scholarly journals The Role of Authorized Officials in Criminal Proceedings in Bosnia and Herzegovina // Prava i dužnosti ovlašćenih službenih lica u krivičnom postupku u Bosni i Hercegovini

2018 ◽  
Vol 8 (8) ◽  
pp. 194
Author(s):  
Marina M. Simović ◽  
Vladimir M. Simović
Keyword(s):  
Bosnia And Herzegovina ◽  
Information Gathering ◽  
Reasonable Doubt ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Administrative Procedures ◽  
Operational Activities ◽  
Regular Work ◽  
Official Records

The role of authorized officials in the investigative procedure has certain specificities that result from the fact that authorized officials in the investigative procedure act not only on the grounds of existence of reasonable doubt that a criminal offense has been committed, but their regular work is mainly determined by other regulations too i.e. their activities are not merely investigative but also operational. Activities of authorized officials of operational character represent the regular activities of authorized officials within their regular official duties, prevention, control, notification, information gathering, etc. Within this operational work, authorized officials can collect information from citizens, institutions, etc. and make official records, operational reports, and intelligence reports, file misdemeanour reports, and conduct certain administrative procedures.

scholarly journals Crimination and Solution of Criminal Matters in the Criminal Proceedings of Bosnia and Herzegovina - a Division Between Normative and Actual

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Sadmir Karović ◽  
Marina M. Simović
Keyword(s):  
Bosnia And Herzegovina ◽  
Practical Aspect ◽  
Criminal Proceedings ◽  
Criminal Matter ◽  
Criminal Offense ◽  
Procedural Law ◽  
Procedural Task ◽  
Standards Of Proof ◽  
Criminal Matters ◽  
Practical Nature

In this paper, the central part presents the solution of the criminal-procedural task, that is, the clarification and solution of a specific criminal matter in criminal proceedings of Bosnia and Herzegovina by criminal-law entities, with special attention to restrictive legal conditions of a criminal-procedural nature, as well as certain problems and dilemmas of a practical nature. The extremely dynamic development of modern criminal procedural law in the last two decades is also characterized by the adoption of new criminal procedural solutions with a pronounced tendency of humanization, which directly relates to the catalog of the rights of the suspect or accused person. In order to understand the nature of the criminal proceedings, the conceptual determination and differentiation of the criminal matter as the main subject of the criminal proceedings was made to the criminal matter in an unfair and fair sense, with reference to the practical aspect of the efficient conduct of the criminal proceedings and the illumination and settlement of the criminal matter, respecting the standards of proof. Given the nature of the criminal proceedings, in addition to the criminal matter as the main case, other secondary or ancillary issues are included which do not constitute a criminal offense but relate to the criminal matter (property claim, so-called prejudicial or preliminary issues and costs of the proceedings).

scholarly journals INTERACTION OF INVESTIGATOR WITH EXPERT SUBDIVISIONS DURING THE INVESTIGATIVE EXPERIMENT IN THE INVESTIGATION OF VIOLATIONS OF TRAFFIC SAFTY RULES OR TRANSPORT OPERATION

2020 ◽  
pp. 424-433
Author(s):  
А. О. Чичиркін
Keyword(s):  
Traffic Safety ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Organizational Skills ◽  
Criminal Offenses ◽  
Vehicle Operation ◽  
Procedural Time ◽  
Safety Rules

During the investigation of criminal offenses related to violation of traffic safety rules and operation of vehicles, conducting an investigative experiment is one of the mandatory investigative (search) actions, which requires the investigator to concentrate mental and organizational skills and a significant amount of procedural time within the pre-trial investigation, which can be properly ensured through interaction with expert units. In this category of criminal proceedings, the investigative experiment is a source of information on the parameters and characteristics of the accident, which can not be obtained in other ways, and without which many important expert tasks can not be solved during forensic examinations. The purpose of the article is to study the peculiarities of the investigator's interaction with expert units during the investigative experiment in investigating violations of traffic safety rules or vehicle operation, by establishing areas of interaction between the investigator and experts during the investigative experiment in this category of cases; disclosure of types of investigative experiment and typical situations of interaction of the investigator with experts during its carrying out during investigation of the criminal offense provided by Art. 286 of the Criminal Code of Ukraine; determining the role of the expert as a specialist involved in the investigative experiment in the investigation of violations of traffic safety rules or transport operation; identification of shortcomings that arise from improperly organized interaction of the investigator with the expert during the investigative experiment, a proposal for measures to prevent them. The article highlights and reveals the content of the peculiarities of the investigator's interaction with expert units during the investigative experiment in the investigation of violations of traffic safety rules or vehicle operation. It was found that one of the main shortcomings in the design of the protocol is that the investigator during the investigative experiment constantly evaluates the conditions, progress and results of experiments. When drawing up the report, keep in mind that the evaluation of the results by the investigator and other participants in the investigative experiment is beyond the scope of the protocol. As a rule, the evaluation of the results is stated at the end of the protocol.

scholarly journals PROHIBITING MEASURES AS AN ALTERNATIVE TO PRE-TRIAL CUSTODY IF DANGER OF ITERATION EXISTS, YES OR NO?

2019 ◽  
Vol 1 (41) ◽  
Author(s):  
Robert Jović
Keyword(s):  
Bosnia And Herzegovina ◽  
Scientific Paper ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Freedom Of Movement ◽  
Judicial Practice ◽  
Identical Manner ◽  
Alternative Measures ◽  
The Right

The measure of pre-trial custody as the most serve measure to securethe presence of the suspect or accused in criminal proceedings and its successfulconduct has always attracted due attention of both legal doctrines andjudicial practices at all levels due to the consequences concerning the imposedrestriction on the right to freedom of movement. Hence, the interest of scienceand the judiciary was primarily aimed at defining very strict criteria in whichthe measure of pre-trial custody could be used and the rules that should be usedby courts when considering the use of possible alternative measures to ensurethe presence of the suspect or accused that may be the most appropriate, in theparticular situation, without the need to apply a more severe measure if thepurpose of the imposed measure can be achieved with a milder measure. Regardingthe code of criminal proceedings in Bosnia and Herzegovina, all fourlaws on criminal procedure regulate, in a largely identical manner, when andunder what circumstances the custody can be ordered, including the situationof custody order due to the danger of iteration (danger of repetition of criminaloffense or completion of an attempted criminal offense or committing a threatenedcriminal offense).2 However, the reason of confusion and perplexitiesamong the judicial practitioners at various levels of judicial decision-makingis whether the pre-trial custody imposed due to the danger of iteration can bereplaced by prohibiting measures, as milder measures, given that the purpose,in the specific case, is not ensuring the presence of the suspect or the accusedin criminal proceedings, rather than the elimination of the danger of committinga (repeated) criminal offense.It is precisely this problem that is the central point of author’s interest ofthis scientific paper and the author will analyze the theoretical reasons that arefor and the reasons against the possibilities of replacing the custody measurewhen the danger of iteration exists with the prohibiting measures, as well asthe current judicial practice in Bosnia and Herzegovina regarding this issue.

scholarly journals TO THE ISSUE OF THE STATE OF RESTORATIVE JUSTICE IN UKRAINE AT THE PRESENT STAGE

2021 ◽  
pp. 83-95
Author(s):  
K. Yu. Karmazina Karmazina ◽  
M. O. Khrapitska
Keyword(s):  
Restorative Justice ◽  
Criminal Liability ◽  
The State ◽  
Final Decision ◽  
Legal Aid ◽  
Present Stage ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
The Right

The purpose of the article is to study the roles of the prosecutor and the lawyer in reconciling between the victim and the suspect (accused) in Ukraine at the present time and to examine the possibility of increasing their participation in the reconciliation between the parties in the future. Reconciliation between victim and suspect (accused) in committing of a criminal offense as the centerpiece of the restorative justice in Ukraine today takes place outside of criminal proceedings, but it may have important substantive and procedural consequences in it. It can be considered as a mitigating circumstance in sentencing and even give rise to release the suspect (accused) from criminal liability. With the importance of reconciliation not only for the victim and the suspect, but also for the state, the question about scope of prosecutor`s powers as a procedural chief in criminal proceedings remains relevant. Such powers must be effective for facilitation such reconciliation, and at the same time they must prevent the unjustly avoidance of liability. It is also equally important to clarify the role of lawyers and the system of free secondary legal aid in restorative justice in Ukraine. The authors analyzed in the paper the normative regulation of the prosecutor's and the lawyer`s powers related to the reconciliation between the parties and the mechanism for the application of the restorative justice for its sufficiency and ability to provide the necessary mechanisms for implementing the provisions of the law. The authors found such gaps and differences in law regulation that hinder the development of conciliation practices in national criminal proceedings. The authors also examined the data of official state registers and revealed negative trends in the participation of the prosecutor in taking the procedural decisions based on the successful reconciliation between the victim and the suspect (accused). This gives reason to claim that the prosecutor's participation in reconciling between the victim and the suspect (accused) currently does not take into account neither the interests of the parties nor the state's interests in reducing the workload on the judicial and penitentiary systems and resolving other issues that accompany the existing punitive approach. In view of this, the authors proposes to make a number of changes to national legislation in order to eliminate those legal gaps that negatively affect the implementation of rules that guarantee the right to reconciliation and determine the admission of its positive results during making a final decision by court. In addition, the authors also emphasizes the necessity and practical feasibility of introducing a new model of the prosecutor`s participation in reconciling between the victim and suspect (accused) and giving him the right to initiate mediation with the consent of the parties. Such rules will also require the establishment of some additional provisions that will form a comprehensive implementation mechanism and serve as a guarantee of the interests of the victim and suspect (accused). As an example the authors used the rules of Criminal Procedure Act of the Republic of Slovenia. The authors also explored the main provisions and first results of The Pilot Project «Restorative Program for Juveniles Suspected of Committing a Criminal Offense». This project is the first attempt to expand the prosecutor's involvement in reconciling between the victim and the suspect (accused). The authors made conclusions about the real state of restorative justice in Ukraine at the present stage and the role of lawyers in it, taking into account the analysis of unique data collected from the Regional Centers for Free Secondary Legal Aid in Odesa, Mykolaiv and Kherson regions.

Child and Adolescent Suicides in Bosnia and Herzegovina Before and After the War (1992–1995)

Crisis ◽  
2010 ◽  
Vol 31 (3) ◽  
pp. 160-164 ◽  
Author(s):  
Almir Fajkic ◽  
Orhan Lepara ◽  
Martin Voracek ◽  
Nestor D. Kapusta ◽  
Thomas Niederkrotenthaler ◽  
...  
Keyword(s):  
Bosnia And Herzegovina ◽  
Age Differences ◽  
Suicide Risk ◽  
Child And Adolescent ◽  
Youth Suicide ◽  
Southeastern Europe ◽  
Suicide Rates ◽  
Before And After ◽  
Sex And Age Differences

Background: Evidence on youth suicides from Southeastern Europe is scarce. We are not aware of previous reports from Bosnia and Herzegovina, which experienced war from 1992 to 1995. Durkheim’s theory of suicide predicts decreased suicide rates in wartime and increased rates afterward. Aims: To compare child and adolescent suicides in Bosnia and Herzegovina before and after the war. Methods: Data on youth suicide for prewar (1986–90) and postwar (2002–06) periods were analyzed with respect to prevalence, sex and age differences, and suicide methods. Suicide data from 1991 through 2001 were not available. Results: Overall youth suicide rates were one-third lower in the postwar than in the prewar period. This effect was most pronounced for girls, whose postwar suicide rates almost halved, and for 15–19-year-old boys, whose rates decreased by about a one-fourth. Suicides increased among boys aged 14 or younger. Firearm suicides almost doubled proportionally and were the predominant postwar method, while the most common prewar method had been hanging. Conclusions: The findings from this study indicate the need for public education in Bosnia and Herzegovina on the role of firearm accessibility in youth suicide and for instructions on safe storage in households. Moreover, raising societal awareness about suicide risk factors and suicide prevention is needed.

Perhambaan Tradisional di Borneo Utara Zaman Kesultanan Sulu & Brunei

Sains Insani ◽  
2018 ◽  
Vol 2 (2) ◽  
pp. 20-28
Author(s):  
Aping Sajok
Keyword(s):  
Daily Life ◽  
Indigenous Communities ◽  
North Borneo ◽  
Official Records

This study is related to the practice of slavery happened in indigenous communities in North Borneo since under the rule of the Sultanate of Sulu and Brunei. The aim of this study to see how slavery is considered as a unique practice and the slave role in daily life, including the type of slaves and relationship between the slave and their owners. This study will use information about slavery in North Borneo which are available from various sources such as diary, Official records of British North Borneo Chartered Company (BNBCC), Reports, News paper, Microfilm, books and articles. Slavery in North Borneo basically influenced by the role of datu’s and pengiran of the Sulu Sultanate and Brunei which sparked demand for slaves. This causes a form of slavery that occurred in the indigenous tribes such as Suluk, Bajau, Iranun, Dusun and Murut. The practice of slavery grow rapidly along with pirate activities which are intertwined with the slave trading in the Borneo sea. However, before settling by James Brooke in Sarawak and BNBCC in North Borneo, the abolition of slavery activities was implemented. Keywords: Slavery, Sulu, Brunei, Native, History, North Borneo, Abstrak: Kajian ini adalah berkaitan dengan amalan perhambaan yang berlaku dalam masyarakat peribumi di Borneo Utara sejak dibawah pengaruh Kesultanan Sulu dan Brunei. Kajian ini bertujuan untuk melihat bagaimana amalan perhambaan dianggap sebagai sebuah amalan yang unik dan peranan golongan hamba tersebut dalam kehidupan harian termasuklah jenis hamba dan bentuk hubungan di antara hamba itu sendiri dan pemilik hamba. Kajian ini akan menggunakan maklumat mengenai perhambaan di Borneo Utara yang boleh didapati daripada pelbagai sumber seperti catatan diari pegawai British, rekod-rekod Syarikat Berpiagam Borneo Utara British (SBBUB), laporan, akhbar, Mikrofilem, Buku-buku dan Artikel yang telah dihasilkan oleh sarjana awal. Perhambaan di Borneo Utara pada dasarnya banyak dipengaruhi oleh peranan pembesar daripada Kesultanan Sulu dan Brunei yang mencetuskan permintaan terhadap hamba. Hal tersebut menyebabkan wujud perhambaan yang berlaku dalam suku peribumi seperti Suluk, Bajau, Iranun, Dusun dan Murut. Amalan ini berkembang pesat bersama dengan aktiviti perlanunan yang saling berkait dengan perdagangan hamba di sekitar perairan Borneo. Namun demikian, menjelang pertapakan James Brooke di Sarawak serta SBBUB di Borneo Utara, penghapusan aktiviti perhambaan ini telah dijalankan. Kata kunci: Perhambaan, Sulu, Brunei, Peribumi, Sejarah, Borneo Utara,

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

Processing the Future

2018 ◽  
Author(s):  
Martin Giraudeau
Keyword(s):  
Venture Capital ◽  
Diagnostic Techniques ◽  
Business Administration ◽  
Knowledge Practices ◽  
Project Appraisal ◽  
Development Corporation ◽  
Close Relationship ◽  
Administrative Procedures ◽  
American Research

This chapter is an analysis of the project appraisal procedures in place at American Research and Development Corporation (ARD) between 1946 and 1973, under the management of Georges F. Doriot. It shows the importance of knowledge technologies and administrative procedures in the way the venture capital company dealt with uncertain futures. The origins of these knowledge practices are traced back to Georges F. Doriot’s own views on business and more generally to the pragmatist movement in business administration of which he was a member. The conduct of project appraisal at ARD is then observed directly, and this reveals its reliance on a rich set of knowledge and diagnostic techniques as well as administrative procedures. These observations allow for a specification of the nature and role of imagination in the entrepreneurship and venture capital practices examined here—in particular, its close relationship with organized knowledge.

FEATURES OF OPERATIONAL ACTIVITIES SUBDIVISIONS AND ORGANIZATION OF THEIR INTERACTION WITH OTHER DEPARTMENTS AND SERVICES FOR PREVENTION OF EXTREMISM SPREAD IN PENAL INSTITUTIONS

2020 ◽  
pp. 129-134
Author(s):  
Дмитрий Евгеньевич Горюнов
Keyword(s):  
Social Phenomenon ◽  
Correctional Institution ◽  
Educational Work ◽  
Penal Institutions ◽  
The Subject ◽  
Main Determinants ◽  
Operational Activities ◽  
Search Information

В данной статье рассматривается понятие экстремизма как социального явления, его основные детерминанты, оказывающие влияние на его распространение в условиях исправительного учреждения, роль оперативного отдела пенитенциарного учреждения в профилактике распространения данного явления. Описываются основные условия, способствующие совершению правонарушений и преступлений, раскрывается понятие оперативного поиска, под которым понимаются мероприятия, направленные на установление первичной информации о лицах либо фактах, представляющих существенную значимость (оперативный интерес), ее систематизацию, проверку и принятие необходимых решений в целях профилактики и раскрытия преступлений экстремистской направленности. Первичная оперативно-розыскная информация - это сведения о лицах и фактах, которые рассматриваются как данные, представляющие оперативный интерес, о которых ранее не было известно оперативному аппарату исправительного учреждения. Получение подобных сведений позволит оперативным подразделениям составить первоначальный психологический портрет изучаемого, а также прогнозировать его дальнейшее поведение. Рассматривается формирование криминологического портрета осужденного, являющегося носителем экстремистской идеологии, так как без данной информации невозможно ведение полноценной воспитательной работы по развенчанию экстремистской идеологии. Раскрываются формы и методы взаимодействия оперативных отделов исправительного учреждения с другими отделами ИУ по вопросам реализации мероприятий, направленных на противодействие распространению экстремистской идеологии в местах лишения свободы. This article considers the concept of extremism as a social phenomenon, the main determinants influencing its spread in the conditions of a correctional institution. The role of the operational department of the penitentiary institution in preventing the spread of this crime. The main conditions contributing to the commission of offenses and crimes are described. The concept of operational search is described, which should be understood as measures aimed at establishing primary information about persons or facts of significant importance (operational interest), its systematization, verification and making the necessary decisions in order to prevent and solve extremist crimes. Initial operational-search information, this is information about persons and facts that are considered as data of operational interest, which were previously not known to the operating apparatus of the correctional institution. Obtaining such information will allow operational units to draw up an initial psychological portrait of the subject, as well as predict his further behavior. It describes the formation of a criminological portrait of a convict who is the bearer of extremist ideology. Since without this information it is impossible to conduct full-fledged educational work to debunk extremist ideology. The forms and methods of interaction between the operational departments of the correctional institution and other departments of the IU on the implementation of measures aimed at countering the spread of extremist ideology in places of deprivation of liberty are disclosed.

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