scholarly journals USLOVNI OTPUST KOD KAZNE DOŽIVOTNOG ZATVORA – KRITIČKO PREISPITIVANJE NOVIH NORMATIVNIH REŠENJA U SRPSKOM KRIVIČNOM ZAKONODAVSTVU –

2021 ◽  
Vol 59 (1) ◽  
pp. 145-158
Author(s):  
Zdravko Grujić
Keyword(s):  
Criminal Policy ◽  
Criminal Code ◽  
Point Of View ◽  
Life Imprisonment ◽  
Conditional Release ◽  
Social Reintegration ◽  
Human Rights Protection ◽  
Criminal Sanctions ◽  
Rights Protection ◽  
Criminal Legislation

The amendments and supplements of the Criminal Code of 2019 introduced into Serbian criminal legislation a life imprisonment as the most severe sentence in the criminal sanctions system. These novelties confirm the continuity of a multi-year process of (inconsistent) changes in criminal legislation that tightens the legislature’s criminal policy, broadens the limits of criminal repression, supplements the purpose of punishment, narrows the possibility of mitigating the punishment, in other words, continues to expand the retributive concept of punishing. The introduction of the life imprisonment required the amendments of several other provisions of the Criminal Code, including those relating to the purpose of punishment, impossibility of conditional release of persons sentenced to this life imprisonment, as well as the duration limit on conditional release. In most states where it forms part of the sentence system the possibility of (early, or) conditional release of prisoners is provided. It is indisputable that there are also rare exceptions to this rule. However, the paradigm of human rights protection, in particular the protection of the rights of persons deprived of their liberty, as well as the mechanisms for their protection (e.g. the jurisprudence of the ECHR), indicate that the possibility of conditional release of persons sentenced to life imprisonment in national legislations already represents an “established standard”. From a penological point of view, the implementation of treatment and treating of the prisoners sentenced to life imprisonment and the idea of their resocialization and social reintegration, is directly correlated with the possibility of their conditional release. Therefore, prescribing the possibility of conditional release of prisoners sentenced to life imprisonment, as visible to them “a path to release”, is a necessary prerequisite for the execution of the sentence.

scholarly journals ADMINISTRATIVE PREJUDICE IN FOREIGN CRIMINAL LAW: HISTORY AND MODERNITY

2020 ◽  
Vol 30 (6) ◽  
pp. 844-850
Author(s):  
V.I. Antonov ◽  
E.V. Antonov
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
Point Of View ◽  
Relevant Today ◽  
History Of ◽  
Criminal Legislation ◽  
Further Development

The article examines criminal law with administrative prejudice, as well as the history of the emergence and development of norms with administrative prejudice in the modern criminal legislation of Russia on various grounds. This topic is relevant today because the Russian legislator constantly includes new norms containing administrative prejudice in the criminal code of the Russian Federation. The problems of applying norms with administrative prejudice in practice are considered. It is noted that the criminal legislation in force in the XX century actively applied administrative prejudice as a method of legal regulation of public relations arising in the process of implementing the criminal policy of the Soviet state. The article analyzes the criminal legislation of Russia from the point of view of further development of criminal legislation in the direction of improving the institution of administrative prejudice and increasing the number of norms with administrative prejudice.

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 LIFE IMPRISONMENT AND PAROLE IN SERBIA – (UN)INTENTIONALLY MISSED OPPORTUNITY

2021 ◽  
Vol 59 (1) ◽  
pp. 93
Author(s):  
Milica Kolaković-Bojović
Keyword(s):  
Criminal Code ◽  
International Standards ◽  
Life Imprisonment ◽  
Policy Action ◽  
Human Rights Protection ◽  
The Public ◽  
Rights Protection ◽  
Public Campaign ◽  
Life Sentence ◽  
Missed Opportunity

Triggered by the cruel rape and murder of a 15-year-old girl in July 2014, the public campaign was launched in order to change penal policy for a sexual violence committed against children in Serbia. Widely supported by general public, but strongly disputed by legal experts and professionals, amendments to the Criminal Code have been adopted in May 2019 introducing the life sentence without parole for the most serious crimes committed against children. This influenced the decision of the author to further explore how this public policy action fits to the relevant international standards, but also to the framework built based on the ECtHR interpretation of the Art. 3 of the ECHR in terms of the life prison. Aware of the current lack of public debate and the initiatives to improve relevant provisions of the Criminal Code, this paper shads a light on the gaps in human rights protection, especially in terms of the rehabilitation and reintegration of prisoners as the undetachable element of a purpose of punishing.

scholarly journals Criminal Law Protection of Reproductive Health: Current Challenges

2019 ◽  
Vol 12 (2) ◽  
pp. 147-153
Author(s):  
E. L. Sidorenko
Keyword(s):  
Reproductive Health ◽  
Human Genome ◽  
Criminal Law ◽  
Policy Development ◽  
Practical Importance ◽  
Criminal Policy ◽  
Criminal Code ◽  
Research Findings ◽  
The Individual ◽  
Criminal Legislation

The subject of the research is the specifics of the criminal law protection of reproductive health in the Russian legislation. The topic was chosen due to the increasing dynamics of crimes related to limitation on the reproductive rights of women and men and unauthorized manipulation of the human genome. Despite the growing need for providing a regulatory framework for this kind of relationships, the system of their criminal law protection is only beginning to take shape, therefore, a necessity arises to revise traditional approaches to the protection of the individual. Therefore, the purpose of the paper was to understand the system of criminal law protection of reproductive health in terms of its compliance with trends of medical practices and dynamics of socially significant diseases based on both traditional principles of scientific analysis and the results of applying sociological methods of data processing, which made it possible to identify the most significant directions of the Russian criminal policy development. Moreover, the critical analysis method was used in the research that showed the inconsistency of the system of criminal law prevention of criminal abortions, contamination with socially significant diseases and illegal use of the human genome. Based on the research findings, an author’s model of criminal prevention of attacks on reproductive health has been built and its systemic assessment is given. It is concluded that the legislator is inconsistent in assessing the attributes of an unlawful abortion; the accounting of contamination with certain socially significant diseases is inadequate; the laws prohibiting the use of the human genome need to be included into the Criminal Code of the Russian Federation. The conclusions formulated in the paper have practical importance and can be taken into account by the legislator in the reform of the current criminal legislation.

EVOLUTION OF PUNISHMENT IN RUSSIAN CRIMINAL LAW:PROBLEMS OF CONSISTENCY AND IMPROVEMENT

2020 ◽  
pp. 46-52
Author(s):  
S. V. Rozenko
Keyword(s):  
Criminal Policy ◽  
Criminal Code ◽  
The State ◽  
State Punishment ◽  
Legal Structure ◽  
Legal Nature ◽  
Definition Of ◽  
Criminal Legislation ◽  
Legal Character ◽  
Scientific Doctrine

The article analyzes the evolution of punishment in Russian criminal law and scientific doctrine. The article considers the dynamics of development and improvement of the definition of punishment in the Soviet and Russian criminal legislation. The refusal of punishment in punishment is analyzed, which is explained by the development of several trends of mitigation of punishment. Changes in many provisions on punishment confirm that this institution has a social and legal necessity and importance for society and the state. Is considered a long process of exclusion from the punishment uncharacteristic of regulations and the formation of the criminal code of legal structure, where the punishment has ceased to be an obligatory consequence of the crime, as embodied and other measures of criminal-legal nature, like legal consequences of the crime. The essence of criminal punishment is recognized as a historically variable category, since it is determined by the objectives of criminal policy implemented by the state. Punishment includes legal restriction of the person, its rights and freedoms, but it is caused by system interaction with other measures of criminal-legal character.

scholarly journals Forced Labour in Brazil: International Criminal Law as the Ultima Ratio Modality of Human Rights Protection

2006 ◽  
Vol 19 (1) ◽  
pp. 151-193
Author(s):  
JAMES L. BISCHOFF
Keyword(s):  
Human Rights ◽  
International Criminal ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Human Rights Protection ◽  
Criminal Sanctions ◽  
Rights Protection ◽  
Brazilian Government ◽  
Forced Labour ◽  
The Individual

Notwithstanding estimates that 12.3 million persons today are subjected to conditions analogous to slavery, public international lawyers have almost completely ignored slavery and related institutions in recent decades. This article explores the phenomenon of forced labour in the Amazon, where anywhere between 25,000 and 100,000 people are compelled through trickery and coercion to work in subhuman conditions. After outlining the legal regime governing slavery-related practices, the author examines why the Brazilian government has failed in its efforts to secure compliance within its own borders of its obligations under anti-slavery and human rights conventions. The author then argues that holding the Brazilian state responsible and assessing monetary damages is not in fact the most effective and fair way to secure the human rights of the victims of forced labour, and that international criminal sanctions for the individual perpetrators – including prosecution in the ICC for crimes against humanity – is a viable and preferable alternative.

scholarly journals DOŽIVOTNI ZATVOR I USLOVNI OTPUST U KRIVIČNOM PRAVU SRBIJE: NEKA PITANJA I DILEME

2021 ◽  
Vol 59 (1) ◽  
pp. 69-92
Author(s):  
Emir Ćorović
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Code ◽  
Academic Community ◽  
European Convention ◽  
Life Imprisonment ◽  
Sexual Freedom ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Criminal Legislation

Life imprisonment was introduced to Serbian Criminal legislation with the amendments of Criminal Code from 2019. These amendments replaced the former penalty of imprisonment from 30 to 40 years. Special attention was drawn by the fact that the new legislation allows the possibility of life imprisonment without the possibility of parole for committing certain crimes. This legal solution is considered not to be in accordance with the Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Still, the prohibition of parole was introduced to Serbian criminal law in 2013, with the adoption of the Law on the special measures for the prevention of crimes against sexual freedom towards minors. However, at that time the academic community did not give the attention it deserved to the justification of this prohibition, which by itself generates many concerns. That is why, when discussing the problematics of life imprisonment and parole, and its prohibition, one has to bear in mind the previously structured legal frame, as well as the concerns that such a prohibition creates, regardless of whether it not it relates to life imprisonment or timely limited imprisonment.

scholarly journals The goals of criminal punishment as a reflection of modern criminal policy

2020 ◽  
Vol 14 (3) ◽  
pp. 324-330
Author(s):  
V.V. Popov ◽  
◽  
S.M. Smolev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Practical Implementation ◽  
Criminal Punishment ◽  
The Social ◽  
The Russian Federation ◽  
Criminal Legislation

The presented study is devoted to the issues of disclosing the content of the goals of criminal punishment, analyzing the possibilities of their actual achievement in the practical implementation of criminal punishment, determining the political and legal significance of the goals of criminal punishment indicated in the criminal legislation. The purpose of punishment as a definition of criminal legislation was formed relatively recently, despite the fact that theories of criminal punishment and the purposes of its application began to form long before our era. These doctrinal teachings, in essence, boil down to defining two diametrically opposed goals of criminal punishment: retribution and prevention. The state, on the other hand, determines the priority of one or another goal of the punishment assigned for the commission of a crime. The criminal policy of Russia as a whole is focused on mitigating the criminal law impact on the offender. One of the manifestations of this direction is the officially declared humanization of the current criminal legislation of the Russian Federation. However, over the course of several years, the announced “humanization of criminal legislation” has followed the path of amending and supplementing the Criminal Code of the Russian Federation: introducing additional opportunities for exemption from criminal liability and punishment, reducing the limits of punishments specified in the sanctions of articles of the Special Part of the Criminal Code of the Russian Federation, and including in the system of criminal punishments of types of measures that do not imply isolation from society. At the same time the goals of criminal punishment are not legally revised, although the need for such a decision has already matured. Based on consideration of the opinions expressed in the scientific literature regarding the essence of those listed in Part 2 of Art. 43 of the Criminal Code of the Russian Federation, the goals of punishment are determined that each of them is subject to reasonable criticism in view of the abstract description or the impossibility of achieving in the process of law enforcement (criminal and penal) activities. This circumstance gives rise to the need to revise the content of the goals of criminal punishment and to determine one priority goal that meets the needs of modern Russian criminal policy. According to the results of the study the conclusion is substantiated that the only purpose of criminal punishment can be considered to ensure proportionality between the severity of the punishment imposed and the social danger (harmfulness) of the crime committed. This approach to determining the purpose of criminal punishment is fully consistent with the trends of modern criminal policy in Russia, since it does not allow the use of measures, the severity of which, in terms of the amount of deprivation and legal restrictions, clearly exceeds the social danger of the committed act. In addition, it is proportionality, not prevention, that underlies justice – one of the fundamental principles of criminal law.

scholarly journals Combatting Racist Speech: The Canadian Experience

1994 ◽  
pp. 623 ◽  
Author(s):  
Bruce P. Elman
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Criminal Code ◽  
Alternative Methods ◽  
Criminal Proceedings ◽  
Historical Revisionism ◽  
Criminal Sanctions ◽  
Canadian Experience ◽  
Aryan Nations ◽  
Criminal Legislation

This article traces a decade of Canadian jurisprudence on hate speech and Holocaust denial historical revisionism. It first compares the cases of Keegstra and Zundel and examines the constitutionality and efficacy of Criminal Code sections 319(2) and 181 as invoked in each case respectively. The article then examines alternative methods to the imposition of criminal sanctions for addressing the problem of hate propaganda. The cases of Malcolm Ross, John Ross Taylor and the Aryan Nations are reviewed in order to evaluate the use of human rights legislation to combat hate speech. The author concludes that while it is important for Canada to maintain criminal legislation, human rights legislation has some considerable advantages over criminal sanctions. Human rights hearings are less expensive, less time-consuming, and less complicated than criminal proceedings. Further to this, the standard of proof is the civil standard of balance of probabilities, and intent to harm need not be proven as in a criminal trial. Finally, the author gives a reminder of the value of education as an effective method of both minimizing the credibility of the hate-monger's message, and decreasing the susceptibility of the public to such messages.

scholarly journals Life imprisonment: a relic of the past or dira recessitas

2021 ◽  
Vol 108 ◽  
pp. 02020
Author(s):  
Maksim Anatolievich Tuliglovich ◽  
Aleksander Vitalievich Shvets ◽  
Nodar Shotaevich Kozaev ◽  
Boris Vasilyevich Epifanov ◽  
Suhrob Saidakhmad Narzullozoda
Keyword(s):  
Human Rights ◽  
Current System ◽  
Criminal Policy ◽  
The State ◽  
Constitutional Court ◽  
Life Imprisonment ◽  
Russian Science ◽  
European Court ◽  
Severe Punishment ◽  
Criminal Legislation

The existence of life imprisonment in the criminal legislation of Russia is assessed ambiguously both by representatives of Russian science and by foreign analysts. This problem is many-sided and ambiguous in its content. Its solution depends on a large number of variables, sometimes independent of the subject of analysis. These include trends in criminal policy, the state of crime in the state, and the related “punitive claims” of the population. The balance of Domestic and International Interests in ensuring Human Rights is the key idea in analyzing life imprisonment from the perspective of historical viability or reality. The purpose of the research was to clarify the place and role of life imprisonment in the current system of criminal punishment based on the analysis of doctrinal approaches, the practice of the Constitutional Court of the Russian Federation, the European Court of Human Rights, and statistical data. The work is based on the use of such general scientific methods of research as dialectical, statistical, comparative-legal and hermeneutic. The above methods are used in interaction to obtain a synergistic effect. In the course of the study, the “deterrent” mechanism of the most severe punishment in the criminal system was found to be sufficient. It is determined that life imprisonment is a necessary measure to ensure social justice, albeit cruel, but appropriate in today’s society.

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