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Crimen (Beograd)
ISSN 2217-219X · University of Belgrade - Faculty of Law, Belgrade & Institute of Comparative Law, Belgrade · 129 artikel di indeks
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Rehabilitation, resocialisation, and reintegration: Addressing legal and practical barriers to recidivism prevention in Croatia
This article examines prevention in the criminal justice system through three main steps. First, it conducts a conceptual analysis of rehabilitation, resocialisation, and reintegration, reviewing terminological ambiguities at the international level and in Croatian legislation, where definitions…
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Criminal law protection of the environment in European Union law
The paper discusses the development of rules on criminal law protection of the environment adopted at the European Union level. It is indicated that this development proceeded from the complete dependence of these rules on administrative rules on environmental protection, through their gradual…
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Chronology of events as a refutation of allegations of participation of the Serbian leadership in a "joint criminal enterprise" in Bosnia and Herzegovina
This paper examines the doctrine of participation in a joint criminal enterprise (JCE), which, although not expressly provided for in the Statute of the International Criminal Tribunal for the former Yugoslavia (ICTY), was nevertheless established and extensively applied in the jurisprudence of the…
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The complex role of children in armed conflicts: International legal protection and international criminal court jurisprudence
Armed conflicts represent a deviation from the regular state of affairs in countries and affect every segment of life. The first association with armed conflicts is violence - both mutual violence between members of opposing armies and violence against vulnerable categories of people who do not…
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Selectivity in the practice of the international criminal court
This article examines the practice of the International Criminal Court with particular reference to its engagement in relation to armed conflicts in Ukraine and Palestine. The aim of the research is to assess whether differences in the temporal dynamics of proceedings, institutional support…
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Search as an evidentiary action in the law and case law of the Republic of Serbia
The paper examines the evidentiary action of search, focusing on its normative framework and legal nature, as well as on selected examples from judicial practice. Particular attention is given to the standards developed through the case law of the European Court of Human Rights, given that search…
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Selected phenomenological aspects of violent juvenile crime in Serbia with special reference to serious murder
Juvenile crime is a topic that often occupies the public's attention. Although the dominant public image of juvenile crime implies a narrative of a steady rise in juvenile crime rates, increasingly violent crimes, and increasingly brutal younger generations, the question arises as to whether this…
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Nuclear weapons and international criminal law
The main goal of this paper is to research the position of nuclear weapons, i.e. their use and threat, under international criminal law. In that sense, the author, after introductory remarks on some of the most relevant technical issues regarding nuclear weapons, as well as a brief overview of the…
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(In)adequate assessment of mitigating and aggravating circumstances when sentencing perpetrators of the criminal offense of rape in the case law of the High Court in Novi Sad
In this paper, the author focuses on the circumstances that the High Court in Novi Sad considers as mitigating or aggravating when sentencing the perpetrators of the crime of rape. The research was important primarily due to the severity of prison sentences imposed, which are at the level of the…
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Truth in international criminal justice, truth in transitional justice and the right to the truth
The author points on eternal dilemma on importance and role of the truth in criminal proceedings. Analyzes the importance and the role of the truth in international criminal judiciary and transitional justice, especially addressing the Right to the truth as human right and international custom…
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Conditional release and penal policy
This paper deals with the concept of conditional release, for which, although it has existed in criminal legislation since the 19th century, there are disagreements on some issues, from the question whether it is a criminal or penal concept, which law should regulate it, and the like. In the paper…
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Crime victims and the right to compensation: International standards and challenges in Serbia
In this paper author sheds a light to the right to compensation for crime victims in Serbia, analyzing it from the multiple perspective: the relevant international standards, applicable national legal framework, the current state of play in the practice of Serbian courts, the recent progress made…
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Theoretical framework for an analysis of the recent criminal law reforms in Poland
The analysis of criminal law reforms in Poland from the perspective of criminal punishment as a complex legal and social institution of a processual nature is intended to present the concept of a critical examination of the punitiveness of the penal system. That critical approach is intended to…
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Current issues regarding aggression in international public and international criminal law
The paper analyzes the crime of aggression through the development of the international community up to the present time and current issues related to aggression. It points out the specifics of this crime that do not exist in relation to other international crimes. Aggression as a crime against…
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Legislative reform viewed from the interrelations of certain criminal offences
Denoting the negative trends within the reform of the special part of criminal law, this paper critically analyzes the following criminal offences: aggravated murder (art. 114, par. 1, it. 6, 7 and 8. CC), serious bodily harm (art. 121, par. 6. CC), obstruction of justice (art. 336b par. 2. CC)…
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Detention measure in the preliminary investigation procedure
This paper examines the detention measure imposed during the preliminary investigation procedure on arrested and suspected individuals, based on article 294 of the Criminal Procedure Code of the Republic of Serbia. It concerns a form of deprivation of liberty ordered by the public prosecutor, who…
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The explanation of the main characteristics of penal populism and examples of penal populism in some criminal law provisions and planned amendments of the Criminal Code of Serbia
The article explains the main characteristics of penal populism as one very interesting criminological phenomenon and the basic manifestations of penal populism in some amendments and provisions of the Criminal Code of Serbia. This is especially reflected in some areas of criminal-justice…
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Navigating lifelong imprisonment, human rights, and evidence-based justice in a post-death penalty era
The global shift away from the death penalty has elevated lifelong imprisonment as a primary alternative, prompting a critical examination of its conceptual, legal, and human rights dimensions. This exploration navigates through diverse legal definitions and cultural interpretations, emphasizing…
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The obligation to conduct an effective investigation: International standards and practice
International and regional documents for the protection of human rights do not explicitly prescribe the duty to investigate human rights violations, this positive obligation is derived from accepted obligations. However, the investigation must satisfy certain general criteria. International and…
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Colonial genocides
In this paper, the author addresses the question of the justification and validity of using the term colonial genocides, as well as the place and significance of acts of extermination committed by colonial conquerors against the Indigenous peoples of the territories they seized, and the…