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Vështrim Sociologjik mbi Trafikimin e Grave dhe Adoleshentëve në Shqipëri

Vështrim Sociologjik mbi Trafikimin e Grave dhe Adoleshentëve në Shqipëri

Author(s): Lekë Sokoli,Ilir Gëdeshi / Language(s): Albanian / Issue: 3/2007

Nga 23 vajza të jetimores së Korçës, 15 prej tyre janë trafikuar. Disa janë bërë nëna dhe ende vazhdojnë të (ri)trafikohen. Ndër 245 vajza të trafikuara, por të riatdhesuara, 87 prej tyre (pra 35.5 për qind) janë adoleshente të grupmoshës 13-18 vjeç. Edhe pjesa tjetër është trafikuar për herë të parë kur ka qenë brenda kësaj grupmoshe dhe përgjithësisht kanë përsëritur ciklin e trafikimit disa herë (CRCA, 2003; Vatra, 2002) . Sipas të dhënave zyrtare, që u referohen denoncimeve të familjarëve, mbi 600 femra shqiptare ende quhen të zhdukura.

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Vymožite nos nemajetkovej Ujmy v Dôsledku Usmrtenia pri dopravnej Nehode

Vymožite nos nemajetkovej Ujmy v Dôsledku Usmrtenia pri dopravnej Nehode

Author(s): Juraj Ferenčík / Language(s): Slovak / Issue: 1/2014

The article maps as a form of non-pecuniary damage and damage as a. result of the reckless homicide a. natural per-son in a. car accident in the context of the Slovak legal system, compared directly with the legislation in the Czech Re-public. Post include also judgments of Slovak courts, the fundamental judgement of Court of Justice of European Un-ion in the case of non-pecuniary damage. e article develops individual institutes, figuring at reckless homicide as a result of irregularities with an emphasis on claims for non-pecuniary compensation for bereaved persons.

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Vyšetřování pojistných podvodůa jejich prokazování pracovníky pojišťoven

Vyšetřování pojistných podvodůa jejich prokazování pracovníky pojišťoven

Author(s): Vlastimil Pršal,Václav Kučera / Language(s): Czech / Issue: 1/2017

Criminal offence of the insurance fraud is always aimed against the property of legal per-sons (insurers), therefore we can presume a partial latency of the criminal offences that cannot be accurately estimated. Both of the Criminal Police and specialized departments of insurance companies are engaged in detection of this kind of criminal offence. Incentives to insurance fraud investigation are obtained by police from insurance company representatives and from their own operational activity. While detecting litigious loss occurrence the insurance companies use predictive detection methods, especially screening of subjects (client, insurance agent, etc.). The software tools as a special statistic modelling algorithms based on evaluation of historical data and reporting service that automatically report activity of monitored subjects are used. Proving insurance fraud is a complex process, however it can be said that the insured event is fraudulent event in the case that fraudulent conduct applies only to the portion of a raised claim.

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Vytautas Landsbergis, Lithuania - Speech at the Conference “Crimes of the Communist Regimes”, Given on 25 February 2010, Prague

Vytautas Landsbergis, Lithuania - Speech at the Conference “Crimes of the Communist Regimes”, Given on 25 February 2010, Prague

Author(s): Vytautas Landsbergis / Language(s): English / Publication Year: 0

Ladies and Gentlemen, allow me first to say some remarks on war crimes. The most terrible war crime is the war itself. More precisely, somebody’s initiated war of deliberate destruction and conquest, usually based on conspiracy and betrayal of the given international commitments, without regard for the caused human suffering – this is the war crime Number one. If there is no war, where would war crimes come from? The state – initiator and conqueror – comes there as a perpetrator responsible for its deeds. Sometimes all this, as well as the situation of crime, are fixed immediately, in flagranti. Both initiators of the Second World War were excluded or kicked out of the League of Nations as aggressors and blood-spotted robbers of their smaller neighbours. Th en it was clear: the condemned and politically punished states were Germany and the USSR, not the “regimes” or ideologies, to remind of the usual misty self-deception and self-confusion of nowadays. The common starting point for both in 1939 was Poland and Finland, with Baltic States still anticipating their execution. Just before that latter happened, the looters or marauders were in advance bargaining for the forthcoming conquest of the neighbouring lands.

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Využití algoritmů při profilování v trestním řízení a důsledky pro lidská práva

Využití algoritmů při profilování v trestním řízení a důsledky pro lidská práva

Author(s): Eva Fialová / Language(s): Czech / Issue: 2/2018

Algorithms are replacing activities that have previously been performed by humans. One of these activities is judicial decision making based on algorithms. It is generally assumed that algorithmic decision making, as opposed to the human decision making, is free from prejudice and bias. This assumption is problematic in two ways. Firstly, the algorithm decides according to pre-specified criteria and values. These values are chosen by humans who may include among the predefined criteria the criteria that correspond to their prejudices and preconceptions. Secondly, some algorithms may have their own learning ability, which means that the generated results are adapted to the previous ones to which were given preference in the past. The users may have the possibility to choose precedents that correspond with their point of view, which may be based on prejudice. In the United States and also in some European countries an algorithm is already being used by courts to assess whether or not it is likely that the accused (or condemned) will commit another crime in the future. The judge does not decide based on the circumstances of the case and individual characteristics of the accused. The judge decides instead on the basis of a profile. The profiles are based on personal data of the offender. Some of those data have a character of biometric data. The algorithmic decision making based on profiling raises concerns about the rights of the accused in the judicial proceedings, namely the prohibition of discrimination and the right to a fair trial.

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W kierunku kodyfikacji administracyjnego prawa materialnego

W kierunku kodyfikacji administracyjnego prawa materialnego

Author(s): Tomasz Bąkowski / Language(s): Polish / Issue: XXXI/2014

A code is recognized as the most complete form of organizing and systematizing the various areas of law. One of the primary purposes of a code is to gather regulations concerning the sphere of a particular social relations, which are disseminated in various legal acts, in one place. The unquestionable position of codes in the legal system refers primarily to the long tradition of the codification of private law and criminal law. The situation is different in case of administrative law. Obstacles to codify this branch of law are perceived in the large diversity of its subject and sensitivity to change unprecedented in private law. Nevertheless, the works on the codification of the so-called general administrative law,organizational administrative law and specific areas of administrative law are carried out for many years. However, the attempts to establish the general rules of administrative law were accompanied by many doubts. The proposals concerning these rules are still at the stage of doctrinal discussion and questions. The works on the draft of the Code of Construction Law, undertaken at the end of 2012, can be considered as a turn to the ,,staged codification” of administrative law. The systematic increase of administrative regulations,which can be observed for a long time, forces the consolidation within the specific areas subject to legal regulations. A visible tendency to clarify and embrace more and more areas of public life by public law regulations certainly requires consolidation too. Otherwise, the high degree of the dispersion of normative content will move away these regulations from the standards shaped by the fundamental constitutional principles, including in particular the rule of law and its extensions: legitimate expectation and legal certainty.

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W poszukiwaniu skutecznych metod resocjalizacji sprawców pozbawionych wolności na przykładzie Stanów Zjednoczonych Ameryki

W poszukiwaniu skutecznych metod resocjalizacji sprawców pozbawionych wolności na przykładzie Stanów Zjednoczonych Ameryki

Author(s): Małgorzata Szwejkowska / Language(s): Polish / Issue: XL/2018

In its introduction, the article characterises - in a most comprehensible way - themain objectives of criminal sanctions and their role in preventing crime, according tothe most commonly expressed opinions on the subject from American scholars. It isfollowed by a brief history of assessing the risk of committing an offence in the UnitedStates in recent decades. The risk assessment process was developed before World WarII as a tool to predict possible recidivism in the case of inmates released on parole, butit has been in more common use since 1980s. While the “What works?” movementinitially emerged in the United States, one needs to remember the publication of Robert Martinso’s report that created the “Nothing works” (concerning prison rehabilitation)doctrine. It aided the justification of severe changes in punitive prison policies inthe 1970s that continued well into the 1990s, with the slogans “tough on crime, toughon the causes of crime” being more prominent. It took more than a decade to reestablishsome hope in prison rehabilitation programmes and allow the paradigm shiftsto happen – from the retribution “being tough on offenders” policy to more creativeapproaches towards offenders. By constructive approaches to working with offenders,one means the use of effective methods and techniques to alter criminal behaviourof inmates to prevent their possible relapse into crime (crime prevention).The main goal of the article is to present the most fundamental system in the UScriminal justice system that is most commonly applied nowadays: the Risk-Need-Responsivity (RNR) model and its principles to offender assessment. The aforementionedprinciples were laid down by Canadian scholars, Donald Arthur Andrews andJames Bonta. In that model, “risk” means the identification of specific factors thatare associated with recidivism (in general, depending on a specific crime, e.g. sexualoffenders or offenders who committed violent crimes). Andrews and Bonta argue thata number of factors need to be considered in any comprehensive theory of criminalbehaviour, including biological or neurological issues, inheritance, temperamentand social and cultural factors, while also noting that criminal behaviour is a multifactorialissue. “Need” assesses criminogenic needs and targets them in prison treatmentprogrammes for elimination, while “responsivity” intends to maximise the offender’sability to learn how to combat possible recidivism through rehabilitative intervention,providing cognitive behavioural treatment – with the said intervention being tailoredto the learning style, motivation, abilities and strengths of the offender.Risk assessment is applied during different stages of the criminal procedure: beforesentencing and during the period of time when the criminal sanction is executed, i.e.while serving a custodial sentence. It must be noted that, in the US justice system, judgesare not the only people obliged to assess the potential risk of an offender relapsinginto crime in the future. Prison officers are also tasked with such assessment. Throughthe application of the RNR model, it is possible for the prison staff to divide inmatesinto specific groups, depending on security levels and adequate treatment programmes.In that case, the assessment tools based on the RNR model not only allow a predictionof a possible relapse into crime, but also a proper allocation of convicts to rehabilitationprogrammes provided within prisons. A convict undergoes an evaluation before andafter the treatment. Such evaluations are imposed on most prisoners, so performingthem does have an impact on the financial and human resources of a given penitentiaryunit.The most important question, “What works in prison?” is answered by the majorityof scholars through propositions of providing cognitive and behavioural skill programmesto the convicts. They have clear criteria to ensure that objectives, methods andapplication of rehabilitation programmes correspond with the needs of criminaloffenders. The conclusion of the research is meant to prove that providing offenders with such treatment (based upon the RNR model) may have a positive effect on re -ducing the risk of relapse into crime in the future. However, the appropriate methodsof treatment are based not only on psychotherapy (or, sometimes, on pharmacologicaltreatment), but also on education, vocational training, personal development, strengtheningself-control mechanisms and improving interpersonal skills.

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W sprawie zakresu odpowiedzialności prawnej prezesa Najwyższej Izby Kontroli

W sprawie zakresu odpowiedzialności prawnej prezesa Najwyższej Izby Kontroli

Author(s): Marek Chmaj,Tomasz Czech,Przemysław Sadłoń,Anna Młynarska-Sobaczewska,Wojciech Orłowski,Andrzej Szmyt,Sławomir Steinborn,Andrzej Bisztyga,Sabina Grabowska / Language(s): Polish / Issue: 6/2015

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W. Wróbel, A. Zoll, Polskie prawo karne. Część ogólna. Podręcznik, Wydawnictwo „Znak”, Kraków 2011 – Recenzja ważnego fragmentu

W. Wróbel, A. Zoll, Polskie prawo karne. Część ogólna. Podręcznik, Wydawnictwo „Znak”, Kraków 2011 – Recenzja ważnego fragmentu

Author(s): Jan Widacki / Language(s): Polish / Issue: 1/2012

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Wacław Makowski o radzieckim prawie karnym

Wacław Makowski o radzieckim prawie karnym

Author(s): Mariusz Mohyluk / Language(s): Polish / Issue: 1/2009

Wacław Makowski (1880–1942) was an outstanding Polish politician, lawyer and scientist. He was one of the authors of the 1932 criminal code and of Polish constitution of 1935 (so called April Constitution). His scientific interests included also Soviet penal law. He wrote the preface to Soviet Penal Code of 1927 (Kodeks karny Rosji Sowieckiej 1927, Warszawa 1928). His critical remarks on Soviet penal law, although not very spacious, are important, because he questioned common opinion in the scientific Western world about this law. He criticized opinion that Soviet penal law was based on views of the Italian school of positive law. He started the discussion on Soviet penal law in Polish jurisprudence. This discussion seemed to be very interesting, but it was interrupted by the outbreak of World War II.

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Wadliwe opinie biegłych jako przyczyna pomyłek sądowych w polskim procesie karnym. Sygnalizacje możliwości naprawczych

Wadliwe opinie biegłych jako przyczyna pomyłek sądowych w polskim procesie karnym. Sygnalizacje możliwości naprawczych

Author(s): Aleksandra Szaplonczay / Language(s): Polish / Issue: 1/2019

The author of the article attempts to organize and summarize the postulates put forward by the representatives of the doctrine regarding necessary reforms of the currently applicable model of functioning court expert witnesses in Poland. First of all, the article points out problems related to the appointment of expert witnesses, lack of mechanisms of controlling and evaluating them. In particular, the negative consequences of the current lack of appropriate legal regulations were highlighted – ie the risk of restricting the right of parties to a fair trial by admitting evidence from a flawed expert opinion and acknowledging it as a reliable evidence, which in the case of criminal proceedings may lead to conviction for an innocent crime. The next part of the article presents reflections on possible solutions to the problem, including corrective methods, on the example of solutions functioning successfully in Great Britain.

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WAIVER OF PENALTY AND DELAY OF PENALTY. METHODS FOR THE INDIVIDUALISATION OF THE PENALTY

WAIVER OF PENALTY AND DELAY OF PENALTY. METHODS FOR THE INDIVIDUALISATION OF THE PENALTY

Author(s): Alexandru Boroi / Language(s): English / Issue: VII/2013

The social reintegration of the offender by certain means alternative to the execution of the penalty is subject to the evaluation of the latter’s conduct during the criminal trial, and of the latter’s attitude towards justice.Therefore two new institutions were regulated, namely the waiver of penalty and the delay of penalty, which were designed taking into account the severity of the crime committed, the dangerousness of the offender, the degree of intervention for the correction of the convict and the consequences thereof.

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Waiver of the punishment and prosecution

Waiver of the punishment and prosecution

Author(s): Alexandru Boroi,Georgian Toma / Language(s): English / Issue: VII/2019

By means of the adoption and entry into force of the penal Code and criminal Procedure on 1 February 2014, the legislature sought to meet the requirements for the creation of a modern criminal liability framework.The waiver of punishment appears as an element of novelty, through which the court may sanction offences denoting a low degree of danger.The waiver of prosecution is the solution which may be ordered by the prosecutor when he considers that the defendant is not justified.The waiver of the punishment and the waiver of prosecution carry a number of common characteristics and several distinct traits that give rise to serious controversy over the framework in which these solutions can be arranged by Court and the prosecutor.

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WAIVING THE CRIMINAL PROSECUTION ACCORDING TO THE DECISION OF THE CONSTITUTIONAL COURT NO. 23/2016

WAIVING THE CRIMINAL PROSECUTION ACCORDING TO THE DECISION OF THE CONSTITUTIONAL COURT NO. 23/2016

Author(s): Ion Rusu / Language(s): English / Issue: 2/2019

In the present paper we have examined the institution of waiving the criminal prosecution, as provided in the current law, a text which was modified after the publication of the Decision of the Constitutional Court no. 23/2016. We also considered the formulation of critical opinions regarding the possible existence of other elements of unconstitutionality in the text in force. A very important aspect is the notification of the absence in the text, of some provisions that condition the application of the institution on the need to repair the prejudice caused to the victim. The paper can be useful to students and master students of the country's faculties, as well as practitioners in the field. Also,the work can be useful to the legislator for operating some changes in the current content of the text that regulates this institution.

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Warsztaty dla więźniów skrajnie długoterminowych – prawo do drugiej szansy dla skazanych i pierwsze kroki dla studentów

Warsztaty dla więźniów skrajnie długoterminowych – prawo do drugiej szansy dla skazanych i pierwsze kroki dla studentów

Author(s): Joanna Klimczak,Małgorzata Kłapeć / Language(s): Polish / Issue: 24/2017

Paper discusses the project „Prisoners extremely long-term sentenced - the right to a second chance” conducted at the Institute of Social Prevention and Resocialization of the University of Warsaw in 2014–2016. The program was targeted at prisoners who were sentenced for 25 years in prison or life imprisonment. On the other hand, it was also aimed at students. They took part in prison workshops organized by the authors of the project. In this way, students had the opportunity to get to know the prison institution and work with prisoners. The implementation of the project clearly showed that cooperation between the academic environment and the Prison Service is not only possible but also very important.

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Warto być kryminologiem

Warto być kryminologiem

Author(s): Monika Kotowska,Piotr Chlebowicz / Language(s): Polish / Issue: 25/2018

Professor Jerzy Sarnecki was born in 1947 in Warsaw, Poland. Sarnecki came to Sweden in 1968, where he earned a PhD in sociology at Stockholm University. His all scientific path is connected with criminology Professor Jerzy Sarnecki is a regular commentator in media on the subject of crime. At the request of Monika Kotowska and Piotr Chlebowicz, he shared with them reflections on the problems of contemporary science, crime and his professional path.

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Warunek wykonalności zachowania się człowieka stawiany normowanemu przez prawo zachowaniu jako konsekwencja konstytucyjnej zasady proporcjonalności

Warunek wykonalności zachowania się człowieka stawiany normowanemu przez prawo zachowaniu jako konsekwencja konstytucyjnej zasady proporcjonalności

Author(s): Buczek Łukasz / Language(s): Polish / Issue: 3/2018

The aim of this study was to demonstrate that the doctrinal approval of the condition of the feasibility of human behavior, set by the behavior prescribed by law is, unaware of the doctrine, consequence of the constitutional principle of proportionality. Since non-regula ius sumatur, sed ex iure quod est regula fiat (Latin: rules do not form law, but derive from it), then it is impossible to approve the consequences of paremii ad impossibilia nemo obligatur (Latin: no one is obliged to do anything impossible) – which underlies the condition that is the subject of this study – if the legal system cannot find its normative basis.

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Warunkowe zawieszenie wykonania kary w świetle wypowiedzi praktyków wymiaru sprawiedliwości

Author(s): Kamil Mamak,Wojciech Płóciennik,Daria Kucyper / Language(s): Polish / Issue: 2/2017

Warunkowe zawieszenie wykonania kary pozbawienia wolności to jedna z instytucji prawa karnego o największym praktycznym znaczeniu dla obrazu polskiego wymiaru sprawiedliwości. W ostatnich latach – na skutek nowelizacji z 1 lipca 2015 r., jak i kolejnych zmian – jej systemowa pozycja ulegała zmianie. W artykule przedstawione są wyniki ankiet przeprowadzonych wśród praktyków wymiaru sprawiedliwości. Zostali oni zapytani o szereg szczegółowych kwestii związanych zarówno z ideą instytucji warunkowego zawieszenia kary, jak i konkretnych regulacji, które weszły w życie na skutek niedawnych nowelizacji. Conditional suspension of the enforcement of the imposed penalty is one of the institutions of criminal law with the greatest practical significance for the image of the Polish judiciary. In recent years - as a result of the amendment of July 1, 2015, as well as subsequent changes – position of this institution in system of law has changed. This article presents the results of the survey research conducted among practitioners of justice. They were asked about a number of specific issues related both to the idea of conditional suspension of the enforcement of the imposed penalty, and to the specific regulations that came into force as a result of recent amendments.

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WATER CRIMES – A CONTEMPORARY (SECURITY) ISSUE

WATER CRIMES – A CONTEMPORARY (SECURITY) ISSUE

Author(s): Katja Eman / Language(s): English / Issue: 1/2016

A scarcity of clean drinking water resources is becoming one of the crucial problems of the 21st Century. Human race is dependent on water, because we not only drink it and need it for our survival, but it is also used for energy production, in the industrial production and in farming. Nowadays, despite the fact that we are living on a ‘blue planet’, the amounts of freshwater is decreasing, therefore its preservation is so much more important. What is more, any form of pollution or theft or other illegal activity against the water resources is thereby so much serious form of crime. In case of any violation of water protection legislation we talk about crimes against water. The purpose of this paper is to discuss about water crimes as a contemporary (security) issue and to focus on the situation in Slovenia and compare it with the situation in Serbia. Both countries are very rich with water resources and therefore possible targets of foreign (beverage) companies that need water for their functioning. In the conclusion the most important findings about the jeopardized drinking water resources with it related challenges are discussed.

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WATER INFESTATION AS A CRIME UNDER ROMANIAN LAW

WATER INFESTATION AS A CRIME UNDER ROMANIAN LAW

Author(s): Sorin - Alexandru Vernea / Language(s): English / Issue: 2/2018

The purpose of this paper is to highlight the main theoretical issues concerning the enforcement of art.356 of the Romanian Criminal Code, in regard to the protection granted by several special regulations that protect water resources. In order to establish a frame for the content of this article, its structure shall be divided into four parts. The first part will consist of an introduction, in order to establish the importance of this subject and its actual status in Criminal Law literature. The second part will represent the first half of the paper content and will consist of a special criminal law approach to the provisions of art.356 of the Romanian Criminal Code, most importantly pointing out its constitutive content. The third part, namely the second half of the paper content, will refer to specific provisions found in art.92 of Law no.107/25.09.1996, namely The Water Law or in art.98, paragraph 4, let.b of Government Emergency Ordinance no.195/22.12.2005, regarding the protection of the environment and finally in art.49 of Law no.17/07.08.1990, regarding the Regime of interior maritime waters, of the territorial sea, of the contiguous zone and of the exclusive economic zone of Romania, and their relations with the provisions of art.356 of the Romanian Criminal Code. The fourth and final part will consist of brief conclusions as resulting from the content of this article, respectively the actual configuration of water protection, by Romanian Criminal Law provisions today, with a de lege ferenda proposal.

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