In this article, the Author considers various issues concerning the nature and the status of the Kosovo Specialist Chambers and Specialist Prosecutor's Office whose establishment was projected by the European Union (in the field of foreign and security policy) and implemented through legal instruments of the so-called "Republic of Kosovo", with the full logistical and financial support of the European Union. Those judicial institutions deal with key events from 1998 to 2000 and also with the legal qualifications and status under international law of the main actors in the conflict on the territory of Kosovo and Metohija. The institutional and Legal framework established by the creation of the Kosovo Specialist Chambers and Specialist Prosecutor's Office enables implementation of the prosecutorial policy that goes in the direction of the "legalization" of the Kosovo Liberation Army and strengthening the claim of certain political actors for Kosovo independence.
{"title":"The nature and the status of the Kosovo Specialist Chambers and Specialist Prosecutor's Office: The European Union project implemented through \"Kosovo legislation\"","authors":"A. Gajić","doi":"10.5937/crimen2203231g","DOIUrl":"https://doi.org/10.5937/crimen2203231g","url":null,"abstract":"In this article, the Author considers various issues concerning the nature and the status of the Kosovo Specialist Chambers and Specialist Prosecutor's Office whose establishment was projected by the European Union (in the field of foreign and security policy) and implemented through legal instruments of the so-called \"Republic of Kosovo\", with the full logistical and financial support of the European Union. Those judicial institutions deal with key events from 1998 to 2000 and also with the legal qualifications and status under international law of the main actors in the conflict on the territory of Kosovo and Metohija. The institutional and Legal framework established by the creation of the Kosovo Specialist Chambers and Specialist Prosecutor's Office enables implementation of the prosecutorial policy that goes in the direction of the \"legalization\" of the Kosovo Liberation Army and strengthening the claim of certain political actors for Kosovo independence.","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71209744","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}
Technological development and new forms of crime require redefinition of existing legal frameworks at domestic and international level. EncroChat and SkyEcc cases highlighted these problems, throwing the courts before the old Packer's dilemma, whether to give priority to crime control or due process model. While the protection of citizens' rights prevailed for many years, guided by the maxims that "the democracy of a society is measured by the provisions of its criminal procedure" and that "it is better 100 guilty persons to escape than that one innocent person suffer" it seems that in the era of information technologies, another model prevails, legitimizing almost unimaginable concepts such as mass surveillance of communications with derogation of the principle of territorial sovereignty. The "problem" escalated and came to the attention of many European countries after the "breaking" of the communication platforms EncroChat and SKY Ecc, which certainly contributed to the detection (and prevention) of numerous criminal acts by criminal groups, while at the same time opened many questions, starting from the method of discovering communication, delivering material to other countries and using it in criminal proceedings, the validity and admissibility of the so-called of "mass surveillance" that affects not only "criminals" but also "ordinary citizens", i.e. all users of certain communication platforms. The first part of the paper deals with the issues how these networks were break down, the legal basis for such actions, the legal basis for providing the obtained data to other countries, their evaluation and further use in criminal proceedings. As different countries have different procedural rules, the question is whether a domestic judge is authorized to evaluate the legality of evidence obtained abroad and according to what criteria? In this regard, a distinction is made between EU member states where European investigative orders and the principle of mutual recognition apply and other countries in the system of mutual legal assistance in criminal matters. In the second part, we deal with the legal nature of the obtained data through the dilemma of whether it was targeted surveillance in criminal proceedings, or mass surveillance carried out by the intelligence services, as well as the ECtHR's practice related to these issues. Bearing in mind that these investigations are still under the "veil of silence", the study was based on Europol/Eurojust data and few publicly available decisions of courts in Germany and the United Kingdom about the admissibility of these evidence.
{"title":"Evidence from the EncroChat and SKY ECC encrypted phones","authors":"Vanja Bajović","doi":"10.5937/crimen2202154b","DOIUrl":"https://doi.org/10.5937/crimen2202154b","url":null,"abstract":"Technological development and new forms of crime require redefinition of existing legal frameworks at domestic and international level. EncroChat and SkyEcc cases highlighted these problems, throwing the courts before the old Packer's dilemma, whether to give priority to crime control or due process model. While the protection of citizens' rights prevailed for many years, guided by the maxims that \"the democracy of a society is measured by the provisions of its criminal procedure\" and that \"it is better 100 guilty persons to escape than that one innocent person suffer\" it seems that in the era of information technologies, another model prevails, legitimizing almost unimaginable concepts such as mass surveillance of communications with derogation of the principle of territorial sovereignty. The \"problem\" escalated and came to the attention of many European countries after the \"breaking\" of the communication platforms EncroChat and SKY Ecc, which certainly contributed to the detection (and prevention) of numerous criminal acts by criminal groups, while at the same time opened many questions, starting from the method of discovering communication, delivering material to other countries and using it in criminal proceedings, the validity and admissibility of the so-called of \"mass surveillance\" that affects not only \"criminals\" but also \"ordinary citizens\", i.e. all users of certain communication platforms. The first part of the paper deals with the issues how these networks were break down, the legal basis for such actions, the legal basis for providing the obtained data to other countries, their evaluation and further use in criminal proceedings. As different countries have different procedural rules, the question is whether a domestic judge is authorized to evaluate the legality of evidence obtained abroad and according to what criteria? In this regard, a distinction is made between EU member states where European investigative orders and the principle of mutual recognition apply and other countries in the system of mutual legal assistance in criminal matters. In the second part, we deal with the legal nature of the obtained data through the dilemma of whether it was targeted surveillance in criminal proceedings, or mass surveillance carried out by the intelligence services, as well as the ECtHR's practice related to these issues. Bearing in mind that these investigations are still under the \"veil of silence\", the study was based on Europol/Eurojust data and few publicly available decisions of courts in Germany and the United Kingdom about the admissibility of these evidence.","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71209726","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}
In the paper, we tried to comprehensively define the field of application of the prohibition of reformatio in peius, and to present theoretical, divergent, interpretations of this provision, as well as to try to illustrate all this with the practice of both regular and constitutional courts. We have seen that the provision of Article 400 of the Montenegrin Code of Criminal Procedure is not enough to be interpreted only linguistically. This provision hides much more. First of all, the phrase "appeal filed only in favor of the defendant" should be interpreted in the same way when the prosecutor filed an appeal that was rejected. In addition, we have seen that this prohibition binds both the second-instance court when deciding on the appeal and the first-instance court in the retrial, if the decision is revoked. The practice of international courts, more specifically the European Court of Human Rights and the Court of Justice of the European Union, represented an unavoidable sequence in the presentation. We have seen that the ECtHR did not affirm this prohibition in its practice. Moreover, it could be said that if the national courts respect the ECHR standards inaugurated so far, a stricter legal qualification and (or) a stricter criminal sanction against the defendant in the new proceedings would be allowed. It only remains for us to see whether the ECtHR, over time, will change this practice, or whether we, under the undoubted authority of this court, will marginalize this provision.
{"title":"Reformatio in peius in criminal procedure","authors":"Krsto Pejović","doi":"10.5937/crimen2203264p","DOIUrl":"https://doi.org/10.5937/crimen2203264p","url":null,"abstract":"In the paper, we tried to comprehensively define the field of application of the prohibition of reformatio in peius, and to present theoretical, divergent, interpretations of this provision, as well as to try to illustrate all this with the practice of both regular and constitutional courts. We have seen that the provision of Article 400 of the Montenegrin Code of Criminal Procedure is not enough to be interpreted only linguistically. This provision hides much more. First of all, the phrase \"appeal filed only in favor of the defendant\" should be interpreted in the same way when the prosecutor filed an appeal that was rejected. In addition, we have seen that this prohibition binds both the second-instance court when deciding on the appeal and the first-instance court in the retrial, if the decision is revoked. The practice of international courts, more specifically the European Court of Human Rights and the Court of Justice of the European Union, represented an unavoidable sequence in the presentation. We have seen that the ECtHR did not affirm this prohibition in its practice. Moreover, it could be said that if the national courts respect the ECHR standards inaugurated so far, a stricter legal qualification and (or) a stricter criminal sanction against the defendant in the new proceedings would be allowed. It only remains for us to see whether the ECtHR, over time, will change this practice, or whether we, under the undoubted authority of this court, will marginalize this provision.","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71209787","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}
The paper deals with the problem of child marriage, which although insufficiently accurate and unknown as a legal term (and therefore placed under allegations) dominates international legal documents as well as national documents and research surveys. It should be pointed out that the inaccuracy of the term "child marriage" negatively affects the recognition, registration, and response to a dangerous phenomenon that should be prevented and suppressed. The author presents and analyzes provisions of the most important international legal documents relevant to the topic, the results of the latest research surveys, pointing out to the (non-)compliance of the Serbian legal framework with international legal requirements and recommendations. The situation in Serbia has also been discussed from an aspect of the practice, with an emphasis on the criminal legal context in which the phenomenon of child marriage can be considered (given the perceived link to crimes such as coercion, neglecting and abusing a minor, domestic violence, cohabiting with a minor, sexual intercourse with a child, human trafficking).
{"title":"Child marriages overshadowed by crimes","authors":"Slađana Jovanović","doi":"10.5937/crimen2201048j","DOIUrl":"https://doi.org/10.5937/crimen2201048j","url":null,"abstract":"The paper deals with the problem of child marriage, which although insufficiently accurate and unknown as a legal term (and therefore placed under allegations) dominates international legal documents as well as national documents and research surveys. It should be pointed out that the inaccuracy of the term \"child marriage\" negatively affects the recognition, registration, and response to a dangerous phenomenon that should be prevented and suppressed. The author presents and analyzes provisions of the most important international legal documents relevant to the topic, the results of the latest research surveys, pointing out to the (non-)compliance of the Serbian legal framework with international legal requirements and recommendations. The situation in Serbia has also been discussed from an aspect of the practice, with an emphasis on the criminal legal context in which the phenomenon of child marriage can be considered (given the perceived link to crimes such as coercion, neglecting and abusing a minor, domestic violence, cohabiting with a minor, sexual intercourse with a child, human trafficking).","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71209844","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}
Rad se zasniva na istraživanju sudske prakse i može da posluži kao svojevrsni priručnik sudijama i tužiocima pri odlučivanju o troškovima krivičnog postupka. U njemu bi trebalo naći odgovor za gotovo svaku situaciju u toj materiji. Zasniva se na analizi 300 odluka Vrhovnog kasacionog suda (period od 2010. do 2022.), 40 odluka Osnovnog suda u Novom Sadu (2021. i 2022.); dve odluke Ustavnog suda; 21 skup izvora - odgovori na sporna pitanja Vrhovnog kasacionog suda (2014.), stavovi krivičnog odeljenja VKS (2016. do 2019.), stavovi građanskog odeljenja VKS (2016.), bilteni VKS i VSS (2007., 2008., 2018., 2019. i 2021.), zbirni izveštaji Apelacionog javnog tužilaštva u Novom Sadu (2014. i 2015.), pravna shvatanja Prekršajnog apelacionog suda (2018. i 2019.); devet sentenci i zaključaka VKS (2013. do 2020.) i relevantne udžbeničke i komentatorske literature.
这项工作以司法实践研究为基础，可以作为法官和检察官决定刑事诉讼费用的普遍管理者。他应该为这件事的几乎每一种情况找到答案。根据对最高法院300项裁决的分析（2010年）。到2022年，新萨德一审法院作出了40项裁决（2021年）。2022年。）；宪法法院的两项裁决；21来源小组-对最高法院争议问题的回应（2014年），VKS刑事庭的意见（2016年）。截至2019年，VKS（2016年）、VKS和VSS民政部门的职位记录（2007年、2008年、2018年、2019年）。i 2021.），zbirni izveštaji Apelaciong javnog tužilaštva u Novom Sadu（2014。以及2015年，上诉法院的法律谅解（2018）。2019年。）；VKS的九句话和结论（2013）到2020年）以及相关的教育和评论文献。
{"title":"Troškovi krivičnog postupka - kritička analiza uzorka od 342 sudske odluke - I deo","authors":"Nikola Vuković","doi":"10.5937/crimen2201064v","DOIUrl":"https://doi.org/10.5937/crimen2201064v","url":null,"abstract":"Rad se zasniva na istraživanju sudske prakse i može da posluži kao svojevrsni priručnik sudijama i tužiocima pri odlučivanju o troškovima krivičnog postupka. U njemu bi trebalo naći odgovor za gotovo svaku situaciju u toj materiji. Zasniva se na analizi 300 odluka Vrhovnog kasacionog suda (period od 2010. do 2022.), 40 odluka Osnovnog suda u Novom Sadu (2021. i 2022.); dve odluke Ustavnog suda; 21 skup izvora - odgovori na sporna pitanja Vrhovnog kasacionog suda (2014.), stavovi krivičnog odeljenja VKS (2016. do 2019.), stavovi građanskog odeljenja VKS (2016.), bilteni VKS i VSS (2007., 2008., 2018., 2019. i 2021.), zbirni izveštaji Apelacionog javnog tužilaštva u Novom Sadu (2014. i 2015.), pravna shvatanja Prekršajnog apelacionog suda (2018. i 2019.); devet sentenci i zaključaka VKS (2013. do 2020.) i relevantne udžbeničke i komentatorske literature.","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71209855","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}
Contemporary social sciences are rooted in Isaac Newton's ontology. This interdisciplinary article advocates an engagement with the new sciences, particularly quantum theory and quantum holography. It focuses particularly on the field of criminology, which amongst the social sciences stands as the most obstinate in a time when new thinking to deal with the crime problem is most compelling. It offers possible changes in our methodological approaches. It advocates a transformative justice as a replacement to "criminal justice" and "restorative justice".
{"title":"What's quantum got to do with it?: Engaging the new sciences in criminology and criminal justice","authors":"D. Milovanović","doi":"10.5937/crimen2201003m","DOIUrl":"https://doi.org/10.5937/crimen2201003m","url":null,"abstract":"Contemporary social sciences are rooted in Isaac Newton's ontology. This interdisciplinary article advocates an engagement with the new sciences, particularly quantum theory and quantum holography. It focuses particularly on the field of criminology, which amongst the social sciences stands as the most obstinate in a time when new thinking to deal with the crime problem is most compelling. It offers possible changes in our methodological approaches. It advocates a transformative justice as a replacement to \"criminal justice\" and \"restorative justice\".","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71209668","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}
The years 2014-2019, saw approximately 104.000 Eritreans arriving by boat from North Africa to Italy alone. Thousands of others arrived via Greece, Spain and Turkey into the EU. With an estimated population of 5,34 million people that equates to almost 2% of the entire population of Eritrea arriving in Italy during these five years. Eritreans were among the ethnic groups associated with the so called 'Migrant Crisis' in the Mediterranean, a phenomenon that has been well-documented. Depending on the viewpoint, migration to the EU through the Mediterranean or via Turkey has been described as an 'invasion', portrayed in some sections as Europe being 'under siege', and suggested - as in the case of the former Italian Interior Minister Salvini - as a means for terrorists to infiltrate European borders. Or, simply, as a tragedy with the route becoming known as 'the world's deadliest' for migrants. Without first understanding or acknowledging the drivers of irregular migration, the responses will not be effective. As Eritreans are one of top nationalities undertaking irregular migration to travel to the EU, this article looks at their motivations and the means used by them to migrate illegally. In doing so, it attempts to show what drives the high volume of people migrating and that the link between smugglers and criminality is not as western perceptions and paradigms would indicate.
{"title":"Irregular migration from Eritrea and role of human smuggling","authors":"J. Whittle, G. Antonopoulos","doi":"10.5937/crimen2201014w","DOIUrl":"https://doi.org/10.5937/crimen2201014w","url":null,"abstract":"The years 2014-2019, saw approximately 104.000 Eritreans arriving by boat from North Africa to Italy alone. Thousands of others arrived via Greece, Spain and Turkey into the EU. With an estimated population of 5,34 million people that equates to almost 2% of the entire population of Eritrea arriving in Italy during these five years. Eritreans were among the ethnic groups associated with the so called 'Migrant Crisis' in the Mediterranean, a phenomenon that has been well-documented. Depending on the viewpoint, migration to the EU through the Mediterranean or via Turkey has been described as an 'invasion', portrayed in some sections as Europe being 'under siege', and suggested - as in the case of the former Italian Interior Minister Salvini - as a means for terrorists to infiltrate European borders. Or, simply, as a tragedy with the route becoming known as 'the world's deadliest' for migrants. Without first understanding or acknowledging the drivers of irregular migration, the responses will not be effective. As Eritreans are one of top nationalities undertaking irregular migration to travel to the EU, this article looks at their motivations and the means used by them to migrate illegally. In doing so, it attempts to show what drives the high volume of people migrating and that the link between smugglers and criminality is not as western perceptions and paradigms would indicate.","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71209677","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}
The stages of commission of criminal offense have raised a number of questions. The merits of the discussions dedicated to this issue mostly include the problem of demarcation of generally unpunishable preparatory actions and attempts of criminal offenses. However, it is no less important to pay attention to the aporia that refer exclusively to the stage of preparation of a criminal offense. Primarily, it is noticeable the abundance of pro et contra arguments for punishment for actions at this stage. Then, the models of incriminating preparatory actions are different. Legislation regulating this institute in the provisions of both the general and special part is identified, as well as legislation that does so only through incriminations. And within of these constellations legal solutions are not identical. In addition to the above, the paper discusses whether the incrimination of actions from the stage of preparation of a criminal offense is really the ultima ratio in modern criminal law.
{"title":"Certain questions of incrimination of preparation of criminal offense","authors":"D. Vasiljević","doi":"10.5937/crimen2202180v","DOIUrl":"https://doi.org/10.5937/crimen2202180v","url":null,"abstract":"The stages of commission of criminal offense have raised a number of questions. The merits of the discussions dedicated to this issue mostly include the problem of demarcation of generally unpunishable preparatory actions and attempts of criminal offenses. However, it is no less important to pay attention to the aporia that refer exclusively to the stage of preparation of a criminal offense. Primarily, it is noticeable the abundance of pro et contra arguments for punishment for actions at this stage. Then, the models of incriminating preparatory actions are different. Legislation regulating this institute in the provisions of both the general and special part is identified, as well as legislation that does so only through incriminations. And within of these constellations legal solutions are not identical. In addition to the above, the paper discusses whether the incrimination of actions from the stage of preparation of a criminal offense is really the ultima ratio in modern criminal law.","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71209739","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}
The main goal of this paper is to reveal if the principle of determination of truth, understood in its traditional, continental law manner, is accepted in the criminal procedure of the International Criminal Court (ICC) and to which extent. In order to fulfill that goal, the author analyses main phases of the proceedings before ICC and points out in each of them the rules which derive from the principle of determination of truth. Also, the author explains and polemicizes with the main theoretical approaches to this issue. Furthermore, some of the most visible normative solutions that are contrary to the principle of determination of truth are being emphasised. Guided by the results of the conducted analysis, the author measures the scope of the principle of determination of truth in the ICC criminal procedure. Therefore, it has been determinated that the influence of the said principle is at its most visible in the early stages of the proceedings (investigation and confirmation of charges), while it fades out in its later stages. Finally, it is being discussed whether it would be better to incorporate the principle of determination of truth to a larger extent in the procedure before ICC, having especially in mind a great importance and historical role that ICC has (or, better said, aspires to have).
{"title":"Elements of the principle of determination of truth in the procedural rules of the International Criminal Court","authors":"Aleksa Škundrić","doi":"10.5937/crimen2203284s","DOIUrl":"https://doi.org/10.5937/crimen2203284s","url":null,"abstract":"The main goal of this paper is to reveal if the principle of determination of truth, understood in its traditional, continental law manner, is accepted in the criminal procedure of the International Criminal Court (ICC) and to which extent. In order to fulfill that goal, the author analyses main phases of the proceedings before ICC and points out in each of them the rules which derive from the principle of determination of truth. Also, the author explains and polemicizes with the main theoretical approaches to this issue. Furthermore, some of the most visible normative solutions that are contrary to the principle of determination of truth are being emphasised. Guided by the results of the conducted analysis, the author measures the scope of the principle of determination of truth in the ICC criminal procedure. Therefore, it has been determinated that the influence of the said principle is at its most visible in the early stages of the proceedings (investigation and confirmation of charges), while it fades out in its later stages. Finally, it is being discussed whether it would be better to incorporate the principle of determination of truth to a larger extent in the procedure before ICC, having especially in mind a great importance and historical role that ICC has (or, better said, aspires to have).","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71209797","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}
Forensic neuropsychology derived from clinical neuropsychology. This area not only relies on neuropsychological approach and practice and principals of brain structure and functions, but also on the contribution of diagnostic methods of brain visualization (neuroimaging). In the last decade, large number of books that deal with this topic has been published, mostly by American authors, just as a Journal of Forensic Neuropsychology dedicated to this field has started issuing. There are more and more demands in the world from judges and lawyers that neuropsychologists should provide services of quantifying and evaluating the severeness of cognitive deficits of respondents. In most cases, it is being asked of neuropsychologist to provide expertise based on clinical observation and results of neuropsychological examinations about the connection of individual cognitive functioning and behavior and special brain localization, as well as to provide the evaluation of the level of cognitive impairments. Unfortunately, official educational and training program in this field doesn't exist in Serbia, so a specific licence is not required. Also, there is a lack of professional organization that would gather forensic neuropsychologists. Practitioners that firstly obtained the status of graduated psychologists and then were educated in the field of clinical neuropsychology are the ones who deal with this area. In our country the role of forensic neuropsychologist is still not recognised enough, just as the possible significance these experts might have in judicial processes isn't. Topics that are being most focused on in the scope of forensic neuropsychology are ethical questions, the evaluation of validity of symptoms with special emphasis on evaluating effort that is being put on examination and the precense of potential malingering, There are significant differences between clinical and forensic neuropsychology. Clinical neuropsychology determines the presence of impairment in cognitive functioning, while the main goal of forensic neuropsychology is to provide answers to the legal questions. That key difference between goals leads to different presumptions, roles, alliances and methods. The results of clinical and forensic examinations are demanded and used by different scientists. Clincal evaluation is mostly demanded by experts who deal with treating and rehabilitating people with neuropsychological impairments or brain injuries, while forensic evaluation is being demanded and used by legal institutions. Efficient use of neuropsychological principles as an answer on forensic questions requires clinical skills, critical thinking and close connection to the scientific principles. With double focus on clinical psychology and neurology, neuropsychologists can contribute to the legal system not only by their understanding of neuroanathomy and neuropathology, but also with their capability to objectively document how neuropathological conditions affect thinking,
法医神经心理学源于临床神经心理学。该领域不仅依赖于神经心理学的方法和实践以及大脑结构和功能的原理，而且还依赖于脑可视化(神经成像)诊断方法的贡献。在过去的十年里，已经出版了大量关于这个主题的书籍，主要是由美国作者出版的，就像专门研究这个领域的《法医神经心理学杂志》(Journal of Forensic Neuropsychology)开始发行一样。国际上越来越多的法官和律师要求神经心理学家提供量化和评估被调查者认知缺陷严重程度的服务。在大多数情况下，神经心理学家被要求提供基于临床观察和神经心理学检查结果的专业知识，以了解个体认知功能与行为的联系以及大脑的特殊定位，并提供认知障碍水平的评估。不幸的是，塞尔维亚没有这方面的官方教育和培训计划，因此不需要特定的许可证。此外，也缺乏专业组织来召集法医神经心理学家。首先获得心理学家学位，然后在临床神经心理学领域接受教育的从业人员是处理这一领域的人。在我国，法医神经心理学家的作用仍然没有得到足够的认可，就像这些专家在司法程序中可能具有的意义一样。在法医神经心理学的范围内，最受关注的主题是伦理问题，对症状有效性的评估，特别强调评估正在进行的检查和潜在的装病的借口，临床和法医神经心理学之间存在显著差异。临床神经心理学确定认知功能障碍的存在，而法医神经心理学的主要目标是为法律问题提供答案。目标之间的关键差异导致了不同的假设、角色、联盟和方法。不同的科学家需要和使用临床和法医检查的结果。临床评估主要是由处理神经心理障碍或脑损伤患者的治疗和康复的专家要求的，而法医评估则是由法律机构要求和使用的。有效地利用神经心理学原理作为法医问题的答案需要临床技能、批判性思维和与科学原理的密切联系。神经心理学家对临床心理学和神经学的双重关注，不仅可以通过他们对神经解剖学和神经病理学的理解，还可以通过他们客观记录神经病理状况如何影响思维、记忆和决策过程的能力，为法律体系做出贡献，这是迄今为止最重要的。
{"title":"Forensic neuropsychology: Role and significance in judicial system","authors":"Ivana Leposavić, J. Veljković","doi":"10.5937/crimen2101053l","DOIUrl":"https://doi.org/10.5937/crimen2101053l","url":null,"abstract":"Forensic neuropsychology derived from clinical neuropsychology. This area not only relies on neuropsychological approach and practice and principals of brain structure and functions, but also on the contribution of diagnostic methods of brain visualization (neuroimaging). In the last decade, large number of books that deal with this topic has been published, mostly by American authors, just as a Journal of Forensic Neuropsychology dedicated to this field has started issuing. There are more and more demands in the world from judges and lawyers that neuropsychologists should provide services of quantifying and evaluating the severeness of cognitive deficits of respondents. In most cases, it is being asked of neuropsychologist to provide expertise based on clinical observation and results of neuropsychological examinations about the connection of individual cognitive functioning and behavior and special brain localization, as well as to provide the evaluation of the level of cognitive impairments. Unfortunately, official educational and training program in this field doesn't exist in Serbia, so a specific licence is not required. Also, there is a lack of professional organization that would gather forensic neuropsychologists. Practitioners that firstly obtained the status of graduated psychologists and then were educated in the field of clinical neuropsychology are the ones who deal with this area. In our country the role of forensic neuropsychologist is still not recognised enough, just as the possible significance these experts might have in judicial processes isn't. Topics that are being most focused on in the scope of forensic neuropsychology are ethical questions, the evaluation of validity of symptoms with special emphasis on evaluating effort that is being put on examination and the precense of potential malingering, There are significant differences between clinical and forensic neuropsychology. Clinical neuropsychology determines the presence of impairment in cognitive functioning, while the main goal of forensic neuropsychology is to provide answers to the legal questions. That key difference between goals leads to different presumptions, roles, alliances and methods. The results of clinical and forensic examinations are demanded and used by different scientists. Clincal evaluation is mostly demanded by experts who deal with treating and rehabilitating people with neuropsychological impairments or brain injuries, while forensic evaluation is being demanded and used by legal institutions. Efficient use of neuropsychological principles as an answer on forensic questions requires clinical skills, critical thinking and close connection to the scientific principles. With double focus on clinical psychology and neurology, neuropsychologists can contribute to the legal system not only by their understanding of neuroanathomy and neuropathology, but also with their capability to objectively document how neuropathological conditions affect thinking,","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71209715","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}
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