With no intention to present the importance of music for our lives and for the culture, lesser than it truly has, authors are testing the role of music as a potential factor in etiology of crime. More specifically, they are trying to question whether the music lyrics whose content indicates acceptability of actions that are usually not acceptable, moreover that are criminal, might have an influence on individual so that person perpetrates criminal offence. After brief overview of criminological theories that correlate music and crime, authors will present qualitative study on lyrics of one of the most famous rap duos in Bosnia and Herzegovina, with the analysis of the text, and results of survey conducted among student population of Bosnia and Herzegovina, regarding the general and personal influence of the duo's music.
REGULATION OF REPRODUCTIVE CLONING AND INHERITABLE GENETIC MODIFICATIONS ON HUMANS - PERILS AND DEFICIENCIES
Anđela Đukanović, PhD,
pp: 23-43
Harms arising from reproductive cloning or inheritable genetic modifications, for the time being, seem significant. This is supported by the simple fact that the first cloned monkeys were short-lived or by the fact that inheritable genetic modifications still carry a high chance of getting “off-target” results, which could result in serious health problems. Inheritable genetic modifications, in particular, have a high therapeutic potential, and it is suggested that this technology’s comprehension is shifting from an absolute ban, to concerns over safety issues. International law can prove to be facilitative when it comes to deciding which new technology should be prohibited, restricted or allowed, having in mind possible consequences and the so-called phenomenon of reproductive tourism. Legally binding regulation of both technologies has proven challenging at the universal level. However, there has been some progress in Europe on that matter. Harms arising from inheritable genetic modifications seem even higher than in the case of reproductive cloning, since they have the potential to affect the whole of humanity, including future generations. The Criminal Code of Serbia and the Constitution of the Republic of Serbia prohibit reproductive cloning. However, the prohibition of inheritable genetic modifications on humans is not regulated explicitly in the Criminal Code of Serbia, making this technology seem more acceptable or less harmful.
INTERNATIONAL LAW STANDARDS REGARDING SUBSTANTIVE PETTY OFFENCES LAW
Maciej Iwański,
pp: 45-66
This article attempts to identify and analyse, in the light of the provisions of the acts of international law, the following issues belonging to the substantive part of the law on petty offences: the general problem of criminalization in petty offenses law and; the question of the criminal nature of the law of petty offenses, and thus the application of individual provisions to it and the resulting guarantees appropriate to that law; the application of the principle of guilt on the basis of the analysed regulations as a premise for assigning liability; the principle of ne bis in idem; the principle of nullum crimen nulla poena sine lege, especially in so far as it derives from the principle of lex mitior retro agit.
THE ALTERNATIVE SANCTIONS SYSTEMS IN SERBIA AND THE NETHERLANDS: COMPARATIVE ANALYSIS WITH EXAMPLES FROM CASE LAW
Olga Tešović,
Lieneke de Klerk
pp: 67-94
Alternative sanctions are a deviation from the traditional system of imprisonment and their advantage certainly lies in a more humane and less repressive treatment of convicted persons. Alternative sanctions need to be present in the criminal sanctions system of every country in order to make this system more effective, primarily having in mind the goals of special prevention. This paper aims to present the alternative sanctions systems in Serbia and the Netherlands, respectively, with reference to case law examples, as well as to perform a comparative analysis of the two systems and indicate their advantages and disadvantages, as well as methods of their improvement.
THE EROSION OF THE SALDUZ DOCTRINE IN THE CASES OF IBRAHIM AND OTHERS V. THE UNITED KINGDOM AND BEUZE V. BELGIUM
Faruk H. Avdić,
pp: 95-122
The so-called Salduz doctrine that concerns the right to a fair trial and the right to the defense attorney emerged from the case of Salduz v. Turkey, decided on the part of the European Court of Human Rights where the Grand Chamber found the violation of Article 6, paragraph 3(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms. In this connection, the aim of this paper is twofold. In the first place, the paper aims to demonstrate how the European Court of Human Rights has overturned the two main tenents of the so-called Salduz doctrine derived from its landmark case of Salduz v. Turkey in its later Judgments delivered in the case of Ibrahim and Others v. the United Kingdom and the case of Beuze v. Belgium. The two tenets derived from the Salduz doctrine being examined in the paper are the right to access to the defense attorney as a rule during pre-trial proceedings and the absolute exclusionary rule. In the second place, the paper aims to offer a critique of the standard of compelling reasons employed in the Ibrahim Judgment. In order to achieve its aim, this paper primarily analyses the jurisprudence of the European Human Court of Human Rights in the cases of Salduz v. Turkey, Ibrahim and Others v. the United Kingdom, and Beuze v. Belgium. Besides, the paper also touches upon other judgments of the European Court of Human Rights related to its subject. The paper in question, therefore, primarily relies on the case-law method in achieving its aims. The paper concludes that in overturning the Salduz doctrine in relation to aspects examined in the paper, the European Court of Human Rights has exacerbated the legal standing of the person against whom criminal proceedings are being conducted.
IMPACT OF MODERN TECHNOLOGIES ON FREE MOVEMENT OF EVIDENCE IN EUROPEAN UNION
Marina Matić Bošković, PhD,
pp: 123-140
According to the estimate of the EU Commission 85 percent of criminal investigations require electronic evidence, while in almost two thirds (65 percent) of the investigations where e-evidence is relevant. Investigation and prosecution of crime increasingly relies on the possibility to have access to data held by service providers, as private company. Modern criminal investigation and use of electronic evidence imposes challenges to the right to fair trial and rule of law standards. The paper identifies benefits and challenges of proposed EU instruments for facilitating e-evidence. The European Commission proposed Regulation of Production Order and Preservation Order with the aim to facilitate access to relevant data stored by service providers. The paper recognizes shortcomings of the proposed Regulation. The biggest challenge is lack of judicial oversight of orders, as a guarantee of fair trial. The paper includes recommendations and policy options for promoting judicial system for cross border access and collection of electronic data in line with EU fundamental rights standards.
E-EVIDENCE OF CYBERCRIMINAL ACTIVITIES AS A NEW LEGAL PHENOMENON (BASED ON THE CRIMINAL PROCEDURE CODE OF THE SOCIALIST REPUBLIC OF VIETNAM, 2005)
Nhu Нan Pham,,
prof. Nikolay Nikolayevich Demidov, PhD
pp: 141-159
Today's modern global society is facing an unexpected situation where cybercrimes are becoming more and more complicated, severely violating social order and security. The Criminal Procedure Code (CrPC) Vietnam 2015 has made important unpredictable amendments and supplements to evidence and evidence institutions, which are important institutions on which procedural bodies base to perform their duties and exercise their powers. Most prominently, the regulation of evidence sources which is electronic data, an entirely new source of evidence, is to respond promptly to crimes using high technology. Within the scope of this article, the author focuses on the new points of the CrPC Vietnam 2015 on the source of evidence that is electronic data in high technology crimes. Further the principles of the evidence act has been explained with amendments in regard to electronic evidence. Finally the safeguards and procedure which needs to be adopted by the Vietnamese judiciary in handling electronic evidences.
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THEORETICAL ASPECTS REGARDING THE INTEGRATION OF SPECIAL INVESTIGATIONS IN THE CRIMINAL PROCESS OF THE REPUBLIC OF MOLDOVA
prof. dr Boris Glavan,
pp: 161-168
The article is devoted to the issue of the interaction of the special investigation activity and the criminal process. The purpose of the paper is to conduct, based on theoretical research, scientific investigations on the integration of special investigations in the criminal process of the Republic of Moldova. The objectives of the paper include the analysis of contradictory theoretical views on the subject, establishing the legal nature of special investigative measures and the legal nature of the results obtained by performing them.
