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Fixing the outcome of sports competitions is one of the biggest threats to the integrity of sports. Sport as a social phenomenon has its own individual and social dimension. However, the degree of benefit for the individual and society can be neutralized by phenomena that threaten the integrity of sports competitions. The goal of this research is to provide an answer to the question of whether criminal law, as a branch of law characterized by the ultima ratio character, should respond to the appearance of fixing the outcome of sports competitions, as well as what type of outcome fixing should be responded to within the framework of criminal law. This research also includes an analysis of certain provisions of the Council of Europe Convention on the manipulation of sports results in order to see the potential scope of the Convention in terms of influence on the criminal legislation of countries that ratify the convention. In the last part of the paper, the criminal offense of fixing the outcome of the competition from Art. 208a. Criminal Code of the Republic of Serbia. [ABSTRACT FROM AUTHOR]

The idea of the European Public Prosecutor's Office as a supranational body has been part of the academic and political discussion on the development of the common area of criminal justice of the European Union since the 1990s. The European Commission presented a proposal for the establishment of such a body in 2013, which was followed by negotiations between the member states and the EU institutions, in order to find a balance between the preservation of the sovereignty of the member states in the domain of criminal law and the effective protection of supranational value, i.e. the protection of the financial interests of the Union. The European Public Prosecutor's Office was established in 2017, and represents a form of enhanced cooperation between member states that have decided to participate in the work of the European Public Prosecutor's Office. After the organizational, normative, personnel and technical prerequisites have been met, the European Public Prosecutor's Office started its work on June 1, 2021. In this paper, the authors analyze the process of fulfilling the previous conditions, the beginning of work and the activities of the European Public Prosecutor's Office so far. [ABSTRACT FROM AUTHOR]

In this paper the author deals with the eternal issue of truth - in general and in criminal law. In the first part of the paper the author speaks about the significance of truth as such, but also about its role and place in contemporary society. He continues elaborating the idea of truth as it was in ancient Greek philosophy and poetic tradition given that Ancient Greece represents the cradle of the idea of truth. This part of the paper ends with an analysis of the Aristotle’s understanding of truth which is, according to the author, the beginning of the new era of modern understanding of the truth phenomenon. In the following part of his paper the author analyses the opinions of the 20th century outstanding philosophers who occupied themselves with so called factual truth - which, in his opinion, includes the truth reached in criminal law. This type of truth is analysed further. The author concludes that the maximum to be reached in the criminal procedure is conviction i.e. belief that we are in the possession of truth. When reaching „objective“ truth is concerned as undoubtless certainty that a criminal offence has been commited, as well as all details referring to its commission, the author believes that this is the “eternal” but never accomplished ideal. Finally, the author proposes the modality of truth, which is most likely to be accomplished within criminal law and procedure. [ABSTRACT FROM AUTHOR]

In this paper, the author tries to provide a critical view of arguments used by the legislator in the process of decriminalizing insult and defamation. He is of the opinion that there are few such arguments, and after subjecting them to scrutiny the author fails to find justification for any of the arguments, and for some of them he finds that they are not criminal policy arguments. The largest section of the paper is focused on an argument that civil law protection is sufficient to provide protection for human dignity and finds that such a thing is not possible by the very nature of the object of the protection because it does not provide protection for a thing but it rather protects equality of a person with all other persons. On the other hand, the author provides an analysis of the meaning of the honor and reputation as values protected by law in modern society and concludes that our legislator has undermined their importance by providing only for civil law protection of such values. By arriving at a conclusion that the soundness of human spirit is inextricably connected to undisturbed honor and reputation, it compares it to the notion of a healthy body in the area of physical existence. As much as a man strives towards a healthy body, he strives even more to have a healthy spirit. The cure for a human spirit does not lie in nature as the cause of illness is not to be found there. The cure for harmed honor and reputation is in providing satisfaction because satisfaction restores shaken self-confidence. As one of the strong arguments in favor of criminal law protection of honor and reputation, achieve the author points out that there are no other human values that a man may enjoy even after death, and that honor and reputation may even after death. [ABSTRACT FROM AUTHOR]

Organ transplantation often presents the only way for efficient treatment of various diseases. According to current legal regulations, in order to use an organ of a deceased person for transplantation, it is necessary that the decedent gave written consent („opting out model”) before death. Under certain circumstances, that consent could be given by close relatives of the decedent, in case that the decedent had not previously explicitly declared that he was against it. These legal regulations do not ensure efficient allocation of scarce goods but they create great social costs. If a legislator accepted "opting in model", the basic assumption for efficient allocation and increase of social welfare would be provided. The first part of the paper presents the legal framework for organ donation in the Republic of Serbia. The problem of insufficient supply of organs is elaborated in the second part. The third part of the paper contains attempts to increase the level of supply of organs through the promotion of transplantation. In the fourth part of the paper, the effects of different legal solutions are compared, and those are opt-in and opt-out models. The fifth section offers an analysis of criminal-law protection in the area of organ transplantation and its effects on potential organ donors. [ABSTRACT FROM AUTHOR]

The principle of guilt is one of the essential principles of criminal law. However, it is a very complex principle. Its content has been presented in this paper particularly referring to a systematic deviation of it in the criminal legislation of the Republic of Serbia. According to the provisions of the article 2 of the Criminal Code of Serbia the principle of guilt is related to punishments and warning measures, while security and educational measures remained beyond its reach. On the other side, The Criminal Code defining a crime offense in the article 14 demands culpability of perpetrator's behavior. It involves a conceptual problem: a possibility is given for criminal sanctions of the principle of guilt, article 2 of the Criminal Code not referring to security and educational measures could be applied for people acting without culpability. It is paradoxical to accept criminal-justice reaction in the form of criminal sanctions regarding people without guilt. According to author of this paper, such a normative solution brings into issue the relevant principle, more precisely its basis, generality and guidance, the qualities that every legal principle should maintain. Of course, deviations of legal principle and the principle of guilt are possible but they must be kept to a minimum. Otherwise, systematic legal principle deviations, in this case the principle of guilt, are not to be tolerated. Connecting the principle of guilt with the system of criminal sanctions opens the debate on voluntarism embodied in the freedom of will and guilt and positivism/determinism embodied in perpetrator's danger and educational neglect within the criminal law. It is over a century discussion in the science of criminal law. The author of the paper concludes criminal-justice reaction in the form of criminal sanction can be justified only of based on the principle of guilt. Otherwise, such a reaction has no place in the criminal law. [ABSTRACT FROM AUTHOR]

The paper analyzes a complex relationship between biomedical technology and ethics and offers insight into the role of the criminal law in regulating this subject matter. In the first part of the paper the author offers analysis of the relationship between medicine and ethics as well as the ethical rules of conduct in modern medicine and stresses the need for legal intervention in this matter. In the second part of the paper the author points out that sudden development of biomedicine and biotechnology in the last twenty years has led the society into a great temptation and forced onto the ethics and the law considerable challenges. While discussing the relationship between biotechnology and ethics, the author pointed out that it would be more suitable to declare the principle of tolerance, kept in check by the principle of responsibility, to be a fundamental principle in biotechnology. However, traditional principle of ethics in medicine should not all together be disregarded. In the last part of the paper the author offers analysis of the extent and perspective of the criminal law reaction in the subject matter and concludes that in the field of biotechnology not too much hope should rest on the role of the criminal law. [ABSTRACT FROM AUTHOR]

The paper is divided into three major parts. In the first part the author deals with the emergence of inquisition procedure and the importance of the institute of corpus delicti for this procedure. The paper emphasizes that one of the principle reasons for the introduction of the inquisition procedure was the need to entrust the state with prosecuting criminal offenders. Commencing the procedure ex officio, by state organs enabled for systemic and efficient fight against criminality. The procedure was commenced by the court ex officio after getting hold of information that a crime was committed. By establishing corpus deliciti it was confirmed that the act had really been committed, and the process could proceed from the general phase of inquisition process to the special phase, to the phase where the inquisition was conducted against a specific person. In the second part the provisions of Constitutio Criminalis Theresiana on corpus delicti are presented. They are very detailed and often casuistic, foreseeing a number of rules and exemptions. In these provisions, in its embryonic form, a number of important procedural institutions as inspection, expertise and like are regulated. The third part is the conclusion. [ABSTRACT FROM AUTHOR]

Ius puniendi represents one of the features of the state sovereignty. Therefore, the criminal law, as a normative mechanism used by the state for its rights to punishment, is closely related to the doctrine of state sovereignty. However, this bond is not so rigid as in the traditional system of criminal law and one of the factors, that has contributed, is the principle of the universal validity of criminal law. In this paper we have tried to explain the principle of the universal validity of criminal legislation providing the state courts to cross the boundaries of protection its own i.e. national values, goods and interests through its implementation. Namely, the universal principle provides the opportunity for the state courts to protect certain supranational goods, values and interests that represent common heritage of humanity, more precisely the civilization we live in. Protecting those goods, values and interests the state courts become more than national state organ - they have become a sort of "international community organs". We came to this conclusion following the genesis of the universal principle, in particular by analyzing appropriate international documents that have formed this principle. We have referred to comparative legal regulations of the universal principle in the paper. Even though it differs worldwide, there is an impression that existing regulation of the universal principle of legislation offers possibility of adequate protection of the most important goods of humanity. [ABSTRACT FROM AUTHOR]

In this paper the author deals with an issue of the criminal law protection of the right to life of two categories of persons whose life, in the opinion of some scholars, is not worth living. A common feature to all such persons is that they are not "dying" patients; however their prospects of living are very poor while the quality of their lives is very low. The author points out that a question, whether a certain act that caused a person's death, is the act of a murder, depends on whether such person - an object of criminal act had the right to life at the moment such act was undertaken. That person possessed such right [to life], provided that the form of his life was valued as a life at that moment. The principle task that the author put before himself is to answer a question whether different forms of life described in this paper possessed the value of the life, and depending on the answer, whether such forms of life enjoy the criminal law protection. Almost the entire paper is dedicated to the critique of authors whose intention is to emerge with a unifying criteria regarding which life is "worth" living and which is "not worth" living. The author's position is that such criteria are not suitable when it comes to the criminal law protection of life. It is the conclusion of the author that criminal law should offer equal protection to each human life, regardless of its quality and despite of its ability to exist independently and the prognosis of survival in the future. Therefore, there is no life that, in general, would be excluded from the protection offered by the criminal law. This does not mean that in certain cases some actions that have resulted in a death of a gravely indisposed person may be excluded from the scope of the criminal law sanction. However, we may not embrace general criteria on which kind of human life is "worth" living and which is "not worth living" but rather each case must be examined independently by applying the above stated principle supported by the author in this paper. [ABSTRACT FROM AUTHOR]

Taking into consideration the importance and role of children in modern society, as well as their position, this article has as its focus juveniles in criminal procedure. The existence of a separate juvenile justice system independent of the criminal law applicable to the adult offenders and general criminal procedure, as well as the periodic changes of the dominant approach in theory and practice reflects the ascendancy of different theoretical perspectives in the juvenile justice. In this paper, the authors scrutinize the models of responding to juvenile crime -justice and welfare model - as two models of the greatest importance in the present reaction of the society to the crimes conducted by the youngest delinquents at the beginning of the new century and millennium. Furthermore, the paper deals with a matter of international legal standards which, to a large extent, give shape to the legal framework for juvenile offenders and provide their rights and position in the criminal procedure. The authors refer to the internationally accepted documents on several levels. From the (almost) universally accepted multilateral conventions on human rights, through the field of recommendations, rules and guidelines which are obeyed and enforced in practice of the juvenile justice although they are of non-binding nature, via the regional European legislative to the national provisions in a particular number of countries. On all the levels mentioned above the rights of the juveniles are regulated having in mind their possible role in the criminal procedure as a perpetrator of a criminal act, as a victim or as a witness. This paper also analyzes the criminal procedure with respect to juvenile perpetrators of the criminal acts in the Republic of Serbia and compliance of the provisions currently in vigor with the international legal standards contained in the international conventions and other internationally accepted and recognized instruments. [ABSTRACT FROM AUTHOR]

This paper is a critical analysis of judicial practice of announcing security measures of compulsory drug addiction treatment from art. 83. and compulsory alcohol addiction treatment from art. 84. of Criminal code. For those needs, the paper is separated in three parts. In the first part of the paper, one refers to the conception of security measures which are related to the treatment of addiction according to our former legislations, then on to the conception of those security measures according to the running Criminal code, and finally to their purpose in lights of art. 78. of Criminal code. The second part of the paper occupies central position. In that part, one analyzed practical experiences related to all major issues which are related to the announcement of those security measures, such as conditions for their implementation (addiction, relationship between crime and addiction, serious threat of committing new crimes), then their durability, supplementary character and appropriation modality of executing (at large or in a penitentiary institution or appropriate medical or other specialized institution). In the third part of the paper, the author gives his conclusion about judicial handling apropos pronouncing of security measures of compulsory drug addiction treatment and compulsory alcohol addiction treatment. [ABSTRACT FROM AUTHOR]

This paper is dedicated to the conditional delay of criminal prosecution in article 236 of the Serbian Code of Criminal Procedure. This is so-called diversion concept. This institution has changed in procedural reforms in 2004. and 2009. Generally, there are some better solutions in current regulations. Evidently, the legislator attempted to wide this institution in practice. On the other hand, the paper presents critical comments of some provisions. Therefore, the author suggest the improvement of legal text. [ABSTRACT FROM AUTHOR]

In this paper the criminal offence of environmental pollution is being analyzed as the most significant offence from the group of criminal offences against the environment in our Criminal Code. In introductory remarks, the author points to the necessity of comprehensive criminal law protection of the environment, and lists arguments to support this claim. The second part of the paper provides an analysis of the group of criminal offences against the environment, as well as the object protected by this group of criminal offences. In the third, central part of this scholarly paper, the author examines the crucial elements of the legal concept of the principal, as well as, the grave form of the criminal offence of environmental pollution. At the same time, the author points to the imprecise legal definition of this criminal offence and to the problems that, as a result, occur in the criminal law theory and judicial practice, while offering his suggestions for solving these problems. [ABSTRACT FROM AUTHOR]

The goal of this paper is to review the existing interpretation canons in order to examine whether there are special rules at this phase of the criminal law application. Since the interpretation of the law is exclusively in the domain of the legal science, the author has examined, with that particular goal, the existing literature related to this issue. In the first part of the paper, the author has explained a general meaning of interpretation. In the second part of the paper, the author has tackled general issues of the interpretation of the law, such as the need for interpretation of legal norms, procedure and rules that apply to the interpretation, and boundaries which shall be obeyed in this procedure. The author here draws attention to the main differences between interpretation of any legal norm and legal norm pertaining to the criminal law. In the third part of the paper, the author has presented the classification of the interpretation per type and he has outlined the most significant classification of interpretation, and that is classification of interpretation per methods or means of interpretation. In this part of the paper, the author puts special emphasis on the targeted interpretation as a key method of interpretation due to the fact that this method provides a final answer to the question related to the real meaning of the legal norm. While doing that, the author reviews the existing scientific postulates related to the issue of interpretation of the criminal law norm. On one hand, he agrees with the opinion that there is no special use of the method or means of interpretation in the field of the criminal law, but at the same time he questions the opinion of the majority in the science about the meaning of certain principles of the criminal law as criteria while performing the targeted interpretation. [ABSTRACT FROM AUTHOR]

In the first part of the paper the author speaks about legal duty to providing maintenance which is prescribed in Family law act of The Republic of Serbia, about preventive importance of criminalizing failure to provide maintenance, and the fact that the problems about failure to provide maintenance were analyzed on the IX International Congress for Criminal Law. In the second part of the paper, the author analyzes elements of the crime of Failure to Provide Maintenance from art. 195. Criminal code of The Republic of Serbia. Stress is put on work of commission and its relations with subsidiary character of crime law protection. Furthermore, it hints the nature of this crime, elements of guilt, its relations with crimes of Neglecting and Abusing a Minor and Violation of Family Duty, with critical analyzes of its graver form etc. Problems of this crime are analyzed from theoretical and practical aspects. In the last, the third part of the paper, the author gives his proposal de lege ferenda about this crime. [ABSTRACT FROM AUTHOR]

In the paper is considered the meaning of the social danger and its significance in criminal law. In the first part of the paper the author analizes the original medical mechanism of the „social danger" which became the law concept in some criminal legislations at the beginning of the twentieth century. The author points out to the fact that this „law concept", as time went by, turned into mechanism of a social and political submission. Apparently, in the second half of the twentieth century a fundamental change has come along. Namely, „social danger" from thereupon has not only its psychopathological source, but it could originate from definite exterior factors. In that case „social danger" becomes „threat against surroundings". Still, the author points out to the fact that the concept of „threat against surroundings" could be again transformed into state-forced mechanism under convenient political and social circumstances. [ABSTRACT FROM AUTHOR]

In the paper the author discovers and analyzes areas which represent points of connection between criminal law and psychology, the areas in which cooperation between these two fields of science is possible and desirable. This article is divided into several sections. Firstly, the author talks about the emergence of psychology as a science and its definition. In the sections that follow the author offers analysis of initial contact between ways of thinking in primeval criminal law and psychology, followed by analysis of development of this relationship after the official contact of these two fields in the area of criminal legislature and criminal trial. In the end, the author concludes that psychology is inseparably woven into the criminal law method of reasoning and that the knowledge of psychology is a precondition of a successful practical application of the criminal law. [ABSTRACT FROM AUTHOR]

constitutional and criminal elements. The author chronologically presents a historical overview of the legal system from the old century to the present legal systems. A particular attention is paid to the legal nature of the very institutes, the effects of the institutes, as well as their decision-makers. In the comparative overview, the author looks at the constitutional system of the United States and France. Finally, the paper discusses the related institutes in the constitutional system of the Republic of Serbia, concluding that they belong to the extra-judicial system of government and a kind of "surgical operation" of the legislative and executive authority in court "tissue". The author also states certain omissions in the matter regulating the institute of clemency, such as the complete absence of explanation of the act of clemency by the competent bodies and the lack of any kind of substantive legal control of that body, which implies the possibility of abuse of the institute. [ABSTRACT FROM AUTHOR]

In this paper the author presents the evolution of the simplified procedure in Serbia from 2001 to 2011. He points to some legal innovations in this field during that deccenium. He compares old and new legal provisions about simplified procedure and finds some differences. There is a constant tendency to expanding the area of criminal offences which can be judged in this procedural form. Some new legal provisions result from new model of investigation or from new concept of trial. Some innovations are more consistent and precise. But, there are also illogical and contradictory provisions in code of criminal procedure from 2011. [ABSTRACT FROM AUTHOR]

The paper offers an analysis of the relationship between criminal law, on the one side, and medical science and psychiatry, on the other side, through an example of psychiatric court evaluation. Following introductory explanation, the author starts this analysis by examining the principle of freedom of an individual in criminal law and psychiatry. Later on, the author points to different perceptions of "borderline psychic conditions" offered by the two scientific disciplines in the context of the quilt principle. After that he points to a number of other issues relating to psychiatric court evaluation which give rise to divergent positions of the criminal law and psychiatry in the criminal proceedings. Common to all such cases, in the opinion of the author, is the conduct of psychiatric court expert that is contrary to their professional code of ethics. In the end, the author concludes that the practice of the psychiatric court evaluation is detrimental to the interests of the criminal law and that it puts in grave jeopardy the ethics of psychiatry. [ABSTRACT FROM AUTHOR]

Theresiana is little known code in Serbia, even although it is an important step in the development of criminal procedure law in the large part of Europe. Unil now we have shown the majority of substantive criminal law institutions. This paper is going to talk about the criminal - procedure provisions of the code. Due to the volume of the materia it was only possible to analyse some institutions, the intitutions of the so called general part of criminal procedure. [ABSTRACT FROM AUTHOR]

In this paper, the author defines the notion and explains the penal order procedure and its general characteristics. It is one of the special simplified criminal proceedings, which has got special basis and special structure. This procedural form is ultimately aimed at the rationalization of the criminal procedure. It is achieved by avoiding the main hearing in the trial proceeding. The author presents the evolution of the penal order in Serbia from 2001 to 2011. He points to some legal innovations in this field during that decennium. He compares old and new legal provisions about penal order and finds some differences. There is a constant tendency to expanding the area of criminal offences which can be judged in this procedural form. New legal provisions are, in general, better than previous. However, the practice has shown that application of penal order is too small. The previous practice does not live up to expectations of theory and legislator. [ABSTRACT FROM AUTHOR]

The paper is divided onto four major parts. In the introductory part the author states that personal evidence (statements of whiteness, suspect, accused, convicted and expert) play still a very important role in collecting evidence in criminal procedure, even though the significance of physical evidence is growing. In the second part the classical model of interrogation is presented, which is based on the division of interrogation onto three parts. This model is accepted by majority of authors. The third part is devoted to alternative models. The fourth part contains concluding remarks. Here the author underlines that scientific novelties are valuable only if they contribute to the practice, and this contribution is only possible if the interrogators are trained adequately and if objective conditions for the application of the novelties are provided. [ABSTRACT FROM AUTHOR]

This article is dedicated to the new provisions in Code of Criminal Procedure in Serbia, which went into effect in 2009. The article presents critical comments of some inapplicable, contradictory and unclear provisions. The paper is separated in four parts: 1) reference to another nonexistence provisions; 2) contradictory provisions; 3) unclear provisions and 4) gaps in the law. Therefore, the author interprets those confused regulations and suggests the improvement of legal text. [ABSTRACT FROM AUTHOR]

Constitutio Criminalis Theresiana is very little known about, although it is a significant legal monument. The Codification is very extensive. In this paper will be considered only a relatively small but very important part of codification: of the notion and of the division of the criminal offenses and the system of penalties [ABSTRACT FROM AUTHOR]

In multitude of different definitions of organized crime, an unavoidable characteristic of the phenomenon is that it presents the activity of professional criminal organizations. The use of this notion is not problematic in theory, but its interpretations differ significantly. Significance of this question lies in the fact that its use is essential to differentiation and delimitation of organized crime and all other forms of crime, professional as well as classic. In criminal law and criminology, this question is not only a base of theoretical definition, but also the question of positive law sanctioning of acts of organized forms of criminal groups, depending on the fact if the groups in question are small or large, of formal or informal type, and in consideration to the level and strength of organization. Regardless of them being, in general, chararacterized by continuous, strong, structured criminal organization, based on principles of hierarchy, group discipline, cooperation and planning, they still remain different in terms of the level of professionalization and social danger, and thus must be clearly defined. The basic criteria of differentiation between various groups, as presented in this paper, are the complexity, which includes, firstly, the level of expressed structure (differences in functions, positions, activities and roles), and secondly, whether they consist of limited number of persons connected in one group (criminal groups), a number of connected groups (criminal organizations) or numerous different interconnected groups (criminal organization of the mafia type). [ABSTRACT FROM AUTHOR]

Serbian criminal law legislature regulating family violence has been riddled with shortfalls and ambiguity from the onset, resulting in major difficulties in its application. Insufficient rumination by lawmakers and absence of wider discussion within professional circles is evident in the criminal law provisions regulating this pathology. An overview of provisions regulating the family law offence in fundamental criminal codes offers somewhat better insight into the difficulties of applying such provisions in practice in addition to offering an explanation on how the public views family violence. Further this overview sheds light on some of the reasons for development of special, and in many ways hybrid, legislature regulating family violence. [ABSTRACT FROM AUTHOR]

In the first part of this scientific work the author discusses evil as an anthropological phenomenon. For the purposes of the work he differentiates instrumental and ideological evil. However, actors exist who do not fit into these typical forms. The author stresses that the twentieth century has given rise to a special kind of evil, which may be referred to as banal evil. The author conducts the analysis of this type of evil by analyzing the personality and work of Adolf Eichmann, as its typical literary representative. Examining critically the court process and reasons for his sentence, as well as the opinions of those present at the trial against Eichmann, the author, in the central part of the work, attempts to define the subject phenomenon. In the final part of the work the author examines the question of Eichmann’s culpability for the committed crimes. He controverts the opinions of certain authors that Eichmann, but also other typical representatives of banal evil, could not have been conscious that they are doing something forbidden, and explains in detail why the position should be accepted that they have acted with premeditation. [ABSTRACT FROM AUTHOR]

Criminal act of robbery is incorporated in the Criminal Law of the Republic of Serbia by the Provision 206, Chapter XXI in the field of criminal act against property. It is a special type of property crime with elements of physical violence, in which force and threats are used as a means of committing a crime. Traditionally, the category of these offenses include multiple types of robberies, extortions and blackmails. The focus of this research is on the analysis of the complex phenomenology of robbery which is in criminal seen in relation to other property crimes of physical violense dominantly piper dominates the Specifically, the appearance of this crime and other phenomenological features in the criminal practice of the Sombor Police Department. By looking at the complex phenomenology of robbery, the crucial elements of a strategy for com bating property crime with elements of violence are analyzed, as well as the key issue of selecting concrete measures and actions in police work. [ABSTRACT FROM AUTHOR]

The development of modem internet technologies has provided numerous ways for mass communication ofpeople. One of these ways is through social networks. Tilth more than two billion users worldwide, Facebookis the most massive social network of today and a powerful tool for sharing a wealth of data, images and other materials through their profiles, which may even be publicly accessible to an indefinite number of individuals. Tilth such capabilities, Fucebook is a suitable tool for various abuses andfor committing various offenses.It is a common situation for users to post different statuses, photos, snapshots through profiles, or post comments on statuses, photos or snapshots, of offensive content. From the point ofview ofour positive criminal law, the criminal protection of the honor and reputation ofthe individual, as intangible human values, is not in dispute in these situations. However, the question arises of the legal qualification of such incriminated conduct, that is, whether through these acts of the petpetrators the basic or qualifiedform of the offense of offenses referred to in Art. 170 ofthe Criminal Code, given the particular means of enforcement. The author points out the facts and circumstances that influence the legal qualification of the criminal offense of insult through Facebook, its appearance, as well as various possible ways of its realization by- seve)-al persons. [ABSTRACT FROM AUTHOR]

A court decision by which an accused is sentenced to prison is, as a rule, executed when it becomes legally binding and enforceable. Apart from the individualization ofpunishment by court, the individualization of punishment continues throughout the time spent serving a prison sentence. The base law, which regulates the execution of a prison sentence, is the Law on Execution of Criminal Sanction, but bylaws of lower legal force are immeasurably important as well. The National Assembly of the Republic of Serbia has adopted the Law on Alterations and Amendments of the Law on Execution of Criminal Sanctions. The Law introduces certain innovations in the individualization of a punishment before a convict begins serving his sentence, as well as during the serving of the sentence. The judge for execution of criminal sanctions renders the decision on individualization. The focus of the author’s attention are these changes, which concern the individualization of the prison sentence by the judge for execution of criminal sanctions. First, the changes affect the way in which a prison sentence is executed, more precisely, the possibility for a convict to serve a sentence in his place of residence instead of a penal institution. Secondly, the employment of convicts outside of penal institutions is altered. The third change affects the early release of convicts. [ABSTRACT FROM AUTHOR]

In the system of protective measures, the Serbian Law on Misdemeanor stipulates two measures of medical character: mandatory treatment of alcohol and psychoactive substances addicts (article 59) and mandatory psychiatric treatment (article 60). This last protective measure was not recognized by previous misdemeanor legislature, so it was introduced by the current Law on Misdemeanor back in 2013. Mandatory treatment of alcohol and psychoactive substances addicts is designed for misdemeanor perpetrators who are addicted to them, and mandatory psychiatric treatment is designed for incalculable perpetrators and perpetrators with significantly decreased sanity. These protective measures have similarities with medical security measures from Criminal Code, such as mandatory psychiatric treatment and confinement in a psychiatric institution (article 82), mandatory psychiatric treatment at large (article 82), mandatory treatment of drug addicts (article 83) and mandatory treatment of alcohol addicts (article 84). Their similarity also has a legislative cover, for in article 233 of the Law on Implementation of Criminal Sanctions of Serbia it is stipulated that legal provisions of this law about security measures are accordingly applied on implementation ojprotective measures issued for a misdemeanor. Regardless of conceptual similarity between medical protective measures and medical security measures, there are certain significant differences in their regulative. Firstly, the purpose of security measures is to remove "a states" or "conditions" which can affect the repeated crime (article 78 of The Criminal Code), while the purpose of protective measures is to remove "conditions" which can affect repeated misdemeanor (article 51, §1 of The Law on Misdemeanor). It is not clear why the legislator did not stipulate with protective measures as well that they remove "a states", for this is exactly the basis for medical security measures, which should relate to medical protective measures. Secondly, the Criminal Code has formally separated drug addict treatment from alcohol addict treatment, under the excuse that these are two different types of addiction, while the Law on Misdemeanor stipulated a single protective measure for both these categories of addicts. One can ask why the legislator stipulated two different concepts for similar measures? In the end, with protective measure of mandatory psychiatric treatment the legislator did not stipulate a separate procedure of requirement, what was the case with psychiatric security measures in the Criminal Procedure Code, which regulates the procedure of their provision in detail. Although the Law on Misdemeanor in its processual provisions leads to an adequate application of the Criminal Procedure Code, stipulations of the Code which refer to the procedure of introducing psychiatric security measures can hardly be applied on the procedure of introduction of protective measure of mandatory psychiatric treatment. This comes from the fact that the Criminal Procedure Code stipulated special processual rules referring to psychiatric security measures (the so-called special criminal procedure), which largely differ from general criminal procedure. These differences in procedure apparently were not been considered when the protective measures of mandatory psychiatric treatment were passed. [ABSTRACT FROM AUTHOR]

In this article the author deals with an issue of relationship between the affect and criminal responsibility. In order to provide a multi- angle approach to analysis of this issue the author resorted to multidisciplinary - criminal law and psychiatric- psychological approach. Although the topic covered by this article is significant and complex, it appears to be of virtually no interest in the literature. For that reason the author's endeavor to research this topic should not go unmentioned. In the first part of the article the author tried to provide answers to some preliminary questions without which it would be impossible to understand the relationship between the affect and criminal responsibility. Those are the following questions: what are affects, what is their nature and intensity, how long they last and how they influence psychological functions of a person acting in affect? Central part of the article is dedicated to examining the importance of the affect as a phenomenon in criminal law dogma and in judicial rulings, as well as its effect on criminal responsibility. The author finds that acting in affect may be considered as a mitigating circumstance in the sentencing, but can also be a basis for mitigation of the sentence or even suspension of the sentence, as part of some general criminal law norms. Also, for certain offenses it may be considered as a favorable condition that renders that offence to be less grave. Finally, the affect may be considered as a psychological basis diminished, or even lack of, mental capacity. The last above mentioned issue receives special attention of the author, and claims that only the affect that is ‘of extreme proportions' may lead to mental incapacity. Such affect is the one that ‘demolishes restrains and removes reasonable and target- oriented actions'. In further analysis the author proposes criteria and methodology for assessment of person's sanity in criminal law and criminal procedure. Further, the author claims that acting in affect is rarely sudden and unexpected but rather it is a consequence of permanent conflict situation. The author puts forward his arguments for such claims. At the end, the author deals with the issue of ‘quilt for one’s own actions taken in affect', within the limits of criminal responsibility. He rejects opinions of authors that support the possibility of establishing a special type of guilt for ‘explosion of affect' that lead to an offense committed in the state of insanity, provided that such explosion could have, supposedly, been foreseen and prevented. At the end, the author concludes that psychiatric assessment of defendant that committed offences in affect is one of the most difficult and riskiest tasks put before the courtpsychiatrist. [ABSTRACT FROM AUTHOR]

The Istanbul Convention is a part of domestic legislation of the Republic of Serbia. The Constitution provides for direct application of the Convention, provided that it is in compliance with the provisions of the highest law of Serbia. Apart from the focal point relating to the question of compliance of or the need to comply the national criminal legislation with the Convention, the aim of the article is to analyze the quality of the relevant provisions of the Convention from the criminal law point of view and with particular reference to the quality of the translation of the Convention into the Serbian language. In order to define obligations of the Republic of Serbia that have arisen after the ratification of the Istanbul Convention we dealt, to a certain degree, with the problem of direct application of the international law to the national criminal law system, along with providing a detailed analysis of this international treaty. [ABSTRACT FROM AUTHOR]

Numerous shortcomings of the Law on Infertility Treatment by Biomedically Assisted Fertilization culminate in provisions defining criminal offences. A question is raised regarding the possibility and results of the application of such criminal provisions due to the legislative technique used in the process of their creation, language, qualified forms of the offences, span of criminal sanctions, as well as having in mind the overlapping of such criminal offences with some of the misdemeanors punishable by the same Law. A possibility to provide for a criminal law protection in this highly sensitive area is put into question due to a very courageous action of the legislator reflected in the attempt to introduce criminal offences, punishable by long prison sentences. [ABSTRACT FROM AUTHOR]

Having the Constitution of Serbia in mind, valid criminal legislature (Criminal Law and the Law of criminal procedure), the working basis of the competent state authorities is their legislature (legality). Unfortunately, this is not often the case. So in the case of the temporary arrest obtaining accused to the court proceeding, there must not be any dilema, because it is one of delicate institutions of criminal law. In the previously mentioned examples, according to our opinion, there is a breaking of Law because previously defined or extended temporary arrest is „shortened", for a few days by the new decision. That is why we expect the Court of Cassation to observe existing laws and regulations, as it is shown above. [ABSTRACT FROM AUTHOR]

Why are we lawyers still dealing with Bioethics? Who has given us the opportunity to, out of our own self-sufficiency, which legal doctrine and practice have enabled, make a journey towards the field of Bioethics? The separation of the law from Bioethics, understood as Pluri-Perspectivistic field of action of a wide range of science and teaching, leaves the law isolated and limited to its own frames that become insufficient for the development of the legal thought. This causes an irreparable damage to the law, as well as to Bioethics which does not get legal solutions to its problems, which is necessary. Since Bioethics is not a mere presentation of views, comprehending the problem, but also their reflexion and, eventually, their standardization, i.e. the providing of legal answers to the social issues that arise from the field of Bioethics. Thus, not only the theory and philosophy of law find their place in the field of Bioethics, but the same goes for the theory of criminal law, which, also, even in the practical sphere of jurisprudence, is most likely to protect the life. Such a non-isolation of jurisprudence enables it to step out of its own constrains and accept the "Bioethical sensibility." This is possible only if we recognize the Pluri- Perspectivism as a starting point in both Bioethics and the law. Is it possible that the law be understood as a field of activity of the various value orientations? Pluri-Perspectivism, which does not go into relativism, will claim that it is possible, and we are inclined to believe it, given the proper results obtained in the field of Bioethics via such a postulate. [ABSTRACT FROM AUTHOR]

In addition to confiscation of proceeds of crime in the criminal or its associate procedure, as exists in national law, the author suggests the existence of other models in the seizure of property whose legal origin is suspected, represented in foreign legal systems. Recognizing this fact, the central part of his work is about the civil law confiscation or seizure of proceeds of crime in the administrative proceedings and taxing criminal profit, as alternative or corrective forms of action present in comparative legal systems. Briefly has been given an overview of basic principles on which they are based, and pointed out the problems faced by entities engaged in the field of their practical application. After a brief presentation and analysis of these systems the author raises a rhetorical question: whether the use of civil law or administrative proceedings legitimate tool in the fight against crime or a shortcut that states use to mitigate the lack of efficiency of the instruments used in crime fighting? In doing so, he reminds that confiscation and forfeiture and the criminal or its associated procedure is exactly the kind of civil law Institute (prohibiting unjust) used in the realization of the goals of the criminal law. Essentially, it is a desirable tool, which can help to achieve (partial) restorative justice. However, putting discussed aspects of confiscation in the view of the domestic law, the author concludes that the decision which has been opted by domestic legislator is currently the best way for the practical implementation of the principle of prohibition of unlawful enrichment. [ABSTRACT FROM AUTHOR]

A key turning point regarding to environmental protection was the United Nations Conference on the Human environment held in Stockholm, in 1972. On the Conference was adopted the UN Declaration on the Human environment. On that occasion established fundamental principles of environmental protection. At the Conference, UNEP, held in Rio de Janeiro in 1992. has adopted the UN Declaration on the Environmental protection and sustainable development. The Council of Europe has adopted a number of documents in which the central part is the protection of the environment. The Council of Europe adopted the following conventions: Convention on the Conservation of European Wildlife and Natural habitats in 1979; Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment in 1993; Convention on the protection of Environment trough Criminal Law, in 1998; and European Lanscape Convention in 2000. The Constitution of Republic of Serbia proclaims the right to a healthy environment, but also establishes the obligation of all, to conserve and improve it. The fundamental principles of environmental protection system in our county are regulated by the following .The Law on Environmental Protection, The Law on Environment Impact, The Law on Environment Strategic Impact and The Law on Integrated Pollution Prevention and Control. These Laws are aimed towards establishing an environmental management system and providing protection from natural balance degradation. With a great number of Laws in particular sectors of environmental protection, Republic of Serbia received modern legislation, which formed, a good basis for economic and social activities involved in environmental protection. [ABSTRACT FROM AUTHOR]

The article sheds light on the first attempts to codify civil procedure in Serbia, in the period between 1829 and 1844. Predominantly focused on the earliest code-preparing works in the fields of penal and civil law, Serbian legal history neglected the third, equally important compilation -- code of civil procedure. The quantity of hitherto established data on this subject did not suffice. It was known, for instance, what foreign code served as a model in the very beginning of lawgiving work. Serbian legal history was also acquainted with the fact in what manner two future codifiers -- a member of Novi Sad City Council Jovan Hadžić and the mayor of Zemun Vasilije Lazarević, declared on the contents of the draft produced prior to their arrival in Serbia in 1837. Likewise, legal historian were familiar with the datum that Hadžić and Lazarević had been initially drafting new code in concert, but later divided jobs, so that thenceforth Lazarević alone was tasked with its creation. Exclusive of certain data of lesser significance, nothing was determined in relation to his work whatsoever. Leaning on disposable information, the author made an effort to deepen knowledge on prime codificatory works in this field. In terms of the earliest phase of codification, he expected to acquire new data with the help of foreign literature. Regarding Lazarević's work on the code, however, the author undertook a research in the archives believed to possess valuable documents. Having attentively scrutinized some allegations presented in the correspondence between the president of so-called Legislative Commission (established in 1829 and tasked with production of the code) and Serbian language reformer Vuk Karadžić and his associate Jernej Kopitar, the curator of Austrian Court Library, the author sought for unidentified volumes cited as recourse in the process of code-preparing. By reason of some publications showing a large extent of consistence with the unfamiliar works referred to in Karadžić and Kopitar's letters, the author proposed the hypothesis that the indicated were supplementary literature in Legislative Commission's work. Nonetheless, he failed to obtain any data as for the contents of subsequently prepared Legislative Commission's draft code. Research through archival materials was fecund solely to a degree. A number of utile details were ascertained, among which one should accentuate the terms of contract between Lazarević and Serbian government on the preparation of the draft code, more circumstantiating disclosures on the dispute over the interpretation of the aforementioned agreement and consignment of the compendium. Per contra, very few findings pertain to the contents of Lazarević's draft. Save new discoveries appertaining the very outlook of the produced draft codes, further progress in the scientific research on this topic can not be made. New materials enabling continuance of undertaken exposition of the inceptive codification ought to be found in Croatian State Archives (Hrvatski državni arhiv) and Austrian State Archives (Österreichisches Staatsarchiv), whose documents are oftentimes cited in antecedent works concerning this question. Withal, one may never exclude the possibility of detecting unexposed documents in Serbian archives. [ABSTRACT FROM AUTHOR]

In introduction author points to the necessity of adopting the institute of confiscation of criminal assets, supported by international experience, primarily due to the weakness of previously known institute confiscation of the proceeds of crime (for which the offender is being tried), showed in front of the phenomenon of organized crime. In doing so, he analyzes the modalities of confiscation of criminal origin present in modern legal systems and emphasizes the required standard of proof, as one of the key factors of their particularity. The following is a comparative review of the system for investigating and confiscation of criminal assets in Italy, Great Britain, Ireland, the Netherlands, Germany, France and the United States. There are emphasized the normative elements which affect to scope of application of this institute, especially in light of its connection to the criminal proceedings, as well as jurisdiction to realization of the investigation process and procedure of confiscation. In the final part, the author concludes that appropriate social and institutional responses are very important for the effective fight against crime, every time if there is a suspicion about illegaly acquired wealth. In doing so, particular attention arouses organized crime, particularly in the light of contemporary global trends, which, unfortunately, significantly affect the possibility of the development of organized crime, and development and/or covering up its financial component. In this sense, the author emphasizes that the basic characteristics of the system for investigation and confiscation of criminal assets connected to the criminal proceedings, which are used in developed european countries and the United States: (1) changed the rules of evidence, which means less convenient role of suspects, (2) the application of this mechanism to a limited number of crimes, which often includes drug trafficking and other serious crimes or organized crime, and (3) the existence of specialized subjects and investigative powers, which vary in relation to the classical powers related to the investigation of criminal offenses. [ABSTRACT FROM AUTHOR]

The article sheds light on some unfamiliar details related to Penal Code Draft for Serbia from 1839, authored by the mayor of Zemun Vasilije Lazarevic. As this document to a large extent remained neglected in monographs and articles in relation with codification of criminal law in Serbia in 19th century, the author resolved to explore this topic thoroughly. Archival materials provided solid basis to learn more information in terms of what occurred to forgotten draft after Ministry of Justice had received it. Lazarevic consigned his draft to Minstry of Justice between the end of July and beginning of October 1839. Not long afterwards, the Ministry proposed State Council to form a committee tasked with revision of the draft. State Council rejected the proposal, instructing the Ministry to appoint persons to revise the draft on its own. Only when they have finished revision, the draft would be examined by the State Council's committee. In the following year, 1840, Ministry of Justice requested Prince Mihailo Obrenovic (1839-1842, 1860-1868) to elect members of the committee to revise Lazarevic's draft. Not having jurisdiction over fullfillment of such request, the prince recommended State Council to do so. State Council opted for Minister of Justice Stefan Stefanovic-Tenka, legislator Jovan Hadžic, judge of Appellate Court Lazar Zuban and head of Department of Police and Economics in Ministry of Internal affairs Stefan Radicevic. However, due to turbulent political climate in Serbia, the committee was unable to execute its duty. In 1841, a new committee was formed by State Council. It was made up of member of State Council Golub Petrovic, Minister of Justice Stefan Radicevic, head of Department of Quarantine and Sanitation in Ministry of Internal Affairs Jovan Stejic and professor of law Jovan Raic. Existing historical sources and literature reveal contradictory data regarding the committee's activity. The last commission was appointed in 1843, and it included member of State Council Lazar Zuban, head of Department of Ministry of Justice Sava Šilic, president of Belgrade District Court Lazar Arsenijevic-Batalaka and legislator Jovan Hadžic. The committee had only partly revised the draft, after which it lied in the archives of State Council. At initiative of Department of Justice, State Council adopted the resolution that new drafts of Penal Code and Code of Criminal Procedure should be composed, which meant Lazarevic's work ceased to represent basis for codification of criminal law. Lacking information on the contents of the draft and observations of committees, available archival materials do not allow to draw resolute conclusions on the topic. Nevertheless, the records of Petrovaradin Border Regiment kept in Croatian State Archives in Zagreb, some of which contain data on early codification of criminal and civil law in Serbia, may potentially offer more explanations to this subject. [ABSTRACT FROM AUTHOR]

Although considerable efforts have been made in international law in order to set the general minimum age of criminal responsibility, no consensus has been reached on this issue. Having in mind the nature of international law it seems that such efforts are futile. Regardless of the (in)ability of international law to provide an answer to the question regarding minimum age of criminal responsibility, and the need to set general minimum age at the international level applicable in different societies, international normative acts bind national jurisdictions on regional and even universal level. With the aim of examining international standards dealing with the minimum age in national criminal legislation, and having in mind the obligation of states to harmonize their laws with international legal instruments, the author made an overview of the most relevant among these international standards in order of their creation. The tendency of harmonizing the minimum age of criminal responsibility, while formally hidden behind the rule of law argument in the states that belong to different cultures, ridicules specific character of particular culture on which every moral and legal order rests. As an illustration of this position, the author researched a number of (very different) comparative-law approaches. The comparative-law analysis clearly reveals colonial and non-colonial approach to this issue. Also, comparison of national legislation indicates wider dependents of child's understanding of criminal law on particular culture. The analysis of international regulatory standards and comparative-law approaches in a number of countries raises the issue of justification of harmonization with predominant standards of the international community in situations when national-law regulation does not correspond to the needs of a particular society. [ABSTRACT FROM AUTHOR]

The author explores a scarce and unusual phenomenon for the 19th century Serbia, of the emphasized nexus between crime and penalty. The author marks that special, symbolical relation of penalty, on the one hand, and sanction on the other, as "penal symbolism". This term refers to penalization which reflects the ties between crime and punishment by copying crime in terms of modus or place of execution, or by "punishing" those body parts which partook in committing a crime. The author classifies the examples of preserved judgments and legislations containing penal symbolism to those referring to modus or place of execution of death penalty, those which are examples of penal symbolism related to other sanctions, and those which are examples of the symbolic talion. The author raises the questions of the origin of this phenomenon, as well as of its justification, and aims at providing answers by reconstructing legal and social framework of Serbia in the first half of the 19th century. With this objective in mind, she discusses the development of Criminal Law and its basic features, as well as the development of judiciary, the systematic institutionalization of the network of criminal courts, and, especially, the composition thereof. In the conclusion, the author rejects the possibility that penal symbolism is a product of legal transplantation or that of the continuity of Serbian medieval law. She asserts that the scarcity of material criminal law sources led to judging by "justice and fairness", and that those facts created conditions for the primitive sense of justice to find its way into judgments and legislations as penal symbolism. [ABSTRACT FROM AUTHOR]

Environmental protection is undoubtedly one of the priorities of today, both nationally and internationally. Environment is understood as the totality of natural and man-made values. Environment is primarily protected through administrative and civil law. However, intensive development of industry, engineering and technology has caused the need for environmental protection through criminal law, because the individual elements of endangering the environment can no longer be protected in any other way efficiently. In this article, the author deals with the environmental protection through criminal law at EU level, legislation governing the criminal-legal protection of the environment, as well as some basic issues related to this topis. [ABSTRACT FROM AUTHOR]

The author in this work elaborates some problems about complicity in the committing a crimes. Criminal act is the act committed mostly by one person. But, today, there is more and more felonies which who are committing by several peoples, or groups of people. Therefore, the sanction must be more rigorous. In this article, author discussed about a one side of the complicity, accordingly, about a assistance in committing a crimes. Through analyses theoretical postulates in Codex trans aspects of some other authors till jurisprudence, the author concludes that this subject matter is very good elaborate, and, there is no many problems in practice. The author propose a harmonization of solutions on some aspects between the countries in the ambience, and demand more severe regard from court. The assistance in committing crime is the easiest shape of the complicity, but no less remarkable. [ABSTRACT FROM AUTHOR]

Article 7 of the Convention is not confined to prohibition of the retrospective application of the criminal law. Provided protection is wider, and it is developed through the case law of the European Court of Human Rights. Because of the significant impact of the common law, Article 7 in general can not be understood in a way that the principle of legality is traditionally recognized in civil law. As for the lex certa principle, the case law of domestic courts has a big impact on the Court. This is of course the consequence of common law impact. Although lex certa is in some degree a relative principle, in some of the Court criteria's lies the danger of its further relativization. In its previous case law, the Court found violation of this principle in only one case. It remains to the future case law to further clarify in what extent lex certa principle is recognized by the Court. [ABSTRACT FROM AUTHOR]

This article examines from the legal theory standpoints, problems relating to the most important aspects of exercising judicial prerogatives in criminal matter, which sheds lights on the nature of exercise of judicial function in criminal procedure. Following introductory thoughts on the notion of the court in general and on the notion of the criminal court, in particular, the author, in the first part of the article, analyzes and later offers a critical review on preconditions for the exercise of judicial powers by the criminal judge that are both correct and legally sound. In the central part of the article the author looks at two crucial activities of the judge upon which rendering of a legally sound and just decision in criminal procedure depends on - the determination of facts and application of the law. As for the process of determining facts, the author concludes that this is the most complex and the most responsible activity the judge undertakes in the criminal proceedings. The author supports this statement with in-detail explanation and convincing argumentation. In the next part of the article, the author offers analysis of nothing less complex notion of the application of the law, with particular emphasis on the segment of that activity often referred to as the application of the law in the narrow sense of the word. At the end, the author concludes that "when rendering a decision, regardless of whether on determining facts or on the application of the law, the personality of the judge, as a decision maker, should never be excluded, since judiciary is a keeper of a true law and is not the executioner of legality". [ABSTRACT FROM AUTHOR]

The right of personal freedom is one of the most important right from the set of basic human rights and freedoms, contained in the most important acts of international legal character, and the constitutions of states based on the rule of law. This right is directly related to the very human existence, and, therefore, it is necessary to make its legal articulation. Personal freedom means the right to security of the citizen, that he will not be arrested and detained in prison by the state authorities, as well as the right to be free to move and inhabit. However, from the very nature of Criminal Law protection of social values, arises the need to limit the right to personal freedom in exceptional circumstances, including the detention of the suspect. Keeping the suspect is a measure of procedural compulsion, by which, through the police decision, detained prison is temporarily imprisoned, for gathering information and hearing. The basic principles of humanity require that the detained suspect retains all the rights, derived from the principle of personal liberty. [ABSTRACT FROM AUTHOR]