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COMMUNITY SERVICE: EXPERIENCES AND CHALLENGES OF IMPLEMENTATION IN THE REPUBLIC OF SERBIA IN THE 2015-2020 PERIOD 社区服务:2015-2020年期间塞尔维亚共和国实施的经验与挑战
Pub Date : 2022-12-01 DOI: 10.47152/rkkp.60.3.6
Milica Kolaković-Bojović, A. Batričević
The dual nature of the community service makes this punishment, on the one hand, an effective mechanism for reducing the overcrowding of penitentiaries, while at the same time enabling effective rehabilitation and reintegration of convicts, through contribution to the local community. Despite the fact that Serbia has been facing the problem of overcrowding of prisons for a long time, and that the punishment of work in the public interest, although in different modalities, has been recognized for decades as one of the key mechanisms for addressing this problem, the pioneer attempts to address this problem have started fifteen years ago. The adequate preconditions to increase a share of the community service in the total number of the imposed criminal sanctions were created by the amendments to the legal framework in 2014. With this in mind, in this paper, the authors present the results of the application of the community service, collected as part of a comprehensive impact assessment research on the application of alternative sanctions and measures in the Republic of Serbia in the 2015-2020 period. The basis for the conclusions presented in this paper are founded on the basis of the data collected by triangulation of quantitative and qualitative research methods and analysed from the perspective of the efficiency, effectiveness and sustainability of the existing system. The paper also defines a set of recommendations for improving the normative framework and its application in practice and assesses their compatibility with the measures envisaged by the Strategy for the Development of the System of Execution of Criminal Sanctions for the 2021-2027 period.
社区服务的双重性质使这种惩罚一方面成为减少监狱过度拥挤的有效机制,同时通过对当地社区的贡献,使罪犯能够有效地康复和重新融入社会。尽管塞尔维亚长期以来一直面临监狱过度拥挤的问题,而且几十年来,虽然以不同的方式惩罚为公共利益工作的人已被认为是解决这一问题的关键机制之一,但解决这一问题的先驱性尝试是在15年前开始的。2014年法律框架修正案为增加社区服务在刑事制裁总数中所占的份额创造了充分的先决条件。考虑到这一点,在本文中,作者介绍了社区服务应用的结果,这些结果是2015-2020年期间在塞尔维亚共和国实施替代制裁和措施的综合影响评估研究的一部分。本文结论的依据是建立在定量和定性研究方法的三角测量收集数据的基础上,并从现有系统的效率、有效性和可持续性的角度进行分析。该文件还确定了一套改进规范框架及其在实践中的应用的建议,并评估了这些建议是否符合《2021-2027年发展刑事制裁执行制度战略》所设想的措施。
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引用次数: 0
EFFECTS OF THE APPLICATION OF INFORMATION AND COMMUNICATION TECHNOLOGIES IN TRAFFIC IN THE WORK OF THE MISDEMEANOR COURT (VALJEVO CASE STUDY) 信息和通信技术在交通领域的应用对轻罪法庭工作的影响(valjevo案例研究)
Pub Date : 2022-12-01 DOI: 10.47152/rkkp.60.3.2
D. Obradovic, B. Tesic
The judicial system in Serbia in the 21st century is increasingly following the achievements in the field of science and technology. In various areas of social life, a wide range of technologies is applied to support the judicial system and the work of the police, including integrated information systems for the management of court cases as well as video surveillance systems in traffic. The development of technologies, their adoption and application directly affects the work of the police, as well as the efficiency and quality of functioning of all parts of the judicial system. The subject of this paper is the analysis of the application of modern information and communication technologies in the field of road traffic safety with the aim of improving the functioning of that system or its individual parts. The aim of this paper is to point out the importance of the application of modern technologies in the field of supervision of traffic participants as well as their influence on proving traffic violations in the work of misdemeanor courts through the example of the Misdemeanor Court in Valjevo. The paper also deals with the positive financial effects of the collection of fines for convictions on the example of the city of Valjevo.
21世纪塞尔维亚的司法制度日益追随科学和技术领域的成就。在社会生活的各个领域,我们应用了各种各样的技术来支持司法系统和警察的工作,包括管理法庭案件的综合信息系统,以及交通中的视频监控系统。技术的发展、采用和应用直接影响到警察的工作,以及司法系统所有部分的工作效率和质量。本文的主题是分析现代信息和通信技术在道路交通安全领域的应用,目的是改善该系统或其各个部分的功能。本文旨在通过瓦尔耶沃轻罪法院的案例,指出现代技术在交通参与人监督领域应用的重要性,以及现代技术对轻罪法院工作中交通违法举证的影响。本文还以瓦尔耶沃市为例,论述了征收定罪罚款的积极财政影响。
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引用次数: 0
THE ROLE OF NON-LETHAL WEAPONS IN PUBLIC SECURITY 非致命武器在公共安全中的作用
Pub Date : 2022-12-01 DOI: 10.47152/rkkp.60.3.4
Erdem Eren Demir, Mehmet Ali Tekiner, Aybuke A. Isbir Turan
After World War II, “human rights” became a very vital issue all over the world, and with the publication of the Universal Declaration of Human Rights by the United Nations at the end of 1948, the subject gained an international status. In this context, the level of power to be applied by law enforcement officers in preventing the incidents and the equipment they use have started to be discussed. Equipment called “non-lethal weapons - NLW” began to be used in mass actions to end the incidents by causing less harm to both activists and third parties who were not involved in the action. The primary purpose of using NLWs is to minimize the severe human consequences during the intervention process to deter individuals from participating in the actions and to minimize the damage. Although it is called a non-lethal weapon, some negative consequences can be encountered due to the wrong or disproportionate use of this equipment, which can undermine the trust of citizens, who are not directly related to the events, in the state and naturally, the law enforcement forces, and the countries’ prestige can lose. For this reason, it is necessary to know and teach the issues needed to effectively use non-lethal weapons that give new capabilities to law enforcement officers. This study aims to examine the non-lethal weapons used by law enforcement officers to investigate the legal regulations on these weapons and their ammunition at the international and national level and to provide basic information on the types of NLW and their use. The scarcity of academic studies on non-lethal weapons in the national literature increases the importance of this study. As a result of the research, it has been determined that the main way of harming people and the environment as little as possible in the process of intervention in social events is the conscious use of NLWs by law enforcement officials.
第二次世界大战后,“人权”在世界范围内成为一个非常重要的问题,随着联合国在1948年底发表《世界人权宣言》,这一主题获得了国际地位。在这方面,已开始讨论执法人员在防止事件发生方面应使用的权力程度及其使用的设备。被称为“非致命武器”的设备开始在大规模行动中使用,通过减少对活动人士和未参与行动的第三方的伤害来结束事件。使用NLWs的主要目的是在干预过程中尽量减少严重的人类后果,阻止个人参与行动,并尽量减少损害。虽然它被称为非致命武器,但由于错误或不成比例地使用这种设备,可能会遇到一些负面后果,这可能会破坏与事件没有直接关系的公民对国家和执法部队的信任,并且国家的声望可能会失去。因此,有必要了解和传授有效使用赋予执法人员新能力的非致命武器所需的问题。本研究旨在审查执法人员使用的非致命武器,以调查国际和国家一级对这些武器及其弹药的法律规定,并提供关于非致命武器类型及其使用的基本资料。在国家文献中缺乏关于非致命武器的学术研究增加了本研究的重要性。研究结果确定,在干预社会事件的过程中,尽可能减少对人和环境的伤害的主要方式是执法人员有意识地使用NLWs。
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引用次数: 0
ODNOS MALOLJETNIH PRESTUPNIKA PREMA POČINJENOM KRIVIČNOM DJELU
Pub Date : 2022-06-01 DOI: 10.47152/rkkp.60.2.7
Nebojša Macanović, Milica Pajić
Juvenile delinquency is a serious problem today due to its negative social, emotional, physical and economic consequences that are present in communities in modern society. The study of juvenile delinquency is of particular importance to society because juvenile offenders are increasingly continuing their criminal activities as adults. Through the study of the scope, structure and dynamics of youth delinquency, the success of the implementation of social policy towards young people in general can be monitored. The aim of this paper is to determine the relationship between juvenile offenders, who are on the maintenance of an educational measure of sending to a correctional facility, and criminal offense they committed and the sanction imposed. These data can be important indicators for the creation and implementation of institutional re-education, as well as the process of resocialization. The research also presented data on the number of juvenile offenders in the Republika Srpska who were sentenced to an educational measure of sending them to an educational-correctional home, as well as institutions for the execution of this sanction. The results of the research indicate that the attitude of juvenile offenders towards the committed crime and the imposed sanction is an important indicator for creating an individualized program of re-educational work with juveniles and their resocialization in general. Also, through the answers of juveniles and their attitude towards the crime, we saw an increasingly pronounced criminogenic infection of juvenile offenders, as well as a disturbed value system.
青少年犯罪是当今一个严重的问题,由于其负面的社会、情感、身体和经济后果存在于现代社会的社区。对青少年犯罪的研究对社会特别重要,因为越来越多的青少年罪犯在成年后继续从事犯罪活动。通过对青少年犯罪的范围、结构和动态的研究,可以监测针对一般青少年的社会政策的成功实施。本文的目的是确定少年犯与他们所犯的刑事罪行以及所施加的制裁之间的关系,这些少年犯正在接受送进教养设施的教育措施。这些数据可以作为机构再教育的创建和实施以及再社会化过程的重要指标。这项研究还提供了关于斯普斯卡共和国被判处将他们送到教育矫正院的教育措施的少年犯人数以及执行这一制裁的机构的数据。研究结果表明,少年犯对犯罪和处罚的态度是制定个性化的少年犯再教育工作方案和总体再社会化的重要指标。此外,通过青少年的回答和他们对犯罪的态度,我们看到了青少年罪犯的犯罪感染越来越明显,以及受到干扰的价值体系。
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引用次数: 0
PODSTREKAVANJE NA POLNU ZLOUPOTREBU MALOLETNIKA PUTEM RAČUNARSKIH UREĐAJA
Pub Date : 2022-06-01 DOI: 10.47152/rkkp.60.2.6
Dragan Jovašević
Sexual abuse of children and minors is an old crime that has been known since ancient times, both in the world and in our country. In modern criminal law, these sexual crimes acquire new forms of manifestation, especially if they are committed with the use of computer devices or systems. Thus, these criminal acts gain in importance due to the danger and severity of the consequences caused, i.e., a higher degree of guilt of their perpetrators. Legal protection of sexual freedom of minors from the abuse of computer information technology today occupies a prominent place in both international and national criminal law of the region. The paper analyzes the specific criminal offense of inciting minors to sexual exploitation through computer information technology in European documents, the law of Serbia and the law of the countries of the region.
对儿童和未成年人的性侵害是一种自古以来就为人所知的古老罪行,无论是在世界上还是在我国。在现代刑法中,这些性犯罪获得了新的表现形式,特别是在使用计算机设备或系统的情况下。因此,这些犯罪行为由于其后果的危险性和严重性,即犯罪者的罪恶感程度较高而变得更加重要。从法律上保护未成年人的性自由不受计算机信息技术的滥用,在本区域的国际和国家刑法中占有突出地位。本文分析了欧洲文献中关于利用计算机信息技术教唆未成年人进行性剥削的具体刑事犯罪、塞尔维亚法律以及该地区各国法律。
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引用次数: 0
MEĐUNARODNOPRAVNI STANDARDI KOJIMA SE REGULIŠE ZAŠTITA OD SEKSUALNOG ZLOSTAVLJANJA I ISKORIŠTAVANJA DJECE U DIGITALNOM OKRUŽENJU
Pub Date : 2022-06-01 DOI: 10.47152/rkkp.60.2.4
Ljubinko Mitrović, Nikolina Grbić-Pavlović, Sonja Tomašević
Within the international legal framework, there are a number of documents dealing with the protection of children, which are directly or indirectly related to sexual abuse and exploitation of children. Thus, in this paper, the authors will deal with international documents dealing with the protection against sexual abuse and exploitation of children with special emphasis on documents that directly deal with the protection of children from sexual abuse and exploitation in the digital environment. Due to the volume of international documents regulating the protection of children in this area, attention will be paid only to the most important international documents.
在国际法律框架内,有一些关于保护儿童的文件,这些文件直接或间接涉及对儿童的性虐待和性剥削。因此,在本文中,作者将讨论有关保护儿童免受性虐待和性剥削的国际文件,特别强调直接涉及保护儿童免受数字环境中性虐待和性剥削的文件。由于规范在这一领域保护儿童的国际文件数量众多,我们将只注意最重要的国际文件。
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引用次数: 0
IZUZECI OD NEPOSREDNOG IZVOĐENJA DOKAZA I PRIVILEGOVANI SVJEDOCI U KRIVIČNOM POSTUPKU CRNE GORE
Pub Date : 2022-06-01 DOI: 10.47152/rkkp.60.2.11
Mirko Bošković
This paper analyses practical issues when applying legal provisions dealing with the exemptions from direct presentation of evidence in the context of provisions on persons released from the duty to testify in criminal proceedings in Montenegro. After the amendments to the Criminal Procedure Code from 2015, the possibility of using the testimony of privileged witnesses from the investigation was introduced into the legislation, in situations when they exercise their right and refuse to testify at the main hearing. There will be explanation of standards of the European Court of Human Rights, the characteristics of the normative framework for exceptions to the principle of immediacy in the CPC of Montenegro, and the way in which our case law treats these issues. Finally, appropriate conclusions were drawn regarding the obvious conflict of norms, which arose after the mentioned legal amendments, and the potential violation of the rights of defendants to a fair trial due to their (inadequate) application.
本文分析了在黑山刑事诉讼中免除作证义务的人的规定的背景下,适用关于免除直接出示证据的法律规定时的实际问题。从2015年开始修改《刑事诉讼法》后,立法中规定,在调查特权证人行使权利而拒绝在主要听证会上作证的情况下,可以使用特权证人的证词。将会解释欧洲人权法院的标准,黑山共和国的直接原则例外的规范框架的特点,以及我国判例法处理这些问题的方式。最后,对于上述法律修正案之后出现的明显的规范冲突,以及由于(不充分的)适用而可能侵犯被告获得公平审判的权利,得出了适当的结论。
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引用次数: 0
KRIVIČNOPRAVNA REAKCIJA NA DEČIJU PORNOGRAFIJU/PORNOGRAFIJU MALOLETNIH LICA - PLASIRANU/NASTALU ZLOUPOTREBOM RAČUNARSKE MREŽE/KOMUNIKACIJE DRUGIM TEHNIČKIM SREDSTVIMA
Pub Date : 2022-06-01 DOI: 10.47152/rkkp.60.2.1
Milan Z. Škulić
In the article are explained the basic characteristics of the criminal law reaction to child pornography, i.e. pornography of minors/juveniles, especially when it is realised using appropriate so-called high technology, which boils down to the misuse of a computer network or communication by other technical means. In the paper are presented the concept of pornography in the criminal law point of view, and author analyses the key normative characteristics of the criminal offense of showing, obtaining and possessing pornographic material and exploitation of a minor for pornography, (Article 185 of the Criminal Code of Serbia). The author also pays significant attention to comparative criminal law, explaining the basic characteristics of child pornography/juvenile pornography in German criminal law and in the criminal law of the United States.
本文解释了刑法对儿童色情制品的反应的基本特征,即未成年人/少年的色情制品,特别是当它是使用适当的所谓高技术来实现的,这归结为滥用计算机网络或通过其他技术手段进行通信。本文从刑法的角度阐述了色情的概念,分析了展示、获取和拥有色情材料以及利用未成年人从事色情活动犯罪(《塞尔维亚刑法》第185条)的主要规范特征。作者还非常重视比较刑法,解释了德国刑法和美国刑法中儿童色情/青少年色情的基本特征。
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引用次数: 0
DJEČJA PORNOGRAFIJA U SVJETLU RAČUNARSKIH KRIVIČNIH DJELA: MEĐUNARODNI STANDARDI I PRAVO BOSNE I HERCEGOVINE
Pub Date : 2022-06-01 DOI: 10.47152/rkkp.60.2.5
Vladimir M. Simović, Marina M. Simović
Based on international standards in a number of universal (UN) and regional (Council of Europe) documents, a large number of national legislations, including positive law of Bosnia and Herzegovina, provide for several computer (computer, IT, information, cyber) crimes that violate or endanger various social values by using (or abusing) computers, computer systems or information technology. These are various forms of illegal activities of natural and legal persons, using computer systems, whether it is about old crimes take on new forms (forms of manifestation), or completely new crimes. Among these criminal offenses, computer crimes are especially dangerous for children and youth. In this paper the system of international standards and the basic characteristics of computer crimes, as well as the content of computer crimes as means of production or dissemination of pornographic material in the legal system of Bosnia and Herzegovina are considered.
根据一些普遍(联合国)和区域(欧洲委员会)文件中的国际标准,包括波斯尼亚和黑塞哥维那的成文法在内的大量国家立法规定了通过使用(或滥用)计算机,计算机系统或信息技术违反或危害各种社会价值的几种计算机(计算机,IT,信息,网络)犯罪。这些都是自然人和法人利用计算机系统进行的各种形式的非法活动,无论是旧的犯罪形式(表现形式),还是全新的犯罪。在这些刑事犯罪中,计算机犯罪对儿童和青少年尤其危险。本文对波斯尼亚和黑塞哥维那法律体系中以制作或传播色情材料为手段的计算机犯罪的内容、国际标准体系和计算机犯罪的基本特征进行了探讨。
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引用次数: 0
IZVRŠENJE KAZNE ZATVORA IZREČENE ZA KRIVIČNA DELA ORGANIZOVANOG KRIMINALITETA
Pub Date : 2022-06-01 DOI: 10.47152/rkkp.60.2.8
Sofija Nešić
The goal of the paper was to research the ultrapunitive regime and (long-term) solitary confinement in the special department of “Zabela” penitentiary. In the second part of the paper case study is presented, which have involved one convict from special department who is under solitary confinement for almost two decades. A few convicts are under strict regime by court decision which is reviewed every two years. They are not allowed to work or be educated. Furthermore, close physical contact with relatives is not permitted. Data were collected through in-deepth interviews with convict and his lawyer. Due to the silence of the administration, this study represents first scientific insight into Serbian solitary confinement. Documentation analysis of relevant court records was conducted as well. We found that there are no significant obstacles to determine long-term segregation which seems to be based on a specific criminological status of a convict.
本文的目的是研究“Zabela”监狱特殊部门的超惩罚性制度和(长期)单独监禁。论文的第二部分是对一名被单独监禁近二十年的特殊部门罪犯的个案研究。少数罪犯受到法院判决的严格管制,每两年复核一次。他们不被允许工作或接受教育。此外,不允许与亲属进行密切的身体接触。数据是通过对罪犯及其律师的深入访谈收集的。由于政府的沉默,这项研究代表了对塞尔维亚单独监禁的首次科学见解。并对相关法庭记录进行了文献分析。我们发现,决定长期隔离似乎没有明显的障碍,这似乎是基于罪犯的特定犯罪学地位。
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引用次数: 1
期刊
The Journal of criminal law, criminology, and police science
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