Зборник радова "Право између стварања и тумачења" Том III
Collection of papers "Law Between Creation and Interpretation" Vol III
Contributor(s): Dimitrije Ćeranić (Editor), Svjetlana Ivanović (Editor), Radislav Lale (Editor), Samir Aličić (Editor)
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
- Print-ISBN-13: 978-99938-57-75-4
- Page Count: 364
- Publication Year: 2023
- Language: English, Bulgarian, Russian, Serbian
Self-interest as a Qualifying Circumstance of the Criminal Offense of Aggravated Murder
Self-interest as a Qualifying Circumstance of the Criminal Offense of Aggravated Murder
(Self-interest as a Qualifying Circumstance of the Criminal Offense of Aggravated Murder)
- Author(s):Miodrag N. Simović
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:11-15
- No. of Pages:15
- Keywords:Criminal offense; Murder; Deprivation of life; Motivation; Self-interest;
- Summary/Abstract:Criminal offenses of murder stand out among criminal offenses that provide protection to the most important human (and social) values. These are illegal deprivations of another person's life for which different punishments are prescribed. The most serious forms of murder under the name of aggravated (qualified) murder, for which the most severe punishments known in the national criminal legislation are prescribed-occur when the unlawful premeditated deprivation of another person's life was committed under qualifying circumstances. These circumstances include the way the offense was committed, the motives of the perpetrator, the extent of the consequences, the capacity of the perpetrator or the capacity of the victim. According to the motives of the perpetrator, which make the murder more aggravated, qualify criminal offense, there are self-interest, revenge, basic instincts, etc. Self-interest, which is otherwise a common circumstance in the execution of property crimes, can also occur in cases of violating life (or the right to life)The paper sheds some light on self-interest as a type of motivation of the perpetrator that qualifies the unlawful deprivation of life, both in theoretical and practical sense.
Правосознание студентов в Болгарии
Правосознание студентов в Болгарии
(Legal Awareness of the Students in Bulgaria)
- Author(s):Anna Mantarova
- Language:Bulgarian
- Subject(s):Social Sciences, Education, Law, Constitution, Jurisprudence, Higher Education
- Page Range:16-32
- No. of Pages:17
- Keywords:Law, Legal awareness; Civil rights and obligations; The psychological component of legal awareness; The behavioral component of legal awareness; Channels of legal information;
- Summary/Abstract:The purpose of the study is to describe the legal awareness of the students as a unity consisting of three components: cognitive (information-cognitive), which includes entire set of legal knowledge, psychological, containing assessments, opinions and psychological attitudes concerning the law and its application, and behavioral, reflection the readiness to adopt a certain (lawful or illegal) line of behavior in situations subject to legal regulation. Empirical data were collected through a survey from among the students of social sciences at the universities of four cities in Bulgaria: the capital-Sofia; the second largest city in the country- Plovdiv; a fairly large city - Ruse; and a relatively small regional center - the city of Haskovo, in which there are branches of three universities. The study showed that awareness of basic legal principles and norms are not particularly high. Students are generally familiar with civil rights and, to a lesser extent, duties. A significant part of the existing laws is assessed as unfair, which negatively affects the attitude to their observance. It turns out that not all widespread practices prohibited by law in the framework of labor relations are met with disapproval. There is a significant proportion of respondents who, in one form or another, are ready to disobey the law. The conclusion is that the implementation of lawful behavior can only be expected if there is awareness of the basic principles and norms of law and a positive attitude towards laws and their observance. However, this is not enough. We need systematic actions related to forming adequate systems of personal values and creating a social environment that stimulates lawful behavior and adequately authorizes the violation of law.
Забрана преиначења пресуде на штету окривљеног
Забрана преиначења пресуде на штету окривљеног
(Prohibition of Reformatio in Peius)
- Author(s):Saša Knežević
- Language:Serbian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Court case
- Page Range:33-49
- No. of Pages:17
- Keywords:Defendant; Prohibition of reformation in peius; Procedural equality; Criminal sanction; Legal qualification; Factual background;
- Summary/Abstract:By seeking legal recourse, the accused initiates reviewing of the factual and legal foundations of the judgement. The outcome of the proceeding initiated by recourse may only be the more favorable decision for the accused. In order to enable accused to appeal against judgements uninterruptedly, it is necessary to prevent the detriment of this party's criminal proceeding's status in the course of appellate proceedings. Therefore it is necessary to stimulate the accused to use recourses provided for by the statute and, hence, create a more favorable environment for the realization of procedural equality of the parties to criminal proceedings. The institute of prohibition of reformatio in peius (the prohibition of alteration to worse) represents the procedural concession to the accused, which improves the procedural position of this party in the recourse proceedings. The accused may challenge court judgements freely, without fear that seeking recourse would turn against him. In this way, the ratio legis of this institute is being reflected.
Правни аспекти успостављања приватне безбедности у Републици Србији
Правни аспекти успостављања приватне безбедности у Републици Србији
(Legal Aspects of Establishing Private Security Agencies in the Republic of Serbia)
- Author(s):Željko Nikač, Branko Leštanin
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:50-66
- No. of Pages:17
- Keywords:Security; Private security; Detective work; Serbia and the EU;
- Summary/Abstract:Private security as a subsystem of security has had a long tradition in the former Yugoslavia and the Republic of Serbia. It developed out of the need of the community, business entities and individuals for additional forms of security. The life and body of a person, property and operations of economic entities appear as the most prominent object of protection. The most developed forms and types of private security are private security and detective work, which have an adequate place in developed countries. Private security in the Republic of Serbia was stranded in a legal hiatus from 1993 to 2013, after which the Law of Private Security and the Law on Detective Activities were adopted as the umbrella legal regulations of this matter. Later, by-laws were adopted to enable its implementation relating to staff training, the way of carrying out technical protection work and the use of technical means, the way of applying authority, uniforms and credentials of security officers and detectives, and spatial and technical conditions for performing detective work. The report gives and overview of the most important solutions from the legislative framework of Private Security in Serbia, while the conclusion offers de lege ferenda proposals for improving the legal framework and developing good practices based on developed countries.
Кривичноправни аспекти фалсификовања и злоупотребе платних картица
Кривичноправни аспекти фалсификовања и злоупотребе платних картица
(Criminal Aspects of Forgery and Abuse of Payment Cards)
- Author(s):Uroš Pena, Ljubana Sladić
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:67-87
- No. of Pages:21
- Keywords:Legal traffic; Payments; Forgery; Payment card; Non-cash payment;
- Summary/Abstract:The criminal offense of forgery of credit cards and non-cash payment cards have long been classified in our criminal legislation as criminal offenses against the economy and payment transactions. With the adoption of the new Criminal Code of Republic of Srpska , this criminal offense has been included in the group of criminal offenses against legal traffic. Hence, this paper will analyze this offense within its new criminal legal status. The collective object of protection against business crimes are legal transactions which are realized by the use of documents based on which certain legal relationships are created, terminated or changed, those documents themselves serving as evidence of legally relevant facts. The paper will provide a detailed description and analysis of several criminal offenses related to forgery and misuse of payment cards, namely: forgery of credit cards and non-cash payment cards; issuance of checks and non-cash means of payment without cover, unauthorized engagement in banking, micro-credit and savings credit activities and creating, procuring and giving funds for counterfeiting.
Mogućnost primene restorativne pravde na trgovinu ljudima
Mogućnost primene restorativne pravde na trgovinu ljudima
(Possibilities of Application of Restorative Justice to Human Trafficking)
- Author(s):Darko Dimovski
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law
- Page Range:88-107
- No. of Pages:20
- Keywords:Human trafficking; Restorative justice; Diversionary model; Therapeutic model; Republic of Serbia;
- Summary/Abstract:At the beginning of this paper, the author points out that human trafficking is immanent in all social epochs. As the existing concept of retributive justice embodied in criminal law does not produce appropriate results, it is necessary to consider possibility of applying the concept of restorative justice in the fight against human trafficking. After defining the concept of restorative justice, the author emphasizes the existence of two restorative justice models-diversionary and therapeutic. A special part is dedicated to presenting the results of criminological research on the possibilities of applying restorative justice to human trafficking. In the subsequent parts of the paper, the author presents the possibilities of applying the diversionary and therapeutic model of restorative justice under the legal solutions in the Republic of Serbia. The conclusion emphasizes the need of practitioners to consider the possibilities of applying restorative justice to human trafficking in order to pay special attention to the needs of victims of trafficking.
Criminal Law Aspects of Combating Domestic Violence With Special Reference to Partner Homicide - Perspectives of Serbia
Criminal Law Aspects of Combating Domestic Violence With Special Reference to Partner Homicide - Perspectives of Serbia
(Criminal Law Aspects of Combating Domestic Violence With Special Reference to Partner Homicide - Perspectives of Serbia)
- Author(s):Dragana Čvorović, Vince Vári
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
- Page Range:108-133
- No. of Pages:26
- Keywords:European standards; Domestic violence; Murder; Police; Public prosecutor;
- Summary/Abstract:The contemporary tendencies of criminal legislation i general, including criminal legislation of Serbia, resort to modern concepts of more effective means of combating crime, including the crime of domestic violence. Accordingly, the logical question arises as to whether Serbia has successfully responded to the challenges posed by contemporary society and whether Serbia has respected European standards and postulates of democracy and the rule of law when suppressing this category of crimes. Through an expert and critical analysis of the normative solutions present in the criminal legislation of Serbia, the authors will provide answers and suggestions de lege ferenda on how to combat domestic violence more effectively through the following aspects: first, introductory considerations, second, the pre-crime concept and effectiveness of combating domestic violence in Serbia, third, criminal law protection against domestic violence in Serbia, fourth, empirical research of criminal charges filed for domestic violence and murder in partnership and family relations in Serbia; and fifth, conclusion.
Тероризам у кривичном праву: међународни стандарди и право Босне и Херцеговине
Тероризам у кривичном праву: међународни стандарди и право Босне и Херцеговине
(Terrorism in Criminal Law: International Standards and the Law of Bosnia and Herzegovina)
- Author(s):Vladimir M. Simović
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, International Law, Peace and Conflict Studies
- Page Range:134-153
- No. of Pages:20
- Keywords:Terrorism; Criminal offense; Goal; International standards; Bosnia and Herzegovina;
- Summary/Abstract:Terrorism is a multidimensional social phenomenon, and its understanding requires a multidisciplinary approach. Based on numerous universal and regional international documents, Bosnia and Herzegovina, as well as a number of contemporary countries, recognizes the criminal offense of terrorism in several different forms/types of manifestation but with identical content, characteristics, significance, description and legal nature, that is, the goal (purpose). Due to the high level of severity and danger, this is an offense for which sever prison sentences are prescribed. However, for these reasons, numerous preparatory actions which precede the commission of terrorism in general or which contribute to its more efficient, successful, or high-quality execution are also deemed separate criminal offenses. Considering everything that has been said, the author deals with the concept of a criminal offense of terrorism in the criminal legislation of Bosnia and Herzegovina, elements of its existence and its characteristics in the context of international standards.
Рад у јавном интересу - нормативни приказ и прилике у Србији
Рад у јавном интересу - нормативни приказ и прилике у Србији
(Community Service - Legislation and the State of Affairs in Serbia)
- Author(s):Milica Kovačević, Saša Atanasov
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Penology
- Page Range:154-167
- No. of Pages:14
- Keywords:Community service; Short-term prison sentences; Alternative criminal sanctions;
- Summary/Abstract:One of the dominant trends in the criminal law reaction in the modern era is the existence of the broadest possible range of criminal sanctions, which are primarily intended to substitute short-term prison sentences with appropriate alternatives, mainly to avoid several negative consequences associated with the institutionalization. Thus, among the alternative sanctions, the punishment of work in the public interest/community service occupies a prominent place. Community service was introduced into the Serbian criminal legislation in 2006. However, even today, according to relevant statistical data, this punishment does not occupy a significant place among the implemented criminal sanctions. The question arises as to what reasons contribute to such a state of affairs. Some of the problems can be related to the lack of personnel and technical resources, and others to the existence of certain prejudices among the convicted persons and the public. Therefor, the paper is devoted to analyzing the positive legal framework related to the alternative sanction of community service in Serbia, as well as summarizing the factual situation regarding the application of this criminal sanction. The conclusion is that adequate measures have yet to be taken in order to popularize the punishment of work in public interest. Normative-logical, comparative, and the method of descriptive statistics were applied. The goal of the work is to highlight recommendations for the improvement of some future normative solutions. The authors recommend that the law be amended by enabling a broader application of community service order. At the same time, they advocate for the popularization of community service and other forms of alternative sanctions not only among professionals and scientists but also among the general public.
Актуелна процесна питања у истрази као претпоставка ефикасности кривичног поступка у Босни и Херцеговини
Актуелна процесна питања у истрази као претпоставка ефикасности кривичног поступка у Босни и Херцеговини
(Current Procedural Issues in the Investigation as a Presumption of the Efficiency of the Criminal Procedure in Bosnia and Herzegovina)
- Author(s):Sadmir Karović, Marina M. Simović
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:168-186
- No. of Pages:19
- Keywords:Investigation; Efficiency; Criminal offense; Criminal procedure;
- Summary/Abstract:Achieving the highest possible degree of efficiency by subject of criminal procedure in terms of solving specific criminal matters in criminal proceedings is imperative. In this paper, certain procedural issues are raised that directly affect both the timely, efficient and legal conduct of the investigation and, at the same time, the effective conduct and conclusion (outcome) of the criminal proceedings. The investigation as the first phase of the criminal procedure, more precisely the phase of the preliminary procedure, deserves the special attention from the scientific and professional public in the context of reviewing the fulfillment of the qualitative component in the work of the competent subjects of criminal procedure, first of all, the prosecutor as the head (manager) of the investigation, but also other auxiliary criminal procedure subjects (authorized officials, experts, defense counsel, expert witnesses, etc.). In connection with the above, this work incorporates certain questions of a procedural nature that directly relate to the component of efficiency and legality, such as determining the existence of grounds for suspicion that a particular criminal offense has been committed, the prosecutor's assessment and decision on the initiation and implementation of the investigation, the implementation of criminal procedural actions, (not)exercising the right to defense in the investigation, as well as the selection and elimination of illegal evidence as a prerequisite for the effectiveness of the criminal procedure.
(Не)процесуирање кривичног дела пореске утаје као битан фактор пореске дисциплине у Србији
(Не)процесуирање кривичног дела пореске утаје као битан фактор пореске дисциплине у Србији
(The (Non)Processing of Tax Evasion as an Essential Factor of Tax Discipline in Serbia)
- Author(s):Suzana Dimić, Mirjana Đukić
- Language:Serbian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Law on Economics
- Page Range:187-202
- No. of Pages:16
- Keywords:Tax evasion; Prosecution of the criminal offense of tax evasion; Judicial practice; Punishment of tax evaders; Tax discipline;
- Summary/Abstract:Taxation affects the amount of disposable income of taxpayers because it reduces their economic strength. This is precisely why there are different modalities of resistance by taxpayers, who consciously and deliberately undertake certain activities with the aim of reducing or completely eliminating the tax burden. Hence, tax evasion, that is, avoidance of paying taxes, appears as an accompanying problem to the taxation procedure which all modern countries face. The harmful consequences of tax evasion are manifold, the most prominent being a negative financial effects as the state treasury remains deprived of the revenue that would have been collected if all taxpayers had voluntarily and timely complied with their tax obligations. Other effects involve violating the principle of fairness of taxation, creating the unfair market competition among business entities, etc. Tax evasion is among the most serious forms of illegal evasive behavior of taxpayers, incriminated as tax crimes. Identifying factors that influence the decision of taxpayers to fulfill their tax obligations is essential for defining measures to combat tax evasion. With numerous preventive measures and activities, modern states try to encourage voluntary compliance with tax obligations. Thus, for example, tax propaganda affects raising the tax awareness of taxpayers. By presenting the fact that taxation collects funds to finance public goods whose beneficiaries are the taxpayers, taxes become acceptable or at least less "unacceptable" for them. However, implementing preventive measures and activities is not enough to combat tax evasion. Tax discipline, which implies compliance with tax regulations, also depends on applying repressive policies. It includes the system of sanctions taxpayers are threatened with as well as the policy of imposing those sanctions by the competent authorities. Inadequate punishment for tax evasion, as the most severe form of illegal evasive behavior of taxpayers, has adverse effects on tax discipline both from the aspect of special and general prevention. A lenient sentencing policy will act on tax evaders in such a way that they will not be deterred from committing such criminal acts in the future. Also, it will not be a warning to other taxpayers to fulfill their tax obligations in an orderly and timely manner. In this sense, non-processing, and thus the absence of adequate punishment for tax evasion, can produce the so-called effect of emulation on tax evaders. In order to analyze the penal policy for tax evasion in Serbia, A statistical survey of data on the number of reports, accusations and convictions was carried out. By means of analyzing the prosecution of perpetrators of tax evasion (because filling of a criminal complaint does not necessarily mean the initiation of criminal proceedings and its conclusion and adequate punishment) the authors aimed to point out that there is a "long way" from the detection of tax evaders to their adequate punishment.
Нужна одбрана у кривичном праву
Нужна одбрана у кривичном праву
(Necessity Defense in Criminal Law)
- Author(s):Ljubiša Zdravković, Srđan Aleksić
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Comparative Law
- Page Range:203-223
- No. of Pages:21
- Keywords:Necessity defense; Criminal law; Criminal code; Overstepping; Comparative law;
- Summary/Abstract:Necessity defense is one of the oldest institutes of criminal law. It arose very early in connection with the need to justify the immediate protection and defense of one's legal property against simultaneous, undisguised illegal attack. Necessity defense is a legal institute exists in a vast number of criminal legal systems today. At any rate, it presents a general basis for excluding the existence of a criminal offense, provided that the conditions strictly prescribed y law are met in any specific case. An act committed in necessity is not a criminal act. Defense is deemed necessary when the defendant uses force to repel a simultaneous illegal attack on his property or the property of another. In order to assess whether necessity defense or excessive necessity defense took place, it is vital to determine and evaluate not only the proportionality between intensity of the attack and the intensity of the defense but also the means used for attack and defense, the strength of the attacker in relation to the attacker, the real possibilities of the attacked to repel the attack, and other circumstances specific to that case. The defendant who exceeds the limits of necessity defense due to intense irritation or panic caused by the attack, he can be released from the punishment.
О Соотношении понятий эвтаназия и преступление
О Соотношении понятий эвтаназия и преступление
(About the Relationship of the Term of Euthanasia and the Criminal Offense)
- Author(s):Evstegnev Alexey Sergeevich
- Language:Russian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Health and medicine and law
- Page Range:224-232
- No. of Pages:9
- Keywords:The right to live; The right to die; Murder; Euthanasia; Criminal act; Signs of a criminal offense; Illegality; Social danger; Guilt; Guiltiness; Criminal responsibility; Criminal legislation;
- Summary/Abstract:The author examines questions about the relationship between the concept of euthanasia and the crime. The word euthanasia comes from the Greek word euthanasia - eu-good+tanathos- death, which in translation means a good or easy death. In our opinion, euthanasia is the intentional killing of a terminally ill person, who has been informed about the real state and prospects for curing the disease, carried out at the request of the sick person himself or at the request of properly informed close relatives, doctors, as well as others informed about the real state of health of the terminally ill person. A sick person is motivated for euthanasia by compassion in order to get rid of the constant, unbearable physical and psychological suffering caused by the disease that inevitably leads to death. In the paper, the author draws attention to the fact that an incurably ill person, aware of the futility of treating his illness, consciously and explicitly begs to be deprived of his life in order to bee freed from unbearable suffering. While a criminal offense is socially dangerous act committed by the defendant, prohibited by the criminal law under the threat of punishment. After a detailed analysis of the concepts of euthanasia and the criminal act, the author comes to the conclusion that euthanasia does not fall into the category of socially dangerous actions because it is carried out at the expressed request of a sick person, for reasons of compassion, and with the sole aim of relieving the sick person of unbearable pain and suffering. As regards the criminal act, it is committed against the will of the victim fro low motives and, as a rule, has personal, often selfish goals. Based on the results of the analysis, the author indicates that euthanasia is not a criminal offense.
The Criminal Law Protection of Personal Data in Hungary
The Criminal Law Protection of Personal Data in Hungary
(The Criminal Law Protection of Personal Data in Hungary)
- Author(s):Dávid Tóth
- Language:English
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Criminal Law
- Page Range:233-246
- No. of Pages:14
- Keywords:Personal data; Criminal law; Identity theft;
- Summary/Abstract:The title of may essay is "The Criminal Law Protection of Personal Data in Hungary". Personal data has dramatically increased in value over the past century. On the one hand, the state is interested in keeping as wide-ranging records of its own citizens as possible. On the other hand, large global digital companies (e.g., Amazon; Google, Facebook, etc.) appeared, for which the acquisition of personal data has extremely high marketing value. Thirdly, individual and organized criminal groups also want to obtain personal data to abuse it in various ways illegally. That is why it is essential to protect personal data bay administrative and private legal means (e.g., GDPR) and by criminal law. My study aims to review and analyze the criminal law protection system of personal data in Hungary. I examine the regulation of the Hungarian criminal code and its application. I also study the crime forms related to personal data (e.g., identity theft). After the above analyses, I would like to formulate forward-looking proposals for the legislator and law-enforcement bodies.
Злоупотреба службеног положаја или овлашћења
Злоупотреба службеног положаја или овлашћења
(Abuse of Official Position or Authority)
- Author(s):Igor Petković
- Language:Serbian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Criminal Law
- Page Range:247-259
- No. of Pages:13
- Keywords:Criminal offense; Abuse of official position or authority; Legal error; Exclusion of illegality;
- Summary/Abstract:The use of and official position is legally regulated. Its abuse is also legally regulated by the provision of the Criminal Code. Criminal acts against official duty do not use their topicality. Ignorance of the essential elements of these criminal acts and the arbitrary interpretation and understanding of the grounds that exclude illegality are sometimes the reasons for their minimization and wrong subsumption under other types of punishable behavior. In this paper, we will analyze the criminal offense of abuse of official position or authority from Article 315 of the Criminal Code of the Republic of Srpska and consider its relationship with the criminal offense of abuse at work from Article 210 of the Criminal Code of the Republic of Srpska.
Условљеност ефикасног вршења послова полиције сарадњом између полиције и тужилаштва
Условљеност ефикасног вршења послова полиције сарадњом између полиције и тужилаштва
(The Conditionality of the Effective Policing on the Cooperation of the Police and the Prosecutor's Office)
- Author(s):Gojko Šetka
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Criminology
- Page Range:260-282
- No. of Pages:23
- Keywords:Policing; Police; Prosecution; Cooperation; Efficiency; Crime;
- Summary/Abstract:All police agencies aspire to be as efficient as possible in the performance of police duties that contribute to the prevention of crime. The effectiveness of police work depends on a large number of different factors and circumstances. In this paper, attention will be paid to the relationship between the efficient performance of police work and cooperation between the police and the prosecution. In addition to theoretical knowledge on the mentioned topic, the paper will present the results of the research conducted on the territory of the Republic of Sprska from September 2021 to January 2022. The quantified image of the sample consists of 351 respondents. The main hypothesis of this work is that the efficiency of the police work depends on the cooperation between the police and the prosecutor's office, which should be on a higher level than currently is the case. The research was conducted by collecting data using a survey questionnaire, and the following scientific methods were used in the work: content analyses method, statistical method, inductive-deductive method and classification method.
Nasilje u porodici: prekršaj ili krivično djelo?
Nasilje u porodici: prekršaj ili krivično djelo?
(Domestic Violence: a Misdemeanor or a Criminal Offense?)
- Author(s):Milena Aćimić Remiković
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Studies in violence and power
- Page Range:283-305
- No. of Pages:23
- Keywords:Domestic violence; Montenegrin legislation; Misdemeanor; Criminal offense;
- Summary/Abstract:In Montenegrin legislation, domestic violence was not recognized as a separate criminal offense for a long time. The incorporation of domestic violence into the Criminal Code of Montenegro is a kind of confirmation of the inability of the state to effectively and adequately intervene in case of domestic violence, but also the victory of society over the patriarchal understanding of this social phenomenon as a private matter that is kept within the walls of the family home. On the way to a successful fight against domestic violence, the Montenegrin legislature faces a major problem in legislation and practice regarding the treatment of cases of domestic violence, as well as a series of problems that arise on this occasion. There is an overlap between the provisions of the Criminal Code and the provisions of the Law on Protection from Domestic Violence regarding the qualification of acts of domestic violence. This legal solution consequently creates two types of problems: first, which is related to the legislative framework itself and second, which concerns the implementation of existing laws in the field of domestic violence in practice. It is unclear whether the act of domestic violence should be prosecuted as a criminal offense under the Criminal Code or as a misdemeanor under the Law on Protection from Domestic Violence. The analysis of this problem in the article led to the conclusion that domestic violence is often qualified as a misdemeanor because the competent authorities believe that, in this way, they will provide a victim with a procedure that is more efficient and economical than the criminal procedure in which a victim is left without adequate protection during the procedure. The problem also arises from the fact that all judges do not have the same attitudes and understandings regarding domestic violence, and that the different criteria exist among different judges, especially in the form of interpretation of what is considered "severe violence", which is crucial in the qualification of acts of domestic violence as misdemeanors or criminal offenses. Based on the analyses of the legislative framework and the problem of its application in practice, the author concluded that complete harmonization with the Istanbul Convention is necessary, based on which any physical, psychological and sexual violence between family members should be considered a criminal offense. It should clearly and unambiguously define some minor forms of domestic violence as misdemeanors and the rest as the criminal offenses, for which an adequate sanction must be prescribed in order to tighten the penal policy in accordance with international regulations in this field. Also, it is necessary to provide adequate protection to the victims of domestic violence, which the current legal solution does not do. The said measures should be introduced to the legislation to clarify the distinction between domestic violence as a misdemeanor and a criminal offense.
Data Protection Aspects of the Use of Facial Recognition Systems for Law Enforcement
Data Protection Aspects of the Use of Facial Recognition Systems for Law Enforcement
(Data Protection Aspects of the Use of Facial Recognition Systems for Law Enforcement)
- Author(s):Bálazs Gáti
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, ICT Information and Communications Technologies
- Page Range:306-328
- No. of Pages:23
- Keywords:Law enforcement; Data protection; Facial recognition;
- Summary/Abstract:Aim of the research: As law enforcement authorities increasingly use facial recognition technology systems for authentication or identification of persons involved, there is a significant risk to the rights and freedoms of natural persons due to the processing of personal biometric data. Although these systems offer indispensable advantages for law enforcement authorities, compliance with the requirements of necessity and proportionality, as specified in the Directive on Data Protection and the Charter of Fundamental Rights, is essential. This study aims to answer how it is possible to use facial recognition technology systems in accordance with the above requirements, especially in the case of data processing for law enforcement. Methods: The study analyses the European Data Protection Board's guidelines on the use of the facial recognition technology in law enforcement (EDPB Guidelines 05/2022), as well as the Directive on Data Protection to be implemented to law enforcement and the Charter of Fundamental Rights. It also examines the discretionary and sovereign powers of authorities in each member state and the potential applications of facial recognition technology beyond the scope of the Directive, including public safety and commercial aspects. Results: The European Data Protection Board holds that facial recognition technology systems can only be used in accordance with the requirements of necessity and proportionality specified in the Directive on Data Protection and the Charter of Fundamental Rights. However, exceeding the scope of the Directive, facial recognition technologies can serve many purposes, including public safety and commercial aspects. Conclusion: While facial recognition technology systems carry significant risks to the rights and freedoms of natural persons, compliance with the requirements of necessity and proportionality can reduce these risks. Authorities in each member state have different discretionary and sovereign powers, which must be considered in implementing and using facial recognition technology systems.
Безначајно дјело као основ искључења противправности
Безначајно дјело као основ искључења противправности
(Insignificant Offence as a Grounds for Excluding Illegality)
- Author(s):Sandra Srdanović
- Language:Serbian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence
- Page Range:329-348
- No. of Pages:20
- Keywords:Grounds for excluding illegality; Insignificant act;
- Summary/Abstract:The body of rules pertaining to legal grounds for excluding illegality is a dynamic and significant area of criminal law tracing back to ancient sources of law. From time immemorial, human beings have tried to capture the essence of right and wrong and draw the line between the two. Despite all the remodeling in form and content of these legal institutes throughout history, the issue of their substance, legal nature and rules for proper application, which would result in excluding illegality of certain criminal offenses, have posed a challenge to this day. The need to explore legal grounds for excluding illegality is clear, as it is in the interest of every society, including ours, to determine precisely which acts are illegal and punishable, i.e., which acts in a particular society require the response of criminal law. Furthermore, determining unequivocally the grounds for excluding illegality would strengthen legal certainty and the rule of law. After giving a historical overview of the evolution of insignificant act and having outlined the criminal justice legal framework in Bosnia and Herzegovina from the comparative law perspective, the author analyzes the legal institute of insignificant act as a grounds for excluding illegality, its legal nature and some notable differences and provides concluding remarks.
Списак рецензената
Списак рецензената
(List of reviewers)
- Author(s):Author Not Specified
- Language:English, Serbian
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:349-365
- No. of Pages:17
