Crimen Beograd最新文献

{"title":"Criminalisation of \"street harassment\" in Belgium and France: Two different legislative approaches to \"sexist\" acts","authors":"Jean-Marc Hausman","doi":"10.5937/crimen2302125h","DOIUrl":"https://doi.org/10.5937/crimen2302125h","url":null,"abstract":"In the fight against \"street harassment\", both France et Belgium adopt laws which make sexism an offence. However, the legislators follow different approaches. This article compares the rationale behind these laws, the way in which the notion of \"sexism\" is understood in these two legal systems and the forms of effectiveness that French and Belgian legislators intend to give to the legal measures put in place.","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135101796","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Balancing opportunity: Between the presumption of innocence and res judicata","authors":"Svetlana Nenadić, Ivana Miljuš","doi":"10.5937/crimen2302153n","DOIUrl":"https://doi.org/10.5937/crimen2302153n","url":null,"abstract":"The criminal-political justification of the principle of opportunity is undoubtedly of significant importance for criminal justice, with multiple and diverse objectives and functions. Despite the fact that the application of this criminal procedural mechanism in public prosecution practice has been ongoing for over two decades, research results indicate that essential questions regarding its legal and procedural nature remain veiled in dilemmas even today - whether the suspect subject to its application should be considered innocent, and whether the decision to dismiss a criminal complaint based on the principle of opportunity can be equated with the res judicata. The paper presents specific research results regarding the interpretation of the effects of applying the principle of opportunity in criminal proceedings and the legal effects of decisions to dismiss criminal complaints based on the principle of opportunity in civil proceedings for compensation of damages arising from a \"criminal act.\" By analyzing the concepts expressed in criminal legal science and utilizing the comparative legal method to a certain relevant extent, the authors aim to, starting from the procedural guarantee of the presumption of innocence, highlight the risks of equating the decision to dismiss a criminal complaint based on the application of the principle of opportunity with a final judgment. The primary de lege ferenda proposal is to establish a prohibition on criminal prosecution for the same criminal offense in cases of applying the principle of opportunity.","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135101800","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Green criminology and crime control","authors":"Đorđe Ignjatović","doi":"10.5937/crimen2301024i","DOIUrl":"https://doi.org/10.5937/crimen2301024i","url":null,"abstract":"The paper dealt with only some of the key issues related to a new approach to criminal sciences - green criminology, which, after a little more than three decades since its first mention, is still in the search phase. Many things related to it are under question or the result of numerous controversies: from the very name, its philosophical theoretical framework, the subject of study and its systematics, the methodological apparatus, all the way to what human behaviors are studied, who are the perpetrators and victims, finally: how to control such acts. The article started from the fact that green criminology is an orientation in modern criminology that studies how people interact with the environment and what changes they cause in it. In other words, it deals with forms of endangerment and damage caused to the environment, behaviors that do not include only criminal acts, or even just illegal actions. Their perpetrators are primarily economic entities (companies), but also authorities i.e. their representatives and citizens who also contribute to the devastation of nature. Although we are all victims of such acts, members of minority communities, indigenous peoples and people who occupy lower positions on the social ladder feel the most of their consequences. The number of factors that cause 'green crime' is huge (as well as the type of acts that comprise it), but the most common are the race for profit, efforts to achieve economic development at any cost, corruption, but also insufficiently developed environmental awareness of citizens and personal traits and the status of the perpetrator. What causes particular concern is the ineffectiveness of control mechanisms for this form of crime, which is evident in all parts of the world. The operation of formal social control mechanisms cannot reduce such acts to levels that could be tolerated. The key reason for this is that the main actors who endanger the environment are precisely the allpowerful companies that often act together with the state authorities from which the judicial ones should sanction them. As with other issues in criminology, it has been shown that we are moving into an area dominated by issues of power, wealth and poverty. In other words - here is perhaps the most important question: who makes the laws and determines the boundaries of the criminal zone? It has been shown (especially on the example of the USA and the EU, which have the most developed environmental legislation) that it is not enough just to pass regulations - their content is more important. Environmental movements and their activism make a special contribution to opposing 'green crime' from subjects of informal control, while the influence of the public is much smaller because it reflects the image of environmental crime created by the media, which is often influenced by those who most seriously threaten the environment. After this not very optimistic picture, the question arises: what to do in a situation where a l","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71209435","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Financial investigations in Bosnia and Herzegovina","authors":"Milijana Buha","doi":"10.5937/crimen2301081b","DOIUrl":"https://doi.org/10.5937/crimen2301081b","url":null,"abstract":"The financial investigation is conducted according to an urgent procedure and can be ended by submitting a request for the permanent confiscation of property. The paper discusses about the issue of ending the financial investigation and submitting a request to initiate the special procedure for confiscation of property. The importance of the financial investigation is reflected in the possibility of confiscation of property resulting from the commission of a criminal offense even if the criminal proceedings have not been completed. The court, ex officio, confiscates property acquired through criminal activity. For the successful completion of the financial investigation, it is necessary to prescribe a penalty for the responsible persons who refuse to provide information about income and property which is suspected to have been obtained through criminal act. The decision to suspend the financial investigation is not subject to judicial control. Interested parties, such as the injured party and the attorney's office in the procedure of confiscation of property have not the right to appeal on the decisions take in the property confiscation procedure and the right to object to a negative decision on the financial investigation.","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71209483","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Violence against men in a partner relationship: A pilot study","authors":"M. Ljubičić","doi":"10.5937/crimen2301064l","DOIUrl":"https://doi.org/10.5937/crimen2301064l","url":null,"abstract":"Violence in the family has been a frequently discussed topic in the scientific discourse in the last two decades. Thanks to this, today, we have at our disposal a significant body of scientific knowledge, legislative solutions, and practical policies that focus on preventing and protecting victims of violence. However, we do not notice some among the victims of domestic violence. Hereof, our knowledge about the etiology and phenomenology of violence against men is insufficient. Our study represents a small step forward in researching the phenomenology of this phenomenon. We aimed to describe characteristics of violence against men through personal stories and from the perspective of both partners. We used documentary material in the analysis - official records of centers for social work in the territory of the city of Belgrade. Analysis showed that violence against men in a partner relationship is most often recognized by the center's professional workers as mutual. The prosecution of the abuser, except in the case of her partner's life being threatened, is rarely the outcome of the assessment process. The impression is that partner violence against men is seen as an exception rather than the rule. However, the victimization of men in a partner relationship is not such a rare phenomenon, so it is necessary to undertake a research effort to shed light on this dark field and to design prevention strategies and practices aimed at protecting men - victims and helping women - bullies.","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71209444","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal-historical overview of the introduction of suspended sentence in Serbian law","authors":"Biljana Gavrilović-Grbović","doi":"10.5937/crimen2302140g","DOIUrl":"https://doi.org/10.5937/crimen2302140g","url":null,"abstract":"The paper analyzes the issue of introducing a suspended sentence into Serbian law. Suspended sentencing, as a modern institution of the sociological school and the embodiment of a changed penal philosophy, experienced its expansion in European legislation at the end of the 19th century. However, suspended sentences were applied in Serbia only on the basis of the Yugoslav Criminal Code from 1929. But, this did not mean that the idea of legal regulation of suspended sentence, on the territory of Serbia, only appeared in the Kingdom of Yugoslavia. Moreover, the idea of legal regulation of suspended sentence was put forward in other, developed European countries at the end of the 19th century, but it did not attract the attention of lawyers in the Kingdom of Serbia at that time. The first attempts to prescribe a suspended sentence in the Kingdom of Serbia occurred at the beginning of the 20th century, but due to the outbreak of the Wars, all of this remained a dead letter, never having been enacted into law. Therefore, the paper presents the reasons that motivated lawyers in the Kingdom of Serbia and the Kingdom of Yugoslavia to raise the issue of the introduction of suspended sentences, as well as the difficulties they encountered both during its introduction and during its practical application.","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135101810","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Combating trafficking of cultural heritage","authors":"G. Krstić","doi":"10.5937/crimen2301097k","DOIUrl":"https://doi.org/10.5937/crimen2301097k","url":null,"abstract":"The criminal offences regarding cultural property include qualified forms of criminal offences and hard and rigorous sanctions. The public prosecutor, who manages preinvestigation proceedings and conducts investigations, and police should work urgent, so it is necessary to finish the forensic examination of the criminal place, to find all marks and objects, which may serve as evidences, post a wanted circular for a person and objects being searched for, in order to identify the perpetrators. In case when these types of crimes are committed by the organized criminal groups, public prosecutor in coordination with the police makes actions and special evidenciary actions, such as covert interception of communications, covert surveillance and audio and video recording, controlled delivery, undercover investigator and simulated deals. Bearing in mind that in practice there isn't significant number of criminal complaints submitted to the competent public prosecutor for crimes which objects are criminal goods, this situation can be consequence of several reasons, for example: some of these crimes are not recognized and perpetrators are not identified, some of these crimes are not reported to the competent authority, digitalization and modernization of the museums and libraries insure better protection of cultural property, small number of tax administration officers and police officers, who deal with this crimes, lack of technical capacities, lack of seminars and projects which have the aim to prevent these crimes and to improve the significance of cultural heritage for civilization. No matter of all these difficultes, public interest for cultural heritage exists because of the fact that cultural heritage makes the base of identification of one population who lived in certain local place. Insuring care of cultural heritage is primary interest of every state. In case that someone steals cultural property, or it becomes the object of illicit traffic, forging the documents of origin or undertaking actions of vandalism against cultural goods it is important to exist guarantees of efficient fulfilling actions and measures of competent authorities, urgent taking actions and to insure that qualified professionals work in this field. Adequate mechanisms for good and reliable cooperation and connection of competent authorities for identifying cultural goods, revealing the crimes and locating the cultural properties are conditions for success of criminal proceedings.","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71209489","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Proposal of a national strategy for combating corruption by forming an anti-corruption team","authors":"Nataša Ilić","doi":"10.5937/crimen2302170i","DOIUrl":"https://doi.org/10.5937/crimen2302170i","url":null,"abstract":"The security crisis, in a broader sense, which is noticeable on a national, regional and planetary level, is an incentive for science to highlight problems and generate proposals for establishing balance in society. The challenges facing the Republic of Serbia will not be eliminated by the passive attitude of the state in the face of the ramifications of socially dangerous phenomena. In this direction, one of the most destructive destructive phenomena is corruption. Qualified as a serious crime, corruption causes the breakdown of society, intolerance towards eradication, creating resistance to defining action plans for its neutralization. The strategic plan at the national level requires the formation of a steel working group in a silk suit, conspiratorial action in its detection, prevention and elimination as a phenomenon.","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135101430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Muerte en la frontera: seis formas de violencia entre Aragón, Castilla y Granada, 1450-1490","authors":"Miguel Angel González Hernández","doi":"10.1387/clio-crimen.24042","DOIUrl":"https://doi.org/10.1387/clio-crimen.24042","url":null,"abstract":"En la segunda mitad del siglo XV mientras el norte de la península Ibérica tenía una problemática de violencia urbana y territorial entre cristianos, las tierras del sur de la Corona de Aragón, estaban en un contexto de diversos tipos de odios, violencias y muertes entre cristianos y musulmanes por su situación de frontera con Castilla y la parte oriental del reino musulmán de Granada. Estos tipos de violencias han sido clasificadas en base a la documentación de Orihuela, Murcia y Valencia.","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75064326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Crimen y odio en la vida cotidiana de la Transición española: los ejemplos de Interviú","authors":"Víctor José Ortega Muñoz, Carmen Serrano Sánchez","doi":"10.1387/clio-crimen.24053","DOIUrl":"https://doi.org/10.1387/clio-crimen.24053","url":null,"abstract":"El odio es un sentimiento primario e inevitable, que en su máximo apogeo y sin frenos sociales o culturales genera conflictos e infortunios. A través de las páginas de Interviú durante el periodo conocido como Transición, nos aproximamos a las noticias de sucesos con el fin de analizar aquellos actos que tienen el odio como protagonista, los discursos que se elaboran en torno a dichas acciones y la sociedad en la que se producen, desde el punto de vista de la Historia social y la Historia de las mujeres.","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83632825","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}