Odvrátená stránka života mládeže v medzivojnovom období

Author(s): Anna Falisová / Language(s): Slovak Publication Year: 0

Among other goals, the state authorities in the inter-war Czechoslovakia declared their determination to improve the care for children and youth. However, the dark side of life of this part of population was the problem of its increasing criminal activity. Its share on crimes increased sharply during the World War I and this trend did not change after the war, either. On the other hand, children and youth belonged to the most endangered social groups. Efforts of state authorities to change this path did not bring prospective effect. Criminal activities of youth were caused by several reasons. Among the most significant were the failure of parental care, unsatisfactory social-economic conditions or the unsufficient number of voluntary organizations that took care about children and youth.

Pravni okvir Evropske unije protiv organizovanog kriminaliteta

Author(s): Mile Šikman / Language(s): Serbian Publication Year: 0

The European Union has faced the problem of organized crime since its creation in the 1990’s (The Maastricht Treaty) and it has become an ever increasing threat to the security of Member States, and thus affects European Union's activities and policies. As the risk from organized crime had become greater, the Member States developed a stronger response to organized crime. The integrated approach guiding the action of the European Union extends from prevention to law enforcement, including cooperation of Member States, especially the law enforcement agencies, the exchange of information,cooperation between joint work groups, etc. The legal framework of the European Union against organized crime plays the most important role.In addition, the European Union is a pioneer in developing an all-inclusive criminal justice response to organized crime, and through its instruments has to a great extent contributed to the global fight against organized crime. In that sense many standards and policies have been adopted, in particular with the aim of harmonizing the international framework and legal regulations of Member States in the fight against organized crime. The basic instruments of the European Union that deal with the problem of combating organized crime will be presented in the paper, including The Stockholm Programme(2010) and The Action Plan (2010-2014), The Framework Decision of the European Union on the Fight Against Organized Crime (2008) and other decisions (2002, 2003, 2005, 2006, 2007, 2008, 2009), as well as strategies(2000, 2003, 2005, 2010), joint action (1996, 1998), action plans (1997,2000), conventions (1995, 2009), resolutions (1996, 1998) and EU communications(2000, 2004, 2005, 2007).

Примена и одмеравање казне малолетничког затвора

Author(s): Dragan Blagić / Language(s): Serbian Publication Year: 0

General rules on sentencing juvenile detention refer to all those circumstances that influence the sentence, firstly, in the context of its overall minimum and maximum general, and within the limits prescribed punishment for an offense. The use of mitigating and aggravating circumstances, in addition to specific, causes the minor offender in determining take into account all the circumstances surrounding that may affect the sentence to be lower or higher. One circumstances affecting juvenile offender to impose a more lenient sentence within the general minimum and maximum overall juvenile prison, called mitigating circumstances while affecting to impose stricter punishment as an aggravating.All of mentioned circumstances are those that re the most common, the most typical and that, objectively speaking, the most significant factors in determining the penalties in general and juvenile prison. In this regard, it is necessary to expose how and what significance given the circumstances in sentencing juvenile prison, in order to finally achieve the proper purpose of punishment.

Полицијски систем БиХ - од Дејтона до данас

Author(s): Stevo Ivetić,Aleksandar Miladinović / Language(s): Serbian Publication Year: 0

The starting point of this work are the provisions of the Dayton Peace Agreement relating to the establishment of a secure environment in BiH, after which the cross section of the post-war security system in BiH. After that, given the constitutional framework of security and policing system in BiH, from 1995 until today, with all the changes in this domain, including domestic and international initiatives for change (reform). The aforementioned monitors display the relevant parties and actors who take part in what will be called ‘police reform in BiH, with the introduction of the most important elements of the given proposal. It is inevitable that in this segment of the show and the role of the international community and the OHR. At the end, the review of the current legislative and institutional framework of the police system in BiH, as well as suggestions to improve current methods of cooperation of police subjects in BiH.

Dete kao žrtva ubistva u pravu Srbije

Author(s): Dragan Jovašević / Language(s): Serbian Publication Year: 0

Violent offences directed against body integrity of other persons are in¬disputably considered as the most dangerous forms and aspects of criminality. They are known as the offences against body integrity or “blood offences”. Due to its significance, nature, characteristics and consequences, the crime of murder, for which all contemporary legislations prescribe the most severe types and measures of punishment, particularly stands out among these criminal offences. There are three types of murder. They include: 1) ordinary (common) murder, 2) murder committed under mitigating circumstances and 3) murder committed under aggravating circumstances, for which the most severe punishment is prescribed – the punishment of long – term or life – time prison. All contemporary criminal legislations are familiar with various forms and aspects of the crime of murder, depending on the division criteria. Murders committed out of various (different) motives that inspired their perpetrators to cause the death of another person, particularly stand out among other types of murder. Depending on its nature, type, contents and characteristics, perpetrator’s motive, may appear either as an aggravating or as a mitigating circumstance. This paper discusses the term, characteristics, and elements of the crime of murder in the cases when the attribute of child as the element of their description, from both – theoretical as well as practical aspect.

Реформа кривичног законодавства у области сузбијања тешких облика криминалитета у Републици Српској и Босни и Херцеговини

Author(s): Mile Šikman / Language(s): Serbian Publication Year: 0

Serious forms of crime are a term that is more and more used in criminal law reforms. At the same time, this represents one of the most complex issues for at least two reasons: first, the very notion of serious crime is quite questionable and subject to debate on different levels and secondly, criminal incriminations and procedural mechanisms are extremely sensitive areas of criminal and procedural law which encompass serious forms of crime. More¬over, the noted area is under significant influence of the internationalization of criminal law, whereas numerous international legal instruments are treating this issue. In this regard, the paper will present an analysis of the criminal justice response to organized crime and terrorism, as ‘synonyms’ for serious crimes. This analysis will include the development of norms of substantive and procedural criminal law in the last 20 years (since the Dayton Peace Agreement up to present). Special emphasis will be on the period after adoption of new criminal laws and the Criminal Procedure Code (2003), which introduced not only new sanctions, but also established a new concept of investigative proceedings (for investigations) and introduced a new subjects of criminal proceedings. The above mentioned norms (organized crime, terror¬ism and crimes related to it, organized crime groups, terrorist groups, etc.), as well as introducing special investigative actions, are the key components of the criminal justice response to serious forms of crime.

Права лица осуђених на казну затвора у кривичном законодавству Републике Србије

Author(s): Zdravko Grujić,Ivan D. Milić / Language(s): Serbian Publication Year: 0

The authors of this paper critically analyze the norms which regulate the rights of persons sentenced to imprisonment in the criminal executive legislation of the Republic of Serbia which, after the adoption of the new Law on Execution of Criminal Sanctions, in pertinent part changed compared to solutions that are preceded to the applicable law. Volume of guaranteed rights and special rights (benefits) of prisoners, was, on the basis of previous regulations, in correlation with the type of institution in which the prison sentence is executed. The new law, to a large extent, derogated this principle. The paper presents a comparative analysis of the applicable provisions of the previous law on enforcement of criminal sanctions regulating the right of visits and reception of parcels, but also the provisions of the execution of imprisonment for the criminal acts of organized crime that apply in relation to specific categories of prisoners and which are, basically, considerably reduced in relation to the legal rights of „ordinary“ prisoners. In the concluding remarks of the paper authors present the views of the possibilities of realization and protection of the basic rights of the prisoners, as well as on the directions of further development of the criminal executive legislation in this area.

Uvod

Author(s): Author Not Specified / Language(s): Bosnian Publication Year: 0

Silovanje se uglavnom definira kao seksualni odnos ili druga vrsta seksualne penetracije počinjena od strane učinioca tog krivičnog djela prema žrtvi, bez njenog pristanka.1 Razlike u definiranju krivičnog djela silovanja postoje između različitih zakonodavstava, u zavisnosti od poimanja djela koja su ta društva usvojila, na osnovu tradicijskih, kulturoloških i društvenih vrijednosti koje se štite krivičnim zakonodavstvima, što je uveliko uvjetovano i stepenom njihovog razvoja u zaštiti ljudskih prava.

Istraživanje: Percepcija krivičnog djela silovanja i žena koje su preživjele silovanje

Author(s): Brahim Kajević,Dijana Kapetanović / Language(s): Bosnian Publication Year: 0

Istraživanje o percepciji krivičnog djela silovanja i žena koje su preživjele silovanje je provedeno u sklopu predmeta Socijalna percepcija i stavovi na Odsjeku za psihologiju Filozofskog fakulteta u Sarajevu, u periodu maj - juni 2017. godine. Tema istraživanja je izabrana zbog njene važnosti i nedostatka prostora za diskusiju o istoj. Svjetska zdravstvena organizacija potvrdila je da otprilike 10-27% žena tokom svog života doživi seksualno nasilje. Veliki broj žena ne prijavljuje nasilje zbog straha od počinitelja, straha od osuđivanja okoline, stida te nepovjerenja u krivičnopravni sistem. Primarni cilj konstruiranja skala stavova bio je formiranje upitnika sa najpouzdanijim česticama. Sekundarni cilj bio je detektovanje predrasuda u stavovima prema ženama koje su pretrpjele silovanje. Skala se u prvoj fazi sastojala od 62 čestice, koje su nakon istraživanja sužene na 20 čestica sa najvišom pouzdanošću. Skala koja je korištena sastavljena je od tri različite skale koje kao objekat imaju silovanje, žene koje su pretpjele silovanje i stepen empatisanja. Skala se može primjenjivanju u otkrivanju predrasuda, s ciljem njihove korekcije edukacijom.

Bezpečnost a ochrana soukromí při práci s PC a internetem

Author(s): Marek Tichý / Language(s): Czech Publication Year: 0

Znásilnění: kontextuální úvod

Author(s): Kristýna Ciprová / Language(s): Czech Publication Year: 0

The Right Not to Punish

Author(s): Tiberiu Viorel Popescu / Language(s): English Publication Year: 0

No common reasons can be identified for the fundaments of the right to punish, the right not to punish or the right to decriminalize, although, at first sight, the three rights seem to have similar origins. As the right to impose a punishment derives from the law, so a law must also reflect the right to defer a punishment, to waive its application, or to decriminalize a certain conduct. A brief analysis of the right not to punish can also reflect the reason, the conditions, and, possibly, its limits. These can often be arbitrarily interpreted in practice due to reasons that must be identified. An arbitrary exercise of the right to amnesty or to grace, or poor implementation in the Romanian-German law of restorative justice, may have adverse consequences in terms of the safety of social values. To prevent arbitrariness and to ensure social security, the functions of the public authorities play an essential role. At present, only the legislative function generates the law, and the judicial function ensures that the law is implemented or it may order a punishment to be enforced if the law is violated.

Payment Card Frauds with a Hidden Camera, Touch Sensors and a Counterfeit Payment Card and Protection Techniques against these Types of Frauds

Author(s): Gabriela Oškrdalová / Language(s): English Publication Year: 0

rauds with a hidden camera, touch sensors and a counterfeit payment card belong to the basic types of frauds in the e-banking and e-shopping field. The principle of frauds with a hidden camera and touch sensors is the same - by installing of a special equipment to obtain the PIN code. The knowledge of user’s PIN code is not sufficient to abuse the payment card. Therefore these frauds are often combined with a Lebanese loop, a theft of a payment card or with skimming and producing of a counterfeit payment card. Recommendations to reduce security risks are variable. The aim of this paper is to describe payment card frauds with a hidden camera, touch sensors and a counterfeit payment card, identify the usual ways for realizing these types of frauds and its warning signs, create a scheme of the usual ways for these types of payment card frauds, introduce and interpret results of own quantitative research focused on knowledge of these frauds and define the basic recommendations for payment card users, banks and other subjects to reduce security risks connected with using of payment cards.

Kazna maloljetničkog zatvora

Author(s): Ivanka Marković / Language(s): Serbian Publication Year: 0

Juvenile imprisonment is a specific type of prison sentence, which differs in many ways from the other penalties of loss of liberty known in our legislation (incarceration and long-term imprisonment). This is understandable if one bears in mind the fact that it is a sentence which is passed on juvenile offenders whose bio-psychological and social development of personality is not yet completed and who, therefore, can be adversely affected by such institutional treatment. For this reason, the possibility of imposing this penalty is provided only as an exception, if the conditions stipulated by the law have been met. Law on Protection and Treatment of Children and Juveniles in the Criminal Procedure introduced certain innovations in the regulation of juvenile imprisonment and, thereby, caused certain weaknesses that challenge the legitimacy and legality of the new legal solutions.The author of the paper points out all the specificities of juvenile imprisonment, and at the same time critically analyses relevant statutory pro-visions.

Child Sexual Abuse and Presumption of Innocence

Author(s): Silviu-Ștefan Petriman / Language(s): English Publication Year: 0

Child abuse, especially sexual abuse, is regulated by both national and European rules, just as the presumption of innocence is regulated. Minors, being the weak part, need support from the authorities, as the European Court of Human Rights has recommended in cases involving minors, cases that we will refer to throughout this article. On the other hand, the presumption of innocence must not be disregarded, precisely because the latter is a guarantee against arbitrariness. The difficulty of reconciling these notions is also given by the fact that in certain situations of abuse there is no direct evidence to scientifically establish such a fact. Până la rămânerea definitivă a hotărârii judecătorești, prin care este stabilită vinovăția sau nevinovăția inculpatului, legea prevede și posibilitatea luării unor măsuri preventive, care pot fi restrictive sau privative de libertate. Another aspect is represented by the psychology of the minor in his reports, taking into account his age, the education received, especially sex education, given the access to technology existing today among minors, as well as the accuracy of statements and last but not least, the degree contamination of statements by suggestibility. During the criminal process, until the final decision of the court is a difficult road, in which the judiciary, lawyers and psychologists have a difficult mission in finding out the truth, to bring to justice the guilty and if there is no guilt to order the acquittal of the innocent.

Discernment Issues in Context of Juvenile Delinquency

Author(s): Nicoleta-Elena Heghes,Cristina-Gabriela Schiopu / Language(s): English Publication Year: 0

The latest statistics have shown a rise of juvenile delinquency over the the past 10-20 years. Not only the number of offences have risen but also the character of the offences have become more complex. Law enforcement has faced this phenomenon unprepared and it’s systems of penalty, reeducation and social reinsertion of these youngsters have failed in many cases as the approach on this matter has failed to solve psycho-social and familial problems that reside under the behavioral deviation of youngsters. The truth is that dealing with a child in law system has a more complex and difficult elements the need to be considered, unlike adult delinquency. From under 10 years old to 18 or 21 years there is an abrupt and oscillating evolution of the child’s psychology, personality and cerebral physiology with complex influences by near environment, social and familial factors, intellectual and emotional stimulation. Juvenile delinquency needs to be a multidisciplinary evaluation of the youngster and a complex psychological and psychiatric evaluation of the child’s discernment and personality in order to insure a healthy social adaptation and integration of the future adult.

6284 Sayılı Kanun Kapsamında Tedbir Kararlarının Verilmesi Ve Uygulanmasına İlişkin Usul Ve Esasların Değerlendirilmesi

Author(s): Simge Aksu Kayacan / Language(s): Turkish Publication Year: 0

Within the scope of Law No. 6284, it is possible to take a protective cautionary decision with regard to the persons who are protected and a preventive cautionary decision with regard to the perpetrator of violence. The followings are the persons protected within the scope of this Law; the women, the children, the family members and the victims of stalking who have been subject to the violence or at the risk of violence. The followings are the authorities that can take a cautionary decision; the judge of family court, the administrative chiefs and law enforcement officers. The judge of family court can take both protective and preventive cautionary decisions, the administrative chiefs can only take a protective cautionary decision. In cases where delay is considered to be risky, the law enforcement officers can take some of the the protective cautionary decisions identified within this Law which can be taken by the administrative chiefs and some of the preventive cautionary decisions which can be taken the judge. The cautionary decision can be taken for the victims and perpetrators of violence within the scope of this Law upon request or ex officio. The cautionary decision can be taken for a six month period at most initially. No evidence or report providing violence is required in order to take a cautionary decision. The fact that the cautionary decision haven’t been pronounced or notified to those concerned does not constitute an impediment to implement the decision. With regard to the perpetrator of violence who acts contrary to the requirements of the preventive cautionary decision, the preventive imprisonment is ruled by a judicial decision even if the act constitutes crime. In each recurring action contrary to the requirements of the cautionary decision, the period of the preventive imprisonment is increased. But the total duration of the preventive imprisonment shall not exceed six months. The judge has no discretion with respect to decide on the preventive imprisonment in the event of violation of the cautionary decision. In order to decide on the preventive imprisonment, the cautionary decision must be pronounced or notified to the perpetrator of violence including the legal warning stating that in case of acting contrary to it the preventive imprisonment in respect to him will be issued. The cautionary decisions and decisions regarding to the preventive imprisonment may be appealed to the family court by the relevant persons. The decisions on appeal are final. In this paper, it is aimed to examine and evaluate the issues of making and implementing the cautionary decisions, acting contrary to the cautionary decisions, appealing against the cautionary decisions and the decisions regarding to the preventive imprisonment by making use of relevant legislation, scientific studies and judicial decisions, besides addressing and offering solutions to the problems encountered.

Abuse of Office

Author(s): Valentina Avramescu / Language(s): English Publication Year: 0

The paper presents the topic regarding the crime of abuse of office, a crime provided by the current Criminal Code in Chap. II - Offenses service, Title V - Crimes of corruption and service. The paper presents the legal definition of this crime, its legal object, with the two aspects: special and material, the subjects of crimes and criminal participation. It also talks about the constitutive content, consisting of the objective side, the material element of the objective side, the causal link between the action or inaction provided by the legislator and the immediate consequence, the form of guilt in terms of the subjective side, and the forms, modalities, sanctions and procedural aspects of this type of crime.

Crimes which Can Favor the Spread of the SARS-CoV-2 Virus

Author(s): Robert ȘERBĂNESCU / Language(s): English Publication Year: 0

The criminal law is composed of the regulations which are meant to protect the fundamental social values of a society. Also, this branch of the law has the purpose to apply sanctions to crimes committed and to prevent the appearance of future cases. In regards to the current situation generated by the pandemic, the main social value which requires attention is the right for health protection, to be more precise the possibility of an individual to maintain its health without exposure to dangerous factors. As it is the case in every society, there are persons which are not able to understand the danger represented by a certain phenomenon, a similar case which we could refer to is the drug dealing and the illegal human trafficking. These two examples can be compared to the current global pandemic, since they present similarity in the proportion and frequency, at last, the virus being more harmful at this point. When such scenarios become reality the criminal law provides ways of working in order to solve cases that are represented by the misconduct of certain subjects of the law. Considering the present conditions, analysis and therefore, understanding of the regulations provided by the Romanian Criminal Code is necessary in these times of hardships.

Increasing the Quality of Life of the Prison Officers and their Families by Recovering their Work Capacity

Author(s): Carmen Matei / Language(s): English Publication Year: 0

The prison officers belong to a slightly known category, despite the transparency ensured after 1989 both by strengthening the relationship with the media institutions and by organizing the "open days" activities. They work in a closed environment between 8 and 12 hours a day, inconstant interaction with a relatively stable population the size of the administrative-territorial unit of a village type. The working schedule is on the one hand routine, on the other hand impacted by unforeseen situations, from those of major risk to those related to the management of the relationship and communication issues within the groups formed in the detention rooms.The mission is twofold, one side consisting in actions taken to maintain the security and safety of the community and the place of detention, and the other side represent the contribution to the education / re-education of convicts by influencing them, both directly and indirectly. The prison staff is seen as a teaching tool itself, their example being the trigger factor of the prisoners’ desire to change. Taking in consideration the numerical ratio between staff and prisoners, the situations in which one can ‘abdicate’ from the mission are excluded, so that the efficiency of the activity is conditioned by the maintenance of a continuous state of alert.After the working schedule, the prison officers continue their personal life, ensuring adequate emotional support for family members, participating in activities of the group of friends, etc., without projecting the accumulated stress from the workplace. But, intentionally or not, the transfer occurs, so that the effects of working in a closed environment marked by tensions and negative emotional charge are also felt by those close to them.Through their work, the prison officers contribute to the increasing of the quality of life to the community they belong to and the quality of life in detention (ensuring community security, individual and group safety, supporting the educational/re-educational process, ensuring somato-psycho-emotional health, etc.).Starting from this reality, through an opinion poll, we identified some of the needs to recover the work capacity, a necessary step to ensure a quality life for prison staff.