
Anklageschrift
Anklageschrift gegen Jacek Kuroń, Adam Michnik, Henryk Wujec, Zbigniew Romaszewski; angeklagt des Verbrechens nach Art. 128 § 1 StGB in Verbindung mit Art. 123 StGB.
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Anklageschrift gegen Jacek Kuroń, Adam Michnik, Henryk Wujec, Zbigniew Romaszewski; angeklagt des Verbrechens nach Art. 128 § 1 StGB in Verbindung mit Art. 123 StGB.
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Miodrag Milic arbeitet derzeit an einem umfassenden, dreibändig geplanten Werk über die Geschichte der jugoslawischen Revolution. Die Manuskripte dieses Werkes stellen einen wichtigen Teil der Anklage gegen ihn dar. Im folgenden bringen wir kürzere Auszüge aus seiner Verteidigungsrede.
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1.) Trimitere preliminară – Fiscalitate – Taxa pe valoarea adăugată (TVA) – Directiva 2006/112/CE – Articolul 41 – Achiziție intracomunitară de bunuri – Loc – Lanț de operațiuni succesive – Calificare eronată a unei părți a operațiunilor – Principiile proporționalității și neutralității fiscale. HOTĂRÂREA din 7 iulie 2022 în cauza C- 696/20 (ECLI:EU:C:2022:528), în procedura.
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The text present some Court of Justice of European Union decision on preliminary ruling requests related to VAT.
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The Act of 1 December 2022 on the profession of a paramedic and the self-government of paramedics will mostly come into force after 6 months from the date of its announcement, i.e. on 22 June 2023. The issues analyzed in this work, and regulated in Chapter 7 of the Act on the professional liability of paramedics, are not new in Polish legislation. The new regulations are based on the assumptions already adopted in the acts on the professional liability of doctors, physiotherapists, nurses and midwives, and serve as comparative material in examining professional responsibility of paramedics. Are regulations in the new Act enough to address paramedics who meet their patients “on the front line” when patients’ life and health are in danger? Professional liability regulations should be viewed together with criminal, civil and employee regulations to motivate medical professionals to fulfill their tasks in a way that protects the professional and is safe for the patient. Do the new regulations fulfill these assumptions in the right way?
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Slike koje smo vidjeli tokom posljednjih obilježavanja 9. januara, nelegalnog praznika bosanskohercegovačkog entiteta Republika srpska koji je u dva navrata proglašen neustavnim, ilustriraju jasno situaciju u kojoj se nalazi država Bosna i Hercegovina: vojna parada lokalnih pripadnika vojske i policije RS, uniformisani članovi ruskog motokluba “Noćni vukovi”, prisustvo osuđenih ratnih zločinaca, aplauzi predstavnika državnog aparata Srbije, Rusije i parlamentaraca određenih evropskih zemalja – istina, članova ekstremne desnice. Sve to propraćeno i pismom/pamfletom osuđenog ratnog zločinca Radovana Karadžića2 , poslato iz njegovog britanskog zatvora. Karadžić tako “iz najveće dubine srca svim građanima RS čestita krupni i sjajni jubilej – Dan RS”.
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Hotararea Curtii de Justitie a Uniunii Europene din data de 16 noiembrie 2023 in cauza C-349/22, ECLI:EU:C:2023:888, avand ca obiect o cerere de decizie preliminary formulata in temeiul articolului 267 TFUE de Tribunal Arbitral Tributario (Centro de Arbitragem Administrativa - CAAD) [Tribunalul Arbitral Fiscal (Centrul de Arbitraj Administrate - CAAD, Portugalia)], prin decizia din 23 mai 2022, primita de Curte la 31 mai 2022, in procedura NM impotriva Autoridade Tributaria e Aduaneira. Cuvinte-cheie: Articolul 110 TFUE - Impozite interne - Interdictia impozitelor discriminatorii - Taxa pe vehicule - Vehicule de ocazie importate din alte state membre - Aplicarea unor cote de impozitare diferite in functie de data inmatricularii unui vehicul in Portugalia
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Since the beginning of the war in Ukraine, Milorad Dodik has been systematically suspending the authority of the state of Bosnia and Herzegovina in the Republic of Srpska (RS) and paving the way for its secession. The Serb lawmakers have voted for the suspension of the rulings of the Constitutional Court of Bosnia and Herzegovina, which some experts interpret as a “legal secession” and the violation of the Dayton Agreement. Numerous anti-constitutional actions of the Republic of Srpska continuously reduce the state functions including the rule of law and security.
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Od početka rata u Ukrajini Milorad Dodik sistematski suspenduje državu BiH u Republici Srpskoj (RS) i utire put njenoj secesiji. Poslanici Republike Srpske glasali su za suspenziju odluka Ustavnog suda BiH, što neki stručnjaci tumače kao “pravnu secesiju” i kršenje Dejtonskog sporazuma. Brojni antiustavni potezi RS u kontinuitetu redukuju funkcije države na području vladavine prava i bezbednosti. Na taj način je situacija u Bosni i Hercegovini dovedena do kritične tačke, uprkos svim sankcijama koje je Zapad nametnuo, ne samo Dodiku, već i drugim čelnicima RS.
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Belgrade, July 11, 2012. This year marks the 17th anniversary of the Srebrenica genocide. As years go by, new evidence of this horrible crime accumulate. Many sentences either for or closely related to the Srebrenica have been passed in ICTY. On the grounds of these sentences the International Court of Justice decided that genocide had been committed in Srebrenica. An interim sentence imposed on Slobodan Milosevic in ICTY also indicates his responsibility and thus the responsibility of Serbia for this crime.
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Beograd, 10. juli 2012: Ove godine se obeležava 17 godina od genocida u Srebrenici. Svake godine se kumuliraju novi dokazi o tom strašnom zlocinu. U Haškom tribunalu donete su brojne presude koje se odnose na genocid u Srebrenici. I Međunarodni sud poravde je na osnovu tih presuda utvrdio da se u Srebrenici desio genocid. Međupresuda u procesu protiv Slobodana Miloševića takođe govori o njegovoj odgovornosti, odnosno odgovornosti Srbije, za taj zločin.
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The article deals with the position of the debtor’s spouse as a party to the execution and a member of a procedural community. The aim of the article is to describe the way in which the participation of the debtor’s spouse in execution can be conceived in the context of civil procedure doctrine and the concepts of participation in civil procedure that doctrine distinguishes. The conclusions regarding the concept of the participation of the debtor’s spouse in execution are loosely related to the way of determining the nature of the procedural community of the debtor and the debtor’s spouse in execution in a situation where the debtor’s spouse is not the subjekt of an execution order and becomes a party only because of the execution against the matrimonial property or the exclusive property of the debtor’s spouse. Last but not least, the article incorporates the case law of domestic courts concerning the position of the debtor’s spouse in execution.
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The Bamberg Maleficent Order or Constitutio Criminalis Bambergensisis is a crucial legal text, as it was the first German criminal code to be published in printed form. It was a turning point in the development of German criminal law because it represented a synthesis of criminal law, shaped by the Northern Italian practice and theory under the influence of Roman and canon law and domestic Bavarian common law. The malefic order featured 22 woodcuts illustrating the legal text. Based on the preserved depictions, we can thus accurately imagine how criminal proceedings were conducted 500 years ago while simultaneously gaining a unique anthropological insight into the cultural history of the judiciary and judges at the beginning of the Modern Period.
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The contribution sheds light on a mass witch trial that began in 1661 at the court in Hrastovec. It is related to proceedings initiated a decade later and taking place simultaneously in at least five courts. Those convicted were forced to list the names of many witchcraft meeting participants, which were described with all sorts of demonic imagery. The trials were thus interconnected and kept dragging on because of the confrontations between the accused. Despite the many mass trials, the number of the indicted even exceeded those that were actually put to trial. The proceedings were caused by weather storms, and many people were only tried when a new round of trials followed a storm. The trials were affected by the people’s understanding of the causes of the disasters, conspiracy theories, and various actors such as the rural population affected by the disasters, neighbourly disputes, superstitions, belief in magic, cruel, bloodthirsty judges and their personal motives, and the Inner Austrian government in charge of the criminal justice apparatus.
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The contribution presents the financial affair of a wood merchant’s wife, Terezija Aristoteles, in Ljubljana in the 1870s. Aristoteles took a loan from one of Ljubljana’s female brokers who, for steep interest rates, mediated the borrowing of money obtained from moneylenders. In doing so, Aristoteles got heavily into debt and resorted to fraud to keep borrowing increasing sums of money. Once her actions were revealed, a high-profile trial at the Ljubljana Court followed in February 1874, attracting a lot of interest not only from the Ljubljana citizens but also from the Slovenian and Austrian press, mainly because most of the perpetrators and victims involved were female. The public opinion did not favour either Aristoteles or the aggrieved moneylenders, who were seen as exploiters preying on those in need. Aristoteles and her broker were sentenced to two years in prison.
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The Constitutional Court of Turkey (CCT), since its establishment in 1962, emerged as a significant actor that not only overrules the decisions of the Parliament but also takes part in most divisive political issues. Hence, there has been a growing literature explaining its role and relations with other political actors. The primary purpose of this article is twofold: (i) analyzing the relations between the Court and other political actors between 1962 and 1980 and (ii) proposing an alternative theoretical framework to explain the development and the nature of this relationship. The article challenges the dominant view explaining the CCT's role through Ran Hirschl’s Hegemonic Preservation Thesis and proposes an alternative, more nuanced explanation based on Joel Migdal’s State-in-Society approach.
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The current situation of criminality and its involvement in several economic fields reveal that a new generation of criminal activities has been developed. They are particularly viewed during the last decades in the field of business, some of them being committed in accounting, banking and financial areas. The interest for these areas is as big as the perpetrators have made substantive efforts in order to harmonize their modus operandi to the updated means of committing crimes in the field of business. The paper aims at analysing the forms of criminal activities as well as their involvement in the field of business, both from theoretical and practical point of view. The jurisprudence in criminal matters has been analysed and discussed from the perspective of the judicial bodies' ability to discover any form of economic crimes as well as to gather evidence in purpose to decide beyond an reasonable doubt on the crimes committed and the defendants ' guilt. The results obtained during the research activity conducted on this topic emphasize that a new trend of criminality in the field of business exists. It should be taken into account by the judicial bodies in purpose to combat and prevent as much as possible the forms of the criminal involvement in the field of business.
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