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1.
Criminal justice and security in Central and Eastern Europe
2021, druge monografije in druga zaključena dela

Opis: Conference proceedings consist of abstracts of conference papers presented at the 13th international biennial conference on Criminal Justice and Security in Central and Eastern Europe organised by the Faculty of Criminal Justice ans Security of the University of Maribor, Slovenia. The conference was held online between 13 and 15 September 2021. A lead topic of the conference is rural criminology and perspectives such as deviance, crime and social control activities, and provision of safety ans security. At the conference, 68 papers were presented by 116 authors from 22 countries. A celebration of the 25th anniversary of the international biennial conference took place. The conference proves an active and fruitfull international research activities of the Faculty of Criminal Justice and Security of the University of Maribor.
Ključne besede: criminal justice, criminal justice and security studies, criminology, conference, Central and Eastern Europe. rural criminology
Objavljeno: 13.08.2021; Ogledov: 84; Prenosov: 14
.pdf Celotno besedilo (6,61 MB)
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2.
Immunity of Heads of State and High-Ranking State Officials for International Crimes
Admir Muratović, 2021, magistrsko delo

Opis: The present thesis is devoted to the immunity of Heads of State and high-ranking State officials, generally meaning the Heads of Government, and the Foreign Ministers, before the national and international courts, for international crimes as codified in the Rome Statute of the International Criminal Court (ICC), namely the crime of genocide, crimes against humanity, war crimes and the crime of aggression, with partial touch upon the crime of torture as well. The introductory part lays out the prosecution of State officials throughout the history all the way to the World War II, the Nuremberg and Tokyo Trials, and the developments in the decades post-World War II, with the eventual establishment of the ICC. Afterwards, the definitions and list of international crimes are discussed. Following the arguments for the rationale behind immunity and the correlation between immunity and jurisdiction, I elaborate on the various types of immunity, such as State immunity – and its subcategories personal and functional immunities – and diplomatic immunity. Thereby, I discuss at length the range of seemingly outstanding questions relating to, e.g., the scope of State officials entitled to immunity ratione personae, whether the commission of international crimes constitute officials acts, whether the immunity of State precludes a lawsuit towards State for breaches of jus cogens norms by acts that qualify as acta jure imperii, whether the diplomatic immunity pertains to high-ranking State officials other than ambassadors and diplomatic agents, etc. The explanations of other, less debatable questions, such as the distinction between personal and functional immunities for international crimes before national courts, is also provided. In the following part, I analyse the immunity of the incumbent high-ranking State officials before international courts, with a particular focus set on the ICC and Article 27 of the Rome Statute. Emphasizing provisions concerning international cooperation and judicial assistance to the ICC, I bring up Article 98 of the Rome Statute as a counterweight to the rejection of immunity before the ICC, and consider the interplay between both, Articles 27 and 98. Another point of divergence here is the question of which States fall under the scope of the term ‘third State’ in Article 98 of the Rome Statute. Furthermore, the analysis of the Al-Bashir case is provided through the application of the United Nations (UN) Security Council Resolution 1593 (2005), as well as Articles 25 and 103 of the UN Charter. Additionally, I intend to provide a method of resolving some of the ambiguities stemming out of the seemingly contradicting Rome Statute provisions by applying the rules of treaty interpretation, in particular its subsidiary means, discerning the object and purpose of the Rome Statute through the lenses of its Preamble. In the final part, I have sought out various other concepts that could supersede the immunity of high-ranking State officials for international crimes, including the jus cogens international crime exception to immunity, the obligation aut dedere aut judicare, and the universal jurisdiction.
Ključne besede: State immunity, immunity ratione personae, immunity ratione materiae, Heads of State, high-ranking State officials, international crimes, international courts, International Criminal Court (ICC), Rome Statute, Al-Bashir case, UN Security Council
Objavljeno: 23.07.2021; Ogledov: 223; Prenosov: 35
.pdf Celotno besedilo (998,44 KB)

3.
Selected aspects of human life in civil and criminal law
2021, zbornik

Opis: The scientific monograph 'Selected aspects of human life in civil and criminal law' comprises ten contributions. The authors analyse various aspects of the meaning of human life in the light of selected topics in civil and criminal law. The Slovenian and Turkish authors, aware of the importance and sensitivity of the overarching theme of the scientific monograph, provide an analysis of selected pressing topics (e.g. honour killing, disinheritance, crimes against life and limb, vulnerability of certain social groups (elder persons)) in the light of both national, as well as of international regulation and relevant case-law. The scientific monograph thus provides the reader with an insight into historical, current and future aspects of human life.
Ključne besede: right to life, discrimination, honor killing, criminal offences against life, marriage
Objavljeno: 25.05.2021; Ogledov: 138; Prenosov: 6
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4.
Eroded rule of law, endemic violence and social injustice in Brazil
Mitja Kovač, Marcela Neves Bezerra, 2020, izvirni znanstveni članek

Ključne besede: Brazil, human rights, criminal, legislation
Objavljeno: 15.01.2021; Ogledov: 133; Prenosov: 0

5.
The analysis of active bribery in positive criminal law of Germany and Austria
Mijo Galiot, 2017, izvirni znanstveni članek

Opis: The criminal policy of preventing the commission of crimes, especially corruption and bribery, is of great importance for every regulated legal system. The success of the named policy depends largely on the overall political and economic development of each country. In support of the existing scientific debate, this paper analyses the positive criminal law regulation of the Federal Republic of Germany and the Republic of Austria with regard to the question of active bribery as one of the main forms of corrupt behaviour. The author will comparatively present the German and Austrian criminal systems, which, same as the Croatian, belong to European continental criminal legal system, and will thus address the fundamental similarities and differences between the legal regulations of active bribery within the named legislations.
Ključne besede: benefit, corruption, active bribery, prosecution, punishment, criminal sanctions
Objavljeno: 15.01.2021; Ogledov: 62; Prenosov: 6
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6.
The criminal offense of abuse of position or trust in business activity and the limits of free economic initiative
Zlatko Dežman, 2017, izvirni znanstveni članek

Opis: The criminal offense of abuse of position or trust in business activity within the meaning of the Slovenian Criminal Code is the most common criminal offense against the economy. To adequately assess such an offense it is essential to clarify at the very beginning of the criminal proceedings that all preliminary questions have their origin in the field of civil, corporative and commercial law. In other words, the difficulty of problem solving for such cases in later stages of the process only intensifies, as the decision-making process becomes more and more difficult and can cause delays. And even in cases where the facts are undisputed, the whole issue concentrates primarily around the dispute regarding the issue of material criminal law. The purpose of this paper is to present the abovementioned issues, firstly from a more theoretical perspective on freedom of economic (business) initiative in a postmodern era, followed by a presentation of the criminal law subsystem dealing also with phenomena from the economic subsystem, and lastly by a presentation of the Slovenian Criminal Code in regards to prosecution and adjudication of economic crimes and its difficulties, specifically by using the example of the abovementioned offense.
Ključne besede: free economic initiative, criminal offense of abuse of position or trust in business activity, standard of good businessman, blanket criminal offense, factual questions, legal questions, legal description of the offense
Objavljeno: 15.01.2021; Ogledov: 111; Prenosov: 8
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7.
Analysis of the relationship between smart cities, policing and criminal investigation
Kaja Prislan, Boštjan Slak, 2018, izvirni znanstveni članek

Opis: Purpose: The main objective is to present the symbiosis between smart cities, policing, criminal investigation and criminal intelligence. Moreover, another purpose is to critically address the underlying privacy concerns arising from smart city designs. Design/Methods/Approach: The paper is theoretical in scope and utilises a literature review as the basic method. Correlations between smart cities, policing and criminal investigations are identified by analysing the applicability of core smart city technologies and services [SCTS]. Findings: It is evident that SCTS can influence policing styles and police effectiveness. SCTS hold great potential for criminal investigations and criminal intelligence as they provide information upon which police can develop investigations or crime-control strategies. Vice-versa, criminal investigations and criminal intelligence can provide guidelines for SCTS developers and the governance of smart cities. However, privacy concerns and the slowly developing regulatory framework remain the biggest issues when it comes to SCTS adoption, thus making measures to safeguard privacy a key factor for the legitimacy of smart cities and smart policing. Practical Implications: The paper introduces practical knowledge about the implications of smart cities for policing and crime investigation. Some research ideas are presented as well as suggestions for legislators, developers and others whose work area falls in the scope of (smart) city governance. Originality/Value: A comprehensive study of the symbiosis between smart cities and policing must not only consider the potential of SCTS but the related need to develop regulation and skillsets of human resources. Only a handful of papers address the connectivity of smart cities, criminal investigations and criminal intelligence from such a multidisciplinary scope. Therefore, the paper represents a contribution to works discussing these concepts.
Ključne besede: smart cities, safety and security provision, policing, criminal investigation, criminal intelligence
Objavljeno: 20.04.2020; Ogledov: 329; Prenosov: 28
.pdf Celotno besedilo (611,90 KB)
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8.
Possibilities of mediation in Republic of Serbia in cases of domestic violence
Nataša Mrvić-Petrović, Milan Počuča, 2015, pregledni znanstveni članek

Opis: Purpose: This paper analyses the theoretical, legislative and practical advantages and limitations of mediation as an alternative way of resolving the conflict between perpetrator and victim of domestic violence in Serbia. Starting from the premise that mediation in lighter cases of domestic violence is more preferred form of social reaction from the initiation of criminal proceedings; the authors analyse the legislation of the Republic of Serbia and point out that the mutual incompatibility of laws disables use of mediation in practice. Design/Methods/Approach: Based on acceptability of the concept of restorative justice, this scientific work analyses the advantages and limitations of mediation as an alternative way of resolving the conflict of the offender and the victim in cases of domestic violence. Authors use the comparative method, legal dogmatic method, case study method (examples for court practice in Serbia) and statistical data to examine the hypothesis that mediation may constitute a constructive way of resolving less violent conflicts within the family members and why is not enough applied in practice. Findings: Modern criminal political orientation of the “zero” tolerance of domestic violence, which was adopted in law in practice in Serbia is “blocking” use of mediation, which, in public opinion, is seen as an inadequate response to this crime. Results of the analysis show that the Serbian legislature opted for a punitive response and measures of restraining as most important mechanisms for the prevention of domestic violence. Research Limitations / Implications: These data provide insight into the marginal segment of the formal response to domestic violence in Serbia. Originality/Value: Few studies in Serbia comparing foreign experience and domestic social possibilities for the success of mediation in cases of domestic violence.
Ključne besede: alternative criminal sanction, mediation, domestic violence, Serbia
Objavljeno: 17.04.2020; Ogledov: 272; Prenosov: 14
.pdf Celotno besedilo (381,39 KB)
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9.
Trial by jury in Russia
Anna Gurinskaya, 2015, izvirni znanstveni članek

Opis: Purpose: The article explores the process of gradual legislative encroachment on the constitutional right to be tried by jury in Russia that had started in 2008 when offenders accused of committing terrorist crimes were denied the right to opt for the jury. The objective is to show how the initial use of the security argument made possible further limitations of this right. Design/Methods/Approach: The research is based upon qualitative analysis of documents (drafts of legal bills, explanatory notes to the drafts, minutes of the Parliamentary hearings), decisions of the Constitutional Court of the Russian Federation and judges’ dissenting opinions, statements of public officials, media reports. Findings: Jury trial that was once a cornerstone of the major judicial reform of the 1990-ies risks becoming a constitutional history artifact. The process of its curtailment came as a result of the inability of this institute to get adjusted to the realities of the Russian criminal process as well as of the need of the state to meet the challenges of the risk society. It is argued that the use of security argument allowed for the initial bill aimed at limiting this right for terrorists to be adopted swiftly and without much debate. It also opened the window of opportunity for further limitation of this right that came under vague agenda of victims’ protection and case review system reform. The author demonstrates that decisions of the Constitutional Court of Russia have played a significant role in promoting limitations of jury trials. Practical Implications: The approach used in the article can be applied to researching other cases of limiting citizens’ rights in the name of security. Originality/Value: The article represents an attempt to provide empirical evidence of the ‘security paradoxes’ described in the security literature.
Ključne besede: trial by jury, comparative criminal justice, Russian criminal justice, security, human rights, fair trial
Objavljeno: 16.04.2020; Ogledov: 301; Prenosov: 20
.pdf Celotno besedilo (359,02 KB)
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10.
Comparison of and demarcation between selected economic minor offences and economic criminal offences
Bojan Geršak, Borut Bratina, Andrej Srakar, 2015, izvirni znanstveni članek

Opis: Purpose: In the article, we are discussing demarcations between selected economic minor offences and selected economic criminal offences: Fraud in Securities Trading; Abuse of Insider Information; Disclosure and Unauthorised Acquisition of Trade Secrets. By now, this topic has been given virtually no attention in legal literature. Criminal law theory has mainly addressed only the question of which criteria to use in order to recognise criminal offences amongst all unlawful actions, while on the other hand, law of minor offences has generally focused strictly on less serious unlawful actions. However, in practice, a certain action can sometimes correspond to the definition of both a criminal offence and a minor offence. Consequently, it is of the essence that the statutory elements of a particular unlawful action are precisely defined and clearly demarcated. Only this can ensure legal certainty that should be guaranteed to everyone already on the basis of the Constitution of the Republic of Slovenia. A problem arises if the statutory elements of a criminal offence and a minor offence completely overlap, which leads to legal uncertainty. Design/Methods/Approach: The research is based on a quantitative investigation in the course of which we conducted a survey in order to test our assumption. First, we used basic one sided t tests on the data from section 1 questions to try our general assumption. Afterwards, we designed three sets of factors using factor analysis in order to use them on questions from sections 2–6, 7 and 8. In the last part, we took all the designed variables and some other basic information on respondents and used them in regression models for analysis of factors that affect the opinion on adequacy of Slovenian legislation regarding sanctioning and prosecution of economic crime. Findings: With the research, we wished to obtain new knowledge on the adequate demarcation between selected economic minor offences and selected criminal offences. In practice, it is material that statutory elements of a particular unlawful action are clearly defined. On the basis of our findings we propose elimination of legal vacuum in which the chosen legal articles for minor economic offences and criminal offences overlap. Research Limitations / Implications: Limitations of the present article mostly relate to the availability of data and the willingness of state agencies for cooperation in the research. This relates to the quality of primary and secondary data, particularly to the issues related with consistency in data collection and data accuracy (unwillingness of the respondents to complete the survey and the problems of time and sectorial consistency in the definitions of individual statistical variables). Practical Implications: Results of the study can provide recommendations for the consequent changes in the studied legislation and clearer demarcation of legal articles on the chosen economic and criminal offences with the purpose of strengthening of respective legal protection. Namely, this is the only way to ensure legal certainty that should be guaranteed to everyone on the basis of the Constitution of the Republic of Slovenia. Originality/Value: Value of this article is in the empirical demonstration and normative arrangement of a specific field of law, i.e., the legislation in the field of sanctioning and prosecution of economic crime.
Ključne besede: economic criminal offences, economic minor offences, demarcation, legal certainty, unlawful actions
Objavljeno: 16.04.2020; Ogledov: 278; Prenosov: 16
.pdf Celotno besedilo (669,18 KB)
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