Criminal attitudes and values are important factors that affect deviant and criminal behaviour. When such values, beliefs and opinions support criminal behaviour, they are criminal attitudes. In this context, criminal attitudes are considered to be one of the four factors (besides friends, family, and antisocial personality) that increase the risk of recidivism. Young offenders often have a negative attitude towards the law and use neutralization techniques to avoid the criminal responsibility, In relation to the question: how the criminal attitudes and values are acquired, learned or recognized, within the criminology literature we can met several ways: through the techniques of neutralisation or rationalization of deviant behaviour, through identification with other offenders; and by rejecting the conventional norms. This paper examines the criminal attitudes of the young inmates placed in correctional facility located in Ohrid, North Macedonia. The analysis is based on qualitative data collected by using in depth interview with young inmates to capture their attitudes and experiences in relation to their criminal attitudes. The collected data was divided into three categories and several subcategories: (1) neutralization techniques: rejecting responsibility, rationalizing certain behaviours and condemning others, (2) rejecting conventional norms: a critique of the system and the law and (3) identification with perpetrators and acceptance of the criminal views from the peers.
CHINA’S COUNTERTERRORISM LAW: A NEW PEOPLE’S WAR AGAINST TERRORISM
Yongtao Li,
Alan Beckley
pp: 27-42
Most developed countries in the world, of various political or religious persuasion, are suffering from violent, militaristic attacks against the state and innocent citizens, especially since the conflagration in Iraq and Syria in 2014. To maintain the sanctity and security of their State and progress towards further beneficial socio-economic development, States
are increasingly required to devote financial, human and military resources into counterterrorism measures. This paper examines the legislative changes to enhance contingencies for counterterrorism introduced by the People’s Republic of China in 2016, and responds to western world criticisms of the provisions of the measures. The new law is analyzed in detailed and then set against similar legislation in western countries to compare the scope and ethos of relevant statutes and regimes. The actual provisions of the legislation appear to be in a “like-for-like” format although differences in political and societal context should be factored in to establish the eventual outcomes of the legislative objectives.
LEGAL PROTECTION OF VALUES, RIGHTS AND OBLIGATIONS ESTABLISHED BY THE ECOLOGY (ENVIRONMENTAL) LAW, WITH SPECIAL EMPHASIS ON MISDEMEANOR NORMS
Vladan Joldžić,
pp: 43-56
This paper observes the Ecology (Environmental) Law as the scientific and, at the same time, practical discipline, which also requires its adequate guaranties within the provisions of penal law. The author of this paper discusses principally those of criminal guarantees, which are considered the most numerous, explaining the matter with the examples from the legislation the Republic of Serbia, but also highlighting the legislative solutions of other states, as well as scientific and research papers analyzing the same topic in the context of other countries and legal systems.
BASIC RULES OF APPLYING THE PRINCIPLE OF EQUALITY OF ARMS IN THE MISDEMEANOUR PROCEDURE OF THE REPUBLIC OF SERBIA
Mladen Jeličić,
pp: 57-72
The author discusses the principle of equality of arms in the misdemeanour procedure of the Republic of Serbia. Following the introductory remarks, the basic characteristics of the misdemeanour procedure are indicated. The subject matter of the analysis is the case law of the European Court of Human Rights, which establishes this principle as the basic principle of fair trial. The author emphasizes the importance of the proper management of the misdemeanour procedure by the court by linking the principle under consideration with the principle of the party which requires legal assistance. The relationship between the said principle and the defendant’s right to a defence, has been analysed. The subject of interest of
the author is also a specific institute - a decision without hearing the defendant. The author concludes that the application of the principle of equality of arms in the practice of misdemeanour courts must be grounded in normative frameworks and that this principle must be the guiding principle that obliges the court to resolve any doubts in the interpretation and application of law, bearing in mind the imperative of a fair misdemeanour procedure.
SMUGGLING OF GOODS AS A FELONY IN REPUBLIC OF SERBIA: THE HISTORICAL ASPECTS
Branko Leštanin,
pp: 73-87
The author starts with the thesis that smuggling is part of the shadow economy phenomenon. The emergence and development of smuggling is linked with the emergence of borders between states, which created the conditions for establishing an administrative control over the movement of goods. Harmonization of the legal framework leads to frequent changes in the positive legislation of the Republic of Serbia, which results in huge changes in the field of crime suppression (especially economic and financial). The rich legal tradition and legal heritage must not be overlooked in the process of legal harmonization. The aim of the research is to answer the questions when smuggling emerged as a social but first and foremost criminal law phenomenon, its development in criminal law in the Serbian state throughout history and whether certain lessons can be drawn from our rich legal tradition. The first part of the article analyzes the literature and sources of law in Serbia in the middle Ages, where Dušan’s Code is the main source of criminal law and law. The second part explores criminal sources in Serbia in the 19th century after liberation from the occupation of the Turkish Empire. The third part examines the criminal-legal framework in Serbia of the 20th century, in which the communist social political system prevailed. The last part of the article analyzes the positive legislation of Serbia.
THE EFFICIENCY OF FAITH BASED PRISON IN HUNGARY
Miklós Tihanyi,
pp: 89-99
The purpose of this paper is to introduce the effects and results of religious education in the correctional facilities in Hungary. The operation of the Prison Chaplaincy as well as the changes in the inmates’ value systems are the two key topics this research focuses on. The author carried out on-site observations and conducted interviews with prison chaplains in four facilities. Additionally, he compiled data by using questionnaires – Shalom Schwartz’s value scale – to assess nearly 100 inmates participating in religious education activities and other nearly 100 non-participating inmates. In addition to these two groups, the author used the same questionnaire to assess a nearly 100-member civilian congregation as a control group. It can be concluded that religious education may have an impact on their value systems and it is also capable of shifting them from the world of crime towards that of religion. Values emphasizing individual responsibility and community interest can become underlined and more accentuated. These effects show no correlation with the crimes committed. At the same time, the intensity of religious education is of relevant and decisive nature.
INFLUENCE OF EU ACCESSION PROCES ON ENFORCEMENT OF CRIMINAL SANCTIONS: ALTERNATIVE SANCTIONS IN SERBIA
Marina Matić Bošković,
pp: 101-114
Non-custodial measures are recognized in international instruments as useful tool for promotion of social reintegration and solution for reduction of prison overcrowding. Author provided overview of policy instruments that Serbia adopted over last ten years in order to modernize criminal sanctions and its enforcement. In addition, Serbia took obligation to take
measures and promote implementation of alternative sanctions and increase capacities of probation services. The aim of the article is to examine possibilities for strengthening role of Commissioner Service in Serbia based on comparative experience and practice. Effectiveness of engagement of volunteers in Probation Services is widely recognized in some EU countries, however introduction of such solution should be carefully assessed and prepared in Serbia to ensure quality of services, oversight and control. The article is based on desk analysis of comparative legislations on probation services, competences and obligation of probation officers. One of the key functions of probation services is advisory role in pre-trial or pre-sentence phase of criminal procedure. Although, Serbian probation officers (commissioners) do not have competence to provide pre-trial advices, the article presents advantages and relevance of involvement of probation officers from the beginning of criminal procedure.
IKARUSZ THE NEW MODEL, WHICH IS ABLE TO HANDLE THE HUNGARIAN PHENOMENON OF PROSTITUTION
István Kovács,
pp: 115-138
According to estimates, thousands of women and children in Hungary regularly become victims of sexual exploitation and prostitution year by year.Today, in Hungary, the practice of prostitution and its regulation are contrary to international law. This study - that provides a
comprehensive overview of this problem based on material already published, which has been collected, analyzed and discussed in my dissertation - shows that there are solutions. One of my objectives aiming at resolving the above problem is to create a new regulatory model and a related institutionalized network system that will be suitable to attempt to eliminate the problems stemming from the current situation. Mapping up – with the combined use of qualitative and quantitative techniques, for example interviewing and making McNemar tests -, analysing – with SWOT - and assessing the components of the common system of relations between prostitution and the culture of police measures helped me to make the new model and regulation.
STRATEGY AND CONCEPT ON URBAN CRIME PREVENTION
Ljupcho Shosholovski,
Zoran Jovanovski
pp: 139-149
For running a successful crime prevention program it is especially important to have a multidisciplinary approach and involvement of different stakeholders of society in crime prevention. Adopting the strategy, as well as (short and long term) programs of crime prevention at the local level is the first step that the local government needs to undertake. These documents should be in line with the national strategy for crime prevention and international norms. They represent the framework for defining the objectives that the local government wants to achieve, indicators of crime and deviant behaviour at the local level, the sectors that will be involved in prevention and their role. Good management and leadership in coordinating body (local government council for crime prevention) composed of representatives of various entities, assessment and evaluation of the measures and activities undertaken for a certain period, and rewarding based on the results achieved, represent activities which should be seen as a cycle. the crime prevention council at the local level all relevant stakeholders that can contribute to more effective crime prevention should take part, including police, health care, educational institutions, judiciary, NGOs, religious groups, business sector, etc. Through cross sectoral approach, the council should reduce the overlapping of competencies in specific activities and programs that would consequentially direct human and material resources to crime prevention, but also unify the individual actions of „heterogeneous” subjects in homogeneous team that would be capable to cope with challenges.
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CONCLUSIONS ANNUAL CONFERENCE OF THE SERBIAN ASSOCIATION OF CRIMINAL LAW THEORY AND PRACTICE HELD ON ZLATIBOR (SEPTEMBER 19-21st 2019)
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