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Publikacije (25)

Nazad
S. Karović, Marina Simović

In this paper, the authors analyse the legal nature of criminal procedure in Bosnia and Herzegovina, with the special emphasis on reform processes of criminal procedure legislation and adoption and acceptance of new legal solutions over the past two decades, acknowledging the aspiration for effectiveness and protection of basic human rights and freedoms. For the purpose of effective criminal procedure, it identifies the main and secondary actors in criminal proceedings whose role is crucial from the aspect of shedding light on and resolving a certain criminal matter, as well as issuing a judicial decision. To that end, the role and importance of those actors in taking procedural actions to carry out a criminal procedure task is emphasised for the purpose of understanding the legal nature, structure and course of the criminal procedure, and achieving the scope of legally prescribed rights of the suspect, that is, the defendant. In addition, special attention is paid to the specific procedural situation and status of an underage person in the criminal law as the perpetrator and injured parties in a criminal case, taking into account their age as the basis for the differentiation and protection in relation to adults.

S. Karović, Marina Simović

In this paper, the central part presents the solution of the criminal-procedural task, that is, the clarification and solution of a specific criminal matter in criminal proceedings of Bosnia and Herzegovina by criminal-law entities, with special attention to restrictive legal conditions of a criminal-procedural nature, as well as certain problems and dilemmas of a practical nature. The extremely dynamic development of modern criminal procedural law in the last two decades is also characterized by the adoption of new criminal procedural solutions with a pronounced tendency of humanization, which directly relates to the catalog of the rights of the suspect or accused person. In order to understand the nature of the criminal proceedings, the conceptual determination and differentiation of the criminal matter as the main subject of the criminal proceedings was made to the criminal matter in an unfair and fair sense, with reference to the practical aspect of the efficient conduct of the criminal proceedings and the illumination and settlement of the criminal matter, respecting the standards of proof. Given the nature of the criminal proceedings, in addition to the criminal matter as the main case, other secondary or ancillary issues are included which do not constitute a criminal offense but relate to the criminal matter (property claim, so-called prejudicial or preliminary issues and costs of the proceedings).

Jasmina Krštenić, S. Karović

Modern way of living, relieved by possibilities of new technologies, is benefit which humankind has in the 21st century, but big benefit could become negative side of technology improvements. Life without internet is unimaginable, and media gives its services through internet. Everything is easily available, immediately and everywhere. That advantage could produce negative consequences for users. Users always seek protection from the state, they do not know their rights and they are convinced that they do not have obligations. We hope that this brief review of legal framework of users’ rights and their protection in criminal jurisdiction sense will serve as a warning for users to think about all possible outcomes of their actions before they activate internet link. The state protects each citizen equally, but citizens have obligation to denounce all situations in which they notice deviation from acceptable treatment. That is the only way for efficient state action and way to protect others users from illegal treatment.

Alcoholism or alcohol abuse and indulgence in alcohol is one of the most prevalent antisocial phenomena in young people and one of the main causes of their criminal behavior. Namely, there is an increasing tendency for young people to abuse and consume alcohol and to indulge in alcohol frequently as well as the incidence of committing criminal offenses by young people under the decisive influence of alcohol. The paper elaborates the criminal law aspects of protecting young people from alcoholism or alcohol abuse and points out problem of uneven and inadequate legislation in Bosnia and Herzegovina, and gives appropriate proposals for changes to existing solution in order to achieve better and more effective criminal law protection of young people from alcohol abuse.

S. Karović, Marina Simović

In this paper, the authors referred to criminal autonomy and certain specificities of the crime of international trafficking in human beings, as well as the differentiation of the said criminal offense in relation to other related criminal offenses. This criminal offense is often unnecessarily identified with other related criminal offenses, although by its criminal law it constitutes an autonomous or autonomous criminal offense with clearly prescribed objectively-subjective characteristics. International human trafficking is a complex social legal phenomenon that is not a novelty in society, but its phenomenological manifestations have changed and adapted to certain conditions and circumstances in the phenomenological sense in different periods of history. Also, this paper articulates the complexity of discovering, investigating and proving this criminal offense, taking into account the restrictive legal requirements of the criminal and material nature that determine the actions of the law enforcement entities. It is not disputed that at the international level there is a clear commitment to the efficient and energetic struggle against this criminal offense, and in that sense, numerous international legal documents that form the platform or basis for the creation of national regulations in Bosnia and Herzegovina have been drafted and adopted, appreciating the complex constitutional the structure and existence of different levels of government. However, despite all the efforts at the international and national level, it is evident that international human trafficking is nevertheless a social and legal reality that is present even in economically developed and democratically regulated states, and as such presents a challenge to the present in terms of its criminal-law suppression.

S. Karović, Marina Simović

In this paper, attention is focused on the criminal offense of extortion of statement, with the intention of the author to take a comprehensive look at the criminal law (substantive) and procedural aspect of this criminal offense. The application of repression in itself always represents a challenge in terms of legal application by persons entrusted with certain powers, given the tendency to humanize modern criminal law in Bosnia and Herzegovina, which sets high standards for competent procedural subjects. In connection with the above, the component of the efficiency of the investigation and the criminal procedure in general must not in any case be at the expense of respecting the basic human rights and freedoms of the participants in the criminal procedure. The actions of competent procedural entities are prescribed and conditioned by restrictive legal conditions in all procedural stages, starting from the initial knowledge (grounds of suspicion) of the existence of a criminal case until the end of the criminal proceedings. Precisely because of the above, it is necessary to observe this criminal offense through the prism of the general legal and social context, in order to understand properly the legal nature as well as the material and procedural specifics of the criminal offense of extortion of testimony.

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