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Persons without adequate professional qualifications or work experience should be trained to perform their general and special duties; Improve life conditions of prison personnel by increasing their pays and introduce other incentives aiming at their better engagement, lawful and conscientious work. Permanently encourage personnel to increase their knowledge and professional capacity by attending courses, additional training and education, counselling and examples of positive management, and to approach their work with more devotion, and efficiency. Introduce training for members of the security services enabling them to handle aggressive prisoners in the most efficient and humane way. Prevent prejudices, notably those of gender nature, in the employment policy; Organise workshops and training related to constructive resolution of conflicts; Educate personnel or engage experts from specific areas to deal with special categories of prisoners.
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Conditions of life and work of the entire personnel should be improved through increased salaries and other benefits that would motivate them to work conscientiously and in a legal manner. In this connection, the existing differences in salaries should be reconsidered while keeping in mind the role and importance of particular services as prescribed by the law; The personnel should be permanently encouraged to upgrade their knowledge and professional capacity by attending courses of in-service training and seminars aimed at improving humane treatment of prisoners, work efficiency and the personnel's commitment to their job; Gender discrimination in the process of recruitment should be prevented; In the process of recruitment, particular care should be paid to a candidate's social and emotional suitability; Additional specialists should be engaged for the work in the admission department; The personnel should be educated in dealing with special categories of prisoners, or specialists should be engaged for this purpose.
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The personnel lacking professional capacity or practical experience should be given a course of training in their general and specific duties; Selection and recruitment of the personnel should primarily depend on their social and emotional competence; Salaries paid to the entire personnel should be increased and they should be otherwise motivated to pursue their duties in an efficient, conscientious and law-abiding manner; The personnel should be constantly encouraged to upgrade their knowledge and professional capacity by attending courses of in-service training, advanced courses and seminars on positive management, so as to enhance their humanity, personal suitability for the work and efficiency; Training in efficient and humane restraint of aggressive prisoners should be organized for the personnel of the security services; Recruitment discrimination based on any prejudice, and particularly gender discrimination, should be prevented; Training programs for and workshops in constructive conflict-solution skills should be organized; The personnel should be trained in or specialists should be engaged for treatment of specific categories of prisoners; Sensitivity training or similar education should be organized.
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The conditions of life and work of the entire personnel should be improved by raising their pay and providing other incentives for their committed, conscientious and lawful work; Personnel should be stimulated at all times to add to their knowledge and to improve their vocational skills by attending vocational development, training and education courses and seminars and by offering examples of positive management in order to encourage humane treatment and enhance efficiency and commitment; Personnel should be educated or specialists engaged to deal with special categories of prisoners; The acute problem created by the absence of the social worker should be solved by engaging a part-time or volunteer worker or in any other appropriate and feasible manner; Workshops and programmes should be designed to educate personnel in the skills of constructive conflict-solution; In selecting personnel, due account should be taken of the applicant’s social and emotional competence.
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The entire personnel's standard of living and conditions of work should be improved through adequate salaries and other remuneration for those who perform their duties diligently, conscientiously and in a law-abiding manner; The personnel should be constantly encouraged to upgrade their skills and professional capacities by attending advanced or in-service courses and seminars, as well as through examples of good management; The personnel should be trained in or specialists should be engaged for treatment of specific categories of prisoners.
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The conditions of life and work of the entire personnel should be improved by increasing their pay and providing other incentives for their committed, conscientious and lawful work; Funds should be provided to improve the vocational training of medical personnel through attendance of seminars in the country and abroad, subscription to professional journals, etc; The security personnel should undergo urgent and comprehensive instruction about psychiatric diseases and addiction and the best methods of dealing with such patients; The security personnel should undergo training to overpower aggressive prisoners quickly and humanely.
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Guided by international rules, and in view of collected data, we think that the admission criteria should include the personality factor, for in practice insistence on educational degree shows to be an insufficient and unsure criterion with respect to the personality factor. Hence sensitivity training or some new education in those terms is necessary. Also, in view of the purpose and objective of enforcement of criminal sanctions, the prison personnel should be encouraged all the time to enrich their knowledge, and professional skills, by attending courses aiming at mastering new skills and knowledge, counselling and positive style management courses; Organise workshops and training programs in skills and knowledge of the constructive conflict resolution; Educate personnel and engage experts of various profiles for the treatment of special categories of prisoners.
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At the beginning of this paper, the author points out that human trafficking is immanent in all social epochs. As the existing concept of retributive justice embodied in criminal law does not produce appropriate results, it is necessary to consider possibility of applying the concept of restorative justice in the fight against human trafficking. After defining the concept of restorative justice, the author emphasizes the existence of two restorative justice models-diversionary and therapeutic. A special part is dedicated to presenting the results of criminological research on the possibilities of applying restorative justice to human trafficking. In the subsequent parts of the paper, the author presents the possibilities of applying the diversionary and therapeutic model of restorative justice under the legal solutions in the Republic of Serbia. The conclusion emphasizes the need of practitioners to consider the possibilities of applying restorative justice to human trafficking in order to pay special attention to the needs of victims of trafficking.
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The contemporary tendencies of criminal legislation i general, including criminal legislation of Serbia, resort to modern concepts of more effective means of combating crime, including the crime of domestic violence. Accordingly, the logical question arises as to whether Serbia has successfully responded to the challenges posed by contemporary society and whether Serbia has respected European standards and postulates of democracy and the rule of law when suppressing this category of crimes. Through an expert and critical analysis of the normative solutions present in the criminal legislation of Serbia, the authors will provide answers and suggestions de lege ferenda on how to combat domestic violence more effectively through the following aspects: first, introductory considerations, second, the pre-crime concept and effectiveness of combating domestic violence in Serbia, third, criminal law protection against domestic violence in Serbia, fourth, empirical research of criminal charges filed for domestic violence and murder in partnership and family relations in Serbia; and fifth, conclusion.
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This article examines the legal implications of the "Armenian genocide" concept and the consequences of pursuing political recognition rather then legal scrutiny. It focuses on the European Court of Human Rights' (ECtHR) ruling in Perincek v. Switzerland, discusses the legal reasoning behind the ruling, and explores its significance in challenging the political recognition of the "Armenian genocide". It also compares the "Armenian genocide" to another instance of contested genocide and highlights the need for legal review in such cases. The ECtHR's ruling in Perincek v. Switzerland emphasizes the importance of freedom of expression and the need for a legal consensus on the matter. The Court refrains from determining whether the 1915 events constitute genocide but underscore the necessity of legal scrutiny over political recognition. This article highlights the importance of legal review in recognizing historical events as genocide. The ECtHR's ruling in Perincek v. Switzerland serves as a significant precedent, emphasizing that political recognition cannot replace legal scrutiny in addressing sensitive legal matters such as genocide. The international community should relay on courts, rather than political bodies, to make determinations about genocide and other international crimes.
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Twenty years ago, defamation was decriminalized in the Republic of Srpska. During that time, a civil lawsuit was successfully prosecuted against a person who defamed another. Defamation was once decriminalized through the lex specialis, the Law on Protection from Defamation. The political will necessitated initiating and completing the legislative procedure in 2023 to return the criminal offense of defamation to the criminal law codification system, the Criminal Code of the Republic of Srpska, be initiated and completed. Violent reactions from journalist associations, non-governmental organizations and representatives of the "international community" failed to stop the criminalization of defamation. The protest campaign achived relative success by reducing defamation fines in relation to the Draft Law on names and amendments to the Criminal Code of the Republic of Srpska. Consequently, the legal consequences of a conviction cannot occur when a fine has been imposed for a criminal offence.
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In the strict sense of the word, family is the foundation of a healthy person’s development, while in a broad sense it represents the foundation of a society. By its legal definition, marriage implies the union of a woman and a man, and in social relations it denotes love, togetherness, peace, tranquility, and happiness. The appearance of domestic violence creates a serious problem not only for the immediate family or the marital/extramarital partner, but also for the entire society. The extended family, that is, third parties, do not necessarily have to be a part of this situation, as it usually happens between the marital/extramarital partners, and in most cases the problem remains between them.The legal position of one of the marital/extramarital partners who is the victim is a very complex problem that requires a thorough analysis and discussion. Since the marital/extramarital union represents an intimate relationship between partners, the occurrence of violent behavior leaves the victim unprotected and the problem remains within the union itself, which represents an essential problem from a legal point of view.One of the basic problems in protecting the victim of domestic violence is how to prevent the abuser from committing violence, which measure or sanction will result in him not committing or repeating the acts of violence. The analysis of this subject matter would lead to insights and potential solutions aimed at more adequate protection, education, and care for the victims of domestic violence in martial/extramarital union.
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The aim of the research is to find out how crime is perceived, how its state is assessed, what are people's expectations of the state to guarantee their own safety and that of their property, how they evaluate what the state is doing in this regard and what measures they themselves take. The methods used are the analysis of statistical information and empirical information from sociological research. It was conducted in December 2022 with a nationally representative sample of the population over 18 years of age. A significant degree of victimization of the population is established, which is reflected in the estimates of the state of crime. With good reason, it is often defined as a serious problem in today's Bulgarian society. Significant groups of the population declare concern about their personal security, which obviously does not contribute to a high quality of life. People's expectations and demands for guaranteeing their inviolability are primarily addressed to the state, but according to dominant assessments, it is far from meeting their expectations and demands - a fact that also affects people's attitude towards the state - it alienates and affects readiness to fulfill civil obligations.
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Considering the importance of the extraordinary legal remedy-the request for the protection of legality-we conclude that it is important to have it in the area of criminal procedural legislation. It appears necessary to incorporate the request for legality protection into the criminal procedural legislation of the Federation of Bosnia and Herzegovina, the Brčko District of Bosnia and Herzegovina, and at the state level. The way criminal cases are handled in the courts of Bosnia and Herzegovina, the courts in the Federation of Bosnia and Herzegovina, and the courts in the Brčko District of Bosnia and Herzegovina directly and obviously violate the basic human rights and freedoms of people who have been convicted. These include equal treatment before the law, equal access to the courts, and the right not to be discriminated against in any way when exercising and protecting those rights, as protected by the Constitution of Bosnia and Herzegovina and the European Convention on Human Rights and Fundamental Freedoms. Fundamental legal issues that used to be solved by asking for the protection of legality are now focused on the work of the Constitutional Court of Bosnia and Herzegovina. A person who has been convicted can appeal to this court because they believe they have been violated of certain human rights and freedoms protected by the Constitution of Bosnia and Herzegovina and the European Convention of Human Rights. As a result, it follows that this court does not have the jurisdiction to consider significant violations of the criminal law's provisions that are critical to the convicted person.
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Corruption is a negative phenomenon present in several spheres of social life of the Republic of Moldova. According to the statistical data presented by the National Anticorruption Center, the most affected areas include the activity of law enforcement bodies, central and local public bodies, as well as the spheres of education and public health. The systematic presence of acts of corruption directly affects respect for fundamental human rights, such as free access to justice, the right to health protection and the right to education. In this study, we analyze the status of the subjects who commit acts of corruption, the institution in which this phenomenon is present, and the citizens' perception of the impact of acts of corruption on respect for human rights. The purpose of the research is to determin the impact of the corruption on respect for human rights in the Republic of Moldova by analyzing the statistical data presented by the National Anticorruption Center, the Ombudsman Office, and the NGO.
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Criminal substantive law, based on the principle of legality, does not allow the filling of legal gaps. A distinction is made between analogy as a method of interpretation (from similar to similar) where there is no legal gap and analogy as an illegal way of filling legal gaps. Recent years have witnessed an intriguing trend in domestic court decision-making, where reference to court decisions serves as a foundation for explaining the decision rendered. This in itself does not have to be negatively evaluated. However, it is necessary to repeat that case law is not the source of criminal law in Bosnia and Herzegovina.
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Identity theft is an evolving criminal phenomenon that can affect individuals, societies, and economies. This comparative law article analyzes the regulatory frameworks related to identity theft in Hungary and France. The article discusses how each country criminalizes identity theft, reviewing the penalties for offenders, perpetration conducts, and the subjective side of the crime. The goal is to identify the advantages and drawbacks of the legislation in these two systems and give recommendations for lawmakers on how to improve them in the future. The research methodology consists of a comprehensive literature review, critical legislation, and legal practice evaluation. Legal practitioners, policymakers, law enforcement agencies, the academic community, government agencies, international organizations, and the general public can benefit from the insights and recommendations offered by this research.
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The determination of a special legal position for minor perpetrators of criminal acts in relation to adult perpetrators in criminal legislation is the result of many years of experience and scientific knowledge that the personality of minors is formed gradually from a biopsychological and social point of view, that minors are not always able to understand the significance of their actions and consequences which result from such procedures and that they are not always able to resist the negative influences to which they are exposed. For this reason, the question of criminal responsibility of minors is raised differently than in the case of adult offenders. In this paper, we will point out the legal framework for dealing with juvenile offenders in FBiH.
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All European prison administrations recognize the importance of the European Prison Rules both in terms of setting standards and from a practical point of view. However, the complex and sensitive topic of the protection of persons deprived of their liberty deserves full attention, since despite the existence of a large number of international documents in the segment of the prohibition of torture and inhuman and degrading treatment, these phenomena do not belong to the past, but are still widespread. Although great progress has been made in the normative field in the field of the prohibition of ill-treatment, which is now the subject of more detailed and effective prohibitions than ever before, torture and other forms of ill-treatment still represent a problem throughout the world. Therefore, the purpose of this paper is to analyze the content of the most important international documents on the protection of human rights and to point out international documents and European Prison Rules that also relate to the rights of prisoners.
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