Around the Bloc: 80 Russian Drivers ‘Frozen and Forsaken’
One motorist reportedly died of hyperthermia after being trapped on a highway near Orenburg for almost 16 hours after a snowstorm hit.
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One motorist reportedly died of hyperthermia after being trapped on a highway near Orenburg for almost 16 hours after a snowstorm hit.
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The article tells about phenomenon of victim’s behavior in commission of crimes, found its genesis and describes basic models of such behavior.Victim behavior is the person acts or omissions that led to her selection as offering and were the reason for commit the crime in a specific situation.The gist of victim’s behavior is dangerous for person behavior in situations of interaction with the criminal. Dangerous of such behavior is allowing for the location, time and scenarios before committing a crime, or at the time a criminal assault. Victim’s behavior attracts attention of the criminal, causes the choice of victim, become a pretext for committing a crime against the person who was raised in a vulnerable situation. The shape of this behavior is mainly careless. Much less people are deliberately exposed tounlawful acts. For the moment the emergence of victim behavior prior commission the offense or appears at the moment of interaction between the offender and the victim. Similarly victim behavior can deployment and change in the process of committing a crime. Display of victim’s behavior are relatively few;mostly of them are typical.
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The article provides analysis of organized crime in Ukraine for the period from 2006 to 2015. Based on official statistics data it has been revealed that quantitative and qualitative records of crimes, committed by organised groups (OG) and criminal associations (CA), are declining rapidly.The number of detected OGs and CAs in Ukraine from 2006 to 2015 decreased by 3,5 times,the number of detected criminal individuals decreased threefold. In particular, 466 OGs and CAs were identified in 2006, while in 2015 only 166 were identified.The number of persons convicted for crimes committed within stable organized structures were as follows: in 2013 – 587 persons, in 2014 – 492 persons and in 2015 – 228 persons. The last figure makes only 0, 2% of the total (both within and outside organized structures) convicted persons in 2015.In overall the law enforcement agencies identified the following number of OGs and CAs with transnational links in resent years: in 2014 – ten, in 2015 – four, in 10 months in 2016 – four. On average, a criminal group consists of four members. According to official records, during the period of 2014-2015 not a single gram of cocaine and heroin has been confiscated.The author observed a research of victimologist Jan van Dijk, which demonstrated that in 2003 Ukraine was among 15 countries with the highest levels of organized crime (Composite Organized Crime Index –COCI). Emphasis was made on the limitations of official statistics which does not always adequately reflect the actual level of organized crime.The aforementioned statistics for the past 10 years reflect the inefficiency of law enforcement agencies in identifying undercover, disguised criminal activity. The author explains the situation by various factors, among them one of the most important is corruption in law enforcement agencies. Comprehensive studies of organized crime latency is suggested to be conducted at the state level.
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The article analyzes the phenomenon of corruption in the private sector. The author defined basic legislative acts which contain the concept of corruption in the private sphere. It should be noted that the compliance is the primary tool to combat corruption in the private sector. There were also explored basic shapes of corruption in the private sector. The author suggests that the public and business should cooperate in following areas to prevent corruption in the private sector: formation and implementation of the anticorruption policy of a company; formation of the anti-corruption culture, monitoring and detection of the information, execution of the control, intermediary activity between business and government.
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During the Second World War, in the south Eastern Borderlands (or, in Polish Kresy Wschodnie) of the Second Polish Republic, the Ukrainian nationalists collaborated with the German and Soviet occupiers. The Third Reich and the Soviet Union were opposed to the creation of the totalitarian Ukrainian state by the Organization of Ukrainian Nationalists (OUN). However, both the occupiers’ and the Ukrainian nationalists’ aim was the extermination of the Polish nation. The significant ideological similarity between the Ukrainian nationalism and German Nazism was unequivocally shown by the complicity on a mass scale of the Ukrainian nationalists in the Holocaust. In order to murder as many Poles in Volhynia as possible, at the beginning of 1943, the OUN started forming the Ukrainian Insurgent Army (UPA). A few months later, the UPA spread its terrorist activities also throughout the south Kresy Wschodnie. Most of the terms frequently used for crimes committed by Ukrainian nationalists, such as “slaughter” or “ethnic cleansing”, do not have legal significance. In accordance with the Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide of 1948, these crimes should correctly be defined as genocide. Professor Ryszard Szawłowski finds that due to particularly drastic cruelty, the genocide committed by Ukrainian nationalists ought to be named, in Latin, genocidium atrox (“atrocious genocide”). What is more, the activities of Ukrainian nationalists, among other things, murder and subversive acts, were precisely and strictly forbidden by the Polish Criminal Code of 1932 as well as by the laws adopted in Poland by the communist authorities after the end of the German occupation. In the communist— Poland many sentences, including life-time prison or death sentences, were passed on the members of the structures of the OUN and UPA. There is no legal possibility to overturn those verdicts; and, in addition the crimes committed by Ukrainian nationalists are still prosecuted by the Institute of National Remembrance— Commission for the Prosecution of Crimes against the Polish Nation. Likewise, the pieces of evidence presented in the article, unarguably show that the activities of Ukrainian nationalists against the Polish population in the years 1939—1947, were inherently criminal.
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One of the main tasks of the Police is to prevent the committing of criminal offences. Crime prevention is the part of the Police’s activity which aims to reduce the number of crimes and offences committed through preventive and educational programs, aimed particularly at younger people. In the context of crime prevention in the United States of the 1960's, the idea of community policing was born. It involves the close cooperation of the Police with members of the local community. Its development began in Poland in the early ‚90's, mainly due to the significant increase in crime, but was very slow. Therefore, compared to Western countries, the idea of community policing, in practical terms is still in the early stages of development in our country. However, it is already possible to specify numerous examples of its actual occurrence. Community policing requires wise, consistent and constant repetition of actions so that it will have positive effects in the future.
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The opinion that Roman jurists were giants in the field of private law and dwarfs in criminal law is nowadays a little bit out of date. However, upon a closer analysis of the use of the term ‘accident’ (casus), such a statement seems to be justified. Casus for Roman jurists was not only, as in the sphere of private law, a pure random fact, but also a culpable human act. It is not hard to guess that their writings and opinions were inconsistent in that field and sometimes suggested quite surprising legal classifications of deeds committed in such a way. In order to understand this paradox it might be helpful to take a closer look at historical regulations of crimes committed unintentionally, including above all homicide, but also rhetorical sources, especially works of Cicero. His writings were a canon for learning rhetoric in later times, as well as inspiration for next generations of Roman jurists. His remarks and specific character of the metaphorical phrase si telum manu fugit quam iecit, constituting a kind of definitional topos of crimes committed unintentionally, can lift the veil of secrecy and enable penetration of Roman jurists’ philosophy of life and their intellectual formation.
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In the explanatory part, the author presents legal and criminal measures aiming at protecting election and voting against electoral fraud and other crimes in the Polish criminal code of the 20th century. Because elections are regarded as one of the most significant events in the public life, their protection is of the utmost importance and is a guarantee of their undisturbed management. The prevention of electoral fraud was provided for in the Criminal Codes of 1932, 1969 and 1997. It was most widely discussed in the Criminal Code of 1932, which served as the basis for the Criminal Code of 1997 in force to date. It was given the least attention, only in one article, in the 1969 edition, which indicates the importance of elections in a socialist state. The most serious threat to the integrity of contemporary elections is electoral corruption, including electoral bribery and venality. Contemporarily, apart from criminal codes, criminal sanctions regarding elections and voting are provided for in the electoral regulations and the Electoral Code of 2011.
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The study aims at an analysis of the relationship between civil law and the criminal procedure law system. The author focus on the limitation of the property right in the selected aspects of the criminal proceedings.The study aims at an analysis of the relationship between civil law and the criminal procedure law system. The authors focus on the limitation of the property right in the selected aspects of the criminal proceedings.
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The aim of the study is to evaluate the relation between right to property and the criminal procedure compulsions. The author presents the selected issues of the property right protection law system in the context of the criminal proceeding.
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The article examines the work of the International Criminal Tribunal for the For-mer Yugoslavia (ICTY) over twenty years. It shows the internal conflicts of the ICTY relating to the different positions of countries which had influence on the judicial investigation of war crimes committed during the wars in the post-Yu-goslav space.Special role of the USA in creating financing and follow-up activities of the ICTY is noted. The attention is paid to the political importance of the ICTY. At-tention is also paid to the political importance of the ICTY as a factor in prevent-ing crime and the international community – ethnic cleansing and genocide in the future.The ICTY’s activity in the context of search and punishment of the major war criminals of the Bosnian – Radovan Karadzic and Radco Mladic is discussed.The article also tells about the so-called "exit strategy” of the ICTY, that is the completion time of its activities.
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All activities designed to conceal the true source of illegal income obtained from criminal activities and give them the legal origin of birthmarks is called money laundering. Money laundering is the legalization of profits gained from criminal activity. The aim of this article is an attempt to indicate that the funds derived from money laundering are a threat to the economic system of the country. The funds derived from the committed economic crimes, give rise to huge capital, which serves, among others, to acquire part of the legal economy for the funds obtained from the suspicious transactions.
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The article presents the activities of the international criminal tribunal for the former yugoslavia. the text is divided into the following chapters: Genesis of the establishment of the international criminal tribunal for the former yugoslavia, activities and structure of the international criminal tribunal for the former yugoslavia, the hearing before the court, the practical activities of the icty. The author described situation of Serbia and relations between Serbia and european union. this example shows the meaning of the meaning of the international criminal tribunal for the former Yugoslavia. The objective of the article was to discuss the structure and activities of the international criminal tribunal for the former yugoslavia and to present the thesis that the establishment of cty was the right decision.
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Prvu sigurnu kuću na području BiH, kao jedan od odgovora na ratna dešavanja, stradanja žena i djece koja su u ratnim okolnostima preživjela različite vidove nasilja i traume, osnovala je 1993. godine nevladina organizacija Medica Zenica.
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On March 24, 2005, the International Criminal Tribunal for the former Yugoslavia indicted Milorad Trbić of the participation in the genocide in Srebrenica. Milorad Trbić, born on February 22, 1958 in Ponijevo, Zenica municipality, was at the time of the conflict the clerk at the Department of safety and intelligence affairs at the headquarters of the Zvornik Brigade of the Army of Republic of Srpska. In April 2005, he voluntarily turned himself in. In 2007, the Council for transferring the cases with the seat in the Hague, following the request of the Prosecution authorities in the Hague, with the consent of the accused, decided that it would refer the case of Milorad Trbić to the Court of Bosnia and Herzegovina (BiH).
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In the article principle of psychological profile of unknown criminal person in investigational activity is examined. Validity of this approach appears at importance of the use of modelling method as innovative direction of investigation. Thus, an author marks that to application of this method research of theoretical principles and preparation of practical recommendations must be preceded in practical activity of investigator.The author marks that to the problems of social and psychological description of criminal person, in particular, unknown, in criminalistics and psychological literature certain attention was spared and determines separate scientists (I. М. Luzgin, V. О. Оbrazcov and S. М. Bogomolov, І. S. Safuanov, Yu. V. Chufarovskii and others) works of that were devoted to research of this problem. However, for today, in criminalistics and legal psychology unambigiuous looks are absent in relation to the use of psychological knowledge in investigational activity. Therefore the aim of this article is consideration of separate theoretical problems of the use of modelling method during establishment of unknown criminal person in investigational activity.By the author of the article of analysis different determinations of «psychological profile of unknown criminal person» were subjected. They are set positive lines and separate positions that in opinion of author are not expedient and important are subjected to criticism. That is why, the author points in conclusions the argued positions in relation to the necessity of the use of psychological profile of unknown criminal person during investigation of criminal realizations in activity of investigator.
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The concept of diminished responsibility was first introduced in Lithuania in 2000 with the enactment of the new Criminal Code. Because it was considered that diminished responsibility could be a constituent of infanticide, the problem arose of the relationship between diminished responsibility (Article 18) and infanticide (Article 131). Taking this into consideration and looking at regulation in foreign countries, the newest scientific research into infanticide and the most relevant case law, the relationship between these areas is revealed. At the same time, the necessity of article 131 is questioned and the cases of applicability of article 18 and article 131 are analyzed. The authors of this study found that “a state resulting after giving birth”, which is a constituent of article 131, is considered to be a state of diminished responsibility. This means that article 131 is a special norm in relation to article 18. The article 131 is applied only in cases when an infant is killed through the effects caused by giving birth to the child and there is no premeditation. When the murder of an infant is premeditated and some evidence is found of the mother being in a state of diminished responsibility, article 129 and article 18 should be applied together.
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When discussing issues related to the allocation of resources for the criminal justice system and crime prevention, it is important to consider the share of criminal offences (or their perpetrators in particular) sanctioned by actual penalties within the criminal justice system and the share of committed criminal offences whose perpetrators have escaped punishment. This article examines the data of criminal victimisation surveys (population polls), which formed the basis for calculating crime rate and reported crime rate, examines the recorded crime rate and the share of investigated criminal offences, the number of criminal offences decided at first instance courts and the share of offences actually sentenced. There are 12 types of criminal offences provided for in this article. It was found that, depending on the type of criminal offence, perpetrators actually punished by real penalties were those who committed 0.01–13% of criminal offences in Lithuania in 2011. Actually, the criminal justice system affects only a very small share of offenders to its fullest extent. This calls for a greater role of crime prevention in solving the problem of crime, as compared to punishment. This must be taken into consideration while allocating resources for the criminal justice system and crime prevention.
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Princip počinje u stvarnosti. Najuzvišenije pravne apstrakcije, ma kako isprazne na površini od društvene specifičnosti, nastaju iz društvenog života: i usred općenja pojedinih grupa, u pretpostavljenoj lagodnosti klasa koje donose odluke, kroz traume specifičnih zločina, na uštrb onih šutljivih i izopćenih, kao pobjeda (često kompromisna, obično Pirova) za one bespomoćne. Zakon ne izrasta iz silogističke prisile; njega gura društvena logika dominacije i izazova dominaciji, on se kuje u interakciji promjene i otpora na promjenu. Ne postoji samo u općem pravu da je život zakona iskustvo, a ne logika. Iza svakog zakona nalazi se nečija priča - neko čija krv, ako pažljivo čitate, teče kroz te rečenice. Tekst ne porađa tekst; to čini život. Pitanje je – pitanje politike i historije, dakle zakona - na čijem se iskustvu zasniva kakav zakon.
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