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The artide sums up practical experiences from present activity of probation workers at District and Regional Court. The author deals with the problem of definition authority of probation workers and the question of Probation service in the Czech Republic. First the author analyses the beginnings of social work within the framework of criminal justice. There are 3 projects described. Then she explains the term of probation worker and she describes of the present activity of probation workers during the criminal proceeding. The most important activities of them consist in mediation of agreement between victim and offender, administration of community service and probation. Last the author points out problems caused by the lack of legislation as regards activity of probation workers. The article tries to formulate in conclusion the reasons, why the probation workers create new category of social workers, who specialize in performance of individual social work with offender and tries to formulate the conception of Probation service in the Czech Republic.
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In this article, we aim to explore the issue of the security measure of special confiscation of goods that facilitated the criminal's commission of the act provided for by the criminal law, more precisely the means of transport. Our goal is, in the first stage, to identify these things from a conceptual point of view, through the lens of their character as instruments of crime and to delimit them, briefly, from other goods subject to the security measure, such as the proceeds of the crime or the goods whose possession is prohibited.Forward, in an applied approach, we will focus on some recent solutions of judicial practice that have caused the analysis of the relationship between the means of transport and the illegal act through the prism of the possibility of their confiscation, in the context in which, in jurisprudence, they can be identified from what in more and more solutions regarding migration regime crimes in which vehicles are used.
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The possibility of public private cooperation has long been raised in the fight against money laundering and terrorist financing. It is a commonly used structure in many sectors around the world, so it was only a matter of time before this cost effective and innovative solution, would be introduced in the fight against money laundering and terrorist financing. Several experts have already addressed this possibility, but no study has yet been carried out in Hungary. The aim of my research is twofold. One is to pioneer the linking of these two professional sectors, and the other is to present the European Union's efforts in this direction. I will briefly present the alternative of public private cooperation in the fight against money laundering and terrorist financing, then I will explore the scientific positions with an international perspective, summarize the benefits and challenges, and finally I will give a professional opinion on the expected implementation.
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This paper delves into the standards of law-making in criminal law, emphasizing the significance of these standards within the legal system. The text explores the importance of maintaining constitutional and non-constitutional standards in criminal law and investigates the complexity of defining clear and unambiguous principles for lawmakers. It discusses the dual meaning of the standard of law-making, encompassing both substantive and formal aspects, and how these standards play a crucial role in shaping legal norms. The paper also highlights four key law-making standards in criminal law: legal certainty, adherence to proper legislative procedure, the effectiveness of the law and the adequacy of the language of the law. It raises essential issues regarding the impact of these standards on the quality and trustworthiness of criminal laws.
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The authors analyze the concept of the criminal offense of rape in Serbian criminal legislation. The focus is put on the objective elements of the crime, especially the actus reus. Authors seek to examine the compliance of our legislation with the Istanbul Convention, but also to consider the standings and interpretations of domestic court practice. The legal description of this crime has changed significantly, starting with the amendments from 2002. Legislative changes reflected contemporary criminal law trends and are positively evaluated by domestic jurisprudence. Nevertheless, the interpretation of certain elements of the legal description of the criminal offense from Art. 178 of Criminal Code (CC) causes practical problems and misunderstanding. Theoretical analysis is of great importance for solving these dilemmas, especially considering their practical importance. The authors aim to provide a contribution by pointing out to the real meaning of the respective provisions of the Istanbul Convention. The authors argue that the current understanding of the scope of this legislative concept (the concept of the actus reus of the crime of rape) is not fully in accordance with the text and meaning of this important act of international law. Compliance with the Convention, however, does not require legislative changes, but an adapted interpretation of actus reus as an objective element of the legal description of this incrimination. The authors analyze court practice, and in particular one judgment of the Supreme Court from 2019, which, in their opinion, could represent an exemplary model for future court practice.
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The article presents how, over the years (both in separate penal-military codes as well as in the military section of the General Penal Code of 1969), legislators decreed the concept of a military offence. These considerations can be viewed as a kind of historical-legal justification for the necessity of introducing a normative definition of a military offence into the criminal law system in a broad sense (e.g., by amending the provisions of the Penal Code of 1997 which is in force). Although the institution of a military offence is not synonymous with the institution of a criminal offence (contemporarily also referred to as a general offence), it does not stem directly from the provisions of the Code, but only from the interpretation made on this level, which was subjected to criticism.
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This article is developed in the field of the science of criminal law, being dedicated to addressing the qualified subject of the crime, the finding of which conditions the application of the criminal law in strict accordance with the principle of criminal legality. The author puts at the reader’s disposal a set of criteria that allow deciphering the signs related to the special subject in the process of legal framing, a process that underpins the translation into life of the criminal law regarding people who have criminal conduct. The direct objective pursued by the author is the progressive development of the investigation of the content of the crime in criminal law, on the dimension of knowledge and interpretation of the legal signs that make it up as an abstract legal entity, created by the legislator for the characterization of crimes. The indirect, more distant objective is the improvement of the positive criminal law in congruence with the legality of the crime and the quality standards that derive from this fundamental principle of the criminal law. Two legislative procedures, described in the criminal law, of the signs of the qualified subject were revealed: “express provision” and “implicit provision”. Finally, the author substantiated the importance of the express provision, recommending it as an exclusive criterion for legislative consecration, to the detriment of the implicit provision, the latter being susceptible to creating confusion when interpreting the criminal law.
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The problem of terrorism has now evolved into one of the most pressing challenge in the development of modern civilization. Although the roots of terrorism have a long history, the problem is extremely relevant today, due to the exacerbation of social, economic and political contradictions and the escalation of violent conflicts globally. Political disagreements and violent confrontations in worldwide community contribute to an increase in terrorist activities, expressed by the actions of individual, extremist groups and organizations. The increasing complexities of these terrorist activities are becoming more and more intricate, and the rising level of sophistry and the anti-human nature of these acts is becoming more and more evident. Terrorism is no longer just a threat, but has become a truly catastrophic factor in our society, turning into a financially lucrative business for those who organize it.It is crucial to realize that the current legislative framework and the practical system of counter-terrorism require continuous improvement. In this light, it is essential to develop practical suggestions and recommendations aimed to contribute towards this improvement. This requires dealing with a wide range of issues related to strengthening the legal basis to fight terrorism and optimizing the organizational system dedicated to counter-terrorism activities. It is also important to analyze the specifics of human actions in extreme situations generated by terrorist acts, to develop rules of conduct in such situations, to manage threats of terrorist attacks and to implement effective protection measures.
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In the present article was carried out a research of judicial practice and the procedural-criminal norms regarding the deadline for decalraing the appeal against the decisions of the appeal courts. The presented problem consists in the scientific substantiation and practical regarding of the way of applying in the legal provisions, the need tu meet the requirements of clarity and predictability of the rules regarding the term of appeal, through the lens of ECHR jurisprudence, national practice, including in relation to the amendments to the law from, as well as the analysis of the legislation, resulting in the substantiation of the respective conclusions. Through this study, we want to provoke further analysis and discussion on this topic.
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