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Filip Novaković

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.

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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.

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.

Filip Novaković, Šeherzada Šakić, Dajana Rikanović

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.

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.

Filip Novaković, Aleksej Indžić

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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