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The issue of suggestibility in witness interviewing : graduation thesis
Tjaša Petek, 2014, undergraduate thesis

Abstract: The interviewing of witnesses, victims and suspects normally forms an essential part of a police investigation into criminal activities. There are various factors that affect accuracy in the eyewitness testimonies, one of which are suggestive interviewing techniques (Williamson, 2007). Suggestibility is a personality trait which is often referred to as a type of psychological vulnerability. Suggestibility can challenge the interviewee’s abilities to cope with the demands of the interview as well as the demands of following court procedures. It is due to these characteristics that suggestibility has an important impact on the outcome of the interview (Gudjonsson, 2010). As shown through the work of Ridley and Gudjonsson (2013), there are several varieties of suggestibility and the effects of suggestive influence should be taken extremely seriously during investigations. Our memories can be influenced and distorted in various ways because they are vulnerable and susceptible to decay, inner biases, social demands and expectations, leading questions, misleading information, conformity and mental disability. To support this, Bruck and Melnyk (2004) indicate that individual differences in the susceptibility to suggestibility make it harder to identify exactly where and when the effects of suggestibility are likely to manifest themselves. Reliable information about the types of people who are most likely to be tainted by suggestive interviewing has not been established yet and remains a subject for further research.
Keywords: suggestibility, witness interviews, criminal investigation, individual differences
Published: 06.11.2014; Views: 818; Downloads: 88
.pdf Full text (1,38 MB)

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5th traditional law conference of the University of Ljubljana, Faculty of Law, Özyegin University Istanbul, Faculty of Law, and University of Maribor, Faculty of Law: Corruption – a deviation or an inherent part of human society? Some legal considerations
2017, proceedings of peer-reviewed scientific conference contributions (international and foreign conferences)

Abstract: Corruption is a dishonest or unethical conduct by a person (also company, state…) entrusted with a position of authority, with the intention to acquire certain benefits or advantages. Nowadays, corruption is present in all states and societies, and could be widespread in all legal and human relations. Corruption is mostly associated with embezzlement, bribery, coercion, extortion, blackmail… Therefore, the corruption is mostly of illegal nature. International and national anti-corruption initiatives and actions pay special attention to the fields where the impact of corruption affects the most vulnerable groups of people. On the international level the most active role is played by Transparency International, an international organisation fighting against corruption.
Keywords: corruption, criminal law, human rights, illicit arms trafficking, family law
Published: 10.03.2017; Views: 517; Downloads: 23
.pdf Full text (1,76 MB)
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7.
Borders of communication privacy in Slovenian criminal procedure
Sabina Zgaga, 2015, original scientific article

Abstract: Due to fast technological development and our constant communication protection of communication privacy in every aspect of our (legal) life has become more important than ever before. Regarding protection of privacy in criminal procedure special emphasis should be given to the regulation of privacy in Slovenian Constitution and its interpretation in the case law of the Constitutional Court. This paper presents the definition of privacy and communication privacy in Slovenian constitutional law and exposes the main issues of communication privacy that have been discussed in the case law of the Constitutional Court in the last twenty years. Thereby the paper tries to show the general trend in the case law of Constitutional Court regarding the protection of communication privacy and to expose certain unsolved issues and unanswered challenges. Slovenian constitutional regulation of communication privacy is very protective, considering the broad definition of privacy and the strict conditions for encroachment of communication privacy. The case law of Slovenian Constitutional Court has also shown such trend, with the possible exception of the recent decision on a dynamic IP address. The importance of this decision is however significant, since it could be applicable to all forms of communication via internet, the prevailing form of communication nowadays. Certain challenges still lay ahead, such as the current proposal for the amendment of Criminal Procedure Act-M, which includes the use of IMSI catchers and numerous unanswered issues regarding data retention after the decisive annulment of its partial legal basis by the Constitutional Court.
Keywords: privacy, communication privacy, Constitution, criminal procedure, modern technology, Slovenia
Published: 06.07.2017; Views: 300; Downloads: 32
.pdf Full text (337,97 KB)
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8.
Criminal responsibility of students regarding using mobile devices and violating the principles of information security
Blaž Markelj, Sabina Zgaga, 2014, original scientific article

Abstract: The combination of information security and criminal law in the case of usage of smart mobile phones among the students is a very relevant and current topic. Namely, the number of smart mobile phones’ users is rising daily, including among the student population, due to the need for perpetual communication and constant access to information. However, the lack of knowledge about recommendations on information security and safe use of smart mobile phone together with their disregard could lead to criminal responsibility of the users of smart mobile phones, including students. The purpose of this paper is therefore to represent the potential consequences of criminal responsibility and how to avoid it. The knowledge on safe use of smart mobile phones, their software, but also threats and safety solutions is very low among students, as the survey shows. Due to the loss, conveyance or disclosure of protected data, criminal responsibility of a user could therefore be relevant. In certain cases the juvenile criminal justice system is partly still relevant due to the students’ age, whereas in every case the students' culpability should be assessed precisely. This assessment namely distinguishes the cases, when the student is a perpetrator of a criminal act from the cases, when the student is only a victim of a criminal act due to his improper use of smart mobile phones.
Keywords: mobile devices, information security, criminal responsibility, criminal act
Published: 06.07.2017; Views: 385; Downloads: 141
.pdf Full text (246,69 KB)
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9.
Arms trafficking
Sabina Zgaga, 2015, original scientific article

Abstract: The provision of arms for the commission of crimes is one of the typical forms of aiding and abetting. This article discusses arms trafficking as a form of aiding and abetting the commission of core crimes. It opens with a discussion of aiding and abetting as a form of complicity in the Rome Statute and the case law of the International Criminal Court. Furthermore, the article also analyses the regulation of legal arms trafficking in international and European law. Accordingly, the international criminal law further regulates illegal arms trafficking as an international crime and as complicity to core crimes. Therefore, the article first presents arms trafficking as an international crime and subsequently discusses arms trafficking as complicity in core crimes. The article concludes with a discussion on the regulation of arms trafficking in Slovene law, beginning with legal arms trafficking according to the Firearms Act-1 and ending with illegal arms trafficking as a crime.
Keywords: aiding and abetting, complicity, core crime, intent, arms trafficking, merger of offences, international criminal court
Published: 04.08.2017; Views: 350; Downloads: 36
.pdf Full text (700,22 KB)
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10.
A reflection on selected fear of crime factors in Ljubljana, Slovenia
Gorazd Meško, 2016, original scientific article

Abstract: Objective: to analysis the fear of crime factors according to the research carried out in 2009 in Ljubljana (Slovenia). Methods: dialectic, systemic, comparison, observation. Results: the analysis shows that the level of fear of crime has not changed significantly over the last two decades. The latest survey from 2009 implies that the influence of perceived probability of victimization in an emotional reaction is strongest among those who believe that consequences of victimization can be severe, and their own ability to defend from an assailant is low. Analyses have shown that the fear of crime is strongest in women and the elderly. Personal experiences with crime do not result in an increase in perceived probability of victimization, or influence fear of crime, nor do they affect the anticipation of seriousness of the potential consequences of victimization. The article contributes to reflections on fear of crime based on a literature and research review as well as utilization of new models of testing fear of crime factors. Scientific novelty: the research shows that the used model of fear of crime explains more variance (R² = .54) than other models used prior to this study (Slovenia, 2001, R² = .43; Croatia, 2002, R² = .43; Bosnia and Herzegovina, 2002, R² = .45) and imply some new findings and confirm findings from the previous surveys. The findings imply that the respondents in Ljubljana relate fear of crime to the impacts of different crimes on their lives. However, research did not confirm that the level of fear of individual crimes is proportional to their severity. It was found out that respondents feel the most threatened by robbery followed by assault. Practical significance: the article provides insight for crime control and prevention and will be useful for scientific and educational staff, policy makers, graduate and post-graduate students and all those interested in crime control and prevention.
Keywords: criminal law, criminology, fear of crime, factors, Slovenia, Ljubljana
Published: 08.08.2017; Views: 581; Downloads: 181
.pdf Full text (415,35 KB)
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