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The identification of persons with the help of found and taken traces from the crime scene is carried out using comparative samples of body parts and other characteristics of the offender which have been classified in collections or other data bases. In the article the author presents the most often used comparative samples which are referred to by the Penal Code and Citizen Penal Code.
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Continuing offence has a legal definition in the legislations of the Netherlands, Argentina, Chile, Sweden, Italy, Poland, Romania, Macedonia, Spain and Bulgaria. Other countries, such as Russia and Germany, have no legal definition of this institute, but the latter is applied in some States of the USA. This article examines the establishment and development of the figure of continuing offence in different countries and in comparison with the regulation under the Bulgarian Criminal Code.
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The article takes a comparative approach to the idea of wrongfulness as an element of tort liaiblty and tries to explore it in French, Italian, German, English and Bulgarian law. The concept of wrongfulness is further placed in a broader context of the specific profiles of the given legal systems and the different legal traditions they follow when dealing with tort liaibility. Finally, concluding remarks are made about the benefits of such comparative law analysis to the understanding of wrongfulness in Bulgarian tort law.
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The reform of the criminal justice system of the Republic of Bulgaria covers a specific system of legislative, administrative and organizational measures, aimed at delivering timely and fair justice. The preparation and the adoption of a new Code of Criminal Procedure is a natural result of striving to improve the Bulgarian legislation in the field of criminal proceedings.
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In the last two decades, the specter of the inter- ethnic war leaned over Serbia, and it puts heavy burden over Serbia’s future. Although the Stabilization and Association Agreement was signed two years ago, as a necessary step towards the European integrations of our country, the basic obstacle in that road remains in its relations with the Tribunal in the Hague, defined as the “non- sufficient cooperation”. Thus, this paper tries to lighten the institution of the Tribunal in the Hague as an ad hoc organ of the UN Security Council, its authority and the treatment in processing the worst crimes today: genocide, crimes against humanity and war crimes, on the basis of domestic and international sources.
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The research covers issues related to issuing customs decisions on the application of EU customs legislation. There is currently no in-depth discussion on these issues. The practice of the administrative authorities competent to issue acts on the application of customs legislation reveals uncertainty and still ignorance of the new legal framework, which undoubtedly leads to contradictions in the judicial resolution of legal disputes. This article is part of a larger study on administrative service delivery by Member States' customs administrations in the EU and aims to clarify and analyze problematic issues.
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The paper analyzes the changes and additions to the Code of Criminal Procedure of the Republic of Tajikistan, which have substantially changed and influenced its stability. The purpose of this analysis was to determine the driving force of the amendments and their relevance, as well as timeliness and appropriateness of their introduction and adoption. The author emphasizes the important role of the legislative body and the scientific community because their indifference, silence and inactivity may disturb the stability of the domestic criminal procedural law.
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L'activité du tribunal et des autres sujets dans la procédure pénale se déve-loppe dans le sens de l'éclaircissement le plus complet et général et la résolution des affaires pénales, ce qui peut être réalisé par la production des preuves. Con-sidéré e dans son contenu, la production des preuves, en tant qu'activité de pro-cédure complexe consiste dans la découverte, la déduction, la vérification et l'esti¬mation des preuves. De toutes ces activités pour le tribunal sont de la plus haute importance la déduction et l'estimation des preuves. La déduction des preuves représente l'adoption, la connaissance et la fixation par écrit des faits par les¬quels sont constatés les faits litigieux dans l'affaire pénale.L,estimation des preuves représente la constatation de la valeur des faits découverts et constatés par les moyens probatoires prévus par la loi par rapport aux faits litigieux. Considéré historiquement, le législateur a donné la possibilité au tribunal de déterminer de deux manières la valeur de certains faits. Sous ce rapport-là existent deux théories relatives à la détermination de la valeur des preuvse: la théorie relative à la valeur légale des preuves, selon laquelle c'est le législateur qui devait déterminer la valeur des preuves et la théorie relative à l'estimation libre des preuves, selon laquelle le tribunal à l'occasion de la dé-termination de la valeur des diverses preuves n'est lié par aucune règle proba¬toire formelle. La première était caractéristique pour la procédure d'instruction pénale et la deuxième pour la procédure pénale d'accusation et contemporaine.Notre législateur a prévu expressément que le droit du tribunal et des autres organes d'Etat d'estimer l'existecce ou l'inexistence des faitis n'est pas lié et limité par des règles probatoires formelles spéciales. Le tribunal correcti¬onnel déduit et en même temps détermine la valeur des preuves au cours de toute la procédure pénale soit dans la composition individuelle ou d'assemblée. Dans ce cas le tribunal doit consacrer une attention particulière au contenu des déclarations des diverses peronnes et examiner critiquement les possibilités ob¬jectives d'une personne à observer les faits, ainsi que son rapport subjectif en¬vers la vérité.Cette activité du tribunal est surtout intense et responsable quand il s'agit de l'estimation des déclarations des experts, en raison de la spécificité de ce moyen probatoire. A l'occasion de la détermination de la valeur des faits conte¬nus' dans la constatation et de l'opinion des experts le tribunal doit -en parti¬culier concentrer son attention sur les questions suivantes: les capacités pro- fesionnelles de l'expert, son objectivité et son impartialité, la quantité et la qualité des matériaux de l'instruction, le caractère scientifiques des méthodes appliquées par l'expert et -sur le lieu des constatations et l'opinion de l'expert parmi d'autres preuves. Le tribunal peut exiger une expertise complémentaire ou plusieurs expertises réitérées si le résultat de la première expertise ne donne pas satisfaction. Cependant, s’il s'agit des faits litigieux qui doivent être constatés par l'application des connaissances professionnells ou des expériences spéciales et si le tribunal en estimant plusieurs constations et opinions des experts n'ado¬pte pas une seule, alors le tribunal doit considérer de tels faits comme ine¬xistants, vu qu'ils ne sont pas prouvés ou qu'ils sont douteux. Si ces faits sont aux dépens du prévenu le tribunal les attribuera au profit du prévenu par l'ap¬plication du principe in dubio pro reo. Enfin, sur l'exactitude des résultats des experts influent aussi les parties dans la procédure pénale tant dans la procédu¬re en première instance que dans la procédure par les voies de droit.
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There are several stages in the process of committing a criminal offense. The first one is the stage of psychological character, in which a person considers the possibility of successful commission of a criminal offense. On the grounds of previously made decision, either at that very moment or after a certain period of time, that person starts acting in accordance with his decision and undertakes the activity that represents premeditated criminal offense and either causes the consequence (completed criminal offense) or the consequence is left out (attempted criminal offense). Sometimes, preparatory activities are necessary for commission of a criminal offense. These include the activities that create conditions and preconditions that allow the commission of previously planned criminal offense or make its commission faster, easier or simpler. A universal standpoint on determining the definition, the types and the roles of preparatory activities in contemporary criminal law, as well as the grounds for the liability to punishment in such cases, have not yet been accepted. There are pieces of legislation that incriminate preparatory activities as punishable stadiums in the commission of criminal offense, whereas others treat preparatory activities as independent criminal offenses. Тhis paper discusses the definition, types and significance оf these phases in the process of committing a criminal offense in theory, practice and legislation.
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Differences in punishment of members of different classes are a frequent occurrence in the penal law of many mediaeval countries, including Serbia under Nemanjić rule. The paper analyses this phenomenon in Dušan's Code and the preceding charters and attempts to determine the basic principles of this differentiation. Despite stereotypes, they cannot be summed up as laxer treatment of the higher and stricter punishment for the lower classes. Firstly, in the cases of some crimes only members of certain classes are prescribed as offenders – be it due to legal or factual impossibility, or the likelihood of a member of a certain class to commit such a crime. As for those crimes that could be committed by all classes, it is shown on the examples of several crimes (abandoning one's spouse, murder, rape, insult by word or action...) that the nobility (vlastela) was indeed generally protected from those penalties that were considered shameful, but it also paid larger fines levied on property, so that fines would affect all offenders equally. Finally, in cases of crimes where the perpetrator and the victim were from different classes, Dušan's Code is greatly concerned with determining the penalty with regards to the significance of the protective object, particularly to class honour and the need to preserve peaceful relations between classes.
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In November 2016, the Republic of Serbia adopted the amendments to the Criminal Code of Serbia, which stipulates (in Art. 30) a prison sentence ranging from 6 months to 5 years for anyone who publicly ‘’approves, denies or diminishes ‘’ genocide, crimes against humanity or war crimes. Thus, Serbia has acquired the standards on the crime of genocide which are given by the International Criminal Tribunal (ICT) in the Hague. Yet, the ICT is ignoring the fourth great crime which is regulated by international law: crime against peace or crime of aggression. The text of the amendments is similar to the wording of the British Resolution on Srebrenica, which was submitted to the UN Security Council in July 2015. Thus, it may be concluded that the initiative for such a change in the Serbian Law came from those countries that voted in the UN Security Council for the British resolution on Srebrenica in July 2015. In its work, the ICT is prone to taking the judgments related to Srebrenica as adjudicated legal facts (res iudicata) or legal standards which are not to be questioned, disputed and argued. An illustrative example is the case of Jean-Pierre Bemba Gombo, where a single submission of the Chief Prosecutor included over a dozen references to the judgment and decisions of the International Criminal Tribunal for former Yugoslavia, including the Tolimir case. The legal situation is further complicated by the recent announcements from Priština and Sarajevo that they will institute proceedings against Serbia at the International Court of Justice in 2017.
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The article, based on an analysis of scientific papers devoted to research on human sentenced to imprisonment in Ukraine on personal safety, pay attention to the problem points and a reasoned opinion on the need for more active development scientists the subject, given the current state of the penal Ukraine.
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The article is devoted to the consideration of the main quantitative and qualitative statistical indicators of the results of activities of law enforcement bodies and courts in detection of corruption offenses for a period from 2014 to 2017. The annual official data show that 2400 people were exposed in committing criminal corruption offenses in 2017, which is 22 % more than in the previous year. The number of persons convicted for committed corruption crimes was as follows: in 2015 – 755, in 2016 – 492 persons, in 2017 the number has increased threefold – to 1692 persons. But only 6 % of the perpetrators were imprisoned (107 persons). 50 % of corruption cases were penalized by a fine as main punishment.The author stressed the fact that in 2014–2016 top-ranked state officials and civil servants of 1–2 categories (the highest group) were not convicted for corruption criminal offenses. 2 civil servants of this category were convicted in 2017. For the mentioned term of time, no member of Verkhovna Radawas convicted of criminal corruption offenses either. Damages caused by criminal corruption offenses(after criminal proceedings finished by investigation) amounted to 16, 329 billion UAH (approximately 142,36 million Euros). Damages repaid amounted to 312,5 million UAH, which is approximately 2 % of the total amount of material damages. Finally, we conclude that the system of criminal justice cannot adequately detect, investigate, and prosecute corrupt officials since the system is just as corrupt as other state institutions.Despite the proclaimed and partly implemented reforms, the self-cleaning of law enforcement agencies from corrupt officials did not take place. Subjects of political corruption remain intact. The official statistics show a distorted «picture of the fight» with criminal corruption offenses, which are almost entirely in a latent state.
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This is a statue about laws in Bulgaria regarding juvenile justice. It is very useful to comment this area, because it seems to stay just a little bit unknown for society. It is European requirement to have specific standarts in justice for children and Bulgarian laws are a good reply. Most of these standarts are written in Criminal Code and Criminal Procedure Code.
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The analysis of the legal positions of the ECHR in the aspect of the subject of the article under consideration made it possible to conditionally single out the following standards for ensuring the legality of the implementation of covert activity in criminal proceedings:– predictability. Its essence lies in the fact that the grounds, procedural order, conditions, timing, the circle of persons and crimes in relation to which it is allowed to carry out covert activities should be as detailed, clear and accurate as possible in the criminal procedural legislation. Moreover, any person had the opportunity to familiarize himself with the relevant regulatory prescriptions and foresee the actions that can be carried out in relation to him;– warranty against abuse. The content of this standard can be disclosed by more detailed highlighting of clarifying provisions (“substandards”). These include: control of interference in human rights and freedoms; the certainty of the circle of persons in relation to whom it is possible to carry out secret activities; limited corpus delicti, for the purpose of investigation or prevention of which covert activity is allowed;; the existence in national legislation of procedures that facilitate the law of the implementation of covert activity in criminal proceedings; the temporary nature of the implementation of secret activities in the criminal process;–verifiability. The essence of this standard can be disclosed through the establishment of judicial control over the decision of the issue regarding the possible destruction of information obtained in the course of conducting covert activities, which is not relevant to criminal proceedings, as well as the requirement for the mandatory opening of decisions that were the basis for conducting covert investigative actions;–exclusivity. The main content of this standard is that covert activity in criminal proceedings can be carried out only in cases where the disclosure or prevention of a crime in another way is impossible or is too complicated;–proportionality of the intervention and its expediency. The essence of this standard is that the implementation of certain covert coercive actions that are associated with the restriction of human rights and freedoms must be proportionate to the goals for which such actions are directed. Moreover, these goals and the applied coercion must be necessary in a democratic society;– inadmissibility of tacit interference in the communication of some subjects. First of all, this requirement concerns the need to legislatively guarantee non-interference in communication between a lawyer and his client, a priest and an accused, etc., which means a ban on targeted control over the communication of certain subjects, as well as the obligation to destroy information obtained in the course of an accidental, situational interfering with their communication.
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The article is focused on the conflict between private video recordings as evidence in criminal proceedings and the right to privacy within the meaning of Art. 8, para. 2 of the European Convention on Human Rights. As regards the scope of the monitoring, the need for a study is due to the lack of uniform standards in the treatment of such records. In this sense, the study of the ECHR’s case law is vital to deriving a catalogue of criteria for their admissibility as evidence in the process and to raising awareness of citizens about the permissible violation of their right not to be monitored without their consent.
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The paper analyzes the formation of the institute issuing the perpetrator of the criminal offense of international and domestic law. Defined stages of development institute extradition and prospects of development of criminal law in this area.
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The criminological literature underscores that criminal offences committed by senior citizens are directly related to their age and entering a new stage of life. In elder offenders, we may observe a distinctive pattern in the development of their criminal activities, the structure of crime, gender-specific criminal offences, their previous criminal records and their social status. The former criminological studies on the elderly population have most frequently focused on examining the senior citizens’ fear of crime and their victimization within the family; the studies on criminal offences committed by the elderly seem to be rather scarce. The prior research into the criminal activity of elder offenders has largely addressed the needs and difficulties encountered by elderly inmates, particularly in case they were sentenced to long-term imprisonment and subject to strict parole rules. Some researchers have also extended criticism on the lack of special correctional facilities specifically designed for elder inmates. In general, crime rate drops with aging. In developed countries, there is a constant increase of elder population as opposed to the marked decrease of younger population. Yet, the percentage of convicted offenders among the persons over the age of 55 is still significantly lesser as compared to the percentage of younger convicts. Namely, different issues pertaining to “elder people behind bars” have eventually become the subject matter of interest of criminologists and penologists, public administration authorities and international organizations advocating the observance of human rights. The incarcerated men and women face many physical and psychological problems which are generally encountered by all people at large but usually at a later age, when they are at least 10 years older than the inmates. Violence, anxiety and distress caused by the immediate prison environment, separation from their friends and families, and the awareness that they are most likely to spend the rest or most of their lives in prison may altogether accelerate the aging process in elderly inmates.
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The Bulgarian legislator is faced with the challenge and the need to re-evaluate its punitive policy to protect the normal functioning of the economic system. When regulating such a matter, it is necessary to look for a balance of values and interests, as on the one party is the public interest requiring a stable and workable economy and on the other party stands the private interest requiring certain limits of the state regulation.
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