The paper focuses on the norms of Serbian Penal Code that incriminates personal data abuse. Starting with a brief overview of personal data legislation in Serbia, the author states that legal protection of data is guaranteed through constitutional (former federal and republic and the current Constitution) and provisions of Data Protection Law (three Laws were adopted and implemented since 1998), but also with criminal law norms. However, the quality and the implementation of mentioned criminal law provisions is questionable. The author analyses different crimes and notes that certain norms are incoherent with other relevant legislative provisions. The author points to incoherent provisions and provides recommendations de lege ferenda, concluding that legislative changes are needed in order to construct a solid legal framework for personal data protection in domestic Criminal law.
{"title":"PERSONAL DATA PROTECTION IN CRIMINAL LAW","authors":"Mladen Milošević","doi":"10.47152/rkkp.59.2.7","DOIUrl":"https://doi.org/10.47152/rkkp.59.2.7","url":null,"abstract":"The paper focuses on the norms of Serbian Penal Code that incriminates personal data abuse. Starting with a brief overview of personal data legislation in Serbia, the author states that legal protection of data is guaranteed through constitutional (former federal and republic and the current Constitution) and provisions of Data Protection Law (three Laws were adopted and implemented since 1998), but also with criminal law norms. However, the quality and the implementation of mentioned criminal law provisions is questionable. The author analyses different crimes and notes that certain norms are incoherent with other relevant legislative provisions. The author points to incoherent provisions and provides recommendations de lege ferenda, concluding that legislative changes are needed in order to construct a solid legal framework for personal data protection in domestic Criminal law.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89841113","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}
Every human activity, regardless of its nature, type and other specifics, strives to achieve the highest possible efficiency. In that sense, it is necessary to observe the tendency of the efficiency of criminal proceedings in terms of clarifying and resolving certain criminal matters, as well as making a court decision. The efficiency of the criminal procedure is directly manifested and articulated through the criminal procedure activities that are undertaken by the criminal procedure subjects during the realization of the criminal procedure task. The intention of the authors is to recognize, identify and emphasize the key or most important aspects of the qualitative component in the work of the main and secondary criminal procedure subjects on which the efficiency of the criminal procedure directly depends. Also, attention and interest are focused on the mutual relationship, interaction and opposition of two tendencies, namely tendencies of efficiency of criminal procedure and tendencies of protection of basic human rights and freedoms with special reference to meeting the standard of proof in different phases of undertaking criminal proceedings.
{"title":"QUALITATIVE COMPONENT IN THE WORK OF PROCEDURAL ENTITIES AS A FACTOR OF EFFICIENCY OF CRIMINAL PROCEEDINGS IN BOSNIA AND HERZEGOVINA","authors":"S. Karović, Marina M. Simović","doi":"10.47152/rkkp.59.2.3","DOIUrl":"https://doi.org/10.47152/rkkp.59.2.3","url":null,"abstract":"Every human activity, regardless of its nature, type and other specifics, strives to achieve the highest possible efficiency. In that sense, it is necessary to observe the tendency of the efficiency of criminal proceedings in terms of clarifying and resolving certain criminal matters, as well as making a court decision. The efficiency of the criminal procedure is directly manifested and articulated through the criminal procedure activities that are undertaken by the criminal procedure subjects during the realization of the criminal procedure task. The intention of the authors is to recognize, identify and emphasize the key or most important aspects of the qualitative component in the work of the main and secondary criminal procedure subjects on which the efficiency of the criminal procedure directly depends. Also, attention and interest are focused on the mutual relationship, interaction and opposition of two tendencies, namely tendencies of efficiency of criminal procedure and tendencies of protection of basic human rights and freedoms with special reference to meeting the standard of proof in different phases of undertaking criminal proceedings.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80931781","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}
Today, forensic voice identification is a powerful tool in the fight against crime, in situations where it is necessary to identify a suspect or to acquit an innocent person. In this type of expertise, multidisciplinary approach is applied in which several scientific disciplines are included - linguistics, phonetics, acoustics, psychology, mathematical statistics, law and criminalistics. The perpetrator’s voice is characterized by pitch, volume, timbre, or tone of the sound produced i.e., a series of individual characteristics that make each individual's voice, regardless of the variations expressed, suitable for identification. Some of these characteristics are natural features, determined by hereditary and physiological factors, and some are acquired habits. The aim of this paper is to present the most commonly used procedures and methods of analysis-assessment of voice and speech in order to identify persons as well as more modern approaches to the analysis of the speech signal.
{"title":"VOICE-BASED IDENTIFICATION AND CONTRIBUTION TO THE EFFICIENCY OF CRIMINAL PROCEEDINGS","authors":"Jadranka Otašević, Božidar Otašević","doi":"10.47152/rkkp.59.2.4","DOIUrl":"https://doi.org/10.47152/rkkp.59.2.4","url":null,"abstract":"Today, forensic voice identification is a powerful tool in the fight against crime, in situations where it is necessary to identify a suspect or to acquit an innocent person. In this type of expertise, multidisciplinary approach is applied in which several scientific disciplines are included - linguistics, phonetics, acoustics, psychology, mathematical statistics, law and criminalistics. The perpetrator’s voice is characterized by pitch, volume, timbre, or tone of the sound produced i.e., a series of individual characteristics that make each individual's voice, regardless of the variations expressed, suitable for identification. Some of these characteristics are natural features, determined by hereditary and physiological factors, and some are acquired habits. The aim of this paper is to present the most commonly used procedures and methods of analysis-assessment of voice and speech in order to identify persons as well as more modern approaches to the analysis of the speech signal.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88757286","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}
Statutory limitation is the base that leads to the expiration of a criminal sanction after a certain period of time. Since the statute of limitation is determined by the state through legal regulations, it means that in the end it represents a complete waiver of the state's right to punish due to the passage of time. Statute of limitation is given to a public, general social interest. When it comes to criminal sanctions against minors, then we say that educational measures do not become obsolete due to the expiration of a certain period of time from the finality of the decision on their imposition, which corresponds to the nature, character, content and purpose of this type of criminal sanctions. Then the following institutes are applied: a) suspension of execution and replacement of the imposed educational measure with another educational measure (Article 24 of the ZOMUKD) and b) re-decision on educational measures (Article 25 of the ZOMUKD). When it comes to an older juvenile who has been sentenced to juvenile imprisonment for a serious crime, the statute of limitation for the execution of that sentence is defined in the Article 33 of the ZOMUKD.
{"title":"STATUTORY OF LIMITATION FOR JUVENILE IMPRISONMENT","authors":"Dragan Blagić","doi":"10.47152/rkkp.59.2.8","DOIUrl":"https://doi.org/10.47152/rkkp.59.2.8","url":null,"abstract":"Statutory limitation is the base that leads to the expiration of a criminal sanction after a certain period of time. Since the statute of limitation is determined by the state through legal regulations, it means that in the end it represents a complete waiver of the state's right to punish due to the passage of time. Statute of limitation is given to a public, general social interest. When it comes to criminal sanctions against minors, then we say that educational measures do not become obsolete due to the expiration of a certain period of time from the finality of the decision on their imposition, which corresponds to the nature, character, content and purpose of this type of criminal sanctions. Then the following institutes are applied: a) suspension of execution and replacement of the imposed educational measure with another educational measure (Article 24 of the ZOMUKD) and b) re-decision on educational measures (Article 25 of the ZOMUKD). When it comes to an older juvenile who has been sentenced to juvenile imprisonment for a serious crime, the statute of limitation for the execution of that sentence is defined in the Article 33 of the ZOMUKD.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"54 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78365809","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 paper is the analysis of solutions that exist in Serbian and German criminal procedural law and refer to cases in which the public prosecutor in the field of petty crime is authorized to act towards adult perpetrators in accordance with the principle of opportunity of criminal prosecution. In relation to one variant of this principle, which implies conditional and temporary restraint of criminal prosecution, there is a distinct similarity in both mentioned legislations. However, with regard to the classic form of this procedural principle, which enables the public prosecutor to refrain prosecution for reasons of expediency, where he primarily values the public interest in prosecuting, there is a striking difference, because our criminal procedural law does not allow such a variant of the principle of opportunity of criminal prosecution. This difference is a consequence of a different criminal policy approach, because while in German criminal law the problem of petty crime is solved exclusively by procedural mechanisms, in Serbian criminal law, in addition to procedural law, there are also appropriate instruments in the substantive criminal law.
{"title":"CRIMINAL PROCEDURAL FORMS FOR SOLVING THE PROBLEM OF PETTY CRIME IN SERBIAN AND GERMAN LAW","authors":"Ivan Đokić, Dragana Čvorović","doi":"10.47152/rkkp.59.2.2","DOIUrl":"https://doi.org/10.47152/rkkp.59.2.2","url":null,"abstract":"The subject of the paper is the analysis of solutions that exist in Serbian and German criminal procedural law and refer to cases in which the public prosecutor in the field of petty crime is authorized to act towards adult perpetrators in accordance with the principle of opportunity of criminal prosecution. In relation to one variant of this principle, which implies conditional and temporary restraint of criminal prosecution, there is a distinct similarity in both mentioned legislations. However, with regard to the classic form of this procedural principle, which enables the public prosecutor to refrain prosecution for reasons of expediency, where he primarily values the public interest in prosecuting, there is a striking difference, because our criminal procedural law does not allow such a variant of the principle of opportunity of criminal prosecution. This difference is a consequence of a different criminal policy approach, because while in German criminal law the problem of petty crime is solved exclusively by procedural mechanisms, in Serbian criminal law, in addition to procedural law, there are also appropriate instruments in the substantive criminal law.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"12 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72397889","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 author presents the most significant decisions of the European Court of Human Rights regarding the right to marriage for members of the LGBT community. From the analyzed cases, we can follow the development of this right for members of the LGBT community, on the basis of which they were given the opportunity to conclude the so-called civil partnership. At the same time, the author's paper distinguishes between cases in which there has been a change of sex and, accordingly, certain problems with regard to the exercise of rights under Article 12 of the Convention.
{"title":"MEMBERS OF THE LGBT COMMUNITY UNDER ARTICLE 12 OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS","authors":"Darko Dimovski","doi":"10.47152/rkkp.59.2.10","DOIUrl":"https://doi.org/10.47152/rkkp.59.2.10","url":null,"abstract":"The author presents the most significant decisions of the European Court of Human Rights regarding the right to marriage for members of the LGBT community. From the analyzed cases, we can follow the development of this right for members of the LGBT community, on the basis of which they were given the opportunity to conclude the so-called civil partnership. At the same time, the author's paper distinguishes between cases in which there has been a change of sex and, accordingly, certain problems with regard to the exercise of rights under Article 12 of the Convention.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"36 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72491572","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}
Life imprisonment was introduced to Serbian Criminal legislation with the amendments of Criminal Code from 2019. These amendments replaced the former penalty of imprisonment from 30 to 40 years. Special attention was drawn by the fact that the new legislation allows the possibility of life imprisonment without the possibility of parole for committing certain crimes. This legal solution is considered not to be in accordance with the Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Still, the prohibition of parole was introduced to Serbian criminal law in 2013, with the adoption of the Law on the special measures for the prevention of crimes against sexual freedom towards minors. However, at that time the academic community did not give the attention it deserved to the justification of this prohibition, which by itself generates many concerns. That is why, when discussing the problematics of life imprisonment and parole, and its prohibition, one has to bear in mind the previously structured legal frame, as well as the concerns that such a prohibition creates, regardless of whether it not it relates to life imprisonment or timely limited imprisonment.
{"title":"DOŽIVOTNI ZATVOR I USLOVNI OTPUST U KRIVIČNOM PRAVU SRBIJE: NEKA PITANJA I DILEME","authors":"Emir Ćorović","doi":"10.47152/RKKP.59.1.1","DOIUrl":"https://doi.org/10.47152/RKKP.59.1.1","url":null,"abstract":"Life imprisonment was introduced to Serbian Criminal legislation with the amendments of Criminal Code from 2019. These amendments replaced the former penalty of imprisonment from 30 to 40 years. Special attention was drawn by the fact that the new legislation allows the possibility of life imprisonment without the possibility of parole for committing certain crimes. This legal solution is considered not to be in accordance with the Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Still, the prohibition of parole was introduced to Serbian criminal law in 2013, with the adoption of the Law on the special measures for the prevention of crimes against sexual freedom towards minors. However, at that time the academic community did not give the attention it deserved to the justification of this prohibition, which by itself generates many concerns. That is why, when discussing the problematics of life imprisonment and parole, and its prohibition, one has to bear in mind the previously structured legal frame, as well as the concerns that such a prohibition creates, regardless of whether it not it relates to life imprisonment or timely limited imprisonment.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80834877","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}
With their roots set deep in the tradition of many different cultures, carrying the mark of social stigma throughout the early ages of modern prison systems development, and finally, becoming fashion accessories inseparable from modern pop culture, tattoos obtain a rather specific meaning if made behind the prison walls. There are several reasons for that: their symbolism, the roles they have inside the prison community, their relation to criminal behaviour, their impact on offender’s re-socialization and re-offending as well as the health risks they cause. Having in mind the worldwide presence of this phenomenon and its local manifestations, the authors of this paper analyse its socio-genesis, taxonomy, functions and consequences as well as potential responses aimed at mitigating the negative impacts of prison tattoos on the life, health and reintegration of offenders.
{"title":"THE ROLE OF TATTOOS IN PRISON COMMUNITY","authors":"A. Batričević","doi":"10.47152/rkkp.58.3.1","DOIUrl":"https://doi.org/10.47152/rkkp.58.3.1","url":null,"abstract":"With their roots set deep in the tradition of many different cultures, carrying the mark of social stigma throughout the early ages of modern prison systems development, and finally, becoming fashion accessories inseparable from modern pop culture, tattoos obtain a rather specific meaning if made behind the prison walls. There are several reasons for that: their symbolism, the roles they have inside the prison community, their relation to criminal behaviour, their impact on offender’s re-socialization and re-offending as well as the health risks they cause. Having in mind the worldwide presence of this phenomenon and its local manifestations, the authors of this paper analyse its socio-genesis, taxonomy, functions and consequences as well as potential responses aimed at mitigating the negative impacts of prison tattoos on the life, health and reintegration of offenders.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76697710","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 paper, the authors analyse the legal nature of criminal procedure in Bosnia and Herzegovina, with the special emphasis on reform processes of criminal procedure legislation and adoption and acceptance of new legal solutions over the past two decades, acknowledging the aspiration for effectiveness and protection of basic human rights and freedoms. For the purpose of effective criminal procedure, it identifies the main and secondary actors in criminal proceedings whose role is crucial from the aspect of shedding light on and resolving a certain criminal matter, as well as issuing a judicial decision. To that end, the role and importance of those actors in taking procedural actions to carry out a criminal procedure task is emphasised for the purpose of understanding the legal nature, structure and course of the criminal procedure, and achieving the scope of legally prescribed rights of the suspect, that is, the defendant. In addition, special attention is paid to the specific procedural situation and status of an underage person in the criminal law as the perpetrator and injured parties in a criminal case, taking into account their age as the basis for the differentiation and protection in relation to adults.
{"title":"LEGAL NATURE AND MAIN PROCEDURAL DETERMINANTS OF CRIMINAL PROCEDURE IN BOSNIA AND HERZEGOVINA","authors":"S. Karović, Marina M. Simović","doi":"10.47152/rkkp.58.3.4","DOIUrl":"https://doi.org/10.47152/rkkp.58.3.4","url":null,"abstract":"In this paper, the authors analyse the legal nature of criminal procedure in Bosnia and Herzegovina, with the special emphasis on reform processes of criminal procedure legislation and adoption and acceptance of new legal solutions over the past two decades, acknowledging the aspiration for effectiveness and protection of basic human rights and freedoms. For the purpose of effective criminal procedure, it identifies the main and secondary actors in criminal proceedings whose role is crucial from the aspect of shedding light on and resolving a certain criminal matter, as well as issuing a judicial decision. To that end, the role and importance of those actors in taking procedural actions to carry out a criminal procedure task is emphasised for the purpose of understanding the legal nature, structure and course of the criminal procedure, and achieving the scope of legally prescribed rights of the suspect, that is, the defendant. In addition, special attention is paid to the specific procedural situation and status of an underage person in the criminal law as the perpetrator and injured parties in a criminal case, taking into account their age as the basis for the differentiation and protection in relation to adults.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82419846","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 last few years we are witnesses of strong development of drones’ capacity not only for military purposes but also for civilian use, particularly for police surveillance, investigations, arrests and search and rescue operations. Up until now not even United States of America adopted unified laws considering the use of drones and their impact on privacy but it is obvious that legal, administrative and justice framework for balancing these two conflicted interests and demands will soon be developed. This article will give the review of legal problems and solutions from literature covering countries which are the leaders in this field of technology and law.
{"title":"REGULATING THE NON-MILITARY USE OF DRONES AND PROTECTION OF PRIVACY","authors":"Adnan Duraković, Sabina Duraković","doi":"10.47152/rkkp.58.3.3","DOIUrl":"https://doi.org/10.47152/rkkp.58.3.3","url":null,"abstract":"In last few years we are witnesses of strong development of drones’ capacity not only for military purposes but also for civilian use, particularly for police surveillance, investigations, arrests and search and rescue operations. Up until now not even United States of America adopted unified laws considering the use of drones and their impact on privacy but it is obvious that legal, administrative and justice framework for balancing these two conflicted interests and demands will soon be developed. This article will give the review of legal problems and solutions from literature covering countries which are the leaders in this field of technology and law.","PeriodicalId":85724,"journal":{"name":"The Journal of criminal law, criminology, and police science","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83599040","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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