COVID-19大流行期间塞尔维亚共和国的刑事法律挑战

Ivan Đokić, Dragana Čvorović
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摘要

由新型冠状病毒病(COVID-19)蔓延引起的全球大流行,影响了整个地球,不仅造成了全球卫生危机,改变了世界大多数人口的日常生活方式,而且影响了国家和社会系统的几乎所有领域。卫生系统受到的影响最大;然而,除此之外,国家立法者或其他主管当局为消除或减少这种疾病传播风险而采取的措施的影响,除其他外,影响了经济稳定,但也对司法当局提出了挑战,因为在新的情况下,要确保司法当局的正常运作并不容易。鉴于案件的重要性和采取紧急行动的必要性,这主要是指刑事司法,因为必须确保审判的进行和所有程序实体的工作至少在一个时期内意味着对某些基本的公民权利和人权及自由的严格限制。在这方面,特别重要的是审查塞尔维亚共和国在紧急状态期间采取的措施的理由和合法性,这些措施的目的是在社会生活几乎完全瘫痪的情况下使司法系统或多或少正常运作。此外,还有一个问题是,在大流行病期间,刑法通常面临哪些挑战和有争议的问题,以及对塞尔维亚共和国自实行紧急状态以来和大流行病期间的犯罪率和总体犯罪情况的数据进行分析。
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Criminal legal challenges in Republic of Serbia during COVID-19 pandemic
The pandemic caused by the spread of the infectious disease COVID-19, which affected the entire planet, caused not only the global health crisis, changing the usual way of life of the majority of the world's population, but also affected almost all areas of the state and social system. The health systems were most affected; however, in addition to them, the effects of measures adopted by national legislators or other competent authorities to eliminate or reduce the risk of spreading the disease have affected, inter alia, economic stability, but also challenged the judicial authorities given that in the new circumstances it was not easy to ensure their normal functioning. This primarily refers to the criminal justice, given the importance of cases and the need for urgent action, since it is necessary to ensure the conduct of trials and the work of all procedural entities in conditions that, at least in one period, implied drastic restrictions on some basic civil and human rights and freedoms. In that context, it is especially important to review the justification and legality of the measures introduced in the Republic of Serbia during the state of emergency with the aim of more or less normal operation of the judicial system in conditions when social life was almost completely paralyzed. In addition, there is the question of what challenges and controversial issues are generally posed before criminal law in a pandemic, as well as the analysis of data on the crime rate and the overall crime situation in the Republic of Serbia in the period since the introduction of the state of emergency and during the pandemic.
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发文量
17
审稿时长
12 weeks
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