1. Ljubljana-The Hague Convention in the context of cross-border gathering of evidenceJan Stajnko, 2025, published scientific conference contribution Abstract: On the 26 May 2023, the Convention on International Co¬ operation in the Investigation and Prosecution of Genocide, Crimes against Humanity, War Crimes and other International Crimes was adopted in Ljubljana, Slovenia. This contribution focuses on how the Convention closes the existing practical and legal gap hampering cross-border gathering of evi¬ dence in investigations focusing on core international crime. To this end, the drafting process and goals of the Convention are briefly outlined, before the author dissects its general provisions related to each phase of a request for mutual legal assistance: issuing of the request, its transmission to the execut¬ ingauthority, grounds for its refusal, and the execution phase (including the speciality principle and sharing of evidence via CICED). The Convention also contains some particularly detailed rules regarding specific requested for in¬ vestigation measures. Clauses on hearings by video-conference and joint in¬ vestigation teams are particularly well developed and therefore analysed by the author. However, even particularly well thought out provisions can only reach their potential if the Convention is signed by a sufficient number of states willing to end impunity for core international crime. The author argues that, beyond these considerations, for WB states, supporting the Convention is also in line with the Western Balkans Criminal Justice initiative promoted by Eurojust. He concludes that, by signing the Convention, any state sends a strong signal to the EU and its citizens that is aligned with European values.
Keywords: MLA Initiative, core international crime, mutual legal assistance, international criminal law, mla convention
Published in DKUM: 16.10.2025; Views: 0; Downloads: 1
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2. Some thoughts about Francesca Albanese's expert lecture "Legal aspects of human rights violations and the Geneva Conventions in the occupied Palestinian territories" held in Maribor, SloveniaJan Stajnko, 2025, polemic, discussion, commentary Abstract: On 8 July 2025, the Department of Criminal Law, Faculty of Law at the University of Maribor, hosted Francesca Albanese, the international law expert and UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967. In this contribution, the views shared at her expert lecture titled "Legal aspects of human rights violations and the Geneva Conventions in the occupied Palestinian territories" are outpined. Additionally, some concerns are raised regarding implications of Albanese's views for the EU criminal law, in particular the legislative framework aiming at harmonization of the so-called hate speech offences under the Framework Decision 2008/913/JHA.
Keywords: genocide, hate speech, denial, trivialising, international criminal law
Published in DKUM: 08.10.2025; Views: 0; Downloads: 1
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3. The rational limits of the criminalization of abortion – legal and social consequences of the restrictive approachOlga Sitarz, Michał Grudecki, 2022, original scientific article Abstract: This article aims to analyze a proposed amendment of 2021 to the Polish Criminal Code relating to abortion. The starting point for the considered legal solutions is the equalization of criminal law protection of human life before and after birth. This means that a termination of pregnancy is to be regarded as homicide, with all its attendant consequences. This article analyzes the legal implications arising from the proposed amendments both in relation to pregnant women and other persons (doctors, relatives and even employers of pregnant women). The far-reaching repressiveness of the future anti-abortion law that is rarely found in the modern world is demonstrated. The analysis is complemented with an attempt to diagnose the social consequences of the proposed amendments using historical and criminological texts concerning such situations in the past, as well as on the basis of sociological observations of current social trends. The authors believe that the proposed law will prove to be ineffective, and children (including unborn ones) will be maleficiaries rather than beneficiaries of the amendments in question.
Keywords: medicine law, criminal law, abortion, Poland
Published in DKUM: 08.09.2025; Views: 0; Downloads: 5
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4. Legal aspects of cyberwarfare and cyberwarfare crimes : criminal law analysis and dilemmas in the legal system of the European UnionMiha Šepec, 2024, independent scientific component part or a chapter in a monograph Abstract: The goal of this chapter is to analyse the substantive legal content regarding cyberwarfare attacks and crimes, present procedural measures of cooperation in criminal matters for the purpose of prosecuting such crimes, and examine European Union’s (EU) institutions for cooperation in such criminal matters. It should be emphasised that cyberwarfare does not have a single, clearly established legal definition. In most cases, cyberwarfare attacks refer to forms of cyberattacks that are already known, and which most EU Member States have already defined as criminal acts. The specifics of cyberwarfare are, thus, that it is connected with the army of an individual country, which then configures a military operation; and that the range and scope of the offence are significantly wider, as cyberwarfare attacks focuses on more important targets with significantly more repulsive motives, such as paralysing a country’s national security via attacks on its infrastructure and technological centres. The focus of the legal analysis is placed on the EU legislation and United Nations (UN) conventions, with particular interest on the legal definitions of terms connected to cyberwarfare (e.g. cyberattack, cyber espionage, and cyber-spying), understanding in which legal documents these terms are defined, and if these documents are legally binding to EU Member States. The study proves that cyberwarfare attacks are treated in the EU as crimes with a cross-border dimension of such nature and impact that they need special treatment, that is, they require a harmonising legislation at the EU level to prosecute such crimes more efficiently.
Keywords: cyberwarfare, cyberattack, defence policy, legal framework, criminal law, European Union
Published in DKUM: 29.08.2025; Views: 0; Downloads: 2
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5. Treatment of occupational health risks in criminal prosecution of abuse of prostitution in SloveniaNeža Kogovšek Šalamon, Tjaša Učakar, 2024, original scientific article Abstract: The paper explores how occupational and health rights of sex workers are dealt with by courts in criminal proceedings related to the crime of abuse of prostitution under Article 175 of the Slovenian Criminal Code. The authors find that judicial decisions on the crime of abuse of prostitution invariably include considerations regarding occupational health risks, access to health care, and the health rights of sex workers. The paper builds upon the authors’ previous research publications, where they established that in Slovenia, while the restrictive approach to dealing with prostitution prevails, elements of both repressive and integrative approaches are present. Stressing the health rights of sex workers constitutes an integrative approach to prostitution.
Keywords: sex work, prostitution, criminal law, health rights, occupational risks, exploitation
Published in DKUM: 28.08.2025; Views: 0; Downloads: 3
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6. Rule of law in Slovenia and within the criminal law – the impact of non-government organisations on criminal law legislationMiha Šepec, 2025, independent scientific component part or a chapter in a monograph Keywords: rule of law, principle of legality, legislative procedure, criminal law, sexual offences, judicial independence, legal accountability, fundamental rights, Slovenia
Published in DKUM: 27.08.2025; Views: 0; Downloads: 3
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7. Collected Papers of Thomas A. HellerThomas Allan Heller, 2025 Abstract: The monograph »Collected Papers of Thomas A. Heller« brings together the significant scholarly contributions of Thomas Heller, an esteemed American legal expert whose academic influence has resonated well beyond the borders of his home country. In his academic writings, Heller explored a broad spectrum of legal topics, reflecting both the depth of his expertise and the diversity of his intellectual interests. His work addressed important issues in criminal and civil procedure (such as attorney fees, remedies), topics that lie at the core of any legal system and continue to provoke scholarly debate. Particularly noteworthy are his contributions related to medical-legal issues such as medical malpractice, vaccination policies, and abortion law, mainly last analyzed through the lens of recent and landmark judicial decisions in the US. These topics are of enduring legal, ethical, and social significance. In addition, he also contributed to the field of English legal writing and composition, helping to clarify and elevate the standard of the English language.
Keywords: criminal and civil procedure, obligatory insurance, human rights, medical law, English language
Published in DKUM: 14.07.2025; Views: 0; Downloads: 7
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8. Medical error - should it be a criminal offence?Miha Šepec, 2018, original scientific article Abstract: Medicine is a risky profession where medical professionals have a duty to do anything in their power to help their patients. However, what if a doctor makes a grievous mistake that leads to the death but could have been avoided? Are moral responsibility and apology to patients´ family enough? Should we impose sanctions (civil or criminal) on the doctor who negligently caused the patients´ death? To answer this questions, we present arguments against criminalisation of medical error, where the strongest arguments are uncertainty of medical standards, counterproductive criminalisation seen in defensive medicine, using criminal law as the last resort, and the argument of doctor´s immunity. On the other hand, arguments for criminalisation are obvious negligent treatment with serious consequences, general prevention of future negligent conduct, sanitation of a medical system gone wrong, and the argument of privileged criminal offence. Our conclusion is that criminal law repression of medical malpractice or medical error is justified, however only in the most obvious cases of undisputed negligence or carelessness of a doctor, where his inappropriate conduct has led to a serious deterioration of health of a patient, which could have easily been avoided, if a doctor respected the practice and rules of medical science and profession.
Keywords: medical error, criminal law, criminal offence, medical malpractice, doctor, medical professional, negligent treatment
Published in DKUM: 09.10.2018; Views: 49056; Downloads: 269
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9. The legal nature of doctor patient relationship in Turkish medical lawYener Ünver, 2016, original scientific article Abstract: The article discusses the relationship between the physician and the patient through different branches of Turkish Law. The author explains the legal theory of physician (as self-employed as well as employed in hospital) – patient relationship in the limits of legislation and court practices, and gives special emphasis on contemporary open questions in Turkish Law. Special intentions is given also to criminal law, duty to inform, liability and consent. The author presents contemporary constitutional and supreme court decision relating to the Casarean, plastic surgery, burden of proof, compensations ...
Keywords: patient, physician, discrimination, criminal law, Turkish law
Published in DKUM: 08.10.2018; Views: 1079; Downloads: 171
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10. Criminal law dilemmas in withholding and withdrawal in intensive careDamjan Korošec, 2016, original scientific article Abstract: Regarding the question under which conditions a physician in Slovenia is allowed to omit life-prolonging medical treatment of dying patients, the main legal source is the Patient Rights Act, adopted in Slovenia in 2008 (parallel to Criminal Code of Slovenia). Under this law, there are two possible circumstances in deciding about life-prolonging medical treatment regarding dying patients: a) on the basis of the so-called patient's testament in the sense of Art. 34 of the Patient Rights Act; and b) without any known patient's testament in the sense of Art. 34 of the Patient Rights Act. Such decisions can also be contrary to a decisive wish of relatives of the dying patient to prolong the patientʼs life under all circumstances. If this decision is reached with full respect of the Patient Rights Act as well as the rules of medical science, omitting life prolonging medical treatment cannot be unlawful in the sense of medical criminal law.
Keywords: substantive criminal law, omission, life prolonging, medical treatment, Slovenia
Published in DKUM: 08.10.2018; Views: 926; Downloads: 170
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