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Self-Reported Delinquency in Rural Areas of Bosnia and Herzegovina 波斯尼亚和黑塞哥维那农村地区自我报告的犯罪情况
Pub Date : 2024-07-18 DOI: 10.51235/kt.2024.24.1-2.1
Muhamed Budimlić, Elmedin Muratbegović, H. Halilović
The issue of security in rural areas of Bosnia and Herzegovina is rarely in the focus of crimi- nological research, which puts the issue of social control of crime in its many populated areas into the background. Using the data collected within the framework of the International Self- Reported Delinquency Study 3, this paper seeks to shed light on the characteristics of self- reported juvenile delinquency in rural areas of Bosnia and Herzegovina. Phenomenological characteristics of delinquent behaviour among primary school students will be singled out from the statistical data collected through mentioned research. In relation to the defined subject of this paper, particular emphasis will be placed on checking the variables generated on the basis of the thesis of the social bond and social control theory, which should show us the extent to which the more traditional and significantly more cohesive environment plays a role in preventing delinquency in the youngest members of the community. This paper outlines the basic indicators of the phenomenology of this phenomenon, in par- ticular the indicators of behaviour with elements of violence, property delinquency, group de- linquency and manifestations of prohibited behaviour relating to information communication technologies and alcohol and drug abuse. Based on the results of the conducted analyses, this paper aims to enrich the data base with data on this phenomenon, which could improve the guidelines and recommendations for in- stitutions responsible for the development and implementation of prevention programmes aimed at counteracting the delinquent behaviour of elementary school students in Bosnia and Herzegovina.
波斯尼亚和黑塞哥维那农村地区的安全问题很少成为犯罪学研究的重点,这使得许多人口稠密地区的犯罪社会控制问题成为背景。本文利用在 "国际青少年犯罪自报研究 3 "框架内收集的数据,试图揭示波斯尼亚和黑塞哥维那农村地区青少年犯罪自报的特点。本文将从上述研究收集的统计数据中挑选出小学生犯罪行为的现象特征。关于本文确定的主题,将特别强调检查在社会纽带和社会控制理论的基础上产生的变量,这些变量应向我们表明,更传统和更有凝聚力的环境在多大程度上对预防社区最年轻成员的犯罪起到了作用。本文概述了这一现象的基本指标,特别是带有暴力元素的行为指标、财产犯罪、群体犯罪以及与信息通信技术、酗酒和吸毒有关的违禁行为表现。根据分析结果,本文旨在用有关这一现象的数据充实数据库,从而改进负责制定和实施旨在打击波斯尼亚和黑塞哥维那小学生犯罪行为的预防计划的机构的指导方针和建议。
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引用次数: 0
Use of Firearms in Private Protection Services 私人保护服务中枪支的使用
Pub Date : 2024-07-18 DOI: 10.51235/kt.2024.24.1-2.33
Ante Perčin, Ivan Nađ
Overall private protection activities for the protection of persons and property are in the major- ity of cases treated in the context of preventive protection activities, although the direct execu- tors of private protection tasks are given some repressive powers, primarily in the case of the need to protect one's own life and/or the person who is the object of protection when perform- ing the aforementioned tasks. However, the use of the aforementioned security powers from the category of means of coercion, starting with the use of physical force (sprayers of permitted non-harmful substances, binding agents), through a security dog, and up to the use of firearms in practice often results in a series of accompanying problems in cases where the application of the said powers by the security guard really did come. In this context, of course, the largest part of the mentioned problem falls on the use of firearms as the most powerful repressive means that the security guard has at his disposal when repelling a simultaneous and illegal attack on his own integrity or the person who is the object of protection. Following the aforementioned, as well as the general interpretation according to which the powers of private security guards essentially derive from the so-called of "civil powers" (necessary defense, emergency and civil arrest) which in principle every citizen has, in the following paper, the normative regulation re- lated to the use of firearms by security guards in the Republic of Croatia, Bosnia and Herzegovi- na, the Republic of Slovenia and the Republic of Serbia is analyzed , and at the same time give an answer to the research question, whether the aforementioned legal solutions that regulate the work of security guards give the direct executors of private protection the appropriate authority to perform private protection work and/or ultimately to a certain extent restrain and stigmatize them in relation to the broadest civil powers when defending against an attack. In this context, the latest case in the Ritz night club in Zagreb (from April 22, 2023) was also analyzed, in which the actions of the security guards and repelling the attack with the use of firearms were (at this time) characterized as the criminal offense of murder, not the use of firearms. weapons when performing private protection duties with fatal consequences.
虽然私人保护任务的直接执行者被赋予了一些压制性权力,主要是在执行上述任务时需要保护自己的生命和/或被保护对象的情况下,但在大多数情况下,保护人身和财产的私人保护活动都是在预防性保护活动的背景下进行的。然而,在实践中,从使用武力(允许使用的非有害物质喷洒器、束缚剂)到使用警犬,直至使用枪支等强制手段类别中的上述保安权力的使用,往往会在保安人员确实使用了上述权力的情况下导致一系列的附带问题。当然,在这种情况下,上述问题的最大部分就落在了枪支的使用上,因为枪支是保安 人员在击退同时对其本人或被保护对象的非法攻击时可以使用的最有力的镇压手段。根据上述规定以及一般解释(私人保安的权力主要来自所谓的 "民事权力"(必要的防卫、紧急情况和民事逮捕),原则上每个公民都拥有这些权力),本文将在下文中介绍克罗地亚共和国、波斯尼亚和黑塞哥维那、斯洛文尼亚共和国和克罗地亚共和国关于保安使用火器的规范性条例、本文分析了克罗地亚共和国、波斯尼亚和黑塞哥维那、斯洛文尼亚共和国和塞尔维亚共和国有关保安使用枪支的规范性法规,同时回答了一个研究问题,即上述规范保安工作的法律解决方案是否赋予私人保护的直接执行者适当的权力来执行私人保护工作,以及/或者最终在一定程度上限制和丑化了他们在抵御攻击时最广泛的民事权力。在此背景下,还分析了萨格勒布里兹夜总会的最新案件(2023 年 4 月 22 日),在该案中,保安的行为和使用枪支击退攻击的行为(此时)被定性为谋杀刑事犯罪,而不是在执行私人保护任务时使用枪支。
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引用次数: 0
Money Laundering and Terrorism Financing in Bosnia and Herzegovina: A Review of the Legislative Framework and Current Situation 波斯尼亚和黑塞哥维那的洗钱和资助恐怖主义问题:立法框架和现状审查
Pub Date : 2024-07-18 DOI: 10.51235/kt.2024.24.1-2.63
Admir Katica
According to the latest report from the Global Initiative on illicit financial flows, it is estimated that money laundering in Bosnia and Herzegovina ranges from 400 million to one billion euros. While the components of illicit financial flows are influenced by various factors, the primary focus is on money laundering through the financial system. Widespread corruption, as empha- sized in international reports, calls for a more decisive response to both corruption and organ- ized crime, especially in the context of money laundering. Criminal laws at the state, entity, and Brčko District levels define the offense of money laundering. The Law on the Prevention of Money Laundering and Financing of Terrorism in Bosnia and Herzegovina clearly stipulates actions for preventing and detecting money laundering, identifying obligated entities and their duties, the competencies of the Financial Intelligence Department (FID), and inter-institutional cooperation, all aimed at preventing money laundering and financing terrorist activities. Ac- cording to various assessments and expert opinions, amendments to this law are necessary for Bosnia and Herzegovina to be more effective in addressing this issue. Risk assessments of mon- ey laundering and the threat of organized crime in Bosnia and Herzegovina identify methods of money laundering and practical deficiencies that need to be identified. The State Investigation and Protection Agency published statistical data and typologies of money laundering for the year 2021, identifying ways in which money obtained through criminal activities is attempted to be legally introduced into the financial system, as well as legalized through the purchase of real estate, luxury vehicles, and the use of cryptocurrencies.
根据非法资金流动全球倡议的最新报告,估计波斯尼亚和黑塞哥维那的洗钱活动从 4 亿欧元到 10 亿欧元不等。虽然非法资金流动的组成部分受到各种因素的影响,但主要重点是通过金融系统洗钱。正如国际报告所强调的,腐败现象普遍存在,这就要求对腐败和有组织犯罪,尤其是洗钱方面的腐败和有组织犯罪采取更果断的应对措施。国家、实体和布尔奇科地区各级刑法都对洗钱罪做出了规定。波斯尼亚和黑塞哥维那防止洗钱和资助恐怖主义法》明确规定了防止和侦查洗钱的行动,确定了有义务的实体及其职责、金融情报部(FID)的权限以及机构间合作,所有这些都旨在防止洗钱和资助恐怖主义活动。根据各种评估和专家意见,有必要对该法进行修订,以便波斯尼亚和黑塞哥维那更有效地解决这一问题。波斯尼亚和黑塞哥维那对洗钱和有组织犯罪威胁的风险评估确定了洗钱方法和需要查明的实际缺陷。国家调查和保护局公布了 2021 年的统计数据和洗钱类型,确定了试图将通过犯罪活动获得的资金合法引入金融系统的方式,以及通过购买房地产、豪华车辆和使用加密货币使其合法化的方式。
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引用次数: 0
Criminal Behavior of Young People: Preliminary Results of the Fourth International Self-Reported Delinquency Study (ISRD4) in Bosnia and Herzegovina 年轻人的犯罪行为:波斯尼亚和黑塞哥维那第四次国际犯罪自述研究(ISRD4)的初步结果
Pub Date : 2024-07-18 DOI: 10.51235/kt.2024.24.1-2.21
Muhamed Budimlić, Sandra Kobajica Mišanović
The International Self-Reported Delinquency Study – ISRD is comparative research conducted internationally on delinquency and victimization of children and youth. The study was launched in 1992, and repeated in three more sweeps, including the most recent one done in more than 50 participating countries between 2020 and 2022. The study is conducted through surveying children ages 13 to 17 (sample from schools). In Bosnia and Herzegovina, the study was conducted in the second (ISRD2: 2006) and the third sweep (ISRD3: 2016) where the national representative sample was used. In the final, fourth cycle (ISRD4), the research was done in two cities in Bosnia and Herzegovina, Sarajevo and Bihać, in which the data was gathered between April and December of 2022 in selected schools. Both selected cities were included in earlier research, through representative national sample only. The data was mostly gathered via an online questionnaire, however due to tech- nical constraints in a small number of schools a pencil-and-paper method was used instead. This reference study on delinquency and victimization of children and youth has two main objectives. The first objective is focusing on comparing differences, similarities, and trends in delinquencies and victimization between participating countries. The second objective is to explore and test theoretical queries linked with juvenile delinquency and victimization, while keeping the focus on the possibilities of using the study results for creation and realization of policies in this field.
国际犯罪自述研究(ISRD)是一项针对儿童和青少年犯罪和受害情况的国际比较研究。该研究于 1992 年启动,之后又进行了三次调查,包括 2020 年至 2022 年期间在 50 多个参与国进行的最新一次调查。研究是通过调查 13 至 17 岁的儿童(从学校抽样)进行的。在波斯尼亚和黑塞哥维那,该研究在第二轮(ISRD2:2006 年)和第三轮(ISRD3:2016 年)中进行,使用的是国家代表样本。在最后的第四个周期(ISRD4)中,研究在波斯尼亚和黑塞哥维那的萨拉热窝和比哈奇这两个城市进行,数据是在 2022 年 4 月至 12 月期间在选定的学校收集的。这两个选定的城市均已纳入早期研究,仅通过具有代表性的国家样本进行。大部分数据通过在线问卷收集,但由于少数学校的技术限制,数据收集采用了纸笔方法。这项关于儿童和青少年犯罪和受害情况的参考研究有两个主要目标。第一个目标是重点比较参与国之间犯罪和受害情况的异同和趋势。第二个目标是探索和检验与青少年犯罪和受害有关的理论问题,同时关注利用研究结果制定和实施该领域政策的可能性。
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引用次数: 0
Crime Scene Investigation and Reconstruction – Criminal Procedure and Criminalistics Aspects in North Macedonia 犯罪现场调查与重建--北马其顿的刑事诉讼程序和犯罪学问题
Pub Date : 2024-07-18 DOI: 10.51235/kt.2024.24.1-2.79
Vesna Trajanovska, Natasha Peovska
With the beginning of the criminal procedure, in its first part of the preliminary procedure stage (pre-investigative and investigative), legally relevant facts are determined through evidentiary means, by which we mean sources from which the evidence bases are obtained. The crime scene investigation and reconstruction are integral parts of the evidentiary actions system that are applied within the frame- work of criminal and criminal proceedings with the aim of efficient and effective research, elucidation, and proof of the criminal event. The crime scene investigation is a systematic action by which, by the provisions of the law, objects, traces, and other circumstances important for clarifying the criminal legal event are taken, expertly processed, and in the crime scene investigation documentation registered, and fixed. Crime scene reconstruction is determining or eliminating the events and actions that occurred at the crime scene through analysis of the crime scene pattern, the location and position of the physical evidence, and the laboratory examination of the physical evidence. Reconstruction involves the systematic study of related infor- mation and the logical formulation of a theory.
随着刑事诉讼程序的开始,在其初步程序阶段的第一部分(预调查和调查),通过证据手段确定法律上相关的事实,我们指的是从证据基础中获得的来源。犯罪现场勘查和重建是证据行动系统的组成部分,适用于刑事和刑事诉讼框架内的工作,目的是高效和有效地研究、阐明和证明犯罪事件。犯罪现场勘查是根据法律规定,提取、专业处理并在犯罪现场勘查文件中登记和固定对澄清刑事法律事件具有重要意义的物品、痕迹和其他情况的系统行动。犯罪现场重建是通过对犯罪现场形态、物证位置和位置的分析,以及对物证的实验室检验,确定或消除在犯罪现场发生的事件和行为。重建涉及对相关信息的系统研究和逻辑理论的形成。
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引用次数: 0
Help and Support to Victims of Terrorism – International Standards 帮助和支持恐怖主义受害者--国际标准
Pub Date : 2024-07-18 DOI: 10.51235/kt.2024.24.1-2.49
Lejla Čopelj
According to available data from security agencies around the world, terrorism represents a leading security challenge as one of the most complex, challenging and dangerous political and security phenomena. Terrorist organizations or groups direct their destructive activities to civilian targets in order to cause losses, cause fear and insecurity among the population and to send messages to governments about the importance of fulfilling their radical goals. Due to the large-scale terrorist attacks around the world since the beginning of the 21st century, the fight against terrorism arouses the increasing awareness of the professional public, and in this regard, help and support for victims of terrorism are taking more and more place and attention both in international instruments and in the domestic legislation of states. In theory, there are many definitions of terrorism, but not a single and harmonized one. By looking at the large number of definitions created by international organizations and the aca- demic community, we can conclude that all definitions have at least three main characteristics in common: the intention to cause death or serious bodily injury and damage to property, the targets are often randomly selected persons, especially civilians, with the purpose of in- timidate the population or compel a government or international organization to do or refrain from doing an act. Just as it is difficult to reach a consensus on the definition of terrorism, it also seems prob- lematic to define the term ‘victim’ in the context of terrorist attacks. There are three main questions and areas for analysis and study in the field of assistance and support to victims of terrorism: specific needs of victims of terrorism, differences in the effect of different forms of terrorism on victims, and the question of whether the specificity of the attack merits different approaches to the victim.
根据世界各地安全机构提供的数据,恐怖主义作为最复杂、最具挑战性和最危险的政 治和安全现象之一,是一个主要的安全挑战。恐怖组织或团体将其破坏活动指向平民目标,以造成损失,引起民众的恐惧和不安全感,并向政府传递信息,说明实现其激进目标的重要性。由于 21 世纪初以来世界各地发生的大规模恐怖袭击,反恐斗争日益引起专业公众的关 注,因此,在国际文书和各国国内立法中,对恐怖主义受害者的帮助和支持越来越受到重视。从理论上讲,恐怖主义有许多定义,但没有一个统一的定义。通过观察国际组织和学术界制定的大量定义,我们可以得出结论,所有定义至少有三个主要共同特征:意图造成死亡或严重身体伤害和财产损失,目标通常是随机选择的人员,特别是平民,目的是恐吓民众或迫使政府或国际组织采取或不采取某种行动。正如对恐怖主义的定义难以达成共识一样,在恐怖袭击中如何定义 "受害者 "一词似乎也是个难题。在援助和支持恐怖主义受害者方面,有三个主要问题和领域需要分析和研究:恐怖主义受害者的具体需求、不同形式的恐怖主义对受害者影响的差异,以及袭击的特殊性是否需要对受害者采取不同的方法。
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引用次数: 0
Prosecution of Environmental Crime in the Federation of Bosnia and Herzegovina for the Period 2018–2020 2018-2020 年期间波斯尼亚和黑塞哥维那联邦环境犯罪起诉情况
Pub Date : 2023-12-26 DOI: 10.51235/kt.2023.23.3-4.81
Nermin Kadribašić
The paper analyzes issues related to the criminal prosecution of perpetrators of crimes against the environment, especially from the aspect of criminal legislation and the practice itself in the prosecution of these crimes against the environment in the Federation of Bosnia and Herzegovina. Bearing in mind that in criminal offenses against the environment, as a rule, there is no immediate victim, and that this type of criminality can remain unnoticed for a long period of time before any possible damage becomes visible, in this paper, the review of official statistical data offers an overview related to the processing of these of criminal offenses in the Federation of Bosnia and Herzegovina for the selected three-year period from 2018 to 2020. Although the majority of criminal legislation in the countries of the former Yugoslavia, including Bosnia and Herzegovina, sets a high level of environmental protection, the analysis of official statistical data cannot conclude that the detection and prosecution of this type of criminal offense has a sufficient prioritization in Radujoš. both with administrative bodies and with criminal prosecution bodies, regardless of the developed capacities about the dangers and serious consequences of this type of criminality. In this regard, in addition to the practice of prosecuting criminal offenses against the environment in the Federation of Bosnia and Herzegovina, the paper also offers a set of recommendations for decision makers on systemic steps for adequate environmental protection.
本文分析了与对破坏环境罪的犯罪者进行刑事起诉有关的问题,特别是从波斯尼亚和黑塞哥维那联邦的刑事立法和起诉这些破坏环境罪的实践本身方面进行了分析。考虑到在危害环境的刑事犯罪中,通常没有直接的受害者,而且在任何可能的损害变得明显之前,这类犯罪行为可能会在很长一段时间内不被注意,本文通过对官方统计数据的审查,概述了波斯尼亚和黑塞哥维那联邦在选定的 2018 年至 2020 年三年期间对这些刑事犯罪的处理情况。尽管包括波斯尼亚和黑塞哥维那在内的前南斯拉夫各国的大多数刑事立法都规定了高水平的环境保护,但官方统计数据的分析不能得出结论认为,在拉杜约什,无论行政机构还是刑事起诉机构,对这类刑事犯罪的侦查和起诉都有足够的优先权,无论对这类犯罪的危险和严重后果的认识能力如何。在这方面,除了波斯尼亚和黑塞哥维那联邦起诉破坏环境刑事犯罪的做法外,本文件还为决策者提供了一套关于适当环境保护的系统性步骤的建议。
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引用次数: 0
Training and Equipment for Bosnia and Herzegovina’s Protection and Rescue System in Situations Involving CBRN Materials 波斯尼亚和黑塞哥维那在涉及化学、生物、辐射或核材料情况下的保护和救援系统的培训和设备
Pub Date : 2023-12-26 DOI: 10.51235/kt.2023.23.3-4.31
Kenan Hodžić, Ognjen Jevđenić
Radiation and nuclear security and safety represent regulated and controlled area. First of all, because of the common importance for humanity. Bosnia and Herzegovina has an established legal, i.e. institutional framework, but due to the decentralized complex system, it is unclear whether CBRN teams have been formed, what tasks and roles they perform and whether the procedure is uniform. In this research, the main focus is on the analysis of the complexity of the system, and the role of the State Regulatory Agency for Radiation and Nuclear Safety as a central authority and the Federal Administration of Civil Protection as a lower entity body in training and equipping teams for incident situations related to CBRN materials. The research is of empirical character and qualitative design. With this research we will show the level of equipment of the institutions of Bosnia and Herzegovina including measures and activities that are undertaken to prevent events and incidents in the broadest view, which will indicate recommendations for improving the preparedness and performance of institutions in preventing extraordinary events and incident situations.
辐射与核安保和安全是受监管和控制的领域。首先,因为这对人类具有共同的重要性。波斯尼亚和黑塞哥维那有一个既定的法律框架,即体制框架,但由于分散的复杂系统,目前尚不清楚是否成立了化学、生物、辐射、核和爆炸小组,这些小组执行什么任务,发挥什么作用,程序是否统一。本研究的主要重点是分析系统的复杂性,以及国家辐射与核安全监管局作为中央机构和联邦民防局作为下级实体机构在培训和装备化生放核材料相关事故情况小组方面的作用。本研究具有实证性和定性设计。通过这项研究,我们将展示波斯尼亚和黑塞哥维那各机构的装备水平,包括为从最广泛的角度预防事件和事故而采取的措施和开展的活动,这将为改善各机构在预防非常事件和事故情况方面的准备和绩效提出建议。
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引用次数: 0
Kaznena djela primanja i davanja mita u pravu Republike Hrvatske 克罗地亚共和国法律中的造谣和诽谤罪
Pub Date : 2023-12-26 DOI: 10.51235/kt.2023.23.3-4.47
Damir Juras, D. Gracin, Hrvoje Filipović
No translation available.
无翻译。
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引用次数: 0
Irregular Migrations in Bosnia and Herzegovina: Detention, Readmission and Return 波斯尼亚和黑塞哥维那的非正常移民:拘留、重新接纳和遣返
Pub Date : 2023-12-26 DOI: 10.51235/kt.2023.23.3-4.1
Mirsad Buzar
Since early 2018, Bosnia and Herzegovina has been facing an increased influx of migrants who enter the country illegally, call for international protection, but do not want to stay in Bosnia and Herzegovina because the highly developed countries of the European Union are their final destination. Irregular migrations faced by the member states of the European Union as well as the countries of the Western Balkans had many political, social, cultural and security implications. The European Union, determined to stop irregular migration, adopted a series of strategic documents, including the Action Plan for the Western Balkans, where one of the key elements of that plan is the return of irregular migrants to their countries of origin. However, the question arises to what extent Bosnia and Herzegovina has built its strategic, legal and institutional framework that would enable the efficient removal of irregular migrants from its territory. The aim of this paper is to review the approach to the detention of irregular migrants and its importance in these processes, as well as the importance of the readmission and return of irregular migrants in the comprehensive migration management process. The paper will analyse the data on the measures taken against irregular migrants in Bosnia and Herzegovina presented through the decisions on expulsion and detention, make a presentation of concluded agreements on readmission with other countries, and analyse data on the activities undertaken on the implementation of agreements on the readmission and removal of irregular migrants from the territory of Bosnia and Herzegovina.
自 2018 年初以来,波斯尼亚和黑塞哥维那一直面临着越来越多的移民涌入,他们非法进入该国,要求国际保护,但不想留在波斯尼亚和黑塞哥维那,因为高度发达的欧洲联盟国家是他们的最终目的地。欧盟成员国和西巴尔干国家面临的非正常移民问题具有许多政治、社会、文化和安全方面的影响。欧洲联盟决心阻止非正常移民,通过了一系列战略文件,包括《西巴尔干行动计划》,其中一个关键要素就是让非正常移民返回原籍国。然而,问题是波斯尼亚和黑塞哥维那在多大程度上建立了战略、法律和体制框架,从而能够有效地将非正常移民驱逐出境。本文的目的是审查拘留非正常移民的方法及其在这些过程中的重要性,以及重新接纳和遣返非正常移民在全面移民管理过程中的重要性。本文将分析波斯尼亚和黑塞哥维那通过驱逐和拘留决定对非正常移徙者采取的措施的数据,介绍与其他国家缔结的重新接纳协议,并分析为执行重新接纳和将非正常移徙者驱逐出波斯尼亚和黑塞哥维那领土的协议而开展的活动的数据。
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引用次数: 0
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Kriminalističke teme
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