CEEOL - Browse Subjects Result

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

Suđenje u krivičnim predmetima: nova praksa ustavnog suda Bosne i Hercegovine i njen uticaj na BH. pravo i praksu

Author(s): Miodrag N. Simović,Marina M. Simović-Nišević / Language(s): Serbian Publication Year: 0

By its personnel composition and extensively set jurisdictions Constitutional Court of Bosnia and Herzegovina constitutes a legal novum. The BiH Constitutional Court is a constitutional authority. The jursisdictions thereof are explicitly stipulated in the BiH Constitution. The BiH Constitutional Court, as a last instance in the interpretation of the BiH Constitution, shall have the final word in constitutional disputes arising between other constitutional authority. The mission of the BiH Constitutional Court to protect the BiH Constitution, forces it at the same time to selfrestriction. The BiH Constitutional Court carries a special burden of responsibility, notably that of deciding, in the last instance, the most important constitutional issues in BiH. Appellate jurisdiction the Constitutional Court is a novelty in the legal system of Bosnia and Herzegovina. Through an appeal filed with the Constitutional Court, the appellant is given an opportunity to have reviewed the legal acts of all three state powers, if they are in violation of the appellant‘s legal and constitutional position. The appeal has a subsidiary character, since it is admissible only if protection through effective regular legal remedies falls.

More...

Alternativne krivične sankcije u državama balkanskog regiona

Author(s): Nataša Mrvić-Petrović / Language(s): Serbian Publication Year: 0

In all Balkan countres alternative criminal sanctions (community sanctions) have been introduced as those apllicable in the phase of the trial and execution, as well as measures to suspend the criminal procedings before the trial. Suspended sentence with supervision and parole, are sanctions that have a long tradition in Balkan countres. Sanction they are more sophistical are: the fragmentation of imprisonment (Turkey, Albania), community service as an independent sanction (Serbia, Montenegro) or substitute for imprisonment (Croatia, Bosnia and Hercegovina, Makedonia, Romania, Turkey, Albania, Greece), probation (Bulgaria), condition termination of criminal procedure (Makedonia). Actions are similar to juvenile justice reforms that allowed diversion measures and victim and offender mediation. The success of execution of alternatives sanctions depends on the organization of probation services. They are organized in the most countries of the centralized way (Croatia, Serbia, Romania, Bulgaria, Turkey), while in Makedonia using social welfare. Probation services in Balkan states are established only after 2000 year.

More...

Pojam krivice u krivičnom zakonodavstvu Makedonije

Author(s): Nataša Delić / Language(s): Serbian Publication Year: 0

In accordance to a modern inheritance of criminal legal theory the Criminal Code of Republic of Macedonia ascepts miscellaneous, psychological-normative theories of gilt. It is stipulated by the article 11. the Criminal Code of Republic of Macedonia the guiltiness is a complex category which consists of competence, intention and negligence and sense of prohibition of the act. In this piece of the work author firstly explains the way of sense of prohibition of the act become an element guiltiness by analyzing psuchological, normative and psychological-normative theories of guiltiness and subsequently analyzes particular matters relating to content and legal nature of sense of prohibition of the act. At the end of the work, the author briefly specifies the conclusions which the gained during the analysis of particular aspects of this extremly complex contention.

More...

Tužilački koncept istrage kao jedno od obeležja savremenog krivičnog procesnog zakonodavstva u zemljama bivše SFRJ i u Srbiji

Author(s): Stanko Bejatović / Language(s): Serbian Publication Year: 0

The author of the paper addressed the problems of the concept of prosecutorial investigation through four sets of issues and concluding remarks. The first group of issues is devoted to general remarks about the investigation, its systems and the importance of criminal procedure in general and in the same position was confirmed by the investigation as unavoidable stage of criminal proceedings in cases of possibly complex crimes. Bearing in mind the title the author has devoted the second part of his analysis of just cause for and against the concept of prosecutorial investigations in the same set of arguments to prove his own, and not just its paragraph on the benefits of the judicial concept of prosecutorial investigations, primarily in terms of efficiency and investigation and criminal proceeding understood as a whole in its qualitative and quantitative terms. In view of this it can be concluded that this part of his work is a central part. The third group of questions is dedicated to the professional and critical analysis of the concept of prosecutorial investigation to criminal process legislation that we belong at the time has come to court on the concept of prosecutorial investigation. Seen in this context are primarily the legislations of the states from the former Yugoslavia. Furthermore, starting from the goal of writing the author in his fourth part gives his views on a desirable way of working out the normative concept of prosecutorial investigation. At the end of the concluding remarks are given in which the author is a summarized way the results obtained by the analysis of quite a number of questions of the concept of the investigation and its and its significance for criminal proceedings in general.

More...

Presek stanja trgovine ljudima u državama na području bivše SFRJ

Author(s): Vladimir Urošević,Sergej Uljanov,Zvonimir M. Ivanović / Language(s): Serbian Publication Year: 0

The problem of trafficking in human beings in the 21st century is just a reflection of slavery phenomenon evoluted in its own various modern ways. As a specific come-back of the ancient plunder institute, trafficking of human beings, especially through sexual and forced labour exploitation, is endangering the realization of basic scale of human rights and freedoms and disrupting progressive evolution flow of human civilization. The worst mode of this occurrence is shown by trafficking of children and minors and is self-explanatory regarding its dangerous for nowadays society. Intensified by warfares in the areas of multiethnic ex-Yugoslavia, this kind of organized criminal activity additionally has been menacing fundamental values of social life and humiliated position of an individual in postmodern social surroundings of Western Balkans countries. In this article authors were trying to present efforts of above-mentioned states and their solutions in the combat against trafficking in human beings, being just a little step forward in making out an imagined ideal of the safe way of living and moving of people in the areas of exYugoslavia everlasting related to the opposites attraction of European democratic pragmatics and Asiatic totalitarian thinking over.

More...

Nekoliko beleški uz nacrt opšteg dela novog hrvatskog kaznenog zakona

Author(s): Luka Breneselović / Language(s): Serbian Publication Year: 0

In Croatia will soon pass a new Criminal Code. In the seven selected notes author Luka Breneselović referred to the stylization of the culpability and negligence guiltiness, the changes related to exceeding the limit regime of self-defense, the regulation of the putative emergency, the effort for the minimize of the institute of insignificant act, the problem of execution, incitement and helping, and conviction that there are mentally competent and mentally incompetent people.

More...

Reflectarea principiului prezumției de nevinovăție în dispozițiile actualului cod de procedură penală

Author(s): Anca-Lelia Lorincz / Language(s): Romanian Publication Year: 0

The current Code of criminal procedure recognises, under the name of "principles of procedural criminal law enforcement", a number of fundamental principles of criminal process (the principle of separation of judicial functions in criminal procedure, the fairness and reasonableness of the trial period, the obligation criminal action closely related to the alternative of opportunity, the principle of "ne bis in idem"), and ingénue some in the old regulations (the principle of legality of criminal process, truth finding, the principle of presumption of innocence, the right to defense, the right of human dignity, the official language).So, among the "classical principles," the regulation of which is maintained in the current code, there is also the presumption of innocence, along with other provisions of the Code, which constitute procedural safeguards for the observance of this principle; the analysis of some of these provisions is useful in determining the extent to which the Romanian Criminal Procedure Code needs to be amended in order to implement Directive No.343/2016 of the European Parliament and the Council of the European Union

More...

Excesul neimputabil. Evoluția istorică a conceptului, aspecte de drept comparat și practică judiciară.

Author(s): Maria Oprea,Gina-Gabriela Oprea / Language(s): Romanian Publication Year: 0

Starting from three cases ruled by Buzau County Tribunal, the Criminal Section, as a primary instance, we are aiming to analyse the conditions in which can be considered that the facts provided by the criminal law have been committed taking into account the self-defense, non-imputable excess of self-defense or excusable excess (overpassing the limits of self-defense) or the stage of incitement. The analysis is completed by the evolution of non-imputable excess, aspects of comparative law and de lege ferenda proposals

More...

Principiile Curții Europene a Drepturilor Omului în cazurile de malpraxis medical din România

Author(s): Lorena-Mihaela Zidaru / Language(s): Romanian Publication Year: 0

Legal and judicial shortcomings of the domestic justice system are undeniable given that in recent years the European Court of Human Rights has repeatedly found the Romanian state guilty for violating several articles of the European Convention. Numerous convictions have been given in medical malpractice cases developed in sanitary facilities that have resulted in injuries of body integrity or death of the patients concerned. Even though the Romanian state has solved most of the problems it faced at the time of the facts and which have, in fact, led to violations of citizens' rights, as found by the Court, there are still issues for which no solutions have been identified.

More...

Evoluţia măsurilor de protecţie a tinerilor în contextul garantării dreptului fundamental la informaţie

Author(s): Alina Popescu / Language(s): Romanian Publication Year: 0

The foundation of any knowledge-based society are the individual's right to information and the freedom of expression, both of which stand as the basis of a democratic society and of the other rights and freedoms. When it comes to the right to information, one must bear in mind that everyone has the right to access information, which is imperative for their social development. At both European and national level, the right to information is guaranteed, but it is a right likely to be limited.Within the study I will analyse the manner in which the limitation of the right to information is made in order to provide measures for the protection of young people. In a society with a rapidly evolving information technology, accessible to a growing number of people (including minors), it is necessary to adopt technical and legislative measures meant to ensure a harmonious development of young people without affecting them physically, mentally or even economically.On the other hand, as with any approach to the guarantees and limitations of a fundamental right, a balance must be maintained between the two measures, so that the right itself should not be emptied of content and the measures be circumscribed to the objective pursued, the protection of young people. The challenges in this area are even greater as we are already talking about instantaneous, immediate communication, which does not comply with well-defined rules, especially in the on-line environment.

More...

Legea penală ca instrument al politicii penale în ultimul secol (1918-2018)

Author(s): Roxana Ifrim / Language(s): Romanian Publication Year: 0

In the present communication, it is stated that in every social order (1918-2018), criminal policy, criminal law and punishment, expressing the will and the legal conscience of the ruling class in that order, aim at defending against crimes, essential social relations for the existence of that society, relations that ensure the dominant position of the class holding the economic and political power.

More...

Omorul prin omisiune

Author(s): Mioara-Ketty Guiu / Language(s): Romanian Publication Year: 0

In short, this paper ascertains two aspects: on the one hand, the fact that the crime of omitting to aid one whose life is in peril is a crime against life; on the other hand, the fact that it is important that, within the group of crimes against life, it be introduced a new crime, that of omitting to impede death, which should be stipulated within two normative means.

More...

$Infracțiuni cuprinse în Codurile Silvice din 1918 până în 2018$

Infracțiuni cuprinse în Codurile Silvice din 1918 până în 2018

Author(s): Sorin - Alexandru Vernea / Language(s): Romanian Publication Year: 0

The purpose of this paper is to highlight the main criminal regulations found in Romanian Forest Codes, enforced in the last century.In order to establish a frame for the content of this article, its structure shall be divided in six parts.The first part will point out the terminology used in Romanian Criminal Codes of 1864, 1936, 1968 and finally 2009 that were enforced simultaneously with the Romanian Forest Codes of 1910, 1962, 1996 and finally 2008, which shall prove to be necessary for the analysis proposed.The second, third, fourth and fifth parts will focus on specific criminal provisions found in each of the Romanian Forest Codes from 1910, 1962, 1996 and finally 2008.The sixth part will consist of a brief conclusion, considering the manner in which forest legislation has evolved in the last century.

More...

$Particularitățile conținutului constitutiv al infracțiunilor silvice, în situația subiectului activ persoană juridică$

Particularitățile conținutului constitutiv al infracțiunilor silvice, în situația subiectului activ persoană juridică

Author(s): Andreea Vernea / Language(s): Romanian Publication Year: 0

In this paper the author will point out the main particularities of criminal regulations found in the Romanian Forest Code, namely Law no.46/2008, when the perpetrator of the crime is a legal entity.For the purpose of this article, its structure shall be divided in three parts.The first part will briefly point out the relevance of this study by reference to the necessity of environmental protection.In the second part, each of the crimes provisioned in art.106-110 of the Romanian Forest Code will be briefly analyzed, only in regard of the constitutive structure of the crime, if the perpetrator is a legal person.The third, and final part, will consist of a brief conclusion, pointing out the main deficiencies in enforcing the law in this particular type of cases.

More...

Soluții juridice pentru stoparea fraudei fiscale a multinaționalelor din România

Author(s): Constantin Neacșu / Language(s): Romanian Publication Year: 0

The subject of tax fraud is the subject of many debates, focusing on both domestic and global economic space. Unlike world concerns, domestic concerns to reduce tax evasion are particularly limited to taxing small businesses, knowingly avoiding the sphere of tax havens.

More...

$Evoluția infracțiunii de favorizare a făptuitorului în legea română. Unele elemente de continuitate$

Evoluția infracțiunii de favorizare a făptuitorului în legea română. Unele elemente de continuitate

Author(s): Ioana Rusu / Language(s): Romanian Publication Year: 0

In the present study we briefly examined the offense of favoring the offender, in a special manner since the first mention, namely that of the Criminal Code from 1864 to the present day.We also presented some opinions promoted by the doctrine of time, as well as some cases settled by the case law, highlighting the consistency of the Romanian legislator in the provision of the group of crimes against justice and the crimes examined, as well as the progress of the criminalization regarding its legal construction.Last but not least, I have insisted on some similarities between the crimes of this fact in the four criminal codes.The elements of novelty consist both in the examination carried out and in highlighting some aspects regarding the continuity of incrimination and the continuous improvement of the text of incrimination.The work may be useful to students and master students from faculties, as well as practitioners in the area of applying more favorable criminal law.

More...

Tăinuirea în legea română. Evoluția incriminării de la Codul penal de la 1864 la Codul penal în vigoare. Unele aspecte care privesc consecvența legiuitorului român

Author(s): Bogdan Bîrzu / Language(s): Romanian Publication Year: 0

In the present study we proceeded to the brief examination of the constitutive content of the crime of concealment, as well as the evolution of this criminalization since the first express mention, respectively, of the Criminal Code of 1864.Also, during the examination, I also presented some comments of the time doctrine, as well as examples from the jurisprudence of some Romanian courts, including the supreme court.Last but not least, I highlighted the Romanian legislator's consistency in mentioning this crime in the four criminal codes, as well as its evolution, especially in terms of legal content.The novelty of this work is the comparative examination of the offense, the evidence of consistency and the progress made in its legal content, as well as the presentation of some comments of the doctrine of time, supplemented by specific jurisprudence.The work may be useful for students and master students of faculty in the country, practitioners in the field, as well as for all persons interested in the progress of this incrimination over time.

More...

$Infracțiunile contra înfăptuirii justiției în legislația română de la Marea Unire până în zilele noastre. Continuitatea incriminării$

Infracțiunile contra înfăptuirii justiției în legislația română de la Marea Unire până în zilele noastre. Continuitatea incriminării

Author(s): Ion Rusu / Language(s): Romanian Publication Year: 0

In the present study we briefly examined the group of crimes against the accomplishment of the act of justice provided by the Romanian criminal law starting with the first Romanian Criminal Code from the modern age of Romania to the present day, as well as the continuity of the criminalization of such facts. The examination also took into account some decisions of the jurisprudence of those times as well as some opinions promoted in the Romanian doctrine. The novelty elements that are promoted in the paper aim at the brief examination of the group of crimes foreseen in each of the four Romanian criminal codes, as well as highlighting the concern of the Romanian legislator for the criminalization of these categories of facts in separate chapters or titles. Another element of novelty is the comparative analysis of the continuity of criminalization of facts starting with the first Criminal Code and to date. The work may be useful for students and master students from the law faculties in the country, as well as for researchers or practitioners concerned with the evolution of the criminalization of this group of facts over time in the Romanian criminal law.

More...

0.00 €

Security Sector Capture in Serbia – An Early Study

Author(s): Katarina Đokić,Saša Đorđević,Marija Ignjatijević,Jelena Pejić Nikić,Predrag Petrović / Language(s): English

Report on state capture in Serbia is BCSP genuine and pioneering work aiming to document and deconstruct ongoing process of state capture in the security sector through presentation of mechanisms, actors and consequences of this process. For several years now, various international indexes have been measuring the stagnation and decline of democracy, the rule of law and fundamental freedoms in Serbia. Although the country is still formally in the process of European integration, the European Commission noticed back in 2018 that there are elements of state capture in the entire Western Balkans region. Due to the significance and ubiquity of this phenomenon in Serbia, the BCSP has embarked upon a pilot research project that aims to establish the main factors and conditions, as well as the mechanisms and actors, involved in state capture in the security sector. The capturing of the police, the security services and the defence sector in Serbia is analysed in this early study. Furthermore, it was necessary to situate the analysis in the country’s political context, and special chapters cover parliamentary oversight and control and the security sector financing. The research was conducted from May 2019 to April 2020 and is based on insights gleaned from both primary and secondary sources.

More...

0.00 €

Rod i nasilje na Balkanu

Author(s): / Language(s): Serbian

Before you is a collection of texts "Gender and Violence in the Balkans", which presents a comprehensive analysis of gender-based violence and the wider impact of gender issues in the society of the Balkans. The collection is the result of the work and thinking of the participants of the "Gender and Violence" Winter School, who developed their texts with the mentoring support of their professors. This collection not only documents the key insights that shaped the Winter School program, but also includes discussions during it, and deepens the understanding of the complex connections between gender, gender identities, and the various forms of violence that society reproduces and tolerates. Through different approaches and perspectives, authors explore how gender manifests itself in different spheres of social life - from public spheres such as law and politics, through education, science, culture and art, to deeply personal and intimate aspects of life. The papers in this collection try to shed light on how gender, as a construct, affects various aspects of life and how violence, especially directed against women, shapes the socio-political and cultural reality of the Balkan region.

More...