The article aims to analyze the risks of counterfeiting money. In the first part of the study we are going to analyze the theoretical and practical (statistical) side of counterfeiting money. We will look at the costs of combatting the crime, how fake money can effect the economy, the individual undertakers, and the monetary system. In a statistical standpoint how much financial damage is caused by the Forint and Euro currency counterfeiting in Hungary and in the area of the European Union. The second part of the contribution explores the possible solutions. What kind of legal and non-legal means can be used in combatting counterfeiting money? How effective, proportional and dissuasive is the current Hungarian regulation of the Criminal Code.
EFFICIENCY OF CRIMINAL PROCEEDINGS – BETWEEN EXPECTATIONS AND REALITY
Miodrag N. Simović,
Mile Šikman
pp: 23-42
In the light of current debates on modern criminal proceedings, the question of its efficiency has a special place. This is quite realistic, as the modern criminal procedure is expected to be efficient, i.e., to resolve a criminal matter in an optimal timeframe, in a legal manner. This is not just a matter of public opinion, but also a general one, because citizens rightfully expect efficient criminal justice. In this sense, the legislator makes appropriate solutions (e.g. prescribes criminal procedural standards, introduces new, shortened procedures, approaches to organization of judiciary, and regulates interrelated relations between criminal prosecution subjects, etc.). So the legislator in Bosnia and Herzegovina tried to create conditions for the criminal proceedings to be efficient. A new investigation concept (prosecution investigation) was introduced, new criminal proceedings instruments were introduced (for example, guilty plea agreement, special investigative actions, etc.), specialization of some judicial bodies was carried out in the fight against certain forms of crime (for example, the Special Department for Combating Corruption, Organized and the Most Difficult Forms of Economic Crimes established by the Anti-Corruption Law, Organized and the Most Difficult Forms of Economic Crime in the Republika Srpska), improved mutual relations between criminal proceedings subjects, especially Prosecutor’s Office and Police, etc. The second question is the question of their adequacy and efficiency. Here we face the reality. Not only that the long-term duration of criminal proceedings is inadequate to the criminal reaction, but it also brings into question fundamental rights such as the right to a fair trial within a reasonable time. In addition, criminal proceedings often end with acquitting verdicts, but not because of the established truth, but because such violations of regulations that lead to such violations have been committed. Likewise, the question arises of the achieving of the purpose of punishment in cases of termination of criminal proceedings by pleading guilty, guilty plea agreement or by a criminal warrant. Although the abovementioned shortened proceedings are characterized
by conduct efficiency, they are very often in disagreement with their purpose, especially in terms of determining of criminal sanctions.
MODERN APPLICATION OF THE PRINCIPLE AUT DEDERE AUT JUDICARE IN ACTS OF TERRORISM AND TORTURE
Vesna Stefanovska,
pp: 43-58
The maxim aut dedere aut judicare refers to the obligation of a state either to exercise jurisdiction over a person suspected of certain crime or to extradite the person to a state able and willing to do so or to surrender the person to an international court/tribunal with jurisdiction to prosecute such crime. The principle which has been postulated by Grotius in 1625 and subsequently laid down in a number of international conventions has a purpose to fight against modern forms of crimes and especially to combat against any form of terrorism and threats to the mankind. This paper will focus on the application of the principle of “extradite or prosecute” in acts of terrorism through several cases such as the Lockerbie case and the Habré case and lastly will discuss about the obligation of states to punish terrorist crimes or to transfer (extradite) persons to states for such punishment.
SOME FEMINIST PERSPECTIVES IN CRIMINOLOGY
Vesna Stojkovska-Stefanovska,
pp: 59-72
The development of feminist criminology began in the 70s with the idea to raise the visibility of women within the criminological research, addressing their role as offenders and as victims, and to understand crime as a male activity, not only as a result of sex differences, but also as a result of gender differences. In addition, ignoring the female criminality by traditional criminology also puts aside other issues such as the role of the criminal justice system in their criminalization and victimization. In doing so, they start from the assumption that male and female offending result from qualitatively different gender processes. But, feminist-oriented criminologists vary according to several feminist perspectives and waves that were developed in the second half of the last century. This and other gender issues related to the limitation of the traditional criminology in explaining female crime and to the main feminist perspectives on gender inequality within different feminist movements consist the theoretical debate and subject of theoretical
debate in this article.
EFFECTIVENESS OF ANTI-CORRUPTION BODIES IN SUPPRESSION OF CORRUPTION IN SELECTED COUNTRIES
Marina Matić Bošković,
pp: 73-91
Many countries have established Anti-Corruption Agencies (ACA) in various forms, given them differing mandates and powers, and obtaining equally mixed results. The traditional anticorruption functions are prevention, including education and public awareness;
investigation of corruption cases; prosecution of corruption cases and policy; and research and coordination. The aim of the article is to examine effectiveness of preventive Anti-Corruption Agencies in Western Balkan countries (Albania, Bosnia and Herzegovina, Former Yugoslav Republic of Macedonia, Kosovo, Montenegro and Serbia), and their achieved results. The different circumstances in these countries, the different strategies pursued by the agencies, and their different degrees of success, have yielded some useful suggestive insights, even though there are too many variables and too few data points for any definitive statistically significant conclusions. Factors that determine an Anti-Corruption Agencies effectiveness are political support from the country’s leadership and a clear and comprehensive legislative framework that delineates its powers and relationship with other policy agencies. Additional factors for successful functioning of ACA are guarantee of adequate resources and independence, accountability and relationship with citizens and media. The Western Balkan ACAs were assessed against these factors and accomplished track-record. The article is based on the desk research, analysis of statistical data published in Annual reports, finance and human resources data.
ENFORCEMENT OF ALTERNATIVES TO IMPRISONMENT IN ALBANIA
Ylli Pjeternikaj,
Valbona Nano, Altin Shegani
pp: 93-105
In this article, the authors reviewing history of development of the alternative sanctions in Albania. They examine the normative framework which regulates alternatives to imprisonment in this country. Additionally, authors analyze statistical parameters that shows positive trends, but also gaps in implementation practices. The particular attention authors pay to following issues: the non-proper understanding of the circumstances of their application; judicial reluctance; lack of necessary infrastructure for the implementation of certain types of
alternative sentences. In final conclusions, they propose possible policy solutions in order to overcome current shortcomings.
NATURAL AND POSITIVE LAW IN THE CONCEPT OF CORRECTING OFFENDERS
Elena Gennadievna Bagreeva,
pp: 107-116
In the article it is proposed to consider the relationship of purposeful process of correcting convicted persons in places of detention based on the norms of natural and positive law with the prevention of recurrence. Most philosophers consider legal regulation as a mandatory condition for the stable functioning of the state and recognize the law, as a system of norms, which is divided into natural law and positive one. In the penitentiary practice the concept of correcting offenders, which is based on the socio-cultural norms of natural law and the mandatory norms of positive law, should become an essential knowledge of convicted persons with the aim of preventing recurrence. In penal practice the concept of correcting criminals, which are recognized
as socio-cultural norms of the natural law and the binding rules of positive law, should become a necessary knowledge of the prisoners for the purpose of prevention of recurrence. The author analyzes the outstanding experience of A.S. Makarenko, as an example of a multidimensional
process of “vaccination” convicts by the norms of natural and positive law for their successful resocialization. The article demonstrates the author’s method of comparative analysis of philosophical and legal ideas and also analysis of international law. The study assures that the
actual task for the modern prison systems is not only serving the sentence in a safe environment, but also to help convicts to be ready for successful resocialization, as prevention of recurrence on the basis of norms of natural and positive law.
PREVENTION OF JUVENILE DELINQUENCY AS ONE OF THE TASKS OF THE POLISH POLICE
Rafał Kochańczyk,
Dariusz Stachelek
pp: 117-130
Practically every policeman patrolling different areas every day encounters the phenomena of social pathology. This article deals with the issues related to juvenile delinquency and its etiology. It briefly discusses the regulations governing proceedings towards minors in Polish law. The paper presents current juvenile delinquency issues in the Warmian - Masurian Voivodeship, which can serve as an indicator for preventive work in youth groups. Components of two training programs run at the Police Academy in Katowice are also presented. During the programmes the participants acquire knowledge essential for procedures related to detaining juvenile perpetrators of prohibited acts, who display signs of demoralization.
