1,721,001 research outputs found
THE RIGHT TO AN EFFECTIVE REMEDY IN CRIMINAL PROCEEDINGS IN THE CONTEXT OF THE RIGHT TO A TRIAL WITHIN A REASONABLE TIME
No full textRad je rezultat istraživanja na projektu Pravnog fakulteta Univerziteta u Kragujevcu: „Usklađivanje pravnog sistema Srbije sa standardima Evropske unije”, koji se finansira iz sredstava Fakulteta.The author discusses the right to an effective legal remedy in the context of the right to a trial within a reasonable time. After the introductory considerations on the right to a legal remedy, the author explains the basic principles of the right to an effective legal remedy according to the European Convention on the Protection of Human Rights and Fundamental Freedoms. Then, it shows the said right according to domestic legal regulations, primarily according to the Law on the Protection of the Right to a Trial within a Reasonable Time, by which the legislator prescribes legal means for the protection of this right, but also not bypassing the Code of Criminal Procedure. Finally, the author elaborates the basic rules and standards developed through the long-term practice of the European Court of Human Rights.Publishe
Some questions about complicity in the committing crimes
No full textThe author in this work elaborates some problems about complicity in the committing a crimes. Criminal act is the act committed mostly by one person. But, today, there is more and more felonies which who are committing by several peoples, or groups of people. Therefore, the sanction must be more rigorous. In this article, author discussed about a one side of the complicity, accordingly, about a assistance in committing a crimes. Through analyses theoretical postulates in Codex trans aspects of some other authors till jurisprudence, the author concludes that this subject matter is very good elaborate, and, there is no many problems in practice. The author propose a harmonization of solutions on some aspects between the countries in the ambience, and demand more severe regard from court. The assistance in committing crime is the easiest shape of the complicity, but no less remarkable
Life Imprisonment Without Parole: The Compatibility of Serbia’s Approach with the European Convention on Human Rights
No full textIn this article, the author deals with the issue of life imprisonment without parole. Life imprisonment represents a new type of penalty in Serbian criminal law, in addition to standard imprisonment. The present state of the Serbian criminal legislation provides the possibility of parole for most criminal offences after 27 years of imprisonment served, while simultaneously explicitly prohibiting the possibility of parole for certain offences. The author elaborates the judgments of the European Court of Human Rights regarding life imprisonment, emphasizing rehabilitation as the primary goal of criminal sanctions. After that, the author explains the legislative solutions outlined in the Criminal Code of Republic of Serbia. Through the analysis of the crucial provisions of the Criminal Code, as well as other important and relevant laws, the author points out the shortcomings of the existing regulations in Serbia regarding life imprisonment, which flagrantly threatens to violate the offenders’ human rights
The Role and Importance of the High Judicial Council in the Republic of Serbia: Towards Democratisation in the Field of the Judiciary
No full textThe author deals with constitutional changes in the judiciary in the Republic of Serbia. The Constitution of the Republic of Serbia was adopted in 2006, and for years there have been attempts of change towards democratisation. A special problem is the composition, and functioning of the High Judicial Council, as a body that should have exclusive competence in the election of judges. In the first part of the paper, the author explains the 2006 constitutional solutions, while in the second, he explains the first attempts to change the constitutional provisions to form new solutions aimed at depoliticising the judiciary, which never came into force. In the third part of the paper, the author points out the most important proposed constitutional changes from 2021, which the Venice Commission criticised, but which came into force. The author also points out the views of the Venice Commission and gives his suggestions
MIGRANTS AND SAFETY IN SERBIA DURING AND AFTER CORONAVIRUS PANDEMIC
Get PDFThe removal of internal borders and the establishment of freedom of movement are important aspects of the EU’s history, but they are not accompanied by a uniform legal system. The migrant dilemma isn’t going away, and the pattern and character of these movements have evolved dramatically over the previous six decades. The author of this article addresses the issue of migrants’ position in Serbia’s rural areas during the coronavirus pandemic. During the period of emergency, Serbia enacted policies that imprisoned migrants in detention centres, effectively depriving them of their liberty. According to the government’s reasoning, it was done to protect migrants’ health. Given the rising violence between migrants and the local people, the question is whether the state intended to safeguard migrants’ health or citizens from migrants in this manner. The author conducted a survey in these areas, explains the findings in depth,
and draws a conclusion based on his findings. The paper is comprised of several units. In the first place, the author briefly explains the state of emergency in Serbia and gives an overview of migration centers in Serbia. The central part of this paper deals with the research between citizens in relation to migrants, both in their general attitude and in terms of the relationship between migrants and crime. Residents of migrants’ areas were surveyed, as the author believed thought that due to the location of migration centres, they would be most affected by waves of migrants and possibly, crimes committed by migrants. The author set two initial hypotheses and both were confirmed, and according to the research, the population has a negative attitude towards migrants. At the same time, most respondents show distrust of the state’s claim that migrants are imprisoned for their health. The author believes that this move by the state at that time was a hasty reaction in order to prevent the uncontrolled movement of migrants and
the potential spread of the infectious coronavirus disease. In the same time, the author tries to answer to the question about the migrants’ position today and in the near future.Publishe
СОЦИЈАЛНЕ ИМПЛИКАЦИЈЕ ИЗАЗВАНЕ ДРЖАВНОМ РЕАКЦИЈОМ НА КОВИД-19 И ЉУДСКА ПРАВА У РЕПУБЛИЦИ СРБИЈИ
Get PDFThe author deals with the problem of criminal measures and sanctions in the legislation of the Republic of Serbia during the Covid-19 pandemic from the human rights points of view. The executive branch of the government declared a state of emergency emergency in the in the Republic of Serbia in March 2020. At the same time, the so-called Crisis Headquarter was established with the authority to impose measures of criminal-legal nature. During the two-month state of emergency, through the Crisis Headquarter, the executive branch of the government was changing criminal laws and sanctions on an almost daily basis. It is debatable whether such laws meet the rule of law and the European Court of Human Rights standards. The author in this work deals with three main issues: curfews, ne bis in idem principle, and migrants’ detention. The particular attention is devoted to the Constitutional Court decision regarding the mentioned issues.Publishe
UNFORESEEABILITY AND ABUSE OF CRIMINAL LAW DURING THE COVID-19 PANDEMIC IN SERBIA
Get PDFThe author deals with the problem of criminal measures and sanctions in the legislation of the Republic of Serbia during the Covid-19 pandemic. The executive branch of the government declared a state of emergency in the Republic of Serbia in March 2020. At the same time the so-called Crisis Headquarter was established with the authority to impose measures of criminal-legal nature. During the two-month state of emergency, through the Crisis Headquarter, the executive branch of the government was changing criminal laws and sanctions at an almost daily basis. It is debatable whether such laws meet the rule of law and the European
Court of Human Rights standards. Many citizens failed to adapt their behavior to the imposed measures. On the one hand, the courts have fallen into the trap of double punishment, both for a crime and for a misdemeanor. On the other hand, justifications of the courts’ decisions are also questionable, especially those containing references to statements made by members of the crisis team through the media. Furthermore, the Constitutional Court didn’t rule on any of the numerous requests for constitutional review, but in September it came out with the view that since the state of emergency was over, its decision was unnecessary. The paper is comprised of several units. In the first place, the author explains the process of legal changes by analyzing all the laws and rules that were passed by the end of 2020, as well as data related to the punishment of residents whose behavior was not in accordance with existing legal solutions. Bearing in mind the standards of the rule of law and the European Court of Human Rights, the author then explains that the measures implemented by the Serbian authorities do not meet the basic required criteria, primarily the foreseeability of the law, as well as that the laws were abused for the purpose of the election campaign. The special attention is paid to curfews
and the complete ban on leaving homes for senior citizens well as ban of contacting with the family members, and then the lockdown of the rest of the population. The actions taken by the authorities during the epidemic resulted in violation of human rights of their citizens, and experience shows that the only court that citizens will be able to turn to will be the European Court of Human Rights. The author believes that with this understanding of the law and respect for its own citizens, the European Union can only be a distant idea.Publishe
UNFORESEEABILITY AND ABUSE OF CRIMINAL LAW DURING THE COVID-19 PANDEMIC IN SERBIA
Get PDFThe author deals with the problem of criminal measures and sanctions in the legislation of the Republic of Serbia during the Covid-19 pandemic. The executive branch of the government declared a state of emergency in the Republic of Serbia in March 2020. At the same time the so-called Crisis Headquarter was established with the authority to impose measures of criminal-legal nature. During the two-month state of emergency, through the Crisis Headquarter, the executive branch of the government was changing criminal laws and sanctions at an almost daily basis. It is debatable whether such laws meet the rule of law and the European
Court of Human Rights standards. Many citizens failed to adapt their behavior to the imposed measures. On the one hand, the courts have fallen into the trap of double punishment, both for a crime and for a misdemeanor. On the other hand, justifications of the courts’ decisions are also questionable, especially those containing references to statements made by members of the crisis team through the media. Furthermore, the Constitutional Court didn’t rule on any of the numerous requests for constitutional review, but in September it came out with the view that since the state of emergency was over, its decision was unnecessary. The paper is comprised of several units. In the first place, the author explains the process of legal changes by analyzing all the laws and rules that were passed by the end of 2020, as well as data related to the punishment of residents whose behavior was not in accordance with existing legal solutions. Bearing in mind the standards of the rule of law and the European Court of Human Rights, the author then explains that the measures implemented by the Serbian authorities do not meet the basic required criteria, primarily the foreseeability of the law, as well as that the laws were abused for the purpose of the election campaign. The special attention is paid to curfews
and the complete ban on leaving homes for senior citizens well as ban of contacting with the family members, and then the lockdown of the rest of the population. The actions taken by the authorities during the epidemic resulted in violation of human rights of their citizens, and experience shows that the only court that citizens will be able to turn to will be the European Court of Human Rights. The author believes that with this understanding of the law and respect for its own citizens, the European Union can only be a distant idea.Publishe
UNACCOMPANIED MIGRANT MINORS DETENTION BEFORE THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
No full textRad je napisan u okviru projekta Pravnog fakulteta Univerziteta u Kragujevcu "Usklađivanje pravnog sistema Srbije sa standardima Evropske unije".The author deals with the one of the most problematic issues of the migrant
crisis, namely the deprivation of liberty of a unaccompanied migrant minor in his or
her migrant journey. The situation of migrants in the crisis that has hit Europe is not
easy in itself, but it is made even more difficult by the fact that children often travel
with adult migrants, and the most difficult aspect of this phenomenon is certainly
unaccompanied migrant children. The countries most affected by the influx of
unaccompanied children are Greece and Malta. Article 5 of the European
Convention on Human Rights and Fundamental Freedoms lays down the grounds on
which a person may be deprived of his liberty, and in recent years the European
Court of Human Rights has elaborated in detail the basis for ordering detention of
migrants. The author has paid the greatest attention to the views of this Court when it
comes to unaccompanied migrant children analyzing all the judgments rendered by
July 2019, and the difficulty of their position is sufficiently illustrated by the fact that
the Court found violations of convention rights in all judgments in their deprivation of
liberty.Publishe
PROTECTION OF WITNESSES IN CASES OF SEXUAL ABUSE IN THE CONTEXT OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
No full textRad je rezultat istraživanja na projektu Pravnog fakulteta Univerziteta u Kragujevcu: „Usklađivanje pravnog sistema Srbije sa standardima Evropske unije”, koji se finansira iz sredstava Fakulteta.In this paper, the author deals with the problem of the protection of vulnerable
categories of witnesses in the context of testimony at the main trial, all in terms of the
right to a fair trial in the jurisprudence of the European Court of Human Rights. One
of the problems in the application of Article 6 of the European Convention on Human
Rights is related to witness statements in cases with elements of sexual abuse in
criminal proceedings. The jurisprudence of the European Court of Human Rights has
developed certain criteria that must be followed in national legislation, primarily
following the Al-Khawaja and Tahery test. At the same time, the European Union Directive on the establishment of minimum standards on the rights, support and protection of victims of crime 2012/29/EU is of particular importance in this field. After the introductory remarks, the author explains the relevant provisions of the aforementioned directive, and the Court's jurisprudence regarding the protection of witnesses in cases of sexual abuse.Publishe
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