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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: 81; Prenosov: 11
.pdf Celotno besedilo (6,61 MB)
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2.
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: 19
.pdf Celotno besedilo (359,02 KB)
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3.
Victim-offender mediation and observance of procedural rights in the Macedonian juvenile justice system
Stojanka Mirčeva, Vesna Stefanovska, Bogdancho Gogov, 2015, izvirni znanstveni članek

Opis: Purpose: The paper examines the observance of procedural rights of the parties referred to Victim-Offender Mediation (VOM) in the Justice System for Children (JSC), and particularly pioneering practice associated with challenges pertaining to the multicultural character of the community. Design/Methods/Approach: Analysis is based on qualitative data collected by using in-depth interviews and document analysis. Sources of data were relevant stakeholders in the referral procedure, the Child and the Victim, as well as court/prosecutors files. In-depth interviews were carried out with 17 stakeholders to capture professional attitudes, attached meanings and experience of the respondents in relation to VOM. Document analysis as a data collection technique was applied to two prosecutor’s files and one court file which, at present, are the only cases of VOM in JSC. Findings: The main findings pertain to the indispensable recognition that meanings attributed to VOM in JSC, as well as expectations, vary extensively among respondents. In turn, this situation shapes the procedural rights of the parties in 3 VOM cases. In addition, basic principles of VOM are implemented in line with the perceived significance of procedural rights in VOM cases. Research Limitations / Implications: The findings relate only to respondents’ attitudes and views on VOM as well as data contained in court/prosecutor’s files. In-depth knowledge on the implementation of procedural rights during VOM process is missing due to the impossibility for participatory observation of the joint meetings. Originality/Value: While across Europe much research on balancing VOM principles and fair trial standards has been conducted, no research at all has been carried out in Macedonia in relation to VOM in JSC. This small scale survey is particularly valuable in filling up the existing empirical gap, and findings might be used as a basis for developing system prerequisites for VOM.
Ključne besede: victim-offender mediation, child offenders, victims, Macedonian Justice System for Children
Objavljeno: 16.04.2020; Ogledov: 285; Prenosov: 16
.pdf Celotno besedilo (350,84 KB)
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4.
Conditions for reconciliation
Goran Bašić, 2015, izvirni znanstveni članek

Opis: Purpose: The aim of this article was to analyse the retold experiences of 27 survivors from the 1990s war in Bosnia and Herzegovina. I have examined verbal markers of reconciliation and implacability and analysed the described terms for reconciliation that are being actualized in the narratives. Design/Methods/Approach: The material for the study was gathered through qualitative interviews with 27 individuals who survived the war in north-western Bosnia and Herzegovina. This study joins those narrative traditions within sociology where oral presentations are seen as both discursive- and experience-based. In addition, I perceive the concept of reconciliation as an especially relevant component in those specific stories that I analysed. Findings: Stories on implacability, reconciliation, and conditions for reconciliation are not shaped only in relation to the war as a whole but also in relation to an individual’s wartime actions and those of others. In these stories, implacability is the predominant feature, but reconciliation is said to be possible if certain conditions are met. Examples of these conditions are justice for war victims, perpetrator recognition of crimes, and emotional commitment from the perpetrator (by showing remorse and shame, for example). Originality/Value: Previous research on post-war society emphasized structural violence with subsequent reconciliation processes. Researchers have focused on the importance of narratives, but they have neither analysed conditions for reconciliation in post-war interviews. This article tries to fill this gap by analysing the stories told by survivors of the Bosnian war during the 1990s.
Ključne besede: reconciliation, narrative, forgiveness, implacability, conditions for reconciliation, justice
Objavljeno: 16.04.2020; Ogledov: 176; Prenosov: 19
.pdf Celotno besedilo (390,20 KB)
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5.
Crime prevention in Germany: Relevance of community crime prevention and victim-offender mediation
Robi Pozderec, 2018, diplomsko delo

Opis: Crime is an ancient problem, which has always been and will be a trouble for every society. Punishment has been seen as a natural reaction for crime or delinquent behaviour; if it didn’t help to reach the desired outcome, even harsher punishment was inflicted upon the offenders. Even though punishment became harsher throughout the time, it didn’t deter offenders from committing a crime. Over the centuries, crime prevention strategies were based on deterrence theory; this theory relied on perceiving the threat of punishment which is so severe, that it would outweigh any potential profit from committing a crime. In the 21st century, deterrence theory is still the dominant approach to prevent crime. Nevertheless, it was shown that imprisonment is poor strategy for crime prevention. Not only it does not deter offenders from committing a crime, but in some cases, after release from prison, they tend to reoffend because they have a problem with reintegration into society. In addition to not being effective as a strategy for drop in crime rates, incarceration is also very costly sanction. In the past decades, these reasons have led criminologists to put in the foreground alternative ways to imprisonment, which would result in effective crime prevention. Two of such are victim-offender mediation as a method of restorative justice and community crime prevention, where the community is the object of interest which relies on participation of the citizens and tries to recognize potential of crime in the community early on.
Ključne besede: crime prevention, restorative justice, mediation, community, Germany
Objavljeno: 25.10.2018; Ogledov: 737; Prenosov: 45
.pdf Celotno besedilo (648,36 KB)

6.
Public policy in Brussels regulation I
Tomaž Keresteš, 2016, izvirni znanstveni članek

Opis: This article deals with the notion of public policy in the framework of Brussels system the past, present and future. Author concludes that Brussels I Recast Regulation did not change much regarding the public policy issue. Even though initially there were thoughts that it should be removed from the system altogether, at the end only the exequatur has been abolished, but the public policy exception remained. As there was no significant change related to the public policy exception in the last Regulation, all the case law made under Brussels Convention and Brussels I Regulation is still applicable. This means that the public policy exception can be based on either procedural or substantive public policy arising out of national legal order and suitable for international relations (international public policy). There are also emerging contours of pure EU public policy. However, this one is still not supplementing the public policy based on national legal rules as this is a hallmark of European diversity.
Ključne besede: Brussels Regulation I, Brussels Convention, Court of Justice of the EU, contradictory principle, judgement, public policy
Objavljeno: 02.08.2018; Ogledov: 607; Prenosov: 50
.pdf Celotno besedilo (613,01 KB)
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7.
The payment order procedure in the Netherlands
Anna Leonarda Hubertina Ernes, 2010, izvirni znanstveni članek

Opis: The Netherlands used to have a national payment order procedure that was quite similar to the present European Order for Payment Procedure. This procedure was replaced by a procedure for the recovery of uncontested claims in cross-border cases, though not in national cases. Although the Netherlands legislator allows filing a request to obtain a European order for payment via email, it has not yet come into force. Applications (in Dutch) for a European order for payment may be submitted to the district court in The Hague. There are two ways in the Netherlands for serving the defendant with an European Payment Order. It can be sent to the defendant by registered mail or it can be served by a bailiff. The Dutch Execution Act has not introduced any specific formal requirements for the defendant’s statement of opposition. The opposition in the Netherlands does not have to be reasoned. The review procedure is a procedure unfamiliar to Dutch civil procedure. However, it resembles a Dutch procedure in which a defendant appeals against a sentence of a procedure in which he did not appear in court (decision in abstentia).
Ključne besede: order for payment procedure, access to justice, centralization of the procedure, statement of opposition, review, European order for payment, Dutch order for payment
Objavljeno: 23.07.2018; Ogledov: 386; Prenosov: 24
.pdf Celotno besedilo (95,47 KB)

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