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Терезин. Из успомена затвореника у Терезину

Author(s): Ivo Kranjčević / Language(s): Serbian Issue: 1-2/2015

Терезин је стара тврђава коју је Марија Терезија саградила на брдунавезене земље... Овај стари војни затвор имао је три оцјељења: друго и треће дјелио је друм, док је прво било одвојено од другог зидом. У првом одјељењу су били затворени истакнути Чеси, у другом Грабеж, Чабриновић и Ђукић, а у трећем Принцип, Стјепановић и ја... Први дани су били страшни. Ништа нисам радио, књига нисам имао, пазили су на сваки наш покрет, нисам могао ни ријечи проговорити ни с ким... Негве тешке, ланац кратак, приликом сваког покрета карике се окретале и рањавале ми ноге. Због тога сам обично сједио... Међутим, из дана у дан стање је било rope. Храна све лошија, оброци све мањи. Преобуку коју смо прије добијали сваких осам дана, сада су нам дијелили сваког мјесеца. Престали смо добијати и сапун, па се нисмо могли ни умивати... На дан шездесетогодишњице владе Фрање Јосипа, управник затвора ми је саопштио да ће мене и Стјепановића ослободити негви, док ће их Принципу задржати, јер - како рече - Принцип не заслужује никакве милости...

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Осуда и рехабилитација Радивоја Бербакова

Author(s): Jovica Trkulja / Language(s): Serbian Issue: 1-2/2015

Радивој Бербаков је рођен 11. фебруара у Кикинди од оца Милутина и мајке Милице, рођене Недин. Од 1932. до 1940. Похађао је основну школу у Кикинди. У 15. години добио је посао помоћног радника у кикиндској штампарији. Еодине 1940. одлази у Београд и наставља школовање у у школи за примењену уметност. Доживео је и преживео сва бомбардовања Београда 1941-1945. Ступио је у VIII црногорску бригаду 15. октобра 1944. и учествовао у борбама за ослобођење Београда и на Сремском фронту. У борбама код Ердевика је рањен 3. Децембра и упућен у армијску болницу у Сремску Митровицу.. Након излечења враћа се у јединицу 9. маја 1945. [...]

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MARGINALIZACIJA DECE KAO POSLEDICA INKARCERACIJE RODITELJA

Author(s): Goran Jovanić,Vera Petrović / Language(s): Serbian Issue: 4/2019

Children whose parents are serving prison sentence are regarded to be collateral victims of crime. A parent leaving for prison sentence serving presents an enforced and potentially unexpected period of family members being separated. Current estimates indicate that there are 1.5 million children in USA whose parents are in prison, whereas the number of children whose parents have been incarcerated at some point of their lives is around 5 million. These children are often neglected and invisible to the system which is supposed to act in their best interest. The existing literature emphasizes that the children whose parents are in prison experience a series of negative consequences. For these children there is a greater chance that they will suffer from a wide specter of externalized and internalized issues. From an ethical aspect, there is a debate of whether the collateral damage of punishment is justified, especially when they impact family members and children of the one who is being punished. Currently more attention is being paid to initiatives and interventions which increase the possibility of maintaining quality contact between the parents and the children where the parents develop and improve their parenting competence. The subject of this research is consequences for the children which arise due to one or both parent serving prison sentences. The aim is to call attention to negative effect of parents being incarcerated, as well as to mechanisms which may mitigate the ill effects of incarceration.

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PRIVATNA SIGURNOST IZ UGLA ZATVORSKOG SISTEMA

Author(s): Husein Ljeljak,Ramo Omeragić,Danilo Mrković / Language(s): Bosnian Issue: 4/2019

At a global level, the private security sector experiences accelerated expansion, followed by the legislator and its editorial policy. When the legal framework is regulated in the right way, the private sector can make a valuable contribution to security in whole. Modern societies, when it comes to punishing law breakers, is increasingly striveing to privatize institutions for the execution of criminal sanctions, as well as state and non-state control mechanisms. In this paper, we will point out the advantages and disadvantages of the penologic security subsystem under the private security sector, as an anticipated solution to the problems faced by the Ministry of Justice regarding the organization, function and legal framework of the prison system, ie the work of criminal justice institutions.

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Socio-Political Appraisal of Community Policing in Nigeria

Author(s): Sarafa Kolawole,Akintola Ismail / Language(s): English Issue: 16/2019

High rate of crime in urban and rural communities call for a review of our approach to crimes fighting and its prevention. Some of the frequently reported crimes are kidnapping, robbery, murder, terrorism, tribal feud to mention but a few. Looking at the prevailing insecurity in Nigeria, adherence to the principles of community policing will help the Nigeria Police Force to overcome the security challenges. The paper reviewed some of the challenges the program faced amongst the Police Force, community, plus those emanating from the government. To overcome these challenges, the paper suggested an integrated effort from these three structures, such as reorientation programs for the police and the community, fighting corruption, and to ensure that the rule of law is obeyed by the police, community and the political leaders. Strategies involve in community policing include community partnership, problem solving and change management. However, in Nigeria, we are saddled with major challenges of policing.

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Perspective on Education and Crimes of Umdurman Women Prison Inmates

Author(s): Maryam Mahmoud Umar / Language(s): English Issue: 16/2019

Crime is a serious problem that affects the life of individuals and the victims. Women who are gentle, caring and nurturing people are increasingly involved in criminal activities. The aim of this study is to examine the relationship between the sampled women offenders of Umdurman Women Prison (Dar Eltaeebat) educational attainment and their crimes. The data for the study were collected from interview schedules administered to a random sample of women prisoners in Umdurman women prison as primary sources. The secondary sources were the prison’s authority records in addition to the books and other sources. The data were analysed using different statistical techniques. The study revealed that Khartoum women offendersb committed various none violent crimes with different rates. It also showed that 73% of them received an education from the least “Khalwa” rudimentary and primary level to higher level. The study observed that the women educational status affect their tendency to commit crimes, and that crime has no profession. The study showed that most of the women in prison were first time offenders.

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Podstęp przy przestępstwie zgwałcenia

Author(s): Radosław Krajewski / Language(s): Polish Issue: 40/2018

Deception constitutes one of the elements of the crime of rape. It consists of different types of behaviour including drug and alcohol use, however, there also such behaviours that may be treated as deception although, in fact, they are not deceptive from criminal-law perspective. There also appear new forms of deceptive behaviour by means of which offenders subject their victims to sexual intercourse or other sexual act. Rape by deception is less frequent than rape with the use of violence or unlawful threat.

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Penalizacja fałszerstwa faktur

Author(s): Janusz Orłowski,Ola Nieczepa / Language(s): Polish Issue: 41/2018

This article discusses new categories of crime under the Criminal Code – material falsity (forgery) and intellectual falsity (false invoicing) of a document in the form of an invoice. The rationale behind the regulations, introduced in 2017, is also scrutinised. The importance of invoices in the practices involving VAT fraud and the penal consequences of their being issued and used fraudulently are also discussed. Special consideration is given to the analysis of a complex issue of concurrent application of the provisions of the Criminal Code and Criminal Fiscal Code (the so called ‘ideal concurrence of offences’). Of importance is also the question of multiplicity of sanctions against the perpetrator under criminal, fiscal criminal and fiscal liability.

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„Dobra śmierć” na tle regulacji prawnych w Polsce

Author(s): Anna Ewa Chodorowska,Joanna Grabowska / Language(s): Polish Issue: 42/2018

The “right to life” of every human being, understood as independent of the will of the legislator, natural law, does not find in the current legal system a contrario, the “right to die”. In Polish law, not all forms of euthanasia are punishable. First of all, euthanasia is forbidden, i.e. killing a second person under the influence of compassion caused by a severe and incurable disease and related suffering, after the thought of art. 150 of the Act of 6 June 1997, the Penal Code. This is a privileged type of murder, i.e. threatened by a more lenient criminal sanction than an ‘ordinary’ murder. For the murder of euthanasia from 3 months to 5 years of imprisonment, however, there is the possibility of extraordinary mitigation of punishment, and even waiving its imposition.

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Przestępstwo „szeptanej propagandy” w świetle wybranego orzecznictwa Sądu Okręgowego w Krakowie z lat 1946–1950

Author(s): Mateusz Woźniak / Language(s): Polish Issue: 4/2018

Polish criminal law of the post-war period was often used by the new Communist authorities as a tool for dismantling and replacing the prior legal and social structure”. One of the legal acts which functioned as the state authority’s instrument, and simplified the construction of a social and economic system based on Soviet examples, was the decree of 13 June 1946, commonly referred to as the “small” penal code, on crimes which were particularly dangerous during the period of reconstruction in the country. Article 22 of the decree penalised the crime of so-called ‘whispering campaigns’. The case law of the District Court in Cracow in the period of 1946-1950 covers a number of proceedings conducted on the basis of article 22 of the small penal code. Herein, over twenty cases are presented among which fourteen defendants were convicted, six were acquitted, and three proceedings were annulled, including two amnesties. The most serious penalty was a sentence of imprisonment for three years and six months, and the mildest was a two-month detention.

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ЕВРОПСКА ЗБИРКА ПОДАТАКА О КРИМИНАЛИТЕТУ И КРИВИЧНОМ ПРАВОСYЂУ: КАРАКТЕРИСТИКЕ И ЗНАЧАЈ ЗА РАЗВОЈ ЕВИДЕНЦИЈА КРИМИНАЛИТЕТА У СРБИЈИ

Author(s): Vesna Nikolić-Ristanović,Ljiljana Stevković / Language(s): Serbian Issue: 3/2013

Crime statistics, despite numerous criticisms and shortcomings, are an important source of data on crime as a mass phenomenon. In addition, police statistics as evidence of the reported crime, in terms of the type and characteristics of recorded criminal behavior and characteristics of perpetrators, provide an insight into the nearest real picture of crime, both at national and international level. The aim of the paper is to present the European Sourcebook of Crime and Criminal Justice as a unified collection of data on crime and criminal justice at the European level. After presenting the background and methodological characteristics of this way of collecting and presenting the data, the statistical data of the Ministry of Internal Affairs of the Republic of Serbia for the period from 2007th till 2011th as an example of the kind of data that were collected for the fifth edition of the European sourcebook of crime and criminal justice will be presented.

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Vojni osuđenici u Kaznenom Zavodu Zenica u periodu 1918-1941. godine

Author(s): Vahidin Mahmutović / Language(s): Bosnian Issue: 23/2019

According to the Law on the Execution of Sentences of Imprisonment, as well as the Bylaw on the roster of detained persons at certain prison facilities, in Zenica prison were primarily assigned prisoners sentenced for the most serious criminal offenses provided by the Criminal Law of the Kingdom of Yugoslavia. However, based on that same Bylaw it was envisaged that in addition to civilian also military prisoners were assigned to Zenica prison, such as the military ranks, corporals, sergeants and civilians serving in the army and the navy, sentenced by the Bosnian Divisional Military Court in Sarajevo to imprisonment, a maximum-security prison and imprisonment of one to five years.

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РЕЦЕПЦИJА „РЕСТОРАТИВНЕ ПРАВДЕ“ КАО ПРИМЕР НЕКРИТИЧКОГ ДИСКУРСА У ПРАВНОЈ СОЦИОЛОГИЈИ: СЛУЧАЈ СРБИЈЕ

Author(s): Luka Breneselović / Language(s): Serbian Issue: 1/2011

The modern agenda of restorative justice has arisen as a critique against the retributive criminal justice. The restorative-justice-movement offers valuable ideas, which can be adopted, rethought and incorporated in any self-aware criminal justice system. Therefore, the fact that there is a raising awareness in many countries for different victim rights and restorative programmes does not by necessity mean that all claims of the restorative-justice-movement are to be accepted and baptised in the near or far future. However, the case of Serbia shows that for some countries the restorative-justice-movement may represent a serious danger: very modern and advanced institutions of criminal justice may be disregarded, while misinterpreted as a barrier to introduction and existence of restorative justice. The purpose of punishment in Serbian criminal law has traditionally been the crime prevention.

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Long-Term Prison Sentence in Bosnia and Herzegovina

Author(s): Dževad Mahmutović,Maja Iveljić / Language(s): English Issue: 2/2018

Criminality as a constant phenomenon in society has also caused a reaction of the society to it. Nowadays, punishment is a dominant reaction. The punishment of deprivation of liberty is prevailing among the sentences in the world and in Bosnia and Herzegovina (B&H). In B&H, deprivation of liberty appears in two forms: imprisonment and long-term imprisonment. The object of observation in this paper is the long-term imprisonment sentence, which provokes objections since its appearance. Most often, objections relate to it as being inhumane and incapable of contributing to special and general prevention. The analysis of the Bosnian-Herzegovinian normative framework (criminal laws and laws on the execution of criminal sanctions) presented in this paper, shows a series of non-harmonization of the norm throughout the territory of B&H, which is unacceptable and needs to be harmonized. These inconsistencies are particularly noticeable in substantive law and criminal law enforcement. For the purpose of this paper and full consideration of long-term imprisonment, an empirical research was conducted, covering 42 persons sentenced to this punishment, from the territory of the Federation of B&H, in the period from 2000 to 2016. With this research, the authors showed the sociodemographic data of the convicted persons, the territorial and temporal distribution of the sentence, and the phenomenology of the crimes for which it was pronounced. Empirical research also showed deficiencies in the recording of personal data on suspects/accused persons in verdicts, which should definitely be obviated.

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Систем извршења казне затвора у Републици Српској

Author(s): Dragan Jovašević,Vladimir M. Simović / Language(s): Serbian Issue: 2/2013

Sentence of imprisonment is the most significant kind of criminal sanctions prescribed under the criminal legislation of the Republic of Srpska. It is rendered for the vast number of criminal offences, indivi-dually, alternatively or cumulatively with fine. This is understandable, sin-ce its purpose is primarily special prevention – prevention of a convict to repeat a criminal offence, by educational and correctional treatments in correctional institutions and, afterwards, a general prevention by deterring citizens from committing criminal offences. The Law on Execution of Criminal Sanctions of the Republic of Srpska gave detailed methods, pro-cedures and conditions for sending, allocating and classifying convicts in correctional institutions, as well as the procedures for executing sentence of imprisonment itself, which is the topic of this paper.

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Заводске васпитне мере у законодавству Републике Србије и Републике Српске – врсте и карактеристике

Author(s): Tatjana Skakavac / Language(s): Serbian Issue: 1/2012

The criminal legislation of the Republic of Serbia and the Republika Srpska handles the position of juveniles by means of a set of particular laws defining this area in a new and more contemporary way. In the Republic of Serbia, this has been achieved by passing the Act on juvenile delinquents and the criminal and legal protection of juveniles (2005) and in the Republika Srpska, the Act on protecting and treating children and juveniles in criminal procedures (2010). Thus an important step has been taken in the process of establishing and functioning of modern countries governed by the law and based on it. Furthermore, the juvenile criminal law has been established as a new branch within the criminal law with a series of important specific characteristics while in line with contemporary legal standards.

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PROBACIJA – TRETMAN OSUĐENIH U ZAJEDNICI: DOSTIGNUĆA, PERSPEKTIVE I MOGUĆNOSTI

Author(s): Milica Kovačević,Marija Maljković / Language(s): Bosnian,Croatian,Serbian Issue: 1/2016

The essence of modern system of social criminality control in an institutional way means searching for alternatives to classical repressive response to this occurrence. The reform of the criminal legislation of the Republic of Serbia by introducing of alertnativ sanctions in order to humanize and rationalize penalty practice included the forming of the Commissioners service which would be responsible for the realisation of these measures. Probation is nowadays a term that is recognized and prevalent in almost all countries of the modern world. It was created in response to dissatisfaction with the results in the field of institutional treatment in prison, but also as an attempt that the process of corrective action in prison should be continued in freedom - in the community. Probation represents a specific attempt to implement in the life the measures and sanctions that are implemented in the community, based on the law and designated for the offenders. It refers to activities and interventions that belong to the control, supervision, guidance, help and support not only to the offender, but also to the victim of the crime. In realization of these activities an important role has probation services.In an effort to familiarize scientific and professional public with the effects of the previous probation in Serbia we shall try to analyze in the work the actual situation and to point out the elements of conflict between vision – commitments set out in a series of the strategic documents related to the revival of so called New system of social response to the criminality and thereof arisen legal and other texts – normative solutions and their application in reality in the region of the Republic of Serbia.

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ПРОЦЈЕНА ОПЦИЈА ЗА УВОЂЕЊЕ ПРОБАЦИЈСКИХ СЛУЖБИ У БОСНИ И ХЕРЦЕГОВИНИ

Author(s): Aleksandra Šatordžija,Dragan Todorović / Language(s): Bosnian,Serbian Issue: 1/2016

In this paper we will deal with an alternative to criminal sanctions in criminal law enforcement of Bosnia and Herzegovina, with special emphasis on the current situation and assessment of options for the introduction of proffesional probation service in BH. The stated is more important if one considers the fact that both entities of BH have shown interest in introducing a probation service, which will oversee alternative sanctions imposed by the court in criminal proceedings. In the samesence, we will display some of the solutions which came to the fore in the neighbour states. In the work we started from the assumption that this analysis could provide the basis for assessment whether out of institutions treatments in BH could help in solving key problems of our criminal justice system, regarding to overpopulation of our criminal institutions and high rates of recidivism.

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PROBACIJA I ELEKTRONSKI NADZOR

Author(s): Vanja Nišić / Language(s): Bosnian,Croatian,Serbian Issue: 1/2016

This paper shall analyse probation as an alternative to prison sentence and electronic surveillance as one of contemporary control methods. More and more often, prisons are seen as inefficient institutions; therefore, it is important to find some solutions in order to make the convicts take the responsibility for their behaviour. In this paper, there are several important measures necessary for achieving the desired result, including: the evaluation of recidivism risk, the efforts for reducing the risk, the affirmation of values, mutual responsibility and respect, the implementation of programs focused on the convict`s offense causes, the realization of provisions related to social support, the help in finding and keeping a job, the cooperation with unions, organizations and other institutions in order to achieve the largest efficiency of probation in practice as much as possible. The goal is to find some adequate alternative measures capable of responding to challenges and issues caused by the criminality, in order to ensure one safe and secure society.

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DEPRIVACIJE-NEŽELJENE I NEMINOVNE POSLJEDICE IZVRŠENJA ZATVORSKE KAZNE

Author(s): Ljeposava Ilijić / Language(s): Bosnian,Croatian,Serbian Issue: 1/2016

The execution of prison sentences, entails from unwanted psychological effects on the convicted person, who is in the literature called deprivations. The literature lists five basic types of deprivation: deprivation of liberty, of material goods and services, hetrosexual contacts, independence and security. Deprivation, although the inevitable product of the execution of prison senteces, represent additional attention, to which the convicted adapt in different ways. Many authors believe that the result of deprivation of internal legality of full functioning of all institutions, but also to hinder or even prevent the achievement of the purposes of the execution of prison sentences. The author analyzes the deprivation and their negative effects both for prisoners, as well as the success of commission of a prison sentence, searching for methods and tools that can affect their mitigation.

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