Insufficient development of International Criminal Law, as well as its development under the influence of different legal systems, brought forth the lack of clear definitions of certain criminal law concepts and institutes. When considering the goals of International Criminal Law in theory they are often confused with the goals of International Criminal Justice, but also with the purpose of punishment in International Criminal Law. In that sense, the aim of the paper is, first of all, to analyse theoretical understandings of the goals of International Criminal Law and Justice, as well as their definition in the acts within the field of International Criminal Law, in order to provide for the possible manner of defining and delimiting these terms. Further, the aim of the paper is to distinguish from these terms the purpose of punishment in International Criminal Law.
{"title":"INTERNATIONAL CRIMINAL LAW AND INTERNATIONAL CRIMINAL JUSTICE OBJECTIVES AND PURPOSE OF PUNISHMENT IN INTERNATIONAL CRIMINAL LAW THEORY AND PRACTICE","authors":"Višnja Ranđelović, Snežana Soković, B. Banović","doi":"10.47152/rkkp.61.1.4","DOIUrl":"https://doi.org/10.47152/rkkp.61.1.4","url":null,"abstract":"Insufficient development of International Criminal Law, as well as its development under the influence of different legal systems, brought forth the lack of clear definitions of certain criminal law concepts and institutes. When considering the goals of International Criminal Law in theory they are often confused with the goals of International Criminal Justice, but also with the purpose of punishment in International Criminal Law. In that sense, the aim of the paper is, first of all, to analyse theoretical understandings of the goals of International Criminal Law and Justice, as well as their definition in the acts within the field of International Criminal Law, in order to provide for the possible manner of defining and delimiting these terms. Further, the aim of the paper is to distinguish from these terms the purpose of punishment in International Criminal Law.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84541941","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 last major epidemic, the COVID-19 pandemic, has revealed that there are many deficiencies in the health field. During the COVID-19 pandemic, as far as the media followed, many countries had difficulties accessing medical supplies, vaccines, and drugs and did not allow some medical products to leave the country. It has been observed that the necessary materials have disappeared with the work of the intelligence agencies of some countries. Politicians and scientists from many countries have put forth conspiracy theories about the source of the pandemic and the country of origin, and accusations have included claims about the use of biological weapons. This study aims to reveal what health intelligence is and what kinds of studies are done in Turkey and around the world. For this, the in-depth literature study of the case pattern study, one of the qualitative research methods, was used. In the analysis of the study, a descriptive analysis was made and the results were discussed.
{"title":"EVALUATION OF HEALTH INTELLIGENCE STUDIES IN TURKEY","authors":"M. Demi̇rkasimoğlu","doi":"10.47152/rkkp.61.1.6","DOIUrl":"https://doi.org/10.47152/rkkp.61.1.6","url":null,"abstract":"The last major epidemic, the COVID-19 pandemic, has revealed that there are many deficiencies in the health field. During the COVID-19 pandemic, as far as the media followed, many countries had difficulties accessing medical supplies, vaccines, and drugs and did not allow some medical products to leave the country. It has been observed that the necessary materials have disappeared with the work of the intelligence agencies of some countries. Politicians and scientists from many countries have put forth conspiracy theories about the source of the pandemic and the country of origin, and accusations have included claims about the use of biological weapons. This study aims to reveal what health intelligence is and what kinds of studies are done in Turkey and around the world. For this, the in-depth literature study of the case pattern study, one of the qualitative research methods, was used. In the analysis of the study, a descriptive analysis was made and the results were discussed.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87373037","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}
Since certain trends in information technologies significantly hinder criminal investigation, there is an evident need for the creation of an appropriate criminal procedure mechanism to overcome these obstacles. One of the options is to enable the law enforcement agencies to use hacking techniques in order to gain access to protected computer systems, networks and data, even remotely, in order to identify suspects, to monitor their activities and communications, and to collect evidence. In this paper the author is considering the possibilities, advantages and risks of using hacking techniques for the purposes of criminal proceedings. After pointing out the risks of malware use by the competent authorities, the normative framework for overcoming those risks was considered through regulating the authorized access to a protected computer system or network, as a special investigative action, so the data obtained through such actions could be used as evidence in the court of law.
{"title":"THE USE OF HACKING TECHNIQUES FOR THE PURPOSE OF CRIMINAL PROCEDURE","authors":"M. Pisarić","doi":"10.47152/rkkp.61.1.3","DOIUrl":"https://doi.org/10.47152/rkkp.61.1.3","url":null,"abstract":"Since certain trends in information technologies significantly hinder criminal investigation, there is an evident need for the creation of an appropriate criminal procedure mechanism to overcome these obstacles. One of the options is to enable the law enforcement agencies to use hacking techniques in order to gain access to protected computer systems, networks and data, even remotely, in order to identify suspects, to monitor their activities and communications, and to collect evidence. In this paper the author is considering the possibilities, advantages and risks of using hacking techniques for the purposes of criminal proceedings. After pointing out the risks of malware use by the competent authorities, the normative framework for overcoming those risks was considered through regulating the authorized access to a protected computer system or network, as a special investigative action, so the data obtained through such actions could be used as evidence in the court of law.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"66 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85859387","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 authors are focused on the issue of digital violence among juveniles: factors, main characteristics, and responses to it. The paper is primarily based on the latest research results of judicial practice (of the Higher Court in Belgrade and the Higher Prosecution Office in Belgrade – Special Department for High-Tech Crime), data gathered by questionnaires filled out by juveniles from one secondary school in Belgrade, and other available studies on the topic. Some recommendations regarding the social response to digital violence among juveniles were made, having in mind General Comment No. 25 (2021) on children’s rights in relation to the digital environment adopted by the Committee on the Rights of the Child.
{"title":"JUVENILE OFFENDERS AND VICTIMS OF DIGITAL VIOLENCE","authors":"Slađana Jovanović, Ljubinka Marković","doi":"10.47152/rkkp.61.1.2","DOIUrl":"https://doi.org/10.47152/rkkp.61.1.2","url":null,"abstract":"The authors are focused on the issue of digital violence among juveniles: factors, main characteristics, and responses to it. The paper is primarily based on the latest research results of judicial practice (of the Higher Court in Belgrade and the Higher Prosecution Office in Belgrade – Special Department for High-Tech Crime), data gathered by questionnaires filled out by juveniles from one secondary school in Belgrade, and other available studies on the topic. Some recommendations regarding the social response to digital violence among juveniles were made, having in mind General Comment No. 25 (2021) on children’s rights in relation to the digital environment adopted by the Committee on the Rights of the Child.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90990915","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 influence of digital environment on the psychophysical development of children is becoming more and more dominant, which is supported by empirical indicators. The type and degree of influence can be different, and the consequence is always the same and is reflected in the harmful effects on the psychophysical development of children. At the same time, numerous studies on victims show that the real impact of high technology on the psychophysical development of children is much greater than that shown by the available data. The main reason for such a situation could be sought in the reasons for non-reporting of these behaviors by the victim or rather non-recognition of the harmful effects of high technology on the psychophysical development of children. To this, we can add the detrimental effects of secondary victimization, which often covers victims of crime. In this sense, the question arises as to how society can most adequately respond to these behaviors. Different models of prevention can yield promising results, but raise questions about protection of children’s rights, including personal data. On the other hand, criminal repression, as ultima ratio, has full justification for its introduction, but also significant limitations. This is why the subject matter of this paper is prevention and suppression of socially unacceptable behavior manifested by the use of high technology, regardless of whether children are victims or actors of such behavior.
{"title":"THE IMPACT OF DIGITAL ENVIRONMENT ON CHILDREN AND RESPOND TO SOCIALLY UNACCEPTABLE BEHAVIOR","authors":"Miodrag N. Simović, Mile Sikman","doi":"10.47152/rkkp.61.1.1","DOIUrl":"https://doi.org/10.47152/rkkp.61.1.1","url":null,"abstract":"The influence of digital environment on the psychophysical development of children is becoming more and more dominant, which is supported by empirical indicators. The type and degree of influence can be different, and the consequence is always the same and is reflected in the harmful effects on the psychophysical development of children. At the same time, numerous studies on victims show that the real impact of high technology on the psychophysical development of children is much greater than that shown by the available data. The main reason for such a situation could be sought in the reasons for non-reporting of these behaviors by the victim or rather non-recognition of the harmful effects of high technology on the psychophysical development of children. To this, we can add the detrimental effects of secondary victimization, which often covers victims of crime. In this sense, the question arises as to how society can most adequately respond to these behaviors. Different models of prevention can yield promising results, but raise questions about protection of children’s rights, including personal data. On the other hand, criminal repression, as ultima ratio, has full justification for its introduction, but also significant limitations. This is why the subject matter of this paper is prevention and suppression of socially unacceptable behavior manifested by the use of high technology, regardless of whether children are victims or actors of such behavior.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"279 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74976527","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 legal system of each state consists of a wide range of legal rules. Thus, national security and legal order are a high priority for each nation and manifest themselves distinctly within any state. In the Republic of Moldova, the mentioned social value is protected both: the contravention and by the criminal law. This paper aims to make a study of the crime of mass disorder in the Republic of Moldova in comparison with European countries. The comparative analysis of the crime will contribute to the examination of European legal norms and to the research of the possibility of including some provisions in the legal framework of the Republic of Moldova. Similarly, the good practices of European countries will be taken into account through the elements of comparative criminal law.
{"title":"THE OFFENCE OF MASS DISORDER IN THE CRIMINAL LAWS OF SOME EUROPEAN STATES","authors":"Valentin Chiriţa, Ana-Maria Chepestru","doi":"10.47152/rkkp.61.1.7","DOIUrl":"https://doi.org/10.47152/rkkp.61.1.7","url":null,"abstract":"The legal system of each state consists of a wide range of legal rules. Thus, national security and legal order are a high priority for each nation and manifest themselves distinctly within any state. In the Republic of Moldova, the mentioned social value is protected both: the contravention and by the criminal law. This paper aims to make a study of the crime of mass disorder in the Republic of Moldova in comparison with European countries. The comparative analysis of the crime will contribute to the examination of European legal norms and to the research of the possibility of including some provisions in the legal framework of the Republic of Moldova. Similarly, the good practices of European countries will be taken into account through the elements of comparative criminal law.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89232954","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 this work the author deals with contemporary problems in achieving the rehabilitation aim as a dominant purpose of prison sentence execution in majority of countries today. Rehabilitation is one of the major principle in treating of persons who are convicted to prison sentence and consists of numerous rules set in some international documents as well as in national legislations. In work is given an overview of the historical development of the rehabilitation model both in global and domestic level as well as modern approaches in realization of rehabilitation expectations. The author further analysis some retributive tendentions in modern legislation. One of the problem is the trend of imposing a life sentence which is particularly problematic in case of absence the possibility of parole for certain convicts. That form of life sentence is prescribed in Criminal Code of Republic Serbia, so the author considers the sustaintability of that provision, especially in the context of European Court of Human Rights’s decisions.
{"title":"THE ANALYSIS OF SOME PROBLEMS IN ACHIEVING THE REHABILITATION PURPOSE OF PUNISHMENT","authors":"A. Ilić","doi":"10.47152/rkkp.61.1.5","DOIUrl":"https://doi.org/10.47152/rkkp.61.1.5","url":null,"abstract":"In this work the author deals with contemporary problems in achieving the rehabilitation aim as a dominant purpose of prison sentence execution in majority of countries today. Rehabilitation is one of the major principle in treating of persons who are convicted to prison sentence and consists of numerous rules set in some international documents as well as in national legislations. In work is given an overview of the historical development of the rehabilitation model both in global and domestic level as well as modern approaches in realization of rehabilitation expectations. The author further analysis some retributive tendentions in modern legislation. One of the problem is the trend of imposing a life sentence which is particularly problematic in case of absence the possibility of parole for certain convicts. That form of life sentence is prescribed in Criminal Code of Republic Serbia, so the author considers the sustaintability of that provision, especially in the context of European Court of Human Rights’s decisions.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76993604","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 present paper gives insight to an innovative approach in Forensic Criminology, that applies criminological knowledge for risk and needs assessments aiming at preventing recidivism. Although risk assessments are mainly conducted by psychologists and psychiatrists that predominantly work with actuarial risk assessments, hence with standardized, statistical methods, this approach is idiographic and refrains from relying on the comparison with the “average” but focuses on the individual: the Method of Ideal-Typical-Comparative-Case-By-Case Analysis (in short: MIVEA). Thus, the issue under scrutiny is the application of specific criminological knowledge for risk assessments. As a result, the paper will provide knowledge about the role of Forensic Criminology in the field of risk assessments and will illustrate the importance of the application of genuine idiographic risk assessments methods. It largely draws on research conducted by the founders of the method in question and their successors (especially Bock (2019) Angewandte Kriminologie. 5th edn. München: Vahlen).
{"title":"FORENSIC CRIMINOLOGY, RISK ASSESSMENTS AND THE PREVENTION OF RECIDIVISM: An introduction to a genuine idiographic method (MIVEA)","authors":"Nina Kaiser","doi":"10.47152/rkkp.60.3.1","DOIUrl":"https://doi.org/10.47152/rkkp.60.3.1","url":null,"abstract":"The present paper gives insight to an innovative approach in Forensic Criminology, that applies criminological knowledge for risk and needs assessments aiming at preventing recidivism. Although risk assessments are mainly conducted by psychologists and psychiatrists that predominantly work with actuarial risk assessments, hence with standardized, statistical methods, this approach is idiographic and refrains from relying on the comparison with the “average” but focuses on the individual: the Method of Ideal-Typical-Comparative-Case-By-Case Analysis (in short: MIVEA). Thus, the issue under scrutiny is the application of specific criminological knowledge for risk assessments. As a result, the paper will provide knowledge about the role of Forensic Criminology in the field of risk assessments and will illustrate the importance of the application of genuine idiographic risk assessments methods. It largely draws on research conducted by the founders of the method in question and their successors (especially Bock (2019) Angewandte Kriminologie. 5th edn. München: Vahlen).","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86862784","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 the article is the extradition as an element of the international legal paradigm of the modern criminal procedure. In this context, the goal of this research is to identify the fundamental human rights affected by the criminal proceedings within the extradition procedure based on cases related to the Republic of Belarus as well as legal provisions of this state. In this regard, the article explores the concept of the international legal paradigm of the modern criminal procedure. The author analyses the principles, the implementation of which is required to ensure human rights in the framework of the Belarusian criminal procedure in the course of extradition. The article reveals certain fundamental human rights that are affected during the extradition procedure: the personal inviolability, the right to defence and ne bis in idem.
{"title":"INTERNATIONALISATION OF THE CRIMINAL PROCEDURE WITHIN EXTRADITION: CASE BELARUS","authors":"V. Samaryn","doi":"10.47152/rkkp.60.3.3","DOIUrl":"https://doi.org/10.47152/rkkp.60.3.3","url":null,"abstract":"The subject of the article is the extradition as an element of the international legal paradigm of the modern criminal procedure. In this context, the goal of this research is to identify the fundamental human rights affected by the criminal proceedings within the extradition procedure based on cases related to the Republic of Belarus as well as legal provisions of this state. In this regard, the article explores the concept of the international legal paradigm of the modern criminal procedure. The author analyses the principles, the implementation of which is required to ensure human rights in the framework of the Belarusian criminal procedure in the course of extradition. The article reveals certain fundamental human rights that are affected during the extradition procedure: the personal inviolability, the right to defence and ne bis in idem.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"22 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82212562","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The paper gives an overview of the concept and content of a conditional sentence with protective supervision according to the solutions in the Criminal Code of the Republic of Serbia, pointing out certain substantive inconsistencies and legal gaps. The author explains what significance this sanction should have in the system of non-custodial sanctions and measures, starting from international standards and comparative practice in this area. In addition to substantive law, the paper also analyzes the regulations related to the execution of this alternative sanction, as well as the situation with its application in practice. Special attention was given to the relationship of this alternative sanction with other alternative sanctions and measures, both with those that already exist in our positive law - house arrest, work in the public interest and the institute of settlement of perpetrators and injured parties, and with some non-custodial measures which originate from the Anglo-Saxon legal field - „shaming punishments“, which exist in the USA law. The aim of this paper is to point out the importance of this alternative sanction and its possibilities of improvement in terms of greater and more efficient application in practice.
{"title":"CONDITIONAL SENTENCE WITH PROTECTIVE SUPERVISION - concept, application, and relationship with other alternative sanctions and measures","authors":"Olga Tešović","doi":"10.47152/rkkp.60.3.5","DOIUrl":"https://doi.org/10.47152/rkkp.60.3.5","url":null,"abstract":"The paper gives an overview of the concept and content of a conditional sentence with protective supervision according to the solutions in the Criminal Code of the Republic of Serbia, pointing out certain substantive inconsistencies and legal gaps. The author explains what significance this sanction should have in the system of non-custodial sanctions and measures, starting from international standards and comparative practice in this area. In addition to substantive law, the paper also analyzes the regulations related to the execution of this alternative sanction, as well as the situation with its application in practice. Special attention was given to the relationship of this alternative sanction with other alternative sanctions and measures, both with those that already exist in our positive law - house arrest, work in the public interest and the institute of settlement of perpetrators and injured parties, and with some non-custodial measures which originate from the Anglo-Saxon legal field - „shaming punishments“, which exist in the USA law. The aim of this paper is to point out the importance of this alternative sanction and its possibilities of improvement in terms of greater and more efficient application in practice.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84327543","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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