scholarly journals ELECTRONIC MONITORING IN SLOVAK CRIMINAL JUSTICE

2019 ◽  
Vol 7 ◽  
Author(s):  
Libor Klimek ◽  
Jaroslav Klátik
Keyword(s):  
Criminal Justice ◽  
Electronic Monitoring ◽  
Slovak Republic ◽  
National Level ◽  
National Council ◽  
The European Union ◽  
Criminal Proceedings ◽  
Judicial Decisions ◽  
Criminal Matters ◽  
Alternative Sanctions

This contribution deals with electronic monitoring in Slovak criminal justice. Its objective is the assessment of the most crucial contemporary documents containing requirements addressed to competent national authorities, as well as its problems. To fulfil this objective, it analyses documents of the European Union and the National Council of the Slovak Republic. It is divided into three sections. The first section introduces the general legal background of electronic monitoring in Slovak national law. The second section analyses its legal basis – Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments. The third section is focused on special issues surrounding the electronic monitoring in the Slovak Republic. Despite the fact that electronic monitoring in Slovak criminal justice has been applied for some years, many problems occurred at the national level. Electronic monitoring in Slovak criminal justice is understood as an alternative in standard criminal proceedings. There is no obligation to use this system. Indeed, control by technical instruments is an optional possibility, not a mandatory obligation. Electronic monitoring in the Slovak Republic is regulated by the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments. This Act regulates the technical instruments and the conditions for their use in controlling the execution of certain selected types of decisions in criminal matters in criminal proceedings. The objective of the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments is to create the legal conditions for the effective application of the control of execution of certain selected decisions – in particular judicial decisions adopted by the courts – by technical instruments. Such technical instruments should improve the use of alternative sanctions or alternative criminal proceedings.

scholarly journals What Do We Need to Resolve after Establishing the European Public Prosecutor’s Office in the Slovak Republic?

2021 ◽  
pp. 79-94
Author(s):  
Miloš Deset ◽  
Libor Klimek
Keyword(s):  
Electronic Monitoring ◽  
Slovak Republic ◽  
Mutual Recognition ◽  
Comparative Method ◽  
National Level ◽  
Data Gathering ◽  
The European Union ◽  
Criminal Proceedings ◽  
Eu Member States ◽  
European Public

Establishment of the European Public Prosecutor’s Office is a result of the European Union’s initiatives as a consequence of the fraud against its financial interests. Many questions beg consideration at the EU level as well as at national level of all EU Member States, including the Slovak Republic. The aim of the paper is the assessment of Slovak understanding of the European Public Prosecutor’s Office. The article’s focus comprises five crucial issues that need to be resolved in Slovakia. The first section points out at the process of adoption and implementation of the European Public Prosecutor’s Office. Consequently, the following section tackles with the question whether the European Public Prosecutor’s Office could be considered a law enforcement authority at national level. The third section is focused on number of the European delegated prosecutors and related competence and jurisdiction. While the fourth section is focused on the execution of evidence in criminal proceedings, the fifth section is focused on application of mutual recognition. At the outset of the contribution, the historical method of research was used, namely in regard to the genesis of the EPPO. The most frequently used method was the analytical method of research. This method was used in regard to the analyses and assessments of literary sources, legislation and implementation of electronic monitoring. Another frequently used method was the comparative method of research. Further, the synthetic method of research was used. Information gathered in order to elaborate the contribution was collected in particular through the three following gathering techniques. The first data gathering method was the review of scientific literature; the works of renowned authors was analysed. The second data gathering method was access to legislation. It should be highlighted that not only consolidated legislation was used, but also original versions were analysed, in particular in the case of historical issues. Third, research into official documents of European organisations was conducted, in particular documents of the European Union.

IMPLEMENTATION OF ELECTRONIC MONITORING OF SENTENCED PERSONS IN THE SLOVAK REPUBLIC

2020 ◽  
Vol 10 (5) ◽  
pp. 59-75
Author(s):  
JAROSLAV KLÁTIK ◽  
◽  
LIBOR KLIMEK
Keyword(s):  
Restorative Justice ◽  
Electronic Monitoring ◽  
Slovak Republic ◽  
Pilot Project ◽  
Legal Regulation ◽  
European Level ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Fourth Section ◽  
The Third

The work deals with implementation of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into eight sections. The first section introduces restorative justice as a prerequisite of electronic monitoring in criminal proceedings. While the second section points out at the absence of legal regulation of electronic monitoring of sentenced persons at European level, the third section points out at recommendations of the Council of Europe addressed to European States. The fourth section analyses relevant alternative punishments in Slovak criminal justice. The fifth section introduces early beginnings of implementation of concerned system - the pilot project “Electronic Personnel Monitoring System” of the Ministry of Justice of the Slovak Republic. While the sixth section is focused on Slovak national law regulating electronic monitoring of sentenced persons - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments, the seventh section is focused on further amendments of Slovak national law - namely the Act No. 321/2018 Coll. and the Act No. 214/2019 Coll. The last eight section introduces costs of system implementation and its operation.

The Limitations of the Harmonisation of Criminal Law in the European Union Protected by Articles 82(3) and 83(3) tfeu

2018 ◽  
Vol 26 (4) ◽  
pp. 315-334
Author(s):  
Kaie Rosin ◽  
Markus Kärner
Keyword(s):  
European Union ◽  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
The European Union ◽  
Judicial Cooperation ◽  
Minimum Standards ◽  
Legislative Procedure ◽  
Definition Of ◽  
Criminal Matters

Articles 82(3) and 83(3) tfeu give Member States the possibility to suspend the legislative procedure of eu criminal law. Article 82(3) allows that kind of emergency brake mechanism for the process of adopting minimum standards for harmonising rules of criminal procedure enhancing judicial cooperation in criminal matters and Article 83(3) for establishing minimum rules concerning the definition of criminal offences and sanctions. A Member State can only use the emergency brake clause when the proposal for the directive would affect the fundamental aspects of its criminal justice system. This prerequisite deserves a closer analysis, therefore the aim of this article is to interpret the meaning of tfeu articles 82(3) and 83(3) to better understand the limitations of the harmonisation of criminal law in the European Union.

THE MINORS IN PENAL SYSTEMS IN SELECTED COUNTRIES OF THE EUROPEAN UNION

2015 ◽  
Vol 1 (1) ◽  
pp. 0-0 ◽  
Author(s):  
Sylwia Gwoździewicz
Keyword(s):  
Czech Republic ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Specific Interaction ◽  
European Countries ◽  
Legal Systems ◽  
The European Union ◽  
Criminal Proceedings ◽  
A Minor

In foreign jurisdictions, various models of responsibility for juvenile offenses are adopted. In many countries, like Poland, entirely separate regulations in this field are adopted (England and Wales, Austria, Belgium, Czech Republic, France, Spain, Ireland, Germany, Scotland, Switzerland, Sweden). In other countries like (Slovakia, Belarus, Estonia, Greece to 2003, the Netherlands, Lithuania, Russia, Slovenia, Ukraine), there are specific rules of responsibility of minors included in criminal codes and codes of criminal proceedings. Different solutions in this regard are partly due to the different traditions of legal systems, and partly due to various axiomatic justifications formulated in these matters. Review of legislation on minority in selected European countries: Poland, Slovakia and the Czech Republic shows that in terms of the approach to the problem of minority in all legal systems, specific interaction of children and young people who come into conflict with the criminal law are included, as well as those that show signs of corruption, making their proper personal and social development threatened. Adoption of selected concepts of minors legislation, however, does not mean more or less severe approach to the liability of minors.Both discussed issues the theoretical and practical ones, are the subject of the deliberations beneath, their structure includes: <br/>1. Problems of minors in the European countries <br/>2. Minors in Polish criminal justice system <br/>3. Minors’ responsibility in Slovakian criminal justice system <br/> 4. Czech criminal justice system in relation to a minor

scholarly journals Does the Slovak Republic Fulfil European Requirements on Recognition of Foreign Decisions on Custodial Sentences?

2020 ◽  
Vol 20 (2) ◽  
pp. 215-230
Author(s):  
Libor Klimek
Keyword(s):  
European Union ◽  
Slovak Republic ◽  
Mutual Recognition ◽  
Relevant Literature ◽  
Case Law ◽  
Historical Background ◽  
The European Union ◽  
Legal Practice ◽  
National Implementation ◽  
Criminal Matters

Summary Mutual recognition of judicial decisions in criminal matters permits decisions to move from one European State to another. It is a key element for the development of judicial co-operation in criminal matters in the European Union. Its implementation, including recognition of judgments on custodial sentences, was one of the main areas of European Union activity regarding criminal justice. The Slovak Republic has implemented European requirements. The question which begs consideration is whether Slovak national law fulfils such requirements and if they are applicable in Slovak legal practice. The assessment of national implementation of European requirements on recognition of judgments on custodial sentences and its applicability in Slovak legal practice is therefore needed. The paper analyses relevant literature, legislation, case-law and related official documents of the European Union. Moreover, it compares Slovak national law with European requirements. At the outset it briefly assets historical background of the mechanism. In principle, the system works, but there is the possibility for its enhancement..

scholarly journals Jurisdiction Collisions In The Criminal Proceedings Of European Union Member States

2015 ◽  
Vol 8 (1) ◽  
pp. 82-105
Author(s):  
Raimundas Jurka ◽  
Jolanta Zajančkauskienė
Keyword(s):  
European Union ◽  
Criminal Justice ◽  
Mutual Recognition ◽  
The European Union ◽  
Criminal Proceedings ◽  
Member States ◽  
Effective Measure ◽  
Eu Member States ◽  
Positive Law ◽  
Ne Bis In Idem

Abstract Employing systematic document analysis and other methods, this article analyses a long-standing and still relevant issue related to the interpretation and application of the law regulating relationships in the field of European Union criminal justice within the framework of the national criminal proceedings that are taking place in EU member states. The article places special emphasis on the explanation and application of the principle of mutual recognition within the framework of one of the newest instruments of international cooperation in the European Union criminal proceedings meant to prevent conflicts of exercise of jurisdiction and to solve issues arising between two or more member states. The analysis of conflicts of exercise of jurisdiction provided in this paper is not limited to a mere explanation of the concept as such, but includes an essential analysis of other related issues, such as the principle of mutual recognition, its influence on the recognition of criminal proceedings as parallel proceedings, and including other aspects related to the matching of the form of national criminal proceedings with the criminal proceedings taking place in another member state. Finally, significant attention is given to one of the objectives in terms of prevention and solution of conflicts of exercise of jurisdiction, namely, the ne bis in idem principle and its application in case of parallel criminal proceedings taking place in two or more member states. One of the key conclusions offered here is that in order to eliminate conflicts of exercise of jurisdiction, positive law in the process of conflicts of jurisdiction must become an effective measure in criminal justice; however, only on the condition that at least a minimum likelihood in the form of criminal proceedings adopted by different EU members states is ensured as a precondition necessary to enable a smooth application of the principle of mutual recognition.

scholarly journals The position of youth justice in EU criminal law: No game for kids

2020 ◽  
Vol 11 (2) ◽  
pp. 135-160
Author(s):  
Jantien Leenknecht ◽  
Johan Put
Keyword(s):  
European Union ◽  
Juvenile Offenders ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
The European Union ◽  
Youth Justice ◽  
Criminal Proceedings ◽  
Judicial Cooperation ◽  
Criminal Matters ◽  
The Eu

In criminal matters, the European Union (EU) managed to establish several mechanisms to strengthen and facilitate judicial cooperation over the years but does not clearly nor uniformly define the concepts of ‘criminal matters’, ‘criminal proceedings’, ‘criminal responsibility’ and so on in any of the cooperation instruments themselves. It is however important to know as to what the EU understands by the notion ‘criminal’ because Member States have developed specific rules in response to delinquent behaviour of minors, which are somewhat different from ‘general’ criminal law. The question arises whether the existing cooperation mechanisms only apply to ‘adult’ criminal matters or also include youth justice matters. This article therefore aims to find out whether a consistent and shared view exists on the meaning of the concept ‘criminal’ and to subsequently clarify to what extent the existing EU instruments in criminal matters also apply to juvenile offenders.

scholarly journals Transfer of criminal proceedings: from stumbling block to cornerstone of cooperation in criminal matters in the EU

ERA Forum ◽  
2020 ◽  
Vol 21 (3) ◽  
pp. 449-464
Author(s):  
Boudewijn de Jonge
Keyword(s):  
European Union ◽  
International Cooperation ◽  
The European Union ◽  
Criminal Proceedings ◽  
Administration Of Justice ◽  
Common Area ◽  
European Union Legislation ◽  
The Common ◽  
Criminal Matters ◽  
The Eu

AbstractMost forms of international cooperation in criminal matters have now been regulated to some extent by European Union legislation. One classical form of cooperation has been so far largely immune from influence by the EU legislator, however. This is the area of transfer of proceedings. This article provides an overview of the current situation and argues that new life should be blown into earlier initiatives to improve this form of cooperation. Harmonisation in this area will prove an important step to facilitate the proper administration of justice in the common Area of Freedom, Justice and Security that the European Union is set to realise.

scholarly journals The Circular Model in Disposal with Municipal Waste. A Case Study of Slovakia

2020 ◽  
Vol 17 (6) ◽  
pp. 1839
Author(s):  
Henrieta Pavolová ◽  
Roman Lacko ◽  
Zuzana Hajduová ◽  
Zuzana Šimková ◽  
Martin Rovňák
Keyword(s):  
Natural Resources ◽  
Circular Economy ◽  
Negative Impact ◽  
Slovak Republic ◽  
Raw Materials ◽  
National Level ◽  
Partial Replacement ◽  
The European Union ◽  
Linear Arrangement ◽  
Circular Model

Mineral resources are life and driving force of the European Union. It is gaining awareness not only in the EU dependent on imports, but also in the world. In the context of the growing population and the growing demands of economies for natural resources, this type of material management has a significant negative impact on the environment. The main aim of the study was to justify the model of circular economy on the national level, based on the disparities between the regions of Slovak republic. To meet the objective, mostly one-factor analysis was implemented. The circular model, which is based on the partial replacement of primary raw materials by secondary ones, should, on the one hand, limit the depletion of natural resources and, on the other hand, reduce the amount of waste produced. The presented work focuses on the issue of sustainable development, which is closely related to the circular economy, and then explains the circular economy model, including the differences from the linear arrangement and possible obstacles to its implementation for the specific conditions of the Slovak republic. From the results, it is clear that the proposed circular model would be helpful to improve the inefficiencies and disparities on the regional and national level.

Cognitive Biases and Procedural Rules: Enhancing the Use of Alternative Sanctions

2015 ◽  
Vol 23 (3) ◽  
pp. 191-213
Author(s):  
Elena Kantorowicz-Reznichenko
Keyword(s):  
Criminal Justice ◽  
Community Service ◽  
Cognitive Biases ◽  
Electronic Monitoring ◽  
Law And Economics ◽  
Prison Population ◽  
Prison Sentence ◽  
Short Term ◽  
Criminal Justice Systems ◽  
Alternative Sanctions

The practice of short-term imprisonment has been long criticised due to its criminogenic effect and costs. To minimise its use, many European countries introduced alternative sanctions such as community service or home confinement with electronic monitoring. Unfortunately, in practice those sanctions are often imposed on non prison-bound offenders, a phenomenon termed ‘the net-widening problem’. Consequently, instead of reducing the prison population, the alternative sanctions substitute lighter punishments such as fines or conditional imprisonment. The discretion power whether to impose a prison sentence or its alternatives lies in the hands of the judges. Therefore, the way to enhance the use of alternative sanctions as a substitute to short-term imprisonment is to change the behaviour of judges. This paper adopts the behavioural law and economics approach to discuss, in the context of European criminal justice systems, how certain procedural rules overcome or use cognitive biases in order to promote the use of alternative sanctions.

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