首页 > 最新文献

The Journal of criminal law, criminology, and police science最新文献

英文 中文
POLICIJSKE NAUKE U REPUBLICI SRBIJI – STANJE I CILJEVI
Pub Date : 2022-06-01 DOI: 10.47152/rkkp.60.2.10
Božidar Banović, Đurica Amanović
The main goal of this paper is to analyze the basic determinants of police sciences and explore the possibility of their equal treatment with other sciences, based on the analysis of previous research and results in terms of establishing and developing police sciences as well as research and educational police practices. In addition, this paper should contribute to the integration of the knowledge developed so far in our country into the corpus of police sciences and their more efficient application in police education and everyday police work. The establishment of police sciences is imposed as a necessary precondition, as a special scientific field in the existing classification of scientific fields.
本文的主要目的是分析警察科学的基本决定因素,并在分析前人在建立和发展警察科学以及研究和教育警察实践方面的研究成果的基础上,探讨警察科学与其他科学平等对待的可能性。此外,本文还有助于将我国迄今为止发展起来的知识整合到警察科学的语料库中,并将其更有效地应用于警察教育和日常警务工作中。在现有的科学领域分类中,警察科学作为一门特殊的科学领域,其设立是一个必要的前提。
{"title":"POLICIJSKE NAUKE U REPUBLICI SRBIJI – STANJE I CILJEVI","authors":"Božidar Banović, Đurica Amanović","doi":"10.47152/rkkp.60.2.10","DOIUrl":"https://doi.org/10.47152/rkkp.60.2.10","url":null,"abstract":"The main goal of this paper is to analyze the basic determinants of police sciences and explore the possibility of their equal treatment with other sciences, based on the analysis of previous research and results in terms of establishing and developing police sciences as well as research and educational police practices. In addition, this paper should contribute to the integration of the knowledge developed so far in our country into the corpus of police sciences and their more efficient application in police education and everyday police work. The establishment of police sciences is imposed as a necessary precondition, as a special scientific field in the existing classification of scientific fields.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"50 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73540743","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
LAJPCIŠKI PROCESI – PRILOG PROUČAVANJU ISTORIJE MEĐUNARODNOG KRIVIČNOG PRAVA
Pub Date : 2022-06-01 DOI: 10.47152/rkkp.60.2.9
Marko Romić
The historical development of International Criminal Law in the period leading up to the First World War was of negliable value, especially when compared to the post-war period from 1918 to 1939. In Versailles Europe matured an idea, whose roots stemmed from much earlier, an idea of establishing an International Criminal Court which would protect basic human values, shared by all states no matter the form of government or political affiliations. Having noticed the link between world conflict and the development of International Criminal Law comes the conclusion that this idea first came to life after the Great War in 1918. This is how for the first time in history an institute of responsibility was formed for the rulers and military commanders concerning the war crimes committed by the state - these first examples being the trial of German Kaiser Vilhelm II and the individual Leipzig trials involving officers of the German army. Although the Kaisers trial was a failed attempt, and the Leipzig trials are considered failures due to material and formal deficiencies, especially concerning their outcomes, these parts represented an experimental phase of a historical process crucial to the forming of the international criminal justice system. Europe was aware that the modus operandi taken in this direction didn’t pass the test, and that the state and economy matters would always come first in the Versailles world. However, the repetition of this scenario wasn’t allowed during the Second World War and we can confidently say that the Nuremberg trials found their foundations stemming from Leipzig’s lessons. In the European law legacy Leipzig created the first written documents which would serve as waypoints in the further codification of International Criminal Law. Lastly, it can be said that in the period from 1918 to 1939 the European policy was introduced to the problem of realising that all further processes leading to the constitution of a uniform and legitimate international criminal justice system would undeniably lead to the redefining of two fundamental dogmas of international order: the principle of (absolute) state sovereignty and the (non)existence of international law subjectivity (and therefore the responsibility) of an individual.
国际刑法在第一次世界大战之前的历史发展价值微不足道,特别是与1918年至1939年的战后时期相比。在凡尔赛,欧洲形成了一种思想,其根源可以追溯到更早的时候,即建立一个国际刑事法院,以保护人类的基本价值,不分政府形式或政治派别,所有国家都享有这种价值。在注意到世界冲突与国际刑法发展之间的联系后,得出结论认为,这一思想在1918年第一次世界大战之后首次出现。这就是历史上第一次为统治者和军事指挥官就国家犯下的战争罪行建立责任机构的原因——这些最初的例子是对德国皇帝威廉二世的审判和涉及德国军队军官的莱比锡个人审判。虽然凯撒审判是一次失败的尝试,莱比锡审判被认为是失败的,因为物质和形式上的缺陷,特别是关于它们的结果,这些部分代表了对形成国际刑事司法系统至关重要的历史进程的一个实验阶段。欧洲意识到,在这个方向上采取的操作方式无法通过考验,在凡尔赛宫的世界里,国家和经济事务永远是第一位的。然而,在第二次世界大战期间,这种情况的重演是不允许的,我们可以自信地说,纽伦堡审判的基础源于莱比锡的教训。在欧洲法律遗产中,莱比锡创造了第一批书面文件,这些文件将成为进一步编纂国际刑法的路标。最后,可以说,在1918年至1939年期间,欧洲政策面临的问题是,认识到所有进一步导致统一和合法的国际刑事司法体系的形成的进程,将不可否认地导致重新定义国际秩序的两个基本教条:国家主权(绝对)原则和个人(不)存在的国际法主体性(因此是责任)。
{"title":"LAJPCIŠKI PROCESI – PRILOG PROUČAVANJU ISTORIJE MEĐUNARODNOG KRIVIČNOG PRAVA","authors":"Marko Romić","doi":"10.47152/rkkp.60.2.9","DOIUrl":"https://doi.org/10.47152/rkkp.60.2.9","url":null,"abstract":"The historical development of International Criminal Law in the period leading up to the First World War was of negliable value, especially when compared to the post-war period from 1918 to 1939. In Versailles Europe matured an idea, whose roots stemmed from much earlier, an idea of establishing an International Criminal Court which would protect basic human values, shared by all states no matter the form of government or political affiliations. Having noticed the link between world conflict and the development of International Criminal Law comes the conclusion that this idea first came to life after the Great War in 1918. This is how for the first time in history an institute of responsibility was formed for the rulers and military commanders concerning the war crimes committed by the state - these first examples being the trial of German Kaiser Vilhelm II and the individual Leipzig trials involving officers of the German army. Although the Kaisers trial was a failed attempt, and the Leipzig trials are considered failures due to material and formal deficiencies, especially concerning their outcomes, these parts represented an experimental phase of a historical process crucial to the forming of the international criminal justice system. Europe was aware that the modus operandi taken in this direction didn’t pass the test, and that the state and economy matters would always come first in the Versailles world. However, the repetition of this scenario wasn’t allowed during the Second World War and we can confidently say that the Nuremberg trials found their foundations stemming from Leipzig’s lessons. In the European law legacy Leipzig created the first written documents which would serve as waypoints in the further codification of International Criminal Law. Lastly, it can be said that in the period from 1918 to 1939 the European policy was introduced to the problem of realising that all further processes leading to the constitution of a uniform and legitimate international criminal justice system would undeniably lead to the redefining of two fundamental dogmas of international order: the principle of (absolute) state sovereignty and the (non)existence of international law subjectivity (and therefore the responsibility) of an individual.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"41 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80956271","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
UPOTREBA AUDIO VIZUELNE VEZE U ISPITIVANJU DECE U KRIVIČNOM POSTUPKU – IZ UGLA SUDIJE
Pub Date : 2022-06-01 DOI: 10.47152/rkkp.60.2.2
Dragana Obradović
In numerous criminal proceedings, there is an increasing need in Serbia to examine children and juveniles as victims or as witnesses. Having in mind their age, their maturity, the examination of these categories of participants in criminal proceedings requires specially trained people - officials who will contact them from their first appearance either in the police, in the public prosecutor’s office or in court. And for their additional protection in criminal proceedings, the legislator recognized the need to examine these vulnerable categories of participants in criminal proceedings can be done with the use of technical means - through audio-visual communication, which provides additional security for children and juveniles, so it is most important by legal regulations on criminal matters, he officially prescribed this possibility. During the 21st century, the state of Serbia has technically equipped all higher courts with special rooms and audio-visual communication systems. In this paper, we pointed out the most important international and domestic regulations related to the protection of victims and are especially important for the protection of children in criminal proceedings, the way in which the use of audio-visual communication is regulated in the most important domestic criminal regulations. We also pointed out some cases from practice in which the examination of the injured – children and minors through audio-visual connection was applied.
在许多刑事诉讼中,塞尔维亚越来越需要审查作为受害者或证人的儿童和青少年。考虑到他们的年龄和成熟程度,对这类刑事诉讼参与人的审查需要经过专门训练的人员- -从他们第一次在警察、检察官办公室或法庭出庭时就与他们联系的官员。而对于他们在刑事诉讼中的额外保护,立法者认识到有必要审查这些易受伤害的类别的参与者在刑事诉讼中可以使用技术手段- -通过视听通信,这为儿童和少年提供额外的安全,因此最重要的是通过刑事事项的法律条例,他正式规定了这种可能性。在21世纪,塞尔维亚国家在技术上为所有高级法院配备了特殊的房间和视听通信系统。在本文中,我们指出了与保护受害者有关的最重要的国际和国内条例,这些条例对在刑事诉讼中保护儿童尤其重要,最重要的国内刑事条例对视听通信的使用进行了规定。我们还指出了在实践中运用视听连接对受害儿童和未成年人进行检查的一些案例。
{"title":"UPOTREBA AUDIO VIZUELNE VEZE U ISPITIVANJU DECE U KRIVIČNOM POSTUPKU – IZ UGLA SUDIJE","authors":"Dragana Obradović","doi":"10.47152/rkkp.60.2.2","DOIUrl":"https://doi.org/10.47152/rkkp.60.2.2","url":null,"abstract":"In numerous criminal proceedings, there is an increasing need in Serbia to examine children and juveniles as victims or as witnesses. Having in mind their age, their maturity, the examination of these categories of participants in criminal proceedings requires specially trained people - officials who will contact them from their first appearance either in the police, in the public prosecutor’s office or in court. And for their additional protection in criminal proceedings, the legislator recognized the need to examine these vulnerable categories of participants in criminal proceedings can be done with the use of technical means - through audio-visual communication, which provides additional security for children and juveniles, so it is most important by legal regulations on criminal matters, he officially prescribed this possibility. During the 21st century, the state of Serbia has technically equipped all higher courts with special rooms and audio-visual communication systems. In this paper, we pointed out the most important international and domestic regulations related to the protection of victims and are especially important for the protection of children in criminal proceedings, the way in which the use of audio-visual communication is regulated in the most important domestic criminal regulations. We also pointed out some cases from practice in which the examination of the injured – children and minors through audio-visual connection was applied.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"76 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85373789","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
AUDIO – VIDEO LINK KAO SREDSTVO ZAŠTITE POSEBNO OSETLJIVOG SVEDOKA I FAKTOR URAVNOTEŽENJA POLOŽAJA OKRIVLJENOG
Pub Date : 2022-06-01 DOI: 10.47152/rkkp.60.2.3
Ivana Miljuš
The subject of this paper is the dual function of audio - video link in criminal proceedings in which vulnerable witnesses are examined - protection of witnesses and victims and ensuring the exercise of the defendant ‘s right to examine witnesses. In the first part of the paper, the author analyzes the concept of “audio - video link”, its legal nature, characteristics, roles and basic risks. The second part of the paper explores the normative and practical foundations of the protection of minors in criminal proceedings. The third part of the paper deals with the requirement to establish and maintain a balance of legitimate interests of enabling testimony and effective punishment, protection of the physical and mental integrity of witnesses and the right to defense. “In the balance test” of the European Court of Human Rights, the audio-video link is a “positive measure” of the state and a “counterbalancing factor”. The subject of the paper is also the normative regulation of an especially vulnerable witness. The aim of this paper is to point out the importance of proper use of technical devices for transmitting images and sound during the examination of especially vulnerable witness, but also its potential risks, possible proposals to improve the normative basis for their application and basic principles of audio - video link in criminal procedure.
本文的主题是视听环节在刑事诉讼中对弱势证人进行讯问的双重作用:保护证人和被害人,保障被告人对证人的讯问权的行使。本文第一部分分析了“音视频链接”的概念、法律性质、特征、作用和基本风险。论文第二部分探讨了刑事诉讼中未成年人保护的规范基础和实践基础。第三部分论述了建立和维护证供合法利益与有效刑罚平衡、保护证人身心健全与辩护权平衡的要求。在欧洲人权法院的“平衡测试”中,音视频链接是国家的“积极措施”,是“平衡因素”。本文的主题也是对特殊弱势证人的规范规制。本文的目的是指出在讯问特别脆弱的证人时,正确使用图像和声音传输技术装置的重要性,以及其潜在的风险,完善其应用的规范基础和刑事诉讼中音视频链接的基本原则的可能建议。
{"title":"AUDIO – VIDEO LINK KAO SREDSTVO ZAŠTITE POSEBNO OSETLJIVOG SVEDOKA I FAKTOR URAVNOTEŽENJA POLOŽAJA OKRIVLJENOG","authors":"Ivana Miljuš","doi":"10.47152/rkkp.60.2.3","DOIUrl":"https://doi.org/10.47152/rkkp.60.2.3","url":null,"abstract":"The subject of this paper is the dual function of audio - video link in criminal proceedings in which vulnerable witnesses are examined - protection of witnesses and victims and ensuring the exercise of the defendant ‘s right to examine witnesses. In the first part of the paper, the author analyzes the concept of “audio - video link”, its legal nature, characteristics, roles and basic risks. The second part of the paper explores the normative and practical foundations of the protection of minors in criminal proceedings. The third part of the paper deals with the requirement to establish and maintain a balance of legitimate interests of enabling testimony and effective punishment, protection of the physical and mental integrity of witnesses and the right to defense. “In the balance test” of the European Court of Human Rights, the audio-video link is a “positive measure” of the state and a “counterbalancing factor”. The subject of the paper is also the normative regulation of an especially vulnerable witness. The aim of this paper is to point out the importance of proper use of technical devices for transmitting images and sound during the examination of especially vulnerable witness, but also its potential risks, possible proposals to improve the normative basis for their application and basic principles of audio - video link in criminal procedure.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"54 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84738823","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
ILLEGAL ENTRY OF FOREIGN NATIONALS AS CRIMINAL OFFENCE 外国人非法入境属刑事犯罪
Pub Date : 2022-03-01 DOI: 10.47152/rkkp.60.1.6
Hrvoje Filipović, Dragana Čvorović
The paper analyzes the criminal offense of illegal entry, movement and stay in the Republic of Croatia, another Member State of the European Union or a signatory state to the Schengen Agreement under Article 326 of the Criminal Code and its connection with the misdemeanor of the prohibition of assisting a third­country national from Article 43 of the Law on Foreigners with regard to the difficulties and implications that may arise during their delimitation. In particular, the implementation of Council Directive 2002/90/EC on the definition of facilitation of unauthorized entry, transit and residence as well as its harmonization is analyzed. The differentiation between the misdemeanor in question and the criminal offense is not simple and includes a number of factors that in fact depend on each individual case, but when it comes to the classification of criminal offences, the decisive factor is greed, whereas recent case law shows that when it comes to criminal offenses under Article 326 of the Criminal Code, these are well­organized groups that, upon detection, do not shy away from attacking police officers in pursuit of their goals.
本文分析了根据《刑法》第326条在克罗地亚共和国、欧洲联盟的另一个成员国或《申根协定》签署国非法入境、移动和停留的刑事罪行,以及它与《外国人法》第43条禁止协助第三国国民的轻罪的联系,并分析了在划定这些罪行时可能产生的困难和影响。特别分析了理事会指令2002/90/EC关于便利未经授权入境、过境和居留的定义及其协调的实施情况。轻罪和刑事犯罪之间的区别并不简单,它包括许多因素,实际上取决于每个案件,但当涉及到刑事犯罪的分类时,决定性因素是贪婪,而最近的判例法表明,当涉及到刑法第326条下的刑事犯罪时,这些是组织良好的团体,一经发现,不要羞于攻击警察在追求他们的目标。
{"title":"ILLEGAL ENTRY OF FOREIGN NATIONALS AS CRIMINAL OFFENCE","authors":"Hrvoje Filipović, Dragana Čvorović","doi":"10.47152/rkkp.60.1.6","DOIUrl":"https://doi.org/10.47152/rkkp.60.1.6","url":null,"abstract":"The paper analyzes the criminal offense of illegal entry, movement and stay in the Republic of Croatia, another Member State of the European Union or a signatory state to the Schengen Agreement under Article 326 of the Criminal Code and its connection with the misdemeanor of the prohibition of assisting a third­country national from Article 43 of the Law on Foreigners with regard to the difficulties and implications that may arise during their delimitation. In particular, the implementation of Council Directive 2002/90/EC on the definition of facilitation of unauthorized entry, transit and residence as well as its harmonization is analyzed. The differentiation between the misdemeanor in question and the criminal offense is not simple and includes a number of factors that in fact depend on each individual case, but when it comes to the classification of criminal offences, the decisive factor is greed, whereas recent case law shows that when it comes to criminal offenses under Article 326 of the Criminal Code, these are well­organized groups that, upon detection, do not shy away from attacking police officers in pursuit of their goals.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82768932","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
CONDITIONAL RELEASE: POSSIBILITIES AND OBSTACLES IN SERBIA AND THE NETHERLANDS 有条件释放:塞尔维亚和荷兰的可能性和障碍
Pub Date : 2022-03-01 DOI: 10.47152/rkkp.60.1.3
Jan J Hoekman, G. Krstić
This paper analyses the concept of conditional release in the Netherlands and Serbia, to provide a comparative overview of the two legal systems, and to suggest how legal solutions could be improved. Conditional release is functionally correlated with imprisonment as the main criminal sanction, entailing the deprivation of liberty, whilest, it is also an alternative to imprisonment. It creates the possibility for the convicted person to be released from prison before they have fully served their sentence, provided that certain conditions are met. While serving the sentence, the convicted person is obliged to act upon the individual plan to rehabilitate, focus on work, and minimize the risk of re­offending. Since there are different categories of convicted persons in the penal environment, this paper will also examine whether all these categories of convicted persons deserve to be released on parole or whether perhaps conditional release is reserved only for privileged ones.
本文分析了荷兰和塞尔维亚有条件释放的概念,提供了两种法律制度的比较概述,并建议如何改进法律解决方案。有条件释放在功能上与监禁相关,是主要的刑事制裁,涉及剥夺自由,同时也是监禁的一种替代办法。它使被定罪的人有可能在服满刑期之前从监狱释放,只要满足某些条件。在服刑期间,被定罪的人有义务按照个人计划进行改造,专注于工作,并尽量减少再次犯罪的风险。由于刑事环境中有不同类别的被定罪者,本文还将研究是否所有这些类别的被定罪者都应获得假释,或者是否只有特权人士才有条件释放。
{"title":"CONDITIONAL RELEASE: POSSIBILITIES AND OBSTACLES IN SERBIA AND THE NETHERLANDS","authors":"Jan J Hoekman, G. Krstić","doi":"10.47152/rkkp.60.1.3","DOIUrl":"https://doi.org/10.47152/rkkp.60.1.3","url":null,"abstract":"This paper analyses the concept of conditional release in the Netherlands and Serbia, to provide a comparative overview of the two legal systems, and to suggest how legal solutions could be improved. Conditional release is functionally correlated with imprisonment as the main criminal sanction, entailing the deprivation of liberty, whilest, it is also an alternative to imprisonment. It creates the possibility for the convicted person to be released from prison before they have fully served their sentence, provided that certain conditions are met. While serving the sentence, the convicted person is obliged to act upon the individual plan to rehabilitate, focus on work, and minimize the risk of re­offending. Since there are different categories of convicted persons in the penal environment, this paper will also examine whether all these categories of convicted persons deserve to be released on parole or whether perhaps conditional release is reserved only for privileged ones.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"69 3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88484410","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
ONLINE SEXUAL EXPLOITATION OF CHILDREN, IN PARTICULAR THE CRIME OF CHILD PORNOGRAPHY 网上对儿童的性剥削,特别是儿童色情犯罪
Pub Date : 2022-03-01 DOI: 10.47152/rkkp.60.1.1
Katalin Csepregi, I. Kovács
The real challenge is to keep pace with today’s rapidly changing world. However, the development of infocommunication tools and technologies not only brings benefits, it also offers plenty of opportunities for offenders. It is inevitable to use the internet these days, so it is extremely important to lay down the right rules and conditions for children. The most important step we can take against it is prevention and awareness raising. In the study, the authors sought to clarify basic concepts, describe the international environment, and analyze data from Hungary, which manifests itself in the analysis and evaluation of BSR and anonymous judgments.
真正的挑战是跟上当今快速变化的世界的步伐。然而,信息通信工具和技术的发展不仅带来了好处,也为违法者提供了很多机会。现在使用互联网是不可避免的,所以为孩子们制定正确的规则和条件是非常重要的。我们可以采取的最重要的步骤是预防和提高认识。在研究中,作者试图澄清基本概念,描述国际环境,并分析来自匈牙利的数据,这体现在对BSR和匿名判断的分析和评价中。
{"title":"ONLINE SEXUAL EXPLOITATION OF CHILDREN, IN PARTICULAR THE CRIME OF CHILD PORNOGRAPHY","authors":"Katalin Csepregi, I. Kovács","doi":"10.47152/rkkp.60.1.1","DOIUrl":"https://doi.org/10.47152/rkkp.60.1.1","url":null,"abstract":"The real challenge is to keep pace with today’s rapidly changing world. However, the development of infocommunication tools and technologies not only brings benefits, it also offers plenty of opportunities for offenders. It is inevitable to use the internet these days, so it is extremely important to lay down the right rules and conditions for children. The most important step we can take against it is prevention and awareness raising. In the study, the authors sought to clarify basic concepts, describe the international environment, and analyze data from Hungary, which manifests itself in the analysis and evaluation of BSR and anonymous judgments.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"104 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83427733","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 LEGAL NATURE OF EXTRADITION AND EXPULSION, CONSTITUTIONAL AND CRIMINAL JUSTICE REGULATION 引渡和驱逐的法律性质,宪法和刑事司法规定
Pub Date : 2022-03-01 DOI: 10.47152/rkkp.60.1.8
V. Ursu
The study examines the extradition and expulsion, analyses the constitutional and criminal justice regulations of the legal institutions under consideration, identifies their particularities and the reveals their legal nature. Based on the identified features, the author tried to highlight the essential similarities and differences of the institutions concerned, in order to finally discover and describe the legal nature of expulsion and extradition.
这项研究审查了引渡和驱逐,分析了所审议的法律机构的宪法和刑事司法条例,确定了它们的特殊性,并揭示了它们的法律性质。根据所确定的特点,作者试图突出有关制度的本质异同,以便最终发现和描述驱逐和引渡的法律性质。
{"title":"THE LEGAL NATURE OF EXTRADITION AND EXPULSION, CONSTITUTIONAL AND CRIMINAL JUSTICE REGULATION","authors":"V. Ursu","doi":"10.47152/rkkp.60.1.8","DOIUrl":"https://doi.org/10.47152/rkkp.60.1.8","url":null,"abstract":"The study examines the extradition and expulsion, analyses the constitutional and criminal justice regulations of the legal institutions under consideration, identifies their particularities and the reveals their legal nature. Based on the identified features, the author tried to highlight the essential similarities and differences of the institutions concerned, in order to finally discover and describe the legal nature of expulsion and extradition.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87383771","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
COMMUNICATIONS ENCRYPTION AS AN INVESTIGATIVE OBSTACLE 通信加密是调查的障碍
Pub Date : 2022-03-01 DOI: 10.47152/rkkp.60.1.4
M. Pisarić
Due to novel technology solutions, primarily peer­to­peer, encryption and service providers located abroad, the ability of the law enforcement agencies to execute legally authorized traditional (even special) investigatory means is becoming increasingly problematic. Communication encryption, particularly end­to­end encryption in smartphone applications hinders law enforcement authorities’ practical ability to wiretap communications, although in a legal position. This phenomenon is globally recognized as “Going Dark” problem. All these challenges have necessitated legislative action. So far two different approaches have been recognized in addressing this problem: mandatory exceptional access and legalized hacking of target. In this paper we explore the viability and implications of both of them, in order to identity the most viable solution for overcoming investigative barrier, i.e. enabling the authorities to conduct surveillance of electronic communications.
由于新的技术解决方案,主要是点对点,加密和服务提供商位于国外,执法机构执行合法授权的传统(甚至特殊)调查手段的能力正变得越来越成问题。通信加密,特别是智能手机应用程序中的端到端加密,阻碍了执法当局窃听通信的实际能力,尽管这是合法的。这种现象被全球公认为“走向黑暗”问题。所有这些挑战都需要采取立法行动。到目前为止,解决这个问题的两种不同的方法是公认的:强制例外访问和合法的黑客攻击目标。在本文中,我们探讨了两者的可行性和影响,以确定克服调查障碍的最可行的解决方案,即使当局能够对电子通信进行监视。
{"title":"COMMUNICATIONS ENCRYPTION AS AN INVESTIGATIVE OBSTACLE","authors":"M. Pisarić","doi":"10.47152/rkkp.60.1.4","DOIUrl":"https://doi.org/10.47152/rkkp.60.1.4","url":null,"abstract":"Due to novel technology solutions, primarily peer­to­peer, encryption and service providers located abroad, the ability of the law enforcement agencies to execute legally authorized traditional (even special) investigatory means is becoming increasingly problematic. Communication encryption, particularly end­to­end encryption in smartphone applications hinders law enforcement authorities’ practical ability to wiretap communications, although in a legal position. This phenomenon is globally recognized as “Going Dark” problem. All these challenges have necessitated legislative action. So far two different approaches have been recognized in addressing this problem: mandatory exceptional access and legalized hacking of target. In this paper we explore the viability and implications of both of them, in order to identity the most viable solution for overcoming investigative barrier, i.e. enabling the authorities to conduct surveillance of electronic communications.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81471651","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: 3
THE ALTERNATIVE SANCTIONS SYSTEMS IN SERBIA AND THE NETHERLANDS: COMPARATIVE ANALYSIS WITH EXAMPLES FROM CASE LAW 塞尔维亚和荷兰的备选制裁制度:以判例法为例的比较分析
Pub Date : 2021-12-29 DOI: 10.47152/rkkp.59.3.4
Olga Tešović, Lieneke de Klerk
Alternative sanctions are a deviation from the traditional system of imprisonment and their advantage certainly lies in a more humane and less repressive treatment of convicted persons. Alternative sanctions need to be present in the criminal sanctions system of every country in order to make this system more effective, primarily having in mind the goals of special prevention. This paper aims to present the alternative sanctions systems in Serbia and the Netherlands, respectively, with reference to case law examples, as well as to perform a comparative analysis of the two systems and indicate their advantages and disadvantages, as well as methods of their improvement.
替代制裁是对传统监禁制度的一种偏离,其优点当然在于对被定罪者的待遇更加人道和不那么压抑。每个国家的刑事制裁制度中都需要有替代制裁,以便使这一制度更加有效,主要考虑到特别预防的目标。本文旨在介绍塞尔维亚和荷兰的备选制裁制度,并结合判例法实例,对两种制度进行比较分析,指出其优缺点和改进方法。
{"title":"THE ALTERNATIVE SANCTIONS SYSTEMS IN SERBIA AND THE NETHERLANDS: COMPARATIVE ANALYSIS WITH EXAMPLES FROM CASE LAW","authors":"Olga Tešović, Lieneke de Klerk","doi":"10.47152/rkkp.59.3.4","DOIUrl":"https://doi.org/10.47152/rkkp.59.3.4","url":null,"abstract":"Alternative sanctions are a deviation from the traditional system of imprisonment and their advantage certainly lies in a more humane and less repressive treatment of convicted persons. Alternative sanctions need to be present in the criminal sanctions system of every country in order to make this system more effective, primarily having in mind the goals of special prevention. This paper aims to present the alternative sanctions systems in Serbia and the Netherlands, respectively, with reference to case law examples, as well as to perform a comparative analysis of the two systems and indicate their advantages and disadvantages, as well as methods of their improvement.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"67 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84408550","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
The Journal of criminal law, criminology, and police science
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