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The article analyzes the legal principles of activities related to victim logical prevention of crimes in penitentiary institutions identifies problem issues in the identified subject of research and develops scientifically substantiated ways of their solution in essence.
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The paper deals with the issue of the psychoactive substances use prevention and resocialization of juveniles convicted and the role of personal constructs in this process. It is proved that facing danger, threat or a challenging event motivates individuals, juveniles convicted, to adapt or reduce stress by use of coping strategies. Among the coping resources authors consider personal coping resources, in particular, perceived self-efficacy, a personal sense of control, and selfregulatory efficacy. From a social-cognitive viewpoint, the key ingredients of any psychological treatment in the psychoactive substances use prevention should be the identification of high-risk situations that stimulate psychoactive substances use, the development and cultivation of perceived self-efficacy, and the application of adequate coping strategies.
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In the article, on the basis of the analysis of theoretical approaches concerning the content of the concept "person of the offender", the author's variant is formulated and the criminological characteristic of the system-forming features that make up his content is made, and his theoretical and practical significance is proved.
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In the present scientific paper, the author investigates the understanding of the victim conduct of a human in general and that of the convicted persons, who became injured due to the crimes committed, in particular, at the penitentiary facilities. The author states that the victim conduct mechanism holds an essential place in the crime genesis, and this covers the conduct of a human, a guilty person, a situation, in which the person becomes the victim of the crime, its direct causes. Concluding, the author states that, first, in accordance with the results of the present studies the victim conduct may be a conflict one, a provocative one and a thoughtless one; second, the position of the potential victim of the criminal intention, his/her life, specific features of conduct together with the victimologic situations and prerequisites of relationships with the potential offender may favor the origin of the criminal intention in the person's consciousness, stimulate its antisocial attitude and choose the way of committing the crime
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Banditry is a social phenomenon that begins from the first periods of history to the formation of civilized societies. Banditry is a phenomenon raised by powerless state structures. Economic and social laws become invalid in times when the central state power becomes weak for a variety of reasons; all kinds of injustice goes on. The collapse of the central state authority increases the persecution and injustice. Such adverse conditions cause the emergence of banditry, a form of insurrection and insurrection in society. The unfavourable behaves in the local government units also encourage banditry activities. Particularly where the rulers are from the local population and some complex local relations exist, the regions are most favorable for banditry. As long as these regions are socio-economically backward and far from the central authority and remain indifferent, feudal forces have a high capacity to direct the people and the influence of central state policies is low. In these precapitalist and territorial governed areas, permanent competition among the leading indigenous families of the region creates a natural demand for bandits and gives them a political importance. Therefore, the feudal authorities holding the local government, rather than having to compromise with the bandit; they benefit from it.
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The article shows that some theories of moral evil, formulated in different theoretical approaches, are complementary and can be integrated. It also indicates the explanatory value of the analysis of moral evil in the context of the phenomenon of the – so called – evolutionary lag and the specificity of the two systems of moral cognition: intuitive and reasoning one. The synthetic juxtaposition of the theories of different provenience provides additional support for theses that have been – more or less directly – formulated within their frameworks. The most important of these are the following claims (1) there is a tendency to gain resources at the expense of individuals considered (and labelled) as “strangers” (2) the use of cultural tools weakens the natural mechanisms of blocking aggression (2) ideologies or specific language practices facilitate violence against strangers. The article points out also possible solutions to the described problems related to evolutionary lag.
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The purpose of the article is to theoretically outline the problems of language categorizations made on the basis of the Penal Code currently in force in the Republic of Poland. The research hypothesis is expressed in the statement that these categorizations take place both in accordance with the classical model, referred to as the Necessary and Sufficient Condition Model, and in accordance with the prototype model adopted in the framework of cognitive linguistics. Legal concepts can therefore have the character of fuzzy sets (without clearly delineated boundaries), as well as binary sets (assigning their elements on an either-or principle). The research methodology is a linguistic methodology and the subject of research is the contemporary language of law. The work falls within the framework of a relatively young research field, which is jurislinguistics.
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Group sexual harassment in the Arab World, so called taharruš, has reached an extraordinary extent in recent years. The problem remains unsolved despite various state actions and social initiatives. The text argues that the failure of the initiatives and information campaigns results from the fact that those actions and initiatives locate the causes outside the cultural and religious system, while it is the social structure itself, maintained by the universal nomos of religion and culture, that generates sexual frustrations which are in turn being vented in a manner combining elements of teasing and aggression. This is the second part of the text—the first contained a presentation of the problem, this part offers its analysis and explanation.
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This article discusses the recent emergence of practice skills or ‘core correctional practices’ as a focus for research and staff development in probation work. Starting with the gradual discovery of an empirical approach to practitioners’ use of skills, the article reviews recent research on the nature and impact of skills in effective practice and argues the case for their development as a key strategy for improving probation services, provided that management systems adapt to recognise and encourage them.
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The subject of this study is the institution of the legal obligation to repair damage, which was introduced into the Polish law system together with the passing of the current Criminal Code (hereinafter: KK'97). The institution of the criminal law obligation to remedy the damage resulting from a crime regulated in KK'97 is a part of the broader context of changes in the criminal law paradigm, taking into account the indispensability of the protection of victims' rights in the criminal process, under the influence of victimology and the idea of restorative justice. This means, among other things, that the perpetrator is obliged on the basis of the court's judgment, at the request of the victim or a person representing him or her or by the regulations of the law, to repair the damage caused by the particular act. This paper discusses the following issues in the science of law: Obligation to compensate for the damage caused by a criminal act in the Criminal Code of 1932 and 1969, International legal context of regulating the perpetrator's obligation to repair the damage done to the victim and caused by crime (article 46 of KK), Obligation to compensate for the damage caused by a crime in the light of the provisions of KK'97.
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The formation of voluntary submission to penalty in the years 1997 to 2016 was discussed in this article. This concept is based on so-called procedural agreement made between procedural parties with court approval. It is aimed on reduction criminal process and it assume an increase of parties impact on court decision. The necessity of distinguish formal and substantive requirements concerning motion of the accused from the conditions for including the application to be taken into account by the court is paid here.
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Crime with elements of violence committed within a family or romantic relationship attracts significant amount of public interest which is further reflected in more intense legislative actions. Beside criminal justice protection in the Republic of Serbia, the system of measurements of protection against domestic violence and violence in relationships was expanded to family law protection with passing of Family Law in 2005. Additionally, in 2013 Serbia ratified the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence from 2011 (Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, CETS No. 10). The latest set of measurements in this field was adopted in 2016, when the Parliament passed the Law on Prevention of Domestic Violence which took an effect in June 2017. Passing, amendments and supplements to the legislative matter introduced measurements based on multi-sector cooperation of appropriate institutions. None the less, significant issues in their application persist. The consequences of punishment and segregation for this sort of crime reflect the entire family relationships, the punished person but also the children, as well as the direct and indirect victims of the criminal act, but also of the criminal law reaction itself. The aims of this paper are directed towards exploration of the controversial legislative solutions, penal policies, issues in prison sentence serving in Serbia which are additionally multiplied when it comes to this group of convicts. The goal is also to stress the lack of communication within the state’s systems which, at times, results in untimely and inadequate reactions. On the other hand, we shall endeavour to point out some examples of a good application in foreign practice, especially in the domain of cooperation between institutions, their manner of reaction as well as the application of specialized treatments towards the offenders.
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Violence against women and domestic violence is a topic that is very current, and taking into account the current legal framework, acts of domestic violence as a type of crime are legally regulated and sanctioned. Any type of behavior, which has a form of violence, is, in the current legal regulations in the Republika Srpska, unacceptable and constant work is being done to improve legal solutions and normative frameworks in order to prevent it in practice and stop it as much as possible. Recognizing that domestic violence, in most cases, affects women, and in order to improve and strengthen mutual cooperation in the protection, assistance and support of victims of domestic violence, a multi-sectoral system of support and protection of victims is very important. When it comes to legal procedures for the protection of victims of domestic violence, ie actions and cooperation of Republika Srpska institutions in the mentioned cases, the domestic entity legal and strategic framework is very high quality in this area of activity, which will be described in detail in the paper.
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The fight against various types of unacceptable behavior of children and minors has been especially present in the last hundred years. Here, we primarily mean the behaviors that led to the commission of criminal and misdemeanor acts, while the topic of preventing such behavior is present in the field of theories of criminal law, psychology, and pedagogy of a younger date. However, it is essential and increasingly relevant. The family, and especially the school, represents an environment in which the socio-emotional development of the child can be monitored, i.e., in which particular socio-emotional needs of the child that are not met can be noticed. Given that the consequences of long-term neglect of these needs can lead to the risk of the child becoming a perpetrator or victim of violence in their environment, it is essential to inform teachers systematically, and professional associates about ways to recognize and respond to certain behaviors in children point that some of the child's needs are not being met. The Sarajevo Canton has implemented a program for recognizing and protecting children from risk factors, which includes a methodology for recognizing, monitoring and responding in cases of recognizing some forms of behavior that may indicate the risk that some of the children's needs are not met and that this may lead to behaviors in a misdemeanor or criminal offense. This Program, after a series of interventions and recommendations, was renamed the Program of(secondary) prevention of unacceptable forms of behavior and protection of students in primary schools in Sarajevo Canton. Precisely because of its importance, adequate prevention, and fight against juvenile delinquency are the topics that the authors deal within this article, trying to point out the importance of a systematic approach in preventing such behavior and the adequate intervention if such behavior occurs. The authors describe the importance and types of prevention, make an overview of this Program, pointing to the subjects and their roles in this Program, as well as the presenting process and its implementation.
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Family is an important factor that affects the development of personality and the socialization of the child in general. The structure of the family is an important prerequisite for its functionality, because disorders in the structure of the family often have a negative impact on the entire family system. There are numerous studies that indicate that the socio-economic situation within the family is an important factor that can influence the occurrence of criminal behavior among young people. For this reason, we wanted to investigate how the structure of the family and socio-economic characteristics, as well as their relationship, are actually indicators of the creation of risky situations that can affect the occurrence of many forms of deviant behavior in children and youth. This research starts from the dilemma of whether children from incomplete families and poorer socio-economic conditions are at higher risk of exhibiting some form of deviant behavior.
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Domestic violence was introduced into the Criminal Code of the Republic of Serbia in 2002, first by incrimination in Article 118a, but with the adoption of the new Criminal Code, which began on January 1, 2006, this offense is regulated in Article 194 in the group of crimes against marriage. and families. By amending the legal text, this work underwent several changes and additions until its positive application, without modifying the basic conceptual norms, but in sharpening its punishment. The incrimination of acts of domestic violence and the determination of basic and more severe forms is an indicator of the legal system that the family is protected as a basic value of human society. As a lex specialis in the sense of detailed incrimination of this act, and especially in the contribution of its prevention, in 2016, the Law on Prevention of Domestic Violence was passed, which applies only to adult perpetrators. Analyzing the texts on the criminal offense of domestic violence, one gets the impression that the perpetrators of this offense are most often adults, spouses, men, and even women, so the question arose whether minors appear in the category of perpetrators of domestic violence, bearing in mind that by logic things most often occur in the role of victim. However, the statistics showed astonishing data regarding the fact that juveniles appear as perpetrators of this crime, and if we take into account the fact that parents rarely report their child as a perpetrator of domestic violence, as well as that they rarely join the criminal proceedings later. persecution, one gets the impression that the gravity of this crime committed by the juvenile is even greater. This is supported by the fact that the dark number of juvenile perpetrators of domestic violence is expressed, and that both statistical data and official reports are not sure and one hundred percent indicator of the representation of minors as perpetrators of this crime. The author briefly reviews the norms of the criminal offense of domestic violence in the Criminal Code of the Republic of Serbia, while the essence of the paper is based on a statistical analysis of the number of reported, accused and convicted juveniles for domestic violence within ten years, as well as criminal sanctions imposed on them for this crime, on the basis of which conclusions are made regarding the representation of minors as perpetrators of this crime.
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The paper focuses on the phenomenon of borderland shuttle trade across Russia’s borders with Estonia, Latvia, Lithuania, and Poland. I argue that borderland shuttle trade is more sustainable in comparison with long-haul shuttle trade, as the former gives entrepreneurs more flexibility, involves fewer transaction costs, and can rely on the extensive support of borderland communities. At the same time, it has some specific vulnerabilities, and its susceptibility to customs control and reliance on overloaded border crossing infrastructure are among the most important. Contrary to beliefs about contemporary states’ inability to exercise efficient control over informal cross-border flows in the age of globalization, this research demonstrates that over the course of time, states may be at least partially successful in suppressing informal cross-border trade. Ultimately, cross-border shuttle trade has proven to be vulnerable to more and more targeted restrictions and control practices. Still, it has also proven to be highly resistant to governmental crackdown in various ways, such as buying fuel from longhaul truck drivers or switching to trade in non-excisable goods or to low-penalty cigarette smuggling. The latter practice illustrates that shuttle trade is only part of the flexible informal cross-border economy and that it can be transformed into low-penalty smuggling when needed.
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The question “Whither Eastern Europe?” prompts the author to reflect upon the interplay of area studies and political power in the United States. Concerns about the future of East European studies tend to originate outside of academe: in the real or imagined declining relevance of Europe in the U.S. foreign policy orbit. Sadly, perhaps, as the region’s complex history and contemporary politics seem to attest, it is highly unlikely that it will lose its strategic importance anytime soon. Therefore, the most important dimension of East European continued significance might be the normative one. Whither to/for whom? Who are the audiences that we are addressing and what is our responsibility to them?
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The article is dedicated to examining an issue of the welfare conditionality of establishing the criminal liability for the unpromised concealment of an offence. The author has indicated socio-psychological, criminological, and normative factors of the welfare conditionality. This has enables to make a conclusion about the expediency of criminal liability for the unpromised concealment of an offence because its social danger manifests itself in counteracting the quick, full, and comprehensive pre-trial investigation, the timely detection and criminal prosecution of persons convicted of offences. The aforementioned factors foster the decrease of legal protection of citizens, the appearance of the sense of impunity, and impede the timely compensation of a property damage and moral injury inflicted by an offence.
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