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.
Abstract The paper analyses the notion of anomie through various theories presented in the works of classical Greek thinkers up to today’s understanding of this notion. In this regard, the article will touch on some previous understandings of this phenomenon, and the beginnings of modern thought on anomie in the work of Jean-Marie Guyau, and the developed understandings of Robert Merton and Émil Durkheim as the two most prominent authors dealing with this topic. In addition, the attitudes of marginalized writers will be analysed, as well as neglected and underrepresented understandings in criminology and wider science. The purpose of this paper is to find common ground between all previous understandings of the theory of anomie, and to try to find a more specific meaning of the term in order to contribute to the discussion on this topic.
The state of the Vatican City and its state-legal system is an interesting and inexhaustible topic for both lawyers and historians, theologians, sociologists, political scientists and other experts who study social phenomena. For a lawyer, the specific legal position of the Vatican and the Holy See, for example in international law and their relationship with other sovereign entities, states and international organizations and other (non-state) entities, is definitely a particularly interesting question. A lot has been written about it. That is why we cannot give the impression that the internal state and legal system of the Vatican has been neglected. For this reason, the author of this paper decided to present one branch of the internal law of the Vatican City State. Criminal law definitely represents an important segment in the legal system of every country. It developed and evolved. The development of criminal law (in the theoretical and practical sense) was accompanied by changes in the penal/criminal legislation. The penal/criminal legislation of this papal "mini-state" is apparently specific. However, the paper before you will not be a discussion about the origin and nature of Vatican penal/criminal law. That will be left for another time. With the Lateran Pact and the creation of the Vatican City-State, positive Italian legislation was taken over. That legislation underwent certain changes by "Vatican law". The latest novelties in the penal/criminal legislation of the Vatican City State are the subject of this work, and the author will try to present them in a concise way and thus try to give his modest development of jurisprudential thought about Vatican (penal/criminal) law.
In this article, we touch on the preambles of constitutions, their importance, and manner of interpretation with a purposeful analysis of these issues as the main objective of this paper. We look at constitutional law in its entirety, as well as preambular issues, to evaluate the segments of the legal act that represent its non-normative part. To significantly contribute to the understanding of the very goal of the constitution and similar acts is the most important issue of this topic. By analysing different methods of interpreting the constitution and its preamble, we provide a comprehensive account of errors in interpreting the constitution that penetrate every segment of our lives.
Argumentation or reasoning is the part of rhetorical activities in which the subjects of speech make statements that support their basic thesis, or do everything to convince listeners of the truth of their own, and the falsity of the claims of others. This is done in principle in order to convince certain subjects and thus direct their actions as the speaker arguing the claims wants. By this we mean that argumentation is a means, mechanism, or art of influencing human thought and behavior. This paper deals with this issue. The paper will systematically present the importance of argumentation for legal rhetoric. First of all, special attention will be paid to some basic concepts and clarification of the terms argument and argumentation. Then we will turn to the question of the theory of argumentation, where the author of the paper will present some of his views on these issues, and in connection with legal rhetoric. There will be a discussion on the importance of argumentation of the mind in oratory, and show what the power of arguments is in legal rhetoric through the example of judicial oratory. People use rhetoric on a daily basis and give reasons that go in their favor, that is, contrary to the claims of others. This is almost the rule in everyday speech. This issue is particularly important in the field of law. As the type and manner of presenting arguments (but also argumentation errors) can significantly affect the outcome of a certain legal situation, we therefore consider it of great importance to study argumentation in legal rhetoric. I believe that this work will contribute at least a little in this field.
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