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Decentralized Punishments in Fighting Corruption: Experimental Evidence from Czech Republic

Author(s): Jiří Špalek,Zuzana Berná / Language(s): English Publication Year: 0

The paper presents possibilities and limits of introducing experimental methods in measuring propensity to engage in and punish corrupt behavior. We are inspired by results of the multicultural experiments run to date. Our experiment is inspired by Cameron et al (2009), which took place in Australia, Indonesia, India and Singapore. It takes a form of a simple sequential game in which three players are involved. The decision of each player has an impact on the behavior and profit of the other players. Results of the experiment are in line with results of replicated experiment. We found several differences between the behavior of the Czech and Slovak participants. Particularly, the Czechs seem to be less tolerant to corruption behavior they witness.

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Preporuke za nosioce pravosudnih funkcija - postupanje u predmetima seksualnog uznemiravanja

Author(s): Nenad Galić / Language(s): Bosnian Publication Year: 0

S obzirom na prirodu seksualnog uznemiravanja kao oblika rodno zasnovanog nasilja, te okolnost da se ono najčešće dešava isključivo između osobe koja je uznemiravana i osobe koja vrši uznemiravanje, a bez prisustva drugih osoba, tužiteljice i tužioci se mogu susresti sa brojnim izazovima i poteškoćama u procesuiranju seksualnog uznemiravanja, odnosno prikupljanju i prezentovanju dokaza vezanih za ove predmete. U nastavku su predstavljene preporuke od posebnog značaja za postupanje tužilaca. Odnose se na pojedinačna pitanja identifikovana kao problematična u praksi dokazivanja seksualnog uznemiravanja. Istovremeno, preporuke se mogu uzeti i kao primjeri dobre prakse u postupanju tužilaca s ciljem prevazilaženja poteškoća dokazivanja djela seksualnog uznemiravanja u krivičnom postupku.

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Antologija zla Alije Isakovića u svjetlu poetike svjedočenja

Author(s): Lejla Žujo-Marić / Language(s): Bosnian Publication Year: 0

Alija Isaković`s „Antologija zla“ presents the last war in Bosnia and Herzegovina (1995 – 1995) and shows the position of the victim in the siege of Sarajevo. The main aim of this work is to see Alija Isaković`s „Antologija zla“ through the poetics of testimony. Poetics of testimony is focused on these aspects: the image of history through victim`s perspective, trauma as a consequence of the history, the position of the witness, place and time of witnessing, and the narration- witnessing. Those aspects will be analyzed in „Antologija zla“

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Šibenice v stredoeurópskom kontexte

Author(s): Alica Křápková / Language(s): Slovak Publication Year: 0

The gallows served as a place of execution during the Middle Ages and the Early Modern Period. Although particular states of Central Europe have developed differently, the types of gallows in their territory have surprisingly many similarities. This chapter describes these similar factors, as well as the obvious differences, some caused by the dissimilar process of research. In addition to the gallows typology itself, the chapter also contains other angles that are important in examining gallows. These are mainly archaeological, iconographic, but also written sources. When looking at gallows, it is also possible to explore other interesting aspects, such as distance from the city, visibility, the way to the gallows and so on. It describes the most important researches in Central European countries, the appearance of uncovered places of executions, as well as other archaeological or anthropological findings, demonstrating the specific burial rite of convicted offenders. In some cases, animal bones are found in abundance in execution areas, suggesting the presence of knacker´s yard.

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Popraviště ve vztahu ke krajině na jižní Moravě

Author(s): Jan Velek / Language(s): Czech Publication Year: 0

At present, we are used to perceiving landscapes and significant points in a settlement structure quite differently than it has been for past centuries. The landscape scale and the extent of settlement formations have changed, areas of cultivated fields have changed, and the range of afforestation has changed. There has been a substantial change in the communications network thanks to different modes of transportation, and there have often been substantial changes in the size and modification of water features in the landscape. The original elements of the landscape, which were distinctive for centuries, gradually lost their importance, partly disappeared, or were replaced by other landscape landmarks, with different character and function. Based on the First Military Mapping, which was acquired on the basis of direct observation of real situation in the field, we can derive five basic building types, which were of fundamental importance to the inhabitants of the area as a dominant of the nearby landscape. These are: castle or chateau (mansion seat), church or monastery (seat of ecclesiastical institutions), town hall (seat of administrative power of larger settlement unit), fortification (building element providing security) and execution site (symbol of enforcement). Only a few of this number of execution sites have been preserved in the South Moravian Region as building ruins, few have been identified and documented archaeologically, but these sites are not listed. From most of others, only the place name remained without visible building or terrain tracks. The aim of the research plan is to assess the physical state of preservation of building sites of gallows (or their archaeological relics), possible archaeological research of selected localities and the design of meaningful conservation of the last few torsos of buildings, which in the past played an important role in the everyday life of all residents and in the landscape.

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Viditelnost jihomoravských šibenic

Author(s): Josef Unger,Jan Divíšek / Language(s): Czech Publication Year: 0

For the gallows as a visible symbol of the high justice (“ius gladii”) of the location and as a deterrent memento for criminals, the position was very important so that they could be easily seen from the municipality and from the access roads. The visibility of several other South Moravian gallows (Boskovice, Doubravice, Blansko, Lomnice, Pouzdřany, Vranov nad Dyjí, Znojmo) was newly evaluated. It is clear from the examples with the exception of Znojmo that the monitored gallows were visible directly from the centre of the particular municipality. Visibility from important roads was also significant.

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Jihomoravské šibenice na mapách Prvního vojenského mapování

Author(s): Josef Unger,Alica Křápková / Language(s): Czech Publication Year: 0

The First Military Mapping is an important source for locating relics of execution places. It was carried out between 1764-1768 with subsequent rectification in 1780-1783. Signs for gallows are different. They differ mainly in the colour and type of displayed scaffold. The location of the gallows was determined by several factors. On the one hand, a safe distance to the city had to be kept because of the smell of rotting bodies and also the presence of wild animals around, but it had to be accessible on foot as executions were public events and were watched by crowds. The maximum distance in regard of the terrain could be around 3 km. Places, where according to the First Military Mapping, gallows were situated, were visited, inspected and documented from 2014 to 2019 in order to keep track in the terrain. In total, there are 40 places in cadastres of 35 municipalities. Due to the crop marks and not completely unambiguous localizations, the results may not be final, and it is possible that they will be supplemented by further monitoring.

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Archeologický výzkum jihomoravských šibenic

Author(s): Josef Unger / Language(s): Czech Publication Year: 0

Podoba několika jihomoravských šibenic byla do jisté míry osvětlena archeologickým výzkumem, který v případu tišnovské, ivančické, šatovské a slavkovské, měl character soustavného výzkumu, který odkryl jen vlastní stavbu šibenice a nejbližší okolí. U Lomnice a Vranova nad Dyjí šlo jen o drobnou sondáž. Přesto se podařilo upřesnit, nebo i zjistit půdorys šibenice, získat datovací materiál a zařadit je do systému středoevropských šibenic.

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Patologické nálezy a anatomické variety na kosterních pozůstatcích z moravských šibenic

Author(s): Robin Pěnička,Tomáš Mořkovský,Martin Čuta / Language(s): Czech Publication Year: 0

This chapter focuses on the peculiarities of the skeletal system in form of anatomical variations and pathologies from the sample of skeletal remains from various archeologically surveyed Moravian gallows. Apart from common variations some rare variations of the skeletal system were observed and described in detail (os bregmaticum, spina bifida atlantis anterior et posterior). Observed pathologies included evidence of trauma and infectious diseases. The most commonly observed instances of trauma were fractures, which originated (with high probability) perimortem – i.e. around the time of death. From the nature of the majority of the fractures we can presume that some of the convicts were subject to aggravated capital sentence in form of breaking with the wheel. In case of two tibiae affected by infection the internal structure of the bone was assessed. Evaluation of the medullar cavity development and remodeling using 3D models of affected bones brought new information; however, a final decision on whether syphilis was the originator of infectious disease traits on a tibia from Slavkov gallows is not yet possible.

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Социальные перманены и вызовы законодательству

Author(s): Anna Mantarova / Language(s): Bulgarian Publication Year: 0

The purpose of the proposed work is to trace the relationship between crime and the dynamics of the social situation, emphasizing the importance of law as the main normative system. The main research method is the analysis of statistical information on the state of crime for a relatively long period, analysis of changes in legislation and comparison of two processes. The report analyzes two specific social situations - the transition from a one-party political system and centralized planned economy to a multiparty political system and market economy and the period of the pandemic of COVID 19. Parallel tracking of changes in society and in the regulatory framework clearly shows the connection between them. It is concluded that in the conditions of dynamic social changes, the timeliness of changes in laws, their adequacy to the real social situation and scientifically based forecasts of its development are of key importance for the state of crime.

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Узроци, последице и изазови старења затворске популације

Author(s): Vladimir V. Veković,Violeta V. Ćulafić / Language(s): Serbian Publication Year: 0

The aging of prison population is a planetary phenomenon that should be observed in the context of the accelerated aging of the total population at the turn of the 2nd and 3rd millennium. Also, the increase in number of elderly prisoners resulted partly from the changes on the legislative level, as well as in the area of criminal prosecution and sentencing. Namely, with the aim of more successful control of crime, in 1980s and 1990s in the USA (and later in other parts of the world) an approach was promoted that involves the adoption of stricter laws, the prescription of high special minimum prison sentences for numerous crimes, the impositions of long sentences and restrictive enforcement, early release, introducing the practice of sentencing returnees convicted of a third serious crime to life imprisonment without the possibility of parole (three-strikes and you're out), etc. Given that prison sentences, if they are imposed en masse and last unreasonably long, result in the aging of the prison population (silver tsunami) and a series of unfavorable social, ethical, health and economic consequences, the awareness of the necessity of articulating a new paradigm of combating criminality has gradually matured, This qualitatively different approach includes more frequent application of alternative sanctions, reduction of incarceration, revision of harsh practice of imposing long sentences and easier approval of parole and compassionate release of older prisoners (back-door strategy) who do not pose a high security risk. Along with the development of policies and strategies to reduce the incarceration of the elderly, it is necessary to design and implement action programs aligned with their specific needs, as well as the highest international standards. This will make the prospects for re-socialization and social reintegration of the members of this vulnerable group much more realistic, and at the same time relieve the prison systems which, due to the numerous problems they have faced during the last decades, are on the verge of collapse.

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Савремени приступ писмености и неписмености као класичним криминолошким темам

Author(s): Marina M. Simović,Miomira P. Kostić / Language(s): Serbian Publication Year: 0

There is no consensus in the criminology literature on how education can influence the expression of delinquent activities (pessimistic and optimistic currents of opinion), although statistics show that delinquents include a large number of those with low education and a lower level of culture. The authors first pointed out the explanation of the concept of literacy/illiteracy. Literacy is the ability to use available systems of symbols, which are the basis of learning and teaching, for the purpose of understanding and composing, or for the purpose of compiling communicative meaning and knowledge. Literacy is a boarder concept than the printed word, which is read or written. It is shaped by context, participants and applied technologies. Today's context encompasses the development of technology, along with visual. audio, gestural, spatial, or multimedia discourse. Some scholars claim that, from historical point of view, there has always been some crisis moment in literacy. Taking into account the tradition, criticism and approach to literacy, UNESCO documents identify four areas of understanding literacy: literacy as an independent set of skills,; literacy as something that is applied; practiced and is an established condition; literacy as learning process; literacy as text; word content. By pointing out the statistical prevalence of illiteracy among the population in Serbia and criminological observation of the relationship between illiteracy and delinquency, the authors also refer to the provisions of the Law on Gender Equity, adopted ion 20 May 2021 in Serbia, which raised a number of questions in domestic public regarding the application of this law, especially the part related to the use of gender sensitive language. The subtlety of conflicting argument that are for and against certain legal solutions related to the use of gender-sensitive language indicates the strength of scientific and professional wealth of linguistic knowledge that, in accordance with our own preferences, we may or may not accept. But, for this very reason, the authors encouraged by the diversity of the power of argumentation, return to criminological beginnings of one of the most important requirements for human survival - literacy.

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(Не)адекватност државне (ре)акције на криминалитет - сузбијање криминалитета

Author(s): Sadmir Karović,Marina M. Simović / Language(s): Serbian Publication Year: 0

An efficient and energetic fight against all forms of crime requires appropriate legal solutions of material and procedural nature as a necessary condition for achieving the expected results of criminal justice. New phenomenological forms of crime, and especially specific forms of organized crime, inevitably require the adequacy of primarily institutional and non-institutional state response to crime in relation to timely, efficient and legal detection, investigation and proof of crimes. The introduction and prescribing of proportionate legal solutions of a material and procedural nature in relation to crime, directly affects the efficiency of criminal justice. In all phases, the conduct of the main and secondary (auxiliary) criminal procedural subjects in the criminal procedure of Bosnia and Herzegovina is directly determined and conditioned by restrictive legal conditions. This paper addresses crucial issue related to the (in)adequacy of the state response to crime with the aim of recognizing and identifying problems related to the complexity of detecting, investigating and proving criminal offenses.

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Пореска превара у вези са порезом на додату вредност - критички осврт на ново кривично дело

Author(s): Vanda Božić,Suzana Dimić,Mirjana Đukić / Language(s): Serbian Publication Year: 0

In the paper the authors pointed out the tax, financial and criminal aspect of the new criminal offense "Tax fraud in connection with value added tax" prescribed by Art. 173. 1. of the Law on Tax Procedure and Tax Administration (ZPPPA) as a blanket regulation in relation to the General Criminal Code. The paper is divided into three parts. The first part refers to the value added tax (VAT), the second part covers the criminal material, and the third part the criminal procedure aspect of the tax fraud related to the value added tax. The amendments to the ZPPPA deleted criminal offense "Unfounded disclosure of the amount for tax refund and tax credit", which was replaced by "Tax fraud in connection with value added tax". In relation to the mentioned new criminal offense, there was an expansion of criminal responsibility as well as harmonization with the criminal offense of tax evasion (Criminal Code). The authors point out the possible problem of delimiting the intention of the tax-payer, whether it is aimed at tax evasion or the intention to commit fraud with VAT, especially when presenting fictitious invoices.

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Захтјев за заштиту законитости у прекршајном поступку

Author(s): Ljubana Sladić / Language(s): Serbian Publication Year: 0

The request for protection of legality is one of the extraordinary legal remedies which exist in the misdemeanor legislation of the Republic of Srpska. The method of its legal regulation causes a lot of problems in practice because the text of the misdemeanor law only refers to the similar application of the provisions of the Law in criminal proceedings, in which there is an extraordinary legal remedy of the same name. Of course, despite many similarities between criminal and misdemeanor proceedings, there are differences between them too and due to these differences, excessive reference to similar application, which is present in a large number of cases and which is confirmed by the way this extraordinary remedy is regulated, should not be allowed. What are the shortcomings that may occur in the misdemeanor practice in the mentioned similar application of the provisions of criminal procedure law, and who can file this legal remedy in the misdemeanor procedure, within what period, in what way and under what conditions and how the procedure progresses, are the questions which will be answered in the remaining part of the paper.

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Adoption as a Mode of Committing Child Trafficking

Author(s): Dóra Ripszám / Language(s): English Publication Year: 0

Illegal adoptions violate numerous child rights norms and principles, including the best interests of the child, the principle of subsidiarity and the prohibition of improper financial gain. Specific supply and demand conditions prevail in the adoption market. On the demand side are solvent parents awaiting adoption, who often want to have a child in this way because of their infertility and are thus willing to make a high price/sacrifice. On the supply side, we can distinguish two groups. One group is made up of parents who, for various reasons, are unable to raise their child. They give up all their materials for their child without consideration. The other group is made up of parents who, although not free, are willing to hand over their already born child above a certain price. Whenever illegal procedures are used during an international adoption, the child's identity is likely to be compromised. In the case of child trafficking, for example, children lose their knowledge of their fraud, ethnic roots and medical history forever.

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MODERNÉ TECHNOLÓGIE V BOJI PROTI KRIMINALITE: MESTSKÉ KAMEROVÉ SYSTÉMY V ČESKEJ REPUBLIKE

Author(s): Martin Kovanič / Language(s): Czech Publication Year: 0

Modern technologies in the form of public camera systems have become an integral part of Czech cities. They are being used to reduce crime and are constantly expanding with the help of government funding. This happens despite the fact that empirical testing of such systems shows only limited benefits in the fight against crime. The aim of this paper is to map the use of modern technologies to combat crime in the largest cities in the Czech Republic. The paper first presents legislative framework of their use and also clarifies justifications and processes of their implementation. The research was carried out by means of information requests sent to selected municipal police and subsequent descriptive analysis of the number of cameras and indicators of their effectiveness. The main finding of the paper is that Czech cities use tens to hundreds of public cameras within public camera systems, despite the fact that in many cases, they do not even record the basic statistics on which their effectiveness could be examined.

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Inspecting and Scrutinizing Crime Rates along with Violence Against the Person Rates As Well As Their Antecedents in London with Supervised and Unsupervised Machine Learning Algorithms

Author(s): Özerk Yavuz / Language(s): English Publication Year: 0

“Somebody has to spend the money for businesses to boost their sales revenues and hire people. That would end the recessions and unemployment. These are the rules of the game in 21st Century Business Landscape. Hope I hit the jackpot and be a lucky star for contributing to a sustainable economy with my spendings some day.”

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Yeşil Aklama: Kuramsal Çerçevesi ve Muhasebe Boyutu

Author(s): Gökçe Sinem Erbuğa / Language(s): Turkish Publication Year: 0

Today, environmental crimes have started to take place in the agenda of both for businesses and states. Greenwashing, as one of the environmental crimes, has started to take place more in the literature as an accounting fraud, especially during and after the pandemic period. Greenwashing represents a contradiction that occurs as a result of the differentiation of an officially declared behavior from the current/actual behavior in company reports. Greenwashing is expressed as the fact that the business carries out its activities in the form of insensitive to the environment or creating a negative externality, although it draws an environmentally friendly image in its activities. Greenwashing, which causes businesses to gain unfair competitiveness, profit and corporate image, is a kind of accounting fraud and should be examined as a fraudulent financial statement crime. Besides, greenwashing is highly parallel with money laundering. In both types of crime, perpetrators launder the proceeds of crime they have committed and redirect them to the financial system. In addition, in order to hide the criminal activities in both types of crime, the perpetrators establish front businesses that do not engage in any trade or production activities and transfer funds through these companies. Examples of greenwashing are frequently encountered in every sector. In this study, the greenwashing actions have been discussed and the paradox of these actions has been evaluated. In addition, in order to prevent greenwashing some recommendations were made.

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Elektronik Sivil İtaatsizlik Bağlamında Hacktivizmin Meşruluğu Üzerine

Author(s): Özlem Çetin Öztürk / Language(s): Turkish Publication Year: 0

As digital tools have been used to protest and influence policy, activists' repertoire of collective action has changed. Hacking is one of the forms of action used by activists. The use of hacking as an activist tactic with a political motivation is called hacktivism. However, as the act of hacking crosses legal boundaries, the legitimacy of hacktivism and the contexts in which it can be understood as an acceptable form of activism are debated. Some studies of the legitimacy of hacktivism highlight the relationship between hacktivism and the concept of civil disobedience. The fact that civil disobedience is a type of action based on deliberate disobedience of the law for political and social reasons brings to the agenda that the illegal aspect of hacking can be treated as disobedience to the prohibition of access to digital systems. This has led to the conceptualization of hacktivism as a politically motivated act of hacking as electronic civil disobedience. This study examines the context in which hacktivism can be understood as a form of electronic civil disobedience and its legitimacy as electronic civil disobedience. To this end, the paper first discusses the conceptual treatment of hacktivism with historical examples and then discusses the theoretical treatment of civil disobedience in the context of its legitimacy. Finally, the concept of electronic civil disobedience and the limits of evaluating hacktivism on a legitimate ground are revealed. Conceptually, the study argues that hacktivism, as the transfer of civil disobedience into virtual space on a legitimate ground, should be considered electronic civil disobedience.

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