The real challenge is to keep pace with today’s rapidly changing world. However, the development of infocommunication tools and technologies not only brings benefits, it also offers plenty of opportunities for offenders. It is inevitable to use the internet these days, so it is extremely important to lay down the right rules and conditions for children. The most important step we can take against it is prevention and awareness raising. In the study, the authors sought to clarify basic concepts, describe the international environment, and analyze data from Hungary, which manifests itself in the analysis and evaluation of BSR and anonymous judgments.
THE TRUE COST OF TECHNOLOGY: DOUBLE EXTRACTIVISM AND GREEN CRIMINOLOGY IN SERBIA
Ivana Stepanović, PhD,
pp: 25-37
The socalled green transition that relies on batterypowered technology dramatically raises demands for lithium and other minerals. The same resources are used to produce batteries for phones, computers, electric cars, and other devices with internet connectivity that simultaneously extract personal data. While research projects in natural sciences warn of ecological and human health implications of extracting minerals, social sciences emphasise the dangers of electronic transparency. The true cost of green transition and digitalisation turns out to be very high, especially because these processes are based on the extraction of both material resources and behavioural data. This paper argues that the mining of lithium and other minerals is not a local or national issue, but rather an international concern. Using concept analysis and digital ethnography, it analyses lithium mining narratives in Serbia and challenges the idea of “green transition” with notions of double extractivism and digital and green criminology.
CONDITIONAL RELEASE: POSSIBILITIES AND OBSTACLES IN SERBIA AND THE NETHERLANDS
Jan Hoekman,
Gordana Krstić
pp: 39-60
This paper analyses the concept of conditional release in the Netherlands and Serbia, to provide a comparative overview of the two legal systems, and to suggest how legal solutions could be improved. Conditional release is functionally correlated with imprisonment as the main criminal sanction, entailing the deprivation of liberty, whilest, it is also an alternative to imprisonment. It creates the possibility for the convicted person to be released from prison before they have fully served their sentence, provided that certain conditions are met. While serving the sentence, the convicted person is obliged to act upon the individual plan to rehabilitate, focus on work, and minimize the risk of reoffending. Since there are different categories of convicted persons in the penal environment, this paper will also examine whether all these categories of convicted persons deserve to be released on parole or whether perhaps conditional release is reserved only for privileged ones.
COMMUNICATIONS ENCRYPTION AS AN INVESTIGATIVE OBSTACLE
Milana Pisarić, PhD,
pp: 61-74
Due to novel technology solutions, primarily peertopeer, encryption and service providers located abroad, the ability of the law enforcement agencies to execute legally authorized traditional (even special) investigatory means is becoming increasingly problematic. Communication encryption, particularly endtoend encryption in smartphone applications hinders law enforcement authorities’ practical ability to wiretap communications, although in a legal position. This phenomenon is globally recognized as “Going Dark” problem. All these challenges have necessitated legislative action. So far two different approaches have been recognized in addressing this problem: mandatory exceptional access and legalized hacking of target. In this paper we explore the viability and implications of both of them, in order to identity the most viable solution for overcoming investigative barrier, i.e. enabling the authorities to conduct surveillance of electronic communications.
ANTICORRUPTION CHALLENGES IN SERBIA AND HUNGARY: IN(EFFICIENT) MONITORING OF THE ANTICORRUPTION POLICIES
Milica Kolaković-Bojović, PhD,
prof. Tihanyi Miklós, PhD
pp: 75-90
Fight against corruption constitutes one of the main challenges to face with in the posttransitional, especially postcommunist societies, as those who, like Hungary, have already joined European Union, as for the rest of them that, like Serbia, are still in the status of candidate for the membership. An efficient anticorruption measures include, not only preventive and repressive measures in the vital areas of the state and the society, but also a strong and vibrant monitoring mechanism developed at the national level to monitor overall anticorruption policies. Furthermore, in order to ensure an objective assessment of the anticorruption policies among members states and the candidate countries, such mechanisms need to developed also at the EU level. Considering all of this, this paper aims to analyse the current state of play of the monitoring of the anticorruption policies in Serbia and Hungary, focusing on the proliferation of the monitoring mechanisms and on the gaps and overlaps in the systems. The paper also tackles the EU fail to establish a uniform and sustainable anticorruption monitoring mechanism, including the omission to apply it equally on the member states and the candidate countries.
ILLEGAL ENTRY OF FOREIGN NATIONALS AS CRIMINAL OFFENCE
prof. Hrvoje Filipović, PhD,
prof. Dragana Čvorović, PhD
pp: 91-110
The paper analyzes the criminal offense of illegal entry, movement and stay in the Republic of Croatia, another Member State of the European Union or a signatory state to the Schengen Agreement under Article 326 of the Criminal Code and its connection with the misdemeanor of the prohibition of assisting a thirdcountry national from Article 43 of the Law on Foreigners with regard to the difficulties and implications that may arise during their delimitation. In particular, the implementation of Council Directive 2002/90/EC on the definition of facilitation of unauthorized entry, transit and residence as well as its harmonization is analyzed. The differentiation between the misdemeanor in question and the criminal offense is not simple and includes a number of factors that in fact depend on each individual case, but when it comes to the classification of criminal offences, the decisive factor is greed, whereas recent case law shows that when it comes to criminal offenses under Article 326 of the Criminal Code, these are wellorganized groups that, upon detection, do not shy away from attacking police officers in pursuit of their goals.
BORDER MANAGEMENT AND PROCEDURE IN CASE OF HIGH LEVEL OF RADIATION AT THE BORDER CROSSINGS IN THE REPUBLIC OF NORTH MACEDONIA
Emilija Petrova,
prof. Metodija Dojcinovski, PhD
pp: 111-123
The aim of this paper is to strengthen the ability of border crossing staff to check the presence of persons and vehicles for possible presence of radioactive materials outside regulatory control, in an effort to prevent smuggling and illicit trafficking in such means and materials. Regarding the use of radiation detection equipment, which is used at the border crossings in the Republic of North Macedonia, for the needs of control and verification of the entire import and export for possible presence of radioactive shipments. It documents the overall detailed process that the officers involved (customs officers and border police) will use to detect all radioactive material passing through the site, the process that will be used to determine the legitimacy of the radioactive substances that would be detected and the most appropriate way, which should be reacted and acted upon if illegal shipments of this type are detected. Information that will help existing and new officials to perform their duties in a timely manner, in an appropriate and consistent manner.
THE LEGAL NATURE OF EXTRADITION AND EXPULSION, CONSTITUTIONAL AND CRIMINAL JUSTICE REGULATION
prof. Veaceslav Ursu, PhD,
pp: 125-139
The study examines the extradition and expulsion, analyses the constitutional and criminal justice regulations of the legal institutions under consideration, identifies their particularities and the reveals their legal nature. Based on the identified features, the author tried to highlight the essential similarities and differences of the institutions concerned, in order to finally discover and describe the legal nature of expulsion and extradition.
