首页 > 最新文献

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

英文 中文
E-EVIDENCE OF CYBERCRIMINAL ACTIVITIES AS A NEW LEGAL PHENOMENON (BASED ON THE CRIMINAL PROCEDURE CODE OF THE SOCIALIST REPUBLIC OF VIETNAM, 2005) 网络犯罪活动的电子证据作为一种新的法律现象(基于2005年越南社会主义共和国刑事诉讼法)
Pub Date : 2021-12-29 DOI: 10.47152/rkkp.59.3.7
Nhu Нan Pham, Nikolay Nikolayevich Demidov
Today's modern global society is facing an unexpected situation where cybercrimes are becoming more and more complicated, severely violating social order and security. The Criminal Procedure Code (CrPC) Vietnam 2015 has made important amunpredictable endments and supplements to evidence and evidence institutions, which are important institutions on which procedural bodies base to perform their duties and exercise their powers. Most prominently, the regulation of evidence sources which is electronic data, an entirely new source of evidence, is to respond promptly to crimes using high technology. Within the scope of this article, the author focuses on the new points of the CrPC Vietnam 2015 on the source of evidence that is electronic data in high technology crimes. Further the principles of the evidence act has been explained with amendments in regard to electronic evidence. Finally the safeguards and procedure which needs to be adopted by the Vietnamese judiciary in handling electronic evidences.
当今的现代全球社会正面临着一个意想不到的局面,网络犯罪日益复杂,严重危害着社会秩序和安全。2015年《越南刑事诉讼法》对证据和证据机构作出了不可预测的重要修改和补充,证据和证据机构是诉讼机构履行职责和行使权力的重要基础。最突出的是,对电子数据这一全新证据来源的监管,是为了对利用高科技的犯罪行为作出迅速反应。在本文的范围内,作者重点讨论了越南2015年CrPC关于高科技犯罪中电子数据证据来源的新观点。此外,对证据法的原则进行了解释,并对电子证据进行了修正。最后,越南司法机关在处理电子证据时需要采取的保障措施和程序。
{"title":"E-EVIDENCE OF CYBERCRIMINAL ACTIVITIES AS A NEW LEGAL PHENOMENON (BASED ON THE CRIMINAL PROCEDURE CODE OF THE SOCIALIST REPUBLIC OF VIETNAM, 2005)","authors":"Nhu Нan Pham, Nikolay Nikolayevich Demidov","doi":"10.47152/rkkp.59.3.7","DOIUrl":"https://doi.org/10.47152/rkkp.59.3.7","url":null,"abstract":"Today's modern global society is facing an unexpected situation where cybercrimes are becoming more and more complicated, severely violating social order and security. The Criminal Procedure Code (CrPC) Vietnam 2015 has made important amunpredictable endments and supplements to evidence and evidence institutions, which are important institutions on which procedural bodies base to perform their duties and exercise their powers. Most prominently, the regulation of evidence sources which is electronic data, an entirely new source of evidence, is to respond promptly to crimes using high technology. Within the scope of this article, the author focuses on the new points of the CrPC Vietnam 2015 on the source of evidence that is electronic data in high technology crimes. Further the principles of the evidence act has been explained with amendments in regard to electronic evidence. Finally the safeguards and procedure which needs to be adopted by the Vietnamese judiciary in handling electronic evidences.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89520290","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
IMPACT OF MODERN TECHNOLOGIES ON FREE MOVEMENT OF EVIDENCE IN EUROPEAN UNION 现代技术对欧盟证据自由流动的影响
Pub Date : 2021-12-29 DOI: 10.47152/rkkp.59.3.6
Marina Matić Bošković
According to the estimate of the EU Commission 85 percent of criminal investigations require electronic evidence, while in almost two thirds (65 percent) of the investigations where e-evidence is relevant. Investigation and prosecution of crime increasingly relies on the possibility to have access to data held by service providers, as private company. Modern criminal investigation and use of electronic evidence imposes challenges to the right to fair trial and rule of law standards. The paper identifies benefits and challenges of proposed EU instruments for facilitating e-evidence. The European Commission proposed Regulation of Production Order and Preservation Order with the aim to facilitate access to relevant data stored by service providers. The paper recognizes shortcomings of the proposed Regulation. The biggest challenge is lack of judicial oversight of orders, as a guarantee of fair trial. The paper includes recommendations and policy options for promoting judicial system for cross border access and collection of electronic data in line with EU fundamental rights standards.
据欧盟委员会估计,85%的刑事调查需要电子证据,而在几乎三分之二(65%)的调查中,电子证据是相关的。对犯罪的调查和起诉越来越依赖于获取服务提供商(作为私营公司)持有的数据的可能性。现代刑事侦查和电子证据的使用对公平审判权和法治标准提出了挑战。本文确定了拟议的欧盟工具促进电子证据的好处和挑战。欧盟委员会提出了生产令和保存令法规,旨在促进对服务提供商存储的相关数据的访问。该文件承认拟议规例的缺点。最大的挑战是缺乏对命令的司法监督,这是公平审判的保证。该文件包括根据欧盟基本权利标准促进跨境获取和收集电子数据的司法系统的建议和政策选择。
{"title":"IMPACT OF MODERN TECHNOLOGIES ON FREE MOVEMENT OF EVIDENCE IN EUROPEAN UNION","authors":"Marina Matić Bošković","doi":"10.47152/rkkp.59.3.6","DOIUrl":"https://doi.org/10.47152/rkkp.59.3.6","url":null,"abstract":"According to the estimate of the EU Commission 85 percent of criminal investigations require electronic evidence, while in almost two thirds (65 percent) of the investigations where e-evidence is relevant. Investigation and prosecution of crime increasingly relies on the possibility to have access to data held by service providers, as private company. Modern criminal investigation and use of electronic evidence imposes challenges to the right to fair trial and rule of law standards. The paper identifies benefits and challenges of proposed EU instruments for facilitating e-evidence. The European Commission proposed Regulation of Production Order and Preservation Order with the aim to facilitate access to relevant data stored by service providers. The paper recognizes shortcomings of the proposed Regulation. The biggest challenge is lack of judicial oversight of orders, as a guarantee of fair trial. The paper includes recommendations and policy options for promoting judicial system for cross border access and collection of electronic data in line with EU fundamental rights standards.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82850166","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: 1
THE EROSION OF THE SALDUZ DOCTRINE IN THE CASES OF IBRAHIM AND OTHERS V. THE UNITED KINGDOM AND BEUZE V. BELGIUM 易卜拉欣等人诉联合王国案和beuze诉比利时案中对salduz教义的侵蚀
Pub Date : 2021-12-29 DOI: 10.47152/rkkp.59.3.5
Faruk H. Avdić
The so-called Salduz doctrine that concerns the right to a fair trial and the right to the defense attorney emerged from the case of Salduz v. Turkey, decided on the part of the European Court of Human Rights where the Grand Chamber found the violation of Article 6, paragraph 3(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms. In this connection, the aim of this paper is twofold. In the first place, the paper aims to demonstrate how the European Court of Human Rights has overturned the two main tenents of the so-called Salduz doctrine derived from its landmark case of Salduz v. Turkey in its later Judgments delivered in the case of Ibrahim and Others v. the United Kingdom and the case of Beuze v. Belgium. The two tenets derived from the Salduz doctrine being examined in the paper are the right to access to the defense attorney as a rule during pre-trial proceedings and the absolute exclusionary rule. In the second place, the paper aims to offer a critique of the standard of compelling reasons employed in the Ibrahim Judgment. In order to achieve its aim, this paper primarily analyses the jurisprudence of the European Human Court of Human Rights in the cases of Salduz v. Turkey, Ibrahim and Others v. the United Kingdom, and Beuze v. Belgium. Besides, the paper also touches upon other judgments of the European Court of Human Rights related to its subject. The paper in question, therefore, primarily relies on the case-law method in achieving its aims. The paper concludes that in overturning the Salduz doctrine in relation to aspects examined in the paper, the European Court of Human Rights has exacerbated the legal standing of the person against whom criminal proceedings are being conducted.
所谓的萨尔都兹学说涉及公平审判的权利和获得辩护律师的权利,它产生于萨尔都兹诉土耳其一案,该案由欧洲人权法院作出裁决,其中大分庭认定违反了《保护人权和基本自由公约》第6条第3款(c)项。在这方面,本文的目的是双重的。首先,本文旨在证明欧洲人权法院如何在其后来在易卜拉欣及其他人诉英国案和Beuze诉比利时案中作出的判决中推翻了所谓的Salduz学说的两个主要原则,这些原则源于其具有里程碑意义的Salduz诉土耳其案。本文所审查的源于Salduz原则的两个原则是在审前程序中作为一项规则获得辩护律师的权利和绝对排除规则。其次,本文旨在对易卜拉欣判决中使用的令人信服的理由标准提出批评。为了达到目的,本文主要分析了欧洲人权法院在Salduz诉土耳其案、Ibrahim等人诉英国案和Beuze诉比利时案中的法理。此外,本文还涉及欧洲人权法院与其主题有关的其他判决。因此,本文主要依靠判例法方法来实现其目的。该文件的结论是,欧洲人权法院在推翻与本文件所审查的各方面有关的萨尔都兹学说时,加剧了受到刑事诉讼的人的法律地位。
{"title":"THE EROSION OF THE SALDUZ DOCTRINE IN THE CASES OF IBRAHIM AND OTHERS V. THE UNITED KINGDOM AND BEUZE V. BELGIUM","authors":"Faruk H. Avdić","doi":"10.47152/rkkp.59.3.5","DOIUrl":"https://doi.org/10.47152/rkkp.59.3.5","url":null,"abstract":"The so-called Salduz doctrine that concerns the right to a fair trial and the right to the defense attorney emerged from the case of Salduz v. Turkey, decided on the part of the European Court of Human Rights where the Grand Chamber found the violation of Article 6, paragraph 3(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms. In this connection, the aim of this paper is twofold. In the first place, the paper aims to demonstrate how the European Court of Human Rights has overturned the two main tenents of the so-called Salduz doctrine derived from its landmark case of Salduz v. Turkey in its later Judgments delivered in the case of Ibrahim and Others v. the United Kingdom and the case of Beuze v. Belgium. The two tenets derived from the Salduz doctrine being examined in the paper are the right to access to the defense attorney as a rule during pre-trial proceedings and the absolute exclusionary rule. In the second place, the paper aims to offer a critique of the standard of compelling reasons employed in the Ibrahim Judgment. In order to achieve its aim, this paper primarily analyses the jurisprudence of the European Human Court of Human Rights in the cases of Salduz v. Turkey, Ibrahim and Others v. the United Kingdom, and Beuze v. Belgium. Besides, the paper also touches upon other judgments of the European Court of Human Rights related to its subject. The paper in question, therefore, primarily relies on the case-law method in achieving its aims. The paper concludes that in overturning the Salduz doctrine in relation to aspects examined in the paper, the European Court of Human Rights has exacerbated the legal standing of the person against whom criminal proceedings are being conducted.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85527136","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
MUSIC AS A FACTOR IN ETIOLOGY OF CRIME: CAN IT MAKE US ACCEPT THE UNACCEPTABLE? 音乐作为犯罪病因的一个因素:它能使我们接受不可接受的东西吗?
Pub Date : 2021-12-29 DOI: 10.47152/rkkp.59.3.1
Irfan Osmanović, Ena Kazić-Çakar
With no intention to present the importance of music for our lives and for the culture, lesser than it truly has, authors are testing the role of music as a potential factor in etiology of crime. More specifically, they are trying to question whether the music lyrics whose content indicates acceptability of actions that are usually not acceptable, moreover that are criminal, might have an influence on individual so that person perpetrates criminal offence. After brief overview of criminological theories that correlate music and crime, authors will present qualitative study on lyrics of one of the most famous rap duos in Bosnia and Herzegovina, with the analysis of the text, and results of survey conducted among student population of Bosnia and Herzegovina, regarding the general and personal influence of the duo's music.
作者们无意展示音乐对我们的生活和文化的重要性,比它实际的重要性要小,他们正在测试音乐作为犯罪病因学的潜在因素的作用。更具体地说,他们试图质疑音乐歌词的内容是否表明可以接受通常不可接受的行为,而且是犯罪行为,可能会对个人产生影响,使人犯下刑事犯罪。在简要概述了与音乐和犯罪相关的犯罪学理论之后,作者将对波斯尼亚和黑塞哥维那最著名的说唱二人组之一的歌词进行定性研究,并对文本进行分析,以及在波斯尼亚和黑塞哥维那学生群体中进行的调查结果,关于二人组音乐的一般和个人影响。
{"title":"MUSIC AS A FACTOR IN ETIOLOGY OF CRIME: CAN IT MAKE US ACCEPT THE UNACCEPTABLE?","authors":"Irfan Osmanović, Ena Kazić-Çakar","doi":"10.47152/rkkp.59.3.1","DOIUrl":"https://doi.org/10.47152/rkkp.59.3.1","url":null,"abstract":"With no intention to present the importance of music for our lives and for the culture, lesser than it truly has, authors are testing the role of music as a potential factor in etiology of crime. More specifically, they are trying to question whether the music lyrics whose content indicates acceptability of actions that are usually not acceptable, moreover that are criminal, might have an influence on individual so that person perpetrates criminal offence. After brief overview of criminological theories that correlate music and crime, authors will present qualitative study on lyrics of one of the most famous rap duos in Bosnia and Herzegovina, with the analysis of the text, and results of survey conducted among student population of Bosnia and Herzegovina, regarding the general and personal influence of the duo's music.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78491999","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
REGULATION OF REPRODUCTIVE CLONING AND INHERITABLE GENETIC MODIFICATIONS ON HUMANS - PERILS AND DEFICIENCIES 对人类生殖性克隆和可遗传基因修改的管制。危险和缺陷
Pub Date : 2021-12-29 DOI: 10.47152/rkkp.59.3.2
Anđela Đukanović
Harms arising from reproductive cloning or inheritable genetic modifications, for the time being, seem significant. This is supported by the simple fact that the first cloned monkeys were short-lived or by the fact that inheritable genetic modifications still carry a high chance of getting “off-target” results, which could result in serious health problems. Inheritable genetic modifications, in particular, have a high therapeutic potential, and it is suggested that this technology’s comprehension is shifting from an absolute ban, to concerns over safety issues. International law can prove to be facilitative when it comes to deciding which new technology should be prohibited, restricted or allowed, having in mind possible consequences and the so-called phenomenon of reproductive tourism. Legally binding regulation of both technologies has proven challenging at the universal level. However, there has been some progress in Europe on that matter. Harms arising from inheritable genetic modifications seem even higher than in the case of reproductive cloning, since they have the potential to affect the whole of humanity, including future generations. The Criminal Code of Serbia and the Constitution of the Republic of Serbia prohibit reproductive cloning. However, the prohibition of inheritable genetic modifications on humans is not regulated explicitly in the Criminal Code of Serbia, making this technology seem more acceptable or less harmful.
从目前来看,生殖性克隆或可遗传的基因修改所造成的危害似乎是重大的。支持这一观点的简单事实是,第一批克隆猴子寿命很短,或者是可遗传的基因修改仍然很有可能产生“脱靶”结果,这可能导致严重的健康问题。尤其是可遗传的基因修饰,具有很高的治疗潜力,有人认为,对这项技术的理解正在从绝对禁止转变为对安全问题的担忧。考虑到可能的后果和所谓的生殖旅游现象,在决定应禁止、限制或允许哪些新技术时,国际法可以证明是有利的。事实证明,在全球范围内对这两种技术进行具有法律约束力的监管具有挑战性。然而,欧洲在这个问题上已经取得了一些进展。遗传基因改变所造成的危害似乎比生殖性克隆所造成的危害还要大,因为它们有可能影响全人类,包括子孙后代。《塞尔维亚刑法》和《塞尔维亚共和国宪法》禁止生殖性克隆。然而,塞尔维亚的《刑法》没有明确规定禁止对人类进行遗传修饰,这使得这项技术似乎更容易被接受或危害更小。
{"title":"REGULATION OF REPRODUCTIVE CLONING AND INHERITABLE GENETIC MODIFICATIONS ON HUMANS - PERILS AND DEFICIENCIES","authors":"Anđela Đukanović","doi":"10.47152/rkkp.59.3.2","DOIUrl":"https://doi.org/10.47152/rkkp.59.3.2","url":null,"abstract":"Harms arising from reproductive cloning or inheritable genetic modifications, for the time being, seem significant. This is supported by the simple fact that the first cloned monkeys were short-lived or by the fact that inheritable genetic modifications still carry a high chance of getting “off-target” results, which could result in serious health problems. Inheritable genetic modifications, in particular, have a high therapeutic potential, and it is suggested that this technology’s comprehension is shifting from an absolute ban, to concerns over safety issues. International law can prove to be facilitative when it comes to deciding which new technology should be prohibited, restricted or allowed, having in mind possible consequences and the so-called phenomenon of reproductive tourism. Legally binding regulation of both technologies has proven challenging at the universal level. However, there has been some progress in Europe on that matter. Harms arising from inheritable genetic modifications seem even higher than in the case of reproductive cloning, since they have the potential to affect the whole of humanity, including future generations. The Criminal Code of Serbia and the Constitution of the Republic of Serbia prohibit reproductive cloning. However, the prohibition of inheritable genetic modifications on humans is not regulated explicitly in the Criminal Code of Serbia, making this technology seem more acceptable or less harmful.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81988225","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: 1
INTERNATIONAL LAW STANDARDS REGARDING SUBSTANTIVE PETTY OFFENCES LAW 关于实质性轻罪法的国际法标准
Pub Date : 2021-12-29 DOI: 10.47152/rkkp.59.3.3
Maciej Iwański
This article attempts to identify and analyse, in the light of the provisions of the acts of international law, the following issues belonging to the substantive part of the law on petty offences: the general problem of criminalization in petty offenses law and; the question of the criminal nature of the law of petty offenses, and thus the application of individual provisions to it and the resulting guarantees appropriate to that law; the application of the principle of guilt on the basis of the analysed regulations as a premise for assigning liability; the principle of ne bis in idem; the principle of nullum crimen nulla poena sine lege, especially in so far as it derives from the principle of lex mitior retro agit.
本文试图根据国际法行为的规定,确定和分析属于轻罪法实质部分的下列问题:轻罪法中的刑事定罪的一般问题和;轻微罪行法的刑事性质问题,从而个别条款对该法的适用问题,以及由此产生的与该法相适应的保障问题;在分析规则基础上的罪责原则的适用作为责任分配的前提一事不议原则;法无明文不为罪原则,尤指它源于既犯旧法原则
{"title":"INTERNATIONAL LAW STANDARDS REGARDING SUBSTANTIVE PETTY OFFENCES LAW","authors":"Maciej Iwański","doi":"10.47152/rkkp.59.3.3","DOIUrl":"https://doi.org/10.47152/rkkp.59.3.3","url":null,"abstract":"This article attempts to identify and analyse, in the light of the provisions of the acts of international law, the following issues belonging to the substantive part of the law on petty offences: the general problem of criminalization in petty offenses law and; the question of the criminal nature of the law of petty offenses, and thus the application of individual provisions to it and the resulting guarantees appropriate to that law; the application of the principle of guilt on the basis of the analysed regulations as a premise for assigning liability; the principle of ne bis in idem; the principle of nullum crimen nulla poena sine lege, especially in so far as it derives from the principle of lex mitior retro agit.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85602932","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
SENTENCING SCOPES (RANGES) IN THE CRIMINAL CODE OF MONTENEGRO AND THE SENTENCING POLICY 黑山刑法中的量刑范围(范围)和量刑政策
Pub Date : 2021-11-05 DOI: 10.47152/rkkp.59.2.6
Darko Radulović
The fixing of sentence is one of the most important issues in both criminal law theory and practice. In a certain sense, all provisions of the criminal legislation are embodied precisely in the fixing of sentence. The fixing of sentence depends on the manner in which the legal sentencing scopes have been set normatively. This paper is dedicated to the analysis of the sentencing ranges in the Criminal Code of Montenegro. It first discusses the three systems of imposition of a sentence of imprisonment, and then the different models of sentencing scopes (closed, open and semi-open). This is followed by a presentation of the prevalence of said models in the criminal legislation of Montenegro in terms of the normative determination of individual sanctions in a separate part of the Criminal Code and its practical application. There is also an examination of the relationship between the legislative sentencing policy and the judicial sentencing policy.
刑罚定刑是刑法理论和实践中最重要的问题之一。从某种意义上说,刑事立法的各项规定都体现在量刑上。量刑的确定取决于法定量刑范围的规范设定方式。本文对黑山刑法中的量刑范围进行了分析。首先论述了三种徒刑量刑制度,然后论述了不同的量刑范围模式(封闭式、开放式和半开放式)。然后介绍上述模式在黑山刑事立法中的普遍情况,即在《刑法》的一个单独部分中对个人制裁的规范性确定及其实际适用。本文还对立法量刑政策与司法量刑政策的关系进行了考察。
{"title":"SENTENCING SCOPES (RANGES) IN THE CRIMINAL CODE OF MONTENEGRO AND THE SENTENCING POLICY","authors":"Darko Radulović","doi":"10.47152/rkkp.59.2.6","DOIUrl":"https://doi.org/10.47152/rkkp.59.2.6","url":null,"abstract":"The fixing of sentence is one of the most important issues in both criminal law theory and practice. In a certain sense, all provisions of the criminal legislation are embodied precisely in the fixing of sentence. The fixing of sentence depends on the manner in which the legal sentencing scopes have been set normatively. This paper is dedicated to the analysis of the sentencing ranges in the Criminal Code of Montenegro. It first discusses the three systems of imposition of a sentence of imprisonment, and then the different models of sentencing scopes (closed, open and semi-open). This is followed by a presentation of the prevalence of said models in the criminal legislation of Montenegro in terms of the normative determination of individual sanctions in a separate part of the Criminal Code and its practical application. There is also an examination of the relationship between the legislative sentencing policy and the judicial sentencing policy.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"70 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86260272","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
CHALLENGES OF APPLICATION AND INTERPRETATION OF REGULATIONS IN THE PRACTICE OF MISDEMEANOR COURTS 轻罪法庭实践中法规适用与解释的挑战
Pub Date : 2021-11-05 DOI: 10.47152/rkkp.59.2.5
M. Jeličić
The author analyzes the always current issue of application and interpretation of regulations in the practice of misdemeanor courts. The scope and complexity of the matter in which misdemeanor courts act is pointed out, but also the fact that shortcomings in the regulation of regulations represent a major problem in court practice. The subject of the author's interest are the basic principles of application of law as the basic activity of misdemeanor courts, which is why the structure of the legal norm and the distinction between factual and legal issues are considered. Then, the notion of court interpretation of regulations was analyzed and attention was drawn to the dangers of applying the analogy in substantive misdemeanor law. The author considered the issues of court interpretation of regulations which provide for the objective responsibility of a natural person and different interpretations of regulations as the cause of uneven court practice. Numerous court decisions listed in the paper served as a basis to point out the importance of court interpretation of legal institutes for misdemeanor liability. Through the theoretical aspect and rich case law, the author analyzed some controversial issues and offered solutions to the problem, concluding that judges of misdemeanor courts in their daily work have great challenges related to the application and interpretation of regulations.
笔者分析了在轻罪法院实践中一直存在的规则适用与解释问题。本文指出了轻罪法院行为的范围和复杂性,但也指出了规则规范方面的缺陷是法院实践中的一个主要问题。笔者感兴趣的主题是作为轻罪法院基本活动的法律适用的基本原则,这就是为什么要考虑法律规范的结构和事实问题与法律问题的区分。然后,分析了法院解释规则的概念,并指出了在实体轻罪法中应用这一类比的危险性。笔者认为,法院对规定自然人客观责任的规定的解释问题以及对规定的不同解释是导致法院实践参差不齐的原因。本文列举了大量的法院判决,以此为依据,指出法律机构对轻罪责任进行法院解释的重要性。笔者通过理论方面和丰富的判例法,分析了一些有争议的问题,并提出了解决问题的方法,得出结论,轻罪法院法官在日常工作中面临着很大的挑战,涉及到法规的适用和解释。
{"title":"CHALLENGES OF APPLICATION AND INTERPRETATION OF REGULATIONS IN THE PRACTICE OF MISDEMEANOR COURTS","authors":"M. Jeličić","doi":"10.47152/rkkp.59.2.5","DOIUrl":"https://doi.org/10.47152/rkkp.59.2.5","url":null,"abstract":"The author analyzes the always current issue of application and interpretation of regulations in the practice of misdemeanor courts. The scope and complexity of the matter in which misdemeanor courts act is pointed out, but also the fact that shortcomings in the regulation of regulations represent a major problem in court practice. The subject of the author's interest are the basic principles of application of law as the basic activity of misdemeanor courts, which is why the structure of the legal norm and the distinction between factual and legal issues are considered. Then, the notion of court interpretation of regulations was analyzed and attention was drawn to the dangers of applying the analogy in substantive misdemeanor law. The author considered the issues of court interpretation of regulations which provide for the objective responsibility of a natural person and different interpretations of regulations as the cause of uneven court practice. Numerous court decisions listed in the paper served as a basis to point out the importance of court interpretation of legal institutes for misdemeanor liability. Through the theoretical aspect and rich case law, the author analyzed some controversial issues and offered solutions to the problem, concluding that judges of misdemeanor courts in their daily work have great challenges related to the application and interpretation of regulations.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88905562","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
MARGINAL NOTES TO THE PROVISIONS OF THE CRIMINAL PROCEDURE CODE ON THE HEARING FOR THE IMPOSITION OF CRIMINAL SANCTIONS 《刑事诉讼法》关于对实施刑事制裁进行听证的规定的旁注
Pub Date : 2021-11-05 DOI: 10.47152/rkkp.59.2.1
Emir A. Ćorović
The article refers to the hearing for imposing a criminal sanction, as a simplified procedural form provided by the Serbian Criminal Procedure Code. It is an institute which in comparative legislation is usually called a penal order. The paper critically considers the regulation of this procedural form, and at the end are given some proposals de lege ferenda.
该条提到为施加刑事制裁而进行听证,这是《塞尔维亚刑事诉讼法》规定的一种简化程序形式。这种制度在比较法中通常称为刑罚令。本文对这一程序形式的规定进行了批判性的思考,并在最后提出了一些法律上的建议。
{"title":"MARGINAL NOTES TO THE PROVISIONS OF THE CRIMINAL PROCEDURE CODE ON THE HEARING FOR THE IMPOSITION OF CRIMINAL SANCTIONS","authors":"Emir A. Ćorović","doi":"10.47152/rkkp.59.2.1","DOIUrl":"https://doi.org/10.47152/rkkp.59.2.1","url":null,"abstract":"The article refers to the hearing for imposing a criminal sanction, as a simplified procedural form provided by the Serbian Criminal Procedure Code. It is an institute which in comparative legislation is usually called a penal order. The paper critically considers the regulation of this procedural form, and at the end are given some proposals de lege ferenda.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"454 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79735977","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
SAFETY MEASURE OF MANDATORY TREATMENT FREEDOM OF ALCOHOLICS (STANDARD AND PRACTICE) 强制治疗酗酒者自由的安全措施(标准和做法)
Pub Date : 2021-11-05 DOI: 10.47152/rkkp.59.2.9
Slađana Mi, D. Mitrović
In accordance with modern understandings of criminal law science and solutions present in the comparative criminal legislation, the Criminal Code of the Republic of Serbia pays special attention to security measures as special and above all specific criminal sanctions. They are one of the four types of criminal sanctions provided for in this legal text. Among the eleven security measures, four are of a medical nature and they differ in a number of features, not only in relation to other criminal sanctions, but also other security measures. One of the medical safety measures is the obligatory treatment of alcoholics. There are a number of specifics of this security measure, and one of them is its manner of execution. Given this, the subject of analysis in the paper are two aspects of the safety measure of compulsory treatment of alcoholics. These are: normative and practical. The justification of this approach in the analysis of the subject matter is contained in the fact that only adequately performed and this security measure is in the function of its standardization - the function of eliminating conditions or conditions that may affect the perpetrator in the future does not commit crimes due to alcohol dependence. to the expression of criminal acts of violence that are increasingly present in the total mass of crime.
根据对刑法科学的现代理解和比较刑法中提出的解决办法,塞尔维亚共和国《刑法》特别重视安全措施,将其作为特别的、首先是具体的刑事制裁。它们是本法律案文规定的四种刑事制裁之一。在11项安全措施中,有4项是医疗性质的,它们不仅与其他刑事制裁有关,而且与其他安全措施有关,在许多方面都有所不同。医疗安全措施之一是对酗酒者的强制治疗。这种安全措施有很多细节,其中之一就是它的执行方式。鉴于此,本文主要从两个方面对强制戒毒的安全措施进行分析。它们是:规范性和实用性。在对问题的分析中,这种做法的理由在于,只有充分执行和这种安全措施才能发挥其标准化的作用——消除可能影响犯罪者未来的条件或条件的作用——才不会因酒精依赖而犯罪。暴力犯罪行为的表现在整个犯罪群体中越来越多地出现。
{"title":"SAFETY MEASURE OF MANDATORY TREATMENT FREEDOM OF ALCOHOLICS (STANDARD AND PRACTICE)","authors":"Slađana Mi, D. Mitrović","doi":"10.47152/rkkp.59.2.9","DOIUrl":"https://doi.org/10.47152/rkkp.59.2.9","url":null,"abstract":"In accordance with modern understandings of criminal law science and solutions present in the comparative criminal legislation, the Criminal Code of the Republic of Serbia pays special attention to security measures as special and above all specific criminal sanctions. They are one of the four types of criminal sanctions provided for in this legal text. Among the eleven security measures, four are of a medical nature and they differ in a number of features, not only in relation to other criminal sanctions, but also other security measures. One of the medical safety measures is the obligatory treatment of alcoholics. There are a number of specifics of this security measure, and one of them is its manner of execution. Given this, the subject of analysis in the paper are two aspects of the safety measure of compulsory treatment of alcoholics. These are: normative and practical. The justification of this approach in the analysis of the subject matter is contained in the fact that only adequately performed and this security measure is in the function of its standardization - the function of eliminating conditions or conditions that may affect the perpetrator in the future does not commit crimes due to alcohol dependence. to the expression of criminal acts of violence that are increasingly present in the total mass of crime.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85353731","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