We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
Every questioning of a witness by a prosecutor is of a legal and formal nature. Its aim is to determine “what really happened”. A historian, if interested not only in reconstruction of the course of events, strives to get to know the world of the witness he or she is interviewing. These aims determine the methods, but do not exclude learning from each other’s experience, as well as results of investigations, inquiries and research. The same person can be the subject of interest for a narrative; a prosecutor and a historian can complement each other in their findings. This article represents a contribution to the discussion on the differences in methodology in the work of historians and prosecutors, as well as the importance of interviews with witnesses for the research on contemporary history.
More...
In the last 50 years more than 250 conflicts broke worldwide out and killed more than 86 million civilians, mostly women and children. Over 170 million people have been deprived of their dignity, rights and possessions. The majority of the victims were forgotten, and only a few war criminals were tried. The regulations existing in international law, which are prohibiting war crimes, genocide, crimes against humanity, protection of cultural heritage and, most recently aggression are not effective and not respected. To this day an effective system of enforcing those rights and bringing the individuals responsible for it to justice does not exist.
More...
Restorative justice is a way of responding to criminal offences by balancing the needs of the community, the victims and the offenders. It aims to bring all these parties together to collectively resolve the consequences of crime, including the harm caused, with a view to future generations. In the Indonesian legal system, restorative processes have not yet been used to deal with environmental crimes, despite a growing interest in exploring their potential. Therefore, this paper seeks to demonstrate that restorative justice solutions addressing environmental crimes benefit the victims, the offenders, the community and the environment. Further, these solutions may prove to be useful as well as additional discretion to local authorities for redressing the damage to the environment.
More...
Der Artikel handelt über die Problematik der Rechtsregelung der Amnestie von politischen Delikten in der Aera der 1. Tschechoslowakischen Republik. Die Th eorie und Praxis der Zwischenkriegszeit bezüglich der materiellrechtlichen und prozessualen Regelung (insgesamt Amnestien) der politischen Delikte schloss kontinuierlich an die österreichische, bzw. österreichisch-ungarische Rechtsordnung an. Die Rechtssprechung über die politischen Strafsachen war in der ersten Tschechoslowakischen Republik seit Anfang relativ hart. Noch strenger wurde sie nach der Annahme des Gesetzes zum Schutze der Republik. Man muss sich aber klar werden, dass damals die Verbindlichkeit der Subsidiarität der Strafrepression existierte damals nicht und die Republik musste sich dabei in der Zeit der Habsburgermonarchie inspirieren Der Rahmen der politischen Delikte war per se ziemlich unbestimmt. Es wurden die politischen Delikte und Delikte, die aus politischen Beweggründen begangen wurden, unterschieden. Die Merkmale des Verfahrens über politische Delikte führten dazu, dass die Verurteilten von der Öff entlichkeit anders als die Kriminellen angesehen wurden. Die Amnestien der politischen Delikte wurden deshalb positiv empfangen, und zwar als ein Korrektiv der Härte des Urteils. Von 17 Amnestien, die in der Jahren 1918–1938 erklärt wurden, kann man 13 als ausschließlich oder meistens Amnestien der politischen Delikte bezeichnen. In der Terminologie war zwischen der Amnestien, Gnaden oder Massenbegnadingungen kein merkmaler Unterschied. Jede Amnestie musste aber gewissen gemeinsamen Essentialmerkmalen entsprechen. Neben der Normativität, die aus Verfassungsgesetzen hervorging, waren es der Unterschrift , die nicht vorausbestimmte Massenhaft igkeit, der Zweck der Amnestie, der Anlass der Amnestie und deren Proportionalität. Die Amnestien wurden zu wichtigen und oft benutzten Rechtsinstrumenten zum Einhalten der Ordnung, Gerechtigkeit, innerstaatlichen Stabilität und der gesellschaft - lichen Harmonie. Eine weitere Bedeutung der Amnestie der politischen Delikte in den Jahren 1918–1938 stand mit den Veränderungen der Strafpolitik und Dekriminalisierung gewisser Taten zusammen. In Anbetracht des Prozesses der Vorbereitung, Annahme oder Durchführung der Amnestien der politischen Delikte in der Tschechoslowakei der Zwischenkriegszeit kann man sagen, dass obwohl die Amnestie im Zuständigkeitsbereich des Präsidenten blieb, war er im Kontrast zu den Gnaden weniger aktiv.
More...
A person who dies for his or her religious faith is called a martyr or a martyr, but the term martyr also applies to those who give their lives for another cause considered noble, such as those who die for their country in time of war. Martyrdom is the suffering, torment, torture or death endured by someone for their ideas or beliefs. The term martyr is also used by extension in other forms, martyr of the fatherland, martyr of labour, to honour particular acts of heroism. The word 'martyr' is originally Greek and designates someone who has witnessed to Christ by his own death. At first, the term martyr was used with reference to the apostles still living, then it was extended to all those who gave a demonstration of faith and finally it was used of those who died as a result of persecution.
More...
The focus of the paper is on the fate of a special police unit and its members. Before World War II, the civilian response work in the present sense took place within the framework of the police in Hungary. Within the framework of the Budapest Metropolitan Police Commissariat, the task of the Political Police Department was to carry out the prevention work. By the end of the 1930s, it was clear that Germany, an ally on paper, was active in Hungary. Thus, when the Wehrmacht occupied Hungary on March 19, 1944, one of the first steps the invading SS and SD units have taken was to arrest the police officers working against the Germans. At the same time, many police officers have anticipated the continuation of their careers, moreover, a progress in it after the German occupation. The State Security Police, established at that time, served the occupiers and participated in the Holocaust. Typically, they continued to work in 1945 to wrap up an anti-state conspiracy. The mentioned German-arrested police officers were detained for weeks and then deported. In 1945, they were liberated by US troops and then entered the CIC to find the Hungarian war criminals. Finally, the study dealt with the post-war fate and career of the policemen featured in the article.
More...
The hereditary status of women in Roman law was not always the same. In different periods, women's inheritance rights were different and changed with the development of the state and society. When it comes to intestate inheritance, one could observe the hereditary position of a women according to Lex duodecim tabularum, praetorian law and Justinian's law. According to Lex duodecim tabularum, the woman was in the first line of succession, sui heredes and had passive testamentary capacity only if she was in matrimonium cum manu because then she had the position of daughter, filiae loco. According to praetorian law, the woman was in the fourth line of succession, vir et uxor. This means that the surviving spouse, who lived with the testator in matrimonium sine manu until his death, had the right to receive part of the property. However, the legal arrangement of inheritance lines, over time, led to certain problems, especially regarding the inheritance of the mother and children (a consequence of the interference of agnatic and blood kinship, the existence of two types of marriage, with and without manus). Because of this, two senate decisions were brought correcting the inaccuracies between the mother and her children. These were SC Tertullianum and SC Orficianum. This paper aims to show the improvement of the inheritance position of women after the adoption of these senate decisions.
More...
The article analyzes the legal provisions governing the conditions of trial in the absence of the defendant if he is removed from the trial for disciplinary reasons by adjusting them to practical cases both at national level and in the jurisprudence of the European Court and by highlighting gaps in the national legislation in this regard. The researched topic is a current one since the compromising behavior of the defendant during the court hearings is attested more and more often, a fact that directly threatens the order and solemnity of the criminal trial, as well as the interests of the participants in the trial. The issue in question acquires an important connotation, including through the uneven practice applied by the courts on how to judge the case by removing the defendant from the trial, as well as the negative consequences that arise as a result - nullity of the judgment adopted, thus violating the principle of efficient administration of justice. Based on the obtained results, the legal omissions in the part related to the trial procedure in the absence of the defendant are revealed, the judicial errors admitted in practice in this respect, being elaborated preliminary versions for their solution, which can be used effectively for the application of legal provisions. versions for their solution. the activity of applying the legal provisions in practice.
More...
The purpose of the article is an analysis of the theoretical aspects of the subjective right doctrine. Starting from the idea that the subjective right is something different from the positivist norm, the legal thinking was permanently concerned about giving a definition to it, about determining its features and legal nature, elements that differentiate it from the positive right, as well as establishing the principles of its exercise. In the following article we tried to highlight the fact that the exercise of a right by its holder contrary to the principles of exercise, as well as the fulfillment of the obligations assumed by him gives rise to a phenomenon called abuse of right.
More...
The Steering Committee of the Jean Monnet Centre of Excellence, “The EPPO (European Public Prosecutor’s Office) and EU Law: A Step Forward in Integration” (EPPONFI) met on 13 September 2023. The meeting was chaired by Benedetta Ubertazzi (Director of EPPONFI). During the meeting, the 19 Committees presented their achievements and future objectives.
More...
The Special Collections Department of the University Library of the Catholic University of Lublin preserves the legacy of the Podlasie-born Romanist Rev. Prof. Stanisław Płodzień. The author taught Roman and Canon Law at the Catholic University of Lublin in the 1950s and early 1960s. However, his promising career was interrupted by his sudden death in 1962. Among the unpublished materials he left behind is a script prepared for first-year students of canon law, entitled „The Roman Civil Trial”. This is a valuable find, since in the 19th and 20th centuries only two monographs on the Roman civil procedure were published in Polish. An analysis of the script shows that its author drew mostly on Leopold Wenger’s monograph „Institutionen des römischen Zivilprozessrechts”. It is from him that he took the idea of devoting a separate discussion to the differences between Roman civil trials and their criminal and administrative proceedings. The text included a subsection entitled “The Relationship between the Roman Civil Trial and Criminal and Administrative proceedings”. The author presented the peculiarities of all three types of proceedings in a factual manner, emphasizing that certain contemporary categories had already been contemplated by the Romans. Particularly noteworthy is the departure from the concept of dividing law into public and private based on the so-called criterion of benefit (utilitas). Rev. Płodzień emphasizes that the concept of state interest in Roman times was as vague as it is today. The narrative makes subtle use of modern civilist terminology.
More...
The article consists of three basic components in which the author uses legal-historical and legal-comparative methodology. In many parts of the text concerning commonly known information which does not require a detailed presentation, the author emphasizes the selectivity of his comments. In the first part, which is a terminological analysis, the author explains the content of terms such as “genocide”, which require commentary on the definitional components of these crimes that distinguish them from other murders, rapes and war crimes. In view of the decision of the International Criminal Court ordering the arrest of President Putin for war crimes, clarification was required that the Court uses the term war crimes in a broad sense, and, in fact, the Court’s jurisdiction over war crimes also includes crimes of genocide and crimes against humanity. The article also explains the process of the development of the legal meaning of the term “sanctions”. The author emphasizes in this section that his main purpose is not to enumerate in detail the changing and supplemented sanctions, but to consider to what extent the sanctions already imposed have affected the crisis of the Russian economy and to what extent they have contributed to the recession of the “global economy”. In this section, the article explains the differences between the currents of globalization and the globalization which is often identified with global economics. The second part presents the problems that the countries of the market economy tried to solve before the start of the Russian aggression against Ukraine. Many issues, such as the “climate crisis”, “pandemic” or the phenomenon of “inflation”, seem to be widely understood. However, for a broader explanation of these phenomena, the author used the comparative methodology which was the most appropriate. The third part focuses on the analysis of the effectiveness of the sanctions imposed on Russia, and, above all, on their contribution to the economic isolation of Russia. This part is also aimed at assessing to what extent the sanctions imposed on Russia exacerbate the existing economic problems of Western countries so to what extent they can constitute the “double-edged weapon”.
More...
The article analyses the status of electronic evidence in criminal cases in accordance with certain concepts of the Bulgarian legislation on criminal procedure. The exposition is built on fundamental principles of theory and practice over the past decades, as well as on some new legal provisions during the last five years.
More...
The subject of this paper is the analysis of the role of the United States of America in stopping the aggression and ending the international armed conflict, which was fought on the territory of the Republic of Bosnia and Herzegovina in the period from 1992 to 1995. For the purpose of the above, the author first explains the basic characteristics of the crime of aggression within the modern system of international law. After that, referring to the relevant judgments of the International Criminal Tribunal for the former Yugoslavia, the author specifically analyzes the legal nature of the armed conflict that took place on the territory of the Republic of Bosnia and Herzegovina in the period from 1992 to 1995, with the aim of proving that it was an international armed conflict. The author pays special attention to the increased foreign policy engagement and diplomatic pressure of the United States of America, which ultimately led to a sustainable peaceful solution - first through the conclusion of the Washington Agreement, and then the General Framework Agreement for Peace in Bosnia and Herzegovina initialed in Dayton, which ended the international armed conflict that took place on the territory of the Republic of Bosnia and Herzegovina.
More...
International war crimes trials are normative pursuits par excellence; they are understandably deeply emotional affairs, as a result of the horrors and injustices that lead to their establishment. Since these trials emerge from political decisions, the fundamental challenge in international criminal law has been to try to conduct judicial proceedings uncontaminated by passion and politics. Contemporary legalism, inspired by democratic peace theory, argues that liberal polities are more likely to establish international war crimes tribunals than illiberal polities, and posits that these liberal courts are more likely to be driven by a commitment to due process. I argue that reliance on legalism (as a political theory) is misplaced: not only have illiberal states participated in the establishment of war crimes courts, but legalist claims obscure the fact that many proceedings have been marred by significant due process deficiencies. The U.S.—as the archetypically liberal legalist state—has not accepted to be held to the norms and institutional constraints emerging from institutions of international criminal justice that it has shaped and promoted. I begin to develop an approach that I call Kantian realism, which holds that states should only establish norms and institutions that they would willingly decree upon themselves.
More...
This article aims to make a brief analysis related to the exchange of cryptoassets, covering the maintenance of the security system, their acquisition and their storage. The article discusses the “over-the-counter” trading of crypto-assets, as well as their acquisition through trading on the exchange. Particular attention is paid to the deposit of cryptoassets on the exchange and the risks associated with “hacking” and/or its bankruptcy. The possibilities for compensation in these cases are indicated. The rules for exchanging crypto assets in Europe with the adoption of the MiCA regulation on 31.05.2023, which completely changes the situation with the crypto market at the European level, are briefly stated. The second part of the article discusses the so-called Bitcoin “forks” related to the change in the set of rules of the original software (Blockchain) to develop a new version of it (new Blockchain). A brief definition of the existing types of “forks” is given.
More...
The Act of 1 December 2022 on the profession of a paramedic and the self-government of paramedics will mostly come into force after 6 months from the date of its announcement, i.e. on 22 June 2023. The issues analyzed in this work, and regulated in Chapter 7 of the Act on the professional liability of paramedics, are not new in Polish legislation. The new regulations are based on the assumptions already adopted in the acts on the professional liability of doctors, physiotherapists, nurses and midwives, and serve as comparative material in examining professional responsibility of paramedics. Are regulations in the new Act enough to address paramedics who meet their patients “on the front line” when patients’ life and health are in danger? Professional liability regulations should be viewed together with criminal, civil and employee regulations to motivate medical professionals to fulfill their tasks in a way that protects the professional and is safe for the patient. Do the new regulations fulfill these assumptions in the right way?
More...
In his monumental non-fiction book, The Gulag Archipelago, Nobel Prize-winning author Alexandr Solzhenitsyn illustrates real events in Soviet labor camps in literary form. The depiction of EVIL is shocking. The totalitarian Soviet regime subjected millions of people to a horrific fate. As is generally well-known, A. Solzhenitsyn spent eight years in a Soviet concentration camp. Mass terror was the es- sence of Soviet totalitarianism. A. Solzhenitsyn included a lecture on Soviet criminal law in his book, stressing the importance of Article 58 of the Criminal Code of the Russian Soviet Federative Socialist Republic of the Soviet Union in authorizing this terrorism. Solzhenitsyn himself was not a lawyer. However, his conclusions were very accurate. Article 58 of the Criminal Code, which consisted of seventeen paragraphs, defined “counter-revolutionary offenses.” They were obviously punished most severely. Article 58 became a weapon of terror for the Soviet authorities, who used it to convict millions of innocent people.
More...