In this paper author discusses the characteristics of discourse on modern terrorism. When it comes to the terrorism ordinary people gain knowledge mostly through media. The influence of specific image of terrorism is not limited to citizens who live in countries which faced with a terrorist threat or concrete attack but goes further to the different part of the world, some of them very far from the possibility of terrorist attack. Demystification of discourse on modern terrorism begins with analysis of the phenomenological dimension of modern terrorism, in terms of being defined and assigned. We can talk about two different approaches: older and newer, in understanding the terrorism. The new approach gains momentum with the events of 11 September and took shape after similar events on European continent. At the core of understanding of modern terrorism is the discourse on religious-based Islamic terrorism. Specific discourse on modern terrorism affects how it is understood by the general public, and it influences, in particular, the creation of stereotypes about a modern terrorists and the spread of fear of terrorism. The formation and maintenance of stereotypes about modern terrorism, which emphasizes the role of Islam and members of the Islamic community in planning and carrying out terrorist actions, creates a growing gap among people, especially in countries affected by terrorist attacks. The discourse on modern terrorism also implies an appropriate perception of the risk of terrorism all over the world. From that point of view risk of terrorism is real and constant. Similar situation is in Serbia and in that sense the results of limited research about perception of terrorism in Serbia presented in work show to a certain extant the existence of such global influence.
{"title":"Discourse on modern terrorism","authors":"A. Ilić","doi":"10.5937/crimen2103309i","DOIUrl":"https://doi.org/10.5937/crimen2103309i","url":null,"abstract":"In this paper author discusses the characteristics of discourse on modern terrorism. When it comes to the terrorism ordinary people gain knowledge mostly through media. The influence of specific image of terrorism is not limited to citizens who live in countries which faced with a terrorist threat or concrete attack but goes further to the different part of the world, some of them very far from the possibility of terrorist attack. Demystification of discourse on modern terrorism begins with analysis of the phenomenological dimension of modern terrorism, in terms of being defined and assigned. We can talk about two different approaches: older and newer, in understanding the terrorism. The new approach gains momentum with the events of 11 September and took shape after similar events on European continent. At the core of understanding of modern terrorism is the discourse on religious-based Islamic terrorism. Specific discourse on modern terrorism affects how it is understood by the general public, and it influences, in particular, the creation of stereotypes about a modern terrorists and the spread of fear of terrorism. The formation and maintenance of stereotypes about modern terrorism, which emphasizes the role of Islam and members of the Islamic community in planning and carrying out terrorist actions, creates a growing gap among people, especially in countries affected by terrorist attacks. The discourse on modern terrorism also implies an appropriate perception of the risk of terrorism all over the world. From that point of view risk of terrorism is real and constant. Similar situation is in Serbia and in that sense the results of limited research about perception of terrorism in Serbia presented in work show to a certain extant the existence of such global influence.","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":"71209611","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 preliminary proceedings, for which for the purposes of this paper we mean part of the procedure in which authority conducting proceedings is public prosecutor, prosecutor's offices in Serbia have been making decisions for ten years that according to the CPC they can not make. First, decisions of dismissal of criminal complaint are made when the prosecutor, after undertaking criminal prosecution in preliminary proceedings for criminal offences for which a fine or a term of imprisonment of up to eight years shall be prescribed as the principal penalty, determines that there is not a sufficient degree of probability that the defendant committed the crime. Second mistake is the decision of dismissal of criminal complaint in a situation when the criminal proceedings began by the issuance of a ruling ordering detention before submitting a motion to indict in summary proceedings. The third mistake is issuing an order discontinuing the investigation after the conclusion of the investigation. In the first and third case, a decision to abandon criminal prosecution should be made and in the second case, the public prosecutor should submit a statement of abandoning criminal prosecution to the judge for the preliminary proceedings after which that judge will issue a ruling discontinuing criminal proceedings.
{"title":"Public prosecutor's decision not to conduct criminal prosecution and to abandon criminal prosecution: Introduction of the ruling of abandoning criminal prosecution","authors":"Nikola Vukovic","doi":"10.5937/crimen2102148v","DOIUrl":"https://doi.org/10.5937/crimen2102148v","url":null,"abstract":"In preliminary proceedings, for which for the purposes of this paper we mean part of the procedure in which authority conducting proceedings is public prosecutor, prosecutor's offices in Serbia have been making decisions for ten years that according to the CPC they can not make. First, decisions of dismissal of criminal complaint are made when the prosecutor, after undertaking criminal prosecution in preliminary proceedings for criminal offences for which a fine or a term of imprisonment of up to eight years shall be prescribed as the principal penalty, determines that there is not a sufficient degree of probability that the defendant committed the crime. Second mistake is the decision of dismissal of criminal complaint in a situation when the criminal proceedings began by the issuance of a ruling ordering detention before submitting a motion to indict in summary proceedings. The third mistake is issuing an order discontinuing the investigation after the conclusion of the investigation. In the first and third case, a decision to abandon criminal prosecution should be made and in the second case, the public prosecutor should submit a statement of abandoning criminal prosecution to the judge for the preliminary proceedings after which that judge will issue a ruling discontinuing criminal proceedings.","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":"71209453","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}
Joint criminal enterprise (JCE) is the institute first applied by the International criminal tribunal for the former Yugoslavia (ICTY) in the Tadić case, and thereafter further shaped through the practice of the ICTY despite the fact that JCE as a form of individual responsibility is not mentioned anywhere in the Statute of ICTY, neither implicitly nor explicitly. Although today there is no doubt that the Joint criminal enterprise is an institute of international criminal law, which was very often applied in the practice by both ICTY and other international ad hoc tribunals, the serious remarks to this institute do not abate. It's pointed out that this is an institute that "was created" to ensure the conviction of the defendants, which procedurally affects the prosecution, which is relieved of the burden of proving criminal responsibilities and the specific roles of each of the participants in the JCE. Besides that, at the time when this doctrine was formulated, it was not entirely clear whether it was a form of commission or a form of complicity. Only a couple of years later, in the Milutinović et al. case, the ICTY stands out that the liability based on the JCE doctrine, in fact, is a responsibility for the commission, which further compromised this doctrine. Questionless, the application of the Joint criminal enterprise doctrine in practice leads to serious violation of the fundamental principles of contemporary criminal law. With general review of the Joint criminal enterprise doctrine, in this piece of work, the author considers one case of conviction under the third (often referred to as "extended") form of JCE, in order to point out the key problems which this doctrine produces in practice.
{"title":"Joint criminal enterprise in the practice of international criminal tribunal for the former Yugoslavia","authors":"Irena Čučilović","doi":"10.5937/crimen2101081c","DOIUrl":"https://doi.org/10.5937/crimen2101081c","url":null,"abstract":"Joint criminal enterprise (JCE) is the institute first applied by the International criminal tribunal for the former Yugoslavia (ICTY) in the Tadić case, and thereafter further shaped through the practice of the ICTY despite the fact that JCE as a form of individual responsibility is not mentioned anywhere in the Statute of ICTY, neither implicitly nor explicitly. Although today there is no doubt that the Joint criminal enterprise is an institute of international criminal law, which was very often applied in the practice by both ICTY and other international ad hoc tribunals, the serious remarks to this institute do not abate. It's pointed out that this is an institute that \"was created\" to ensure the conviction of the defendants, which procedurally affects the prosecution, which is relieved of the burden of proving criminal responsibilities and the specific roles of each of the participants in the JCE. Besides that, at the time when this doctrine was formulated, it was not entirely clear whether it was a form of commission or a form of complicity. Only a couple of years later, in the Milutinović et al. case, the ICTY stands out that the liability based on the JCE doctrine, in fact, is a responsibility for the commission, which further compromised this doctrine. Questionless, the application of the Joint criminal enterprise doctrine in practice leads to serious violation of the fundamental principles of contemporary criminal law. With general review of the Joint criminal enterprise doctrine, in this piece of work, the author considers one case of conviction under the third (often referred to as \"extended\") form of JCE, in order to point out the key problems which this doctrine produces in practice.","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":"71209375","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 article, we analyse discourse on drug abuse in contemporary Serbia. The ruling official discourse on drugs can be subsumed under the definition of moral panic, in creation of which, as well in dissemination, the media play an important role. Media uses specific vocabulary to send message warning of an impending social catastrophe. This tactic is effective: recipients of media content become anxious and frightened by the downfall of the society that awaits them in the near future. So logically they are converting into supporters of official discourses on the topic. In the end, this process has the power to briefly connect a shredded tissue of social cohesion, but also to produce a lack of freedom of citizens. In order to investigate whether drug-related moral panics in our country can have such implications, in this paper we analyzed the official discourse embodied in anti-drug policies, and the public discourse offered by media. Findings suggest that policymakers are calling on war against drugs, and name prevention and criminalization as the most successful strategies to fight it. The recipients of media content are agreeing with them. Furthermore, there is no doubt that such o discourse encourages the spread of moral panic about drugs, as well as social cohesion. Although abstractly defined, the enemy - drug, has the power to unite. However, it also causes a lack of freedom. Because of the narrative of the impending catastrophe, the citizens feel powerless and therefore demand from the higher state authorities to act in the name of the social future.
{"title":"Analysis of (un)official discourses on drug use in Serbia","authors":"M. Ljubičić","doi":"10.5937/crimen2101003l","DOIUrl":"https://doi.org/10.5937/crimen2101003l","url":null,"abstract":"In the article, we analyse discourse on drug abuse in contemporary Serbia. The ruling official discourse on drugs can be subsumed under the definition of moral panic, in creation of which, as well in dissemination, the media play an important role. Media uses specific vocabulary to send message warning of an impending social catastrophe. This tactic is effective: recipients of media content become anxious and frightened by the downfall of the society that awaits them in the near future. So logically they are converting into supporters of official discourses on the topic. In the end, this process has the power to briefly connect a shredded tissue of social cohesion, but also to produce a lack of freedom of citizens. In order to investigate whether drug-related moral panics in our country can have such implications, in this paper we analyzed the official discourse embodied in anti-drug policies, and the public discourse offered by media. Findings suggest that policymakers are calling on war against drugs, and name prevention and criminalization as the most successful strategies to fight it. The recipients of media content are agreeing with them. Furthermore, there is no doubt that such o discourse encourages the spread of moral panic about drugs, as well as social cohesion. Although abstractly defined, the enemy - drug, has the power to unite. However, it also causes a lack of freedom. Because of the narrative of the impending catastrophe, the citizens feel powerless and therefore demand from the higher state authorities to act in the name of the social future.","PeriodicalId":33895,"journal":{"name":"Crimen Beograd","volume":"91 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71209822","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 police play a key role in the Hungarian criminal justice system. In addition to the legality supervision and effective professional management of the prosecution, the police have performed investigative tasks, which has procedural autonomy in initiating differentiated procedural methods in the reconnaissance and examination phase. The investigation consists of reconnaissance and investigation. In contrast, in the examination phase, they work under the direction of the prosecution. In addition to the general police, there are special police bodies in the country that do not have investigative powers but can take part in the preparatory process at the initial stage of the investigation, in particular by collecting data to establish the suspicion of a crime. Such bodies are the National Defense Service for Internal Corruption and Terrorism and the Counter-Terrorism Center. In our article, we provide an overview of the role of the police in a state organization. In accordance with that, we analyze the police's law enforcement role, outline the investigative activities of the Hungarian police and their tasks in criminal proceedings.
{"title":"Police in the Hungarian criminal proceedings","authors":"Dragana Čvorović, V. Vári","doi":"10.5937/crimen2101023c","DOIUrl":"https://doi.org/10.5937/crimen2101023c","url":null,"abstract":"The police play a key role in the Hungarian criminal justice system. In addition to the legality supervision and effective professional management of the prosecution, the police have performed investigative tasks, which has procedural autonomy in initiating differentiated procedural methods in the reconnaissance and examination phase. The investigation consists of reconnaissance and investigation. In contrast, in the examination phase, they work under the direction of the prosecution. In addition to the general police, there are special police bodies in the country that do not have investigative powers but can take part in the preparatory process at the initial stage of the investigation, in particular by collecting data to establish the suspicion of a crime. Such bodies are the National Defense Service for Internal Corruption and Terrorism and the Counter-Terrorism Center. In our article, we provide an overview of the role of the police in a state organization. In accordance with that, we analyze the police's law enforcement role, outline the investigative activities of the Hungarian police and their tasks in criminal proceedings.","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":"71209829","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 C-19 pandemic, as a 'mirror of truth', showed the true face of modern societies, characterized by a general race for profit, lack of empathy, discrimination against numerous social groups, and even manifestations of racism. In the first months, before the vaccines (never faster created) were put on the market, the public authorities of most countries opted for strict measures that included locking and fundamental changes in the lifestyle of the entire population. Considering that the functioning of many institutions has been disrupted, the penitentiary system has been facing new challenges as well. Overcrowded institutions with a large number of persons in a health risk, with poor hygienic conditions and insufficient number of employees in health services were already a suitable environment for the spread of infectious diseases. These conditions have been neglected for decades. Now that a dangerous, easily transmitted disease has become a danger not only to prisoners, but also to prison staff, their families, and public health in general. It has become clear that something urgent needs to be done. Maintaining physical distance was usually not possible due to overcrowding, and palliative measures of organizational (expansion of the semi-freedom system) and architectural character (rearrangement of the institution's space) did not yield results. After a lot of controversy and resistance, most countries decided to opt for decarceration - the early release of a large number of members of endangered categories of prisoners, including perpetrators of minor, non-violent crimes. However, it turned out that - without real preparation before release and without proper acceptance by probation services (especially in the case of socially vulnerable categories of persons, homeless and immigrants) - this measure did reduce the infection rate in penitentiaries, but further jeopardized public health. The pandemic has therefore showed that the penal system must undergo a fundamental transformation in which incarceration will be exceptional, an extreme measure to be replaced by a number of alternatives. Perhaps the citizens, after many traumatic experiences with several weeks of lockdown during which they were in fact deprived of their freedom of movement, will support more this change instead of the habit of succumbing to new waves of penal populism and retributivism.
{"title":"Pandemic COVID-19 and the penitentiary system - first experiences","authors":"Đorđe Ignjatović","doi":"10.5937/crimen2103233i","DOIUrl":"https://doi.org/10.5937/crimen2103233i","url":null,"abstract":"The C-19 pandemic, as a 'mirror of truth', showed the true face of modern societies, characterized by a general race for profit, lack of empathy, discrimination against numerous social groups, and even manifestations of racism. In the first months, before the vaccines (never faster created) were put on the market, the public authorities of most countries opted for strict measures that included locking and fundamental changes in the lifestyle of the entire population. Considering that the functioning of many institutions has been disrupted, the penitentiary system has been facing new challenges as well. Overcrowded institutions with a large number of persons in a health risk, with poor hygienic conditions and insufficient number of employees in health services were already a suitable environment for the spread of infectious diseases. These conditions have been neglected for decades. Now that a dangerous, easily transmitted disease has become a danger not only to prisoners, but also to prison staff, their families, and public health in general. It has become clear that something urgent needs to be done. Maintaining physical distance was usually not possible due to overcrowding, and palliative measures of organizational (expansion of the semi-freedom system) and architectural character (rearrangement of the institution's space) did not yield results. After a lot of controversy and resistance, most countries decided to opt for decarceration - the early release of a large number of members of endangered categories of prisoners, including perpetrators of minor, non-violent crimes. However, it turned out that - without real preparation before release and without proper acceptance by probation services (especially in the case of socially vulnerable categories of persons, homeless and immigrants) - this measure did reduce the infection rate in penitentiaries, but further jeopardized public health. The pandemic has therefore showed that the penal system must undergo a fundamental transformation in which incarceration will be exceptional, an extreme measure to be replaced by a number of alternatives. Perhaps the citizens, after many traumatic experiences with several weeks of lockdown during which they were in fact deprived of their freedom of movement, will support more this change instead of the habit of succumbing to new waves of penal populism and retributivism.","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":"71209530","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}
This paper examines c rime in Serbia in 2020 when the actual Covid-19 pandemic has started. The first part of the paper is dedicated to presentation of relevant literature which analyzed crime during the pandemic in different countries. Further, the author gives and in depth analyses the theoretical background, first and foremost theories of environmental criminology, that could explain changes of crime due to the different social circumstances. The second part of the paper deals with crime rate in Serbia in 2020 in comparison to previous years. Data used stem from two sources. Firstly, annual crime rate is calculated by using judicial statistics whereas monthly presentation of criminal charges is based on police statistics. This is due to the fact that judicial statistics in Serbia contain only annual crime data. Secondly, the author has used ARIMA program to make crime forecasts for the capital city of the Republic of Serbia and for this analysis police statistics have been used. Results show that the general crime rate in Serbia has dropped for 20% in comparison to 2019. Variations between state regions are observable and for example Vojvodina region records the decrease of 12.7% whereas Šumadija and Western Serbia the decrease of 25.4%. Also, crime rate was calculated for several criminal offences: homicide and aggravated homicide, rape, domestic violence, violent behaviour, theft, aggravated theft, robbery, abuse of power of the responsible person in the economy. Apart from homicide and aggravated homicide (the crime rate calculated together), all other criminal offences recorded a decline in 2020 in comparison to 2019 and this was especially evident for the abuse of power of the responsible person in the economy, aggravated theft and robbery. With respect to police statistics, we presented monthly data of criminal charges for three criminal offences (theft, aggravated theft, domestic violence) in 2020 for four cities: Belgrade, Novi Sad, Kragujevac and Niš. The data are presented in absolute numbers. When it comes to theft and aggravated theft, the lowest number of criminal charges in all cities was recorded in April, when the decision on the state of emergency was in force. Since the middle of the year and after the abolishment of the state of emergency, there has been a noticeable trend of increasing of criminal charges for theft and aggravated theft in all cities. Domestic violence hasn't followed such a trend. Only in Belgrade the lowest number of filed criminal charges was recorded in April, while in other cities this happened in the period September-October. Finally, the author uses ARIMA model to make comparison between expected and recorded criminal charges for homicide and aggravated homicide, rape, domestic violence, violent behaviour, theft, aggravated theft, robbery, abuse of power of the responsible person in the economy in the city of Belgrade. We used police data for the period January 2015-February 2020 as a base for crime f
{"title":"COVID-19 pandemic and crime in Serbia in 2020","authors":"Natalija Lukić","doi":"10.5937/crimen2103277l","DOIUrl":"https://doi.org/10.5937/crimen2103277l","url":null,"abstract":"This paper examines c rime in Serbia in 2020 when the actual Covid-19 pandemic has started. The first part of the paper is dedicated to presentation of relevant literature which analyzed crime during the pandemic in different countries. Further, the author gives and in depth analyses the theoretical background, first and foremost theories of environmental criminology, that could explain changes of crime due to the different social circumstances. The second part of the paper deals with crime rate in Serbia in 2020 in comparison to previous years. Data used stem from two sources. Firstly, annual crime rate is calculated by using judicial statistics whereas monthly presentation of criminal charges is based on police statistics. This is due to the fact that judicial statistics in Serbia contain only annual crime data. Secondly, the author has used ARIMA program to make crime forecasts for the capital city of the Republic of Serbia and for this analysis police statistics have been used. Results show that the general crime rate in Serbia has dropped for 20% in comparison to 2019. Variations between state regions are observable and for example Vojvodina region records the decrease of 12.7% whereas Šumadija and Western Serbia the decrease of 25.4%. Also, crime rate was calculated for several criminal offences: homicide and aggravated homicide, rape, domestic violence, violent behaviour, theft, aggravated theft, robbery, abuse of power of the responsible person in the economy. Apart from homicide and aggravated homicide (the crime rate calculated together), all other criminal offences recorded a decline in 2020 in comparison to 2019 and this was especially evident for the abuse of power of the responsible person in the economy, aggravated theft and robbery. With respect to police statistics, we presented monthly data of criminal charges for three criminal offences (theft, aggravated theft, domestic violence) in 2020 for four cities: Belgrade, Novi Sad, Kragujevac and Niš. The data are presented in absolute numbers. When it comes to theft and aggravated theft, the lowest number of criminal charges in all cities was recorded in April, when the decision on the state of emergency was in force. Since the middle of the year and after the abolishment of the state of emergency, there has been a noticeable trend of increasing of criminal charges for theft and aggravated theft in all cities. Domestic violence hasn't followed such a trend. Only in Belgrade the lowest number of filed criminal charges was recorded in April, while in other cities this happened in the period September-October. Finally, the author uses ARIMA model to make comparison between expected and recorded criminal charges for homicide and aggravated homicide, rape, domestic violence, violent behaviour, theft, aggravated theft, robbery, abuse of power of the responsible person in the economy in the city of Belgrade. We used police data for the period January 2015-February 2020 as a base for crime f","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":"71209589","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}
Increasingly dangerous, and internationally distributed, (organized) crime has caused the need for states to find adequate means to put an end to all this. Of course, today, as many years before, we can hear that criminals are "one step ahead of the state." That, when we look at the situation around us, is unfortunately not far from the truth. However, faced with this problem, states at the normative level, in order to anticipate criminal behavior, as well as, if the crime has already been committed, to reliably identify the perpetrators, stipulate (besides general evidentiary actions) special evidentiary actions/techniques in national legislation. That is quite legitimate. However, when the state prescribes certain rules, or conditions under which certain (evidentiary) actions must be taken, then it is more than unusual that state does not respect what it has prescribed. In the following lines, we were dealing with special evidentiary actions, predominantly the general characteristics of the same and in connection with them the practice of the ECtHR. All this with the aim of trying to present (from our point of view) a plausible practice, with the hope that we will break with the previous one, which in our opinion is not good.
{"title":"The right to a reasoned order on determination of special evidentiary actions and (critical) review of the practice of the European court of human rights","authors":"Krsto Pejović, Nina Paović","doi":"10.5937/crimen2102198p","DOIUrl":"https://doi.org/10.5937/crimen2102198p","url":null,"abstract":"Increasingly dangerous, and internationally distributed, (organized) crime has caused the need for states to find adequate means to put an end to all this. Of course, today, as many years before, we can hear that criminals are \"one step ahead of the state.\" That, when we look at the situation around us, is unfortunately not far from the truth. However, faced with this problem, states at the normative level, in order to anticipate criminal behavior, as well as, if the crime has already been committed, to reliably identify the perpetrators, stipulate (besides general evidentiary actions) special evidentiary actions/techniques in national legislation. That is quite legitimate. However, when the state prescribes certain rules, or conditions under which certain (evidentiary) actions must be taken, then it is more than unusual that state does not respect what it has prescribed. In the following lines, we were dealing with special evidentiary actions, predominantly the general characteristics of the same and in connection with them the practice of the ECtHR. All this with the aim of trying to present (from our point of view) a plausible practice, with the hope that we will break with the previous one, which in our opinion is not good.","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":"71209523","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 topic of the paper is the presumption of innocence in EU law and the case law of the Court of Justice EU. The paper begins by outlining legal regulation of the presumption of innocence in the Charter of fundamental rights of the EU and the Directive on certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings. The second part of the paper analyzes the case law of the Court of Justice EU in the application of the Directive with special reference to the presumption of innocence standards of the European Court of Human Rights. The paper points out the minimalistic orientation of the CJEU regarding the presumption of innocence, which in some elements lowers the standards of protection offered by ECtHR. Low standards threaten to produce a domino effect on the criminal courts in EU member states, which could create a risk to the presumption of innocence as a guarantee of the legitimacy of criminal proceedings.
{"title":"The presumption of innocence in EU law: One step forward, two steps backwards","authors":"Svetlana Nenadić","doi":"10.5937/crimen2101038n","DOIUrl":"https://doi.org/10.5937/crimen2101038n","url":null,"abstract":"The topic of the paper is the presumption of innocence in EU law and the case law of the Court of Justice EU. The paper begins by outlining legal regulation of the presumption of innocence in the Charter of fundamental rights of the EU and the Directive on certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings. The second part of the paper analyzes the case law of the Court of Justice EU in the application of the Directive with special reference to the presumption of innocence standards of the European Court of Human Rights. The paper points out the minimalistic orientation of the CJEU regarding the presumption of innocence, which in some elements lowers the standards of protection offered by ECtHR. Low standards threaten to produce a domino effect on the criminal courts in EU member states, which could create a risk to the presumption of innocence as a guarantee of the legitimacy of criminal proceedings.","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":"71209701","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 subject of this paper is the analysis of court proceedings conducted in connection with the criminal offense of violation of a grave (Article 354 CC) which were held before the courts on the territory of Autonomous Province of Vojvodina. The analysis covers all finalized court cases of the aforementioned courts for the period from 01.01.2010. (i.e. from the introduction of the current organization of courts in the Republic of Serbia) to 01.07.2018. The research is primarily focused on the statistical presentation and analysis of data obtained from court decisions (which the author independently obtained from courts in original, raw form), as well as the identification of relevant criminal (material and procedural) and criminological characteristics. On the basis of the totality of the results, different regularities were noticed, with regard to the spatial and temporal distribution of the court proceedings, the types of court decisions, the type and amount of criminal sanctions imposed, as well as with regard to the characteristics of the perpetrators of the criminal offense in question. As a unifying conclusion, it can be stated that the crime of violation of a grave is relatively less represented in the practice of courts in the territory of AP Vojvodina, and that its spatial and temporal distribution is uneven (due to the absence of more specific regularities considering criminal expression). The penal policy regarding the crime in question can be characterized as in principle harmonized with the one at the level of the entire state regarding the same criminal offense. On the other hand, it is noticeable that the mentioned penal policy is somewhat stricter in relation to the general penal policy of the courts in the Republic of Serbia. However, this factual situation is potentially somewhat relativized by the specific features of the analyzed court proceedings (above all, the high percentage of recidivism and the frequent presence of other aggravating circumstances), as well as by the fact that all prison sentences were imposed only in the lower third of the envisaged range of the sentence (from one month to one year, although this criminal offense is punishable by up to three years in prison). Regarding the characteristics of the prosecuted perpetrators, it is noticeable that the convicts for the crime of violation of a grave were mainly nationals, and dominated by: adults over juvenile offenders; male over female; general recidivists over special recidivists; persons without education, with primary and secondary education over (non-existent) highly educated offenders; unemployed persons and persons without permanent employment over permanent employees. Considering possible strategies for prevention, it was concluded that important criminogenic factors are the low level of education of most perpetrators and their unfavorable socio-economic status, which gives grounds for assuming that timely educational work and providing conditions for i
{"title":"Criminal offense \"violation of a grave\" in the judicial practice of Autonomous Province of Vojvodina","authors":"A. Matković","doi":"10.5937/crimen2101065m","DOIUrl":"https://doi.org/10.5937/crimen2101065m","url":null,"abstract":"The subject of this paper is the analysis of court proceedings conducted in connection with the criminal offense of violation of a grave (Article 354 CC) which were held before the courts on the territory of Autonomous Province of Vojvodina. The analysis covers all finalized court cases of the aforementioned courts for the period from 01.01.2010. (i.e. from the introduction of the current organization of courts in the Republic of Serbia) to 01.07.2018. The research is primarily focused on the statistical presentation and analysis of data obtained from court decisions (which the author independently obtained from courts in original, raw form), as well as the identification of relevant criminal (material and procedural) and criminological characteristics. On the basis of the totality of the results, different regularities were noticed, with regard to the spatial and temporal distribution of the court proceedings, the types of court decisions, the type and amount of criminal sanctions imposed, as well as with regard to the characteristics of the perpetrators of the criminal offense in question. As a unifying conclusion, it can be stated that the crime of violation of a grave is relatively less represented in the practice of courts in the territory of AP Vojvodina, and that its spatial and temporal distribution is uneven (due to the absence of more specific regularities considering criminal expression). The penal policy regarding the crime in question can be characterized as in principle harmonized with the one at the level of the entire state regarding the same criminal offense. On the other hand, it is noticeable that the mentioned penal policy is somewhat stricter in relation to the general penal policy of the courts in the Republic of Serbia. However, this factual situation is potentially somewhat relativized by the specific features of the analyzed court proceedings (above all, the high percentage of recidivism and the frequent presence of other aggravating circumstances), as well as by the fact that all prison sentences were imposed only in the lower third of the envisaged range of the sentence (from one month to one year, although this criminal offense is punishable by up to three years in prison). Regarding the characteristics of the prosecuted perpetrators, it is noticeable that the convicts for the crime of violation of a grave were mainly nationals, and dominated by: adults over juvenile offenders; male over female; general recidivists over special recidivists; persons without education, with primary and secondary education over (non-existent) highly educated offenders; unemployed persons and persons without permanent employment over permanent employees. Considering possible strategies for prevention, it was concluded that important criminogenic factors are the low level of education of most perpetrators and their unfavorable socio-economic status, which gives grounds for assuming that timely educational work and providing conditions for i","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":"71209756","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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