/2016

This article analyzes the hypothesis of a conflict of interests occurring between the two mentioned principles: the legality principle and the non reformatio in pejus principle. Which solution should be required if the means of appeal exclusively stated by the civil party is litigated (both regarding the criminal action, and the civil action), and the prescription deadline of the criminal liability is met during the appeal?

SCURTE CONSIDERAȚII PRIVIND DETENȚIUNEA PE VIAȚĂ

Author(s): Marius Eugen Radu / Language(s): Romanian / Issue: 20/2014

Life imprisonment is a main penalty is the most severe punishment and the current penal legislation. It consists of the convict confinement for the rest of his life. Life imprisonment is deprivation of liberty, but as temporary prison but perpetuity. This type of punishment establish general precautionary principle as a way of removing negative effects on interpersonal relationships and relationships, the only purpose of sanctioning the seriousness of the offenses committed convict. But in these conditions the law protects the convicted person (the heavy work being executed under the law), by granting special rights conditions on the visit, correspondence, receiving packages and incentives.

Scurte consideraţii referitoare la aplicarea principiului Ne bis in idem

Author(s): Georgian Toma / Language(s): Romanian / Issue: IV/2016

According to the NCPP, the general principle of ne bis in idem law is one of the fundamental principles of the criminal process.The national courts, as well as the CJEU, have illustrated in the decisions that this principle has pronounced, along with other aspects concerning the character of the solutions pronounced by the prosecutor, the (non) definitive character of the solutions pronounced by the courts, the crime contest, reporting directly to the existing factual situation.

Scurte considerații teoretice și practice privind infracțiunea de evaziune fiscală prevăzută de art. 9 din Legea nr. 241/2005

Author(s): Mihai Guran / Language(s): English,Romanian / Issue: 2/2019

This article intends to reveal and analyse the recent case law of the High Court of Cassation and Justice in order to ensure a consistent judicial practice in the matter of tax evasion, provided by art. 9 of Law no. 241/2005 for the prevention and combating of tax evasion. At the same time, the article aims to draw attention on the case law of the Court of Justice of the European Union in the field of tax fraud and the possible practical application of the principles that emerge from the judgments given by the European court, in criminal cases having as their object tax evasion offenses.

Searching for the Roots. Vis vi depulsa in the concept of Cicero

Author(s): Anna Tarwacka / Language(s): English / Issue: 1/2012

The jurist Cassius is believed to be the author of the brocard Vim vi repellere licet . However, in Cicero’s speeches the are many fragments concerning repelling force by force. It therefore seems that it might have been him who had first made the rule common, maybe as vim vi depellere licet. The context in which the orator placed it, implied restoring order in the state, in which violence ruled. Cicero claimed that – in order for the law to prevail – it was first necessary to fight force with force. Only later was the rule transferred by the jurist into private law.

Sechestrul asigurător asupra bunurilor unor terţe persoane şi afectarea acestora, prin decizie definitivă, în garantarea măsurii confiscării speciale de la inculpat

Author(s): Maria Carolina Niţă / Language(s): Romanian / Issue: IV/2016

The measure of legal sequestration of property of third parties, imposed during judicial investigations is temporary, pending a final decision. Courts are required to finalize through decision precautionary measures ordered either by pronouncing an order of confiscation of the property seized/stopped or, where appropriate, through the lifting of the unavailability measures. But in recent practice, we find solutions whereby property of third parties, subject to legal sequestration during criminal proceedings and considered by the judge to originate from the offence under investigation, without being subjected to the confiscation, are kept under sequestration also after the sentence was pronounced. Special seizure is operated in this case, through equivalent to the defendant only, while the goods are intended to ensure that confiscation. This study aims to examine the legality of such decisions and the legal means through which goods seized from third parties could be capitalized to ensure the effectiveness of guarantee measures ordered by final criminal judgement.

Security, Accommodation and Integration: The “Law of the Land” and Jewish Privileges in Old Poland

Author(s): Anat Vaturi / Language(s): English / Issue: 38/2016

The article discusses royal privileges granted to the Jews in Old Poland and examines the jurisdiction over Jews from the new perspective of relations with Polish customary law—“Law of the Land.” More precisely, it analyzes the content and procedures of the clauses guaranteeing Jewish physical security and shows their connection with land law and the practice of district courts, a connection that contributed to the incorporation of the Jews into the Polish legal system and practice.

Seizure or taxation of illegal income – example of drug trafficking

Author(s): Radosav Risimović / Language(s): English / Issue: 4/2017

The criminal offence of tax evasion is most frequently perpetrated by giving false data on the acquired income and failure to report acquired incomes, as defined in our criminal legislation. A linguistic analysis of the Criminal Code provision which defines this offence can lead to a conclusion that the income subject to taxation can be obtained either lawfully or unlawfully since the legislator does not take a stand regarding this issue. Namely, the 2016 amendments to the Criminal Code deleted the term ‘legal’ from the legal description of the criminal offence of tax evasion. However, this does not mean that the incomes acquired unlawfully can be subject to taxation, as the paper elaborates in detail. The author explores jurisprudence regarding the imposition of the security measure of the seizure of objects and the measure of seizure material gains in criminal matters related to the criminal offence of illegal production and circulation of narcotic as per Article 246 of the CC. In this way, we shall establish whether these measures are effectively implemented and whether they allow for seizing the incomes obtained from drug trafficking. A portion of this paper will be dedicated to the reasons for and against taxation of illegally obtained revenues. In addressing this problem, the author shall rely on the US practice, wherein proceeds from unlawful sources are subject to taxation.

Seksualno zlostavljanje žena i eksploatacija dece od strane mirovnih snaga

Slučaj Bosne i Hercegovine i Demokratske Republike Kongo

Author(s): Olivera Simić / Language(s): Serbian / Publication Year: 2013

Selected Essays (1) by Young Authors

Author(s): Selma Dolovac,Višnja Baćanović,Taufik Abul Suud,Andreja Vražalić,Emina Grbo,István Farkas,Tijana Milošević,Abida Ganić,Saša Đošić,Emilija Cicić,Jovana Radojević,Dejan Pataki,Jelena Mirkov,Marija Živanović,Ivan Dobrić,Tijana Vladisavljević,Bojan Petrović,Erna Oklapi,Radmila Krstić / Language(s): English / Publication Year: 2004

This is the first collection of selected essays by the authors who attended the courses and seminars the Helsinki Committee for Human Rights in Serbia organized in 2004. Within the three-year project “Building up Democracy and Good Governance in Multiethnic Communities” that is being implemented with the assistance of the European Union, twelve 5-day “schools of democracy” and eight 3-day seminars under the common title “Life and Living in Multiethnic Environments” were held in 2004 in Belgrade, Novi Sad, Kragujevac and Novi Pazar. Over 500 trainees attended these courses and seminars. The project is aimed at capacitating young people – by the means of attractive and interactive courses of training – not only for a life in multiethnic communities that are particularly burdened with the adverse experience of the recent past, mutual distrust and stereotypes, but also for a life in the conditions that mark a modern democracy and reflect its standards. An objective as such implies, among other things, rational perception of notions, developments and trends that are in Serbia still blurred, marginalized and subject to relativism or, moreover, to various and even misguiding interpretations. The Helsinki Committee’s experience testifies this is all about a process that takes time but is worthy of effort – the more so since young people, as evidenced by the selected writings as well, fully perceive it as an imperative need of their own.

Selecting the Most Optimal Conditions for the Polygraph Examination

Author(s): Vitas Saldžiūnas,Aleksandras Kovalenka / Language(s): English / Issue: 2 (32)/2015