Archibald Reiss Days

CRIMINALIZATION OF ASSISTING SUICIDE VIEWED THROUGH THE PRISM OF THE RIGHT TO LIFE

2023-10-16T12:41:50+02:00

Purpose: The right to life is the most fundamental right guaranteed by the Constitution of the Republic of Serbia and a number of international treaties. It belongs to the range of human rights that cannot be derogated from. However, there are inherent limitations to the right to life. Therefore, the dilemma arises whether the right to life, one of the non-derogatory rights in which certain inherent limitations are incorporated, is of an absolute character? If deprivation of life is allowed in some situations, does that, by the nature of things, deny it its absolute character? There are numerous decisions of the European Court of Human Rights that we will deal with on this occasion and try to determine how a right that is limited by its very definition (Article 2, paragraph 2 of ECHR) can be of an absolute nature. A special place will be taken by the analysis of the decision of the Federal Constitutional Court of Germany, in which we find that the criminalization of assisting suicide is unconstitutional. Also, of great importance is the ECtHR decision Mortier v. Belgium, which for the first time examined whether the act of euthanasia was in accordance with the ECHR and where the nature and scope of the state’s positive obligations (material and procedural) based on Article 2 were clarified in a very specific context.

Design/Methods/Approach: The work will be divided into several parts. The first part will deal with the provisions that guarantee the right to life in the most important international sources and the provision of Article 24 of the Constitution of the Republic of Serbia, with a special emphasis on the ECHR and the limitations of that right arising from the Convention itself. The second part opens the legal-philosophical dilemma of whether a person’s right to self-determination provides an opportunity for a person to decide on his own death. In this connection, Article 119 of the Criminal Code of Serbia is being considered in particular. The third part provides an overview of the practice of the ECtHR, as a basis for passing a final judgment on the character of Article 2 of the ECHR and Article 24 of the Constitution of the Republic of Serbia. And in the fourth part, we have a discussion, followed by conclusions. The author uses the legal-dogmatic method, the method of comparative, formal-logical analysis and the case study method.

Findings: Proceeding from the provisions of the Constitution of the RS and the provisions of the ECHR, as well as the basic features of criminal law and Article 3 of the Criminal Code, which states that the protection of human beings and other basic social values is the basis and limit for determining criminal acts, prescribing criminal sanctions and their application, to the extent in which it is necessary to suppress those acts, we come to a conclusion about the character of the right to life.

Originality/Value: The topic is of importance both nationally and internationally and can resolve numerous newly opened dilemmas related to criminal-law protection.

EDUCATION OF MIGRANT AND REFUGEE CHILDREN IN SERBIA AS PROTECTION FROM CRIMINAL ACTIVITIES

2023-09-11T10:02:36+02:00

Abstract: Analysis of the position of migrant and refugee children in Serbia as members of a marginalized group, which is almost completely excluded from the entire social environment and education, on top of which is systematically exposed to violence by other migrants, smugglers and the police. About 10 percent of them are unaccompanied children. On the so-called on the Balkan route, they travel to Western Europe for an average of four and a half years, not knowing the local languages, many of them do not even know any other language than their mother tongue. During that period, many remain "stuck", unable to continue their journey between strictly guarded borders, run out of money and becoming particularly vulnerable to violence and a range of group criminal activities and actions of individuals. Design/Methods/Approach. The data was collected by desk analysis of academic texts, research findings, reports of international and local humanitarian organizations, administration and media. The data shows that many of those children would like to have friends, play sports and learn local languages. Schools can provide all this to migrant children. By engaging educational institutions in Serbia, from the 2015/16 school year. 98% of children from the migrant population were included in the education system. It is also important that what they learn here will be of practical use wherever they go, while the inclusion in the education system represents a solid barrier to further victimization of migrant and refugee children. Findings. Although education is a basic human right, migrant children and asylum seekers during the refugee journey face obstacles in accessing any education due to language barriers and ethnic differences, unresolved legal status, experience of wars, cumulative stress and trauma and lack of social adaptation. It is pointed out that migrant and refugee children have the same right to education as any other child in the world. Originality/Value. Bearing in mind that children and adolescents have the right to equal access to quality, inclusive learning opportunities, the conclusion is that governments must increase efforts to enroll migrant children in regular schools, including improving school capacity and providing language support to children and their guardians. It is also necessary to strengthen the child protection system in order to prevent all forms of violence, exploitation and abuse.

PUNISHEMENT IN THE PRE-ZONE OF ENDANGERING THE PROTECTED VALUE - PRO ET CONTRA?

2023-11-07T10:03:39+01:00

Purpose: In this paper, the authors try to point out and to explain the legal nature and a quality of the exceptions to the general rule that the criminal justice system is only initiated at certain stages of the commission of a criminal offense. As modern serious forms of crime require a more effective criminal law response, states often seek changes in the area of substantive criminal law in order to facilitate the processes of solving and proving of the mentioned criminal offences. How justified are the aforementioned activities and what is the difference between the demands of criminal policy and the accepted dogmatic solutions is the main purpose and goal of this paper.Design/Methods/Approach: The paper will be organized through three chapters, besides the introductory remarks and the conclusion. The first chapter will deal with the peculiarities of the stage in the execution of the criminal offence as the separated punishable stage in the criminal progression. The second will deal with the frequent interventions of legislators in the Republic of Serbia in the direction of punishment in the early stages of criminal progression, while the third chapter will analyze concrete examples of punishment for the preparation of a criminal offense at the level of a specific criminal offence. Findings: Changes in the area of the special part of the Criminal Code, which are aimed at punishment in the early stages of criminal progression, in order to facilitate the proving of certain serious crimes, are not in accordanace with the rules of the general part of the Criminal Code and fundamentally violate the general concept on which the Criminal Code rests. Deviations from proven dogmatic principles are not the best way to solve the issue of proving criminal offences, and should be reduced to the necessary minimum.Originality/Value: The importance of the paper is reflected in pointing out the problematic issues of the expansion of punishment on the phase of endangering the protected value. The aforementioned tendencies are part of expansionist aspirations and the tightening of criminal repression.

PROBLEM OF ATTRIBUTION OF CYBER-ATTACKS: POLITICAL ASPECTS

2023-09-29T13:46:30+02:00

Purpose

In this paper the author aims to reconsider the problem of attribution of cyber-attacks, arguably one of the most important issues in cybersecurity, from the point of view of political science. The purpose is to show what are political aspects are involved in cyber-attacks and in the process of attribution and why they are important, from both academic and practical point of view.

Design/Methods/Approach

Drawing from the notion developed by Rid and Buchanan (2015), that the process of attribution is a techno-political problem, this paper will, through three chapters, consider motivation of cyber-attacks as an important criterion for classification, political aspects of the attribution process as well as politically important relationship between attribution and possible retribution for cyber-attacks. Starting from qualitative analysis of recent scholarly literature as well as available data on politically motivated cyber-attacks, the author will then use methods of induction and deduction, analysis and synthesis, to form the conclusions.

Findings

The main findings of the paper are identification of political aspects of the attribution process and their consequences. Unlike research that uses cyber-security approach and focuses on technical issues, this paper identifies political actors and political issues emerging in the attribution process, as well as those political actors who are to make decisions on the follow-up actions after the process is completed.

Originality/Value

While certain political aspects of the process of attribution of cyber-attacks have been considered in recent academic works, there seems to be no research focusing exclusively on this aspect, nor starting from the point of view of political science. Therefore, the originality of the proposed paper is both in its scope and its approach. Apart from scientific contribution, the value of the paper consists in production of tentative guidelines for state agencies tasked with dealing with the aftermath of cyber-attacks.

THE COOPERATION WITH THE ICC – THE ONLY POSSIBLE WAY TO JUSTICE?

2023-09-13T17:34:30+02:00

Purpose

The purpose of this paper is to present the cooperation of states and other international legal subjects with the International Criminal Court. The Rome Statute was the legal foundation for the universal criminal court, that is supposed to punish for the international crimes. This task is not an easy one. The cooperation is perhaps crucial and vital component of ICC functioning. The author would like to answer the research question whether the cooperation with ICC is successful. This paper will deal with the question of improvement of the current situation and in which manner. Subsequently, it might help with overall fight against impunity.

Design/Methods/Approach

The author wishes to address this issue by analyzing from the point of view of several different aspects: legal, political, and practical. This paper will include analyzing legal documents, including above all the Rome Statute, examples from the practice and the reputation that ICC has in the international community.

Findings

This paper finds that the key component to the effective Rome Statute legal systems is the cooperation between states and ICC, for example with the cooperation agreements that are being signed. Those agreements usually deal with the enforcement of sentences, witness relocation and other forms of judicial assistance. Other important aspect is the diplomatic and public support that is expected from the State parties. Also, it is important to address the relationship between the ICC and the United Nations.

Originality/Value

The scientific value of this paper is in the legal analysis of this important aspect of tackling the criminals in international criminal law. The results may be useful for the overall research of the success of the International Criminal Court.

Keywords: cooperation, International Criminal Court, United Nations, states, international criminal law.

About the author

Jovana Tijanić, PhD, is a research associate at the Institute of International Politics and Economics in Belgrade, Serbia. She received her PhD degree from the University of Belgrade, Faculty of Law. Her main research interests are public international law, international criminal law, and diplomatic and consular law.1 jovana.blesic@diplomacy.bg.ac.rs

POSSIBILITIES OF IMPROVING THE QUALITY OF THE REGISTER OF EXPERT WITNESSES IN THE REPUBLIC OF SERBIA IN THE AREA OF BALLISTICS, COLD WEAPONS, AND FIREARMS

2023-10-20T08:49:06+02:00

Purpose

This paper’s purpose is to point out the need for a greater number of expert witnesses in the area of ballistics, cold weapons, and firearms because of the high number of crimes committed with the use of firearms, as well as the incomplete data from the Register of Expert Witnesses in the area of ballistics, cold weapons, and firearms in the Republic of Serbia, while giving recommendations for its improvement. The quality and content of the Register of Expert Witnesses in this area are directly related to the outcome of court proceedings in criminal justice, affect the length of court proceedings, and therefore should be improved.

Design/Methods/Approach

The method of content analysis and the method of descriptive statistics were applied in the paper.

Findings

The analysis of the Register of Expert Witnesses according to various criteria (specific area of expertise, gender, age, vocation, level of professional education) showed that there is a space for improving the quality of the Register of Expert Witnesses in the area of ballistics, cold weapons, and firearms, following the example of certain developed countries. A comparative review of the UK Register of Expert Witnesses revealed differences in the organization and content of the Register. Also, there is a need to hire a large number of expert witnesses because there is an impression that the number of expert witnesses in the Register is not sufficient given that there is a large number of crimes involving the use of firearms.

Originality/Value

The analysis of the Register of Expert Witnesses is very significant from the aspect of the availability of visible data on expert witnesses in the Register for the participants of the proceedings, but it also guarantees the quality of expert testimony and the right to a fair trial and a trial within a reasonable time.

JOINT INVESTISTIGATION TEAMS – POSSIBLE ANSWER TO CHALLENGES OF INVESTIGATIONS OF SERIOUS AND ORGANIZED CROSS-BORDER CRIME

2023-10-13T10:31:07+02:00

Purpose: The article aims at presenting the advantages of a joint investigation team as a sui generis instrument of international cooperation, the use of which may increase the efficiency of the investigations of cross-border crime, while analyzing the legal framework for its formation and functioning.

Design/Methods/Approach: The authors are presenting and examining the legal framework and practical considerations for the formation and functioning of the joint investigation teams at the level of the European Union and in the Republic of Serbia in this area, with particular regard to the possibilities offered by the signature of the Cooperation Agreement between Eurojust and the Republic of Serbia in terms of support available to joint investigation teams set up between EU and non-EU countries.

Findings: The Serbian legal framework for setting up joint investigation teams is analyzed in light of relevant acquis communautaire and is the object of the critical review, taking into account comparative analyses of the legislative frameworks of several EU countries.

Originality/Value: Since the signature of the Cooperation Agreement between Eurojust and the Republic of Serbia in 2019, the relevance of this modern tool for international cooperation for the competent authorities in Serbia has been enhanced, taking into account the possible assistance Eurojust may provide to joint investigation teams formed between European Union countries and third countries.

Keywords: European Union, Eurojust, joint investigation teams, cross-border investigations, judicial cooperation in criminal matters, harmonization with acquis communautaire.

HIGH PROSECUTORIAL COUNCIL AND JUDICIAL REFORM

2023-10-24T10:56:14+02:00

Purpose

The High Prosecutorial Council serves to protect the autonomous status of both the operation and status of public prosecutor’s organization in the Republic of Serbia. This paper tends to explain new powers and competences of the HPC and ways how it is supposed to improve the quality, efficiency and impartiality of the criminal prosecution in the Republic of Serbia.

Design/Methods/Approach

In order to thoroughly analyze the topic of this paper, comparative, normative and exegetical methods are used. The composition of Serbian HPC is such that it embodies both the representatives of the sovereign people (through the election of four members – “prominent lawyers”), as well as public prosecutors elected by their own colleagues from the public prosecution organization. This serves to ensure both the prevalence of the professional element, as well as the connection to the sovereign people.

Findings

Constitutional amendments brought substantial changes to the system, as well as the position and authorities of the individual public prosecutors. Additionally, wide spectrum of new means for the protection of integrity of the particular public prosecutor is introduced. For the whole system to function properly, changes within the HPC, in the sense of its activity and proactive stance is required. The success of such shift from the previous ways of SCP is expected to significantly contribute to the overall success of the judicial reform.

Originality/Value

This paper presents an attempt to provide scholarly analysis of the new constitutional and legislative framework within the domain of the reformed public prosecutors’ organization in the Republic of Serbia. Since the legal solutions are new and their application has just started, it is important to provide further scholarly foundations, that may serve not only for scientific purposes, but also as a reference for future bylaw and other normative undertakings.

Keywords: High Prosecutorial Council, Serbia, Constitutional Amendments, Judiciary, Reform

LEGAL ASPECTS OF POLICE SUPERVISION OF PRIVATE PHYSICAL SECURITY IN SERBIA

2023-09-25T09:34:39+02:00

Purpose: The Serbian Private Security Law was adopted in 2013, and the topic of police supervision of private security has not been examined in the scientific and professional literature. The authors believe that this is a very important issue that needs to be researched primarily from the legal and operational aspects in order to remove certain doubts and provide guidelines for solving certain problems in “practical” policing.

Design/Methods/Approach: The normative method was used in the research of legal norms regulating police supervision of private security. In certain places in the paper, in order to achieve certain definitions of a general character, the method of abstraction was used. Mostly, the method of observation with the participation of one of the co-authors and observation without participation, but also the descriptive method, was used.

Findings: In the paper, the authors came up with a definition of supervision of private security and concluded that police supervision of private security is a special type of supervision (supervision sui generis). They also concluded that the Supervision Minutes are a public document that, along with other documentation, can serve as evidence in the proceedings before the competent court. In the end, two types of coercion (force) can be used as an ultima ratio in the police supervision procedure, namely administrative-legal and police coercion, but in accordance with the regulations.

Originality/Value: The value of this paper is reflected in the fact that it examines in a comprehensive and precise way the issue of police supervision of private security, which is important both from the aspect of realizing the freedoms and rights of citizens and from the aspect of the socio-economic progress of the state. Apart from the fact that in the scientific and professional literature there are no papers on police supervision of private security, the originality of the paper is indicated by the methods used and the conclusions reached by the authors. The paper can serve as a guideline for future policing but also for further doctrinal research in the social sciences and humanities.

Keywords: police, supervision, private security, inspection, law.

BANKS – THE GATEKEEPERS IN THE FIGHTA GAINST MONEY LAUNDERING IN THE REPUBLIC OF NORTH MACEDONIA

2023-09-13T17:39:43+02:00

Purpose: The purpose of this paper is to gain knowledge about the preventive role of banks against money laundering through the analysis of the laws in the Republic of North Macedonia, as well as the legal repressiveness towards banks and bank officials for disobeying the laws. Banks are financial entities that are covered by the first pillar of the System for the Prevention of Money Laundering and Financing of Terrorism in the Republic of North Macedonia. In the Republic of North Macedonia, money laundering is a criminal activity incriminated by the crime “Money Laundering and Other Proceeds of a Criminal Crime”, and with the same crime as qualifying elements, the status properties of officials and responsible persons – the bank officials - are provided, and criminal liability is also provided for the banks themselves as legal entities. This paper analyzes the efficiency and effectiveness of banks in the process of identifying suspicious customers and suspicious and related transactions. At the same time, a special review emphasizes the cooperation between the banks and the Financial Intelligence Unit. The research period is 2017–2021, and the subject of analysis are reports of the Financial Intelligence Unit of the Republic of North Macedonia.

Design/Methodology/Approach: The paper is structured into several chapters, including the Introduction part, the Analysis of the role of banks in preventing money laundering – situation and trends in the Republic of North Macedonia, Conclusions, and References. The paper uses a method of comparative analysis and a method of content analysis.

Findings: Banks as financial institutions have a very important role in detecting suspicious customers and suspicious transactions related to money laundering, and therefore their actions for identifying suspicious customers and suspicious transactions are defined by law. For two decades, the Republic of North Macedonia has been working on harmonizing the national anti-money laundering and counter-financing of terrorism legislation with international standards, and visible results are being achieved, which is also confirmed by the latest Moneyval report. The paper also analyzes the procedures for the freezing of financial assets on bank accounts owned by legal and natural persons. According to the national AML/CFT law, the decision to freeze the bank accounts is made by the competent court following a previously received request from a competent public prosecutor. Initially, the request of the competent public prosecutor is based on a previously received proposal from the Financial Intelligence Unit, but also on a request for international legal assistance, which in practice is the result of established international cooperation.

Originality/Value: The analysis included in this paper is based on the national laws that regulate the preventive role of banks in the national AML/CFT system. At the same time, the authors indicate the weaknesses of the banks that appear during the implementation of measures and actions to prevent money laundering and the financing of terrorism. According to the authors, the degree of prevention is directly reflected in the degree of repression. Or, in other words, a greater degree of prevention indicates a lesser degree of repression.

Keywords: money laundering, banks, financial assets, prevention and repression.

SOME CONSIDERATIONS REGARDING THE USE OF ARTIFICIAL INTELLIGENCE IN LAW ENFORCEMENT

2023-10-20T08:48:58+02:00

Purpose

Artificial intelligence (AI) and automated decision-making (ADM) system are increasingly used by law enforcement and criminal justice authorities. These systems are often used to profile individuals, to predict their behaviour and to assess their risk of certain behaviour, such as committing a crime in the future. In such circumstances, people can be classified as criminals or considered a risk even if they haven’t commited any crimes. AI can offer numerous benefits in criminal law, such as improved efficiency and accuracy, but there are also several risks and concerns associated with its use. One of the most compelling reasons to study AI is to learn how to use advances in AI technology to automate and perform tedious tasks. By utilizing AI-based solutions, businesses can streamline processes, increase efficiency, and reduce costs.

Approach

The level of preparedness for using AI in criminal law varies among states and jurisdictions. While some states have made significant progress in adopting and implementing AI technologies in their criminal justice systems, others may still be in the early stages of exploration or have not fully embraced these technologies. States need to have clear legal and regulatory frameworks in place to govern the use of AI in criminal law. This includes addressing issues such as data protection, privacy, transparency, accountability, and fairness. States with well-established legal frameworks specific to AI are generally better prepared for its use.

Findings

It is important to note that the implementation of AI in criminal law is a complex and evolving process, with ongoing discussions around its benefits, risks, and ethical considerations. Legal systems and jurisdictions are continuously adapting to incorporate AI technologies while addressing the challenges they pose.

Value

Studying artificial intelligence is an invaluable endeavour that can open many doors for those interested in technology-related fields. From automation to data analytics to ethical implications, there are countless benefits that come with studying AI.

THE LEGAL FRAMEWORK FOR THE ESTABLISHMENT AND FUNCTIONING OF THE JOINT INVESTIGATION TEAM

2023-08-31T12:32:49+02:00

Purpose

The purpose of the scientific article is to identify the legal framework for establishment and functioning of the Joint Investigation Team, as a tool of the law enforcement unit against the serious and transnational organized crime in the Europe as well as from the point of view of the conditions of the Slovak Republic.

Design/Methods/Approach

In the scientific article were used methods such as analysis, synthesis, comparison.

Findings

Transnational organized crime activities are increasing every year in the EU. The question therefore arises as to which of the available instruments should or should be, at least from a purely formal point of view, intended to investigate serious and organized crime with a cross-border or transnational element. The aim of the scientific article was to find out the current state of legislation (supranational and national) relating to the creation and functioning of Joint Investigation Team. The construction of the current legislation on JIT issues is based on the standards of public international law, Council of Europe legal documents, EU law (EU criminal law) and the national legal order, in this case the Slovak Republic, as an EU Member State. The current legal regulation also enables judicial cooperation with the use of this special sui generis instrument between countries that are members of the EU and with those that are not members of the EU.

Originality/Value

The scientific article is an original work that has not yet been published anywhere.

The status, tasks and competences of law enforcement bodies primarily depend on legislation. The effectiveness of law enforcement bodies in relation to the detection and investigation of serious and transnational organized criminal activity also directly and proportionally depends on the legislation.

Keywords: Public International Law, EU law, international judicial cooperation, Joint Investigation Team

About the author

The author currently works at the Department of Investigation of the Academy of the Police Force, where in the theoretical part of his work he is devoted to the field of detection and investigation of serious and organized criminal activity from the point of view of the implementation of processes of international police and judicial cooperation in criminal matters. In the years 2008 - 2020, the author specialized in the mentioned areas, from the point of view of the practical implementation of processes of international police and judicial cooperation in criminal matters, working in various functions of the National Criminal Agency of the Presidium of the Police Force of the Slovak Republic. The author was a leader of international operations and a member of several joint investigation teams established for the Slovak Republic.

THE USE OF MODERN PRINCIPLES OF POLICE MANAGEMENT BY POLICE OFFICERSIN COMBATING CRIME

2023-09-11T09:06:21+02:00

Purpose: The practical work of police officers in combating crime is based on several characteristics, such as risk, unpredictability, and time constraints. The use of modern principles of police management as a set of rules based on legally, theoretically, and experientially confirmed views is of great importance for the efficiency and effectiveness of the work of police officers. The main purpose of this paper is to point out the practical use of modern principles of police management in combating crime and how they serve police officers in making risk assessments, plans of action, and right decisions in limited time.

Design/Methods/Approach: This paper is report one and presents different literature views relating to the use of modern principles of police management by police officers in their practical work on combating crime. Moreover, the paper will present the advantages and disadvantages of the practical use of modern principles of police management based on the practical experiences of police officers and other research.

Findings: Police officers, in their practical work on combating crime, sometimes unconsciously use the modern principles of police management in order to delegate authority, make orders, control, etc. There are examples of police organizations that clearly define the use of modern principles of police management through instructions or guidelines for the work of police officers. On the other side, the Law on Police defines something similar to modern principles of police management that should be used by police officers when combating crime. For example, the Serbian Law on Police defines professionalism, depoliticization, cooperation, economy and efficiency, legality in work, and proportionality as some of the principles that direct the work of police officers.

Originality/Value: The primary results of the paper are to focus on the advantages of the use of modern principles of police management by police officers in combating crime, primarily during the decision-making process, risk assessment, and allocation of resources. In addition, the paper presents the disadvantages of the use of modern principles of police management by police officers in combating crime.

Keywords: police management, crime, principles, police officers.

POLICE ORGANIZATION IN THE NETHERLANDS

2023-09-11T09:27:52+02:00

Purpose: The purpose of this paper is to show, through the organization of the police in the Netherlands, how the modern police force and organization are functioning in accordance with modern standards. In addition, through the example of the Dutch police, the transformation of the police structure is shown not only in the area of crime but also in other phenomena in which the role of the police is important, such as emergency situations. An additional purpose of this paper is the presentation of the development of the police structure in accordance with the needs of citizens and modern democratic standards.

Design/Methods/Approach: In the paper, the deductive-inductive method was first used in order to understand the development and structure of the police in the Netherlands. In accordance with that, the use of the analytical method in the paper served to provide insight into the transformations of its individual parts. This particularly applies to the management structure. The research went from the key premises on which the organization and functioning of the Dutch Police are based to the implementation of police powers in the field.

Findings: The paper helps to better understand how modern police should be structured and organized in a way that corresponds with the political system, public administration, and local self-government in one country. The effectiveness of the police structure rests on constant transformation in accordance with changes in society as well as the needs of citizens. New threats in the field of crime, which often have an international character, affect the expansion of police competences in order to preserve the safety of citizens, society, and the state. Threats not related to crime, such as emergency situations, force authorities to expand and modernize the structure and functioning of the police. In democratic societies, the aforementioned changes are carried out by competent institutions in accordance with democratic procedures.

Originality/Value: The police organization in the Netherlands has some specifics and characteristics that distinguish it from other countries in the European Union. Those specificities will be analyzed through the main features of the security regions established in the Netherlands. Security regions open up new opportunities for the more efficient functioning of the police system. In the paper, these possibilities will also be shown, which should contribute to the understanding of certain contemporary trends in the development of the police organization.

Keywords: police organization, the Netherlands, local self-government, safety regions.

INTEGRITY – HUMAN NARRATIVE OF CORRUPTION PREVENTION AND/OR AI-BASED LEGAL PROTECTION

2023-11-06T08:53:17+01:00

The present article focuses on the change of perspective in the field of anti-corruption actions. It examines the new tools and possibilities the perspective of integrity can offer in order to eradicate corruption, with special regard to its effects on strengthening public trust. It advances the thesis that integrity management can help create a value-conscious system which progressively becomes the true condition of eliminating corruption. The study examines the possibilities of information technology in the fight against corruption.

The article offers a multidisciplinary overview of relevant international literature on the subject. Corruption is approached as a collective action problem in the first place. As we examine corruption in the human ethological approach, at the same time in the AI environment the methodology is based on the scoping review, which differs the from systematic review or meta-analysis since neither the literature search algorithm nor the summarizing aspects at the time of conclusion are able to be formulated exactly, nor are they known in advance.

It is important to gain familiarity with the distinctive qualities of human behavior in order to prevent corruption and reduce the risks of integrity violations. The controlling system of societies can be analysed with the help of human ethology. This is an extremely important aspect when the AI is still being taught and trained by humans.

The article promotes the creation of a new educational programme; the formation of specialists (integrity experts) who can identify and analyse the risks of corruption and integrity of societies/organisations. Their work can strengthen the society’s ability to resist corruption.

FINANCIAL REPORTS – AN INSTRUMENT OF PERPETRATION AND DETECTION OF FRAUDULENT ACTIONS

2023-09-25T12:32:13+02:00

Purpose: Financial reports constitute one of the foremost deliverables of the accounting function within a business entity. They serve as an indispensable source of information, aiming to present an objective and transparent depiction of the company’s state. Nonetheless, they can be manipulated or misused with the aim of benefiting specific individuals in an unlawful manner. Specifically, financial reports can assume a dual role: they can be employed as instruments for perpetrating fraudulent actions, while simultaneously serving as highly efficacious means for their detection.

Design/Methods/Approach: In this paper, the focus will be on fraudulent activities in which financial statements appear as a means to conceal or commit fraudulent activities. In addition to the detection of fraudulent actions in financial statements, the subject of this work is also protection against such frauds and other illegal actions. The methodological framework of the work includes analysis, synthesis and description with the use of relevant literature by foreign and domestic authors.

Findings: One of the goals of the paper is to point out the importance of truthful and objective presentation of financial statements and the damage that results from the use of creative accounting. Also, one of the goals is to offer a wider range of information and knowledge about fraudulent actions in financial reports. Emphasis in the paper is on the importance of methods and analysis of financial reports in forensic accounting investigations of fraudulent actions in financial reports, all with the aim of better understanding of the activities and role of the accounting profession in suppressing fraudulent actions and manipulations.

Originality/Value: This study provides a solid foundation for future research, as the addressed topic remains relevant on both a local and global scale.

Keywords: financial reports, instrument, fraudulent actions, fraudulent action detection, forensic accounting investigation.

REFLECTIONS ON THE LIMITS OF THE HUNGARIAN PLEA AGREEMENT

2023-09-18T11:29:41+02:00

Purpose: The paper aims to show Hungary’s legal institution of the plea agreement and its limitations. Another aim is to show the characteristics of plea agreements in other European countries and how they differ from the American plea bargain.

Design/Methods/Approach: The paper reviews domestic and foreign literature and analyzes domestic legal norms. It also illustrates the application of plea agreement through practical experience.

Findings: In Hungary, the plea agreement will be applied with the entry into force of the new Criminal Procedure Act in 2018. The plea agreement has been introduced into practice on the Slovenian model. The legislator would expect this legal instrument to speed up criminal proceedings on a broader scale. In contrast, the number of criminal cases in which the legal tool is used is below 1%. The many limitations of a plea agreement mean that it is rarely used at the investigation stage. This paper describes these constraints on the side of the prosecution, the accused, the defence, and the judge. The legal instrument of plea agreement itself is good in criminal proceedings, but its current practice in Hungary needs to be changed to make it more common. The paper also presents practical solutions that the prosecution uses instead of a plea agreement but that fulfil its purpose.

Originality/Value: The paper could contribute to changing the application of plea agreement. The monitoring of changes could be the subject of further papers.

Keywords: plea agreement, plea bargain, criminal procedure, investigation, confession, trial waiver.

MODEL OF FIELD TRAINING REDESIGN AT THE UNIVERSITY OF CRIMINAL INVESTIGATION AND POLICE STUDIES BASED ON STUDENT EVALUATION

2023-10-27T11:14:53+02:00

Purpose: To develop, in addition to institutional evaluation, the need for summative evaluation as one of the elements of improving the didactic-methodical standard of teaching in higher police education, a student evaluation model has been designed to systematically and in an organized manner monitor the implementation and project measures for improving field training as a form of special forms of teaching at the University of Criminal Investigation and Police Studies.

Methods and Findings: From 2016 to 2019, 416 students participated. Men (229) were statistically significantly higher (χ2=4,240; df=1; p=0.039) than women (187). The level of acquired knowledge was rated at 3.73±0.68. The overall impression of field training was 3.68±0.67. The formation of an assessment of the level of acquired knowledge and acquired skills and the overall impression of field training statistically significant (p<0,001) has a common influence on the way of studying and years of training. The distribution of the relative frequencies of the most common open response groups is: 124 students (29.8%) declared for the longer duration of the training; objections to poor personal equipment were made by 70 students (16.1%); 58 students suggested more practical exercise (14%); 30 students proposed the introduction into training of new technical means of the police (7.2%); 21 students proposed preparatory training in Belgrade (5%); etc., while only one student replied that he was not interested in field training (0.2%).

Value: Based on the analyzed results, a redesign of the field training for the academic year 2022/2023 was carried out, which included almost all the suggestions of students. The results of this redesign have yet to be recorded and analyzed, but it is already clear that the model of a redesign of program contents at the UCIPS based on the evaluation of both students and training contractors, as well as the future employer (the Ministry of Interior of the Republic of Serbia), is the right way to model the optimal study program.

Keywords: redesign of the study program, field training, student evaluation, optimal study program.

LAW ENFORCEMENT AND CRIMINAL ASPECTS OF ILLEGAL DUMPING IN HUNGARY

2023-08-31T13:30:31+02:00

Purpose: The paper reviews the current criminal and law enforcement issues of the ecological crime of waste management in Hungary. It seeks answers to the question of what legal and enforcement obstacles weaken more effective action by the authorities, where and what solutions could lead to a more effective enforcement regime.

Methods: Because of the research objectives, the study primarily reviews domestic and foreign literature and analyses domestic legal norms. Primary research examines and analyses the legal environment related to the waste management regime. The primary focus of the study is on criminal law regulation in the subject area and the investigative findings of the investigative authorities' professional management. As a priority, the processing of internal police material is considered. In addition, the statistical data on waste management offences, such as the number of crimes registered and the investigation and detection success rates, are also examined. Based on the findings, criminal and law enforcement-related indicators have been identified that are relevant to the fight against illegal dumping.

Findings: The amendment promised more effective and efficient action by the authorities. The average annual number of prosecutions under the offence ranges between 300 and 500 offences. This result is shallow, given that hundreds of thousands of tonnes of rubbish are dumped on streets, land and forests every year. The fight against illegal dumping has many difficulties on the part of law enforcement. These include anomalies in the organisation of the police as an investigating authority regarding jurisdiction and competence. This fragmented and often difficult-to-interpret legislative environment gives many authorities overlapping powers. Also, sanctions by law enforcement are incapable of effectively deterring offenders. The complexity and cost of proving this type of offence. And last but not least, the need for more professionalism of police staff. In this paper, I present the criminal situation and recommendations to improve the effectiveness of enforcement action.

Value: The findings may be helpful for policymakers, crime prevention practitioners and policy management. The study has the potential to inform the broader scientific community about the complex dangers of illegal dumping. The study can be an essential starting point for further research into waste management crime, which is the most irritating of ecological crimes to the public. The study also indicates that the changed circumstances imply new criminal, organisational and law enforcement reforms.

Evidence-based policing in Serbia: Evaluating deterrent effects of foot patrol in one hot spot of crime

2023-09-25T11:57:40+02:00

Purpose: This research evaluates the effects of police foot patrols in one crime hotspot of incidents recorded by the police. It promotes evidence-based policing and contributes to the knowledge of hot spot policing.

Design/Methods/Approach: The study applies a quasi-experimental method using data on shift-length foot patrols and recorded incidents within one police station in one of the major Serbian cities. The police previously recognised the area as a permanent hot spot for crimes and calls for service. This has been confirmed in the crime analysis on the police station level, using clusters of events on the map. Statistical tests have been applied to evaluate the effects of police foot patrol on the number of all incidents, violence and public order, and property-related incidents: during the presence of a patrol officer, during the time when there has not been a foot patrol, during the same day when foot patrol has been conducted, during the day without foot patrol, during the usual time of foot patrol (7 AM to 3 PM) in foot patrol and non-foot patrol days, and during the unusual time of foot patrol (3 PM to 7 AM) in foot patrol and non-foot patrol days.

Findings: Although reductions in incidents, on almost all levels, have been observed during the presence of foot patrols and during the days when foot patrols have been conducted, results are statistically non-significant.

Originality/Value: This study suggests that hot spot policing prevents crime and disorder, but further studies should be conducted to create stronger evidence about hot spot policing in the region. The study calls for an evidence-based approach in policing by developing a suitable methodology for police managers when evaluating foot patrols, hot spot policing and perhaps some other crime prevention strategies.

UNCULTIVATED AGRICULTURAL LAND BETWEEN CRIMINAL AND TAX LAW

2023-09-18T11:35:44+02:00

Purpose

In recent years, there have been several proposals to encourage greater utilization of agricultural land, through the application of the tax law institutes. On the one hand, tax relief is proposed for agricultural land that is cultivated, while on the other hand, stricter taxation of land that is not used/cultivated is proposed. Such approach completely ignores the fact that there is already an institute in the legal system of Serbia whose goal is to increase the utilization of agricultural land, and that is a misdemeanor, i.e. misdemeanor sanction. The subject of research in this paper will be precisely these two legal institutes: tax on agricultural land and misdemeanor sanctions for its non-use. The aim is to review their potential in order to encourage the use of agricultural land, but within the limits of its optimal use.

Design/Methods/Approach

The subject of research was processed using a synthetic method, using economic and legal methodology, and above all the method of tax and criminal law.

Findings

Special taxation of uncultivated land is neither economically nor legally acceptable. First of all, this would result in duplicating the instruments that are intended to encourage the use of unused agricultural land, given that there is already a system of misdemeanor sanctions. Instead of conducting a misdemeanor proceeding, the proposed property tax modifications would mean that a tax proceeding would also need to be conducted. The tax is inferior to the misdemeanor also because of its inflexibility in determining the amount that the owner of uncultivated land should pay. Finally, the question of the constitutionality of such a solution arises as well.

Originality/Value

The article represents the result of research conducted within the project commissioned by the Agricultural Land Administration of the Republic of Serbia, in the process of preparing a legal proposal that would incentive the use of agricultural land. Based on the conclusions obtained, the proposed changes to the tax regulations were abandoned.

THE PROTECTION OF CULTURAL HERITAGE IN INTERNATIONAL CRIMINAL LAW

2023-08-31T12:53:47+02:00

Purpose: Throughout history, wars have been accompanied by the destruction of cultural assets and cultural heritage. With the development of the first international rules of war, the protection of cultural property during armed conflicts was also developing over time. This protection expands and improves to finally include the criminal law protection of cultural property during armed conflict. The purpose of the paper is to point out the international rules of criminal law protection of cultural property during armed conflict, as well as the practice of international criminal courts in terms of trials for the war crime of destruction of cultural heritage.

Design/Methods/Approach: After the introduction, the paper will shortly deal with the international documents and rules related to the protection of cultural heritage. Then, the international criminal law protection of cultural heritage will be analyzed in detail by using the legal dogmatic method of legal norms analysis. Finally, the case law of international criminal courts and tribunals will be analyzed using the content analysis method.

Findings: The key finding refers to the insufficiency and impossibility of a wide range of international rules (outside of international criminal law) to protect cultural heritage during armed conflicts. Bearing in mind the reasons why cultural heritage is the object of destruction during almost all conflicts, the author finds that it is justified to establish international criminal law protection of cultural heritage but questions the possibilities and boundaries of this kind of protection.

Originality/Value: In light of the judgement in the Al Mahdi case before the International Criminal Court, the paper will discuss some new findings related to International Criminal Law protection of cultural heritage during armed conflicts, which can be useful for the protection of Serbian cultural heritage damaged and destroyed during a former conflict.

Keywords: cultural heritage, destruction, armed conflict, international criminal law, protection, international criminal courts.

CRIMINAL LAW ASPECTS OF DIGITAL ASSETS – CONTEMPORARY CHALLENGES

2023-09-18T11:33:51+02:00

In 2020, Serbia adopted the Law on Digital Assets, positioning itself among the pioneers in regulating the realm of digital assets globally. One of the objectives behind the enactment of the aforementioned law was to prevent the misuse of digital assets for criminal purposes. Several years prior, the Law on the Prevention of Money Laundering and the Financing of Terrorism had already addressed virtual currencies within its provisions. Significantly, we must underscore the importance of the most recent legislative Regulation 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (MiCA). This regulation tackles numerous critical questions regarding digital assets, associated risks, and pretends to lay the groundwork for prospective regulatory frameworks within the European Union. Further, traditionally, Criminal Law assumes an ultima ratio character, entailing subsidiary application and protecting specific fragmented interests through the legal system. Of particular relevance to this article is the concept of 'fragmentarity,' indicating that Criminal Law does not independently establish values it protects; instead, it draws upon values from other legal domains. Paradoxically, the current landscape exhibits a converse scenario: digital and virtual assets are initially ensured within the realm of Criminal Law due to their misuse or involvement in money laundering, subsequently transitioning to a conceptual framework for defining the parameters of these concepts. This article's primary focus will be on Digital assets-Related Offences as delineated by the Articles 140 and 141 of Law on Digital Assets (insider dealing and market manipulation), and the potential application of existing provisions within the Criminal Code of Serbia to the aforementioned legal constructs.

TYPES OF ISLAMIC EXTREMISM IN NIGERIA

2023-10-26T08:50:18+02:00

Purpose: Nigeria is a complex society with a large number of different ethnic groups, within which religion has an extremely powerful influence. The author’s intention is to examine the thesis that, when it comes to Nigerian politics, the influence of religion is a direct consequence of the colonial rule of Great Britain and that the exact same influence of religion on politics in Nigeria has produced religious violence and political insecurity in the country.

Design/Methods/Approach: In this paper, the methods of analysis, synthesis, hypothetical-deductive method, methods of generalization, and concretization will be used.

Findings: Religion plays an important role in Nigerian society as a complex and multidimensional phenomenon, with each religion proclaiming its belief to be the only right and true one. Hence, every religion aims to spread faith and protect religious identity, and as a result, a defensive attitude among members of the religious community appears, which can take the form of fundamentalism, extremism, or religious violence.

Originality/Value: Given that the purpose of this research is the analysis of fundamentalism, from which extremism arises, in the paper, the authors analyze in detail the types of Shia and Sunni extremism, the extremism of the Ahmadiyya religious community, and the extremism of the Koranists in Nigeria. The authors conclude that with the help of an inadequate interpretation of sacred texts, fundamentalist groups appeal for general mobilization and seek support at the domestic and international level in order to achieve their aspirations, which are often manifested in the form of violence, sometimes against another religious or ethnic group, and sometimes against the state.

Keywords: fundamentalism, extremism, Sunnis, Shiites, Ahmadiyya Quranists, Nigeria.

CRIMINALITY AND ADDICTION

2023-09-18T10:33:15+02:00

Purpose: One of the features of modern criminal law is undoubtedly the fact that the perpetrators of various crimes, mostly against life, body, and property, are persons who are addicted to alcohol or psychoactive substances. The problem of criminality and addiction does not lose its topicality from year to year, but, on the contrary, increasingly attracts the attention of various scientific disciplines, aiming to find an adequate solution to eliminate the cause of illegal behavior - addiction. Therefore, the author points to this consistent problem in modern criminal law, with an analysis of criminal law provisions in this area in the law of the Republic of Serbia, as well as judicial practice. Special attention was given to international standards in this area and the way in which this problem is solved in comparative law, and the practice of the so-called “therapeutic courts” in predominantly Anglo-Saxon criminal justice systems where the solution is found in less formal procedures with the application of non-custodial sanctions and measures and in a multidisciplinary approach. The aim of the paper is to point out the importance of this universal problem in modern criminal law, and that the existing domestic legal solutions and court practice in the case of criminal acts committed due to alcohol or drug addiction can undoubtedly be enriched and improved with a modern judicial concept, which does not prioritize punishment but the application of various alternative measures with the primary goal of rehabilitating the offender.

Design/Methods/Approach: The subject of the paper implies the application of the methods of formal logic, system analysis, the comparative method, as well as the normative method.

Findings: De lege ferenda solutions for criminal acts committed due to alcohol or drug abuse in accordance with international standards and modern comparative practice in this area.

Originality/Value: This paper will contribute to the elaboration of this problem from the criminal law and criminological aspects and improve the practice of courts, prosecutors, lawyers, and the police in this area.

Keywords: criminality - alcohol addiction - drug addiction - non-custodial sanctions and measures - therapeutic justice - drug courts

About the author

Olga Tešović, PhD (obtained at Faculty of Law, University of Belgrade, in 2018), has the acquired scientific title of research fellow and currently is the President of the Basic Court in Požega and Criminal Department Judge. She is a lecturer at the Judicial Academy in Belgrade in the area of alternative criminal sanctions and probation and she has been engaged in scientific research and donor projects in the justice sector, both at the national and international level. She has published a large number of scientific works in the field of criminal law, and successfully participated in various international scientific thematic gatherings, and regional and national scientific conferences.

JUVENILE PERPETRATORS AND THE (IN)ABILITY TO BE AWARE OF OWN RESPONSIBILITY

2023-09-29T12:12:36+02:00

Purpose

Recently, there has been talk at the national level about lowering the limits of criminal responsibility for juvenile offenders. In this way, it tries to increase the responsibility of minors and has a preventive effect on the awareness of minors. Although the possibility of lowering the age of criminal liability at the national level was considered, it seems that such a procedure would be met with numerous criticisms at the international level. The goal of our research was to consider the possibility of changing the criminal legislation in terms of lowering the age limit of criminal responsibility in relation to international standards and giving recommendations for the further development of standards in the area of juvenile delinquency prevention.

Design/Methods/Approach

In this paper, we start from the assumption that it will not be possible without changing the approach at the international level, although we don’t reject the position that the age of criminal responsibility of minors should be lower, but not below 12 years of age when it comes to some particularly serious crimes such as which is e.g. murder or grievous bodily harm. In the first part of the paper, we first point out the solutions prescribed by the national legislation of the Republic of Serbia, with reference to the views of the relevant authors regarding the criminal (ir)responsibility of children. The second part contains a brief review of the treatment of juvenile offenders in different historical periods, as well as an analysis of international standards regarding the lower age of criminal responsibility. In the third part of the paper, solutions from comparative legislation are presented with reference to the recommendations of the UN Committee of the Rights of the Child, as well as the Manual for the Implementation of the United Nations Convention of the Rights of the Child, in which its provisions and the views of the said Committee are further explained. That is why three methods were used during the analysis: dogmatic-legal, comparative law and content analysis.

Findings

Based on the conducted comparative legal analysis, the conclusion is reached that there is a tendency to raise the lower limit of criminal liability. Any lowering of the limits of criminal responsibility at the national level, even for serious crimes, could be considered a violation of the provisions of the Convention on the Rights of the Child. We believe that this could have a negative impact on the process of European integration, given that the European Commission’s special focus is on the rule of law.

Originality/Value

Instead of lowering the limit of criminal responsibility, a number of preventive measures should be applied at the national level towards minors. Such an approach would require increased attention and continuous monitoring of children’s antisocial behavior both at the level of the family and at the level of the educational institution, and of course, in accordance with the needs, to intervene with adequate measures.

Keywords: age of criminal responsibility, prevention, minors

S.N. TREGUBOV - AN OUTSTANDING RUSSIAN-SERBIAN CRIMINALIST

2023-09-05T10:15:21+02:00

Purpose

The paper considers the study and rationale of close historical (genetic) link between Russian and Serbian criminalistics as in the case of S.N. Tregubov’s work on development of criminalistics (criminal technique) and teaching criminalistics in Russia (before1920) and after his emigration to Serbia.

Design/Methods/Approach

In this study historical-genetic (historical-descriptive), comparative-historical, historical-typological and biographical methods are used.

Findings

Professor S.N. Tregubov, a supporter of A. Reiss's ideas, stood at the origins of criminalistics (criminal technique) in Russia since 1910. He taught at the Alexander Military Law Academy and the Imperial School of Law as well. After his emigration to the Kingdom of Serbs, Croats, and Slovenes in 1920, S.N. Tregubov worked as a professor of criminal technique at the Criminalistics Institute of the Faculty of Law in Belgrade, taught criminal technique to Serbian law enforcement personnel, and took part in international forensic congresses. In 1912 S.N. Tregubov published A. Reiss's course of lectures, in 1915 he published "Fundamentals of Criminal Techniques, Scientific and Technical Methods of Crime Investigation: Practical Guide for the Judiciary", in 1930 he published the first textbook on criminal technique in Serbian, in 1935 he published, together with A. Andonovich, a Russian practical guide to criminal technique in Serbian language. Continuity in the content of the Russian (1915) and Serbian (1935) editions of manuals on criminal technique was established.

Originality/Value

The study of life and work of S.N. Tregubov in Russia and Serbia contributes to the knowledge of the patterns and features of formation and developing criminalistics in Serbia, validates its close connection with Russian criminalistics, explains propagation and further development of the ideas of A. Reiss in Russia and Serbia.

About the author

Alexey Sokol, MSc, he is the author of 5 scientific papers. Currently he is a PhD candidate at Kuban State University, Russia. Fields of scientific research: criminalistics, history of criminalistics.

MARIJA'S LAW: TEN YEARS LATER – (NON) APPLICATION OF THE LAW AND FUTURE SOLUTIONS

2023-09-19T10:50:50+02:00

The subject of this paper is the Law on Special Measures for the Prevention of Criminal Offenses Against Sexual Freedom against Minors, which came into force in April 2013, known to the public as "Marija’s Law", which prescribes a whole series of special rules of criminal and procedural law, which deviate from the general rules, which is justified by the fact that the victims of the acts covered by the provisions of this Law are children and minors. The paper presents and analyzes the Marija’s Law provisions, especially special measures prescribed by the legislator for the perpetrators of the acts covered by the Law, but also to the conditions for their imposition and their duration. Paper also tries to provide suggestions on what de lege ferenda should be done for better and more effective protection of minors.

ANALYSIS OF DISCIPLINARY OFFENSES AND DISCIPLINARY PUNISHMENT IN THE CLOSED PENITENTIARY IN ZENICA IN THE PERIODFROM 2020 TO 2022

2023-10-13T08:52:58+02:00

Purpose: Contemporary penological principles of rehabilitation emphasize rehabilitation as the goal of serving a sentence. In practice, rehabilitation work is mostly based on one aspect of behavioral therapy, which is conditioning, which means that it is based on punishment and reward. The theory of transaction puts special emphasis on these relations. They are the main method of rehabilitating and socializing efforts and their final aim. Taking this fact as the starting point, we approached the analysis of disciplinary violations and implemented disciplinary measures in the above-mentioned prison in the period between 2020 and 2022. The purpose of the study is to establish what the tendencies are in disciplinary behavior in the aforementioned prison, or, in other words, whether the disciplinary situation is improving or getting worse.

Design/Methods/Approach: The main method we used was the analysis of the Book of Disciplinary Reports. We discuss the relationship between the committed disciplinary offense and the ensuing disciplinary measure, as well as the objections of the inmates to the imposed disciplinary measure and the time of the year when the offense was committed. All these relations were statistically processed in all three years separately and in total, with accompanying correlation relations, trends, t-ratios, and other aspects of descriptive statistics. The total sample is n=771 offenses. There was an average of 810 prisoners serving their sentences in the aforementioned period. Additionally, an opportunity presented itself for comparative analysis with a similar rational for research.

Findings: The frequency of disciplinary violation rates and reports, as well as the severity of the ensuing disciplinary measures, were different at different times of the year, which points toward variable discipline within the prison and can have serious implications for treatment goals, primarily re-socialization.

Originality/Value: The research indicates which types of disciplinary violations are stable and, indirectly, which types of deprivations are actualized through the prism of inmate disciplinary breaches. Additional significant findings include determining the tendencies in the changing frequency of particular disciplinary violations in the course of the observed timespan, determining whether there are critical periods of the year or months during which there is an increase in disciplinary violations, as well as determining the type of conflicts that occur between inmates and inmates and prison staff.

Keywords: prison, inmate, disciplinary violation, disciplinary measure, treatment.

FORMATION OF THE DIRECTORATE FOR ANALYTICS AS A PREREQUISITE FOR THE EFFECTIVE AND EFFICIENT APPLICATION OF THE ILP MODEL IN THE REPUBLIC OF SERBIA

2023-10-23T08:27:04+02:00

Purpose: The aim of this research is to identify, scientifically describe, classify, and partially explain the organizational changes in the organizational structure of the police, which preceded the formation of the Directorate for Analytics in the Police of the Republic of Serbia at the national and regional level, by using scientific and research methods. By conducting theoretical research, the problems of a structural nature have been identified and can be classified as follows: 1) organizational structures; 2) human resources; 3) material resources. The tasks of analytics were institutionalized in 1967, and throughout its long history, they have changed organizational forms, starting with the Department with the establishment of the Directorate for Analytics, which was a part of the then Department of Public Security, i.e., later the General Police Directorate, until September 2009, when it became a part of the Sector for Analytics, Telecommunications, and Information Technologies and changed its organizational form to a Department. In the General Police Directorate, the Service for Criminal Analytics was established together with several individual analytical workplaces under different names, including individual organizational units in the Sectors at the headquarters of the Ministry of Internal Affairs.

Design/Methods/Approach: The research was carried out as a theoretical-empirical one, where the methods of theoretical and empirical research (attitudes and opinions of police officers in the Police of the Republic of Serbia) were used in its realization, that is, general scientific, logical, and empirical methods. In this research, the position that the condition for efficient and effective work in the Police of the Republic of Serbia is the formation of the Directorate for Analytics, which will coordinate police-intelligence work at the central, regional, and local levels, is confirmed theoretically and empirically. In this way, the analytical functions would be unified, which would be performed by the employees assigned to adequately named analytical positions, which would contribute to the creation of better-quality analytical products (strategic assessment of public security, operational assessments of public security, strategic police plans, police operational plans, profiles of security problems, and profiles of security interesting person/group). Establishing the educational need for a standardized and comprehensive process of training analysts and the establishment of a unique information and communication database would contribute to the improvement of data collection, faster search, and availability of operational data in one place, which would affect the more efficient, effective, and economical performance of police work and tasks.

Findings/Originality/Value: The scientific justification of the research derives from its expected results, which can: 1) contribute to the deepening and expansion of scientifically verified knowledge in the fields of criminal-police, security, and organizational scientific disciplines, 2) indicate the directions, areas, and topics of future scientific research, and 3) enrich the methodological practice of scientific research of the organization and the proactive functioning of the police in modern conditions.

Keywords: Directorate for Analytics, organizational structure, efficiency, effectiveness.

INDICATORS OF ECONOMIC SECURITY IN THE REPUBLIC OF SERBIA

2023-10-13T09:53:09+02:00

Purpose: The paper analyses the indicators of economic security in the Republic of Serbia in the period from 2013 to 2021. The following indicators of economic security of individuals and households were analyzed: inability of households to face unexpected financial expenses and arrears on mortgage or rent payments. In addition, starting from the fact that physical safety affects the level of economic well-being of citizens and citizens’ decisions regarding various forms of economic activity, physical safety indicators: the rate of intentional homicide, and perceived crime, violence, or vandalism were also analyzed. The analysis is complete with macroeconomic indicators of economic and social development (GDP per capita, GDP growth rate, number of unemployed, unemployment rate, average salary, foreign exchange reserves, inflation rate measured by the Consumer Price Index (CPI), fiscal surplus/deficit as a percent of GDP, share of public debt in GDP, and foreign trade deficit as a percent of GDP). These indicators should provide a picture of the achieved level of economic development in the Republic of Serbia, which is a prerequisite for the economic security of citizens and also an important element of national security. The purpose of the paper was to examine the level of economic security of citizens in the Republic of Serbia in the observed period and to make a comparison with the member states of the European Union.Design/Methods/Approach: Here in the paper, the Eurostat approach was applied, according to which economic security is considered a dimension of quality of life. In this approach, the measure of economic security is the risk faced by citizens in terms of facing an undesirable economic outcome. The level of that risk is expressed by indicators of economic security and physical safety. The analysis of economic security is based on the EU-SILC survey (the European Union Statistics on Income and Living Conditions survey), which forms part of the statistics on income and living conditions of Eurostat. The analysis of physical safety is based on crime statistics from Eurostat and also on information on the perceptions of the citizens regarding crime, violence, or vandalism in the area where they live.Findings: The analysis showed that in the period 2013–2021, the level of economic security of citizens of the Republic of Serbia increased. The level of physical safety has also increased. In addition, indicators of economic and social development are also at a higher level than in 2013. The difference regarding the ability of households in Serbia and in the EU to face unexpected financial expenses has decreased, while in terms of arrears on mortgages or rent payments, Serbia is in a much more favorable position than the EU average. In addition, physical security indicators are at a lower level than in EU countries, and as of 2019, Serbian citizens perceive a lower level of crime, violence, or vandalism in the areas they live in than EU citizens.

Originality/Value: Here in the paper, qualitative progress has been made in the analysis of economic security in relation to the existing state of art because, so far in the literature, economic security for Serbia has been analyzed on the basis of traditional, macroeconomic indicators of economic and social development such as GDP, rate of unemployment, average earnings, standards of living indicators, etc. Research on economic security in the Republic of Serbia here is directed towards the analysis of individual economic security and is based on indicators developed by Eurostat as well as on an understanding of the broader concept of economic security, which in the Eurostat approach is viewed as a dimension of quality of life.

Keywords: economic security, physical safety, SILC, crime statistics, Republic of Serbia.

POLICE PROFESSION NOWADAYS

2023-09-18T10:39:40+02:00

Purpose: Due to the technology development modern society is more than ever characterized by variability and evolution. Police is one of the primary social institution that is charge of crime prevention, crime control, and public safety. According, in the police profession occur changes, as requirements of society changes. Purpose of the paper is to provide unique insights into the police profession in nowadays world, as well as the challenges and the future of police profession.

Design/Methods/Approach: The paper will primarily review and analyze literature, both domestic and foreign. Application of the content analysis method will provide information about police profession in contemporary society.

Findings: The author will point out the changes in modern society that challenges and influences on police profession. Contemporary society requires changes in professional skills, professional ethics, as well as professional education and training. Innovations, smart policing and community-policing are some of the current trends of policing. The paper provides sufficient information about current characteristics of police profession and its development trends for the coming time.

Originality/Value: The importance of studying police profession is unquestionable. This paper provides information about the course of police profession development, its role and limitations in modern society. The research community and police, both benefited from the information provided in this paper. The findings may enhance police profession development, its efficiency in dealing with modern forms of crime and appreciation of the police profession in modern society.

MISUSING THE FIGHT AGAINST TERRORISM – THE ANALOGY BETWEEN THE “WITCH-HUNT” AND THE “GLOBAL WAR ON TERROR”

2023-10-26T08:49:16+02:00

Purpose

The purpose of this paper is related to the analogy between modern terrorism, with special reference to foreign terrorist fighters as a form of criminality, and “witch hunt” which as a social phenomenon shaped European medieval and even modern history.

Design/Methods/Approach

The research approach in this paper included a few different techniques from literature review to analysis of documents and official announcements. The paper highlights the main features and key controversies related to modern terrorism, but it also presents certain trends of contemporary terrorism and interprets it through the prism of the “witch hunt” to highlight the common traits of these two phenomena.

Findings

By exploring the analogy between modern terrorism and „witch-hunt“, this paper shed light on the complex interplay between modern terrorism and political power. Findings revealed strong likelihood of misuse in the fight against this contemporary crime, which primarily refers to the possible violations of the human rights of persons accused of crimes related to terrorism.

Originality/Value

In addition to the distinct conceptual vagueness and great fear that these phenomena cause, five key common characteristics are identified.

Keywords: “witch-hunt”, contemporary crime, terrorism, foreign terrorist fighters

MECHANISMS OF PSYCHOSOCIAL PROTECTION AND SUPPORT TO PROTECTED PERSONS IN THE PROTECTION PROGRAM WITH REFERENCE TO FAMILY AND CHILDREN AS CLOSE PERSONS OF PROTECTED PERSONS

2023-10-20T08:46:46+02:00

Purpose: One of the basic means of evidence in criminal proceedings, in addition to material evidence, is the testimony of witnesses. A protected witness (protected person) is a person who has received the status of a witness in a criminal proceeding by a court decision and whose life, health, property, and those close to them are at risk, and therefore enter the Protection Program. The protection program is one of the newer ways of supporting and helping protected persons within the framework of out-of-process protection. In addition to physical protection, it is necessary to provide the protected person in the Program with adequate psychosocial, economic, and legal assistance. This paper will discuss the psychosocial mechanisms of support and protection for protected persons and children as close persons. Also, a summary of the comparative legislation of the family in the protection program in South Africa and the Republic of Italy will be presented.

Design/Methods: Coordinates in which this work will move: Is the current psychological support for witnesses in the Program adequate? Does our Law on the Protection Program contain sufficiently elaborated provisions on psychosocial protection? Are efforts necessary to improve the current situation in practice and through positive legislation? What is necessary to do for the feeling of trust of the protected persons towards the police and judicial authorities? Does this target group live in a world of trauma? How to treat children as relatives of protected persons? The paper will use historical method, analysis method, comparative method, philosophical method, and modeling method.

Results: The goal of this work is the basic strengthening of the psychosocial system, which will result in more efficient processing of cases in the criminal justice system. In addition, the purpose is for the psychosocial approach to be a model for psychological support for protected persons in the Protection Program (witnesses and victims) in general, but also for those who have experienced extreme stress, then to manage to preserve their mental health completely, or at least to a sufficient extent, and in this connection, prevent their traumatization before, during, and after the end of the criminal proceedings. In this work, a review will also be made of children who have a greater chance of manifesting disorders (transgenerational transmission of trauma) that are connected to increased stress due to the role of their parents in the Protection Program.

Value: This work will provide a good starting point for future research because the topic is current in our country, at the global level, and, to an enormous extent, unexplored.

Keywords: Protection Program, vulnerable person, victim, psychosocial mechanisms and support, family, children as close persons.

ROAD TRAFFIC SAFETY INDICATOR TRENDS IN SERBIA AND EUROPE

2023-10-26T08:47:15+02:00

Purpose

Purpose of this paper is to determine the trends of various road safety indicators in order to identify the position of the Republic of Serbia in relation to other countries. Especially bearing in mind that in the next strategic period, Serbia is planned to be among the 10 best performing countries in Europe.

Design/Methods/Approach

Data for the analysis were collected from the national database on traffic accidents for the Republic of Serbia, and from the annual road traffic safety reports based on the database on road traffic accidents for the European Union (CARE) and the International Road Safety Database (IRTAD). Trends were established using statistical analysis and benchmarking techniques were used for comparison.

Findings

Serbia is increasingly lagging behind the best performed EU countries.

Originality/Value

The paper is original, and its value is reflected in the assessment of Serbia's progress in improving road traffic safety, as well as in finding countries from which to learn how to successfully manage road traffic safety in the long term.

INTERNATIONAL LEGAL REGULATION AND PROSECUTION OF CRIMES OF AGGRESSION

2023-10-03T10:11:32+02:00

Purpose

In the contemporary fragile international geopolitical environment, there is a tendency to constantly question the international legal meaning of aggression as a “leadership crime” against international peace. In this regard, the paper discusses the progressive development of the rule on the prohibition of aggression in international public law and its incrimination under international criminal law.

Design/Methods/Approach

The work is conceptually designed to follow the evolution of the legal regulation of aggression. Considering the various forms of manifestation of this criminal act, its meaning was examined by determining the content of the definitions accepted in international public and international criminal law through the use of legal-historical, comparative and teleological methods.

Findings

The subject paper finds that the international legal determination of aggression after the Second World War was a long and arduous task with unpredictable consequences. The previous solutions were not satisfactory, which is why the work on defining aggression lasted until 1974, when the UN General Assembly adopted Resolution 3314, on the definition of aggression. This definition of aggression was the model for determining the definition of aggression in international criminal law that allows the International Criminal Court to prosecute individuals responsible for this crime against peace.

Originality/Value

The value of this scientific work derives from the historical and comparative legal analysis of the most important international legal acts that determine the meaning of aggression in international and international criminal law. In contrast to the international legal definition of aggression, which concerns the establishment of a peremptory rule, i.e. prohibition of violations of ius ad bellum, the criminal law definition of aggression refers to determining the legal responsibility of individuals. Taking into account these differences, the author also pointed to the demarcation of competences between the UN Security Council and the International Criminal Court.

STOCHASTIC MODELING OF THE NETWORK INTRUSION DETECTION THRESHOLD

2023-11-03T11:26:32+01:00

Purpose: The aim of this paper is to present a new approach to creating a successful system for detecting intrusions on computer networks based on stochastic modeling.

Design/Methods/Approach: In this research, we propose a novel intrusion detection system modeled with General Split-BREAK (GSB) process. Firstly, theoretical assumptions and analysis of intrusion detection system (IDS) are described, followed by a description of the stochastic model of IDS using the General Split-BREAK (GSB) process. In the proposed model, a statistical estimation of the detection threshold is obtained. Finally, the numerical simulation and analysis of the intrusion detection performance of the proposed model are discussed.

Findings: The results of the presented research clearly state that using stochastically obtained thresholds in the IDS improves their efficiency in the sense that the total number of undetected or false intrusion detections is reduced.

Originality/Value: In this paper, we present a novel, stochastic-based model of IDS where the General Split-BREAK (GSB) process is utilized. It was shown that this model can improve the efficiency of IDS, therefore initiating its practical software implementation.

Keywords: stochastic modeling, IDS, General Split-BREAK process, false detection.

THE CAUSES OF THE EMERGENCE OF FAILED STATES

2023-09-28T10:12:21+02:00

Purpose: The paper starts with the genesis of the emergence of failed states in the period after the Cold War, which resulted in their weakening and transformation. One of the biggest challenges for the state is the threat of sovereignty as its most faithful guardian since the Treaty of Westphalia in 1648. Sovereignty will no longer be an inviolable guarantee for states, especially smaller and weaker ones, to rule over their territory and population. Namely, great powers and alliances will very often violate the principle of non-intervention from the UN Charter through unilateral military interventions against sovereign states, while the academic circles that support this will seek justification through an alternative to national sovereignty. In light of these changes, a new categorization of states will appear, where their strength is determined according to qualitative characteristics and not according to traditional quantitative ones (by size, population, military power, and GDP).

Design/Methods/Approach: Basic and general scientific methods will be used in the paper for the purposes of conducting research. Of the basic scientific methods, analysis, induction, and generalization will be used the most. The upcoming research will be based on the basic principles and postulates of the axiological theoretical-methodological direction in the methodology of the social sciences.

Findings: The aim of the paper is to shed light on the causes of the emergence of failed states after the Cold War, as well as to look at the relationship of the international community towards failed states.

Originality/Value: Through the importance of the work, it will be seen how much the international community embodied in the United Nations Organization, major powers, and regional organizations has the capabilities, mechanisms, and motives to prevent the emergence of failed states as well as to provide support to states facing serious internal problems.

Keywords: security, great powers, failed state, international community, Cold War, sovereignty.

ONE APPLICATION OF ANALYTICAL HIERARCHICAL PROCESS IN FORENSICS AS A METHOD FOR RISK ASSESSMENT

2023-10-25T10:08:28+02:00

Purpose: he goal of this paper is to confirm the interaction of the application of system analysis and risk management methods with forensic engineering. System analysis and risk assessment methods represent the basis for building a fire protection system; one of those events is discussed in this paper. This is the basis for considering the scope of consequences from the forensic point of view, as shown in the form of air pollution that occurs on that occasion.

Design/Methods/Approach: In this paper, the Analytical Hierarchy Process (AHP) method is chosen as a method of multi-criteria analysis for the purpose of group or individual decision-making. The method was applied for the purpose of identification from the perspective of forensic engineering and assessment of the effect of polluting substances. The assessment of the concentration of polluting substances was carried out on the basis of data from the National Network of Automatic Stations for Air Quality Monitoring in Belgrade.

Findings: In the paper, it was confirmed that forensics and systemic risk analysis are connected. It was done by using the example of the consequences of the fire in the Chinese shopping center in New Belgrade on August 12, 2021. The AHP method was applied to data related to the conception of air pollutants. The chosen locations where pollution was considered are Omladinskih brigada, Vračar, Zeleno brdo, and Vinča. It was confirmed that there was a correlation between the location of the fire and the concentration of the air pollutants, as well as contribution to the event analysis from a forensic point of view.

Originality/Value: With respect to general trends in the application of system analysis and forensic engineering, an attempt has been made to show correlations between these two approaches. In consideration of one specific case of a fire accident, it was shown that the results of systematic analysis are aligned with the forensic point of view. The surveys were carried out regarding measured data on air quality measurements at chosen stations in Belgrade.

Keywords: forensics, risk, system analysis, AHP method, fire, air pollutant.

THE INFLUENCE OF TIME ON OXIDATION PROCESS OF FLUORESCEIN-CHITOSAN POWDER CONJUGATES USED TO DEVELOP LATENT FINGERPRINTS ON DIFFERENT SUBSTRATES

2023-10-30T10:30:14+01:00

Purpose

The application of fluorescent powders is of great significance for development of latent fingerprints on some unconventional substrates, such as firearms, skin, multicolored surfaces, etc. Therefore, researchers are constantly improving these formulations in order to increase their sensitivity and obtain adequate contrast.

Design/Methods/Approach

This paper deals with chitosan-based powder systems conjugated with fluorescein (FL) and crosslinked with sodium-tripolyphosphate (Na-TPP), obtained by simple ionotropic gelation process. Prepared powders were used to visualize latent fingerprints deposited onto non-porous (glass), semi-porous (varnish paper) and porous (wood) surfaces, with the aim to enhance the quality of developed fingerprints by fluorescence assisted by ultraviolet (UV) light. The effect of time on oxidation of fluorescein in the conjugates used to develop traces was also investigated in order to determine whether the color change appears, as well as whether it affects the quality of the visualized fingerprints over time.

Findings

Fourier-transform infrared spectroscopy (FT-IR) analyses confirmed interactions between components of the system and the formation of conjugates. Optical microscopy indicated that prepared powders show uniformity in shape and size, supporting binding to the sweat and lipid fingerprint residues.

Originality/Value

Prepared powder showed good fluorescence under UV light and satisfying development of latent fingerprints deposited onto different substrates. The results indicated that prepared bio-based powder system could complement some of the routinely used (fluorescent) systems, particularly due to relatively low price and non-toxic (eco-friendly) properties.

IS THE THREAT POSED BY AIR WEAPONS UNDERRATED? – ANALYSIS OF THE IMPACT OF A PROJECTILE FIRED FROM AN AIR RIFLE ON A SANDY SUBSTRATE

2023-09-11T09:09:28+02:00

Purpose: The current Law on Arms and Ammunition (“Official Gazette of the RS”, nos. 20/2015, 10/2019, 20/2020, and 14/2022) allows the free acquisition of air weapons by persons over 18 years of age and even possession without any report to the competent authorities. With this paper, we want to point out that, although less dangerous than firearms, air weapons are also unsafe and should not be available to anyone with the sole requirement of having an ID.

Design/Methods/Approach: For the research described in this paper, optical methods for analyzing the impact of a projectile on a surface fired from an air rifle were applied. First, the shooting was monitored by a high-speed camera. Afterwards, the obtained recordings were analysed using the image analysis method ImageJ.

Findings: The impacts on the ground - sand during shooting from two different angles were observed. An air rifle, Steyer LG 110, 4.5 mm, with a projectile speed of 100 m/s, was used. It was observed that despite the fact that the applied kinetic energy is less than 10 J, penetration is evident, as is the power of deformation, i.e., the destruction of the substrate.

Originality/Value: In the direction of the discussion of the obtained results, measurements related to the dimensions of the projectile penetration trace, penetration depth, and surface deformation will be presented. In accordance with current events in the world, especially in Serbia, it is very important to take into account all the dangers that different types of weapons bring. The presented research is based on a real simulation of events and analyzed using a scientific approach.

Keywords: air weapons, projectile impact, security, high-speed camera.

INNOVATIVE AND MULTIDISCIPLINARY APPROACHES IN DETECTING BIOLOGICAL AGENTS USING CONTEMPORARY TECHNOLOGIES

2023-10-01T23:11:13+02:00

Purpose: Biological agents, such as bacteria, viruses, fungi and toxins, pose a significant threat to public health, so the timely and accurate detection of these agents is essential for effective response and mitigation. The traditional methods for detection are usually time-consuming, enable to detect unknown or emerging pathogens, typically require skilled personnel, and suffer from inherent limitations such as limited sensitivity, and low specificity.

Design/Methods/Approach: The systematic literature review and content analysis methods were applied along with comparative assessment and secondary data analysis.

Findings: The implementation of contemporary technologies has significantly increase sensitivity, specificity, speed, portability, and generally improved traditional methods for detection of biological agents. Portable and real-time monitoring capabilities were achieved through innovative approaches like biosensors, which use bioreceptors and nanotechnology. Genomic sequencing enables fast identification and characterization of different biological agents, including unknown and emerging pathogens. Machine learning-based algorithms are used to analyze large datasets, identify patterns and rapidly classify and identify new agents with high accuracy. Finally, multidisciplinary approaches that combine knowledge and techniques from different disciplines display encouraging possibilities to transform the landscape of biological warfare, optimize early detection of bioagents, reduce response times, and improve decision-making processes.

Originality/Value: Overall, the originality and value of this paper lie in its integrating and systematic approach to methods and techniques from diverse disciplines into a comprehensive, comparative and multidimensional study of contemporary technologies used for detection of biological agents.