Filip Novaković (b. 1999) is a legal scholar and doctoral researcher in criminal, international, and constitutional law. Author of 5 books and 60+ papers, he researches digital evidence, and human rights, and serves on multiple civic boards.
Polje Istraživanja: Constitutional law Criminal law Philosophy of law Criminology/Criminal justice
Filip Novaković (b. 1999, Banja Luka, Bosnia and Herzegovina) is a legal scholar and doctoral researcher specializing in criminal law, international law, and constitutional law and human rights. He holds an LL.B. (Hons.) in General Law from the Faculty of Law of the University of Banja Luka and an LL.M. in Criminal Law from the Faculty of Law of the University of Sarajevo, where he defended a thesis on the principle of immediacy in evidentiary procedure. He is currently pursuing a second master’s degree in International Law and a doctorate in Criminal Law, with a dissertation titled „The Admissibility of Digital Evidence in Modern Criminal Procedure“.
Filip has authored and co-authored five books and over 60 scientific and professional articles, publishing in both domestic and international journals. His research spans criminal procedure, human rights, constitutional theory, digital forensics, and legal history. His work has earned recognition including the prestigious UNESCO International Chair in Bioethics award for scientific excellence.
Beyond his academic achievements, Filip has held numerous leadership roles, including serving as student vice-dean and student representative on the Scientific and Teaching Council. He is actively engaged in public service, currently serving on the Board of Directors of the Center for Culture and Sports in Srbac, Board of Directors of the Human Rights House Banja Luka and as a corresponding member of the Bosnian-Herzegovinian-American Academy of Arts and Sciences.
His interdisciplinary interests include animal welfare—where he is involved in ethical breeding and education through specialized associations—as well as paleozoology and paleobotany. He is a member of several professional bodies, including the Paleontological Society, Association of Lawyers of the Republika Srpska, the Croatian Association for European Criminal Law, and the Victimology Society of Serbia.
This paper examines the level of alignment between procedural safeguards for children in criminal proceedings in the Republic of Srpska and the standards established by Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings. Recognising children as a particularly vulnerable category of participants in criminal proceedings, the paper analyses whether the domestic normative framework ensures effective and child-appropriate procedural protection, taking into account the child’s age, maturity and specific needs. The analysis is based on a normative-dogmatic approach and focuses on the Law on the Protection and Treatment of Children and Juveniles in Criminal Proceedings of the Republic of Srpska, with the subsidiary application of the Criminal Procedure Code of the Republic of Srpska. Directive (EU) 2016/800 is used as the primary reference standard, interpreted in the light of the European Convention on Human Rights and the case-law of the European Court of Human Rights. The findings indicate that the domestic legal framework is largely aligned with European standards, particularly regarding the right to legal counsel and the basic limitations on the deprivation of liberty of children. However, the analysis also reveals notable normative shortcomings, especially concerning the individual assessment of the child, the right to information in a child-appropriate manner, and the comprehensive protection of the child’s privacy and identity. The paper concludes that targeted legislative improvements are necessary in order to achieve full and consistent compliance with the standards set by Directive (EU) 2016/800.
This article examines the development of criminal procedure in the Roman Imperial period, with particular emphasis on the relationship and gradual transition between the accusatorial model (accusatio) and the extraordinary imperial procedure (cognitio extra ordinem). Starting from the institutional and procedural changes caused by the decline of republican judicial bodies and the strengthening of imperial authority, the paper analyses the transformation of judicial power holders, the initiation of criminal proceedings, the role of the judge, the shift from public to secret hearings, the law of evidence, and the emergence of legal remedies such as appeal (appellatio) and asylum (asylum). Special attention is devoted to the issue of proof and to a critical reassessment of the long-standing doctrinal misconception concerning the existence of a formal and binding system of evidentiary rules in Roman law. The conclusion highlights the importance of Roman imperial criminal procedure for the development of the continental legal tradition, emphasizing its ambivalent legacy between enhanced state repression and the early formation of procedural safeguards.
Ovaj rad pruža (sveobuhvatnu) analizu razvoja rimskog kaznenog (krivičnog) postupka od kraljevskog doba do kraja Republike. Autor istražuje kako je rano rimsko društvo prešlo sa privatne osvete na državno provođenje pravde, naglašavajući nerazdvojivost prava, religije i politike. Kroz detaljno razmatranje institucija kao što su quaestores parricidii, quaestiones perpetuae, te reformi koje su sproveli Sula, Ciceron i Pompej, tekst prikazuje sve veću formalizaciju, specijalizaciju i politizaciju krivičnog prava. Posebna pažnja posvećena je procesnim principima, uključujući pretpostavku nevinosti, akuzatorni model i pravila dokazivanja. Zaključno, rimsko krivično pravo – iako često zapostavljeno u korist privatnog prava – imalo je značajan uticaj na temeljne koncepte savremenih evropskih krivičnopravnih sistema.
Introduction: Hermeneutics, as a theory of interpretation, plays a significant role in criminal law by providing a framework for understanding legal norms within their socio-political and historical contexts. Given the necessity for precision and clarity in criminal law, hermeneutical approaches help resolve ambiguities and reconcile conflicts between statutory provisions, judicial practice, and moral principles. Aim: The aim of this paper is to demonstrate the significance of hermeneutics as a methodological tool in interpreting criminal law norms and to highlight its contribution to the development of contemporary legal doctrine and practice. Materials and Methods: The paper applies the hermeneutical method of analysis, as well as comparative-legal and normative methods, relying on relevant case law and modern theoretical approaches in criminal law and legal philosophy. Results: The analysis shows that hermeneutical approaches enable a dynamic understanding and application of criminal law norms, contributing to greater coherence between statutory texts, judicial decisions, and moral principles. In doing so, hermeneutics becomes a key factor in resolving legal dilemmas and ensuring the fair application of law. Conclusion: Hermeneutics represents an indispensable methodological framework for understanding and applying criminal law. It allows legal norms to be interpreted in accordance with contemporary social values, thereby contributing to the development of legal science and practice as a whole.
The paper examines the application of the principle of opportunity in juvenile criminal proceedings across different legal systems. The principle of opportunity, as opposed to the principle of legality, allows prosecutors to refrain from initiating or continuing criminal proceedings when doing so serves the interests of justice, rehabilitation, or social reintegration. The paper provides a comparative analysis of various jurisdictions, highlighting differences in legal frameworks, prosecutorial authority, and policy rationales behind the discretionary prosecution of juvenile offenders. It assesses how different legal systems balance the need for accountability with the fundamental principles of juvenile justice, such as the best interests of the child, proportionality, and diversion from formal criminal proceedings. The study also evaluates the safeguards and limitations imposed on prosecutorial discretion to prevent arbitrariness, discrimination, or excessive leniency. The paper ultimately argues that an appropriately structured system of prosecutorial discretion can enhance the effectiveness of juvenile justice by prioritizing rehabilitative measures over punitive sanctions. Through a comparative lens, the research underscores the importance of a balanced approach in juvenile justice policies, advocating for a legal framework that safeguards due process while promoting the social reintegration of young offenders.
This article examines the multifaceted implications of community service as a criminal sanction within the legal framework of Bosnia and Herzegovina. Grounded in an interdisciplinary approach, it integrates legal analysis, economic evaluation, and psychological perspectives to provide a comprehensive understanding of this alternative sanction. The legal analysis delves into the statutory provisions and judicial practices governing community service, assessing its alignment with international human rights standards and its effectiveness in promoting restorative justice. The economic evaluation leverages statistical data to measure the impact of community service on the national economy, including cost-benefit analyses and its potential to alleviate the financial burdens on the penal system. In exploring the psychological aspects, the article investigates the rehabilitative potential of community service. The article highlights the role of community service in fostering a sense of responsibility, improving self-esteem, and reducing recidivism rates. It also considers the challenges and limitations of implementing this sanction, including potential stigmatization and the necessity for adequate support systems. Through a thorough analysis of these dimensions, the article aims to contribute to the ongoing discourse on criminal justice reform in Bosnia and Herzegovina.
This article delves into the complex and evolving landscape of defamation as a criminal offence in 19th century Europe. The crime of defamation, encapsulating the act of damaging a reputation through spoken or written words, became a contentious issue, closely interwoven with the burgeoning principles of freedom of expression and the evolving legal systems of the time. This study employs a comparative legal historical approach to investigate how defamation was defined, prosecuted, and perceived across different European countries. As societies transitioned from aristocratic hierarchies to more egalitarian systems, defamation cases often served as a platform for public discourse on power dynamics, individual rights, and the role of the media in shaping public opinion. The study of defamation in 19th century Europe provides a unique perspective on the delicate balance between the protection of personal reputation and the promotion of democratic values in a rapidly changing world.
The contemporary landscape of global security is profoundly influenced by the phenomenonof terrorism, constituting a paramount concern of unparalleled magnitude. While terrorism hashistorically permeated the annals of state formations, its contemporary manifestation has witnessed amarked escalation and proliferation in recent decades. Contrary to popular belief which may confinethe specter of terrorism to the confines of the Old Continent or to nations characterized by democraticgovernance paradigms, its reach extends far beyond such boundaries, impacting diverse geographicallocales and transcending conventional societal demarcations. Indeed, terrorism in the present eraexacts a heavy toll, manifesting in myriad forms and encroaching upon all facets of communalexistence. In its deleterious wake, terrorism undermines the foundational tenets safeguarded by globallegal frameworks, thereby imperiling the bedrock principles that underpin civilizational norms. Thisscholarly exposition endeavors to scrutinize the multifaceted dimensions intrinsic to the phenomenonof terrorism, elucidating the intricate interplay of factors that precipitate recourse to violent means inthe pursuit of political objectives.
This paper explores the intricate balance between safeguarding the rights of minors and ensuring effective criminal justice in the examination of juvenile testimony within legal proceedings. Focused on the intersection of criminal law and juvenile justice, the study delves into the challenges and ethical considerations surrounding the interrogation and testimonial processes involving minors. The evolving landscape of juvenile criminal justice necessitates a nuanced approach that considers both the developmental vulnerabilities of young individuals and the imperative to uphold justice. The article addresses the fundamental tension between the rights of minors to fair treatment and the societal interest in uncovering the truth. The examination of minors in criminal proceedings requires a delicate balance, considering factors such as cognitive development, susceptibility to coercion, and the potential impact of trauma. The paper critically evaluates existing legal frameworks and proposes innovative strategies to enhance the protection of juvenile rights without compromising the pursuit of justice.
In the last two centuries, the world and humanity have changed more than ever. The rapid development of technology, but also socio-humanistic and political thought has led to a completely different perception of the world by people. The desire to spread influence, aided by technological development, has pushed the great powers into the bloodiest armed conflicts the world has ever seen. After the end of the First and Second World Wars, it proved necessary not only to sanction the leaders of the idea of aggressive war, but also to sanction the insult to the independence of countries through the armed attack. In this regard, the international community has approached a more detailed definition of the concept of aggression and crimes against peace (crime of aggression) and the establishment of appropriate mechanisms with the aim of preventing armed conflicts, stopping them and promoting peaceful settlement of international disputes. It is this idea that is the subject of the text that follows. The author wants to make his modest contribution to legal science in terms of analysis of the concept of aggression in international law (primarily in international public law), but also the definition and elements of (international) crime – crime against peace (aggression) in international criminal law. In addition to explaining and clarifying the content of the concept of aggression, the author will analyze this international crime contained in international documents, present the jurisdiction of the International Criminal Court in relation to aggression, and explain the position and role of the United Nations in preventing armed conflict and peace. Finally, a critical analysis of all the above, the author will present the advantages and disadvantages of mechanisms for preventing armed conflict and punishing perpetrators of international crimes against peace through the prism of the amendment to the Rome Statute of the ICC.
Ova stranica koristi kolačiće da bi vam pružila najbolje iskustvo
Saznaj više