ANATOMIJA JEDNOG SUDSKOG PROCESA
Prikaz knjige: Nevenka Tromp, Smrt u Hagu - nedovršeno suđenje Slobodanu Miloševiću, University press, Sarajevo, 2019. str. 375
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Prikaz knjige: Nevenka Tromp, Smrt u Hagu - nedovršeno suđenje Slobodanu Miloševiću, University press, Sarajevo, 2019. str. 375
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The article is devoted to the study of certain aspects of the police performance assessment in Ukraine and the Slovak Republic as subjects of combating financial and economic crimes. It is determined that the expediency of studying this issue is determined by the high level of financial and economic crimes in Ukraine and the Slovak Republic. It was insisted that the assessment of the police activity in Ukraine and the Slovak Republic is carried out mainly on the basis of quantitative criteria. In view of possible fraud with the statistical data that is the basis of the report of the police authorities of Ukraine and the Slovak Republic, it is proposed to consolidate such a criterion for assessing of the police activity as a level of latent crimes. Among the qualitative criteria for assessing the police activity in Ukraine and the Slovak Republic, public trust has been highlighted, but it was concluded that its definition should be carried out by an independent sociological service. It is grounded that the implementation of these proposals will have a positive impact on the police activity in Ukraine and the Slovak Republic in the area of combating financial and economic offenses.
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In the first issue of the Bratislava Law Review magazine for 2018, our article addressed the problem of legal regulation of relations related to the crypto sphere “Failure to repatiate funds in foreign currency from abroad and modern issues of currency regulation” was published. In December 2017, Bitcoin predicted the cost of $ 40 – $ 100 thousand. However, in 2018, the situation changed-the Bitcoin exchange rate began to lose from $ 0.5 to $ 1 thousand per day, and its market capitalization fell to $ 70 billion. The crisis of the crypto market has affected not only the capitalization of cryptocurrencies, but also the issues of legal regulation of relations associated with its use. Currently, only three countries – Sweden, the Netherlands and Japan – recognize cryptocurrency as a legal means of payment. In Spain, the cryptocurrency is classified as an electronic means of payment only in relation to the gaming business. The legislation of Germany, as well as Finland, allows to classify cryptocurrencies as financial instruments. In China, Singapore and Norway cryptocurrency is considered as a financial asset in the US – as property, i.e. developed countries are in no hurry to equate cryptocurrency to means of payment.
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The application of thermal imaging cameras in crime detection has raised the question of the legality of their use, as well as the procedural value of thus obtained information. With regard to these questions, the standpoint of the U.S. court practice has shown diametrically opposite views. The earlier U.S. courts rulings took the position that the application of thermal imaging cameras was not subject to the fulfillment of any particular conditions and that it was encompassed by police discretionary decisions. The position of later rulings was that the application of new technologies, including thermal imaging cameras, was subject to basic conditions required for searching, i.e. mandatory obtaining of the court order with the purpose of protecting the right to privacy. As the application of thermal imaging cameras in the Republic of Serbia is prescribed neither by laws nor by by-laws, it could be governed by general regulations on the use of technical means in implementing operational tactical measures and actions, as well as gathering of evidence. Therefore, thermal imaging cameras might be used in police actions, such as police observation, covert surveillance and recording. In the course of covert surveillance and recording, as part of the evidence gathering process, the use of thermal imaging cameras would be regulated by the same conditions by which the undertaken actions are regulated. Since the possibility of the application of thermal imaging cameras while performing police observation is not explicitly provided for, dilemmas with regard to their use still remain, as well as the issues concerning their procedural value.
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Discrimination against persons with disabilities is a widespread social phenomenon. In recent years, Serbia has successfully completed its normative framework by adopting a number of laws in the field of protection against discrimination (Act on Prevention of Discrimination against Persons with Disabilities, Act on Prohibition of Discrimination, Act on Professional Rehabilitation and Employment of Persons with Disabilities). Civil law protection and compensation for pecuniary and non-pecuniary damage are the most common forms of protection against discrimination. In addition to civil protection, the legal order of the Republic of Serbia also prescribes criminal law protection against discrimination. The aim of the paper is to investigate, by means of a specially designed questionnaire, the degree of awareness of persons with disabilities of the mechanisms of criminal law protection against discrimination. Being aware of one’s rights and how to protect them is a prerequisite for successful implementation of legal solutions. The results of the research show that persons with disabilities in Serbia are insufficiently informed about the available mechanisms for criminal justice protection against discrimination. As a result, there is a very small number of completed criminal proceedings in this field, which is one of the reasons for the unfavorable social and legal position of this vulnerable social group in Serbia.
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From a theoretical point of view, this paper considers the evidentiary action of recognizing the voice of the perpetrator by the witness. It is the identification of the voice by a person who is usually an "unprofessional listener". Due to the specificity of the voice as an object of recognition, the involvement of forensics (linguists and phoneticians) in the organization and immediate realization of the voice recognition action seems inevitable. Their activity would be manifested in giving guidance to the authority on how to increase the efficiency of voice identification and the accuracy of witness testimony. The witness gives evidence based on his perceptual (auditory) abilities in a procedure prescribed by the law, in which the credibility of his/her testimony is simultaneously checked and assessed. The Criminal Procedure Code of the Republic of Serbia establishes the legal framework for taking the voice recognition action, while the content of performing the direct recognition action is determined by the criminal-tactical rules.
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The authors seek to highlight the modernity of studying various issues in criminology and their inter-relatedness to the fields of social sciences and humanities in general, such as sociology, criminology, security, and all deal-related, often opportunistic, "Interlaced" phenomena. Related issues have been studying the relevant safety facts and science that are incorporated in them, not mutually exclusive items related observation, rather than grouping them in one goal - preventing social negative social phenomena. The authors give special attention to the determining of the concept of a political crime, and terrorism. Crime, delinquency - occurs whenever a gain of three quintessential elements of their existence: the victim, the offender and the place of execution. Accordingly, the basis for the philosophy of prevention consists in disrupting or disabling synergies of these three elements. While the idea of crime prevention may be an unattainable ideal, a lot can still be done in an efficient process minimizing the occurrence of crime.
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Cicero interpreted the Stoic term ἁμάρτημα, used already by Aristotle, as a “crime”, thus coming to a seeming paradox of equality of all crimes, when explaining the Stoic claim of all ἁμαρτήματα being equal. However, should the term refer rather to illegality or “guilt”, all quotes become much less paradoxical. This seems even more appropriate in the context of responsibility for “killing one’ s father” mentioned in Stoic (and Aristotle’ s) treatises.
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This article compares the European Union and the United States with respect to competition law and enforcement practices as it pertains to agreements among competitors in a market (horizontal) and agreements among firms in a supply chain (vertical). Regarding horizontal agreements, the primary difference in the law is the ability of the competition authority to bring a criminal case in the U.S. and a more subtle difference is the presence of concerted practices in the EU. Enforcement differs in the far more active role of private litigation in the U.S. The differences are greater when one turns to vertical agreements. Though the EU provides safe harbors for vertical agreements, something which is absent in the U.S., it is abundantly clear that the U.S.is more lenient in the law and in enforcement. Also provided is a discussion of some recent departures between the U.S. and EU.
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Risk assessment is one of the main areas of interest of experts dedicated to the analysis of offenders convicted to imprisonment. After theoretical assumptions, consideration of the Risk Assessment Questionnaire and relevant research in this area, we present results of an empirical study conducted in PCI Sremska Mitrovica, on a sample of 150 offenders released between 2016 and 2018. The basic hypotheses were: (1) most offenders are primarily classified into closed wards; (2) most offenders advance during the treatment into a more favorable category, and (3) those who have advanced are paroled. The hypotheses are analysed from the aspect of estimated risk based on Risk Assessment Questionnaire and being in a particular treatment group. These hypotheses have been confirmed.
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Since children represent a young age category, they should be treated in a special way both from the society and from the state institutions when it comes to combating crime, in order to reach the sole aim of their (re)socialization and (re)integration. This research paper will analyze the phenomenology of the juvenile deliquency (its structure, dynamics and volume) in the Republic of Macedonia during the time period of 2006-2015. The analysis concludes that on the top of the list of crime mostly committed by children are the property crimes. Therefore, children are more prone to commit theft, petty theft, pick-pocketing, stealing from vehicles and other forms of theft. This is followed by offenses against public order; as well as crimes against life and body committed by juveniles, such as murder, participation in beatings and other forms of violence, etc. The research also reflects the the real picture of the convicted children based on gender, ethnic belonging, the level of education, family status, and the location where the offense has taken place.
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This article analyses the comparative approach regarding the role and the treatment of crime victims in three legal systems: The Common Law adversarial system, the European continental mostly inquisitorial system and the legal system of post-socialist countries. From the literature review and the normative analysis of criminal procedure codes of different countries some interesting conclusions emerge: 1.The role of the crime victim in the criminal procedure of continental countries is well defined and organized. The rights of the crime victim, such as: the right to access to justice, the right to compensation, the right to protection and the right to assistance, all find their particular place in the continental criminal procedure, whether that is a typical inquisitorial or an adversarial one. The victim can be compensated through the civil compensation claim decided within the criminal procedure, they can participate as active subjects of the procedure with specifically defined rights, whereas the examination process of the victim as a witness is supervised by the court and minimizes secondary victimization. 2.Common Law countries have more difficulties arranging a fair treatment of crime victims: they are excluded as active subjects of the criminal procedure (they only appear as witnesses), they cannot be compensated properly within the criminal procedure, they can be subjects of secondary victimization through the aggressive cross-examination process and they are excluded from the plea negotiation process. Some efforts are made through introducing the Victim Personal Statement and the Compensation Order schemes, however, it shows insufficient. 3.Post-socialist countries are in the process of reforming their legislation regarding the role of the victim but also other issues. They need to combine the best parts of both the Common Law and the Civil Law legal systems in order to have an efficient and fair criminal procedure.
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The criminal justice system in the Republic of Srpska exists as an independent legal system within Bosnia and Herzegovina. To date, not much has been done regarding the implementation of public interest work in the case-law. The Criminal Code of the Republic of Srpska, 2017 Edition (CC RS, 2017) prescribes this work as an alternative measure of punishing offenders who are accused and prosecuted to a prison sentence up to one year. Even though Article 70 of the Criminal Code of the Republic of Srpska clearly prescribes work for the public interest, a stronger will is required on the part of the Republic of Srpska legislature to regulate, by means of a by-law - the Rulebook - the manner, form, and all other parametres for the implementation of all that is prescribed. Consequently, this requires a greater involvement of the Ministry of Justice, as the head of the implementation of this alternative measure in practice provided by law. Work for the public interest, even where legal provisions allow for such practice, is still not prescribed by courts in the Republic of Srpska, since there is no by-law that would determine the manner of implementation of the aforementioned alternative measure, specify all national authorities with clear responsibilities, and elaborate thoroughly how the work of the public interest should be implemented as a rehabilitative alternative measure. At a press conference in October 2019, the Ministry of Justice of the Republic of Srpska announced that the Rulebook was in the process of development. That way, in the near future, legally convicted persons in our country would be provided with this measure of re-socialisation. By working for the benefit of the community, in constant interaction with it, a convicted person would endure the imposed sentence, which would enable them to better understand the gravity of their actions and help them return to society as equal members.
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In this article, we aim to discuss the nature of juridical punishment applied to detainees charged with crimes against national security or against public order and safety, especially when the interrogation and enforcement mechanisms are put into practice in a way that falls short of transparency standards. The specific manifestation of violence within law-enforcement processes goes against the very ideatical core of the principle of human dignity, which flagrantly violates the provisions of the European Court of Human Rights. More concretely, we will refer to the recent ECHR ruling regarding the case Al Nashiri vs. Romania, where we will analyze the situation of the enforcement of prison sentences in secret detention facilities, where detainees were exposed to alleged systematic torture and inhuman treatments. We will thus explore the situation when the rights of defendants who stand accused of high crimes are severely curtailed in the name of the national security imperatives.
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The aim of the present article is, firstly, to shortly analyze the ne bis in idem principle in the view of the European Court of Human Rights, especially in the light of the judgment passed in the case ofMihalache against Romania, concluding in the end of the first section whether or not this represents analignment of the Strasbourg Court with the Luxembourg Court. Secondly, the article also includes ananalysis of the judgments given by the Court of Justice of the European Union in cases where the ne bisin idem principle was incidental. Finally, the article includes a section dedicated to Romanian domesticlaw, being also presented the proposed solutions for the hypotheses in which an order of the prosecutoris the act that attracts the incidence of the principle ne bis in idem because in its content the prosecutorhas analyzed the merits of a criminal prosecution brought against a person investigated as a suspect oras an accused. The aim of the present article is, firstly, to shortly analyze the ne bis in idem principle in the view of the European Court of Human Rights, especially in the light of the judgment passed in the case of Mihalache against Romania, concluding in the end of the first section whether or not this represents an alignment of the Strasbourg Court with the Luxembourg Court.Secondly, the article also includes an analysis of the judgments given by the Court of Justice of the European Union in cases where the ne bis in idem principle was incidental. Finally, the article includes a section dedicated to Romanian domestic law, being also presented the proposed solutions for the hypotheses in which an order of the prosecutor is the act that attracts the incidence of the principle ne bis in idem because in its content, the prosecutor has analyzed the merits of a criminal prosecution brought against a person investigated as a suspect or as an accused.
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The purpose of the article is to present the most interesting lawsuits involving women in the interwar period. The basic research methods used in the study are: the method of analysis and criticism of literature, and a comparative analysis of theoretical-empirical studies in the field of literature on the subject. Specific cases of women, participants of criminal proceedings, were discussed based on archival material. In addition, the author also referred to the achievements of Polish literature and subject literature in the field of law, sociology and criminology.
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