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E-EVIDENCE OF CYBERCRIMINAL ACTIVITIES AS A NEW LEGAL PHENOMENON (BASED ON THE CRIMINAL PROCEDURE CODE OF THE SOCIALIST REPUBLIC OF VIETNAM, 2005) 网络犯罪活动的电子证据作为一种新的法律现象(基于2005年越南社会主义共和国刑事诉讼法)
The Journal of criminal law, criminology, and police science Pub Date : 2021-12-29 DOI: 10.47152/rkkp.59.3.7
Nhu Нan Pham, Nikolay Nikolayevich Demidov
{"title":"E-EVIDENCE OF CYBERCRIMINAL ACTIVITIES AS A NEW LEGAL PHENOMENON (BASED ON THE CRIMINAL PROCEDURE CODE OF THE SOCIALIST REPUBLIC OF VIETNAM, 2005)","authors":"Nhu Нan Pham, Nikolay Nikolayevich Demidov","doi":"10.47152/rkkp.59.3.7","DOIUrl":"https://doi.org/10.47152/rkkp.59.3.7","url":null,"abstract":"Today's modern global society is facing an unexpected situation where cybercrimes are becoming more and more complicated, severely violating social order and security. The Criminal Procedure Code (CrPC) Vietnam 2015 has made important amunpredictable endments and supplements to evidence and evidence institutions, which are important institutions on which procedural bodies base to perform their duties and exercise their powers. Most prominently, the regulation of evidence sources which is electronic data, an entirely new source of evidence, is to respond promptly to crimes using high technology. Within the scope of this article, the author focuses on the new points of the CrPC Vietnam 2015 on the source of evidence that is electronic data in high technology crimes. Further the principles of the evidence act has been explained with amendments in regard to electronic evidence. Finally the safeguards and procedure which needs to be adopted by the Vietnamese judiciary in handling electronic evidences.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89520290","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}
引用次数: 0
IMPACT OF MODERN TECHNOLOGIES ON FREE MOVEMENT OF EVIDENCE IN EUROPEAN UNION 现代技术对欧盟证据自由流动的影响
The Journal of criminal law, criminology, and police science Pub Date : 2021-12-29 DOI: 10.47152/rkkp.59.3.6
Marina Matić Bošković
{"title":"IMPACT OF MODERN TECHNOLOGIES ON FREE MOVEMENT OF EVIDENCE IN EUROPEAN UNION","authors":"Marina Matić Bošković","doi":"10.47152/rkkp.59.3.6","DOIUrl":"https://doi.org/10.47152/rkkp.59.3.6","url":null,"abstract":"According to the estimate of the EU Commission 85 percent of criminal investigations require electronic evidence, while in almost two thirds (65 percent) of the investigations where e-evidence is relevant. Investigation and prosecution of crime increasingly relies on the possibility to have access to data held by service providers, as private company. Modern criminal investigation and use of electronic evidence imposes challenges to the right to fair trial and rule of law standards. The paper identifies benefits and challenges of proposed EU instruments for facilitating e-evidence. The European Commission proposed Regulation of Production Order and Preservation Order with the aim to facilitate access to relevant data stored by service providers. The paper recognizes shortcomings of the proposed Regulation. The biggest challenge is lack of judicial oversight of orders, as a guarantee of fair trial. The paper includes recommendations and policy options for promoting judicial system for cross border access and collection of electronic data in line with EU fundamental rights standards.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82850166","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}
引用次数: 1
THE EROSION OF THE SALDUZ DOCTRINE IN THE CASES OF IBRAHIM AND OTHERS V. THE UNITED KINGDOM AND BEUZE V. BELGIUM 易卜拉欣等人诉联合王国案和beuze诉比利时案中对salduz教义的侵蚀
The Journal of criminal law, criminology, and police science Pub Date : 2021-12-29 DOI: 10.47152/rkkp.59.3.5
Faruk H. Avdić
{"title":"THE EROSION OF THE SALDUZ DOCTRINE IN THE CASES OF IBRAHIM AND OTHERS V. THE UNITED KINGDOM AND BEUZE V. BELGIUM","authors":"Faruk H. Avdić","doi":"10.47152/rkkp.59.3.5","DOIUrl":"https://doi.org/10.47152/rkkp.59.3.5","url":null,"abstract":"The so-called Salduz doctrine that concerns the right to a fair trial and the right to the defense attorney emerged from the case of Salduz v. Turkey, decided on the part of the European Court of Human Rights where the Grand Chamber found the violation of Article 6, paragraph 3(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms. In this connection, the aim of this paper is twofold. In the first place, the paper aims to demonstrate how the European Court of Human Rights has overturned the two main tenents of the so-called Salduz doctrine derived from its landmark case of Salduz v. Turkey in its later Judgments delivered in the case of Ibrahim and Others v. the United Kingdom and the case of Beuze v. Belgium. The two tenets derived from the Salduz doctrine being examined in the paper are the right to access to the defense attorney as a rule during pre-trial proceedings and the absolute exclusionary rule. In the second place, the paper aims to offer a critique of the standard of compelling reasons employed in the Ibrahim Judgment. In order to achieve its aim, this paper primarily analyses the jurisprudence of the European Human Court of Human Rights in the cases of Salduz v. Turkey, Ibrahim and Others v. the United Kingdom, and Beuze v. Belgium. Besides, the paper also touches upon other judgments of the European Court of Human Rights related to its subject. The paper in question, therefore, primarily relies on the case-law method in achieving its aims. The paper concludes that in overturning the Salduz doctrine in relation to aspects examined in the paper, the European Court of Human Rights has exacerbated the legal standing of the person against whom criminal proceedings are being conducted.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85527136","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}
引用次数: 0
MUSIC AS A FACTOR IN ETIOLOGY OF CRIME: CAN IT MAKE US ACCEPT THE UNACCEPTABLE? 音乐作为犯罪病因的一个因素:它能使我们接受不可接受的东西吗?
The Journal of criminal law, criminology, and police science Pub Date : 2021-12-29 DOI: 10.47152/rkkp.59.3.1
Irfan Osmanović, Ena Kazić-Çakar
{"title":"MUSIC AS A FACTOR IN ETIOLOGY OF CRIME: CAN IT MAKE US ACCEPT THE UNACCEPTABLE?","authors":"Irfan Osmanović, Ena Kazić-Çakar","doi":"10.47152/rkkp.59.3.1","DOIUrl":"https://doi.org/10.47152/rkkp.59.3.1","url":null,"abstract":"With no intention to present the importance of music for our lives and for the culture, lesser than it truly has, authors are testing the role of music as a potential factor in etiology of crime. More specifically, they are trying to question whether the music lyrics whose content indicates acceptability of actions that are usually not acceptable, moreover that are criminal, might have an influence on individual so that person perpetrates criminal offence. After brief overview of criminological theories that correlate music and crime, authors will present qualitative study on lyrics of one of the most famous rap duos in Bosnia and Herzegovina, with the analysis of the text, and results of survey conducted among student population of Bosnia and Herzegovina, regarding the general and personal influence of the duo's music.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78491999","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}
引用次数: 0
REGULATION OF REPRODUCTIVE CLONING AND INHERITABLE GENETIC MODIFICATIONS ON HUMANS - PERILS AND DEFICIENCIES 对人类生殖性克隆和可遗传基因修改的管制。危险和缺陷
The Journal of criminal law, criminology, and police science Pub Date : 2021-12-29 DOI: 10.47152/rkkp.59.3.2
Anđela Đukanović
{"title":"REGULATION OF REPRODUCTIVE CLONING AND INHERITABLE GENETIC MODIFICATIONS ON HUMANS - PERILS AND DEFICIENCIES","authors":"Anđela Đukanović","doi":"10.47152/rkkp.59.3.2","DOIUrl":"https://doi.org/10.47152/rkkp.59.3.2","url":null,"abstract":"Harms arising from reproductive cloning or inheritable genetic modifications, for the time being, seem significant. This is supported by the simple fact that the first cloned monkeys were short-lived or by the fact that inheritable genetic modifications still carry a high chance of getting “off-target” results, which could result in serious health problems. Inheritable genetic modifications, in particular, have a high therapeutic potential, and it is suggested that this technology’s comprehension is shifting from an absolute ban, to concerns over safety issues. International law can prove to be facilitative when it comes to deciding which new technology should be prohibited, restricted or allowed, having in mind possible consequences and the so-called phenomenon of reproductive tourism. Legally binding regulation of both technologies has proven challenging at the universal level. However, there has been some progress in Europe on that matter. Harms arising from inheritable genetic modifications seem even higher than in the case of reproductive cloning, since they have the potential to affect the whole of humanity, including future generations. The Criminal Code of Serbia and the Constitution of the Republic of Serbia prohibit reproductive cloning. However, the prohibition of inheritable genetic modifications on humans is not regulated explicitly in the Criminal Code of Serbia, making this technology seem more acceptable or less harmful.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81988225","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}
引用次数: 1
INTERNATIONAL LAW STANDARDS REGARDING SUBSTANTIVE PETTY OFFENCES LAW 关于实质性轻罪法的国际法标准
The Journal of criminal law, criminology, and police science Pub Date : 2021-12-29 DOI: 10.47152/rkkp.59.3.3
Maciej Iwański
{"title":"INTERNATIONAL LAW STANDARDS REGARDING SUBSTANTIVE PETTY OFFENCES LAW","authors":"Maciej Iwański","doi":"10.47152/rkkp.59.3.3","DOIUrl":"https://doi.org/10.47152/rkkp.59.3.3","url":null,"abstract":"This article attempts to identify and analyse, in the light of the provisions of the acts of international law, the following issues belonging to the substantive part of the law on petty offences: the general problem of criminalization in petty offenses law and; the question of the criminal nature of the law of petty offenses, and thus the application of individual provisions to it and the resulting guarantees appropriate to that law; the application of the principle of guilt on the basis of the analysed regulations as a premise for assigning liability; the principle of ne bis in idem; the principle of nullum crimen nulla poena sine lege, especially in so far as it derives from the principle of lex mitior retro agit.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85602932","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}
引用次数: 0
SENTENCING SCOPES (RANGES) IN THE CRIMINAL CODE OF MONTENEGRO AND THE SENTENCING POLICY 黑山刑法中的量刑范围(范围)和量刑政策
The Journal of criminal law, criminology, and police science Pub Date : 2021-11-05 DOI: 10.47152/rkkp.59.2.6
Darko Radulović
{"title":"SENTENCING SCOPES (RANGES) IN THE CRIMINAL CODE OF MONTENEGRO AND THE SENTENCING POLICY","authors":"Darko Radulović","doi":"10.47152/rkkp.59.2.6","DOIUrl":"https://doi.org/10.47152/rkkp.59.2.6","url":null,"abstract":"The fixing of sentence is one of the most important issues in both criminal law theory and practice. In a certain sense, all provisions of the criminal legislation are embodied precisely in the fixing of sentence. The fixing of sentence depends on the manner in which the legal sentencing scopes have been set normatively. This paper is dedicated to the analysis of the sentencing ranges in the Criminal Code of Montenegro. It first discusses the three systems of imposition of a sentence of imprisonment, and then the different models of sentencing scopes (closed, open and semi-open). This is followed by a presentation of the prevalence of said models in the criminal legislation of Montenegro in terms of the normative determination of individual sanctions in a separate part of the Criminal Code and its practical application. There is also an examination of the relationship between the legislative sentencing policy and the judicial sentencing policy.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"70 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86260272","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}
引用次数: 0
CHALLENGES OF APPLICATION AND INTERPRETATION OF REGULATIONS IN THE PRACTICE OF MISDEMEANOR COURTS 轻罪法庭实践中法规适用与解释的挑战
The Journal of criminal law, criminology, and police science Pub Date : 2021-11-05 DOI: 10.47152/rkkp.59.2.5
M. Jeličić
{"title":"CHALLENGES OF APPLICATION AND INTERPRETATION OF REGULATIONS IN THE PRACTICE OF MISDEMEANOR COURTS","authors":"M. Jeličić","doi":"10.47152/rkkp.59.2.5","DOIUrl":"https://doi.org/10.47152/rkkp.59.2.5","url":null,"abstract":"The author analyzes the always current issue of application and interpretation of regulations in the practice of misdemeanor courts. The scope and complexity of the matter in which misdemeanor courts act is pointed out, but also the fact that shortcomings in the regulation of regulations represent a major problem in court practice. The subject of the author's interest are the basic principles of application of law as the basic activity of misdemeanor courts, which is why the structure of the legal norm and the distinction between factual and legal issues are considered. Then, the notion of court interpretation of regulations was analyzed and attention was drawn to the dangers of applying the analogy in substantive misdemeanor law. The author considered the issues of court interpretation of regulations which provide for the objective responsibility of a natural person and different interpretations of regulations as the cause of uneven court practice. Numerous court decisions listed in the paper served as a basis to point out the importance of court interpretation of legal institutes for misdemeanor liability. Through the theoretical aspect and rich case law, the author analyzed some controversial issues and offered solutions to the problem, concluding that judges of misdemeanor courts in their daily work have great challenges related to the application and interpretation of regulations.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88905562","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}
引用次数: 0
MARGINAL NOTES TO THE PROVISIONS OF THE CRIMINAL PROCEDURE CODE ON THE HEARING FOR THE IMPOSITION OF CRIMINAL SANCTIONS 《刑事诉讼法》关于对实施刑事制裁进行听证的规定的旁注
The Journal of criminal law, criminology, and police science Pub Date : 2021-11-05 DOI: 10.47152/rkkp.59.2.1
Emir A. Ćorović
{"title":"MARGINAL NOTES TO THE PROVISIONS OF THE CRIMINAL PROCEDURE CODE ON THE HEARING FOR THE IMPOSITION OF CRIMINAL SANCTIONS","authors":"Emir A. Ćorović","doi":"10.47152/rkkp.59.2.1","DOIUrl":"https://doi.org/10.47152/rkkp.59.2.1","url":null,"abstract":"The article refers to the hearing for imposing a criminal sanction, as a simplified procedural form provided by the Serbian Criminal Procedure Code. It is an institute which in comparative legislation is usually called a penal order. The paper critically considers the regulation of this procedural form, and at the end are given some proposals de lege ferenda.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"454 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79735977","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}
引用次数: 0
SAFETY MEASURE OF MANDATORY TREATMENT FREEDOM OF ALCOHOLICS (STANDARD AND PRACTICE) 强制治疗酗酒者自由的安全措施(标准和做法)
The Journal of criminal law, criminology, and police science Pub Date : 2021-11-05 DOI: 10.47152/rkkp.59.2.9
Slađana Mi, D. Mitrović
{"title":"SAFETY MEASURE OF MANDATORY TREATMENT FREEDOM OF ALCOHOLICS (STANDARD AND PRACTICE)","authors":"Slađana Mi, D. Mitrović","doi":"10.47152/rkkp.59.2.9","DOIUrl":"https://doi.org/10.47152/rkkp.59.2.9","url":null,"abstract":"In accordance with modern understandings of criminal law science and solutions present in the comparative criminal legislation, the Criminal Code of the Republic of Serbia pays special attention to security measures as special and above all specific criminal sanctions. They are one of the four types of criminal sanctions provided for in this legal text. Among the eleven security measures, four are of a medical nature and they differ in a number of features, not only in relation to other criminal sanctions, but also other security measures. One of the medical safety measures is the obligatory treatment of alcoholics. There are a number of specifics of this security measure, and one of them is its manner of execution. Given this, the subject of analysis in the paper are two aspects of the safety measure of compulsory treatment of alcoholics. These are: normative and practical. The justification of this approach in the analysis of the subject matter is contained in the fact that only adequately performed and this security measure is in the function of its standardization - the function of eliminating conditions or conditions that may affect the perpetrator in the future does not commit crimes due to alcohol dependence. to the expression of criminal acts of violence that are increasingly present in the total mass of crime.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85353731","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}
引用次数: 0
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