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Infracţiunea de separatism în legislaţia penală a Republicii Moldova – premisele incriminării şi caracterizarea elementelor constitutive

Author(s): Radion Cojocaru / Language(s): Romanian Publication Year: 0

Separatism represents one of the most complex problems faced by the young countries that appeared on the world map after the collapse of the USSR, creating serious impediments to their development as independent and sovereign states. The establishment of criminal liability for the crime of separatism in the criminal legislation of the Republic of Moldova has generated multiple discussions and contradictory reactions on a national and international level. In this work, the author approaches separatism from the perspective of the science of criminal law by highlighting the socio-political premises that substantiated the necessity of the legislator’s intervention in the sense of criminalizing the phenomenon in the criminal law. At the same time, the constitutive elements of the crime of separatism are characterized through the interpretation of the incriminating headquarters located in art. 3401 of the Criminal Code of the Republic of Moldova, indispensable condition for a good understanding and application of the rule in strict accordance with the legality of the crime.

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Tradicionalna i kulturna tolerancija na nasilje nad ženama: primjer Crne Gore

Author(s): Milena Aćimić Remiković / Language(s): Montenegrine Publication Year: 0

Nasilje nad ženama kao društveni problem, star koliko i samo društvo, proizašao je iz osnova socijalne strukture utemeljene na polugama patrijarhata. Analiza društveno-istorijskih okvira u Crnoj Gori pokazuje da nasilje nad ženama donedavno nije shvaćeno kao problem koji treba rješavati, jer u našoj patrijarhalnoj kulturi vladaju duboko ukorijenjeni stereotipi o rodnim ulogama koji direktno izražavaju autoritet muškaraca nad ženama. Iako prilično zadovoljavajuć pravni okvir, s izvjesnim propustima i prostorima za poboljšanje, problem nasilja nad ženama zadržao se i do danas. Istraživanja govore u prilog rodno zasnovanom nasilju, seksualnom nasilju nad ženama, diskriminaciji žena i nejednakim uslovima u različitim sferama života, brojnim mizoginim i seksističkim komentarima s kojima se svakodnevno susreću žene u crnogorskom društvu, te femicidima kao najdrastičnijim produktima nasilja nad ženama i narušenih odnosa moći između polova. Cilj ovoga rada je da prikaže kako su stereotipi o rodnim ulogama, patrijarhalno nasljeđe i drugi kulturni i društveni postulati, utičući i na pravno uređenje države, kreirali pogodnu klimu za stvaranje i održavanje u životu problema nasilja nad ženama do danas.

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Zaštita studentkinja i studenata od seksualnog uznemiravanja na fakultetima u Srbiji – izazovi u uspostavljanju regulative i poverenja

Author(s): Dijana Malbaša,Tanja Ignjatović,Mirjana Mitić / Language(s): Serbian Publication Year: 0

Poslednjih godina nekoliko visokoobrazovnih ustanova u Republici Srbiji izradilo je i usvojilo pravilnike za zaštitu od seksualnog uznemiravanja i ucenjivanja. Svrha ovog rada je da ukaže na sporna rešenja i predstavi ona koja bi mogla doprineti efikasnijoj zaštiti od ove vrste nasilja. U radu je dat kratak prikaz zakonske i interne regulative i izvršena je uporedna analiza nekih od ključnih odredbi pravilnika sa fakulteta Univerziteta u Beogradu i Univerziteta umetnosti u Beogradu, te analiza tercijernih podataka o njihovoj primeni i efektima. Rezultati ukazuju na izazove poput obaveznog sprovođenja posredovanja, neodgovarajućih rokova za prijavu dela, uslove za izbor lica koja učestvuju u postupcima zaštite, rešavanje pitanja poverljivosti i zaštite ličnih podataka, definicije “lažnog prijavljivanja” te skromnih rešenja za preventivne, informativne i edukativne aktivnosti, što sve potencijalno odvraća od prijavljivanja dela. To je uslovilo rad na revizijama dokumenata i prilagođavanja praktičnim potrebama i okolnostima u kojima deluju fakulteti. Unapređenje mehanizma za prevenciju i zaštitu od seksualnog uznemiravanja na fakultetima podrazumevalo bi jačanje znanja i kapaciteta zaposlenih i studenata/studentkinja za prepoznavanje pojave, jasnije obaveze fakulteta u vezi s edukacijom i prevencijom, veću dostupnost informacija o procedurama konsultativnog i postupka po prijavi dela te bolje garancije za zaštitu privatnosti i ličnih podataka.

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KRATKA HISTORIJA NEGIRANJA GENOCIDA NAD BOŠNJACIMA

Author(s): Muamer Džananović,Hikmet Karčić / Language(s): Bosnian Publication Year: 0

The matter of denial of the genocide committed against Bosniacs, including also a revisionism of history has become in course of last several years a current topic in the Bosnian and Herzegovinian society. With the amendments to the Criminal Code off Bosnia and Herzegovina, which prohibits genocide denial and glorification of the adjudicated war criminals, exercising such practices has not stopped. The focus of recent studies related to the genocide committed against Bosniacs is reduced to the contemporary phenomena. Authors of this paper are trying to offer a historic review of the denial of crimes and genocide committed against Bosniacs, which has been in progress ever since the early days of the aggression against the Republic of Bosnia and Herzegovina. The denial of camps, massacre at the Tuzla square, Sarajevo Markale market place, ample other crimes, including also the denial of genocide in Srebrenica, clearly suggests the form of institutional denial of crimes, which has been in progress, to a lesser or larger intensity, in the last thirty years.

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Lišavanje slobode i prisilni rad u zakonodavstvu Nezavisne Države Hrvatske (1941.-1945.)

Author(s): Mario Kevo / Language(s): Croatian Publication Year: 0

Following the formation of a camp system and the first deportations, the authorities of the Independent State of Croatia decided to create a formal legal basis for it in order to direct “undesirable and dangerous” persons according to the established order to “re-education” in concentration and work camps. Though restrictions to freedom and forced labour had been mentioned in previous legal practice, it was only after the proclamation of legal decrees at the end of 1941 that a formal legal basis for deportation to camps came into existence. In conjunction with the formation of the legal basis, the Ustaša authorities also completed the structuring of a repressive apparatus which in part had to carry out the decrees directed primarily against the followers of the Partisan movement and members of marginal societal groups. Prior to and alongside this, using an extra-institutional path, the Ustaša authorities carried out measures against the majority of Croatian and Bosnian Jews who were sent off to camps without any legal basis in the laws of the Independent State of Croatia. On the basis of sources and literature the author presents the issue of restricting freedoms and the dispatch of persons to forced labour in concentration and work camps in the Independent State of Croatia, as well as the structure of the repressive apparatus responsible for the execution of the formal-legal basis, but the work does not discuss the issue of incarceration.

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Vlado Singer i Stjepan Rubinić – od visokih policijskih dužnosnika Nezavisne Države Hrvatske do zatočenika koncentracijskih logora

Author(s): Davor Kovačić / Language(s): Croatian Publication Year: 0

With the establishment of the Independent State of Croatia, Vlado Singer and Stjepan Rubinić became high ranking officials of the security and police apparatus of the state. Due to their actions both fell afoul of their superiors and were removed from their positions. They served roughly the same amount of time at the concentration camps in Jasenovac and Stara Gradiška. In distincti-on to Singer, who was killed at the Stara Gradiška camp, Rubinić was released after spending a year in the camp. After his release from the camp he did not formally belong to the Ustaša movement, but he was allowed to conduct busi-ness with Jewish mercantile houses. Following the collapse of the Independent State of Croatia, he withdrew toward Austria, where he lived for some years, after which time information about him becomes unreliable. It is assumed that he lives out of the public eye, as a well-situated man, either in South America or Australia.

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Sudski procesi protiv katoličkih svećenika u Osijeku 1945.–1947. godine

Author(s): Slađana Josipović Batorek / Language(s): Croatian Publication Year: 0

This work reviews the judicial process directed against Catholic priests in Osijek in the period immediately following the Second World War. The main characteristics of Church-State relations at the time of these trials is described in the introductory part of this article, and a short review of criminal law in postwar Yugoslavia is provided, which was the legal basis by which the regime carried out its revenge against people who did not share its political views. In the next part of the work the author presents six individual cases substantiated by available archival documents, of which the authentic transcripts of the court are particularly interesting.

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On cutting off noses and pulling out beards: Face as a medium of crime and punishment in medieval Dubrovnik

Author(s): Nella Lonza / Language(s): English Publication Year: 0

In historiography dealing with criminality, much has been written on punishment as a social message communicated in various ways, among other things, by using a convict’s body as a medium (face branding, mutilation, etc.). By analysing the criminal procedures of medieval Dubrovnik and comparative material from Dalmatia and other European communities, the author poses an inverse question and investigates how the offender sometimes used the victim’s body as a medium for conveying his “message”. Hair cropping (and related forced removal of female headgear), pulling out of the beard, and nose amputation may be referred to as “coded crimes” because accent was given to symbolism over the bodily injury and pain. Sharing the same value system, the victim and his social environment could easily “read” the offender’s message from such a crime.

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Rhythm of crime in a medieval city – example of Dubrovnik

Author(s): Gordan Ravančić / Language(s): English Publication Year: 0

If we observe the crime as an integral part of the social reality, then we certainly have to bear in minds its changing phases and its general incorporation into a wider picture of social movements. Therefore, my intent is to demonstrate in which way crimes have (not) followed the rhythms of labor, leisure, and public celebrations of medieval Dubrovnik, especially regarding their typology and frequency. Thus, the analysis includes crime distribution in relation to the location where the wrongdoing has occurred, together with investigation of social provenance of perpetrators and victims within this cheerless statistic of everyday life. Given the fact that the total number of the extant criminal records of the medieval Dubrovnik would be too huge “bite” for a case study of this kind, author analyzes preserved judicial records from only one year (1415).

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Criminal offenses and violence in medieval Kotor (1326 - 1337)

Author(s): Valentina Živković / Language(s): English Publication Year: 0

The topic of the paper is the analysis of the types of criminal offenses mentioned in the earliest preserved judicial notary documents of Kotor (1326 - 1337), and which are defined and sanctioned by the Statute of Kotor. Protection of interests of the community and principles of good administration were the priorities upon which the criminal justice system of Kotor was based. On the other hand, protection of private property was the most common topic because of which civil litigations were initiated.

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Crime Rate/Criminal Acts in the City of Zagreb from 1887 until 1912. Based on the Report of the City Council

Author(s): Zoran Grijak,Milan Vrbanus / Language(s): English Publication Year: 0

The following paper analyzes the structure of crimes committed in the city of Zagreb from 1887 until 1912 based on the annual Reports of the City Council of the Free and Royal City of Zagreb. The abovementioned reports provide a detailed insight into the structure and number of criminal offenses and misdemeanours, as well as the type of these misdemeanours, offenses, and other criminal acts reported to the police authorities according to the Criminal Law of the Kingdoms of Croatia and Slavonia. In the course of the authors’ analysis of the collected data on criminal and minor offenses, quantitative methods were applied which in turn provided valuable insights into the trends pertaining to their number during the observed period. With the use of quantitative methods, it has been established that there were no major effects of the increase in population on the trends of the number of criminal and minor offenses, which means that rapid urbanization of the city did not have a significant impact on the rise of law-breaking. Further analysis of the gender of the perpetrators of criminal offenses and misdemeanours has confirmed existing observations on the inferior position of women in society of that period as a contributing factor to their smaller representation among perpetrators of most felonies. Furthermore, with the use of quantitative methods, a decrease in efficiency of the Police Service in terms of discovering most of the felonies has been determined, even though a high degree of efficiency was still maintained in detecting certain categories of felonies.

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The crimes of minors in the cases of the Royal court table in Osijek

Author(s): Dubravka Božić Bogović / Language(s): English Publication Year: 0

Author analyzes misdemeanors and crimes of younger minors, contained in criminal cases from the archive fund of the Royal court table in Osijek, which were conducted by the District court in Osijek from 1930 to 1945. Moreover, author has attempted to determine the patterns in which the social environment and family, proprietary, and other conditions have affected the offenders, and relate them to specific causes and motives. Similarly, the society’s response to misdemeanors and crimes is investigated through the analysis of sanctions and other measures were taken against underage offenders.

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General criminality in the Independent State of Croatia

Author(s): Davor Kovačić / Language(s): English Publication Year: 0

In paper, based on the archival material and contemporary press, various types of crime are presented and numerical data on the status of general criminality in the Independent State of Croatia (NDH) is provided. According to statistical data published by the police authorities of NDH, the status of criminality in NDH was satisfactory, especially considering the contemporary war circumstances. Difficult economic circumstances were a convenient environment for commission of criminal offenses. Thefts, frauds, robberies, and murder for personal gain were often motivated by fear for one’s own existence.

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“Comrade Tito, help!” Letters of prisoners and in favor of prisoners addressed to authorities of communist Yugoslavia as a historical source

Author(s): Josip Mihaljević / Language(s): English Publication Year: 0

The author analyzes letters written by prisoners, detainees, and their relatives to authorities of the communist Yugoslavia. Today, these letters are being kept as archival material, and the author has analyzed the material of several archives in Belgrade and Zagreb. By using content and discourse analysis, it is revealed who were the authors of these letters, what was being asked for in the letters and in which way, and to which addresses were the authors reaching out to, as well as what was the attitude of authorities towards individuals addressing them in letters. With this paper, the author endeavors to present values of the aforementioned historical sources for researching social history and history of everyday life of the communist Yugoslavia, as well as the functionality of the historical-anthropological approach to research of history of the second half of the 20th century. In the appendix, the author provides several letters, mostly in the form of facsimiles.

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“Watch out, UNPROFOR!” – some observations on criminal and unprofessional conduct of peacekeeping forces of United Nations in Croatia

Author(s): Ivica Miškulin / Language(s): English Publication Year: 0

In the paper, based on the available sources and contemporary periodical publications, the author analyzes different aspects of criminal and unprofessional conduct of members of United Nations (UN) peace troops in Croatia. It is determined how a whole sequence of factors affected such aspects of conduct of blue helmets: total problematic of the peacekeeping operation (with a special emphasis on its execution), particularities of areas of deployment (with a special emphasis on the material situation of occupied territories), level of equipment, training, and self-discipline of certain national contingents of peacekeeping forces, and possibilities of activity of UN and command of peacekeeping forces administrations. Chosen aspects of criminal and unprofessional conduct of members of peacekeeping forces of UN have been analyzed thematically, i.e. separated into separate entities.

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Neki aspekti položaja političkih zatvorenika u KPD-u Stara Gradiška nakon sloma Hrvatskog proljeća 1972.–90.

Author(s): Branimir Šutalo / Language(s): Croatian Publication Year: 0

Based on existing literature and available sources, this article attempts to provide a contribution to research into the dissident movements and opposition in Socialist Yugoslavia. The phenomenon of political offenses is treated only superficially as an unavoidable introduction to the presentation of the main theme. This work seeks to shed light on the darkest corner of the Yugoslav totalitarian system, that is, the gaol, and show the attitude of the authorities toward political prisoners. The Correctional Institute in Stara Gradiška (KPD Stara Gradiška) is chosen as an example because this gaol is a synonym for the suffering and death of those individuals who were opponents of the totalitarian Yugoslav regime. An emphasis is placed on the derogatory attitude of the authorities and the penal system toward political prisoners and their psychological traumatisation in criminal surroundings.

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Poznámky o ušlechtilém muži, „lejstrech“ a trochu také o protistátních trestných činech

Author(s): Ladislav Vojáček / Language(s): Czech Publication Year: 0

The paper deals with the criminal law education at the turn of the 19th and 20th century. It focuses on person of professor František Štorch, teaching criminal law at the Czech Law Faculty of Karl-Ferdinand University in Prague at that time. It pays its attention to the form of the then used learning tools as well as to the integration of crimes against the state into the system of criminal law back then.

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Dr. Korbuly Pál, sudca štátneho súdu v Bratislave

Author(s): František Neupauer / Language(s): Slovak Publication Year: 0

The history of law indeed refers to persons handing down judgments and often offers interesting stories, such as the story of a judge working under various political regimes Dr. Pavel Korbuly (1906–1970). On May 4, 1934, Korbuly was appointed a single judge in criminal matters, after 1948 he became an instrument of justice under the communist regime and was one of the most active judges of the State Court in Bratislava. Prior to the Vienna Arbitration, he was a judge in the Czechoslovak Republic, then in Hungary, and after 1948 he was one of the judges who tried and sentenced victims of the communist regime (more than 500 people) in Slovakia. By the same communist regime, however, Korbuly was later prosecuted due to his active support of the anti-communist uprising in Hungary in 1956. Unlike others, he was one of the judges who had realized their responsibility for convicting the innocent and committed public repentance. From this perspective, his life story is unique in Central Europe as well as worldwide.

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Rekodifikácia trestného zákona v kontexte trestných činov proti republike

Author(s): Eva Balážová,Jaroslav Ivor,Marta Hlaváčová / Language(s): Slovak Publication Year: 0

The issue of the legal regulation of criminal offenses against the republic is interesting and concise, as it points to the importance of protection and security of the societal interests of the Slovak Republic. Defining the individual facts of crimes against the republic ensures protection against crimes that may threaten the very democratic establishment of the republic, its sovereignty, security, defense, as well as its territorial integrity. In the Slovak Republic, the area of crimes against the republic has undergone several changes, in particular the recodification of criminal law. The main crimes related to the ideology and organization of the socialist state were changed after 1989. The basis of the recodification changed the system of the Criminal Code, which expressed a change in the priority of protection of basic human rights and freedoms of individuals over the interests of the state. This change points out the position of the values of the citizens of the Slovak Republic in today’s modern state and at the same time regulates the obligations that the citizen of the whole society has.

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Uloga interpola u međunarodnoj policijskoj saradnji sa Bosnom i Hercegovinom

Author(s): Ognjen Sredojević / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

International police cooperation with Bosnia and Herzegovina plays a key role in the fight against crime, i.e. drug trafficking, terrorism and other forms of transnational threats. Cooperation is achieved through various mechanisms, namely bilateral agreements, Europol, Interpol, and other regional and international organizations. Also, Bosnia and Herzegovina is a signatory to several international agreements on police cooperation, such as agreements with Europol and Interpol. The agreements enable partners from other countries to access information on criminal activities, then exchange intelligence data, as well as mutual support in criminal investigations and arrests. Interpol plays a significant role in maintaining security and international police cooperation in Bosnia and Herzegovina. For the subject of the research, the paper will cover various aspects such as the analysis regarding Interpol, i.e. how it contributes to maintaining the security of states and combating crime in Bosnia and Herzegovina, as well as the research of specific cases of cooperation, as well as the assessment of the effectiveness of their activities in the region, and all in terms of effective international police cooperation and suppression of transnational threats such as terrorism, organized crime and cybercrime.It is necessary to refer to various theoretical and empirical works, as well as relevant information, which contribute to the realization of successful police cooperation, as well as proposing new possible solutions. Also, it is necessary to analyze and cite scientific and professional works, reports of state authorities and agencies, and the media as sources of relevant information regarding this research. Certainly, it is necessary to draw a conclusion based on the content analysis, with the aim of determining the justification of the existing police cooperation between Bosnia and Herzegovina and Interpol, which relate to this topic.

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