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.

Theoretical and Practical Aspects Regarding the Commission of the Offence of Destruction by Participants in Sports Events

Author(s): Nicoleta-Elena Heghes / Language(s): English Publication Year: 0

In the present paper, we analyze the crime of destruction - art. 253 of the Romanian Criminal Code, committed by participants in sports events. By criminalizing this act, the legislator wanted to ensure the protection of another's property, viewed from the perspective of his material condition. The participants in sports events, in our case the fans, support their favorite team or favorite athlete, but there are situations when some of them resort to actions of vandalizing stadiums, sports arenas, shops, bars, street furniture, parked cars, etc. There were cases when they used pyrotechnic materials prohibited by the current regulatory framework, threw various objects on the field, including broken seats from the stands, provoked acts of violence towards law enforcement, but also towards supporters of the opposing team, etc.

More...

4.50 €

Правна същност и прилагане на малозначително деяние по чл. 9, ал. 2 от Наказателния кодекс

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

The following article examines the issues in conjunction with the legal nature and application of ‘insignificant act’ – a legal norm that can be considered essential for the proper functioning of the Bulgarian criminal justice system. The main goal of this paper is to bring some clarity to the aspects of the examined regulation. In order to achieve this, various standpoints of renowned experts in the legal doctrine as well as some of the relevant case law have been examined. Finally, the position of the author has been stated as a conclusion.

More...

4.50 €

Историческо развитие на системата на наказанията

Author(s): Silvia Stoyanova / Language(s): Bulgarian Publication Year: 0

The paper examines the characteristic features and analysis of the Punishment System in a historical-legal aspect from the beginning of the first written laws of Ancient Babylon (about 2000 years BC) and its ruler Hammurabi. The paper then examines the Punishment System in the Bible, specifically in the Old Testament, as well as the relationship and similarities between the two systems.

More...

4.50 €

Разделението на властите и правото на съдебна защита като основания за възникване на съдебния контрол в наказателния процес

Author(s): Veselina Stavreva / Language(s): Bulgarian Publication Year: 0

The article focuses on the two most essential, according to the author, grounds for the emergence of judicial review in the criminal proceedings - the separation of powers and the right to judicial protection. In general, the development of the idea of the separation of powers is presented through the views of the most famous theorists. Attention is drawn to the difficult path of building an independent judiciary in the country by tracing the implementation of the principle of separation of powers in the country’s constitutions over the years. The role of the judiciary is objectified as the main instrument through which law affects public relations in conditions of pandemics, wars and social inequalities, when the rights of citizens are affected to a more serious degree, especially in the criminal process. The normative consolidation of the judicial protection function as part of the role of the State of Law in the country and around the world is reflected. The main ways to protect the rights of citizens in the criminal process by means of judicial protection procedures and judicial review are also considered.

More...

4.50 €

Прилагането на закона за чуждестранните корупционни практики на СAЩ в US V. Kаy и US V. Harder като пример за подобряване на българското законодателство в борбата с корупцията

Author(s): Ventsislav Velikov / Language(s): Bulgarian Publication Year: 0

This report analyzes the US Foreign Corrupt Practices Act (FCPA) through the prism of the history of two case studies from the practice of US courts, as well as the decisions on them of the relevant courts. The two case studies have been selected in view of their practical significance for the application of the FCPA and the benefits they would have for improving the Bulgarian anti-corruption legislation. The first case - United States v. Kay explains the importance of having a ‘business nexus’ in cases of giving a bribe leading to the acquisition, retention or transfer of a business to another person in a foreign country. The court decisions in the second case - United States v. Harder lead to clarification of the legal framework and content of the concept of ‘foreign official’ under the FCPA. The case examined the legal status of the European Bank for Reconstruction and Development as a public international organization, as well as the status of its officials who participated in a corruption scheme. Based on the analysis of the two cases, this report concludes with proposals for improving the Bulgarian theory and legislation, especially the content of Article 6 of the Counter-Corruption and Unlawfully Acquired Assets Forfeiture Act.

More...

4.50 €

ZAKONSKI OKVIR MALOLJETNIČKOG PRAVOSUĐA U REPUBLICI SRPSKOJ

Author(s): Nadežda Gudelj,Husein Ljeljak / Language(s): Bosnian,Serbian Publication Year: 0

The state of juvenile crime in Republika Srpska can be viewed based on the data on registered juvenile crime in the official records of the Statistical Office of Republika Srpska, the Ministry of Internal Affairs, courts, prosecutor's offices, and the Ombudsperson for Children. The structure of criminal offenses committed by minors is far simpler than the structure of criminal offenses committed by adults, where property crimes and blood crimes dominate, considering that almost four out of five criminal offenses committed by minors belong to one of these two categories. This paper briefly presents the most important legal acts related to juvenile delinquency in the Republic of Srpska. In addition to the basic legal acts related to the legal status of juvenile offenders, we also explained the criminal sanctions imposed on juvenile offenders and their legal specificities.

More...

Реформата в българското наказателно право и правораздаване - за или против

Author(s): Momyana Guneva / Language(s): Bulgarian Publication Year: 0

The article is devoted to the reform of criminal law and procedure and to their synchronization with European standards. The necessity of changes adequate to the modern counteraction of contemporary crime is emphasized, however not the indisputable way in which these changes should be implemented. The changes are examined and analysed, covering three main areas: institutional building, criminal procedure and substantive criminal law.

More...

Марксизм в структуре уголовно-правогого мышления

Author(s): Alfred Ernestovich Zhalinsky / Language(s): Russian Publication Year: 0

This article examines the epistemological problems of criminal-law science and Marx's method, which continues to develop today and is consistent with contemporary criminal law thinking. Addressing Marxist theory will help resolve many pressing and complex questions of criminal law, i.e. the range of protected values; the relation of interests of different social groups, the legitimate repression and its consequences, etc.

More...

Тенденции в прилагането на нови технологии за събиране и изследване на доказателства в съответствие с реформите в наказателния процес

Author(s): Kostadin Bobev / Language(s): Bulgarian Publication Year: 0

The article is devoted to the effective use in the criminal procedure of the new technologies of collection and examination of material evidence and to the harmonization of the legal framework regulating the investigative and forensic actions with the latest technical methods and tools applied by the leading forensic institutes and laboratories in Europe and the world. It comments on the processes of unification of the actions and means of application of the different forensic techniques in Europe, regulated by the European Network of Forensic Science Institutes (ENFSI).

More...

Аспекти на реформите в римския наказателен процес по времето на републиката

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Publication Year: 0

The article presents a summary of some facts of the evolution of Roman criminal procedure law and its application in the specific historical context, which as ideas, directions of development and principles may have a bearing on contemporary reforms of this matter. It studies the problem of the bail of the defendant in the Roman criminal process in the reform of criminal justice, which is related both to the constitutional right of defence and to the actual application of the presumption of innocence.

More...

BRIEF CONSIDERATIONS ON SOME DOCTRINE AND JUDICIAL PRACTICE ISSUES IN THE MATTER OF CRIMES AGAINST THE FINANCIAL INTERESTS OF THE EUROPEAN UNION

Author(s): Ruxandra Răducanu / Language(s): English Publication Year: 0

A brief analysis of the crimes against the financial interests of the European Union revealed the main problems generated in the judicial practice by the application of these rules established expressly and distinctly from the rules already existing in the domestic legislation. In 2000, the Romanian legislature regulated, in a distinct chapter of the Law for the prevention, detection and sanctioning of acts of corruption, the crimes against the financial interests of the European Union, stating in article 5 that, by sanctioning them, the law ensures the protection of the funds and resources of the European Union. Problems connected with the relation regarding the concurrence with some of these crimes and crimes regulated in the special part of the Criminal Code, with the establishment of the quality of the active subject or the passive subject of these incriminations, required and still require an analysis in the light of doctrinal approaches and judicial practice. This article aims to highlight the most important problems and their solutions through the lens of legal provisions and jurisprudential solutions.

More...

Някои аспекти на превенцията на престъпността в Древния Рим

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Publication Year: 0

The article aims to point out that crime prevention has its foundations laid back in Antiquity and in particular in Ancient Rome. Prevention is a term having a Latin origin, as stated in all dictionaries. It is since ancient times that not only theoretical views have been formed, but also concrete measures to prevent criminal activity, created sporadically for specific political needs but also consistently following a certain policy to counteract unlawful acts, complementing each other and acting.

More...

Scelestam inierit factionem… (C 9, 8, 5) aneb k účasti na protistátně zaměřené zločinecké skupině

Author(s): Radek Černoch / Language(s): Czech Publication Year: 0

Participation in an organized group which aims to attack a state representative is traditionally one of the most severely punished crimes. The aim of this paper is to analyze the body of crime and the punishments imposed according to C 9.8.5. The punishments will be examined both concerning their efficiency and compliance with modern approaches, such as individual and general prevention and repression, and non-discrimination.

More...

Velezrada v uhorskom stredovekom práve

Author(s): Justyna Segeš Frelak / Language(s): Slovak Publication Year: 0

Treason, or crime of unfaithfulness (nota infidelitatis) was considered as the most serious crime in Hungarian legislation and it included several crimes. It is first mentioned in a law enacted by king Matthias in 1462 that lists approximately 20 crimes. In the 1514 Tripartitum lists more than 30 crimes in 18 points which could be subdivided into 6 subgroups: malice against property (meaning the sovereign), treason and rebellion, violence against authorities and officials, heresy, forging of official documents and money, murder and defilement of relatives. Treason was punished by head and property of the perpetrator. Eventual granting of mercy by the ruler was usually related to the capital punishment but not confiscation of property.

More...

Protistátní trestné činy v moderních kodifikacích

Author(s): David Kolumber / Language(s): Czech Publication Year: 0

The contribution “Anti-state Crimes in Modern Codifications” deals with the topic of anti-state crimes during centuries. Firstly, legal concepts in the pre-state period are mentioned. Then the attention is paid on the evolution of this institute in the Euro-Atlantic area. From this point of view, there are mentioned mainly regulations from England (1351), France (1810), Germany (1871) and Soviet Union (1958) which could be remarked as the most important for the development of other countries. On the other hand, it also reminds the development of codifications in Czechoslovakia, the Czech Republic and Slovakia, which were affected by the Austro-Hungarian legislations as well as German and Soviet approaches. The Czech current arrangement generally does not depart from the other European samples, but it cannot be omitted that in the Czech Republic it is distinguished the penal concept of the high treason (Landesverrat, vlastizrada) from the constitutional concept (Hochverrat, velezrada) which is dedicated to the presidential anti-state activities. The contribution also indicates that the concept of anti-state crimes in countries has not been unified and it has been varying according to various experiences and attitudes.

More...

Poválečné perzekuce příslušníků armády a přijetí zákona na ochranu lidově demokratické republiky

Author(s): Tomáš Řepa / Language(s): Czech Publication Year: 0

After the end of the Second World War, Czechoslovakia was a country at a crossroads. The communists tried to take control of key institutions of the state, including the army. In doing so, a number of illegalities were committed. After the coup in February 1948, this was followed by the adoption of legislation by the already totalitarian state. A striking example was Law No. 231/1948 on the Protection of the People’s Democratic Republic, adopted in October 1948. On the basis of this law, many thousands of people were convicted for alleged anti-State acts.

More...

Trestný čin nedovoleného opuštění republiky v kontextu vývoje protistátních trestných činů od roku 1948

Author(s): Josef Kuchta / Language(s): Czech Publication Year: 0

The Article solves Purposes, Object and Reasons of Filing of the subversive Crimes in the Territorium of the Czech Republic from the Year 1948 up to the Prezent. It consists in two parts – the historical and the juristic Parts. In the first Part it is described the short Knowledge in the Czech Penal Legislatur from the Year 1948 up to the present. On that Background is the Public introduced with the Adjustment of the Crime of the Unlegitimate Leaving of the Republic. The Article concerns its basic Principles and Problems, it shows Deficiences in The Legislatur and Problems with its Realisation in the Practice. It is showed its antidemocratic Character too. On the Base of Statistic this Crime was out of the historical point of view very frequent in the Practice. At the present is its Regulation out of Czech Penal Code, that is in the opposite to Basic Human Rights and it had political and ideological Charakter. It must be but observed, that any subversive Crimes must be maintained in modern democratic States.

More...

Trestný čin poburovania ako nástroj politickej perzekúcie do roku 1989

Author(s): Ondrej Podolec / Language(s): Slovak Publication Year: 0

The paper deals with the formation, legislation, and the development of the application of the „encouraging revolt“ crimes. The charge for those verbal crime was used by the Czechoslovak communist regime as a tool of the politically motivated judicial repression since 1989 up to half of 1980s.

More...

Terorizmus – zločin podľa medzinárodného práva?

Author(s): Lukáš Mareček / Language(s): Slovak Publication Year: 0

Terrorism is a fenomena that is seriously threatening values and interests of the international community. Despite of that the international community was not able to settle its definition yet. If the definition is absent then supression of terorizm by means of international criminal law is in conflict with the principle of legality. Solving of this question is a precondition for evental creation of international criminal organs. In spite of that the issue was not settled the Special Tribunal for Lebanon was created which had crime of terrorism in its jurisdiction ratione materiae. The aims of this paper is to analyse how the Special Tribunal for Lebanon dealt with this problem and to evaluate soundness of its argumentation.

More...

Aktuálna slovenská právna úprava trestných činov proti republike

Author(s): Peter Polák / Language(s): Slovak Publication Year: 0

The contribution deals with current legal regulation of criminal acts against the republic. In terms of general characteristics of these criminal acts their purpose and significance is explained. In terms of a more concrete characteristics of criminal acts against the republic the focus is directed to a definition of basic concepts of facts of crime and other concepts. In the text there are mentioned also theoretical and applicational issues related to legal regulation of these criminal acts.

More...