CSD Policy Brief No. 24: Introducing Organised Crime Threat Assessment

Author(s): Author Not Specified / Language(s): English

MAIN POINTS * Introducing of EU-wide best practices of producing on a periodic basis of national reports assessing the threats from organised crime, which will facilitate the daily and long term activities of Bulgarian law-enforcement institutions. * Establishing of a permanent mechanism of institutional interaction, which will give full use of the instruments of publicprivate partnership, aiming at widening transparency in law-enforcement activities. * The application of modern methods for operative information gathering and analysis of the activities and finances of the organised criminal groups, in addition to the illegal markets under their controls. * Taking measures to facilitate the exchange of data between Bulgarian lawenforcement entities and between them and their EU counterparts in accordance with the Stockholm Program of the European Council.

CSD Policy Brief No. 29: Public Trust in the Criminal Justice System – An Instrument for Penal Policy Assessment

Author(s): Author Not Specified / Language(s): English

MAIN CONCLUSIONS: ››› Of all the EU member states, Bulgaria is the country whose citizens are the least satisfied with the performance of the main government institutions. ››› Trust in the main institutions concerned with criminal justice in Bulgaria – the police and courts, is low and has remained practically unchanged over the last decade. At the end of 2010, a positive evaluation of police performance was given by less than half of the country’s adult population and barely one in five gave a favorable opinion of the courts. ››› The low public trust in the courts and police can also be accounted for by the high level of corruption in these institutions. ››› The low trust in the courts and police is conducive to public attitudes of insecurity. Society begins to perceive crime as an inherent part of reality rather than a problem that can actually be addressed. ››› A state’s penal policy can only produce results if sufficient attention is paid to trust, legitimacy, and security. It is therefore recommended to adopt a system of indicators for the assessment of public trust in criminal justice in Bulgaria. ››› These indicators are an instrument for improved formulation of the problems faced by criminal justice institutions and for more effective monitoring of changes in public attitudes. This would make it possible to focus the attention on strategic issues and long-term policies in the area of security and justice not only on the national, but also on the European level. In order to ensure comparability of the impact assessment of various implemented policies, it is recommended to adopt uniform indicators for measuring trust in criminal justice in the European Union and the member states, which should take place within the timeframe of the Stockholm Programme (2010-2014).

CSD Policy Brief No. 31: Antimafia: The Italian Experience in Fighting Organised Crime

Author(s): Author Not Specified / Language(s): English

KEY POINTS The Italian approach to countering organized crime encompasses a number of complementing measures, which are tailored to the specific threats posed by the mafia. ››› Specialised legislation for facilitating and accelerating of pre-trial and judicial proceedings against mafia leaders and members ››› Harsher penalties and special penitentiary regimes against high level members of organised crime groups, which pose a serious threat to society. ››› Preventive confiscation allowing for expropriating mafia assets in favour of the society and the state. ››› Holistic antimafia policies have been pursued in the infiltrated by the organised crime municipalities and provinces. These policies include dissolving of the mafia controlled local authorities and implementing programs for improving security and economic development in Southern Italy.

CSD Policy Brief No. 33: Management and Disposal of Confiscated Criminal Assets

Author(s): Author Not Specified / Language(s): English

KEY POINTS ››› The management and disposal of confiscated assets are important aspects of the overall process of confiscation, but they still remain marginal to the public debate in Bulgaria. ››› The existing legal and procedural gaps impede the effective management of confiscated property, frequently causing its plundering or demolishing. ››› The sale of confiscated real estate is further complicated by problems with mortgages and executive charges, incomplete property documentation, reputation of the former owner, and unfavourable market conditions. ››› The Bulgarian legislation concerning the allocation of proceeds from the sale of confiscated property is not in compliance with the relevant ratified UN conventions, which recommend using these revenues for compensation of the victims of crime. ››› The legal possibilities provided by Bulgarian law for re‐use of confiscated property for socially beneficial purposes are seldom applied and are not sufficiently publicised among the potential beneficiaries. ››› Among the important legislative gaps is the lack of a specific procedure for the transfer of confiscated real estate. The introduction of such an instrument could facilitate the utilization of these assets for the public benefit.

TUŽILAŠTVO - Za građane

Author(s): Author Not Specified / Language(s): Bosnian

Razuman rok u krivičnom postupku: prijedlog za novi metodološki pristup prikupljanju i izvođenju tužilačkih dokaza

Author(s): Branko Perić / Language(s): Bosnian

In this paper, the author discusses the existing case law in terms of application of the partisan (adversary) procedural model from the perspective of a speedy trial (trial within a reasonable time-frame), focusing on Prosecutor's obtaining evidence during investigation and presentation of evidence at the trial. A particular aspect is related to the structure of indictment, preparation of witnesses and the concept of adducing physical (documentary) evidence. The author advocates a dialogue between the legislator and the judiciary concerning the issues of efficient criminal justice system and seeking solutions in two directions: by rationalization of evidentiary proceedings and by interventions with the procedural legislation to secure speedy trial.

Odgovor Tužilaštva

Author(s): Vesna Rakić Vodinelić / Language(s): Serbian

Ovo obaveštenje sam promptno dobila iz Tužilaštva za organizovani kriminal kao odgovor na našu krivičnu prijavu protiv Vladimira Đukanovića. Suština je u tome da oni smatraju da mi nismo pružili dovoljno dokaza za osnove sumnje da je Đukanović organizovao kriminalnu grupu, te da bi time izvršio krivično delo iz čl. 346. Krivičnog zakonika. Za preostala dva krivična dela, izazivanje opšte opasnosti iz čl. 278. i povrede ravnopravnosti iz čl. 112 Krivičnog zakonika, obaveštena sam da je krivična prijava upućena Republičkom javnom tužilaštvu koje treba da odredi stvarno i mesno nadležno tužilaštvo, tj. više njih, s obzirom na različita mesta na kojima su dela izvršena, koja će dalje postupati.

Criminal Law Framework for Processing Hate Crimes

Author(s): Ljiljana Filipović / Language(s): English

Analysing the criminal law framework for processing a certain type of criminal offence presupposes that this criminal offence differs from other criminal offences by one or more characteristics and that this specificity has implications for the application of certain general institutes of criminal law (substantive and procedural). With hate crimes, this distinctive characteristic is the particular motive for their commission. This paper deals with the significance of this special characteristic for the processing of hate crimes understood as per the changes and amendments to the Criminal Code of Republika Srpska (hereinafter: CC RS), the Criminal Code of the Brčko District of Bosnia and Herzegovina (hereinafter: CC BD BiH) 2010 and the Draft Law on Changes and Amendments to the Criminal Code of the Federation of Bosnia and Herzegovina (hereinafter: CC FBiH), June 2013.

Krivično djelo izazivanja nacionalne, rasne i vjerske mržnje, razdora ili netrpeljivosti: Nepreciznost norme i problemi u njenoj praktičnoj primjeni u Bosni i Hercegovini

Author(s): Not Specified Author / Language(s): Bosnian

Razlike u propisivanju krivičnog djela izazivanja nacionalne, rasne i vjerske mržnje, razdora ili netrpeljivosti (u daljnjem tekstu: izazivanje mržnje), neprecizne formulacije i nedostatak definicija ključnih termina u zakonskom opisu tog djela u četiri važeća krivična zakona u Bosni i Hercegovini otežavaju efikasno i konzistentno procesuiranje počinilaca ovog krivičnog djela.

Полицијска овлашћења и превенција криминалитета - тренутно стање и перспективе

Author(s): Gojko Šetka,Predrag Popović / Language(s): Serbian Publication Year: 0

In the contemporary social discourse, innovative approaches to police work and new possibilities and ways of crime prevention are more and more talked about. Somehow, one gets the impression that the traditional way of police action is being quelled, and that it is no longer of greater importance for crime prevention. For this reason, we came up with the idea to analyze the correlation between the application of police powers and crime prevention in order to identify how effective the police can be in crime prevention through the application of their powers. Also, within the paper, a prediction was given regarding the near future, in the context of the police powers application, i.e. the influence of the police on crime prevention through the application of police powers and the traditional approach of police work. However, we believe that instead the neglecting the traditional approach of police work, we should innovate and modernized it, preserving its essential values. In the paper, we will analyze the parts of the research conducted that can provide clear answers to the particular questions sought in this paper. The a/m research has a special value because the sample examined refers to the police officers who are currently employed in the police agency. In this paper, the following scientific methods were used: content analysis, statistical method, inductive-deductive method and forecasting method. The basic hypothesis in this paper reads: If the police were given wider police powers, they would be more effective in crime prevention.

Празнине у примени новчане казне код имовинских кривичних дела у законодавству и пракси Републике Србије

Author(s): Gordana Nikolić / Language(s): Serbian Publication Year: 0

The Republic of Serbia's criminal legislation provides for a system of punishments that includes not only imprisonment, work in the public interest, and revocation of a driver's license, but also a daily or fixed fine. A fine is one of the oldest criminal sanctions and was created in connection with the system of composition according to which the perpetrator paid a certain amount of money to the victim or his family as compensation for the crime committed. Once the penalty of deprivation of liberty emerged, it briefly faced suppression before regaining its wider application, primarily as a replacement for short-term sentences of deprivation of liberty. Today, it is becoming somewhat abandoned, it seems to us that it has not achieved its full application, and that for some criminal acts, it should be introduced cumulatively with a prison sentence. In the paper, the author reviews some general provisions of the fine, analyzing its practical application according to property crimes where the Code does not prescribe it. However, because these crimes involve acts of self-interest, the legislator has the authority to impose the fine as a secondary punishment, in accordance with general principles of criminal law. The fact that fines for property crimes are not always fully applied suggests that they should be added to the legal punishments for crimes, either in addition to or instead of imprisonment, and that they should be used with more care and attention.

Judicial Discretion in Canary Islands In Early Modern Age. The Spanish Criminal Justice in a Border Place

Author(s): Belinda Rodríguez Arrocha / Language(s): English Publication Year: 0

The main purpose of this paper is to elucidate the impact of judicial discretion in criminal justice during the 17th and 18th centuries, paying special attention to Canary Islands. This Atlantic archipelago was a territory belonging to Spanish Monarchy, and it was an enclave between Africa, Europe and America. For this reason, those islands were considered frontier areas in Early Modern Age and the Contemporary Age. This characteristic manifested itself social reality and daily life. Furthermore, the projection of those factors was notorious in criminal cases. The judicial records pertaining to sexual offences provided illustrative examples of the connection between social problems and certain types of crimes. During this historical era, the judges’ discretion served as a crucial tactic to mitigate the impact of unsystematized royal legislation, while also safeguarding medieval laws that remained in the 18th century. Simultaneously, the judges’ reasoning and the specific circumstances of each case, such as the ages of offender and victim, their social status, or the location of the crime, shaped the judicial decisions without any motivation. In this sense, discretion played a decisive role under the Castilian model of justice. The sources of this essay are the specialized literature, the Early Modern legal and doctrinal works, and the records belonging to the Historical Archive of the Province of Santa Cruz de Tenerife and the Historical Archive of the Canarian Museum.

Special Measures to Investigate Computer Crime

Author(s): Maria Gabriela Zoană / Language(s): English Publication Year: 0

Investigating fraud committed through computer systems requires an increasingly elaborate and innovative methodology due to the fact that judicial bodies are forced to keep up with the accelerated development of criminal networks and advanced techniques for committing computer crimes, the Internet becoming a difficult space controllable and immense for victims and offenders due to its cross-border nature. The complexity of forensic investigations is due to the difficulty in identifying the real author of the crime in question and the timely detection of the commission of computer crimes. The vulnerability associated with computer systems and the multiple possibilities of long-distance action by criminals create advanced levers for forensic investigation of this type of crime. The European Union shows a constant concern for limiting and combating computer crime and has created the general legal framework that allows member states to homogenize national legislation by referring to the Council of Europe Convention of 23.11.2001 on computer crime, strengthened by Directive 2013/40/EU of the Parliament European and Council of 12.08.2013 on attacks against computer systems. Recently, the European Parliament adopted on 13.03.2024 the Regulation on Artificial Intelligence, the first harmonized European legislative proposal in the field of artificial intelligence, a regulation that focuses on the major risks that the authorities must consider. New technologies and the scale of the development and use of artificial intelligence create even greater difficulties for judicial bodies in preventing, detecting, investigating and combating computer crimes.

The Relation Between Doctrine as a Source of Law and the Principle of Legality of Indictment

Author(s): Cornelia Beatrice Gabriela Ene-Dinu / Language(s): English Publication Year: 0

The principle of legality of indictment helps to protect individual rights and to ensure fair and equitable justice. Criminal law is a branch of law that has a significant impact on individual liberty and the fundamental rights of persons, as it establishes the most severe legal liability in society. The principle of legality of indictment is essential to ensure the protection of individuals against arbitrariness and abuse of power committed by the authorities. Furthermore, the legality of indictment ensures predictability and certainty in the application of criminal law, contributing to society's confidence in the criminal justice system. The European Court of Human Rights has established that the legality of indictment, in the sense of accessibility and predictability of the law, is an essential aspect of respecting human rights within the field of criminal law. The law, in particular criminal law, must be spelled out with sufficient clarity to enable individuals to regulate their conduct in accordance with legal provisions. There are situations where normative construction, including criminal law, requires clarification to ensure uniform application. The normative interpretation provided by the High Court of Cassation and Justice, through referrals in the interest of the law and preliminary rulings aimed at clarifying points of law, plays a vital role in enhancing the legal framework. This process allows the doctrine to make a crucial contribution to the clarification and consolidation of the normative text, thereby ensuring consistency and predictability in its application.

Crimes That Can be Committed Online: Crime Against the Person

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

The present article proposes a brief presentation of the criminalization rules in Romania that address incidents and provide protection against possible illegal conduct that can be committed online, with reference only to the most common crimes against the person in the online environment. To con-textualize the problem that is the subject of this study, preliminary aspects regarding crimes against individuals in general and those likely to be committed online will be presented initially. Subsequently, general considerations will be made regarding the active subject, the passive subject, and the immediate follow-up of the crimes relevant to the matter, as well as procedural aspects. The purpose of this article is to raise an alarm signal and highlight the importance of acts committed in the online environment that could be criminalized from a legal perspective, along with the means available for individuals to protect themselves against the potential illicit conduct of malicious persons.

Appeal on the Duration of the Criminal Proceedings

Author(s): Bogdan Buneci / Language(s): English Publication Year: 0

The special procedure of the appeal concerning the duration of the criminal trial does not concern the resolution of a criminal case, it does not offer absolution on matters of fact or law that anticipate the way of solving the criminal trial, it does not dispose on the guilt of the defendant or on the punishment imposed on him. Instead, its primary focus is on addressing the excessive or unreasonable character of the duration of the criminal trial in a procedure characterized by contradictory and orality. In this context, the defendant, the injured persons, the civil parties, the parties with civil liability or the prosecutor, in the exercise of their rights, may use this special procedure necessary to respect the right to a fair trial.

The Essential Features of the Offense in the Romanian Criminal Code

Author(s): Gabriel-Alin Ciocoiu / Language(s): English Publication Year: 0

This study focuses on the essential features of the offense outlined in the Romanian Criminal Code of 2009, which came into force in 2014. The 2009 legislator preserved the tradition of the Criminal Code of 1968, maintaining the marginal name of “Essential features of the offense,” although these features are sufficient to substantiate a formal definition of the offense. The norm that defines the offense is a true rule of law, not a norm with the character of a simple definition. Consequently, it must be realized in all aspects it provides. The existence of the offense requires the fulfillment of all its essential features, and the lack of any of these features leads to the non-existence of the offense, resulting in the removal of the criminal nature of the act.

FORME DE VINOVĂȚIE ALE CONDUCĂTORILOR AUTO ÎN ACCIDENTELE RUTIERE

Author(s): Cătălin Codescu / Language(s): Romanian Publication Year: 0

Although legal language has nuances, sometimes substantially different from common language, there are situations in which legal interpretation tends to remove the meaning intended by the legislator of some terms or phrases and replace it with the common meaning. Such a situation is the one related to the phrase "traffic accident". In the case of such an event, the form of guilt can be both negligence, specific to random and unforeseen events, and intent, specific to events in which the author seeks or accepts the production of a socially dangerous result. The difference between these forms of guilt can only be made following a detailed analysis of the circumstances in which the event occurred but also of the aspects concerning the author's personality.

PROVOCĂRI ALE UTILIZĂRII INTELIGENȚEI ARTIFICIALE ÎN SISTEMUL DE JUSTIȚIE

Author(s): Ionuț Daniel Dumitrașcu / Language(s): Romanian Publication Year: 0

Artificial intelligence has become a tool with transformative impact in various sectors of society and promises significant advances, including in the justice system. However, the integration of artificial intelligence in justice poses major challenges, in particular those related to transparency, accountability and decision-making ethics. This article analyzes the duality of using artificial intelligence in the justice system, highlighting both benefits and risks. In addition, it discusses the European regulatory framework in the field and proposes strategies to balance technological innovation with the fundamental principles of justice, ensuring the prerequisites for a transparent, fair and trustworthy system. It also addresses concrete research topics such as the risk of recidivism, the assessment of individuals' honesty and the investigation of certain types of crime.

PROCESUL DECIZIONAL ÎN SITUAȚII DE URGENȚĂ ÎN CADRUL STRUCTURII DE ORDINE PUBLICĂ

Author(s): Andreea-Mălina Luncanu,Oana Mihaela VIȘAN / Language(s): Romanian Publication Year: 0

The public order carries out analyzes regarding the evolution of crime in the fields of competence, especially street crime, and depending on the conclusions drawn, establishes various measures to increase the efficiency and effectiveness in preventing and combating it. Also, the public order structure participates directly in the organization and carrying out of missions to ensure public order and tranquility at public events with a high degree of risk and ensures the direct coordination of public order forces. In this context, the emergency decision-making process in the fields of the public order structure represents a concept under consideration for clarification and development, as well as for standardization at the national level.Overcoming the effects of emergency situations, such as detecting, catching perpetrators or intervening in events reported by citizens, requires an extensive and complex effort on the part of all the decision-making and instrumental-operational factors of society, in a coherent conception, which ensures the fulfillment of the objectives proposed under conditions of rationality and efficiency. This process requires the establishment and exercise of a specific management - the management of emergency situations, still in the beginning period of its theoretical development and practical application.In the field of public order, it is necessary to analyze all solutions to street crime. We are in the situation of making a decision. For each option, the strengths and weaknesses, the resources allocated, the time required and the risks are analyzed. Choosing a variant among the many possible options following the combination of the above factors means making a decision.