The Journal of criminal law, criminology, and police science最新文献

{"title":"POLICIJSKE NAUKE U REPUBLICI SRBIJI – STANJE I CILJEVI","authors":"Božidar Banović, Đurica Amanović","doi":"10.47152/rkkp.60.2.10","DOIUrl":"https://doi.org/10.47152/rkkp.60.2.10","url":null,"abstract":"The main goal of this paper is to analyze the basic determinants of police sciences and explore the possibility of their equal treatment with other sciences, based on the analysis of previous research and results in terms of establishing and developing police sciences as well as research and educational police practices. In addition, this paper should contribute to the integration of the knowledge developed so far in our country into the corpus of police sciences and their more efficient application in police education and everyday police work. The establishment of police sciences is imposed as a necessary precondition, as a special scientific field in the existing classification of scientific fields.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"50 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73540743","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":"LAJPCIŠKI PROCESI – PRILOG PROUČAVANJU ISTORIJE MEĐUNARODNOG KRIVIČNOG PRAVA","authors":"Marko Romić","doi":"10.47152/rkkp.60.2.9","DOIUrl":"https://doi.org/10.47152/rkkp.60.2.9","url":null,"abstract":"The historical development of International Criminal Law in the period leading up to the First World War was of negliable value, especially when compared to the post-war period from 1918 to 1939. In Versailles Europe matured an idea, whose roots stemmed from much earlier, an idea of establishing an International Criminal Court which would protect basic human values, shared by all states no matter the form of government or political affiliations. Having noticed the link between world conflict and the development of International Criminal Law comes the conclusion that this idea first came to life after the Great War in 1918. This is how for the first time in history an institute of responsibility was formed for the rulers and military commanders concerning the war crimes committed by the state - these first examples being the trial of German Kaiser Vilhelm II and the individual Leipzig trials involving officers of the German army. Although the Kaisers trial was a failed attempt, and the Leipzig trials are considered failures due to material and formal deficiencies, especially concerning their outcomes, these parts represented an experimental phase of a historical process crucial to the forming of the international criminal justice system. Europe was aware that the modus operandi taken in this direction didn’t pass the test, and that the state and economy matters would always come first in the Versailles world. However, the repetition of this scenario wasn’t allowed during the Second World War and we can confidently say that the Nuremberg trials found their foundations stemming from Leipzig’s lessons. In the European law legacy Leipzig created the first written documents which would serve as waypoints in the further codification of International Criminal Law. Lastly, it can be said that in the period from 1918 to 1939 the European policy was introduced to the problem of realising that all further processes leading to the constitution of a uniform and legitimate international criminal justice system would undeniably lead to the redefining of two fundamental dogmas of international order: the principle of (absolute) state sovereignty and the (non)existence of international law subjectivity (and therefore the responsibility) of an individual.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"41 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80956271","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":"UPOTREBA AUDIO VIZUELNE VEZE U ISPITIVANJU DECE U KRIVIČNOM POSTUPKU – IZ UGLA SUDIJE","authors":"Dragana Obradović","doi":"10.47152/rkkp.60.2.2","DOIUrl":"https://doi.org/10.47152/rkkp.60.2.2","url":null,"abstract":"In numerous criminal proceedings, there is an increasing need in Serbia to examine children and juveniles as victims or as witnesses. Having in mind their age, their maturity, the examination of these categories of participants in criminal proceedings requires specially trained people - officials who will contact them from their first appearance either in the police, in the public prosecutor’s office or in court. And for their additional protection in criminal proceedings, the legislator recognized the need to examine these vulnerable categories of participants in criminal proceedings can be done with the use of technical means - through audio-visual communication, which provides additional security for children and juveniles, so it is most important by legal regulations on criminal matters, he officially prescribed this possibility. During the 21st century, the state of Serbia has technically equipped all higher courts with special rooms and audio-visual communication systems. In this paper, we pointed out the most important international and domestic regulations related to the protection of victims and are especially important for the protection of children in criminal proceedings, the way in which the use of audio-visual communication is regulated in the most important domestic criminal regulations. We also pointed out some cases from practice in which the examination of the injured – children and minors through audio-visual connection was applied.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"76 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85373789","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":"AUDIO – VIDEO LINK KAO SREDSTVO ZAŠTITE POSEBNO OSETLJIVOG SVEDOKA I FAKTOR URAVNOTEŽENJA POLOŽAJA OKRIVLJENOG","authors":"Ivana Miljuš","doi":"10.47152/rkkp.60.2.3","DOIUrl":"https://doi.org/10.47152/rkkp.60.2.3","url":null,"abstract":"The subject of this paper is the dual function of audio - video link in criminal proceedings in which vulnerable witnesses are examined - protection of witnesses and victims and ensuring the exercise of the defendant ‘s right to examine witnesses. In the first part of the paper, the author analyzes the concept of “audio - video link”, its legal nature, characteristics, roles and basic risks. The second part of the paper explores the normative and practical foundations of the protection of minors in criminal proceedings. The third part of the paper deals with the requirement to establish and maintain a balance of legitimate interests of enabling testimony and effective punishment, protection of the physical and mental integrity of witnesses and the right to defense. “In the balance test” of the European Court of Human Rights, the audio-video link is a “positive measure” of the state and a “counterbalancing factor”. The subject of the paper is also the normative regulation of an especially vulnerable witness. The aim of this paper is to point out the importance of proper use of technical devices for transmitting images and sound during the examination of especially vulnerable witness, but also its potential risks, possible proposals to improve the normative basis for their application and basic principles of audio - video link in criminal procedure.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"54 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84738823","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":"ILLEGAL ENTRY OF FOREIGN NATIONALS AS CRIMINAL OFFENCE","authors":"Hrvoje Filipović, Dragana Čvorović","doi":"10.47152/rkkp.60.1.6","DOIUrl":"https://doi.org/10.47152/rkkp.60.1.6","url":null,"abstract":"The paper analyzes the criminal offense of illegal entry, movement and stay in the Republic of Croatia, another Member State of the European Union or a signatory state to the Schengen Agreement under Article 326 of the Criminal Code and its connection with the misdemeanor of the prohibition of assisting a third­country national from Article 43 of the Law on Foreigners with regard to the difficulties and implications that may arise during their delimitation. In particular, the implementation of Council Directive 2002/90/EC on the definition of facilitation of unauthorized entry, transit and residence as well as its harmonization is analyzed. The differentiation between the misdemeanor in question and the criminal offense is not simple and includes a number of factors that in fact depend on each individual case, but when it comes to the classification of criminal offences, the decisive factor is greed, whereas recent case law shows that when it comes to criminal offenses under Article 326 of the Criminal Code, these are well­organized groups that, upon detection, do not shy away from attacking police officers in pursuit of their goals.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82768932","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":"CONDITIONAL RELEASE: POSSIBILITIES AND OBSTACLES IN SERBIA AND THE NETHERLANDS","authors":"Jan J Hoekman, G. Krstić","doi":"10.47152/rkkp.60.1.3","DOIUrl":"https://doi.org/10.47152/rkkp.60.1.3","url":null,"abstract":"This paper analyses the concept of conditional release in the Netherlands and Serbia, to provide a comparative overview of the two legal systems, and to suggest how legal solutions could be improved. Conditional release is functionally correlated with imprisonment as the main criminal sanction, entailing the deprivation of liberty, whilest, it is also an alternative to imprisonment. It creates the possibility for the convicted person to be released from prison before they have fully served their sentence, provided that certain conditions are met. While serving the sentence, the convicted person is obliged to act upon the individual plan to rehabilitate, focus on work, and minimize the risk of re­offending. Since there are different categories of convicted persons in the penal environment, this paper will also examine whether all these categories of convicted persons deserve to be released on parole or whether perhaps conditional release is reserved only for privileged ones.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"69 3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88484410","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":"ONLINE SEXUAL EXPLOITATION OF CHILDREN, IN PARTICULAR THE CRIME OF CHILD PORNOGRAPHY","authors":"Katalin Csepregi, I. Kovács","doi":"10.47152/rkkp.60.1.1","DOIUrl":"https://doi.org/10.47152/rkkp.60.1.1","url":null,"abstract":"The real challenge is to keep pace with today’s rapidly changing world. However, the development of infocommunication tools and technologies not only brings benefits, it also offers plenty of opportunities for offenders. It is inevitable to use the internet these days, so it is extremely important to lay down the right rules and conditions for children. The most important step we can take against it is prevention and awareness raising. In the study, the authors sought to clarify basic concepts, describe the international environment, and analyze data from Hungary, which manifests itself in the analysis and evaluation of BSR and anonymous judgments.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"104 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83427733","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":"THE LEGAL NATURE OF EXTRADITION AND EXPULSION, CONSTITUTIONAL AND CRIMINAL JUSTICE REGULATION","authors":"V. Ursu","doi":"10.47152/rkkp.60.1.8","DOIUrl":"https://doi.org/10.47152/rkkp.60.1.8","url":null,"abstract":"The study examines the extradition and expulsion, analyses the constitutional and criminal justice regulations of the legal institutions under consideration, identifies their particularities and the reveals their legal nature. Based on the identified features, the author tried to highlight the essential similarities and differences of the institutions concerned, in order to finally discover and describe the legal nature of expulsion and extradition.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87383771","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":"COMMUNICATIONS ENCRYPTION AS AN INVESTIGATIVE OBSTACLE","authors":"M. Pisarić","doi":"10.47152/rkkp.60.1.4","DOIUrl":"https://doi.org/10.47152/rkkp.60.1.4","url":null,"abstract":"Due to novel technology solutions, primarily peer­to­peer, encryption and service providers located abroad, the ability of the law enforcement agencies to execute legally authorized traditional (even special) investigatory means is becoming increasingly problematic. Communication encryption, particularly end­to­end encryption in smartphone applications hinders law enforcement authorities’ practical ability to wiretap communications, although in a legal position. This phenomenon is globally recognized as “Going Dark” problem. All these challenges have necessitated legislative action. So far two different approaches have been recognized in addressing this problem: mandatory exceptional access and legalized hacking of target. In this paper we explore the viability and implications of both of them, in order to identity the most viable solution for overcoming investigative barrier, i.e. enabling the authorities to conduct surveillance of electronic communications.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81471651","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":"THE ALTERNATIVE SANCTIONS SYSTEMS IN SERBIA AND THE NETHERLANDS: COMPARATIVE ANALYSIS WITH EXAMPLES FROM CASE LAW","authors":"Olga Tešović, Lieneke de Klerk","doi":"10.47152/rkkp.59.3.4","DOIUrl":"https://doi.org/10.47152/rkkp.59.3.4","url":null,"abstract":"Alternative sanctions are a deviation from the traditional system of imprisonment and their advantage certainly lies in a more humane and less repressive treatment of convicted persons. Alternative sanctions need to be present in the criminal sanctions system of every country in order to make this system more effective, primarily having in mind the goals of special prevention. This paper aims to present the alternative sanctions systems in Serbia and the Netherlands, respectively, with reference to case law examples, as well as to perform a comparative analysis of the two systems and indicate their advantages and disadvantages, as well as methods of their improvement.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"67 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84408550","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}