The Criminal Offence of Child-on-Child Abuse With a Fatal Outcome

This research aims to analyse the legal protection for the child offenders in criminal offence of abuse with a fatal outcome, the judge's considerations in imposing imprisonment for the offence and the obstacles in the crime. Data obtained through empirical legal research. This research uses primary data obtained from empirical legal research in the form of interviews with respondents and informants and combines legal materials such as textbooks, theories, laws and regulations which are considered as secondary data. The results of the research showed that the legal protection provided to the child convicts is in the form of identity confidentiality, is treated well during the investigation process, is placed in a special place, the Judges in making considerations always refer to the mitigating factors such as the juvenile's age, the juvenile's mental state, the juvenile's background, the juvenile's family attitude and aggravating things such as a bad juvenile's life history and parents who are unable to educate them.. The things that indirectly hinder the process of settling this case are the parents negligence, lack of cooperation from both parties, and also the influence of gadgets. It is recommended to the law enforcement officers and Juvenile’s Special Development Institute should continue to cooperate in carrying out legal protection for child perpetrators according to applicable rules, the judge before imposing a prison sentence should prioritize the best interests of the child and to parents should contributing better in control the children's behavior.

MUSIC AS A FACTOR IN ETIOLOGY OF CRIME: CAN IT MAKE US ACCEPT THE UNACCEPTABLE?

With no intention to present the importance of music for our lives and for the culture, lesser than it truly has, authors are testing the role of music as a potential factor in etiology of crime. More specifically, they are trying to question whether the music lyrics whose content indicates acceptability of actions that are usually not acceptable, moreover that are criminal, might have an influence on individual so that person perpetrates criminal offence. After brief overview of criminological theories that correlate music and crime, authors will present qualitative study on lyrics of one of the most famous rap duos in Bosnia and Herzegovina, with the analysis of the text, and results of survey conducted among student population of Bosnia and Herzegovina, regarding the general and personal influence of the duo's music.

German Experience of Terminating Criminal Prosecution with the Imposition of Duties and Regulations on the Accused in the Context of the Russian Draft Law on Criminal Offence

The second attempt of the Supreme Court of the Russian Federation to introduce the concept of a criminal offence into Russian criminal and criminal procedure legislation widens the non-rehabilitating grounds for the termination of a criminal case or prosecution with the imposition of other criminal law measures: it is suggested that, in addition to a court fine, community work and partially paid work should also be introduced. This leads to certain problems, including problems with the presumption of innocence and the observance of the principle of justice. The authors turn to the German experience for a better understanding of the situation. Germany faced similar problems much earlier, when § 153а was introduced in the Criminal Procedure Code of the Federal Republic of Germany (CPC of the FRG); it provided for an opportunity to terminate criminal prosecution for criminal offences on the grounds of expediency with the imposition of duties and regulations on the accused, which are akin to criminal law measures under draft law № 1112019-7. Taking into consideration the theoretical approaches developed in Germany, the practice of the Constitutional Court of the FRG and the Supreme Court of the FRG, the authors examine the goals of introducing § 153а in the CPC of the FRG, the practice of its implementation, as well as the problem of terminating criminal prosecution on the grounds of expediency with the imposition of duties and regulations on the accused connected with the observance of the Constitution of the FRG, the presumption of innocence, the principles of justice, certainty, equality before law; they analyze the controversial legal nature of duties and regulations under § 153а in the CPC of the FRG. According to German criminal procedure law, the termination of criminal prosecution on the grounds of expediency with the imposition of duties and regulations on the accused is a right, and not a duty of the corresponding officers and agencies as it is, in fact, an alternative to criminal prosecution which makes it possible to terminate it at a certain stage when there are all the necessary legal grounds for criminal prosecution.

Object of criminal offenсe: Modern interpretations

The struggle of law enforcement and judicial bodies of the modern rule of law, as well as the entire society with the manifestations of crime is necessarily connected with the need for an in-depth study of crimes (hereinafter referred to as criminal offences), their essence, the structure of the constituent system elements, forms of external manifestation, which is a prerequisite for the development of the latest effective means of countering criminal offences. Among these issues, the object of a criminal offence is of particular importance, as it has a significant impact on the determination of the social characteristics of the offence and largely determines its actual objective and subjective characteristics. Meanwhile, there is no unity among scientists in the interpretation of the object of offence. The problem has therefore not yet been sufficiently studied. The purpose of the study is a scientific analysis of modern views on the object of a criminal offence and the establishment of a scientifically based content and essence of this concept. To achieve this goal, the following methods were used: dialectical, historical and legal, dogmatic, comparative, system-structural, legal hermeneutics. The article analysed the existing scientific approaches (positions) regarding the definition of the object of a criminal offense, which were systematised and reduced to two generalised groups: 1) ontological, which includes positions that recognise the object of a crime (criminal offence) as protected by criminal law public relations in various modifications; 2) axiological, which includes the interpretation of the object as values and related definitions: benefits, and individual interests. The authors made a reasoned conclusion that the object of a criminal offence is social relations that arise and exist in society about its social values, which are protected by the law on criminal liability

Problems of thecurrent state of control of illegal extraction of precious stones of organogenic formation

Іn the article the decision of problem of counteraction to the illegal booty of jewels of оrganogenic formation is presented by his legalization and analysis rows of normative documents that set the special order of the use of bowels of the earth for this aim. It is indicated that among crimes that trench upon the natural resources of country, most latent, and to the volume, the least investigational is exactly this type of criminal offence. The concept of amber is given in a publication, and it is indicated in what the duties of users of bowels of the earth, and also the certain basic requirements during working mine of minerals and the basic requirements, consist in industry of guard of bowels of the earth Procedure is exposed and in detail taking title of sing the bowels of the earth is described for mining, in particular, she is begun with development in accordance with the current landed legislation of project organization of the use of land in relation to talk in of lot land for mining, realization of examination and estimation of the found out supplies of minerals all right established by the State Commission of Ukraine for Mineral Resources, obtaining a single subsoil use permit after coordination with the competent authorities, approval of the project for the development of a mineral deposit, obtaining land for subsoil use and ends at the time of state registration of property rights to the land. Socio-economic and legal factors of the problem of illegal amber mining are determined. The attempts of the legislator to regulate the issue of amber mining from its illegal fishing by developing numerous bills, issuing decrees and orders have been studied. Their shortcomings and positive directions are revealed. The socioeconomic and legal preconditions for illegal extraction of precious stones of organogenic formation are indicated.

Homicide and corpse dismemberment: A study of one case

Homicide may be an isolated impulsive act arising from a situation or based on a previous conception, which is premeditation. Despite its nature or motivations, homicide remains a wrongful criminal act at all times and in all places. Several studies conducted in Western countries on this topic have highlighted the overriding concern of the criminal, which includes concealing the criminal offence in most cases.In Africa, apart from cases of infanticide, the discovery of the body of a homicide victim in a public place is a relatively common phenomenon, particularly if it involves mutilation.The body was examined; it was a young adult African female whose corpse was wrapped in a plastic bag. The autopsy established that the section or cutting planes were preferably lodged in the large joints.Death was caused by mechanical asphyxia. The focus of this case lies in the atypical nature of this type of postmortem manipulation in the West African context.The unusual nature of this type of homicide illustrates and underscores some reality in our development context.

An insight into the work of sexual assault referral centres and the role of the forensic nurse examiner

It is more likely than ever that healthcare staff of all grades and in all settings will encounter cases of sexual assault, so it is crucial that they know how to respond appropriately to support survivors. Health and social care workers engage with clients in a range of situations, which means that they are well placed for such disclosure. In some cases, particularly if the assault is a recent incident, time is of the essence to ensure that there is no loss of evidence that could be crucial in gaining a conviction. This article explores the role of a sexual assault referral centre (SARC), a service that few people know about or think they will ever need. The type of sexual activity that constitutes a criminal offence will be discussed and information presented that offers direction for those who want to involve the police, and for those who do not. Links to a range of organisations are also included that survivors of recent or historic sexual assault can access for support and advice.

ABANDONED AND FORGOTTEN? VIOLENT DEATHS OF PREVIOUSLY ABUSED FEMALE VICTIMS IN CROATIA

The paper is divided into two parts to facilitate a clearer understanding of different aspects of the violent death of previously abused female victims. The first part offers a brief overview of the most recent phenomenological conclusions on violence ending in death and explains the need to focus on gender differences in homicide victimisation. A bulk of research has confirmed that most women are more vulnerable to homicide within home and that the lethal outcome is an escalation of previously experienced abuse. In order to contribute to a more in-depth study of female intimate homicides, the authors focus on a variety of definitions and draw a clear line between the term femicide and the aggravated murder of a closely related person. In the second part of the paper, the authors have analysed the case-law of the Supreme Court of the Republic of Croatia in which the perpetrators were found guilty of the criminal offence of aggravated murder of a closely related person (Art. 111, Para. 3 of the Criminal Code) in the period from 1 January 2013 to 1 June 2020. The research primarily focused on the circumstance of previous abuse, especially on the relationship between the victim and the perpetrator, the duration and frequency of abuse, and the reaction of the environment and competent authorities in cases where they knew about the abuse or when it was reported.

USLUGE CENTARA ZA SOCIJALNI RAD U PRIMENI VASPITNIH NALOGA I U IZVRŠENjU KRIVIČNIH SANKCIJA IZREČENIH MALOLETNIM UČINIOCIMA KRIVIČNIH DELA

The juvenile nature of the criminal offence perpetrator, due to its psychophysical characteristics, makes the phase of execution of criminal sanctions additionally delicate and very important and implies a system of execution based on special principles and special organization. The aim of this paper is to analyze the activities of the competent guardianship authorities, both in the phase of issuing educational orders and educational measures, and in the phase of their execution. The paper emphasizes that the realization of the "internal dynamics" of the system of educational measures, from the choice of a concrete measure to its suppression, with all intermediate modalities of cumulation, replacement and adjustment to changed execution conditions or achieved success, is made possible to the competent court through the cooperation with guardianship authorities. It is precisely in the field of application of educational measures, as the basic type of criminal sanctions for juvenile offenders, that the exceptional connection of the juvenile criminal justice system with the social protection system is most clearly seen.

Silence as Self-care: Pregnant Adolescents and Adolescent Mothers Concealing Paternity in Mahama Refugee Camp, Rwanda

In Rwanda, sexual activity with and among adolescents under the age of 18 is a criminal offence. This is justified to reduce abuse and adolescent pregnancies. Despite this, the Burundian Mahama refugee camp in Rwanda is registering an escalating pregnancy rate among girls 13 to 15 years old. Drawing on ethnographic research conducted from December 2017 to April 2018, this paper shows how pregnant adolescents and adolescent mothers navigate punitive legal structures to protect their baby’s father by concealing his identity. In a challenging socioeconomic context with limited opportunities, silence provides pregnant adolescents and adolescent mothers with a strategy to protect their boyfriends from jail and to access humanitarian assistance available to single mothers. I suggest that silence can be a self-care strategy to negotiate and navigate temporalities as they seek to manage the circumstances in which they find themselves, whilst hoping for a better future for themselves and their children.