scholarly journals SUSPENDED SENTENCE IN CRIMINAL LEGISLATION OF THE REPUBLIC OF SERBIA

2017 ◽  
pp. 385
Author(s):  
Dragana Spasić
Keyword(s):  
Criminal Law ◽  
Historical Development ◽  
Statistical Data ◽  
Criminal Sanctions ◽  
Judicial Practice ◽  
Time Periods ◽  
The Republic ◽  
Almost All ◽  
Criminal Legislation ◽  
Political Economic

Suspended sentence, as a cautionary measure, is one of the most frequently applied criminal sanctions. As such, it exists in almost all modern legislations. In this paper, after providing a brief overview of the historical development of the suspended sentence, the author analyzes the concept of a suspended sentence in the criminal law of the Republic of Serbia, by focusing on the concept and characteristics of suspended sentence, conditions for imposing a suspended sentence, revocation of a suspended sentence, as well as a suspended sentence with protective supervision. The second part is dedicated to the application of suspended sentence in domestic judicial practice. On the basis of statistical data, the author presents a comparative overview of the frequency of pronouncing suspended sentence in three time periods (the 1970s, the 1990s, and after the democratic changes in 2000), which were marked by different political, economic and other societal characteristics.

scholarly journals Parole Criminal Law And Practice Of The Republic Of Srpska / Primjena uslovnog otpusta u Republici Srpskoj

2015 ◽  
Vol 5 (5) ◽  
pp. 5
Author(s):  
Ljubinko Mitrović
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
Correctional Institution ◽  
Conditional Release ◽  
Criminal Sanctions ◽  
The Republic ◽  
The One ◽  
Almost All ◽  
Conditional Discharge

Conditional release of the convicted person is an important and almost all modern criminal systems applicable criminal law, criminal policy and penalty doctrine, which has a very important role from the viewpoint of a particular impact on the convicted person in terms of its further re-socialization, or repair, now in a new, changed circumstances in compared to the one which housed while in the correctional institution. Thus, in the Republic of Srpska, where, according to Article 154, Paragraph 1 of the Law on Execution of Criminal Sanctions Srpska, convicted persons for which it is reasonable to expect that he would not do the crimes, and was sentenced achieve the purpose of punishment can expect a conditional discharge from a criminal correctional institutions in accordance with the provisions of the Criminal Code of the Republic of Srpska, certainly to encourage their personal efforts to engage in life at large. It is on conditional release and its specific characteristics in general, and in particular the Institute of parole in the codes of the Republic of Srpska (Bosnia and Herzegovina) will be discussed in this paper.

scholarly journals THE HISTORICAL DEVELOPMENT OF THE INSTITUTE OF CO-PERPETRATION IN CRIMINAL LAW

2020 ◽  
pp. 025
Author(s):  
Bojana Golubović ◽  
Filip Mirić
Keyword(s):  
Criminal Law ◽  
Historical Development ◽  
Ancient World ◽  
The Republic ◽  
Complex Forms ◽  
Criminal Legislation ◽  
Kingdom Of Yugoslavia

Co-perpetration is one of the most complex forms of committing a crime. The paper presents the development of this institute, beginning with the legal sources of the ancient world, but also the slave and feudal criminal legislation. The authors also analyze the emergent forms of this institute in French bourgeois and German parity law. Finally, the authors deal with this institute in the criminal legislation of feudal and bourgeois Serbia, the Kingdom of Yugoslavia, but also in the modern criminal legislation of the Republic of Serbia. The aim of the paper is to point out possible directions for reform of this very important institute of criminal law.

CRIMINAL LAW IN PROTECTION OF HEALTH FROM THE ABUSE OF DRUGS IN SERBIA

2018 ◽  
Vol 28 (6) ◽  
pp. 1939-1946
Author(s):  
Miodrag Simović ◽  
Dragan Jovašević ◽  
Marina M. Simović
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
International Standards ◽  
Individual State ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
Different Types ◽  
The Republic ◽  
To Come ◽  
Practical Sense

Based on international standards adopted within the framework and under the Organisation of the United Nations, all national legislations recognise several different types and forms of criminal acts regarding misuse of narcotics. It is the matter of various activities of unauthorized production, traffic and other forms of inciting or enabling others to come into possession of narcotics for immediate use, which seriously endangers the health and life.Depending on the needs of each individual state, the distinction is made between the offenses, for the perpetrators are given different types and measures of penalties and other criminal sanctions. A similar situation exists in the Republic of Serbia.The paper analyzes the system of criminal offenses in various types and forms of manifestation in the theoretical and practical sense for whose offenders that are prescribed serious criminal sanctions.

Criminal-Legal Characteristics of Encroachment on the Health, Personal Integrity, Honor and Dignity of a Representative of the Authorities

2021 ◽  
pp. 96-103
Author(s):  
N. Yu. Borzunova ◽  
O. S. Matorina ◽  
E. P. Letunova
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Criminal Code ◽  
Personal Integrity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Criminal Legislation

The authors of the article consider the criminal- legal characteristics of crimes against representatives of the authorities, in particular, encroachment with the purpose of causing harm to the health, personal integrity, honor and dignity of a representative of the authorities. The definition of the term “representative of the authorities”is given. The main characteristics of a representative of the government are analyzed. Statistical data on the number of convictions and types of punishments in accordance with the provisions of articles of the Criminal Code of the Russian Federation (Articles 318, 319) are summarized. Examples of judicial practice are considered. The ways of improving the criminal legislation are proposed.

Comparative analysis of the criminal legislation of the Republic of Azerbaijan and The Islamic Republic of Iran

2021 ◽  
Vol 67 (06) ◽  
pp. 108-112
Author(s):  
Ləman Fəxrəddin qızı Qasımzadə ◽  
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Modern World ◽  
Cultural Integration ◽  
Islamic Republic ◽  
Foreign Countries ◽  
Foreign Law ◽  
Islamic Republic Of Iran ◽  
The Republic ◽  
Criminal Legislation

In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem. In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem.The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law. The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law.As the criminal legislation of the Islamic Republic of Iran and the Republic of Azerbaijan relates to different legal systems, it is difficult to compare them, but it is mutually beneficial.Thus, it allows to identify gaps in the legislation of both countries and take measures to eliminate them. Key words: crime, responsibility, talion principle, revenge, additional punishment, so to speak

scholarly journals Sex and gender characteristics in the Criminal Code of the Republic of Croatia with special reference to the criminal offences of rape and domestic violence

Temida ◽  
2013 ◽  
Vol 16 (1) ◽  
pp. 33-54
Author(s):  
Marissabell Skoric
Keyword(s):  
Domestic Violence ◽  
Social Relations ◽  
Criminal Law ◽  
Gender Stereotypes ◽  
Statistical Data ◽  
Criminal Code ◽  
Criminal Offence ◽  
Male And Female ◽  
Female Sex ◽  
The Republic

The study deals with the issue of whether the norms of criminal law make a distinction between male and female sex with regard to the perpetrator of the criminal offence as well as with regard to the victim of the criminal offence and also the issue of whether male or female sex have any role in the criminal law. It is with this objective in mind that the author analyzed the provisions of the Criminal Code of the Republic of Croatia and statistical data on total crime in the Republic of Croatia and the relation between male and female perpetrators of criminal offences. The statistical data reveal that men commit a far greater number of offences than women. Apart from this, women and men also differ according to the type of the criminal offence they tend to commit. Women as perpetrators of criminal offences that involve the element of violence are very rare. At the same time, women are very often victims of violent offences perpetrated by men, which leads us to the term of gender-based violence. Although significant steps forward have been made at the normative level in the Republic of Croatia in defining and sanctioning of genderbased violence, gender stereotypes can still be observed in practice when sexual crimes are in question so that we can witness domestic violence on a daily basis. All of this leads to the conclusion that it is necessary to make further efforts in order to remove all obstacles that prevent changes in social relations and ensure equality between women and men, not only de jure but also de facto.

scholarly journals ANALYSIS OF CRITICAL DISASTERS IN BULGARIA BASED ON THEIR CLASSIFICATION

2018 ◽  
Vol 6 ◽  
pp. 1199-1206
Author(s):  
Iskra Simova ◽  
Tsvetelina Petrova ◽  
Rositsa Velichkova ◽  
Detelin Ganchev Markov ◽  
Milka Uzunova ◽  
...  
Keyword(s):  
Economic Growth ◽  
Disaster Risk Reduction ◽  
Statistical Data ◽  
Descriptive Analysis ◽  
Disaster Risk ◽  
Economic Consequences ◽  
Natural Phenomena ◽  
Time Periods ◽  
The Republic

Disasters caused by natural phenomena or human activities often occur in the Republic of Bulgaria. Their social and economic consequences can have a significant adverse effect on the development of the country and its economic growth, therefore disaster risk reduction is very important for sustainable development. This paper presents an overview of the main natural and man-made hazards in Bulgaria. A descriptive analysis of the critical disasters in Bulgaria for the time periods of 2003-2008 and 2010–2016 is made. The survey is based on the classification of the hazards. Existing statistical data is reviewed and analysed and, as a consequence, recommendations are proposed.

The Problem of Correlation Between the Criminal Policy Humanization and the Concept of Justice at Imposing Criminal Penalties in the Republic of Kazakhstan

2018 ◽  
Vol 9 (1) ◽  
pp. 147
Author(s):  
Meruyert MASSALIMKYZY
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Punishment ◽  
The Social ◽  
Penal Institution ◽  
The Republic ◽  
Feasible Solutions ◽  
Criminal Legislation

The article raises the problem of unjustified humanization of criminal legislation and the practice of imposing a punishment. Imposing a punishment as a legal category has been extensively studied in the works of national and foreign scholars specializing in criminal law. However, despite the importance of this institution both for the convict and for the society as a whole, this penal institution remains one of the most problematic ones. The existing conflict between the current criminal policy humanism and the concept of social justice in criminal legislation, the adequacy of a punishment to the social danger of the offense being a part thereof, makes enormous harm to all law enforcement activities. It also causes negative response in the society, thus reasonably attracting a heightened attention of criminologists and experts in criminal law and procedure. The purpose of this work, as the author sees it, is trying to find feasible solutions to one of the most urgent problems of imposing a punishment. Attention is drawn to the fact that the concept of humanism has two aspects and implies, first of all, the protection of interests of law-abiding citizens. The author considers topical issues concerning the observance of the rights of victims through the solution one of the main tasks of criminal law, namely: to restore social justice by imposing a proportionate criminal punishment. Certain provisions of the theory of criminal punishment, as well as the practice of imposing punishment by the court, are studied here. Insufficient development of norms in the current criminal legislation can create problems in law enforcement, which, in turn, can lead to a significant violation of the victims’ rights. The author makes recommendations that can contribute to the improvement of the penal system consistent with the principle of humanism, considering the interests of the victims.

scholarly journals PROBLEMS OF LEGISLATIVE REGULATION OF THE MURDER OF A NEWBORN CHILD BY A MOTHER (ARTICLE 106 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

2021 ◽  
Vol 31 (4) ◽  
pp. 639-646
Author(s):  
E.R. Gafurova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Sociological Study ◽  
Distinctive Features ◽  
Judicial Practice ◽  
Newborn Child ◽  
The Russian Federation ◽  
Legislative Structure ◽  
Criminal Legislation

This article examines the features of the Russian criminal law norm that provides for liability for the murder of a newborn child by a mother. We analyzed the data of the Judicial Department on the statistics of convicts for 2016 and 2019 under Article 106 of the Criminal Code of the Russian Federation in relation to the indicators of other privileged elements of murder, indicating the latency of this type of crime. The article also examines some features of the legislative structure of Article 106 of the Criminal Code of the Russian Federation, accompanied by examples of judicial practice. The article examines the criminal law norms providing for responsibility for infanticide, the legislation of Italy, Austria, Switzerland, Holland and Denmark, and highlights the distinctive features of Article 106 of the Russian criminal legislation. The article presents proposals for possible improvement of the norms of the Criminal Code of the Russian Federation on responsibility for the murder of a newborn child by a mother, confirmed by the indicators of a sociological study.

scholarly journals Legal status of pets and pretium affectionis

2020 ◽  
Vol 59 (89) ◽  
pp. 335-351
Author(s):  
Srđan Radulović
Keyword(s):  
Legal Status ◽  
Legal Theory ◽  
Focal Point ◽  
Civil Law ◽  
Tort Law ◽  
Solid Base ◽  
Property Law ◽  
Judicial Practice ◽  
The Republic ◽  
Criminal Legislation

In domestic legal theory, as well as in judicial practice of the Republic of Serbia, there is a widely accepted standpoint that animals are property items, i.e. living movable assets in property law, and property items which increase the risk of damage in tort law. However, both views have been seriously challenged by the adoption of the Animal Welfare Act, and the subsequent amendments introduced into the Serbian criminal legislation. These norms have ultimately contributed to creating a solid base for reconsidering the legal status of animals and treating them as highly distinctive subjects of law. The current legal status of animals, including pets as a special legal category of animals which is the focal point of this paper, is debatable. Yet, the mere hint that there is a possibility to finally overcome the traditional "animal = object" concept creates an obligation to review all other civil law provisions and principles de lege lata, and especially de lege ferenda. In particular, using both analytical and normative method, the author analyzes the relevant provision of the Civil Obligations Act and the Draft Civil Code of Republic of Serbia, and examines the likelihood of awarding compensation (damages) for pretium affectionis (special affection and attachment) in case of death or injury caused to a pet.

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