首页 > 最新文献

Kriminologijos studijos最新文献

英文 中文
Manipulation of sports competitions in the Lithuanian football: empirical research 立陶宛足球运动中的体育竞赛操纵:实证研究
Pub Date : 2024-06-14 DOI: 10.15388/crimlithuan.2023.11.4
Salomėja Zaksaitė
This article deals with the topic of manipulation of sports competitions. It discusses the results of a unique empirical research, which gathered data from experts with a wealth of first-hand knowledge. Due to the specificity of such a study, the vast majority of the data is anonymised and/or pseudonymised. Nevertheless, the research is as natural as possible, especially due to the the sensitivity of the topic and jargon. The study revealed that manipulation is a serious problem in Lithuanian football, although the peak of this phenomenon is probably in the past. The research revealed intriguing connections that show that manipulation is far from being only a sports issue. It is a phenomenon closely linked to other scourges of the sporting community and society as a whole: the disregard for good governance, the lack of transparency and publicity, and the role of organised crime in the world of sport. Although the study did not specifically test criminological theories, the findings gathered from the research confirmed the insights of the strain and differential association theories. One of the ways in which manipulation is carried out clearly corresponds to the pattern drawn in the context of the two theories: starting with simple betting, players become addicted and indebted, and consequently feel constant tension, and only later, through a gradual interaction, does one start to talk about the manipulation of sporting competitions. It is also important to note that the betting market is precisely the environment where players can satisfy their need for competitiveness and release excessive adrenaline. Perhaps for this reason, football players who play in lower leagues or whose careers are ending – that is, who are no longer able to succeed and let off steam on the field – are frequently caught by the betting hook. This creates an addiction to betting, potentially leading to committing fraud. From a legal perspective, the problem of manipulation of sports competitions can be explained by the difficulties in the application of the Criminal Code of the Republic of Lithuania: in the context of an unclear concept of professional sport, it is not obvious which competitions meet or do not meet the criterion of professionalism (which, up to now, has been required for the incrimination of manipulation of sports competitions).
本文讨论的主题是操纵体育比赛。文章讨论了一项独特的实证研究的结果,该研究从拥有丰富第一手知识的专家那里收集数据。由于这项研究的特殊性,绝大多数数据都是匿名和/或化名的。尽管如此,这项研究还是尽可能地自然,特别是考虑到该主题和行话的敏感性。研究显示,操纵是立陶宛足球界的一个严重问题,尽管这一现象的高峰期可能已经过去。研究揭示了一些耐人寻味的联系,表明操纵行为远非仅仅是一个体育问题。这一现象与体育界乃至整个社会的其他祸患密切相关:对良好管理的漠视、缺乏透明度和公开性,以及有组织犯罪在体育界的作用。虽然这项研究没有专门检验犯罪学理论,但研究结果证实了应变理论和差异关联理论的见解。操纵的方式之一显然与这两种理论所得出的模式相吻合:从简单的投注开始,球员们开始上瘾和负债,并因此感到持续的紧张,直到后来,通过逐渐的互动,人们才开始谈论对体育比赛的操纵。同样重要的是,博彩市场恰恰是球员满足竞争需求、释放过度肾上腺素的环境。也许正因如此,那些在低级别联赛踢球或职业生涯即将结束的足球运动员,也就是那些无法再在赛场上取得成功和发泄情绪的球员,经常会被博彩钩住。这就造成了投注上瘾,有可能导致欺诈行为。从法律角度看,操纵体育比赛的问题可以用适用《立陶宛共和国刑法典》的困难来解 释:在职业体育概念不明确的情况下,哪些比赛符合或不符合职业标准(迄今为止,这一直是 将操纵体育比赛入罪的必要条件)并不明显。
{"title":"Manipulation of sports competitions in the Lithuanian football: empirical research","authors":"Salomėja Zaksaitė","doi":"10.15388/crimlithuan.2023.11.4","DOIUrl":"https://doi.org/10.15388/crimlithuan.2023.11.4","url":null,"abstract":"This article deals with the topic of manipulation of sports competitions. It discusses the results of a unique empirical research, which gathered data from experts with a wealth of first-hand knowledge. Due to the specificity of such a study, the vast majority of the data is anonymised and/or pseudonymised. Nevertheless, the research is as natural as possible, especially due to the the sensitivity of the topic and jargon. The study revealed that manipulation is a serious problem in Lithuanian football, although the peak of this phenomenon is probably in the past. The research revealed intriguing connections that show that manipulation is far from being only a sports issue. It is a phenomenon closely linked to other scourges of the sporting community and society as a whole: the disregard for good governance, the lack of transparency and publicity, and the role of organised crime in the world of sport. Although the study did not specifically test criminological theories, the findings gathered from the research confirmed the insights of the strain and differential association theories. One of the ways in which manipulation is carried out clearly corresponds to the pattern drawn in the context of the two theories: starting with simple betting, players become addicted and indebted, and consequently feel constant tension, and only later, through a gradual interaction, does one start to talk about the manipulation of sporting competitions. It is also important to note that the betting market is precisely the environment where players can satisfy their need for competitiveness and release excessive adrenaline. Perhaps for this reason, football players who play in lower leagues or whose careers are ending – that is, who are no longer able to succeed and let off steam on the field – are frequently caught by the betting hook. This creates an addiction to betting, potentially leading to committing fraud. From a legal perspective, the problem of manipulation of sports competitions can be explained by the difficulties in the application of the Criminal Code of the Republic of Lithuania: in the context of an unclear concept of professional sport, it is not obvious which competitions meet or do not meet the criterion of professionalism (which, up to now, has been required for the incrimination of manipulation of sports competitions).","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141338830","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Peculiarities of consolidation of criminal penalties and the justice of the final sentence in the practice of Lithuanian courts 立陶宛法院实践中刑事处罚合并的特殊性和最终判决的公正性
Pub Date : 2024-03-05 DOI: 10.15388/crimlithuan.2023.11.2
Darius Pranka
Scholars of criminal law have not considered the issue of consolidation of criminal penalties for some time, and it has been undeservedly forgotten. However, the method of consolidation of criminal penalties and the size of the final punishment are very important for the defendant. In addition, in judicial practice, there are often various problems related to the correct and appropriate summation of sentences. It is sometimes very easy to get lost in the labyrinths of sentence sizes, numbers and calculation of the last sentence. The article begins by presenting a negative example of judicial practice, when the lower court, ignoring the decision of the appeal court, decides to postpone the execution of the prison sentence after the sentence has been combined. Next, the author raises the question of why criminal law provides only the minimum amount of penalties to be added. Still, when putting together several sentences, adding at least the minimum part of the penalties is not mandatory. On the other hand, in the context of this problem, we can reasonably doubt whether, in cases where the offender commits several dozen or several hundred criminal acts, putting together the punishments and adding a minimum part of each punishment, the last punishment is not too severe. Finally, at the end of the article, the difficulties of putting together punishments are shown when punishments have to be shared by simultaneous application of Article 63 of the Criminal Code and Article 64 of the Criminal Code.
刑法学者已经有一段时间没有考虑刑罚合并的问题了,这个问题被无端遗忘。然而,刑罚合并的方法和最终刑罚的大小对被告人来说非常重要。此外,在司法实践中,经常会遇到各种与正确、恰当地进行刑罚合并有关的问题。有时,我们很容易迷失在刑期大小、数字和最后刑期计算的迷宫中。文章首先介绍了司法实践中的一个反面例子,即下级法院无视上诉法院的判决,在刑期合并后决定推迟执行监禁刑罚。接着,作者提出了一个问题:为什么刑法只规定了附加刑的最低刑罚量?尽管如此,在合并几项判决时,至少增加最低部分的刑罚并不是强制性的。另一方面,就这一问题而言,我们有理由怀疑,在犯罪人实施了几十或几百种犯罪行为的情况下,将刑罚放在一起并加上每种刑罚的最低部分,最后的刑罚是否过于严厉。最后,在文章的最后,当必须同时适用《刑法典》第 63 条和《刑法典》第 64 条来分担惩罚时,就会显示出合并惩罚的困难。
{"title":"Peculiarities of consolidation of criminal penalties and the justice of the final sentence in the practice of Lithuanian courts","authors":"Darius Pranka","doi":"10.15388/crimlithuan.2023.11.2","DOIUrl":"https://doi.org/10.15388/crimlithuan.2023.11.2","url":null,"abstract":"Scholars of criminal law have not considered the issue of consolidation of criminal penalties for some time, and it has been undeservedly forgotten. However, the method of consolidation of criminal penalties and the size of the final punishment are very important for the defendant. In addition, in judicial practice, there are often various problems related to the correct and appropriate summation of sentences. It is sometimes very easy to get lost in the labyrinths of sentence sizes, numbers and calculation of the last sentence. The article begins by presenting a negative example of judicial practice, when the lower court, ignoring the decision of the appeal court, decides to postpone the execution of the prison sentence after the sentence has been combined. Next, the author raises the question of why criminal law provides only the minimum amount of penalties to be added. Still, when putting together several sentences, adding at least the minimum part of the penalties is not mandatory. On the other hand, in the context of this problem, we can reasonably doubt whether, in cases where the offender commits several dozen or several hundred criminal acts, putting together the punishments and adding a minimum part of each punishment, the last punishment is not too severe. Finally, at the end of the article, the difficulties of putting together punishments are shown when punishments have to be shared by simultaneous application of Article 63 of the Criminal Code and Article 64 of the Criminal Code.","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":"35 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140264603","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Managing the risk of repeated violence against the intimate partner in probation service: Review of the practice in Lithuania and foreign countries 在缓刑服务中管理针对亲密伴侣的重复暴力风险:回顾立陶宛和外国的做法
Pub Date : 2024-03-05 DOI: 10.15388/crimlithuan.2023.11.1
Liubovė Jarutienė, Ilona Laurinaitytė
According to official statistical data, each year a large number of the perpetrators of intimate partner violence (IPV) is under the supervision of Lithuanian probation service (LPS). This article analyses evidence-based measures applied for the management of the risk of repeated IPV, as well as Lithuanian and foreign practice of organising correctional work with the perpetrators of IPV. Analysis of recent practice shows that, compared to foreign countries, correctional work with this group of offenders in Lithuania often does not correspond to the principles of the Risk-Need-Responsivity model and does not address the heterogeneity of this specific group. Taking into account the good practice of foreign countries and the Lithuanian context, several suggestions are made to improve correctional work with this specific group: revising individual assessment procedures, preparing differentiated protocols for service provision, and adapting the means available at LPS for correctional work with IPV perpetrators.
根据官方统计数据,每年都有大量亲密伴侣暴力行为(IPV)实施者受到立陶宛缓刑服务机构(LPS)的监管。本文分析了用于管理亲密伴侣间暴力行为重复发生风险的循证措施,以及立陶宛和国外对亲密伴侣间暴力行为实施者组织教养工作的做法。对近期实践的分析表明,与国外相比,立陶宛对这类罪犯的矫治工作往往不符合 "风险-需求-反应 "模式的原则,也没有考虑到这一特殊群体的异质性。考虑到国外的良好做法和立陶宛的国情,本报告提出了几项建议,以改进针对这一特殊群体的矫治工作:修订个人评估程序、制定有区别的服务提供规程,以及调整 LPS 可用的手段,以开展针对 IPV 施暴者的矫治工作。
{"title":"Managing the risk of repeated violence against the intimate partner in probation service: Review of the practice in Lithuania and foreign countries","authors":"Liubovė Jarutienė, Ilona Laurinaitytė","doi":"10.15388/crimlithuan.2023.11.1","DOIUrl":"https://doi.org/10.15388/crimlithuan.2023.11.1","url":null,"abstract":"According to official statistical data, each year a large number of the perpetrators of intimate partner violence (IPV) is under the supervision of Lithuanian probation service (LPS). This article analyses evidence-based measures applied for the management of the risk of repeated IPV, as well as Lithuanian and foreign practice of organising correctional work with the perpetrators of IPV. Analysis of recent practice shows that, compared to foreign countries, correctional work with this group of offenders in Lithuania often does not correspond to the principles of the Risk-Need-Responsivity model and does not address the heterogeneity of this specific group. Taking into account the good practice of foreign countries and the Lithuanian context, several suggestions are made to improve correctional work with this specific group: revising individual assessment procedures, preparing differentiated protocols for service provision, and adapting the means available at LPS for correctional work with IPV perpetrators.","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":"50 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140264871","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Sexual harassment and abuse in sport: some legal and criminological considerations 体育运动中的性骚扰和性虐待:一些法律和犯罪学方面的考虑
Pub Date : 2023-11-17 DOI: 10.15388/crimlithuan.2022.10.5
Salomėja Zaksaitė
Sexual harassment and sexual abuse are not uncommon in the world of sports. Many athletes, especially female athletes, have been victims of violence, intimidation and abuse. For many years, victims remained silent and hid their experiences for fear of condemnation by society and the media, but recent trends show that the situation is improving. More and more athletes are speaking out against sexual harassment and abuse in the world of sport. From a legal point of view, the main feature of sexual harassment cases is that the burden of proof can be shifted to the accused. In criminal law, this mechanism raises concerns about a possible violation of the presumption of innocence. However, as international sports federations apply a lower standard of proof in disciplinary cases, this procedural feature is viewed favourably. At the same time, it should be noted that a lower standard of proof does not in any way mean that sexual harassment and abuse cases can be investigated with less responsibility or sensitivity. On the contrary, the legal and criminological specificity of this phenomenon implies that the boundaries between sexual abuse, sexual harassment, unprofessional conduct, and mere flirting must be clearly defined. Appropriate delimitation ensures, on the one hand, that perpetrators do not escape responsibility, even if it is relatively minor, and, on the other hand, protects the innocent against unfounded accusations.
性骚扰和性虐待在体育界并不少见。许多运动员,尤其是女运动员,都曾是暴力、恐吓和虐待的受害者。多年来,受害者因害怕受到社会和媒体的谴责而保持沉默,隐瞒自己的遭遇,但最近的趋势表明,情况正在好转。越来越多的运动员开始公开反对体育界的性骚扰和性虐待行为。从法律角度来看,性骚扰案件的主要特点是举证责任可以转移到被告身上。在刑法中,这一机制引起了对可能违反无罪推定原则的担忧。然而,由于国际体育联合会在纪律处分案件中采用较低的举证标准,这一程序特点被认为是有利的。同时,应当指出的是,降低举证标准绝不意味着在调查性骚扰和性虐待案件时可以降低责任心或敏感性。相反,这种现象在法律和犯罪学上的特殊性意味着,必须明确界定性虐待、性骚扰、非职业行为和单纯调情之间的界限。适当的界限划分一方面可以确保犯罪者不会逃避责任,即使是相对较轻的责任,另一方面也可以保护无辜者免受毫无根据的指控。
{"title":"Sexual harassment and abuse in sport: some legal and criminological considerations","authors":"Salomėja Zaksaitė","doi":"10.15388/crimlithuan.2022.10.5","DOIUrl":"https://doi.org/10.15388/crimlithuan.2022.10.5","url":null,"abstract":"Sexual harassment and sexual abuse are not uncommon in the world of sports. Many athletes, especially female athletes, have been victims of violence, intimidation and abuse. For many years, victims remained silent and hid their experiences for fear of condemnation by society and the media, but recent trends show that the situation is improving. More and more athletes are speaking out against sexual harassment and abuse in the world of sport. From a legal point of view, the main feature of sexual harassment cases is that the burden of proof can be shifted to the accused. In criminal law, this mechanism raises concerns about a possible violation of the presumption of innocence. However, as international sports federations apply a lower standard of proof in disciplinary cases, this procedural feature is viewed favourably. At the same time, it should be noted that a lower standard of proof does not in any way mean that sexual harassment and abuse cases can be investigated with less responsibility or sensitivity. On the contrary, the legal and criminological specificity of this phenomenon implies that the boundaries between sexual abuse, sexual harassment, unprofessional conduct, and mere flirting must be clearly defined. Appropriate delimitation ensures, on the one hand, that perpetrators do not escape responsibility, even if it is relatively minor, and, on the other hand, protects the innocent against unfounded accusations.","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":"22 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139263587","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Certain Relevant Issues of Interviewing Minors and Victims in the Practice of Law Enforcement Institutions During Criminal Proceedings 刑事诉讼中执法机关采访未成年人和被害人的若干相关问题
Pub Date : 2023-06-06 DOI: 10.15388/crimlithuan.2022.10.3
Darius Pranka
Over a decade ago, an audit was conducted in Lithuania to assess the protection of children’s rights during criminal proceedings. The audit identified various shortcomings and issues related to child interviews. These problems were addressed in 2017 with the implementation of amendments to the Law on Criminal Procedure of the Republic of Lithuania, which have been in effect for over five years. This article aims to analyze the current practices, particularly in recent years, of law enforcement institutions when conducting interviews with minor witnesses and victims during criminal proceedings. Through analysis and empirical research, it was found that minors are frequently questioned outside of designated child interview rooms for unjustifiable reasons. Furthermore, their rights, particularly the right not to testify against their relatives or family members, are not always adequately explained to them. The legal significance of such procedural violations is discussed. Additionally, it is highlighted that employees of the Child Rights Protection and Adoption Service often lack proper preparation for conducting interviews with children. The article concludes by summarizing other findings from the empirical research.
十多年前,在立陶宛进行了一次审计,以评估在刑事诉讼期间保护儿童权利的情况。审计发现了与儿童面谈有关的各种缺点和问题。2017年,随着《立陶宛共和国刑事诉讼法》修正案的实施,这些问题得到了解决,该修正案已生效五年多。本文旨在分析执法机构在刑事诉讼中对未成年证人和被害人进行面谈的现行做法,特别是近年来的做法。通过分析和实证研究发现,未成年人在指定的儿童讯讯室外因不正当理由被讯问的情况时有发生。此外,他们的权利,特别是不指证其亲属或家庭成员的权利,并不总是得到充分的解释。讨论了这种程序性违反的法律意义。此外,报告强调指出,儿童权利保护和收养服务处的雇员往往缺乏与儿童进行面谈的适当准备。文章最后总结了实证研究的其他发现。
{"title":"Certain Relevant Issues of Interviewing Minors and Victims in the Practice of Law Enforcement Institutions During Criminal Proceedings","authors":"Darius Pranka","doi":"10.15388/crimlithuan.2022.10.3","DOIUrl":"https://doi.org/10.15388/crimlithuan.2022.10.3","url":null,"abstract":"Over a decade ago, an audit was conducted in Lithuania to assess the protection of children’s rights during criminal proceedings. The audit identified various shortcomings and issues related to child interviews. These problems were addressed in 2017 with the implementation of amendments to the Law on Criminal Procedure of the Republic of Lithuania, which have been in effect for over five years. This article aims to analyze the current practices, particularly in recent years, of law enforcement institutions when conducting interviews with minor witnesses and victims during criminal proceedings. Through analysis and empirical research, it was found that minors are frequently questioned outside of designated child interview rooms for unjustifiable reasons. Furthermore, their rights, particularly the right not to testify against their relatives or family members, are not always adequately explained to them. The legal significance of such procedural violations is discussed. Additionally, it is highlighted that employees of the Child Rights Protection and Adoption Service often lack proper preparation for conducting interviews with children. The article concludes by summarizing other findings from the empirical research.","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48956630","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Detection and Investigation of Counterfeit Medical Products in Slovenia* 斯洛文尼亚假冒医疗产品的检测和调查*
Pub Date : 2023-01-27 DOI: 10.15388/crimlithuan.2022.10.1
B. Slak, Danijela Frangež
This article provides insights into the detection, investigation and prosecution of counterfeit medical products in Slovenia and abroad. The article summarizes the reports of Interpol and the European Union’s activities in this area. It also uses the opinions and insights of experts in the field provided through interviews. While the scope of the problem surrounding counterfeit medical products has been increasing globally, the issue is not alarming in Slovenia. Counterfeit medical products (CFMP) were never found to enter the legal supply chain in Slovenia. In general, the incidence of counterfeit medical products in the scope of detection, investigation and prosecution is extremely low. The reasons for this may be in the ongoing debates about the definition of CFMPs and the continuing lack of public awareness about counterfeit medical products. If the public does not understand or even know about counterfeit medical products, they will fail to report potential encounters with them, thus making their detection even more difficult. The research study presented in this paper has (partly) confirmed that a sound and socially-oriented healthcare system in which the required medicines are widely available represents a deterrent against counterfeit medical products. Therefore, the legislative framework supporting such a system is most important.
本文对斯洛文尼亚国内外假冒医疗产品的检测、调查和起诉提供了见解。文章概述了国际刑警组织和欧洲联盟在这一领域的活动报告。它还利用了该领域专家通过访谈提供的意见和见解。尽管围绕假冒医疗产品的问题在全球范围内不断扩大,但斯洛文尼亚的这一问题并不令人担忧。在斯洛文尼亚,从未发现假冒医疗产品进入合法供应链。一般来说,假冒医疗产品在检测、调查和起诉范围内的发生率极低。造成这种情况的原因可能是关于CFMP定义的持续辩论,以及公众对假冒医疗产品的认识持续缺乏。如果公众不了解甚至不知道假冒医疗产品,他们将无法报告可能遇到的情况,从而使其检测更加困难。本文中的研究(部分)证实,一个健全且面向社会的医疗保健系统,其中所需药物广泛可用,代表着对假冒医疗产品的威慑。因此,支持这一制度的立法框架是最重要的。
{"title":"Detection and Investigation of Counterfeit Medical Products in Slovenia*","authors":"B. Slak, Danijela Frangež","doi":"10.15388/crimlithuan.2022.10.1","DOIUrl":"https://doi.org/10.15388/crimlithuan.2022.10.1","url":null,"abstract":"This article provides insights into the detection, investigation and prosecution of counterfeit medical products in Slovenia and abroad. The article summarizes the reports of Interpol and the European Union’s activities in this area. It also uses the opinions and insights of experts in the field provided through interviews. While the scope of the problem surrounding counterfeit medical products has been increasing globally, the issue is not alarming in Slovenia. Counterfeit medical products (CFMP) were never found to enter the legal supply chain in Slovenia. In general, the incidence of counterfeit medical products in the scope of detection, investigation and prosecution is extremely low. The reasons for this may be in the ongoing debates about the definition of CFMPs and the continuing lack of public awareness about counterfeit medical products. If the public does not understand or even know about counterfeit medical products, they will fail to report potential encounters with them, thus making their detection even more difficult. The research study presented in this paper has (partly) confirmed that a sound and socially-oriented healthcare system in which the required medicines are widely available represents a deterrent against counterfeit medical products. Therefore, the legislative framework supporting such a system is most important.","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43464000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Crime Proceeds Value Threshold in Extended Confiscation in the Light of the Principles of Legality and Proportionality and Rational Penal Policy 从合法性、比例性原则和合理的刑事政策看扩大没收的犯罪所得价值界限
Pub Date : 2022-12-30 DOI: 10.15388/crimlithuan.2022.10.2
Skirmantas Bikelis
The article discusses the clause provided in the Lithuanian Criminal Code, which limits the court’s extended powers of confiscation in regard of crime proceeds of value less than EUR 12,500. The developing practice of the application of extended powers of confiscation in Lithuania makes this issue not only a matter of principle but also a practical one. The article analyzes to what extent such a precondition is compatible with the principle of legality and in particular the principle that rights do not arise from wrongdoing (Ex iniuria ius non oritur). Further, the author discusses the arguments justifying the discussed limitation to confiscate low-value crime proceeds – rational organisation of law enforcement resources, the principle of proportionality and a requirement of legal systematicity. The article concludes that the latter arguments are not always used accurately. The limitations of law enforcement resources ought to be regarded by providing authorities with discretion, not by limiting confiscation powers. The principle of proportionality and legal systematicity are hardly applicable in the discussion due to the specific legal nature of the confiscation powers. In parallel, the article concludes that the limitation of the minimum value of confiscatable crime proceeds is contrary to the European Union law – Directive 2014/42/EU.
该条讨论了立陶宛刑法规定的一项条款,该条款限制了法院对价值低于12,500欧元的犯罪收益的扩大没收权力。立陶宛适用扩大没收权的发展实践使这一问题不仅是一个原则问题,而且是一个实际问题。本文分析了这一前提条件在多大程度上符合合法性原则,特别是符合权利不因不法行为而产生的原则。在此基础上,从执法资源的合理配置、比例原则和法律制度要求三个方面论述了限制没收低价值犯罪所得的正当性。文章的结论是,后一种论点并不总是被准确地使用。执法资源的限制应该通过给予当局自由裁量权而不是通过限制没收权力来看待。由于没收权具有特殊的法律性质,比例原则和法律制度原则在讨论中难以适用。与此同时,文章得出结论,对没收犯罪收益的最低价值的限制违反了欧盟法律-指令2014/42/EU。
{"title":"Crime Proceeds Value Threshold in Extended Confiscation in the Light of the Principles of Legality and Proportionality and Rational Penal Policy","authors":"Skirmantas Bikelis","doi":"10.15388/crimlithuan.2022.10.2","DOIUrl":"https://doi.org/10.15388/crimlithuan.2022.10.2","url":null,"abstract":"The article discusses the clause provided in the Lithuanian Criminal Code, which limits the court’s extended powers of confiscation in regard of crime proceeds of value less than EUR 12,500. The developing practice of the application of extended powers of confiscation in Lithuania makes this issue not only a matter of principle but also a practical one. The article analyzes to what extent such a precondition is compatible with the principle of legality and in particular the principle that rights do not arise from wrongdoing (Ex iniuria ius non oritur). Further, the author discusses the arguments justifying the discussed limitation to confiscate low-value crime proceeds – rational organisation of law enforcement resources, the principle of proportionality and a requirement of legal systematicity. The article concludes that the latter arguments are not always used accurately. The limitations of law enforcement resources ought to be regarded by providing authorities with discretion, not by limiting confiscation powers. The principle of proportionality and legal systematicity are hardly applicable in the discussion due to the specific legal nature of the confiscation powers. In parallel, the article concludes that the limitation of the minimum value of confiscatable crime proceeds is contrary to the European Union law – Directive 2014/42/EU.","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45861715","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Construction of Lithuanian Prison Sentence Assumptions in Critical Criminology Perspective: an Analysis of the Goals of Imprisonment 批判犯罪学视角下立陶宛刑期假设的建构:监禁目标分析
Pub Date : 2022-10-28 DOI: 10.15388/crimlithuan.2021.9.9
Jolanta Aleknevičienė, Ignė Kalinauskaitė, Loreta Matačiūtė
The declared aims of custodial sentencing worldwide and in Lithuania are to protect society from crime and reduce recidivism; it is agreed that these aims can be achieved only when the duration of imprisonment is devoted to the prisoner’s gradual return to society (UNODC 2015). However, the newest Lithuanian strategic documents note that the sentencing system does not promote the change of prisoners’ criminal habits, offender resocialization is fragmented, and prison staff carries out offender protection and surveillance, not resocialization and social help (LR Vyriausybė 2021b). By building upon the ideas of social constructionism tradition (Berger and Luckmann 1999) and critical criminology (Christie 1999; Hulsman 1997; Quinney 2004; Mathiesen 2006), this paper analyzes the aims of custodial sentencing in the context of Lithuanian penal system’s reform and specifies possible implementational problems of declared aims of imprisonment. Document analysis showed that the raising and naming of imprisonment problems are conditioned by the commitment to international organizations and projects, as well as the cascading aims of the Lithuanian political agenda. In Lithuania, the purposes of custodial sentencing continue to be relatively general and instrumental. They are used to justify current and future means of reform while it is expected of correctional facilities to provide long-term positive influences on a person and fulfill quantitative indicators. We presume that resocialization and social integration ideas, as the main declared aim of custodial sentencing, are “imprisoned” in political discourse, which lacks critical analysis and does not provide much chance for success.
世界各地和立陶宛宣布的监禁判决目标是保护社会免受犯罪和减少累犯;各方一致认为,只有将监禁期限用于囚犯逐步回归社会,才能实现这些目标(毒品和犯罪问题办公室,2015年)。然而,立陶宛最新的战略文件指出,量刑制度并不能促进囚犯犯罪习惯的改变,罪犯重新融入社会是分散的,监狱工作人员对罪犯进行保护和监视,而不是重新融入社会和社会帮助(LR Vyriausybë2021b)。本文借鉴社会建构主义传统(Berger和Luckmann,1999年)和批判犯罪学(Christie,1999年;Hulsman,1997年;Quinney,2004年;Mathiesen,2006年)的思想,分析了立陶宛刑罚制度改革背景下监禁量刑的目的,并具体说明了监禁宣告目的可能存在的实施问题。文件分析表明,监禁问题的提出和命名取决于对国际组织和项目的承诺,以及立陶宛政治议程的级联目标。在立陶宛,判处监禁的目的仍然相对笼统和有用。它们被用来证明当前和未来的改革手段是合理的,而惩教设施则有望对一个人产生长期的积极影响,并实现量化指标。我们认为,作为监禁判决的主要目标,重新社会化和社会融合思想在政治话语中被“监禁”,而政治话语缺乏批判性分析,也没有提供太多成功的机会。
{"title":"The Construction of Lithuanian Prison Sentence Assumptions in Critical Criminology Perspective: an Analysis of the Goals of Imprisonment","authors":"Jolanta Aleknevičienė, Ignė Kalinauskaitė, Loreta Matačiūtė","doi":"10.15388/crimlithuan.2021.9.9","DOIUrl":"https://doi.org/10.15388/crimlithuan.2021.9.9","url":null,"abstract":"The declared aims of custodial sentencing worldwide and in Lithuania are to protect society from crime and reduce recidivism; it is agreed that these aims can be achieved only when the duration of imprisonment is devoted to the prisoner’s gradual return to society (UNODC 2015). However, the newest Lithuanian strategic documents note that the sentencing system does not promote the change of prisoners’ criminal habits, offender resocialization is fragmented, and prison staff carries out offender protection and surveillance, not resocialization and social help (LR Vyriausybė 2021b). By building upon the ideas of social constructionism tradition (Berger and Luckmann 1999) and critical criminology (Christie 1999; Hulsman 1997; Quinney 2004; Mathiesen 2006), this paper analyzes the aims of custodial sentencing in the context of Lithuanian penal system’s reform and specifies possible implementational problems of declared aims of imprisonment. Document analysis showed that the raising and naming of imprisonment problems are conditioned by the commitment to international organizations and projects, as well as the cascading aims of the Lithuanian political agenda. In Lithuania, the purposes of custodial sentencing continue to be relatively general and instrumental. They are used to justify current and future means of reform while it is expected of correctional facilities to provide long-term positive influences on a person and fulfill quantitative indicators. We presume that resocialization and social integration ideas, as the main declared aim of custodial sentencing, are “imprisoned” in political discourse, which lacks critical analysis and does not provide much chance for success.","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41782189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Search of the Influence of Bourdieu Sociology to Criminology 论布迪厄社会学对犯罪学的影响
Pub Date : 2022-10-28 DOI: 10.15388/crimlithuan.2021.9.10
Arūnas Poviliūnas
-
-
{"title":"The Search of the Influence of Bourdieu Sociology to Criminology","authors":"Arūnas Poviliūnas","doi":"10.15388/crimlithuan.2021.9.10","DOIUrl":"https://doi.org/10.15388/crimlithuan.2021.9.10","url":null,"abstract":"<jats:p>-</jats:p>","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42454213","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Individual Characteristics and Punitive Practice for the Women Accused of Illegal Possesion and Distribution of Drugs or Psychoactive Substances 被控非法持有和分销毒品或精神活性物质的妇女的个性特征及惩罚措施
Pub Date : 2022-10-25 DOI: 10.15388/crimlithuan.2021.9.8
Liubovė Jarutienė
According to the official statistical data, in Lithuania, female offenders make up approximately 10% of the convict population and 5% of the prison population (Department of Statistics, 2022). Due to rather small numbers of women drawn into the criminal world, female offenders and their specific needs are often hardly visible to the representatives of the law enforcement and correctional system. Therefore, the punitive practices applied to female offenders as well as the social context of their criminal behavior remain understudied topics in Lithuania. The main purpose of this study is to uncover the individual characteristics and the offending circumstances of the women accused of illegal posession and distribution of drugs. Also, this study includes the analysis of the sentencing trends for female culprits of drug-related crimes. The analysis of court practice and the interviews with the sentenced women has shown that, compared to males, females had no stable source of income and had to take care of the children and other family members more often. In addition, unlike males, females did not distribute drugs in the organized criminal groups, while the additional offences were mostly related to drug abuse rather than any other complicated criminal scheme. Finally, the comparison of sentencing trends has shown that Lithuanian courts tend to be more merciful towards women as they where imposed with shorter prison sentences. This study is one of the few attempts to explore the social context of female criminal behavior which will hopefully encourage to individualize the sentences imposed to female offenders.
根据官方统计数据,在立陶宛,女性罪犯约占罪犯人口的10%,占监狱人口的5%(统计部门,2022年)。由于被卷入犯罪世界的妇女人数相当少,执法和惩教系统的代表往往很难看到女性罪犯及其具体需求。因此,在立陶宛,适用于女性罪犯的惩罚性做法及其犯罪行为的社会背景仍未得到充分研究。本研究的主要目的是揭示被控非法持有和分销毒品的妇女的个人特征和犯罪情节。此外,本研究亦包括对毒品犯罪女性罪犯量刑趋势的分析。对法庭实践的分析和对被判刑妇女的访谈表明,与男性相比,女性没有稳定的收入来源,不得不更多地照顾儿童和其他家庭成员。此外,与男性不同,女性并不在有组织犯罪集团中分发毒品,而其他罪行大多与吸毒有关,而不是与任何其他复杂的犯罪计划有关。最后,对量刑趋势的比较表明,立陶宛法院往往对妇女更仁慈,因为她们被判处较短的徒刑。本研究是为数不多的探索女性犯罪行为的社会背景的尝试之一,希望能鼓励对女性罪犯的判刑个体化。
{"title":"Individual Characteristics and Punitive Practice for the Women Accused of Illegal Possesion and Distribution of Drugs or Psychoactive Substances","authors":"Liubovė Jarutienė","doi":"10.15388/crimlithuan.2021.9.8","DOIUrl":"https://doi.org/10.15388/crimlithuan.2021.9.8","url":null,"abstract":"According to the official statistical data, in Lithuania, female offenders make up approximately 10% of the convict population and 5% of the prison population (Department of Statistics, 2022). Due to rather small numbers of women drawn into the criminal world, female offenders and their specific needs are often hardly visible to the representatives of the law enforcement and correctional system. Therefore, the punitive practices applied to female offenders as well as the social context of their criminal behavior remain understudied topics in Lithuania. The main purpose of this study is to uncover the individual characteristics and the offending circumstances of the women accused of illegal posession and distribution of drugs. Also, this study includes the analysis of the sentencing trends for female culprits of drug-related crimes. The analysis of court practice and the interviews with the sentenced women has shown that, compared to males, females had no stable source of income and had to take care of the children and other family members more often. In addition, unlike males, females did not distribute drugs in the organized criminal groups, while the additional offences were mostly related to drug abuse rather than any other complicated criminal scheme. Finally, the comparison of sentencing trends has shown that Lithuanian courts tend to be more merciful towards women as they where imposed with shorter prison sentences. This study is one of the few attempts to explore the social context of female criminal behavior which will hopefully encourage to individualize the sentences imposed to female offenders.","PeriodicalId":52861,"journal":{"name":"Kriminologijos studijos","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41543448","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
期刊
Kriminologijos studijos
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1