scholarly journals Corrective Measures Establishment Character for Minors in the Republic of Srpska // Vaspitne mjere zavodskog karaktera za maloljetnike u Republici Srpskoj

2017 ◽  
Vol 7 (7) ◽  
pp. 276
Author(s):  
Tamara Marić
Keyword(s):  
Personal Responsibility ◽  
General Purpose ◽  
Juvenile Crime ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Sanctions ◽  
The Republic ◽  
Special Rules ◽  
Care Assistance

Within the general purpose of criminal sanctions and that the suppression of unlawful activities which violate or threaten the values protected by criminal law, specifically stipulates that the purpose of criminal sanctions against minors to providing protection, care, assistance and supervision, as well as providing general and vocational training affect the development of the strengthening of the personal responsibility of minors, to provide education of minors, and to ensure proper development of the minor figures in order to ensure his re the inclusion in the community. In this regard, the legislator in the Republic of Srpska prescribe special rules of criminal procedure to juveniles, and specific sanctions that can be imposed on juveniles. Juvenile criminal sanctions is, by its nature and purpose, different from the criminal sanctions imposed on adult offenders. They aim to protect society from juvenile crime through education and re-education or re-socialization and proper development of juveniles. Minors up to criminal offense, according to Law of the protection and treatment of children and juveniles in criminal proceedings Republic of Srpska, can impose a corrective measure, security measures of juvenile and constipation as a special type of sentence by older minors.

scholarly journals Criminal Liability of Legal Entities under the Laws of the Republic of Slovenia

2018 ◽  
Vol 5 ◽  
pp. 75-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Security Measures ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Commercial Activities ◽  
Criminal Offenses ◽  
Conditional Sentence ◽  
The Republic ◽  
Legal Entities

The article is dedicated to review of the laws of the Republic of Slovenia on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 1999 and the Criminal Code of the Republic of Slovenia. The article reviews statutory resolutions making it possible to review a legal entity as a criminal liability subject; gives a number of persons, which can be brought to criminal liability; focuses on the fact that legal entities can be brought to criminal liability in the Republic of Slovenia for a limited number of acts (crimes) defined by the law; considers criminal sanctions applicable to legal entities: fi ne, forfeiture of property, legal entity liquidation, prohibition to place securities held by a legal entity; reviews the possibility of imposition of a conditional sentence on a legal entity and the security measures applicable to legal entities, including: sentence publication and prohibition to engage in specific commercial activities.

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 When a Juvenile Commit Criminal Act

2019 ◽  
pp. 59-66
Author(s):  
Sinisa Franjic
Keyword(s):  
Professional Training ◽  
Personal Responsibility ◽  
General Purpose ◽  
Juvenile Violence ◽  
Care Assistance

For the commiting criminal acts, juvenile can be sanctioned with educational measures and with juvenile imprisonment. The general purpose of juvenile sanctions is to provide protection, care, assistance and supervision, and by ensuring the general and professional training of juvenile perpetrators of criminal acts affecting his/her upbringing, development of his/her entire personality and strengthening his/her personal responsibility. Keywords: Juvenile; Violence; Delinquency

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 Steps towards improving the system of records, collection and monitoring of data relevant to statistics within the system of juvenile justice in the Republic of Serbia

Temida ◽  
2012 ◽  
Vol 15 (3) ◽  
pp. 49-65
Author(s):  
Ivana Stevanovic
Keyword(s):  
Juvenile Justice ◽  
Juvenile Crime ◽  
System Reform ◽  
Assessment And Evaluation ◽  
Record Keeping ◽  
Criminal Sanctions ◽  
Basic Set ◽  
The Republic ◽  
Global Indicators ◽  
Automated Record Keeping

The paper emphasises the importance of ?good statistics of juvenile justice? as one of the basis for a clearer overview of the juvenile crime situation, in order to create unique policies at local and national levels for the suppression and prevention of this phenomenon, and to create appropriate areas for action in terms of improving the system reform. The author particularly gives a review of the ?Global Indicators in Juvenile Justice? which present the basic set of data and comparative tool that provides a basis for the assessment and evaluation of services and policies in the field of juvenile justice, and highlights the importance of compatibility of ?national indicators? with them. Particular attention in the paper has been devoted to the overview and analysis of the necessary measures to improve this field, that were prepared and delivered to the relevant ministries and institutions by the Council for Monitoring and Promoting the work of Bodies Engaged in Criminal Proceeding and Enforcement of Juvenile Criminal Sanctions Involving Juveniles - Juvenile Justice Council (hereinafter: the Council). It was pointed, first of all, at the suggestions made by the Council to the Ministry of Justice with the aim to improve the Program for automated record keeping, at the necessary changes of the Court rules, and certain amendments to Forms SK- 3 and SK- 4 of the Statistical Office of the Republic of Serbia were presented.

STATE PROTECTION AND SECURITY OF PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS, ACCORDING TO THE LEGISLATION OF UKRAINE

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Svitlana Hlushchenko ◽  
Mariana Khmyz ◽  
Pavlo Harasym ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Law Enforcement Agencies ◽  
Member States ◽  
Criminal Offense ◽  
Legal Proceedings ◽  
The Law ◽  
State Protection

The article reveals the features of state protection and security of persons participating in criminal proceedings, according to the legislation of Ukraine. It was found that the legal foundations of state protection and security of persons involved in criminal proceedings, in Ukraine are governed by the provisions of regulatory documents, in particular, such as: a) the Law of Ukraine «On ensuring the safety of persons participating in criminal proceedings»; b) the Law of Ukraine «On State Protection of Employees of the Court and Law Enforcement Agencies»; c) Resolution of the Plenum of the Supreme Court of Ukraine «On the application of legislation, which provides for state protection of judges, employees of the court and law enforcement agencies and persons involved in legal proceedings»; d) Decision of the Council of Judges of Ukraine «On measures to ensure the safety of courts and judges, the protection of judges and persons who participate in the implementation of legal proceedings»; e) Recommendation No. R(97) 13 of the Committee of Ministers of the Council of Europe to Member States Concerning Intimidation of Witnesses and the Rights of the Defence, adopted by the Committee of Ministers on 10 September 1997 at the 600th meeting of the Ministers' Deputies; f) Recommendation Rec (2005) 9 of the Committee of Ministers of the Council of Europe to member states on the protection of witnesses and collaborators of justice, adopted by the Committee of Ministers of the Council of Europe on 20 April 2005 at the 924th meeting of the Ministers' Deputies. It has been established that the right to protection and security through the use of special measures has the persons who made a statement to the relevant law enforcement agency about a criminal offense, persons who otherwise participated in criminal proceedings, the victim (victims) or his representative (representatives) in criminal proceedings, an accused, a suspect, legal representatives and defenders, a civil plaintiff and a civil defendant, as well as their representatives in a case for compensation for damage caused as a result of a criminal offense, a representative of a legal entity in respect of which the proceedings are being carried out, employees of the probation body, witness, accuser, specialist, expert, attesting witness and translator, family members and close relatives of the above persons, in order to prevent influence on the actions and testimonies of participants in criminal proceedings. It has been determined that the authorities responsible for ensuring the safety of persons involved in legal proceedings, in particular in criminal proceedings, are the state bodies of Ukraine, which make appropriate decisions on the application of security measures, as well as directly implement security measures. It is noted that the prospects for further research in this direction are the study of the features of the witness protection program in Ukraine and its improvement, taking into account foreign experience, in particular the USA experience in this direction.

APPLICATION OF EVIDENCE STANDARDS IN CRIMINAL PROCEEDINGS

2021 ◽  
Vol 2 (2) ◽  
pp. 67-74
Author(s):  
Maryna Horodetska ◽  
Keyword(s):  
Security Measures ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Standard Of Proof ◽  
Judicial Practice ◽  
Reasonable Suspicion ◽  
Standards Of Proof ◽  
Objective Side ◽  
Procedural Decisions

The article is devoted to the study of the application of standards of proof in criminal proceedings. The criminal procedural legislation for determination of standards of proof is analyzed. The international and national judicial practice of application of standards of proof is investigated. Peculiarities of application of standards of proof at different stages of criminal proceedings are revealed. Differences in the application of standards of proof in making different procedural decisions have been established. The standard of reasonable suspicion is investigated. It is determined that the establishment of the standard “reasonable suspicion” depends on: 1) the stage of pre-trial investigation; 2) the degree of restriction of individual rights during decision-making. The article concludes that the lowest level of suspicion is sufficient for the commencement of criminal proceedings - suspicion of the fact of committing a criminal offense. Such suspicion of the fact of committing a criminal offense corresponds to the establishment of the object and the objective side of the criminal offense. It was found that during the detention of a person for committing a criminal offense, in addition to the suspicion of committing a criminal offense, the standard of “suspicion of sufficient involvement of the detainee” must be achieved. A certain level of suspicion of sufficient involvement of the detainee in the commission of a criminal offense is necessary to justify his detention. It was found that the notification of a person's suspicion of committing a criminal offense (without the application of a precautionary measure against him) presupposes the achievement of the standard of proof - “sufficient grounds (evidence)”. Which is lower than the standard of «reasonable suspicion”, the achievement of which is necessary in case of restriction of the rights of the person in connection with the application of security measures, etc. It is established that the standard “reasonable suspicion” is not stable and is assessed depending on the course of criminal proceedings. Over time, the standard of proof of “reasonable suspicion” increases and should be supported by proof of new circumstances and risks.

scholarly journals The Criminal Liability of Legal Entities under the Laws of Bosnia and Herzegovina

2018 ◽  
Vol 9 ◽  
pp. 73-78
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Bosnia And Herzegovina ◽  
Criminal Liability ◽  
Criminal Code ◽  
Security Measures ◽  
Law System ◽  
Criminal Sanctions ◽  
Proceeds Of Crime ◽  
The Republic ◽  
Legal Consequences ◽  
Legal Entities

The article is dedicated to a review of the laws of Bosnia and Herzegovina on the criminal liability of legal entities. The article reviews the criminal law system of Bosnia and Herzegovina, which includes among other laws the four criminal codes: the Criminal Code of Bosnia and Herzegovina; the Criminal Code of the Federation of Bosnia and Herzegovina; the Criminal Code of the Republic of Srpska and the Criminal Code of the Brčko District. The author analyzes provisions of the criminal laws of Bosnia and Herzegovina on the criminal liability of legal entities. The author notes that pursuant to such provisions, legal entities are acknowledged as a criminal liability subject; gives a number of legal entities, which can be brought to criminal liability; underlines that legal entities in Bosnia and Herzegovina can be brought to criminal liability for any acts acknowledged as punishable by the national criminal laws. The publication reviews the grounds and conditions for the criminal liability of legal entities; the model of the criminal liability of legal entities; the criminal sanctions imposed on legal entities and the applied security measures. It is noted that the criminal codes in effect in Bosnia and Herzegovina make a distinction between the punishment measures, security measures, seizure of proceeds of crime and legal consequences of conviction of a legal entity.

scholarly journals Subsidiary Imprisonment in Criminal and Misdemeanor Law of Serbia // Supletorni zatvor u krivičnom i prekršajnom pravu Srbije

2017 ◽  
Vol 7 (7) ◽  
pp. 193
Author(s):  
Dragan Jovašević ◽  
Marina Simović
Keyword(s):  
Criminal Law ◽  
Criminal Sanction ◽  
Criminal Offense ◽  
The Public ◽  
Criminal Sanctions ◽  
Security Measure ◽  
The Republic ◽  
License Revocation ◽  
The Right ◽  
Concept Type

In a criminal (criminal and misdemeanor) law the right to deprivation of liberty of movement of another person - a perpetrator of a criminal offense - based on a decision of the court for a specified period of time is a type of criminal sanction of institutional character (whether it is punishment, security measure or educational measure). However, criminal law knows the so-called special forms of law-based deprivations of liberty, which do not represent the type and measure of criminal sanctions. These are, in fact, forms of deprivation of liberty that represent the substitute for the other previously imposed, entirely or partly, unpaid penalties - fine, driving license revocation or work in the public interest. This Paper deals with the concept, type and characteristics of the subsidiary imprisonment in positive criminal law of the Republic of Serbia.

scholarly journals SAFETY MEASURE OF MANDATORY TREATMENT FREEDOM OF ALCOHOLICS (STANDARD AND PRACTICE)

2021 ◽  
Vol 59 (2) ◽  
pp. 143-160
Author(s):  
Slađana Mi ◽  
◽  
Dragana Mitrović ◽  
Keyword(s):  
Total Mass ◽  
Criminal Code ◽  
Safety Measure ◽  
Security Measures ◽  
Safety Measures ◽  
Criminal Sanctions ◽  
Security Measure ◽  
The Subject ◽  
The Republic ◽  
Criminal Legislation

In accordance with modern understandings of criminal law science and solutions present in the comparative criminal legislation, the Criminal Code of the Republic of Serbia pays special attention to security measures as special and above all specific criminal sanctions. They are one of the four types of criminal sanctions provided for in this legal text. Among the eleven security measures, four are of a medical nature and they differ in a number of features, not only in relation to other criminal sanctions, but also other security measures. One of the medical safety measures is the obligatory treatment of alcoholics. There are a number of specifics of this security measure, and one of them is its manner of execution. Given this, the subject of analysis in the paper are two aspects of the safety measure of compulsory treatment of alcoholics. These are: normative and practical. The justification of this approach in the analysis of the subject matter is contained in the fact that only adequately performed and this security measure is in the function of its standardization - the function of eliminating conditions or conditions that may affect the perpetrator in the future does not commit crimes due to alcohol dependence. to the expression of criminal acts of violence that are increasingly present in the total mass of crime.

Sign in / Sign up

Export Citation Format

Share Document