FORENSIC CRIMINOLOGY, RISK ASSESSMENTS AND THE PREVENTION OF RECIDIVISM: An introduction to a genuine idiographic method (MIVEA)
Nina Kaiser, PhD,
pp: 7-20
The present paper gives insight to an innovative approach in Forensic Criminology, that applies criminological knowledge for risk and needs assessments aiming at preventing recidivism. Although risk assessments are mainly conducted by psychologists and psychiatrists that predominantly work with actuarial risk assessments, hence with standardized, statistical methods, this approach is idiographic and refrains from relying on the comparison with the “average” but focuses on the individual: the Method of Ideal-Typical-Comparative-Case-By-Case Analysis (in short: MIVEA). Thus, the issue under scrutiny is the application of specific criminological knowledge for risk assessments. As a result, the paper will provide knowledge about the role of Forensic Criminology in the field of risk assessments and will illustrate the importance of the application of genuine idiographic risk assessments methods. It largely draws on research conducted by the founders of the method in question and their successors (especially Bock (2019) Angewandte Kriminologie. 5th edn. München: Vahlen)
EFFECTS OF THE APPLICATION OF INFORMATION AND COMMUNICATION TECHNOLOGIES IN TRAFFIC IN THE WORK OF THE MISDEMEANOR COURT (VALJEVO CASE STUDY)
Dragan Obradović, PhD,
prof. Biljana Tešić, PhD
pp: 21-42
he judicial system in Serbia in the 21st century is increasingly following the achievements in the field of science and technology. In various areas of social life, a wide range of technologies is applied to support the judicial system and the work of the police, including integrated information systems for the management of court cases as well as video surveillance systems in traffic. The development of technologies, their adoption and application directly affects the work of the police, as well as the efficiency and quality of functioning of all parts of the judicial system. The subject of this paper is the analysis of the application of modern information and communication technologies in the field of road traffic safety with the aim of improving the functioning of that system or its individual parts. The aim of this paper is to point out the importance of the application of modern technologies in the field of supervision of traffic participants as well as their influence on proving traffic violations in the work of misdemeanor courts through the example of the Misdemeanor Court in Valjevo. The paper also deals with the positive financial effects of the collection of fines for convictions on the example of the city of Valjevo.
INTERNATIONALISATION OF THE CRIMINAL PROCEDURE WITHIN EXTRADITION: CASE BELARUS
prof. Vadzim Samaryn, PhD,
pp: 43-58
The subject of the article is the extradition as an element of the international legal paradigm of the modern criminal procedure. In this context, the goal of this research is to identify the fundamental human rights affected by the criminal proceedings within the extradition procedure based on cases related to the Republic of Belarus as well as legal provisions of this state. In this regard, the article explores the concept of the international legal paradigm of the modern criminal procedure. The author analyses the principles, the implementation of which is required to ensure human rights in the framework of the Belarusian criminal procedure in the course of extradition. The article reveals certain fundamental human rights that are affected during the extradition procedure: the personal inviolability, the right to defence and ne bis in idem.
THE ROLE OF NON-LETHAL WEAPONS IN PUBLIC SECURITY
Erdem Eren Demir, PhD,
Mehmet Ali Tekiner, PhD, Aybüke A. İsbir Turan, PhD
pp: 59-75
After World War II, “human rights” became a very vital issue all over the world, and with the publication of the Universal Declaration of Human Rights by the United Nations at the end of 1948, the subject gained an international status. In this context, the level of power to be applied by law enforcement officers in preventing the incidents and the equipment they use have started to be discussed. Equipment called “non-lethal weapons - NLW” began to be used in mass actions to end the incidents by causing less harm to both activists and third parties who were not involved in the action. The primary purpose of using NLWs is to minimize the severe human consequences during the intervention process to deter individuals from participating in the actions and to minimize the damage. Although it is called a non-lethal weapon, some negative consequences can be encountered due to the wrong or disproportionate use of this equipment, which can undermine the trust of citizens, who are not directly related to the events, in the state and naturally, the law enforcement forces, and the countries’ prestige can lose. For this reason, it is necessary to know and teach the issues needed to effectively use non-lethal weapons that give new capabilities to law enforcement officers. This study aims to examine the non-lethal weapons used by law enforcement officers to investigate the legal regulations on these weapons and their ammunition at the international and national level and to provide basic information on the types of NLW and their use. The scarcity of academic studies on non-lethal weapons in the national literature increases the importance of this study. As a result of the research, it has been determined that the main way of harming people and the environment as little as possible in the process of intervention in social events is the conscious use of NLWs by law enforcement officials.
CONDITIONAL SENTENCE WITH PROTECTIVE SUPERVISION - concept, application, and relationship with other alternative sanctions and measures
Olga Tešović,
pp: 77-104
The paper gives an overview of the concept and content of a conditional sentence with protective supervision according to the solutions in the Criminal Code of the Republic of Serbia, pointing out certain substantive inconsistencies and legal gaps. The author explains what significance this sanction should have in the system of non-custodial sanctions and measures, starting from international standards and comparative practice in this area. In addition to substantive law, the paper also analyzes the regulations related to the execution of this alternative sanction, as well as the situation with its application in practice. Special attention was given to the relationship of this alternative sanction with other alternative sanctions and measures, both with those that already exist in our positive law - house arrest, work in the public interest and the institute of settlement of perpetrators and injured parties, and with some non-custodial measures which originate from the Anglo-Saxon legal field - „shaming punishments“, which exist in the USA law. The aim of this paper is to point out the importance of this alternative sanction and its possibilities of improvement in terms of greater and more efficient application in practice.
COMMUNITY SERVICE: EXPERIENCES AND CHALLENGES OF IMPLEMENTATION IN THE REPUBLIC OF SERBIA IN THE 2015-2020 PERIOD
Milica Kolaković-Bojović, PhD,
Ana Batrićević, PhD
pp: 105-123
The dual nature of the community service makes this punishment, on the one hand, an effective mechanism for reducing the overcrowding of penitentiaries, while at the same time enabling effective rehabilitation and reintegration of convicts, through contribution to the local community. Despite the fact that Serbia has been facing the problem of overcrowding of prisons for a long time, and that the punishment of work in the public interest, although in different modalities, has been recognized for decades as one of the key mechanisms for addressing this problem, the pioneer attempts to address this problem have started fifteen years ago. The adequate preconditions to increase a share of the community service in the total number of the imposed criminal sanctions were created by the amendments to the legal framework in 2014. With this in mind, in this paper, the authors present the results of the application of the community service, collected as part of a comprehensive impact assessment research on the application of alternative sanctions and measures in the Republic of Serbia in the 2015-2020 period. The basis for the conclusions presented in this paper are founded on the basis of the data collected by triangulation of quantitative and qualitative research methods and analysed from the perspective of the efficiency, effectiveness and sustainability of the existing system. The paper also defines a set of recommendations for improving the normative framework and its application in practice and assesses their compatibility with the measures envisaged by the Strategy for the Development of the System of Execution of Criminal Sanctions for the 2021-2027 period.
Prikazi
BOOK REVIEW: PROF. IVANA BODROŽIĆ, PHD (2022) TERRORISM AS A CATEGORY OF NATIONAL AND INTERNATIONAL CRIMINAL LAW. BELGRADE: UNIVERSITY OF CRIMINAL INVESTIGATION AND POLICE STUDIES.
prof. Đorđe Đorđević, PhD,
pp: 125-134
