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4.50 €

Допълнителният протокол към Конвенцията на Съвета на Европа за предотвратяване на тероризма и борбата срещу чуждестранните бойци терористи

Author(s): Irena Ilieva / Language(s): Bulgarian Publication Year: 0

The article is aimed at presenting the international legal regulation of some new accessory crimes, contributing to the commission of terrorism: participating in an association or group for the purpose of terrorism, receiving training for terrorism, travelling abroad for the purpose of terrorism, funding travelling abroad for the purpose of terrorism, organising or otherwise facilitating travelling abroad for the purpose of terrorism. It is a subject of the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism, entered into force in 2017.

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Ислямската религиозна общност в Босна и Херцеговина и борбата с международния тероризъм и радикалния ислям

Author(s): Todor Koburov / Language(s): Bulgarian Publication Year: 0

The study analyses current problems and processes related to the fight against international terrorism and radical Islam in Bosnia and Herzegovina after the appointment of Husein Kavazovic as a religious leader of the Islamic Religious Community in BiH. The positions of the Islamic Religious Community are presented together with standpoints of prominent intellectuals on these issues.

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Qualified Forms of The Criminal Offence of Rape

Author(s): Ivanka Marković / Language(s): English Publication Year: 0

Like other criminal legislation around the world, that of BiH includes different qualified forms of the offence of rape. Although there are some differences in the legislative techniques used to define certain qualified forms in the CC RS, the CC FBiH, and the CC BDBiH, there are no substantial differences among them. All these laws, described earlier, establish the following qualifying circumstances: the age of the passive subject, the motives for and method of perpetration, and actions that result in serious bodily injury or health impairment to a victim, or their death. However, legislators in the Federation of BiH and the Brčko District stipulate different sanctions for the qualifying form of the offence perpetrated against an adult person versus a juvenile. For example, if a rape was perpetrated in a particularly cruel or degrading manner against an adult person, the punishment set out is 3 to 15 years in prison, and if the same offence was perpetrated against a minor, the minimum sanction is instead 5 years. The CC RS does not make this distinction. In all codes, the most severe form of the offence is defined as resulting in the death of the victim.

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Krivični postupak: Postupanje tužilaca i tužiteljica

Author(s): Edin Buljubašić,Nenad Galić,Damir Čačković,Janja Jovanović,Mihaela Jovanović,Katica Jozak Mađar,Milanko Kajganić,Faruk Latifović,Svjetlana Milišić-Veličkovski,Olga Pantić,Mersudin Pružan,Ljiljana Stevanović,Slavica Tadić,Snežana Živković / Language(s): Bosnian Publication Year: 0

Upoznatost s prirodom djela seksualnog uznemiravanja i senzibilisan pristup u komunikaciji sa oštećenom čine preduslov uspješnog i efikasnog procesuiranja seksualnog uznemiravanja.

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Instituțiile iertării, amnistiei și grațierii în dreptul canonic și dreptul penal. Aspecte comparative

Author(s): Cosmin Santi / Language(s): Romanian Publication Year: 0

Forgiveness is the attribute of God’s endless love and is seen in the church law as a pastoral and canon aspect, whereas the criminal law approaches forgiveness as an aspect of clemency and goodwill, under the form of amnesty and pardon. As institution and legal act, canon forgiveness finds its correspondent in the Criminal Code in relation to the legal institution of amnesty, which represents removal of the criminal liability for the act committed. Moreover, every time it occurs subsequent to conviction, it also removes the enforcement of the sentence ruled and all other conviction-related consequences. In addition, it also corresponds to the legal institution of the pardon, which entails in itself the aspect of forgiveness and clemency resulting in the full or partial elimination of the enforcement of the conviction or even the commutation of such sentence to a less severe one. In canon law, forgiveness as a procedural act is granted by the relevant canon authority (The Holy Synod of the Romanian Orthodox Church) only individually, whereas the state law provides that amnesty and pardon should be granted both collectively, in compliance with an organic law, by the Parliament, and individually (pardon) by the President of Romanian who issues a presidential pardoning decree. The right to amnesty and pardon refers to the power and the possibility to forgive and is a corollary of the right to punish and sanction. Forgiveness and pardon are an expression of the mercy and the generosity transcending the legal or formal justice, as justice out of faith is a work of grace that goes beyond the legal formalism and the juridical normativity.

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CIZINEC V PRÁVNÍ PRAXI. NA PŘÍKLADU KNÍŽECÍHO MĚSTA OPAVY MEZI LETY 1643–1670

Author(s): Viktorie Ghiberti / Language(s): Czech Publication Year: 0

Die vorliegende Studie untersucht das Phänomen des Fremden, das wegen der Vielfalt von Interpretationsansätzen eine Unzahl von Fragen anregt, die nicht nur auf dem Gebiet der anthropologischen oder soziologischen, sondern auch der historischen Forschung gestellt wurden. Die historische Forschung arbeitet im Rahmen der Inanspruchnahme des Begriffs insbesondere mit dem Terminus des Fremden im Äußeren, der seinen Sinn in Menschen am Rande oder in sozial anders profilierten Gruppen findet, die jedoch bereits von der Definition her ein Gegengewicht zu der Mehrheitspopulation darstellten, d.h. zu Menschen mit dem Recht (der Macht) zu bestimmen, wer der Andere ist. Bei einer näheren Betrachtung lässt jedoch auch dieses gut integrierbare Wir ein Bild entstehen, das aus vielen und vielen Unsicherheiten besteht, die nicht nur aus dem äußeren Umfeld in Form von Personen erwachsen, sondern es können damit auch sämtliche sonstigen Störungen der sozialen Interaktion bezeichnet werden, egal, ob sie diese unmittelbar oder nur indirekt betreffen. Das ist die erste Seite des Bildes, die es für die Beschreibung des Fremden im Äußeren erforderlich macht, auch sein Gegengewicht – das Fremde im Inneren – zu beschreiben. Das Fremde im Inneren basiert spezifisch in Bezug auf den Forschungsgegenstand auf der städtischen Umwelt, durch die eine Trennlinie in Form des Stadtbürgerrechtes gezogen wurde, das die Stadtbewohner dem Stand zuordnete und die Anderen in einer den Ständen untergeordneten Position beließ.

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Competition between Criminal and Administrative Responsibility - Questions and Solutions

Author(s): Ralitsa Voynova / Language(s): English Publication Year: 0

This article aims to present the essence of the Ne bis in idem principle from a doctrinal point of view, while at the same time emphasizing the more important practical issues in its application. The study also includes a synthesized comparative analysis of the case law of the Court of Justice of the EU, the ECtHR and some national courts. In the comparative analysis these questions are considered in particular - what are the criteria for assessing whether an administrative proceeding is defined as criminal and what are the most common hypotheses of competition between criminal and administrative penal responsibility against the same person for the same act. As a result of the research, some controversial questions regarding the applicable legal responsibility in cases of concurring facts were answered.

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The Principle of Legality and the Retroactive Application of the More Favourable Criminal Law as Guarantees of the Protection of Human Rights Worldwide at the State Level

Author(s): Alexandra Raisa Roşcan / Language(s): English Publication Year: 0

This research aims to carry out a study on the evolution of the principle of legality in the international context, starting from the initial meaning of nullum crimen sine lege and arriving at its approach as a genuine human right. The research is carried out as a result of the analysis of conventions, pacts, books and jurisprudence of international bodies. Theories regarding the application of this principle by international tribunals will be identified, as well as the exceptional situations that led to its violation. This study also aims to address the issue of retroactive application of more favourable criminal law at European level. In this respect, it will be examined whether or not its application contravenes the provisions of the European Convention on Human Rights.

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Due Process in the Light of the Defendants’ Right to Remain Silent in Cases of Economic Crimes

Author(s): Delia Magherescu / Language(s): English Publication Year: 0

By definition, the criminal proceedings are a process of legality, where both the parties and the main processual subjectsʼ procedural rights and legitimate interests are subordinated to the other judicial principles the legality of criminal proceedings is based on. The concept of due process, established by the European Council, is part of the legality of criminal proceedings, whose rules arise both from the provisions of the European Convention of Human Rights and from the jurisprudence of the European Court on Human Rights as well. Thus, it means the European institutionʼs vocation, as a supranational forum. In the current paper, the essential issues regarding the concept of fair trial, as it is viewed from the perspective of the defendantʼs right to remain silent exercised in cases of economic crimes are approached. The aspects of both jurisprudence and doctrine regarding the defendantʼs right to remain silent in criminal proceedings, as well as the other connected procedural institutions of criminal cases have been analysed. The results obtained during the conceptual research activity are provided at the end of the paper, whose conclusions are pertinently argued, specific in the matter of respecting the defendantʼs right to remain silent.

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Extradition. Comparative Analysis

Author(s): Aurel Octavian Pasat / Language(s): English Publication Year: 0

The relevance of the analysis of the issues of the institution of extradition is determined by the need to improve international cooperation in combating crime, expand its scope, apply an integrated approach to interstate cooperation in such a legal segment. As the analysis of the current trends in the development of extradition shows, its restructuring can modernize the legal institution in question, adapting it to the latest conditions in the fight against international crime. In order to achieve the proposed goal, the substantive conditions of extradition in the legislation of the Republic of Moldova were analyzed, in particular to subject to the analysis the conditions regarding the person, through the lens of the comparative analysis of the legislation of the Republic of Moldova and Romania in the context of the non-extradition of one's own citizens, as well as the conditions regarding the fact, in the context of the analysis of the general principles of extradition; to subject the extradition procedure from/to the Republic of Moldova to the comparative analysis with the active/passive extradition procedure in Romanian legislation.

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Legal Professionals’ Effectiveness as Anti-money Laundering “Gatekeepers”

Author(s): Todor Kolarov / Language(s): English Publication Year: 0

The article strives to contribute to the discussion on the topic of the role of Designated Non-Financial Businesses and Professions (DNFBPs) in preventing criminal funds from entering the financial system. Based on empirical data harvested from a target group of lawyers and notaries from three European Union (EU) member states (MS), namely Bulgaria, Italy and Spain, it applies the inductive method to draw conclusions on the strengths of this “gatekeeper” group in detecting money laundering (ML) “red flags” and identifying the ultimate beneficial owner. The conclusion from this empirical analysis is that lawyers and notaries are reasonably effective in detecting ML “red flags”, while encountering difficulties when it comes to more complex ML schemes. They face challenges in the identification of ultimate beneficial owners. The originality and value of this paper lies in its assessment of effective application of legal professionals’ “gatekeeper” responsibilities. It argues that legal profession has the responsibility to improve further its AML capabilities. At the same time, in setting the direction for improvement of the AML regime, the legislator also has a role to play in addressing some of the challenges yet avoiding overwhelming the legal profession with red tape.

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Adoption as a Mode of Committing Child Trafficking

Author(s): Dóra Ripszám / Language(s): English Publication Year: 0

Illegal adoptions violate numerous child rights norms and principles, including the best interests of the child, the principle of subsidiarity and the prohibition of improper financial gain. Specific supply and demand conditions prevail in the adoption market. On the demand side are solvent parents awaiting adoption, who often want to have a child in this way because of their infertility and are thus willing to make a high price/sacrifice. On the supply side, we can distinguish two groups. One group is made up of parents who, for various reasons, are unable to raise their child. They give up all their materials for their child without consideration. The other group is made up of parents who, although not free, are willing to hand over their already born child above a certain price. Whenever illegal procedures are used during an international adoption, the child's identity is likely to be compromised. In the case of child trafficking, for example, children lose their knowledge of their fraud, ethnic roots and medical history forever.

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Запазване на местопроизшествието и ролята му за разследването в досъдебната фаза на наказателния процес

Author(s): Chavdar Petrov Groshev,Dimitar Rumenov Popov / Language(s): English,Bulgarian Publication Year: 0

In this report are discussed practical aspects connected with reserving scene of a crime and his importance for an investigation about secure/ensure possibility to do view, search and/or seizure.

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Обстоятелства, изключващи обществената опасност и противоправността на деянието

Author(s): Anton Girginov / Language(s): Bulgarian Publication Year: 0

The issue of the relationship between public danger and illegality is being investigated with a view to their exclusion in the acts under Art. 12 – 13A of the Criminal Code. The different approach of the legislator and the law-enforcement bodies is clarified. It is concluded that for the law enforcement authorities, the absence of illegality has a leading importance. It is also characteristic of the acts under Art. 12 - 13A of the Criminal Code, because of which the law enforcement authorities do not have to refer to the absence of public danger in their country. The legal text should also comply with this, and for this purpose it should indicate that the acts under Art. 12 - 13A of the Criminal Code are not illegal. Finally, these acts are compared with the minor act under Art. 9, para. 2 of the Criminal Code, which, although also not a crime, has the opposite characteristic.

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Positive Obligations Under Article 3 ECHR A Bypass to Criminal Policy?

Author(s): Gerhard Fiolka / Language(s): English Publication Year: 0

The article examines the extension of positive obligations to the duty to prevent ill-treatment amongst individuals. The extension of scope of application of article 3. The imposition of specific dogmatic concepts to states. Naïve perception of effectiveness of criminal law provisions. Analysis based on «general trends». Cultural imperialism and insensitivity to differences in societies. Unified approach to behaviour as a cluster risk.

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Наказателноправни аспекти на измамата

Author(s): Daniela Doncheva / Language(s): Bulgarian Publication Year: 0

The study examines the concept of the crime of fraud in detail. Going beyond the limits of the Criminal Code, a comparison is made with the concept of deceit in civil law. Fraud as passive and active behavior as this in the contract, as well as deception and falsehood.

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Въпроси на актуалното прилагане на забраната за "реформацио ин пеус" като гаранция за правото на защита на обвиняемия/подсъдимия в наказателния процес

Author(s): Ivan Ranchev / Language(s): Bulgarian Publication Year: 0

Essence of the prohibition of reformatio in peius in criminal proceedure. Effect of the prohibition to worsen the situation of the defendant in the appellate proceedings. Effect of the prohibition to worsen the situation of the defendant in cassation proceedings. Effect of the prohibition to aggravate the situation of the defendant in the proceedings for the reopening of criminal cases.

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Процесуалното положение на родителите и попечителите по делата за престъпления, извършени от непълнолетни

Author(s): Boyan Belezhkov / Language(s): Bulgarian Publication Year: 0

A special place among the special rules for considering cases of crimes committed by minors is allocated to the participation of their parents or guardians. With international acts on children's justice, the role of these actors is primarily associated with providing assistance and emotional support, while in Bulgarian doctrine and jurisprudence, the notion that they contribute mainly to revealing the objective truth about those circumstances related to the person of the minor defendant.The subject of the present study is the procedural situation of the parents and guardians, the conformity of the Bulgarian procedural system with the international standards of justice, according to the best interests of the child, as well as the problems of jurisprudence on the analyzed issue.

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Обезпечаване на разноските в наказателното право и сравнителен анализ с гражданското съдопроизводство

Author(s): Chavdar Petrov Groshev / Language(s): Bulgarian Publication Year: 0

The article examines the question of the "cost" of the legal procedure. When and by whom are the costs of the case paid. Precautionary proceedings, Admission of collateral, Precautionary measures.

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Наказателнопроцесуални аспекти на реторсията

Author(s): Yanko Roychev / Language(s): Bulgarian Publication Year: 0

The presentation analyzes a number of criminal procedural problems arising from the institution of retort. The prohibition under Art. 74, para. 3 of the Code of Criminal Procedure for the accused to exercise the rights of a victim in the same proceedings; the powers of the court in applying retort, including whether the institute is applied ex officio and whether there is a margin of discretion in this regard; the consequences of the defendant's request for retaliation. Emphasis is placed on the controversial judicial practice in connection with the consolidation of cases initiated by complaints of two persons against each other, as well as on the concept of "counter-complaint" and its meaning under the current legal framework. As an institute with long-standing traditions in Bulgarian criminal law, retort has been the subject of numerous scientific studies, which have been analyzed and summarized accordingly.

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