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A criminal-law protection of defense and security has its source not only in the Polish Constitution, but also in the laws of international rank. Also Polish Penal Code penalizes crimes connected with the Polish Armed Forces, military service or substitute service, causing commonly dangerous events, financing terrorist crimes, piracy, maritime offspring, trade in dangerous substances or causing danger in communication. These regulations are aimed at ensuring proper order in the State, right functioning of the military service and they refer to a variety of spheres everyday life.
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У савременим друштвеним, политичким, економским и безбедносним условима, када нестају бројне разлике између појединих континената, држава и делова света услед нарастајућих утицаја глобализације, и право добија посебну и специфичну димензију. Та појава је најкарактеристичнија управо у области кривичног права. Настало паралелно са настанком државе уопште и уско повезано са државним суверенитетом, кривично право представља право на кажњавање учинилаца кривичних дела која су прописана у националним законима. То право на кажњавање произилази из права власти – ius imperium. Но, данас криминалитет различитих облика и видова, посебно транснационални организовани криминалитет, превазилази границе и могућности једне или више држава и постаје проблем међународног, глобалног карактера. Он тако постаје предмет одређивања међународног и транснационалног кривичног права. С њима су у вези и упоредно кривично право, као и регионално кривично право – у првом реду европско кривично право. У раду се управо анализира утицај процеса глобализације на ове нове појавне облике кривичног права.
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Конвенција Савета Европе о спречавању и борби против насиља над женама и насиља у породици (Истанбулска конвенција) представља веома важан обавезујући међународни документ који је наша земља потписала и ратификовала. Тиме је и преузела обавезу да усагласи и унапреди систем заштите жртава насиља. Иако је Конвенцијом предвиђен читав систем мера за искорењивање насиља и успостављање стварне равноправности између мушкараца и жена, почевши од оних превентивне природе (подизање свести, образовање, обука стручњака, програми превентивне интервенције и програми за рад са учиниоцима кривичних дела насиља и слично), преко мера подршке жртава (сигурне куће, СОС телефони, саветовалишта итд.), предмет истраживања у овом раду ограничен је на питање колико је на том плану учињено у области материјалног кривичног права. У том смислу, анализирано је да ли су и како у наш Кривични законик инкорпориране одредбе Конвенције о психичком насиљу, физичком насиљу, сексуалном насиљу укључујући и силовање, прогањању, принудном браку, гениталном сакаћењу жена, принудном абортусу и принудној стерилизацији, сексуалном узнемиравању.
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Estonia has accused or convicted a half-dozen people of spying for Russia since 2015, and now Moscow follows suit.
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President and ruling party show signs of nervousness as tribunal readies first indictments.
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The Article aims at exploring the issue of customary international law in the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY). For that reason the most representative judgments will be discussed. The overall conclusion will be that the ICTY puts much more emphasis on the opinio iuris element rather than practice of States in the process of creation of customary international law. In the Author’s opinion this is understandable and reasonable taking into account the fact that international humanitarian law is applicable to the state of war where nowadays there is not (and should be not) a very wide practice. In this context the famous Martens clause and its effects on international custom will also be presented.
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According to the dictionary definitions, an executioner is a person employed by justice authorities to carry out judicial sentences of the most severe punishment, i.e. death penalty. Where and when torture was, and even still is admissible, it is also part of the executioner’s duties. Moreover, the principal duties of the executioner also include the de facto already historical penalty of banishing the convicted person from his/her place of current residence. In the broader and colloquial sense of the word, an executioner is also any person who, because s/he torments other people immorally and unlawfully, appears as a brute, tormentor, sadist or torturer. In the present discussion we are concerned exclusively with the executioner as an officer of justice who, in criminal proceedings, performs the functions analogous to those of the court executive officer in civil proceedings. The methods of, instruments for and places where the executioner’s functions are discharged require that he have special knowledge and qualification for the effective and efficient execution of them. Depending on the times and the scope of demand, this led to the emergence of the executioner’s craft, trade, profession or even the office of executioner, which provided the ground for the discussion on the executioner’s ethics as compared with the ethics of other professions, especially with those related to legal professions. /e justification for the discussion on the ethics of the executioner is the existence of the executioner in all those countries in which death penalty (and its execution) is in effect. In this discussion, which is a part of criminal justice ethics, it is necessary to distinguish between the legal grounds for the execution of death penalty and their ethical evaluations that cover the being-in-force of death penalty and the ‘quality’ of its execution. In diversified ethical evaluations, the legal death penalty is found as both moral and immoral. /e acts themselves of execution of death penalty, which are part of the executioner’s qualifications, are also ethically evaluated as moral or immoral. While the ethical evaluations of the being-in-force of the execution of death penalty do not directly belong to the ethics of the executioner, having only an indirect effect on it, this ethics directly covers the executioner’s qualifications or his skill, which previously consisted in inflicting as great physical and mental pain and suffering as possible on the convict before s/he died, and in later periods - in trying to minimize them as much as possible.
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The article analyzes religious feelings in the context of criminal offence againstreligious feelings in the face of philosophical, psychological and juridical interpretations.According to Article 196 of the Polish Criminal Code from 1997 religiousfeelings are regarded as protected goods. However, the mentioned term has not beenclearly defined, which provokes controversies in legal circles. The paper indicatesthe exact nature of religious feelings and their relation to religious beliefs. The authorargues that Article 196 unnecessarily focuses on the offence of feelings ratherthan the defence of religion in the public sphere. The application of the expressionreligious feelings to the Criminal Code grants vast possibilities of its understandingand causes numerous over interpretations of Article 196. To avoid that confusion thelaw ought to circumscribe the extent to which religion can be protected. The inquiryinto specific cases of offence against religious feelings must not be based on thesubjective experience of the offended victim because one will never find the ultimatecriterion to assess whether someone has actually been hurt. After the prohibitedactivities/possible offences against religion are defined, the behavior of the offendershould be the main point of reference. A propounded amendment might generateother problems such as, for example, the transgression/violation of the neutrality ofthe state; therefore, Article 196 in its current meaning is unacceptable. Consequently,the religious feelings term should be clarified or removed.
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З тих пір, як існують держави і відповідні їм правові системи, проблема злочинності в них одна з найбільш основних. Злочинність - складова правопорушення. Поняття правопорушення більш широке, ніж поняття злочинність. Правопорушенням є будь-який не узгоджений з нормами права вчинок, що дає державі право накладати на правопорушника санкції, передбачені тим чи іншим правовим кодексом. Злочином же є лише такий вчинок, який інтерпретується лише відповідно до карного кодексу. Злочин - окремий акт порушення карного кодексу, а злочинність - це вже соціальне явище. Воно існує не тому, що люди живуть сумісним життям, в якому можуть іноді завдавати шкоду один одному, групам та організаціям тощо, а тому, що існують правові системи, в яких передбачені відповідний спосіб інтерпретації і міра покарання за певного роду соціальні дії.
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One individual, living in Oregon, was the first woman found guilty of war crimes related to the conflict in Bosnia.
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The purpose of this article is to analyse the issues related to Lithuanian positive obligation to ensure everyone’s protection within their jurisdiction from ill-treatment, as defined by the Article 3º of the European Convention on Human Rights (namely cases where violence is inflicted by private individuals in a private sector). Torture, in Lithuanian Criminal Code, is criminalised as qualifying attribute in the Murder (article 129º, Lithuanian Criminal Code), Severe health impairment (article 135º, Lithuanian Criminal Code), Non-severe health impairment (article 138º, Lithuanian Criminal Code), Causing physical pain or a negligible health impairment (article 140º, Lithuanian Criminal Code), and such as a personal aggravating circumstance - “the act has been committed by torturing the victim or subjecting him to taunting” (article 60º, Lithuanian Criminal Code) to individualize punishment to defendant. According to previous researches (Romualdas Drakšas and Regina Valutyte), the existing criminal liability of torture it is not enough. They believe that the Lithuanian Criminal Code should allow a direct criminal liability of action of torture. In this article, the author wanted to verify if there’s really a need of a direct criminal liability in Lithuanian Criminal Code. The author argues that, in the Lithuanian legal system, there is article 60º of the Lithuanian Criminal Code on which basis courts can punish defendant of acts of torture and individualise his punishment, adjusting it to his actions. Therefore, the author wanted to investigate Lithuanian case-law related to article 60º part 1, point 4 of the Lithuanian Criminal Code and ascertain does acts of torture in Lithuanian legal system are considered as a torture and punished without reservation. In other words, it is important to understand if the provision of the article 60º of the Lithuanian Criminal code ensures effective safeguarding from the torture, inhumane or degrading treatment, as defined by the Article 3 of European Convention on Human Rights. With reference to case-law search system “infolex“, data shows that, since the new Lithuanian Criminal Code (entry in to force to May 1, 2003) to December 31, 2016 there was a very small number of cases raising the need of a more severe punishment, based on article 60º, part 1 point 4 of the Lithuanian Criminal. Out of this small number, the courts applied this article only in 6 cases. There is no doubt that quite a lot offences in Lithuania are cruel and are held like a torture. Lithuanian case-law analysis showed that the article 60º of the Lithuanian criminal code does not function in the Lithuanian legal system and Lithuanian courts causeless does not apply this law. For this reason, Lithuania does not ensure effective safeguarding from the torture, inhumane or degrading treatment, as defined by the Article 3 of European Convention on Human Rights. The author suggests that the Lithuanian legislator should take into account other examples where tortures are criminalised as a strict liability (Criminal Code of France) and qualifying attribute in extortion (article 181 of Lithuanian Criminal Code), robbery (article 180 of Lithuanian Criminal Code), rape (article 149 and article 150 of Lithuanian Criminal Code) (Criminal Code of France, Spain, Finland, Norway).
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On the 2nd of December, 2010, the new norm which criminalizes illicit enrichment was added to the Criminal Code of Republic of Lithuania (further – the CC). The content of this crime is having an asset which can not be justified by person‘s legal income. According to explanatory report, such measure has been established because of prevention, herewith to pursue reduction of profit and attraction which originated from corrupt and economic crimes. At first sight it seems like this is a very simple norm which is easy to apply. However, after the legal research, case law and statistic data review, it can be claimed that there are many issues related to this norm. Scholars who analyzed the norm of illicit enrichment raised a lot of relevant questions related to responsibility and the nature of this crime. Is the offense defined appropriately and clearly? Is the value of the asset as the subject of crime of illicit enrichment adequate? Can this crime exist independently with no overlap to other crimes from which the person got rich? Should it be the special subject provided in this offense according to the recommendation of United Nations Convention against Corruption?The article 1891 of the CC according to the content and expression is not traditional indeed. This can be confirmed by fact, that many Courts of Republic of Lithuania have already referred to the Constitutional Court of Republic of Lithuania in order to clarify out does the norm of illicit enrichment object to Constitution and to constitutional principles. It is important to notice that on the 15th of March, 2017, during the writing process of this article, the Constitutional Court published the act in which were analyzed five applications of Lithuanian Courts with the requests to investigate does the first section in article 1891 of the CC object to Constitution and to constitutional principle – the rule of law. Thus, the purpose of this article is to answer a question does the norm of illicit enrichment which is established in article 1891 of the Criminal Code of Republic of Lithuania object to the special principles of criminal law.The consist of illicit enrichment crime is analyzed in the first section of this article. The norm of illicit enrichment, which is established in article 1891 of the Criminal code of Republic of Lithuania, with respect to the special principles of criminal law is analyzed in the second section of this article.It is concluded that prosecution of person in committing illicit enrichment crime by negligence would infringe the provisions of one of the most important special principles of criminal law – “nullum crimen sine culpa”. Assessing the analyzed norm through the provisions of “ultima ratio” principle, it must be held that Lithuanian legislator chose the incorrect measure to combat against corrupt and economic criminality.
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Six months into his term, President Jeenbekov is putting his own stamp on the country, dismaying his predecessor.
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This paper explores the relationship between Satanism and criminal acts related to that sphere which are frequent in criminal and judicial practice. Author proposes two definitions of a criminal act connected with the contemporary occultism, as well as definition of occult-related crime. He offers a review of the already existing classifications of the Satanism-related crime, after which he presents additional, legal-oriented typology. It is concluded that the crime associated with Satanism is extremely heterogenous and comprehensive category which includes many criminal acts which presence in practice varies a lot. Those criminal acts could be directly and primarily motivated by some kind of Satanic doctrine; however, in most cases, real motivation for a crime lies outside of that matter. Author divides most common crimes into four wider categories, analyzing particular crime motives, modus operandi and other elements relevant from legal, criminalistic and criminological perspective. The author points out that the most frequent criminal acts associated with the domain of Satanism/pseudosatanism are various types of vandalism (for example: graffiti containing Satanic and anti-christian messages, grave desecration, church vandalism, as well as damaging or destruction of varios religious monuments, sacred items and sacred places connected with Christian religion), which usual perpetrators are adolescents. Regarding ritual sacrifices, in vast majority of cases, object of criminal act is some sort of animal. Unlike popular speculations, human sacrifices connected with Satanic ceremonies are extremely rare in practice. Absolute majority of registered murder cases (and other crimes against life, physical and sexual integrity, rights and freedoms of man and citizen) which were inicially (in the early stages of investigation, or simply by sensationalist media informing) pointed out as a possible examples of “ritualistic satanic crimes”, proved not to be primarily related with real or presumed Satanic interests of the perpetrator. Even in those cases which were indirectly connected with some elements of Satanism, personal characteristics and general life perspective of the perpetrator proved to play crucial role in the domain of motivation for a crime and its realization (f.e. existence of some of the common pragmatic crime motive, presence of various personality disorders, presence of psychosis etc.). Author presents and analyses satanic-related clues typical for all sorts of crime, as well as clues which are significant for particular criminal acts. He underlines the existence of wide varietry of occult/satanic indicators, which could vary from the satanic and anti-christian symbols, textual messages, illustrations, numerological aspects etc., to the less visible indicators concerning time, place, method, means, purpose of particular criminal act and the like. Among other things, author concludes that proper recognition of those clues and indicators could be an important step towards understanding and successfully solving individual criminal case.
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The process of globalization is affecting all areas of social life, and thus no exception crime. Its effect is most evident in the development of new forms of crime that transcends national borders and states receive a supranational character. This primarily refers to the various forms of organized crime, but also in certain of its forms, which are a kind of state violence and the consequences of which are reflected in the systematic violation of human rights. Also, the process of globalization of crime has caused the formation of international organizations aimed at combating pf crime which transcends national boundaries. New forms of crime are conditioned by globalization demanded a new approach to their study. Existing criminological theories have proven inadequate in explaining all the causes that lead to crime. It was necessary to create new theories and new doctrines about the causes of crime. In the continuous process of development of criminology, in constant search for new explanations of the causes of crime, within the sociological theories have emerged and globalization theories of criminality, which the authors in their work special attention. The focus of the globalization theory on crime just on its prevention, to reduce the risk of its occurrence. This is certainly a positive step because it shifts the focus of criminologists with immediate causes of crime and focus on the study of their interactions, which is largely socially conditioned, which is especially prominent in the work. The aim of this paper is to point out that globalization theories should not be viewed in isolation from other criminological theories and doctrines, but that one, although relatively new, contribute to the creation of complete systems of criminological doctrines in order to find the optimal social response to crime.
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The subject matter of this paper are moral problems of criminal liability, with a particular focus on an attempt to find such features in the area of morality whose accumulation in criminal law determines its specificity. We may distinguish two aspects of deliberations on moral problems of criminal liability. The first of the aspects concerns the issue whether all behaviours regarded as criminal offences are morally wrong. It is particularly important as such condemnation of the act is supposed to distinguish criminal law from other branches of public law. The second aspect concerns the issue of criminal penalty and it is related to the issue of guilt and its relationship with moral responsibility. The main argument of this paper is the fact that the contemporary philosophy of law has not created any coherent concept making it possible to distinguish criminal law from other branches of public law on grounds of morality.
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Many outstanding psychologists like Philip Zimbardo and Simon Baron-Cohen ask the fundamental question: How Can Good People Turn Evil? An answer to this question should also be interesting and important for lawyers. In fact, sometimes there are situations when the so called, ‘good people’ become capable of committing real crimes. Some of these situations are not accidental, but they are created by somebody who knows well methods how to manipulate others. Then, we usually have a case of guilt without conviction.
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The aim of this study is to present the issues of binding force statement of intent expressing objection to taking saving life actions in case of such a need in the future. This problem becomes current when a patient is unconscious and they cannot express their will basing on an assessment of all of the circumstances regarding their health. In the study the current legal status and judicature are being analysed. The analysis leads to the conclusion that the lack of legal regulations in Poland concerning the so-called statements pro futuro precludes a doctor from making a right assessment of his duties in the context of criminal responsibility for their negligence. It concerns both a duty to act and a negligence of life or health saving actions. The lack of legal criteria assessments of a doctor’s responsibility in the context of criminal responsibility for their negligence precludes from acknowledging statements pro futuro as obliging to negligence of treatment. The Polish law guarantees the patient the right to the self – determination in insufficient way but the constitutional principle of specificity of an offence (nullum crimen sine lege) does not give a permission to attribute criminal responsibility to the doctor for performing intervention despite the existence of such a statement, because the prohibition of undertaking the medical interventions in case of an objection raised before occurrence of the situation that needs such an intervention must have a source in the binding rules.
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