Search

Copyright of Wirtschaftsrechtliche Blätter is the property of Verlag Oesterreich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This work covers the review of the main issues arising in judicial practice with regard to the use of special surveillance or investigation methods, especially the use of undercover investigators and of collaborators, starting from ordering such measures all the way through the limits the intervention of such investigator/collaborator should respect.

This work covers the review of the main issues arising in judicial practice with regard to the use of special surveillance or investigation methods, especially the use of undercover investigators and of collaborators, starting from ordering such measures all the way through the limits the intervention of such investigator/collaborator should respect. [ABSTRACT FROM AUTHOR]

This article focuses on the word ' Mundas ' (plural Mundasīn), which literally translates as 'infiltrator', and was one of the words most frequently used to describe those opposing the Syrian regime. The word was rarely used within the Syrian political repertoire before the outset of the revolution. However, it soon became a marker separating those who supported President Bashar al-Assad from those who did not. In the context of the Syrian war, the Mundasīn , according to the regime's narrative, hide within the masses of al-Assad's supporters, creating disorder, and do not reflect the demands of the 'good' Syrian people. As claimed by this official narrative and emphasized by its media, those infiltrators were radicalized terrorists invited from abroad to generate chaos in Syria. Consequently, the armed forces of the regime blamed these Mundasīn and allegedly had no choice but to repress protests in order to protect peaceful demonstrators from their brutality. The article explores the origin of Mundas and the ways it was used within Syrian media. It reflects on the divergent interpretations and uses of the word as a common expression identifying oneself and asserting membership in a certain group on the one hand and challenges the negative meaning of the word advocated by the government and its agencies on the other. It also researches the word's evolution within social media platforms, in both texts and graphics, and discusses popular uses in caricature drawings, slogans and songs. [ABSTRACT FROM AUTHOR]

The challenge of proving the crimes of the 21st century lies largely with the constant progress and improvement of the methods and ways of action of the perpetrators, which is especially characteristic of the most serious forms of crime that threaten the security of the state and all its citizens. Therefore, there is a need for specific state action both in the prevention of these crimes and in their suppression. This includes the use of special evidentiary actions provided by law. As the most complex one, Serbian legislation provides for the action of employing an undercover agent. The key feature of the undercover agent's actions is contained in Art. 185, para. 4 of the Criminal Procedure Code, which prescribes that it is prohibited and punishable for an undercover agent to incite the commission of a criminal offense. However, other legislatures, such as the U.S. one, are familiar with the institute of the agent provocateur. The question that arises is related to ethics, but also the efficiency of various legal solutions, and the aim of this research is a type of scientific explanation of the relationship of both legal solutions with ethics in general, but also with numerous legal institutes that may be in danger in case of provocation. In conducting this research, in addition to analytical-synthetic and inductive-deductive methods, the statistical method also had an important role, as a short survey was conducted with 82 random respondents.

Across history, and particularly in periods of criminalization, the gay community have often been forced to resort to public spaces—"beats"—to clandestinely seek out anonymized sex with partners who share their sexual preference. This article reframes the construction of gay beats as ephemeral spaces that prevails in existing sexuality literature. Instead, it shows that Brisbane's beats were semi-permanent spaces with subcultural meaning to the local gay community—a fact that was used by police to target gay men during law enforcement's attempts to reestablish a moral order in the postwar era. Using a combination of archival material, personal narratives and secondary sources, this article effectively reframes the concept of gay beats as transitory spaces, and instead argues that it was their permanence and resilience in Brisbane's gay subculture that made them a perfect hunting ground for police looking to target a vulnerable homosexual community. [ABSTRACT FROM AUTHOR]

The issue of an agent in criminal proceeding has been the topic of scientific discussion for several years in European countries as well as in the Slovak Republic. In particular, the topic of agent provocateur is constantly interesting and controversial in a view of its problematic practical implementation in relation to the national legal regulation of that institution, existing jurisprudence, including the practice of the European Court of Human Rights. This issue is worthy another discussion because there are many opinions that it intervenes into the fundamental rights of individuals and many lawyers point out that is not in compliance with the basic principles of the democratic state respecting rule of law. Theoretical aspects of the topic have caused its complicated way of application in the relation to respect towards the basic principles of the democratic state respecting rule of law. By analyzing and comparing the domestic regulation, case law of domestic courts and the European Court of Human Rights the authors have ambition to suggest different views on problematic aspects of this institution, especially its form as agent provocateur. Special attention is dedicated to the question whether a lawyer, concretely advocate can act as an agent. The nature and purpose of all these institutions, including the question of legal entrapment, raising polemics dividing the society. The article does not aim to offer one satisfactory solution. The reason is, as the reader will have a chance maybe to come to the same idea, there are many different state approaches worldwide and especially in the States of the Council of Europe, which affected different ways of understanding of the Agent Provocateur, its role and purpose in the democratic state with rule of law. The authors' intention is to seek arguments acceptable for both parties to the dispute. [ABSTRACT FROM AUTHOR]

The year 1994 saw South Africa having a black president, in the person of Nelson Mandela, for the first time in its history. It was also the first time that black South Africans voted, since prior racist laws denied them this right. These developments created hope for betterment in the political, economic, and social lives of black South Africans. However, other Africans in the rest of the continent also found hope for better prospects in this new situation, and this saw Africans from outside South Africa flocking to the country. Soon, tensions, caused by resentment on the part of South Africans, who saw their fellow Africans as invaders taking their jobs and livelihoods, spilled over into conflicts that became known as "xenophobic". In this article we argue that the media did not inform the world about these conflicts in a dispassionate and objective way, as they are expected to do. Instead of helping audiences to better appreciate the issues at hand, the media exacerbated the conflicts through sensational reporting. Through an examination of certain sections of the media in KwaZulu-Natal, this article demonstrates how the media failed to live up to their commitment to the public. The study provides an insight into government agencies at the local level and the importance of involving the local print media in their social cohesion programmes. It aspires to fill the void of research at the local level through a case study on xenophobic influences in townships in the KwaZulu-Natal province. [ABSTRACT FROM AUTHOR]

In the work a special evidence activity is discussed undercover investigator. Following the introductory part, the conditions necessary for using this measure are stated and the contents of the order to hire an undercover investigator is explained, drawing attention to the subsidiary character of engaging an undercover investigator, which is emphasized by a request that, along with meeting all material and formal conditions, it can be given only if the difficulties in collecting evidence cannot be overcome with other special evidence activities, but only by engaging an undercover investigator. In the part related to the time of lasting the engagement of the undercover investigator, special phases of criminal procedure in which this activity is applied and length or the action itself are discussed. The belief is that this action is applied, before all, in pre-investigation, but there are no legal obstructions to apply it in other phases as well, and that the maximum time of its lasting, which is now one year, plus six months, should be prolonged. After the part explaining the determining the undercover investigator, it is discussed about the problem of committing a criminal act by the undercover investigator, and then about the way of delivery of material and report collected by the undercover investigator. A special attention is given to the interrogation of the undercover investigator as a witness, where it has been emphasized that the legislator did well when he foresaw it only as an exceptional possibility, for it is related to more problems, starting from the possibility of revealing the true identity of the undercover investigator, up to the evidence valuation of his statement. In this part it is pointed out that the undercover investigator could not be interrogated as a witness given the circumstances of the contents of the conversation he led with the suspects and the citizens, and that in order to avoid abuse such prohibition is necessary to be explicitly prescribed. Finally, conclusive considerations are given, suggesting to perform smaller legal corrections of this institute.

Security, living environment, or entrepreneurship ecosystem is determined by wide array of factor. We tackle organized crime issues, which can cause potential insolvensy. In this article, the authors deal with a set of European Court of Human Rights decisions concerning the right to a fair trial and the use of an agent in criminal proceedings. From the investigated decisions, the authors conclude that the individual Slovak regulation, agent provocateur under § 117 par. 2 second sentence of the Criminal Procedure Code, a priori, is not inconsistent with decisions of the European Court of Human Rights. This is subject to the condition that the provision in question of the Criminal Procedure Code is interpreted in accordance with the principles established in the decisions of the European Court of Human Rights. [ABSTRACT FROM AUTHOR]

Modern forms of organized crime in many countries have entered the political and economic life, affecting their normal legal functioning, undermining economic stability followed by consequences in their overall development, stability and security. States to oppose these destructions have been involved in the search for new effective means of suppressing forms of criminality. In this regard, the Republic of Macedonia joined to introduce special investigative measures that enable the subjects of the criminal prosecution, preventively and regressively to act in the prevention of criminality. There is a great diversity in the world in the number and types of these investigative measures (computer comparisons of personal data, electronic police surveillance, secret surveillance and recording of persons and objects - raising the search, surveillance and recording of the content of other people's unofficial communications among people, undercover investigation - concealed investigation or use of secret agents, etc.). The application of special investigative measures in all countries stems from the rapid development of organized crime, expressed through more pronounced forms of criminality: terrorism, money laundering, corruption, illicit trafficking, drug production and cybercrime, spying and the need for its suppression. All previously exposed aspects turn our interest in the legal and practical application of secret agents as a separate investigative measure in the suppression of criminality. The basic preoccupation of this investigative measure has three types of covert agents: covert cooperation, infiltrated agent and agent provocateur. [ABSTRACT FROM AUTHOR]

The Herero Nama Genocide is a painful period in Namibian history and yet it is the period about which several novels have been written in the past ten years. This article examines one of the novels of this period, The Lie of the Land by Jasper Utley, with a view to exploring the ambivalence in its writing. Using witness bearing and the concept of the 'Other' in postcolonialism, I investigate the narrator's language and lay bare the ambiguities in the novel. I trace the path of the eponymous hero from being a witness to the Nama Genocide to an active involvement in the rescue of a Nama woman whom he falls in love with. [ABSTRACT FROM AUTHOR]

The purpose of this article is to fill the gaps in the biography of Stanisław Radkiewicz by describing the period of his communist activity in Lviv. It focuses on Radkiewicz as one of the organizers of the assassination of Józef Cechnowski. Cechnowski, a police informer (a so-called agent provocateur), was killed by Naftali Botwin in July 1925. Therefore, this paper may be a contribution to Botwin's biography as well. The article presents this event in a broader historical context, which is essential to explain the socio-political background and the consequences of the assassination. It also shows some aspects of the Botwin myth created by the Communist Party of Poland and supported by the authorities of the Polish People's Republic. The sources used as the basis of the article are archival documents, especially personal fi les and memories of direct participants and witnesses of these events in Lviv. It is a little-known episode which had a significant impact not only on Radkiewicz's career but also on the labour movement in Poland. [ABSTRACT FROM AUTHOR]

An unprecedented expansion of global anti-terrorist policing took place after 1900, although the security forces projected outside their borders by Russia, Italy, Germany, Austria-Hungary, Spain, and Argentina displayed an enormous diversity in size and effectiveness. Crucial to successful policing was how these countries improved their intelligence through recruiting and handling informers, maintained secrecy and good relations with local police, and handled the media. The British approach to anarchist control was arguably the most successful. Italian international policing was the most far-reaching, while the United States long remained the world's most under-policed large country. On examination, the view that anti-anarchist policing was a case of conservative imperial regimes versus the Western democracies loses validity. During this period, a general trend saw the transfer of anarchist surveillance from the hands of diplomats into those of interior ministry officials and the police, all in the name of greater centralization, professionalization, and efficiency. [ABSTRACT FROM PUBLISHER]

In relation to the activities of organized crime groups and their dynamic development in the areas of corruptive behavior which seems to be aimed at not only the leading representatives of the national political scene, but also at the area of national economy, economy and culture, discussions keep arising especially in the lay public about the enactment of the institute of the so called agent provocateur into the Czech legal environment. This institute has many supporters and also many opponents. Also some foreign legislations could be an inspiring element for the Czech legislation. [ABSTRACT FROM AUTHOR]

The author analyzes the concept of agent provocateur and the issues related to this concept, which stood both in the Romanian literature and practice, as well as the foreign one. [ABSTRACT FROM AUTHOR]

The fight against organized crime by using special investigative techniques in cases of suspected of belonging to an organized crime group, there is often a change in "the rules of the game" by giving a major importance to sample, not evidence or principles law. [ABSTRACT FROM AUTHOR]

The Oglala Sioux Indian tribe has accused the FBI of covering up the homicide of their members in the 1970s. In an ongoing attempt to force the authorities to investigate these homicides on the Pine Ridge Reservation over three decades ago, the tribe wants the cases to be reopened and a full disclosure made as to who was behind these killings. There is a suspicion of official involvement by the refusal to set up an inquiry about the deaths that followed the surrender of the American Indian Movement (AIM) members after the Wounded Knee protest. It has caused loss of faith by the conviction of an Indian activist Leonard Peltier on testimony that is not conclusive on the forensic tests. There is evidence of an agent provocateur on Pine Ridge that has made DNA an absolute priority in the impending trial of John Graham who is accused of killing Mae Ann Pictou, an AIM member. There is suspicion of subversion by the FBI based on case law and by the findings in the Church Report of 1985. By its repressive tactics, the USA has executed a neocolonial policy on Native Americans, of which this is an example and its inception lies in the genocidal policies of forced removal, dismemberment, and assimilation. The unsolved murders, upcoming prosecution, and the defamation of activists on Pine Ridge need an official inquiry to wipe the slate clean of the persecution and the miscarriages of justice. [ABSTRACT FROM AUTHOR]

Lingerie firm Agent Provocateur has been hit with a pounds 1,000 fine after being caught out by latest local authority powers to tackle fly-posting. The company was prosecuted by Birmingham [...]