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The European arrest warrant caused constitutional problems in several member states of the EU because it confronts supranational integration with the traditional concept of state sovereignty in a special way. This essay shows how the Czech Constitutional Court solved this problem and managed to find a reliable balance between open statehood and the protection of the national constitutional identity. The Czech way of a “careful harmonization” is compared to the solutions of other EU member states and analyzed for its significance in the fields of the tension between the transfer of sovereignty and the preservation of sovereignty as well as of the future concept of nationality in Europe. In the end, the author states that Brno has brought the questions mentioned to a solution that is both appropriate at the present stage and fit for future challenges.
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The draft European Constitutional Treaty establishes the legal personality of the Union as a whole, including the area of the current II. and III. pillars. At the same time, it explicitly enshrines the precedence of European law over national law. The area of cooperation in criminal matters within the area of freedom, security and justice belongs, according to the regulation of Article 13 (2) of the European Constitutional Treaty, to the so-called shared competences. Criminal law and the right to punish are derived from sovereignty over a certain territory. The power to punish applies to the prosecution and trial of crimes committed in the territory of a sovereign, ie within its borders. Such a sovereign is traditionally the state.
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In the period from the 1990s to the 1960s, very few criminologists, sociologists and experts in other disciplines dealt with women's crime, and despite empirically obvious inconsistencies, such classical criminology and sociology also dominated the view of female crime at that time. such as C. Lombroso, WI Thomas or O. Pollack. It was not until the 1970s, when major societal changes took place and that women began to commit crimes typical of men that attracted more attention. There is more physical violence from women, even their organized crime.
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In connection with the harmonization amendments to the Labor Code (hereinafter referred to as the Labor Code), there has been a lot of talk lately about the issue of sexual harassment and discrimination based on sex, especially with regard to the reversed burden of proof, which has recently appeared in Section 133a of the Code of Civil Procedure). Unfortunately, I must state that in my opinion there is an inappropriate confusion or. subordination of both concepts and subsequently to the application of the burden of proof to what does not appear in the relevant EC directives. In my contribution, I will try to point out the difference between the two concepts and the problematic nature of the new Czech legislation.
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While computers themselves do not commit crimes; they along with the Internet have given birth to an altogether new generation of crimes where the role of the human hand is only to start the criminal activity while the automated machines carry on the major activities.1 The Internet with its unique advantage of anonymity and speed is a double edged sword. While it promotes free expression, it also provides a haven for the commission of several kinds of cyber crimes.
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The article deals with the topical worldwide problem of the cybersquatting of the domaine names regarding to the names of the cities. The article is based on the contemporary Czech law especially on the Civil Code and on the legal protection of the names of the cities by this Code. This protection has an absolut le gal nature erga omnes with some legal consequencies on the only secondary position of the domaine names of the cities.
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Corpus Iuris introduces a new and radical response to the absurdity, still tolerated though universally condemned, of opening wide our national frontiers to criminals in order to shut them against those responsible for fighting crime, as the risk of turning our countries into crime-heavens. It is not criminal code, nor a completely unified and directly applicable code of European criminal procedure, meant for general use in European courts created for the purpose. It is more a collection of penal rules, amounting to a sort of Corpus Iuris, limited to the protection of the financial interests of the European Union, and meant to ensure, withing a largely unified European legal space, an attack on crime that is fairer, simpler and more efficient. The proposal is divided into two parts - Substantive criminal law and Criminal procedure. Substantive criminal law is based on three guiding principles: the legal basis of crimes and penalties, fault as the basis for criminalliability and proportionality of the penalty to the seriousness of the offence. There are proposed articles setting out eight specific offences against the financial interest of the European Communities and the penalties incurred. Criminal procedure is characterized the principles of European territoriality, judicial control, proceedings which are "contradictoire" and subsidiary application of national law.
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Návrh článků věnovaný odpovědnosti států za protiprávní chování stmeluje pravidla chování komplexního institutu, jenž prostupuje systémem mezinárodního práva. Význam návrhu zesiluje obecný stav nerovnováhy mezi primárními a sekundárními pravidly, když juristické těžiště návrhu leží právě v kodifikaci a pokrokovém rozvoji sekundárních norem.
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Based on the study of archival records, the author explains the adoption and implementation of Law No. 74/1958 on the permanent settlement of nomads. In the introduction, the author analyzes the studies of other authors. It assumes that the law was adopted on the basis of an appeal by Slovak residents who complained about the behavior of nomadic Roma. The author also uses personal testimonies of nomadism. The next section focuses on the enforcement of the law itself on the territory of Trnava region and surroundings. In connection with the implementation of the law, it was necessary for state institutions to resolve accommodation, education, employment and health care for nomads. The basic requirement for the enforcement of the law was the creation of a register of nomads. Registration took place in February 1959. According to archival records, testimonies and personal experience, the author concluded that the travel ban did not have as dramatic and traumatic an impact as other authors describe. The nomads underwent the settlement well and insisted on solving their problems. At the end of the work, the author points to the relativity of the interpretation of history depending on the coincidence of preserving archival documents.
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The article attempts a brief overview of the remedies available in the current legislation to combat fraud in the art market. The approach starts from a clarification of the concept of forged art, delimiting it in the context of the main categories of legal liability, the criminal and civil one, and reviews possible approaches under the copyright and consumer protection laws. The aim was to outline an overview of the relationship between the originality of works protected by copyright law and the moral and property rights of the authors of an art work. Finally, we have approached from the perspective of deceptive business practices the relationship between art market professionals and consumer protection that arise through the award in a public auction of a work of art, which later proved to be false.
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Property crimes are the most represented, the most extensive and the most numerous in relation to the total crimes in terms of execution, and therefore attract the professional and theoretical public with the aim of their analysis and the establishment of more valid prevention and repression solutions. These crimes are old, archaic and classic crimes, and are classified in the Criminal Code of the Republic of Serbia in Chapter 21 in a special part of the Criminal Code. In addition to the adult perpetrators of these crimes, practice has unfortunately recorded a large number of juvenile perpetrators who commit these crimes both independently and as direct perpetrators of adult perpetrators due to a weaker penal policy. Property crimes are committed with the intention of obtaining illegal property use, so in this regard, the main goal of committing these crimes by minors is a quick, easier and simpler way to get money, movable or immovable property. In the paper, the author looks at the criminal law and criminological aspect of property crimes, as well as the general characteristics of juvenile offenders, while the focus of the work refers to the statistical analysis of the number of reported, accused and convicted juveniles for committed property crimes, as well as the structure, dynamics and the representation of these acts in relation to the total acts committed by minors in a period of ten years, on the basis of which conclusions are drawn with the aim of reducing the commission of these acts by foreign minors.
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However, the right of ownership does not appear to be an absolute prerogative, but must be considered from the perspective of its function in society. Consequently, some limitations may be placed on the use of the right to property, provided that they actually meet general interest objectives and do not constitute, from the point of view of the objective pursued, an excessive and intolerable intervention which would infringe the very substance of the right thus guaranteed. Therefore, as regards the limitation of the right to property, the general requirement of proportionality presupposes the maintenance of a fair balance between the requirements of the general interest of society and the imperatives of the protection of the individual interest of the property.
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In this article we intend to make an analysis and evaluation of some aspects related to the application of the polygraph in the activity of the police to the investigation of cybercrimes. We will pay attention to the skills and competences of polygraph specialists that they should possess in the context of applying polygraph to the research of cyber security documents. We will establish the circumstances to be elucidated by applying the polygraph. We will analyze the psycho-criminological profile of digital criminals - an element of major importance in compiling the battery of tests for polygraph testing. We will focus on the manner and methodology of conducting the polygraph examination and make recommendations for further research in the field of polygraph application.
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The paper is dedicated to the field of research of the special investigation activity and has as object of study the legal guarantees regarding the observance of the person's rights to the accomplishment of this kind of activity. The purpose of this study is to identify and analyze these guarantees from the perspective of national legislation, theoretical research, judicial practice of the ECHR. In the context of the approaches, attention is drawn to those issues that raise certain questions when interpreting certain legal provisions and set out the author's own views aimed at improving national legislation in the segment of guaratnees of respect for human rights in conducting special investigations.
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Review of: Simion Carp, Procesul de Căutare a Poliţiştilor, Militarilor şI Voluntarilor, Dispăruţi Fără Veste în Timpul Răsboiului de la Nistru Din Anul 1992, Chisinau, 2022.
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Review of: Andrei Cazacicov, Criminal liability for the creation or management of a criminal organization. Monograph, Chisinau, 2022.
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Review of: Alexandr Cauia. Drept internațional umanitar. – Chișinău: S. N., 2020 (Tipogr. „Notograf Prim”. – 416 p. / Maia Bănărescu. Raport. Evaluarea respectării drepturilor copiilor aflați în detenție în legătură cu urmărirea penală sau executarea pedepsei. – Chișinău, 2020.
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The pandemic caused by the COVID-19 virus shook the whole world and caused numerous consequences and great loss of human lives. The subject of the research refers to types of fraud encountered in cyberspace during the pandemic. The research found that some of the most common types of fraud are related to e-mail phishing, theft of user credentials, SMS phishing, malware distribution, as well as communication via social platforms. It is evident that cyber hygiene measures during the COVID-19 pandemic must be improved and implemented more efficiently. Also, the research showed that it is necessary to improve the current legislation not only at the national level, but also at the international level. The research made use of the normative method, induction and deduction.
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