scholarly journals Committing the most dangerous convicts to serve prison sentences

2020 ◽  
Vol 92 (3) ◽  
pp. 312-346
Author(s):  
Ivan Milić
Keyword(s):  
Organised Crime ◽  
Prison Sentence ◽  
Criminal Offenses ◽  
Penal Institution ◽  
Penal Institutions ◽  
The Law ◽  
The Republic ◽  
Special Rules

There are more than thirty penal institutions in the Republic of Serbia in which persons deprived of liberty "reside" due to different reasons as prescribed by law. A convicted person is committed to serve a prison sentence after the final court judgement. This is the rule, however, there is an exception. The position of a convict while serving a prison sentence depends on the type of penal institution in which the convict serves the sentence. There are many circumstances prescribed by law that determine to which penal institutions a convict will be committed to. Since 2009, there have been special rules on serving prison sentences for a certain category of convicts in the Republic of Serbia. This is when the Law on the Enforcement of the Prison Sentence for Criminal Offenses of Organised Crime was enacted. The author focuses on the committal of the most dangerous convicts to serving prison sentences. In this regard, the author points out who the most dangerous convicts are, where they serve the prison sentence, and how the procedure of committing the convict to serve the sentence is organised.

scholarly journals RESPONSIBILITY OF CONVICTED AND MAINTENANCE OF ORDER AND SECURITY IN PENITENTIARY INSTITUTIONS

TEME ◽  
2020 ◽  
pp. 1187
Author(s):  
Darko Dimovski ◽  
Ivan Milić
Keyword(s):  
Community Service ◽  
Organized Crime ◽  
Subject Matter ◽  
Criminal Liability ◽  
Criminal Sanctions ◽  
Penal Institution ◽  
Different Types ◽  
Penal Institutions ◽  
The Law ◽  
The Republic

In the Republic of Serbia, there are more than thirty penitentiary institutions in which convicted offenders serve their prison sentences. These are prisons of different types: closed, semi-closed and open prisons. At the same time, convicts are not the only ones placed in prisons, but also other persons deprived of their liberty by law. Apart from offenders convicted for the commission of criminal offences, these penitentiary institutions also house other persons who are lawfully deprived of liberty under the law for the commission of a misdemeanour or for the failure to pay a fine or do community service. A common feature shared by all these categories of people is the liability for the committed offence but, depending on the specific type of liability, they are subject to different treatment in penal institutions. In such circumstances, penal institutions have to take relevant measures to maintain order and security in prisons.The paper explores a number of issues related to convicts and other inmates in prisons. The authors first focus on three different types of liability: criminal liability, disciplinary liability, and material liability, which clearly imply different treatments of convicts and inmates in the course of serving their term of imprisonment. Then, the authors address the problems of maintaining order and security in prisons. Generally speaking, the law that applies to persons serving their sentences in a penal institution is the Act on the Execution of Criminal Sanctions but, depending on the committed crime, they may also be subject to the Act on the Execution of Imprisonment for Organized Crime. Thus, the authors discuss the legal solutions pertaining to this subject matter as contained in both legislative acts.

scholarly journals Informing victims about the release of perpetrators from serving their prison sentence

Temida ◽  
2015 ◽  
Vol 18 (2) ◽  
pp. 79-104
Author(s):  
Nikica Hamer-Vidmar ◽  
Martina Bajto ◽  
Danijela Ivanovic ◽  
Maida Pamukovic ◽  
Ana Rusevljan
Keyword(s):  
Psychosocial Support ◽  
Prison Sentence ◽  
Sexual Freedom ◽  
The Law ◽  
The Republic

This paper deals with the practice of informing victims about the release of offenders who serve their prison sentences for crimes against sexual freedom, against life and limb or criminal acts with elements of violence in the Republic of Croatia. Tasks of informing victims about the offender?s release on the basis of the Law on Amendments to the Law on Enforcement of Prison Sentence perform the Ministry of Justice, the Independent Service for Victims and Witnesses Support. The Independent Service for Victims and Witnesses Support developed the system of informing victims based on the practice of other countries and improves it continuously. The aim of this paper is to present the procedure of informing victims about the release of offenders, as well as the survey findings about the extent to which victims take advantage of some form of psychosocial support that is available, reactions of victims upon receiving information of the offender?s release as well as about victims? needs for additional psychosocial support.

scholarly journals THE ROLE OF MARTIAL COURT IN THE PERSPECTIVE OF LAW ENFORCEMENT IN INDONESIA

2021 ◽  
Vol 6 (22) ◽  
pp. 66-73
Author(s):  
Mahfutt Mahfutt ◽  
Khairil Anwar ◽  
Billi Belladona Matindas
Keyword(s):  
Secondary Data ◽  
Armed Forces ◽  
Primary Data ◽  
Court System ◽  
Criminal Offenses ◽  
The Law ◽  
Law And Justice ◽  
The Republic ◽  
The Military

The position of the Military Court is a body that executes the judicial power in the circle of the Indonesian National Armed Forces to enforce the law and justice with due observance of the interest in the state defense and safety. The Military Court is authorized to try the crimes committed by someone who when committing such crime is a soldier of the Indonesian National Armed Forces, a member of a group or office or body or equal to a soldier pursuant to the Law and someone is not included in the said group as set forth in the Law Number 31 of 1997 on Military Court. Following the reform of 1988, the existence of the Military Court is developed by some activists and the public that observe the Military Court, insisting the Parliament of the Republic of Indonesia to revise Law Number 31 of 1997 on Military Court, with the focus point for a soldier of the Indonesian National Armed Forces who commits a general crime to be tried in the General Court with the reason that the Military Court practice is closed in nature, and another reason is the equalization of rights before the law. The method used in this research is the normative law research that is carried out to obtain the necessary data relating to the problem. The data used is secondary data consisting of primary law materials, secondary law materials, and tertiary law materials. In addition, primary data is also used as the support of the secondary data law materials. The data is analyzed by the qualitative juridical analysis method. The results of the research show that the Military Court is one of the mechanisms that are always tried to be maintained. The outcome from the research discovers that the role of the Martial Court in Indonesia remains effective, fair, and democratic to this date realistically marked by fair punishment within the jurisdiction offended, which corresponds to the need of TNI institution in the aspects of Culture, Benefit, Assurance, and Fairness. It is recommended that the RI Government continuously develop and improve the same by maintaining the role of the Martial Court in punishing criminal offenses committed by military members on the Martial Court system currently in force.

scholarly journals Criminal Sanctions for Legal Entities in the Law of the Republic of Serbia

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Dragan Jovašević
Keyword(s):  
20Th Century ◽  
Criminal Liability ◽  
The State ◽  
International Standards ◽  
Security Measures ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
Legal Nature ◽  
The Law ◽  
The Republic

In 2008, the Republic of Serbia adopted a special Law on Liability of Legal Persons for Criminal Offenses. In doing so, on the basis of the international standards contained in the relevant international documents, it joined a large number of countries that introduced criminal liability of legal persons for crimes committed in addition to their responsible persons at the end of the 20th century. For legal persons, the law prescribed a disparate system of criminal sanctions in response to the state-society’s response to such unlawful and punishable conduct. The system of criminal sanctions in the law of the Republic of Serbia includes: penalties, probation and security measures. The law defined the concept, character, legal nature, manner, procedure, pronouncement and execution of criminal sanctions, whose characteristics this particular work speaks of.

scholarly journals Sentencing and enforcement of the prison sentence served in the premises where the convicted person resides: The so-called house arrest

2020 ◽  
Vol 54 (3) ◽  
pp. 999-1022
Author(s):  
Dragiša Drakić ◽  
Ivan Milić
Keyword(s):  
Criminal Code ◽  
Criminal Sanction ◽  
Prison Sentence ◽  
Criminal Proceedings ◽  
House Arrest ◽  
Criminal Sanctions ◽  
Penal Institution ◽  
Long Time ◽  
Legal Position ◽  
The Republic

The rule that convicted persons serve their sentences exclusively in prisons has not been valid in the Republic of Serbia for a long time. Prison sentences may also be executed in the premises where the convicted person resides. Such a solution is introduced by the 2009 Law on Amendments and Supplements to the Criminal Code. The Criminal Code does not prescribe the punishment of a prison sentence served in the premises where the convicted person resides as a special punishment. Instead, the offender is sentenced to imprisonment, which is then executed in the premises where he lives. In criminal proceedings, the court is obliged to individualize the criminal sanction in a way that takes into account objective and subjective circumstances - the circumstances relating to the committed crime and its perpetrator. There are such perpetrators who it is necessary to sentence to prison, but who should not be sent to a penal institution. The prison sentence may also be served in premises where they reside (with or without electronic surveillance). Although, in a legally-binding sentence, the accused is sentenced to imprisonment in a penal institution, this does not necessarily mean that he will be placed into a penal institution to serve his sentence. The amendments and supplements of the Criminal Code leave an "opportunity" for the convict to serve his sentence in the premises where he resides, if the prescribed conditions are met. This is only a possibility which may be decided on by the judge in charge of executing criminal sanctions. If it is decided that the convicted person shall serve his sentence in the premises where he resides, the next step is the execution of the sentence. Not all convicted persons who are serving their sentence in this way are in the same legal position, as there is individualization in the process of executing a sentence as well. This difference is apparent, above all, in the amount of time that a convict is allowed to spend outside of the premises in which he resides. The focus of the authors' attention is precisely the punishment of imprisonment served in the premises where the convict resides (the so-called house arrest). The authors deal with material aspects and aspects of execution of the sentence. This paper focuses, among other matters, on the conditions for sentencing, models of execution of the sentence and the legal position of the convicted person while serving his sentence.

scholarly journals Children Handling Procedure in Islamic Criminal Offense in Aceh

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Analiansyah Analiansyah ◽  
Ali Abubakar
Keyword(s):  
Special Education ◽  
Human Resources ◽  
Criminal Law ◽  
Criminal Cases ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
The Law ◽  
The Republic ◽  
Religious Courts ◽  
Laws And Regulations

The Law of the Republic of Indonesia authorizes Aceh to implement shari’a law in various sectors, including jināyāt (Islamic criminal law). The Aceh Government issued qanuns (Regional Bylaws) which cover several jarimah (criminal acts), and its implementation becomes the authority of Shari’a Courts (Mahkamah Syar’iyyah) in Aceh. This additional authority is different from the authority of the Religious Courts (Pengadilan Agama) in other provinces in Indonesia. Judges in those courts do not receive any special education in criminal law, especially cases involving children that have been regulated in a special law. The additional authority in examining and adjudicating criminal cases for Shari’a Court has led to a new Human Resources (HR) problem. This article analyzes the process of handling children in shari’a Courts in Aceh using the lex specialis derogate legi generalis and the systematic lex specialis principles. The results show that the handling of Islamic criminal offenses involving children has been carried out by referring to existing laws and regulations according to the principle of specificity. Some weaknesses in human resources and infrastructure can be appropriately resolved by the Shari’a Courts and the Aceh Government. Abstrak:Undang-Undang Republik Indonesia memberikan kewenangan kepada Aceh untuk menerapkan syariat Islam di berbagai bidang, termasuk jināyāt (hukum pidana Islam). Pemerintah Aceh mengeluarkan qanun (Peraturan Daerah) yang mencakup beberapa jarīmah (perbuatan pidana) dan pelaksanaannya menjadi kewenangan Pengadilan Syariah (Mahkamah Syar’iyyah) di Aceh. Kewenangan tambahan ini berbeda dengan kewenangan Peradilan Agama di provinsi lain di Indonesia. Hakim-hakim di pengadilan-pengadilan tersebut tidak mendapatkan pendidikan khusus dalam hukum pidana, terutama kasus-kasus yang melibatkan anak-anak yang telah diatur dalam undang-undang khusus. Kewenangan tambahan dalam memeriksa dan mengadili perkara pidana di Mahkamah Syariah menimbulkan persoalan Sumber Daya Manusia (SDM) baru. Artikel ini menganalisis proses penanganan anak di Pengadilan Syariah di Aceh dengan menggunakan prinsip lex specialis derogate legi generalis dan systematic lex specialis. Hasil penelitian menunjukkan bahwa penanganan tindak pidana Islam yang melibatkan anak telah dilakukan dengan mengacu pada peraturan perundang-undangan yang ada sesuai dengan asas kekhususan. Beberapa kelemahan sumber daya manusia dan infrastruktur dapat diselesaikan dengan baik oleh Pengadilan Syariah dan Pemerintah Aceh. 

Legal and Institutional Functionality in the Protection of Women – Victims of Domestic Violence in the Republic of Macedonia – Present Situation and Future Perspectives

2017 ◽  
Vol 10 (2) ◽  
pp. 131
Author(s):  
Zorica Saltirovska Professor ◽  
Sunchica Dimitrijoska Professor
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Social Protection ◽  
National Level ◽  
Gender Based Violence ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Gender Based

Gender-based violence is a form of discrimination that prevents women from enjoying the rights and liberties on an equal level with men. Inevitably, domestic violence shows the same trend of victimizing women to such a degree that the term “domestic violence” is increasingly becoming synonymous with “violence against women”. The Istanbul Convention defines domestic violence as "gender-based violence against women", or in other words "violence that is directed against a woman because she is a woman or that affects women disproportionately." The situation is similar in the Republic of Macedonia, where women are predominantly victims of domestic violence. However, the Macedonian legal framework does not define domestic violence as gender-based violence, and thus it does not define it as a specific form of discrimination against women. The national legislation stipulates that victims are to be protected in both a criminal and a civil procedure, and the Law on Prevention and Protection from Domestic Violence determines the actions of the institutions and civil organizations in the prevention of domestic violence and the protection of victims. The system for protection of victims of domestic violence closely supports the Law on Social Protection and the Law on Free Legal Aid, both of which include provisions on additional assistance for women victims of domestic violence. However, the existing legislation has multiple deficiencies and does not allow for a greater efficacy in implementing the prescribed measures for the protection of victims of domestic violence. For this reason, as well as due to the inconsistent implementation of legal solutions of this particular issue, the civil sector is constantly expressing their concern about the increasingly wider spread of domestic violence against women and about the protection capabilities at their disposal. The lack of recognition of all forms of gender-based violence, the trivial number of criminal sentences against persons who perform acts of domestic violence, the insufficient support offered to victims – including victim shelters, legal assistance, and counseling, and the lack of systematic databases on domestic violence cases on a national level, are a mere few of the many issues clearly pointing to the inevitable conclusion that the protection of women-victims of domestic violence is inadequate. Hence, the functionality and efficiency of both the existing legislation and the institutions in charge of protection and support of women – victims of domestic violence is being questioned, which is also the subject for analysis in this paper.

ANALISA YURIDIS HAK KEBEBASAN BERPENDAPAT BERDASARKAN KETENTUAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2020 ◽  
Vol 18 (1) ◽  
pp. 001
Author(s):  
Eddy Suwito
Keyword(s):  
Social Media ◽  
General Public ◽  
Legal Information ◽  
The Public ◽  
Harm To Others ◽  
The Law ◽  
The Republic

The development of technology that continues to grow, the public increasingly facilitates socialization through technology. Opinion on free and uncontrolled social media causes harm to others. The law sees this phenomenon subsequently changing. Legal Information Known as Information and Electronic Transaction Law or ITE Law. However, the ITE Law cannot protect the entire general public. Because it is an Article in the ITE Law that is contrary to Article in the 1945 Constitution of the Republic of Indonesia.

ABOUT SOME CHANGES AND ADDITIONS TO ANTIMONOPOLY LEGISLATION (BY THE EXAMPLE OF THE REPUBLIC OF BELARUS)

2020 ◽  
Author(s):  
O.V. Sinyak
Keyword(s):  
Eurasian Economic Union ◽  
Economic Union ◽  
The Law ◽  
The Republic

The main changes and additions in connection with the entry into force of the new version of the Law are considered. The purpose of the new edition of the Law is to improve the norms of antimonopoly laws, taking into account the practice of its application, bringing them into line with international legal acts that make up the law of the Eurasian Economic Union

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