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Полицијски систем БиХ - од Дејтона до данас

Author(s): Stevo Ivetić,Aleksandar Miladinović / Language(s): Serbian Publication Year: 0

The starting point of this work are the provisions of the Dayton Peace Agreement relating to the establishment of a secure environment in BiH, after which the cross section of the post-war security system in BiH. After that, given the constitutional framework of security and policing system in BiH, from 1995 until today, with all the changes in this domain, including domestic and international initiatives for change (reform). The aforementioned monitors display the relevant parties and actors who take part in what will be called ‘police reform in BiH, with the introduction of the most important elements of the given proposal. It is inevitable that in this segment of the show and the role of the international community and the OHR. At the end, the review of the current legislative and institutional framework of the police system in BiH, as well as suggestions to improve current methods of cooperation of police subjects in BiH.

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Use of Electronic Communication Data in Judicial Proceedings

Author(s): Pavel Loutocký / Language(s): English Publication Year: 0

The Code of Criminal Procedure does not specifically regulate the situation of intercepted electronic communications data in criminal proceedings; thus it is necessary to follow general rules on the interception and recording of telecommunications under Section 88 of the Code of Criminal Procedure. This section does not make any difference between various forms of intercepted communication.

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Contribuția jurisprudenței Înaltei Curți de Casație și Justiție privind aplicarea recursului compensatoriu

Author(s): Vasilica-Cristinel Ionescu / Language(s): Romanian Publication Year: 0

The application of the compensatory mechanism in good conduct times, conceived as a general measure of relieving the detention institutions, as expected, has create d certain problems regarding the legal interpretation of some situations. One of these situations was the one regarding the competence of solving the application by which a person deprived of liberty requested the granting of the compensatory days for the rest of the sentence resulting from a previous conviction and which was found in the sentence in which the execution was. The legal problem was solved by the High Court of Cassation and Justice by Decision no.8 of March 11 th , 2019, a decision that we discuss in the article

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Normele de procedură penală la intersecția jurisprudenței Curții Constituționale și a Curții Europene a Drepturilor Omului

Author(s): Alina-Mirabela Gentimir / Language(s): Romanian Publication Year: 0

Current paper underlines the difficulty to establish a unitary approach, necessary for interpretation or for enforcement of legal concepts recently introduced in Romanian legislation by national or European jurisdictions. Between all new concepts specific for criminal trial, the concept of pretrial chamber represents a legal novelty challenged both from the perspective of its opportunity and its availability

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Dreptul penal între asumarea răspunderii pentru proiectul de lege și excepția de neconstituționalitate

Author(s): Tiberiu Viorel POPESCU / Language(s): Romanian Publication Year: 0

Law 286/2009 on the New Penal Code and Law 135/2010 on the New Penal Procedure Code were adopted by assuming the Government's responsibility for the draft law. The appearance of the normative acts has produced numerous changes in the legislative plan, which have not been avoided by some inadvertents, omissions or terminological errors in the field of the pursuit and sanctioning of the different types of crimes. The remedy for the deficiencies found in the active legislative fund is made through an appeal in the interest of the law by the High Court of Cassation and Justice, which gives a general „interpretation” to a matter solved differently by the courts, or by solving an exception of unconstitutionality. to the Constitutional Court, legally notified, when considering the enactment of a normative act in accordance with the fundamental law. In the latter case, the Constitutional Court had an important role in shaping the law after the entry into force of the two mentioned codes.

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Principii de drept penal pentru apărarea ordinii sociale în contextul pandemiei – Covid 19

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

The views expressed below are intended to contribute to the clarification of theoretical and practical issues that give rise to conceptual difficulties, such as: principles of defence concerning social order, legal order, public order , in the well-known context, at present (pademia - COVID 19). In this respect, our criminal law doctrine shows that any branch of law, including criminal law, must have its own system of fundamental principles, distinct from those common to the whole system of law for the defence of public order.

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Audierea inculpatului prin videoconferință și prezența apărătorului ales/din oficiu

Author(s): Mihai Toader / Language(s): Romanian Publication Year: 0

This paper aims to review a legal issue raised in judicial practice regarding the set of rules on the hearing of the detained defendant, as well as the presence of his ex-officio defense counsel, and to provide an acquittal, in principle, of this problem. As the legislator unequivocally established, during the state of emergency, currently established in the context of the spread of the COVID-19 pandemic, the judiciary has the possibility/faculty to proceed to the hearing of the defendant, by means of remote communication, even without consent the defendant. Although the procedural provisions currently require the presence of the chosen/ex officio defense counsel at the place of detention, insofar as the defendant's hearing is structurally and morphologically integrated in the natural course of the criminal proceedings, we consider that the only way to guarantee the effectiveness of the right is in defense of the defendant, is that his defense counsel participate in the trial, directly and directly, before the full court, to actively uphold the rights and legitimate interests of the defendant, throughout the course of the judicial proceedings.

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Crimes which Can Favor the Spread of the SARS-CoV-2 Virus

Author(s): Robert ȘERBĂNESCU / Language(s): English Publication Year: 0

The criminal law is composed of the regulations which are meant to protect the fundamental social values of a society. Also, this branch of the law has the purpose to apply sanctions to crimes committed and to prevent the appearance of future cases. In regards to the current situation generated by the pandemic, the main social value which requires attention is the right for health protection, to be more precise the possibility of an individual to maintain its health without exposure to dangerous factors. As it is the case in every society, there are persons which are not able to understand the danger represented by a certain phenomenon, a similar case which we could refer to is the drug dealing and the illegal human trafficking. These two examples can be compared to the current global pandemic, since they present similarity in the proportion and frequency, at last, the virus being more harmful at this point. When such scenarios become reality the criminal law provides ways of working in order to solve cases that are represented by the misconduct of certain subjects of the law. Considering the present conditions, analysis and therefore, understanding of the regulations provided by the Romanian Criminal Code is necessary in these times of hardships.

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Intensification of the anti-money laundering (AML) regulation and its negative impacts on payments industry

Author(s): Marek Bočánek / Language(s): English Publication Year: 0

New regulatory approaches in relation to money laundering have come with significant changes to the payment environment and affected entities within the industry markedly. Albeit this approach found justification and was enriched by terrorism financing regulations since 2001, such extraordinary pressure placed on banks has now resulted in a highly conservative stance taken by credit institutions towards their existing or new clients, namely due to their stringent risk-based approach. The objective of this article is to point toward the options of banks working together with clients rated as high-risk, instead of discriminating against them. Methods applied in this article will consist of analysis and synthesis or comparison of information obtained with subsequent deduction. The result of this study is the demonstration of options that may be applied instead of purely sanction-like approach. Thus, a more motivating system for businesses or certain industries may be formed, supporting the development thereof.

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International Criminal Court, restorative or retributive justice?

Author(s): Ioana Celina Pasca / Language(s): English Publication Year: 0

This study examines the impact of the rigors of international justice on a community accustomed with informal, “authentic” means of resolving conflicts. The elements of this impact are assessed in relation to the interaction between the traditional restorative justice and the retributive justice specific to the International Criminal Court, especially with regard to the conflict in northern Uganda, which is the object of a lawsuit pending before this court. National jurisdictions and the International Criminal Court cannot be analyzed as opposing, alternative institutions, but only as complementary institutions, acting to restore peace and maintain security. Justice and peace are common goals of both jurisdictions. Peace can only be restored through justice, be it national or international. By analyzing the principle of complementarity, and the role of national restorative measures, we conclude that their interference in the proceedings of the International Criminal Court is impossible, both in relation to the provisions of the Statute and to their nature, their character being eminently ethnic, tribal.

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The impact of the recognition and enforcement of the European confiscation order on the third parties of good faith

Author(s): Elise Nicoleta Valcu / Language(s): English Publication Year: 0

This study aims to bring to the attention of specialists the laudable approach of the Union co-legislator on the adoption of Regulation (EU) 2018/1805 on orders of unavailability and confiscation, a legal step taken to harmonize the legislation on the subject of analysis. The research methods used in our study are: a) the logical-concretized method by using the union and national framework norms in the matter of confiscation; b) the comparative method - in order to perform a comparative analysis of the main institutions of material and procedural law. We note, however, that the provisions of this Regulation are in accordance with the obligation to respect fundamental rights and legal principles enshrined in Article 6 of the Treaty on European Union (TEU2 in the sense that fundamental rights guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms constitute general rules of Union law. The Union norm that represents the theme of this study aims at ensuring the effectiveness of the recovery process of the assets derived from the commission of crimes, respecting the fundamental rights, especially of the third parties in good faith. Specifically, we refer to those exceptional situations, when there are good reasons to believe that, based on specific and objective evidence, the recognition and enforcement of a confiscation order would lead to a manifest violation of a relevant fundamental right of a third party of good faith. For such a situation, the judicial authority of the executing State must reconsider the automatic recognition of the confiscation order, relevant being the fundamental rights, in particular, the right to an effective remedy, the right to a fair trial and the right to defence and not least the right to the guarantee of private property.

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The question of criminal liability of commercial companies under international law

Author(s): Sharique Ali Khan,Hamad Majed Alowaishiq / Language(s): English Publication Year: 0

The absence of criminal liability of companies under international law has created a well-documented accountability gap. Some multinational companies, in their pursuit of profit motives, make decisions that lead to criminal conduct. The United Nations Framework of Analysis for Atrocity Crimes shows an increase in the involvement of mul- tinational companies in crimes of atrocity. The current international legal framework and the Rome Statute of the International Criminal Court pose a challenge in the prosecution of these companies as it does not recognise legal persons. However, the breakthrough comes from a decision to assert jurisdiction over legal persons by the Appeals Panel of the Special Tribunal for Lebanon. Even though the scope of this decision is limited, it is still a substantial shift in how the criminal liability of companies is perceived in international law. This paper analyses these recent developments and highlights possible solutions to end the accountability gap.

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Възможност за участие на трето заинтересовано лице в производството при отнемане на имуществото му в полза на държавата - гаранция за защита на правото на собственост, регламентирано в КЗПЧОС и правото на ЕС

Author(s): Antoniy Gatov / Language(s): Bulgarian Publication Year: 0

The hereunder article aims to propose an analysis of the compliance of several provisions in the Bulgarian Criminal Code and other special Acts regarding the confiscation of property, with Article 1, Protocol I to the European Convention on Human Rights and the European Union Charter of Fundamental Rights. More precisely – when the property is being confiscated even when it is not owned by the perpetrator. The author has examined various positions held in the doctrine and the case law, both at national and European level, based on which has formed a conclusion and has proposed a potential solution to the problem.

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Стопанският подкуп по българското наказателно право

Author(s): Mariya Mihaylova / Language(s): Bulgarian Publication Year: 0

The Bulgarian legislator is faced with the challenge and the need to re-evaluate its punitive policy to protect the normal functioning of the economic system. When regulating such a matter, it is necessary to look for a balance of values and interests, as on the one party is the public interest requiring a stable and workable economy and on the other party stands the private interest requiring certain limits of the state regulation.

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Трговина људима са посебним освртом на жртве - компаративни приказ рјешења кривичног законодавства и анализа судске праксе у Србији и Хрватској

Author(s): Miodrag N. Simović,Vanda Božić / Language(s): Serbian Publication Year: 0

Human trafficking is one of the cruelest crimes against humanity and other goods protected by international law and one of the most brutal violations of fundamental human rights. Modus operandi of recruiting and exploiting victims of trafficking has become increasingly perfidious and brutal. Trafficking in human beings is a global problem and a phenomenon of today’s society and time. The paper provides an overview of the international legal framework for combating trafficking in human beings and provides a comparative overview of the solution of national criminal legislation with an analysis of case law in the Republic of Serbia and Republic of Croatia. The criminal offenses of trafficking in human beings, forms and types of exploitation were investigated, with special reference to the victims of trafficking in human beings in Serbia and Croatia. The authors point out the criminal law solutions of Serbia and Croatia in the suppression of human trafficking, as well as the similarities and distinctions in terms of incrimination and prescribed criminal sanctions. In the concluding remarks,an assessment of the de lege lata situation in Serbia and Croatia was given,and, accordingly, possible proposals for a de lege ferenda in the fight against human trafficking were given.

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Управление миграционними потоками как профилактика преступности в период и после COVID-19

Author(s): Elena Gennadievna Bagreeva / Language(s): Russian Publication Year: 0

In the context of the COVID – 19 pandemic, the problem of migration flows is becoming more acute. The article analyzes the criminal situation in the countries at the beginning of the pandemic period, the structure of offenses. The paper provides a comparative analysis of the management decisions of States in relation to migrants during the pandemic. It is argued that balancing the interests and needs of various groups of the country’s population, including migrants, and the state at the macro and micro levels of social reality will help to avoid a surge in crime.

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Политика сузбијања криминалитета и наука безбедности

Author(s): Marina M. Simović,Miomira P. Kostić / Language(s): Serbian Publication Year: 0

In their paper, the authors first emphasized that the emergence and development of crime prevention are some of the important features of criminal justice systems in modern countries of the World and they often reflect the global “transfer” of prevention practice and idea in the way they are embedded in different jurisdictions and within the jurisdiction of a particular state. This way is always clearly shaped by different local and cultural traditions, as well as socio-legalistic context of issues it regulates. The acceptance of preventive strategies and technologies, in the broadest sense, is conditioned by their comparison with political aspirations, on one hand, as well as their harmony with values of culture, on the other hand. Then, it is important to consider the understanding of crime, order and security, having these three concepts being the key to the development of crime prevention and security in social community.

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Општи осврт на истрагу пореских кривичних дела

Author(s): Suzana Dimić,Mirjana Đukić,Vanda Božić / Language(s): Serbian Publication Year: 0

Through a reduction in taxpayers’ disposable income, taxation has the effect of reducing their economic strength. This so-called economic burden encounters different modalities of taxpayer resistance. Often, they are manifested through the conscious and deliberate undertaking of certain activities by which taxpayers reduce or fail to meet their tax obligations. The most serious forms of illegal behavior of taxpayers are incriminated as tax crimes, which established a system of criminal protection of the fiscal system of the state.The purpose of the investigation is based on gathering a sufficient amount of quality evidence, in order to reach the level of probability as a medium level of certainty that a crime was committed, and thus establish a basis for indictment. As a former duty of the investigating judge, the collection of evidence is entrusted to the public prosecutor in the newly established system of prosecutorial investigation. Tax crimes carry certain specifics, and require to be investigated in a somewhat differently composed investigation. With the participation of the tax police, financial forensics and, if necessary, other experts, the way is opened for the successful prosecution of perpetrators of this category of crimes.

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Мјесто и улога Пореске управе Републике Српске у спречавању кривичних дјела против привреде и платног промета

Author(s): Goran Maričić,Gojko Pavlović / Language(s): Serbian Publication Year: 0

Due to the difficulties in defining the concept of economic crime, it is not uncommon to list criminal offenses that can be considered criminal offenses against the economy and payment transactions. In accordance with the constitutional order in Bosnia and Herzegovina, these criminal offenses are prescribed in four separate criminal laws, i.e. at each level of government in BiH separately. Thus, the Criminal Code of the Republic of Srpska prescribes a total of 31 criminal offenses against the economy and payment transactions, i.e. economic crime. Therefore, the aim of the paper is to first point out the economic crimes that are prescribed in the criminal legislation of the Republic of Srpska, and the special goal is to explain the tax crimes.Comparatively, it is not uncommon for special bodies, such as the financial police, to be established to combat this type of crime, which prescribe competencies and powers that are primarily aimed at preventing and detecting crimes in this area. Recently, however, in order to prevent this type of crime,narrowly specialized organizational units have been formed within the ministries in charge of internal affairs and finance. In this regard, the intention of the authors is to point out the legal and institutional capacities of the Tax Administration of the Republic of Srpska in preventing and detecting tax crimes. A special part of the paper consists of the results of the research conducted in the previous five years, which are related to the forms, structure and dynamics - the phenomenology of economic and tax crimes, i.e. reports submitted to the competent prosecutor’s offices in the Republic of Srpska by the Tax Administration of the Republic of Srpska.

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Казна доживотног затвора као кривичноправни инструмент реакције на криминалитет(оправданост или не?)

Author(s): Ljubana Sladić / Language(s): Serbian Publication Year: 0

The paper discusses life imprisonment as one of the most debatable and controversial types of criminal sanctions. Criminal sanctions are criminal law instruments of response to crime. Whether this type of criminal sanction justifiably has its place in the system of criminal sanctions, whether the arguments for or against it prevail, whether they exist and what the mechanisms for reviewing the same may be, are the questions that the author of this paper deals with.

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