Anklageschrift
Anklageschrift gegen Jacek Kuroń, Adam Michnik, Henryk Wujec, Zbigniew Romaszewski; angeklagt des Verbrechens nach Art. 128 § 1 StGB in Verbindung mit Art. 123 StGB.
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Anklageschrift gegen Jacek Kuroń, Adam Michnik, Henryk Wujec, Zbigniew Romaszewski; angeklagt des Verbrechens nach Art. 128 § 1 StGB in Verbindung mit Art. 123 StGB.
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Am 1. Juli 1985 traten zwei Zusätze zum polnischen Strafrecht, wie es am 10. Mai 1985 vom Parlament beschlossen worden war, in Kraft.
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Miodrag Milic arbeitet derzeit an einem umfassenden, dreibändig geplanten Werk über die Geschichte der jugoslawischen Revolution. Die Manuskripte dieses Werkes stellen einen wichtigen Teil der Anklage gegen ihn dar. Im folgenden bringen wir kürzere Auszüge aus seiner Verteidigungsrede.
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Seit dem 10. Mai 1984 befindet sich Miklós Duray wieder im Gefängnis. Sollte gegen ihn auf Grundlage der Paragraphen 112 und 199 des tschechoslowakischen Strafrechts — Verletzung der ausländischen Interessen der Republik und Verbreitung hetzerischer Nachrichten — Anklage erhoben werden, drohen ihm drei Jahre Haft. Miklós Duray ist Aktivist des Rechtsschutzkomitees der ungarischen Minderheit in der CSSR (vgl. Gegenstimmen Nr. 12/83}. Grund für die neuerliche Festnahme Durays waren die Aktivitäten des Komitees gegen ein neues slowakisches Schulgesetz, das eine völlige Auflösung der ungarischsprachigen Schulen in der Südslowakei ermöglicht hätte. Duray hatte sich in einem offenen Brief an Gustav Husak gewandt, über 10.000 CSSR-Bürger ungarischer Nationalität haben gegen den Gesetzesentwurf protestiert. In ungarischen oppositionellen Kreisen wurde im Zusammenhang mit der neuerlichen Festnahme Durays ein »Duray-Komitee« geschaffen, dem der Historiker György Bence, der »Beszelö«-Redakteur Balint Nagy und der Umweltschü tzer Janos Vargha angehören. Duray hatte schon einmal Weihnachten im Gefängnis erlebt: 1982. Über seine damaligen Erlebnisse berichtet folgende Kurzgeschichte.
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The COVID-19 global pandemic altered the social lives of people around the globe and centred our activities around the internet and new technologies even more than before. As countries around the world responded with lockdowns and social restrictions in order to prevent spreading the virus, concerns about the effects of those measures on child sexual abuse materials (CSAM) volumes on the internet and CSAM related offending online arose. While it is impossible to measure the entire volume of CSAM available online and CSAM related offending, there are some indicators that can be used to assess the scale of online CSAM and whether there was an upward or downward trend in CSAM related activity online and reporting over the pandemic time. Such indicators include the number of reports to hotlines combating CSAM, the number of criminal investigations and cases, and the measurements of the offenders’ online activity monitored by law enforcement and other entities. The aim of this paper is to analyse the data available in these areas and see how they picture the CSAM online problem during the COVID-19 pandemic.
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Terrorism is a significant threat to security, to the values of democratic societies and to the rights and freedoms of citizens. A specific challenge in this context is when terrorist acts are committed by mentally ill offenders. Such cases raise an urgent challenge for legal research: How is mental illness relevant in the intersection between criminal insanity and terrorism as one of the most serious types of the criminality of our time?
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The article aims to lay the foundations for the theoretical analysis of the release from criminal liability. Consideration of the specific conditions for its application is pointless if it is not clear what distinguishes this institution from other criminal law institutes, which exclude on one basis or another the application of criminal repression. The issue is all the more significant given that certain ambiguities and inconsistencies in the terminology used lead to confusion in both doctrine and practice.
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On 26 February 2011, the United Nations Security Council (UNSC) adopted the Resolution 1970/2011. Operating under Chapter VII of the UN Charter, the UNSC unanimously decided to refer the situation in Libya to the International Criminal Court (ICC) according to article 13(b) of the Statute of Rome. Amongst all countries where “Arab springs” took place, this is the only country that fell under the jurisdiction of the ICC. Since then, three cases were opened and five warrants of arrest were issued. Libya is not party to the Statute of Rome, and in fact, with the exception of Tunisia1, no other countries where “Arab springs” took place have ratified the accession to the Statute of Rome. Libya therefore represents the second time2 in the whole history of the ICC, where the latest is investigating and judging over a country that is not a member of the ICC. However, the ICC is still investigating in Libya and information about collected probes are still concealed. Seven months after the referral to the ICC, on 16 September 2011, the UNSC decided to activate the political mechanism: United Nations Support Mission in Libya, UNSMIL. In the meantime, a series of transitional authorities have taken over the leadership of Libya, authorizing the production of interesting laws related to transitional justice and the establishment of truth and inquiry commissions. The situation in Libya shows as UNSC activated two mechanisms, to some extend working in parallel, that must find a way to coexist: in one hand, the ICC criminal proceeding, in the other hand, the transitional justice process supported by the UNSMIL.
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This paper is part of a wider investigation which explores what happened to probation services in France and in Scotland during the national lockdown put in place as a response to the Covid-19 pandemic. Qualitative interviews with 29 French and 27 Scottish probation staff took place, the authors wishing to capture the lived experience of practicing probation at this unprecedented time. Whilst the study captures the initial disorientation of probation staff and a general lack of institutional and individual readiness for lockdown, it also documents adaptability, creativity and an optimism for what technology could offer state probation practitioners that is less visible in studies that were carried out following the easing of lockdown restrictions. It shows that the ways in which institutions and practitioners responded to the crisis was determined by institutional and cultural heritage, professional values and management practice.
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Review of: Mr. sci. Nermin Halilagić, Posebne istražne radnje kao odgovor na organizovani kriminalitet, JP NIO Službeni list Bosne i Hercegovine
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In order to prosecute all the perpetrators of the war crimes committed on the territory of Bosnia and Herzegovina, and to bring into line provisions of its legislation with the world standards when it comes to the prosecution of those heaviest of crimes, Bosnia and Herzegovina has passed, after restoring the peace in 1995, a number of criminal codes. Due to the characteristic organisation of government, and fragmented competencies in prosecuting these crimes, this politics had not produced expected results. Right until 2003 and the adoption of the Criminal Code of Bosnia and Herzegovina, these crimes were prosecuted in accordance with various codes that were in force on the territory of Bosnia and Herzegovina. The intention of the Criminal Code of Bosnia and Herzegovina from 2003 was to avoid such fragmentation and bring into line the provisions of the criminal code with the attained level of development of the criminal law in the world. The Code itself did not cause any controversies. However, the later changes done to the Code have. Relying on the general principles of the international law, the legislator in Bosnia and Herzegovina set down that this Code may have a retroactive effect with regard to the events that took place in the period from 1992 to 1995. Moreover, given the number of cases and limited capacities, the Office of the Prosecutor and the Court of Bosnia and Herzegovina, may not be able to prosecute all the cases, and some are to be transferred to the other courts which are still applying “old” laws. With this, the matter of the applicable criminal code in such cases becomes ever more important.
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The paper discusses the corruption problem in tourism sector in the Republic of Serbia. The aim of the paper is to identify and explore main spots where corruption occurs, and to analyze the corruption phenomena, as well as the edge of corruption phenomena in tourist agencies and tour operator activities only. The corruption phenomena in hospitality and tourist destination sector are only recorded in the paper due to space restrictions. The research demonstrates that there are over thirty corruption spots within the sector, out of which seventeen in tourist agencies and tour operator activities. Furthermore, the paper describes measures and procedures for fighting corruption in tourist agencies and tour operator activities, or at least for reducing it if eliminating is impossible.
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Corruption is a terrible disease of our modern society and has deep roots in the development process of a state. It occurs as a serious consequence of certain deviations in the society, endangering the normal functioning of the state and national economy, eroding the stability of the economic, cultural, educational and other types of institutions and destroying the public confidence, regardless of the kind of sociopolitical and economic system. Unfortunately, even the higher education institutions, which are instigators of the social development and progress and should be a mirror of virtue and integrity, are ruled by various forms of corruption. This forms are gaining significant volume especially during the global financial crisis, hence the universities, as an important segment of the community, are not immune to this phenomenon which has devastating effects. Although corruption in higher education is a very sensitive subject, we must speak out loudly about its depravity and block its path of progression. Therefore, it has to be taken effective measures for a repression of the current corrupt activities and prevent the new forms of social evil. The systematic fight against corruption must be an essential priority because it directly affects the quality and the valorization of educational service as well the confidence in the higher education system.
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Corruption is a legal phenomenon that has become interesting and the world of psychology for several different aspects. Primarily, psychologists interested in that at all mental processes are involved in the process preceding the decision on corrupt behavior, participating in the process and that occur later. Interestingly, and realize that these are people inclined to this behavior, and what it can be a trigger to start the same. This paper discusses some basic aspect that appear in the personality of the individual who makes the offense of corruption. The work undertaken and analyzed the basic definition of corruption. In order to thoroughly and clearly describe the mental processes are listed and explained the terms: Attitudes and Values, Guilt, diffusion of responsibility, fear of punishment, frustration and a desire to succeed. Work through examples of attempts to explain the psychological factors that influence the corrupt behavior, and it is so written in the manner of the first gives a definition, and then I illustrative example or further explanation.In addition, this paper gives some suggestions on how it can act preventively and influence future generations to look differently at the world of corruption. Proposals are moving in the range of general until specific proposals and preventive activities.
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In this paper author deals with the legal acts of international law, legal acts of the European Union and concerned organizations relevant to the confiscation of illegally acquired property and proceeds of crime. Given the great importance of confiscation of illegally acquired property at combating serious forms of crime, in particular organized crime and corruption, the author provides an overview of basic legal acts of international law, European Union and review of specific organizations aimed to improving cooperation, information exchange, and harmonization of international joint action on the fight against crime through the confiscation of illegally acquired property and proceeds of crime.
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In the context of the requirement to guarantee a higher level of protection of the health and safety of workers, imposed in the field even at European level1, the offences against labour protection are one of the ways that give expression internally to the highest legal protection in the field, satisfying both the special prevention in the field by preventing the occurrence of such events, sometimes having the most serious consequences and the need to punish more severely such deeds, when special social danger thereof requires so. The complexity of offences against labour protection lies in the often omissive and culpable conduct of the perpetrator, sometimes related to a particular specificity of the causality link between this and the state of concrete danger thus created, with special implications on the imputability of the deed, in the context of the difficult interpretation of the vast special legislation, which must, therefore, be known and correctly applied. The relevant doctrine was initiated, starting precisely with the comment on the first incrimination of this sort in the Criminal Code of Carol II of 1936, and relevant case law was found, including from the constitutional contentious court, with regard to the compliance with the principle of legality of the incrimination in terms of predictability of the rule of incrimination, short references being formulated to the European law in the matter of safety and health at work and of comparative law. Our analysis will cover the entire content of the specific offences, with reference to both the objective and the subjective typicalness of the offences against labour protection, including their pre-existing conditions, with the declared aim of supporting the practitioners in the field.
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Developments in the terrorist phenomenon at global and European level have led states to include terrorism, in their national security strategies, among the main risk factors to their national security. The national security strategies of most of the European Union states are thus the basis for the elaboration of normative acts regulating the aspects related to the prevention and combating of the terrorist phenomenon as a whole. The threat and use of biological weapons in terrorist attacks (bioterrorism), a new form of terrorism, could not be missing from such regulations. The article aims to present the main results of a comparative study carried out on the legislation on preventing and combating terrorism in several European Union states. The analysis has revealed that national laws regulate issues relating to the prevention and combating of biological threat differently. Thus, the role of each responsible structure, authority and institution in the field is different depending on its own national approach to the phenomenon. This analysis also highlights the need for the European Union to regulate this area much better, thus establishing the general framework, which will make it liable for any Member State to harmonise its legislation on preventing and combating bioterrorism.
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Both the doctrine and the jurisprudence have ruled in opposite directions, separate or nuanced regarding the issue of the nullity of the evidence obtained under the conditions of art. 142 para. (1) of the Code of Criminal Procedure “by other specialized state bodies”, from the perspective of Decision no. 51/2016 of the Constitutional Court of Romania. However, the judicial practice was aimed, for the most part, at establishing the nullity (and all the specific legal consequences) of the evidence obtained under the conditions of art. 142 para. (1) of the Code of Criminal Procedure “by other specialized state bodies”, as an effect of the adoption of Decision no. 51/2016 of the Constitutional Court of Romania, as well as of the subsequent decisions of the Constitutional Court of Romania, which interfere with it (no. 302/2017, no. 22/2018, no. 26/2019).
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Judgment of the Court of Justice of the European Union (Fourth Chamber), in case C-724/19 of 16 December 2021.
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Pornography has become a major problem of today cyberspace, extended through the Internet at the planetary scale. The phenomenon has deep social and economic implications affecting a huge number of children under the age of eighteen who are subjects of sexual abuse and exploitation. Child pornography generally refers to images or films depicting sexually explicit activities involving a child. Because child pornography involves children, the test of acceptability is much stricter than for regular pornography, as consent cannot be given either by the child or guardian. Child welfare professionals are worried that paedophiles will use the third-generation mobile technology to access child sex sites, take pictures of sex with children and trade in images of abuse.
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