{"title":"克罗地亚共和国的家庭杀人案:肇事者在进行采访时陈述的特点","authors":"Ksenija Butorac","doi":"10.19080/jfsci.2018.11.555808","DOIUrl":null,"url":null,"abstract":"Numerous foreign researchers [1-4]. but also researchers in the Republic of Croatia [5-9]. conducted a series of scientific researches primarily related to the criminological characteristics of homicides, family homicides, and homicide of intimate partners. Given that a number of authors were primarily concerned with the research of the criminological characteristics of family homicides, in this paper, apart from some criminological characteristics related to homicide perpetrators, it was also investigated how these perpetrators behaved in relation with their certain characteristics in the course of criminal investigation at the police station, or whether they admit or denounce the criminal offense they were charged during the interview. The manner in which they gave their statement to the police was interesting to investigate also due to the fact that a year ago, in Croatian criminal legislation, significant amendments took place in the context of the police officers’ handling of an interview with the suspect Namely, in the Republic of Croatia, the procedure of police officers during criminal investigation is standardized by the Criminal Procedure Act [10 ], the Police Duties and Powers Act [11] and the Code of Practice for Police Officers. The mentioned significant amendment in Croatian criminal legislation occurred in the last VII. Novella of Criminal Procedure Act. At that time, Directive 2013/48 / EU of the European Parliament and of the Council of the 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (hereinafter referred to as the Directive 2013/48 / EU) was transposed. Unlike the previous period in which the police conducted an informal interview with the suspect, the Article 208a of the Criminal Procedure Act formalizes the suspect’s questioning by police officers by determining the content of the summons to the suspect for questioning, the content of the instruction on his/her rights to be given before the questioning, clear warnings about the right to a lawyer, the course of questioning and its recording (audio-video recording), as well as the consequences of the violation of thus prescribed manner of suspect’s questioning Considering the new provisions of the Criminal Procedure Act, and taking into account that the practical aspect of informal investigative interview with the suspect is of Abstract","PeriodicalId":93024,"journal":{"name":"Journal of forensic sciences & criminal investigation","volume":"1 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2018-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Family Homicide in The Republic Of Croatia: Perpetrators’ Characteristics In Regard to Their Statement When Conducting The Interview\",\"authors\":\"Ksenija Butorac\",\"doi\":\"10.19080/jfsci.2018.11.555808\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Numerous foreign researchers [1-4]. but also researchers in the Republic of Croatia [5-9]. conducted a series of scientific researches primarily related to the criminological characteristics of homicides, family homicides, and homicide of intimate partners. Given that a number of authors were primarily concerned with the research of the criminological characteristics of family homicides, in this paper, apart from some criminological characteristics related to homicide perpetrators, it was also investigated how these perpetrators behaved in relation with their certain characteristics in the course of criminal investigation at the police station, or whether they admit or denounce the criminal offense they were charged during the interview. The manner in which they gave their statement to the police was interesting to investigate also due to the fact that a year ago, in Croatian criminal legislation, significant amendments took place in the context of the police officers’ handling of an interview with the suspect Namely, in the Republic of Croatia, the procedure of police officers during criminal investigation is standardized by the Criminal Procedure Act [10 ], the Police Duties and Powers Act [11] and the Code of Practice for Police Officers. The mentioned significant amendment in Croatian criminal legislation occurred in the last VII. Novella of Criminal Procedure Act. At that time, Directive 2013/48 / EU of the European Parliament and of the Council of the 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (hereinafter referred to as the Directive 2013/48 / EU) was transposed. Unlike the previous period in which the police conducted an informal interview with the suspect, the Article 208a of the Criminal Procedure Act formalizes the suspect’s questioning by police officers by determining the content of the summons to the suspect for questioning, the content of the instruction on his/her rights to be given before the questioning, clear warnings about the right to a lawyer, the course of questioning and its recording (audio-video recording), as well as the consequences of the violation of thus prescribed manner of suspect’s questioning Considering the new provisions of the Criminal Procedure Act, and taking into account that the practical aspect of informal investigative interview with the suspect is of Abstract\",\"PeriodicalId\":93024,\"journal\":{\"name\":\"Journal of forensic sciences & criminal investigation\",\"volume\":\"1 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2018-12-18\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of forensic sciences & criminal investigation\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.19080/jfsci.2018.11.555808\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of forensic sciences & criminal investigation","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.19080/jfsci.2018.11.555808","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Family Homicide in The Republic Of Croatia: Perpetrators’ Characteristics In Regard to Their Statement When Conducting The Interview
Numerous foreign researchers [1-4]. but also researchers in the Republic of Croatia [5-9]. conducted a series of scientific researches primarily related to the criminological characteristics of homicides, family homicides, and homicide of intimate partners. Given that a number of authors were primarily concerned with the research of the criminological characteristics of family homicides, in this paper, apart from some criminological characteristics related to homicide perpetrators, it was also investigated how these perpetrators behaved in relation with their certain characteristics in the course of criminal investigation at the police station, or whether they admit or denounce the criminal offense they were charged during the interview. The manner in which they gave their statement to the police was interesting to investigate also due to the fact that a year ago, in Croatian criminal legislation, significant amendments took place in the context of the police officers’ handling of an interview with the suspect Namely, in the Republic of Croatia, the procedure of police officers during criminal investigation is standardized by the Criminal Procedure Act [10 ], the Police Duties and Powers Act [11] and the Code of Practice for Police Officers. The mentioned significant amendment in Croatian criminal legislation occurred in the last VII. Novella of Criminal Procedure Act. At that time, Directive 2013/48 / EU of the European Parliament and of the Council of the 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (hereinafter referred to as the Directive 2013/48 / EU) was transposed. Unlike the previous period in which the police conducted an informal interview with the suspect, the Article 208a of the Criminal Procedure Act formalizes the suspect’s questioning by police officers by determining the content of the summons to the suspect for questioning, the content of the instruction on his/her rights to be given before the questioning, clear warnings about the right to a lawyer, the course of questioning and its recording (audio-video recording), as well as the consequences of the violation of thus prescribed manner of suspect’s questioning Considering the new provisions of the Criminal Procedure Act, and taking into account that the practical aspect of informal investigative interview with the suspect is of Abstract