In this paper, the authors, starting from the established division of mass murders in the criminological literature, analyze the available research results on cases of mass murders, that is, their etiology. Considering that the analysis of all possible factors that can constitute individual criminogenesis would require much more space, in this paper the emphasis is on the biological factors of crime. The authors start from traditional biological understandings in criminology, such as the study of the connection between physical constitution and crime, or the influence of genetic factors, which they complement with more modern approaches, such as the analysis of neurological, endocrinological and other biologically relevant conditions, i.e. abnormalities while simultaneously investigating their influence on the manifestation of aggression in general but also especially in the context of mass murders. The authors expect the work to be the contribution to the better understanding of the etiology of mass murders and generally violent crimes.
SEXUAL HARASSMENT: TABOO TOPIC AT UNIVERSITIES – LEGAL FRAMEWORK IN NORTH MACEDONIA
prof. Ice Ilijevski,
Angelina Stanojoska, Ivona Shushak Lozanovska
pp: 29-45
According to the Istanbul Convention sexual harassment is a form of unwanted verbal, nonverbal, or physical behavior of a sexual nature with the aim or consequence of violating the dignity of a person, especially when an intimidating, hostile, degrading, humiliating, or offensive environment is created. Because of the specificity of the academic environment, the intention is every member of the academic community to be aware that universities should prohibit sexual harassment and sexual violence and that such conduct violates both the law and university policies. The main subject of the paper is the danger of sexual harassment in an academic context. In doing so, the legal frame of sexual harassment in the Republic of North Macedonia is reviewed with special emphasis
on its determination in an academic context. The aim of the paper is to give an overview of the legal framework in North Macedonia regarding sexual harassment, also to conclude whether and which Macedonian public and private universities mention sexual harassment in their legal documents, and to test the knowledge among students about this phenomenon (using a segment of the research “Sexual Harassment at universities in North Macedonia), because recognizing and knowing is the first step in the process of prevention.
ENVIRONMENTAL POLICIES IN SERBIA AND THE VIOLATION OF THE RIGHTS OF THE CHILD
Ana Batrićević,
Ivana Stevanović
pp: 47-63
Several aspects of the rights of the child depend on environment quality and conservation and the breach of environmental provisions may result in the violation of the rights of the child, either through criminal offences against environment, or through long-term application of environmental policies that are harmful for of the rights of the child or do not take into consideration the needs and best interest of the child. The authors analyse normative framework of the Republic of Serbia, including ratified international conventions as well as national legislative and strategic documents, pertinent to both children’s rights and environmental protection. The authors also analyse the data obtained from relevant reports describing current state of both - environmental and children’s rights protection in Serbia. The authors conclude that the rights of the child are not given enough attention in documents regulating environmental protection and sustainable development in the Republic of Serbia, particularly when it comes to children from marginalized groups living in substandard settlements.
SPECIAL MEASURES AND REGISTERS FOR SEX OFFENDERS - NORMATIVE FRAMEWORK IN SERBIA AND COMPARATIVE LEGAL ANALYSIS
Kovačević, Milica, Srnić Nerac Jelena,
pp: 65-85
In recent years the attention of the wide audience and academics has been directed toward sexual offending in general and child sexual abuse. On the one hand, there is a pressing need to protect the youngest and enable the realization of the best interests of the child, and on the other, there is also a need to adequately address the moral panic caused by these brutal crimes against minors. With the aforementioned challenges, it is easy to forget that sex offenders also enjoy human rights that must not be violated, regardless of the importance of the goal that is being pursued. Bearing in mind the above, the article is devoted to the analysis of the Serbian substantive legal framework that defines the application of special measures and the registration of sex offenders, and to the comparison of this framework with the laws in the United Kingdom and France. The aim of the paper is to point out the possibilities for improving current Serbian legislation in order to achieve the most comprehensive protection of children while respecting relevant European standards and maintaining the rule of law.
CRIMINAL OFFENSE OF EMBEZZLEMENT IN THE SERVICE IN THE CRIMINAL LAW OF BOSNIA AND HERZEGOVINA - CRIMINAL LAW AND CRIMINAL PROCEDURE ASPECT (NORM AND CASE LAW)
Marina Simović,
pp: 87-104
U fokusu interesovanja autora je krivično djelo pronevjera u službi koje po svojoj prirodi, načinu operacionalizacije, posljedicama i drugim specifičnostima svrstavamo u katalog koruptivnih krivičnih djela. Također, radi se o krivičnom djelu iz kataloga umišljajnih krivičnih djela, tako da je u radu posvećena dužna pažnja međusobnoj povezanosti i kumulativnoj uslovljenosti objektivnih i subjektivnih elemenata, odnosno radnje izvršenja i subjektivne komponente. Posebna pažnja je usmjerena na otkrivanje postojanja ovog krivičnog djela, odnosno realne otkrivačke mogućnosti i kapacitete, zatim objektivno - subjektivni koncept zasnovan na zakonskom opisu ovog krivičnog djela, te na aspekt prikupljanja potrebnih dokaza u vezi utvrđivanja postojanja krivičnog djela i krivice, s obzirom na restriktivne zakonske uslove. Kompleksnost otkrivanja i dokazivanja ovog krivičnog djela proizilazi iz same prirode ovog krivičnog djela i određenih specifičnosti koje se neposredno odnose na način operacionalizacije ovog krivičnog djela. Naglašena je krivičnopravna autonomnost i samostalnost, te jasna diferencijacija ovog krivičnog djela u odnosu na druga srodna krivična djela, kako bi se izbjegla (eventualna) pogrešna poistovjećivanja, a u cilju boljeg i svestranijeg shvatanja same prirode ovog krivičnog djela.
Ključne riječi: Pronevjera, krivično djelo, otkrivanje, prisvajanje, dokazivanje.
The focus of the authors' interest is the criminal offense of embezzlement in the service, which we classify in the catalog of corrupt criminal offences, by its nature, operationalization method, consequences and other specificities. In addition, it is a criminal offense from the catalog of premeditated criminal offenses, so the paper pays due attention to the interconnection and cumulative conditionality of objective and subjective elements, that is, the action of execution and the subjective component. Special attention is directed to the discovery of the existence of this criminal offense, i.e. the realistic discovery possibilities and capacities, then the objective-subjective concept based on the legal description of this criminal offense, and the aspect of gathering the necessary evidence in connection with establishing the existence of the criminal offense and guilt, considering the restrictive legal requirements. The complexity of discovering and proving this criminal offense arises from the very nature of this criminal offense and certain specificities that are directly related to the way it is operationalized. The criminal law autonomy and independence, as well as the clear differentiation of this criminal offense in relation to other related criminal offences, are emphasized in order to avoid (possible) wrong identifications, and with the aim of a better and more comprehensive understanding of the very nature of this criminal offence.
Media image of corruption in the private sector
Marković, Jana,
pp: 105-120
Corruption has long existed as a all-around social phenomenon characterized by complexity and action that takes place "far from the public eye". Various forms of corrupt activity, regardless of whether they are manifested in the public or private sector, threaten the values of every society. Although originally associated with the state and (its) officials with public powers, there is more and more talk about corporate corruption that manifests itself in the private sector or the area of overlap between the public and private spheres. The author's premise is that the media plays a crucial role in combating corruption through the media discourse that shapes public perception and reality of this issue. The objective is to outline the characteristics of the media portrayal of corruption. The discussion focuses on the media's contribution to fighting corruption and also addresses the obstacles that hinder media coverage, resulting in a distorted representation of corruption.
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ZAKLJUČCI LXII REDOVNOG GODIŠNJEG SAVETOVANJA SRPSKOG UDRUŽENJA ZA KRIVIČNOPRAVNU TEORIJU I PRAKSU
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pp: 121-124
