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.

ELECTRONIC MONITORING OF SENTENCED PERSONS IN SLOVAK LEGAL PRACTICE

2020 ◽  
Vol 10 (6) ◽  
pp. 13-30
Author(s):  
JAROSLAV KLÁTIK ◽  
◽  
LIBOR KLIMEK
Keyword(s):  
Electronic Monitoring ◽  
Slovak Republic ◽  
Legal Practice ◽  
Fourth Section ◽  
Applicable Law ◽  
The Third ◽  
The Right To Privacy ◽  
Good Investment ◽  
Civil Proceedings ◽  
The Right

The work deals with practical issues of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into seven sections. The first section deals with applicable law - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments. The second section analyses types of the control of the enforcement of decisions and their use. The third section introduces the requirements for the control. The fourth section briefly introduces the application of the system in civil proceedings. The fifth section points out at the interference of the control with the right to privacy. The sixth section answers the question if the system was a good investment or a wasting of money. The last seventh section introduces recommendations for policymakers and legal practitioners.

scholarly journals Restorative justice as an element of criminal protection of children’s rights

2020 ◽  
pp. 383-386
Author(s):  
Igor Svietlichnyi
Keyword(s):  
Social Work ◽  
Young People ◽  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Representative ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Criminal Protection ◽  
Relevant Work

The article covers the issues of criminal law protection of the rights of minors in criminal proceedings, some problems of implementationof the principles of restorative justice for minors. In the context of social naturalism, the use of restorative justice for minorsis considered.The criminal process is the most traumatic for the psyche of children. A lawyer is the only person without whom it is impossibleto conduct criminal proceedings with a child. Unfortunately, all other people may be absent. In some cases, the child’s parents, next ofkin or legal representatives do not appear in court, and the participation of the appointed legal representative remains formal.As a matter of priority, in order to improve the situation regarding the criminal law protection of the rights of minors, it is expedientto start discussing systemic changes in national legislation and relevant work, including social work, which will create a basis forimproving the protection of juvenile rights in criminal proceedings.In conclusion, it should be concluded that only if all participants in criminal proceedings involving a child fully exercise their rightsand properly perform their duties, the tasks of such criminal proceedings will be performed and the child’s rights will be reliably protected.Given the above, it can be reasonably argued that in the current legislation of Ukraine (as of the date of this article) there areproblems of criminal protection of minors in criminal proceedings, problems of implementation of the principles of restorative justicefor minors, including the issue of exemption from criminal liability. Ways to solve problematic issues are analyzed.Some gaps in legislation that restrict or violate the rights of children in criminal proceedings need further settlement, includingin accordance with Council of Europe priorities. Proposals to improve the legislation include the introduction of the concept of “youngpeople” (up to 21 years) and the expansion of the possibility of releasing young people from criminal liability or punishment in case ofcommitting certain serious crimes.

scholarly journals Legislative Development of Criminal Proceedings and Evidence in the Slovak Republic (1993-2021)

2022 ◽  
Vol 5 (1) ◽  
pp. 1-13
Author(s):  
Adrián Vaško
Keyword(s):  
Slovak Republic ◽  
Science And Technology ◽  
Historical Analysis ◽  
Legal Regulation ◽  
Research Data ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Current State

Background: In this article, the author focuses on the legislative development of criminal proceedings and evidence after the establishment of the Slovak Republic. This article pays special attention to the issue of evidence and means of proof. It also deals separately with the legal regulation of using information and technical means. It briefly suggests possible directions of development in the field of evidence, reflecting the current state of development of science and technology, as well as changes in the security situation. Methods: The scientific methods of historical analysis and legal comparison were used to process the research data. Results and Conclusions: Developments in this area are constantly advancing, and the area of evidence in criminal proceedings in the Slovak Republic will inevitably be subject to updating.

scholarly journals Selected Considerations Regarding the Digitalisation of Criminal Proceedings in Light of the Standards of the Council of Europe: Analysis Taking into Account the Experience of the Current Pandemic

2021 ◽  
Vol 26 (6) ◽  
pp. 55-69
Author(s):  
Karol Karski ◽  
Bartłomiej Oręziak
Keyword(s):  
Artificial Intelligence ◽  
Criminal Law ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
The Third ◽  
Global Pandemic ◽  
Technological Advances ◽  
Administration Of Justice ◽  
National Norms ◽  
Evidence Gathering

Abstract The aim of the article is to prepare an analysis in order to formulate propositions regarding the digitalisation of Polish criminal proceedings as regards the administration of justice. These hypotheses would have merited consideration even pre-pandemic, but they demand even more attention as a result of the pandemic. The pandemic has served to highlight the pre-existing necessity to adapt criminal law to the latest observable technical and technological advances. In light of the above, the first issue to be analysed concerns the conditions, procedures, and possibilities surrounding the collection of evidence electronically, taking into account the most recent relevant guidelines of the Council of Europe. The second issue to be examined will be the adaptation of criminal procedures, including Polish, to the standards stipulated in the Convention of the Council of Europe on Cybercrime of 23 November 2001, in light of national norms regarding evidence gathering. The third issue that will be assessed in this study will be the benefits, risks, or potential of the application of artificial intelligence algorithms in criminal procedure. The consideration of each of the three areas will have regard to the present global pandemic. The article concludes with a concise summary containing the authors’ conclusions and propositions de lege ferenda.

scholarly journals Coercive measure-sequestration for environmental crime

2021 ◽  
Vol 244 ◽  
pp. 12025
Author(s):  
Ketevan Berestova-Gadilia
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Article ◽  
Coercive Measure ◽  
Council Of Europe ◽  
Coercive Measures ◽  
The Third ◽  
Scientific Papers ◽  
Procedural Code ◽  
Specific Tax

In general there are no many scientific papers on coercive measures determined under Criminal Procedural Code of Georgia. Though, based on aforesaid issue we may not state that aforesaid issues were not subject of controversy and does not include disputable opinions. In this scientific article the author represents legal aspects of sequestration - one of the measures of criminal procedural enforcement. Namely, based on active legislation the author in the article mainly considers essence, importance and application criteria of sequestration as a measure of criminal procedural enforcement. The article also considers achieved and possible results of sequestration as a coercive and enforcement measures and importance of aforesaid results. Article is composed of introduction, three parts and conclusion. Introduction of article refers special recommendation approved by Council of Europe Committee of Ministers in September 17, 1987 under that Parliament of Georgia approved Criminal Procedural Code of Georgia through the third hearing that entered into force from October 10, 2010. Contents of article generally refer legal regulation of sequestration, also emphasizing criteria of tax liability at the time of tax dispute and power criteria of tax authority during the specific tax dispute, also here are reviewed issues of enforcement measures related to disputable tax liability by applying coercive measures under the basis of decision of first instance court.

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 Ethical aspects and personal data protection in the execution of home prison penalty

2020 ◽  
pp. 160-172
Author(s):  
L. Michalov ◽  
D. Treshchakova
Keyword(s):  
Restorative Justice ◽  
Data Protection ◽  
Electronic Monitoring ◽  
Slovak Republic ◽  
Personal Data ◽  
Ethical Aspects ◽  
Monitoring Equipment ◽  
Personal Data Protection

The home prison penalty is currently a part of the sanction system in the Slovak Republic and serves as a manifestation of so-called restorative justice. Restorative justice is represented by alternative sentences that are distinguished from real imprisonment for minor offences. Alternative penalties may include penalties that do not involve the deprivation of liberty associated with the isolation of a convicted person. The advantage of alternative sentences is that the offender is spared the destructive effects of imprisonment. The offender is not exposed to the negative aspects of this punishment and remains integrated into the society, being able to continue to maintain social, family and working relations, which can significantly improve the protection from the offender.At present, there are many unresolved issues regarding the execution of the punishment of home prison penalty, especially its execution through electronic monitoring, including the protection of personal data obtained through electronic monitoring equipment. Thus, the purpose of this article is to focus on these issues and present the authors’ views.

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.

scholarly journals The Use Of Alternative Measures In The Czech Republic

2013 ◽  
Vol 6 (1) ◽  
pp. 89-105
Author(s):  
Filip Ščerba
Keyword(s):  
Restorative Justice ◽  
Community Service ◽  
Criminal Law ◽  
Justice System ◽  
Statistical Data ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
The Czech Republic ◽  
House Arrest ◽  
Alternative Measures

ABSTRACT This article deals with Czech legal regulation of alternative measures and their use in practice within the Czech criminal justice system. Attention is focused on procedural alternative measures, i.e. diversions in criminal proceedings, as well as on alternative punishments. The development of Czech criminal law has been strongly influenced by the conception of restorative justice, which was the base for the effort to spread the scope of alternative measures and to reduce the number of the imprisoned. But the introduction of new measures (diversions, community service, house arrest, etc.) was accompanied by some problems regarding their use in practice; some of them were connected with legal regulation, other ones were caused by incorrect use. The article identifies these problems (also through analysis of statistical data) and also describes solutions to the problems.

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