scholarly journals Reconciliation Between the Victim and the Perpetrator-Restorative Justice

SEEU Review ◽  
2021 ◽  
Vol 16 (2) ◽  
pp. 28-47
Author(s):  
Albana Aliu ◽  
Besa Arifi
Keyword(s):  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Fundamental Rights ◽  
The Other ◽  
Presumption Of Innocence ◽  
Other Hand ◽  
Long Time ◽  
The Republic ◽  
Society Today

Abstract The purpose of this research is to study and address the relation between the perpetrator and the victim, in particular the way it is regulated in the Republic of Kosovo by comparing it with the regulation in other countries. A long time ago criminal law in its institutes has paid attention only to the perpetrator, trying to guarantee his fundamental rights, it is enough to stop at the institute of presumption of innocence and many other institutes and we can see how importance criminal law and in particular criminal procedure has paid to the perpetrator, and on the other hand the victim has always remained in the shadows. Therefore, today we find it reasonable to address this issue, to find out from which period criminal law and authors of criminal law turn their heads towards the victim, to find out what is the position of the victim in society today, what steps have been taken in legal terms and also special attention will be paid precisely to restorative justice as a key point for the realization of the rights of the victim, the compensation of the damage and the restoration of balance and the establishment of relations in society. And it is quite important that in addition to the relations that perpetrators have with victims, we also try to understand the historical course of restorative justice and this way to make an analysis of the position of the victim and the perpetrator over the decades.

scholarly journals Legal protection of victims under criminal law in the Republic of Macedonia

Temida ◽  
2008 ◽  
Vol 11 (1) ◽  
pp. 25-46 ◽  
Author(s):  
Oliver Bacanovic
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Criminal Legislation

The author tried to outline the status of crime victims in Macedonian criminal and juvenile legislation by analyzing three legal texts referring to legal protection of victims under criminal law in the Republic of Macedonia (the Criminal Code, the Law on Criminal Procedure Act and the Law on Juvenile Justice). The basic questions which have been analyzed from the criminal substantial aspect include: the rights and interests of the victims as a consistent part of contemporary criminal policy and Criminal Code reforms, the elements of diversion model based on concept of restorative justice in criminal legislation and victimology aspects of some significant novelties in the special part of criminal law. In this article two dimensions dealing with a change of status of damaged person in criminal procedure of the Republic of Macedonia have been analyzed, while taking into consideration new trends and comparative experiences in this field. One dimension is the role of the damaged person and incorporation of elements of restorative justice in the criminal procedure, while the other dimension includes help and support of the victims and prevention of their secondary victimization. While analyzing suitable provisions of the Law on Juvenile Justice, the author focuses on its solutions that deserve more attention because of its innovations. The consequent realization of the concept on which this law is based on, and in which the victim, at the same time, has a significant role is another confirmation of the rule that the changes of juvenile legislation creates good basis for future reforms of criminal legislation regarding the adult offenders.

scholarly journals Noziedzīgi iegūtas mantas institūta tiesiskais regulējums Latvijas Republikā starpkaru periodā

2021 ◽  
pp. 364-369
Author(s):  
Daira Sergejeva
Keyword(s):  
Interwar Period ◽  
Basic Principle ◽  
Criminal Procedure ◽  
The Other ◽  
Other Hand ◽  
Criminal Procedure Law ◽  
Third Person ◽  
The Republic ◽  
The Right ◽  
Insight Into

This article provides an insight into the basic principle of the Institute of Criminally Acquired Property during the interwar period in the Republic of Latvia. It is important to mention that nowadays, until the amendments of March 4, 2021 to Section 360 of the Criminal Procedure Law was adopted, if criminally acquired property has been found on a third person and criminally acquired property has been returned to the owner or lawful possessor thereof, a third person was only entitled to compensation. On the other hand, upon the entry into force of the amendments to Section 360 of the Criminal Procedure Law, a third person, similarly to the interwar period, in exceptional cases also has the right to property that has been recognized as criminally acquired.

Distinction between Dolus and Culpa with reference to Arson in Zakon Sudnyj LJudem, the Vinodol Law and the Statute of Senj

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Daniel Haman ◽  
◽  
◽  
Keyword(s):  
Criminal Law ◽  
The Other ◽  
Legal Documents ◽  
The Third ◽  
Other Hand ◽  
Criminal Offenses ◽  
The World ◽  
The Difference ◽  
Different Levels ◽  
Better Than

The difference between intent (dolus) and negligence (culpa) was rarely emphasized in codified medieval laws and regulations. When compared to the legal statements related to intent, negligence was mentioned even more rarely. However, there are some laws that distinguished between the two concepts in terms of some specific crimes, such as arson. This paper draws attention to three medieval Slavic legal documents – the Zakon Sudnyj LJudem (ZSLJ), the Vinodol Law and the Statute of Senj. They are compared with reference to regulations regarding arson, with the focus being on arson as a crime committed intentionally or out of negligence. The ZSLJ as the oldest known Slavic law in the world shows some similarities with other medieval Slavic legal codes, especially in the field of criminal law, since most of the ZSLJ’s articles are related to criminal law. On the other hand, the Vinodol Law is the oldest preserved Croatian law and it is among the oldest Slavic codes in the world. It was written in 1288 in the Croatian Glagolitic script and in the Croatian Chakavian dialect. The third document – the Statute of Senj – regulated legal matters in the Croatian littoral town of Senj. It was written in 1388 – exactly a century after the Vinodol Law was proclaimed. When comparing the Vinodol Law and the Statute of Senj with the Zakon Sudnyj LJudem, there are clear differences and similarities, particularly in the field of criminal law. Within the framework of criminal offenses, the act of arson is important for making a distinction between intent and negligence. While the ZSLJ regulates different levels of guilt, the Vinodol Law makes no difference between dolus and culpa. On the other hand, the Statute of Senj strictly refers to negligence as a punishable crime. Even though the ZSLJ is almost half a millennium older than the Statute of Senj and around 400 years older than the Vinodol Law, this paper proves that the ZSLJ defines the guilt and the punishment for arson much better than the other two laws.

A Liberating Experience. On Becoming a Work of Art

2020 ◽  
Vol 7 (2) ◽  
pp. 411-430
Author(s):  
Maja Tabea Jerrentrup
Keyword(s):  
Three Dimensional ◽  
The Body ◽  
The Other ◽  
Work Of Art ◽  
Other Hand ◽  
Film Clips ◽  
Long Time ◽  
The One ◽  
Body Painting ◽  
Dimensional Surface

Abstract The art of bodypainting that is fairly unknown to a wider public turns the body into a canvas - it is a frequently used phrase in the field of bodypainting that illustrates the challenge it faces: it uses a three-dimensional surface and has to cope with its irregularities, but also with the model’s abilities and characteristics. This paper looks at individuals who are turned into art by bodypainting. Although body painting can be very challenging for them - they have to expose their bodies and to stand still for a long time while getting transformed - models report that they enjoy both the process and the result, even if they are not confident about their own bodies. Among the reasons there are physical aspects like the sensual enjoyment, but also the feeling of being part of something artistic. This is enhanced and preserved through double staging - becoming a threedimentional work of art and then being staged for photography or film clips. This process gives the model the chance to experience their own body in a detached way. On the one hand, bodypainting closely relates to the body and on the other hand, it can help to over-come the body.

New Light on the Grylli

1935 ◽  
Vol 55 (2) ◽  
pp. 232-235
Author(s):  
Anne Roes
Keyword(s):  
The Body ◽  
The Other ◽  
Hellenistic Period ◽  
Other Hand ◽  
Long Time ◽  
Greek Art

Well known though the grylli are, we have still very little to say about their meaning and about their origin.Our knowledge of them, which has hardly increased since the days of Furtwangler, amounts to the following facts. Grylli were one of the most popular motives for the decoration of gems in Roman times; they remained in favour during more than three centuries. Several indications lead us to believe that some pro-phylactic value was ascribed to them; this may also account for their long popularity. In appearance they can as a rule be divided into two classes. Either they are a composition of various human and animal heads, sometimes with birds added to them, or else they consist of the body of a bird, generally a cock, to which heads and masks are attached in different ways. As the cock often is provided with a horse's head, we are reminded of the Attic hippalectryon; it is, however, impossible to trace their descent from Greek art, for we do not know of any more complicated Greek design that may have inspired Roman gem-cutters; the hippalectryon itself even does not seem to have lived down to the Hellenistic period. On the other hand, it is equally impossible to regard them as an original Roman fantasy. In the first place, their connexion with the hippalectryon, though distant, is unmistakable; secondly and chiefly, we know there were grylli before the days of Roman glyptic art. In the necropolis of Tharros in Sardinia have been found several scarabs decorated with motives closely resembling the Roman grylli. Now the necropolis seems to have been in use for a very long time, but Furtwangler believed, no doubt rightly, that the bulk of the objects found in it, and especially the grylli, must be dated rather early as they still show some of the traditions of archaic art. Our Fig. 3a is a good example.

scholarly journals Representation of an Unrecognized State under International Law – Example of the Republic of Artsakh

2020 ◽  
Vol 8 (1) ◽  
pp. 45-63
Author(s):  
Stefania Kolarz
Keyword(s):  
International Law ◽  
International Community ◽  
The Other ◽  
Legal Representative ◽  
The Core ◽  
Other Hand ◽  
The Republic

Since the late 80s, the Armenian inhabitants of Nagorno-Karabakh, a region situated within the internationally recognised borders of the Republic of Azerbaijan, have been struggling for creating their own state – the Republic of Artsakh. The fact that this self-proclaimed entity was not recognised by any of the international actors has not prevented it from constantly committing to intervene on the international plane, separately from Yerevan and Baku. For instance, it is the co-signatory of the Bishkek Protocol. On the other hand, it was refused participation in the core undertaking of the international community designed to settle the dispute – the OSCE Minsk process. The aforementioned situation raises the question as to who shall act as a legal representative of this quasi-state on the international plane? Azerbaijan, as the official centre of authority within the region, Armenia, or rather the separatist government of Nagorno-Karabakh?

scholarly journals TINJAUAN TENTANG SISTEM PEMIDANAAN DALAM PERBARENGAN TINDAK PIDANA MENURUT KUHP

2019 ◽  
Vol 9 (2) ◽  
pp. 120
Author(s):  
Fahrurrozi Fahrurrozi ◽  
Abdul Rahman Salman Paris
Keyword(s):  
Criminal Law ◽  
Descriptive Analysis ◽  
Criminal Code ◽  
The Other ◽  
Penal System ◽  
Other Hand ◽  
Qualitative Descriptive ◽  
Joint Crime

This study discusses the forms of crime in the context of criminal acts or the comparison of criminal acts (same loop) that occur in society. This happens where one person commits a crime, but it is not uncommon for one person to commit several functional crimes at the same time in the same place. On the other hand, there is also one person who determines the number of crimes at different times in different locations which in criminal law is known as the term of criminal acts or sharing criminal acts (same loop) or in Dutch is same loop van Strafbare Feiten. This study uses a normative method using qualitative descriptive analysis. The results of this study indicate that there are three forms of criminal acts namely Concursus Idialis, continuing actions and realist Concursus while the penal system in the proportion of criminal acts can be applied to three methods, namely Stelsel absorption, cumulative Stelsel, and limited cumulative Stelsel.Keywords: criminal code; criminal system; joint crime. AbstrakPenelitian ini membahas tentang bentuk-bentuk kejahatan perbarengan perbuatan pidana atau perbarengan tindak pidana (samenloop) yang terjadi di dalam masyarakat. Hal tersebut bisa terjadi dimana satu orang melakukan satu kejahatan tapi tidak jarang terjadi satu orang melakukan beberapa kejahatan baik dalam waktu yang sama di tempat yang sama. Disisi lain, ada juga satu orang yang melakukan beberapa kejahatan pada waktu yang berbeda di tempat yang berbeda pula yang dalam hukum pidana dikenal dengan istilah perbarengan perbuatan pidana atau perbarengan tindak pidana (samenloop) atau dalam bahasa belanda ialah sameloop van strafbare feiten. Penelitian ini menggunakan metode normatif, dengan menggunakan analisis deskriptif kualitatif. Adapun hasil penelitian ini menunjukkan bahwa ada tiga bentuk perbarengan tindak pidana yaitu concursus idialis, perbuatan berlanjut dan concursus realis sedangkan sistem pemidanaan dalam perbarengan tindak pidana dapat diterapkan tiga stelsel yaitu stelsel absorpsi, stelsel kumulasi dan stelsel kumulasi terbatas.Kata kunci: KUHP; sistem pemidanaan; perbarengan tindak pidana.

scholarly journals Revisiting international administrative law as a legal discipline

2019 ◽  
Vol 39 (3) ◽  
pp. 1237-1258
Author(s):  
Jakub Handrlica
Keyword(s):  
Administrative Law ◽  
The Other ◽  
Eu Law ◽  
Legal Scholarship ◽  
Other Hand ◽  
Long Time ◽  
International Conventions ◽  
Administrative Competencies

The term “international administrative law” is understood in two separate ways. On one hand, the authors (diritto internazionale amministrativo) used this term regarding the administrative competencies of various international administrative unions, as provided by applicable international conventions. On the other hand, other authors (e.g. Karl Neumeyer, Paul Négulescu, Giuseppe Biscottini) used the term to exclusively refer to the norms of national law (diritto amministrativo internazionale, droit administratif international, internationales Verwaltungsrecht), which address certain foreign elements. This article follows the second understanding of the term “international administrative law.” For a long time, these norms had been quite rare in administrative law and, consequently, the legal scholarship did not pay much attention to the discipline of international administrative law. However, most recently, the sources of EU law increasingly require reflection of certain foreign elements in the norms of administrative law. In this respect, this article argues that international administrative law represents a legal discipline that is fully capable of addressing those problems arising by the application of these norms in administrative law.

The Ancient Dād in Southwest Saudi Arabia

Arabica ◽  
2010 ◽  
Vol 57 (1) ◽  
pp. 57-67 ◽  
Author(s):  
Munira Al-Azraqi
Keyword(s):  
Saudi Arabia ◽  
The Other ◽  
Arabic Speakers ◽  
Other Hand ◽  
Long Time ◽  
The One

AbstractAl-dād is a unique sound in Arabic. It is believed that this sound is what makes Arabic a distinguished language. However, its description has confused the linguists for long time. Some modern linguists believe that al-dād described by the ancient linguists is not used in the present time. On the other hand, Arabic speakers may not know that the sound they use for the classical pronunciation of al-dād is not the one described by the ancient Arab linguists. This study records the existence of a sound that has the features of al-dād as described by the ancient Arab linguists. It is used among some speakers in Southwest Saudi Arabia.

TRANSMITTING BIPARTITE AND MULTIPARTITE CORRELATIONS VIA SPIN CHAINS UNDER PHASE DECOHERENCE

2012 ◽  
Vol 10 (06) ◽  
pp. 1250073
Author(s):  
JIAN-FENG AI ◽  
JIAN-SONG ZHANG ◽  
AI-XI CHEN
Keyword(s):  
Steady State ◽  
Anisotropy Parameter ◽  
Quantum Correlations ◽  
Spin Chains ◽  
The Other ◽  
Bipartite Entanglement ◽  
Other Hand ◽  
Long Time ◽  
Phase Decoherence ◽  
The One

We investigate the transfer of bipartite (measured by cocurrence) and multipartite (measured by global discord) quantum correlations though spin chains under phase decoherence. The influence of phase decoherence and anisotropy parameter upon quantum correlations transfer is investigated. On the one hand, in the case of no phase decoherence, there is no steady state quantum correlations between spins. On the other hand, if the phase decoherence is larger than zero, the bipartite quantum correlations can be transferred through a Heisenberg XXX chain for a long time and there is steady state bipartite entanglement. For a Heisenberg XX chain, bipartite entanglement between two spins is destroyed completely after a long time. Multipartite quantum correlations of all spins are more robust than bipartite quantum correlations. Thus, one can store multipartite quantum correlations in spin chains for a long time under phase decoherence.

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