bluuebunny/crossref_metadata_2025 huggingface dataset:
Explorando el acceso a la justicia: perspectivas de las personas con discapacidad en el marco de las Reglas de Brasilia
Authors: Lleellish Juscamayta Yeniva Isabel
Published: February 2025

En este trabajo, examinaremos el impacto de las políticas y de las prácticas actuales en el acceso a la justicia para las personas con discapacidad, centrándonos especialmente en las necesidades de las personas con discapacidad auditiva y visual. Exploraremos cómo la barrera de la incomprensión del lenguaje judicial afecta a esta población y el surgimiento de iniciativas de lenguaje accesible a nivel mundial. Específicamente, discutiremos la implementación de las Reglas de Brasilia, resaltando la importancia del lenguaje inclusivo y se enfatizará la urgencia de adoptar medidas concretas en el Perú. Concluimos en que la consolidación de las prácticas inclusivas no solo protege los derechos de los ciudadanos, incluidos aquellos con discapacidad auditiva, sino que también subraya la necesidad de que el Poder Judicial peruano logre verdaderamente una justicia equitativa en el país.
Factores de vulnerabilidad en niños y adolescentes víctimas de violencia sexual
Authors: Bustamante Maita Sherly Tania , Villanueva Altamirano Edwin Wilson
Published: February 2025

La violencia sexual es un problema multidimensional con una incidencia ascendente, sus consecuencias generan estragos a corto y a largo plazo en la víctima, así como en la sociedad. De acuerdo con la teoría de la vulnerabilidad, existen factores individuales que hacen que una persona sea más susceptible de padecer algún daño producto de las condiciones ambientales. Los menores de edad son vulnerables a ser víctimas de violencia sexual por su etapa evolutiva, y adicionalmente existen otros factores que actúan como catalizadores de la victimización, los cuales no siempre son identificados oportunamente por los auxiliares y los operadores del derecho. Bajo un enfoque cualitativo y producto de la revisión de la literatura científica, así como de las «Reglas de Brasilia sobre Acceso a la Justicia de las Personas en condición de Vulnerabilidad», el presente artículo sistematiza una serie de factores de vulnerabilidad en los casos de violencia sexual y los medios necesarios para su evaluación. Los resultados diferencian nueve tipos de factores de vulnerabilidad que pueden ejercer como mediadores del impacto de la violencia sexual en este grupo etario. Asimismo, se recomienda que la evaluación de la vulnerabilidad se efectúe desde un enfoque interdisciplinario y forense con el fin de obtener resultados que formen parte del acervo probatorio dentro del proceso penal.
Derecho Constitucional Penal y enfoque de género: juzgar con perspectiva de género
Authors: Altabe Martha Helia
Published: February 2025

El estudio analiza los efectos del control de constitucionalidad y convencionalidad en el sistema argentino, a la luz de los sistemas internacionales de protección de los derechos humanos y de los instrumentos jurídicos de los cuales es suscriptor el Estado argentino. Estos sistemas no tienen efectos derogatorios de las normas internas, sino la inaplicabilidad de estas al caso concreto y la posibilidad de disponer acciones u omisiones; es decir, órdenes de hacer o no respecto de una situación concreta a fin de salvaguardar el principio de supremacía constitucional y convencional, de modo que prevalezca el derecho subjetivo consagrado en esta normativa jerárquicamente superior. En dicha perspectiva, los referidos sistemas de derechos son de aplicación obligatoria y preferente a cualquier normativa doméstica de rango inferior. En otras palabras, no solo se trata del texto de los pactos, convenciones y tratados, sino también la jurisprudencia de la Corte Interamericana de Derechos Humanos, sus opiniones consultivas, declaraciones y resoluciones, así como los informes, recomendaciones y resoluciones de la Comisión Interamericana de Derechos Humanos, que incluso puede dictar medidas cautelares, como también los pronunciamientos, recomendaciones e informes de los organismos de Naciones Unidas. Como consecuencia, los jueces deben realizar los esfuerzos necesarios para que las medidas de reparación integral en los casos de violencia de género obedezcan a un enfoque transformador; es decir, contribuyan a la eliminación de los esquemas de discriminación y marginación que pudieron ser la causa de los hechos victimizantes.
Derecho penal y protección de datos personales
Authors: Velasco Pérez Zuleymi
Published: February 2025

El artículo analiza los antecedentes regulatorios de los datos personales en el sistema jurídico panameño; se lleva a cabo un estudio legislativo comparativo en materia de derechos digitales en Latinoamérica, así como de la problemática de la violencia digital, los tipos penales y todo lo relacionado con el derecho de acceso a la justicia en este ámbito. Como aporte, el trabajo examina las raíces sociales del problema y propone una explicación contemporánea, clara y un enfoque práctico para la aplicación de los derechos de las personas titulares de los datos personales y sensibles. Asimismo, se hacen definiciones conceptuales que permitan identificar los elementos que construyen el vínculo entre los derechos inalienables, las nuevas tecnologías y la justicia penal, y se exponen las diferentes corrientes jurisprudenciales en Panamá en relación con el derecho penal y la protección de datos personales.
El derecho humano a la vivienda digna y las posibilidades de acceso a la justicia para su protección a favor de los sectores vulnerables
Authors: Huancapaza Hilasaca Joel Emerson
Published: February 2025

El mejor criterio para entender la importancia del derecho a la vivienda adecuada o vivienda digna es el de sus fundamentos jurídicos. El problema es que mucha tinta ha corrido por parte de abogados y jueces, sin distinguir que, en cuanto a derechos humanos, como el de la vivienda digna, caben dos tipos de fundamentos: fundamentos visibles y fundamentos invisibles. Los primeros tienen que ver con el marco normativo internacional y nacional, mientras que los segundos tienen que ver con el peso moral que tiene dicho marco normativo. En el presente trabajo se exponen los fundamentos visibles de manera preeminente y se deja un esbozo preliminar de los fundamentos invisibles.
Reglas de Brasilia para jóvenes encarcelados: aplicación de las Reglas de Brasilia a la luz de la responsabilidad penal restringida para jóvenes recluidos en establecimientos penitenciarios peruanos
Authors: Ramirez Tipacti Luis Alberto
Published: February 2025

El presente artículo tiene por objetivo analizar la aplicación de las Reglas de Brasilia a la luz de la responsabilidad penal restringida para los jóvenes entre dieciocho a veintiún años, de tal manera que ello pueda contribuir a la reducción del hacinamiento en los establecimientos penitenciarios peruanos como una forma de garantizar la plena vigencia de los derechos humanos de los reclusos. Se presentará el desarrollo teórico de las Reglas de Brasilia, la responsabilidad penal restringida así como las fuentes estadísticas desarrolladas por el Instituto Nacional Penitenciario sobre la población penitenciaria en el Perú y la sentencia desarrollada por el Tribunal Constitucional respecto del hacinamiento de los establecimientos penitenciarios peruanos. Esto permitirá comprender la relevancia de la implementación de las Reglas de Brasilia para la erradicación de condiciones de vulnerabilidad de los jóvenes recluidos en los establecimientos penitenciarios peruanos, mediante la utilización de herramientas legales como la responsabilidad penal restringida. Esta reforma legislativa puede contribuir al deshacinamiento de los establecimientos penitenciarios peruanos en armonía con la plena vigencia de los derechos humanos de la población penitenciaria.
Decisions of the International Court of Justice in Gambia v. Myanmar and South Africa v. Israel Cases as a New Perspective of Adjudication of Crime of Genocide
Authors: Kreća Milenko
Published: February 2025

The author analyses the effects of decisions of the International Court of Justice in two recent genocide cases – Gambia v. Myanmar and South Africa v. Israel – as an element of progressive development of the Law of the Court in adjudicating of the crime of genocide. The Court in its decisions, both in the Judgement on Preliminary objections in Gambia v. Myanmar case as well as the orders on provisional measures in both cases, introduced the concept of obligations erga omnes partes in terms of obligations owed to a group of states, so breach of those obligations enables all States members of a group to invoke the responsibility for breach. The essential meaning of the obligations erga omnes partes, understood as secondary rules of international law, lies in the horizontal expansion of the jurisdiction of the Court ratione personae based on the subject matter of the dispute without deviating from the principle of consent as a fundamental principle of which ICJ rests. He concludes that, despite the fact that they are not free of legal difficulties, obligations erga omnes partes are valuable step in promotion of the rule of law in international community.
UK – EU Post-Brexit Cooperation in Counter Terrorism
Authors: Tatham Allan
Published: February 2025

The withdrawal of the United Kingdom (‘UK’) from the European Union (‘EU’) has had serious implications across the board, not only in terms of trade and business but also in many other fields, including justice and home affairs. Within that latter field, counter-terrorism policy is a key element and the implications for the continuing cooperation between the UK and the EU after Brexit were singularly grave. In view of the importance attached to this cooperation in counter terrorism, both sides saw it as in their best interests to try and mitigate the impact of withdrawal on security matters. Without being able to replicate the situation pre-Brexit, the two sides have nevertheless attempted to forge as close a relationship as far as possible within existing legal parameters. This work will look at how the parties have dealt with the identification and tracking of inter-state movement of terrorists; the cooperation with EU agencies; and the extradition of terrorists to the UK. It will further add some ideas on how to progress the implementation and enforcement of counter-terrorism policy between the two parties.
Election of Judges of the International Criminal Court – Towards Integrity and Transparency of the National Nomination Procedures
Authors: Kolaković-Bojović Milica
Published: February 2025

The election of judges to the International Criminal Court (ICC) is a critical process that shapes the Court’s legitimacy and effectiveness. This paper delves into the normative framework governing the election of ICC judges, explores the challenges arising from the past election cycles, examines national nomination procedures in the State Parties, and discusses the efforts to enhance these procedures. By scrutinizing these aspects, the paper aims to contribute to the ongoing discourse on improving the democratic legitimacy of the ICC through the lens of the recent, ongoing and the forthcoming activities of the Advisory Committee for nomination of judges of the International Criminal Court (ACN), but also with respect of the role that in that plays the Assembly of ICC (ASP). Since ACN plays a pivotal role in enhancing the nomination procedures for ICC judges, it has been actively engaged in developing non-binding instruments aimed at improving the transparency, inclusivity, and integrity of the nomination process. These efforts were made in response to the challenges identified in past election cycles, including concerns regarding the quality of candidates and nomination process itself, gender and geographical representation, and overall fairness.
International Law and Africa’s Perspectives on Criminal Justice Institutions
Authors: Baptiste Bukuru Bujumbura Jean , Marius Mensah Cocou , Brajović Zorica
Published: February 2025

This paper examines some international legal principles and Africa’s unique perspectives on criminal justice institutions, focusing on the 2012 Model Law on Universal Jurisdiction, the principle of complementarity and the proposal to establish the African Court of Justice and Human Rights under the 2014 Malabo Protocol. Adopting the Model Law within the African Union offers African national courts a distinctive avenue to hold perpetrators of international crimes accountable. Prompted by concerns over potential abuse and politicisation of universal jurisdiction by certain European states, the African Union’s stance reflects a proactive approach to safeguarding against perceived injustices. Furthermore, the proposal for the African Court of Justice and Human Rights aligns with the principle of complementarity vis-à-vis the International Criminal Court, showcasing Africa’s evolving role in shaping international legal mechanisms to combat impunity and crimes. This paper explores these initiatives’ motivations, challenges, and implications for Africa’s engagement with international legal frameworks.
The Emerging Trends of Online Romance Fraud in the Era of Artificial Intelligence
Authors: Sahni Jindal Sanjeev P.
Published: February 2025

The advent of the internet and the proliferation of artificial intelligence (AI) technologies have revolutionized various aspects of human life, including the way individuals form and maintain relationships. One significant consequence of this technological advancement is the rise of online romance fraud. This paper aims to explore the emerging trends of online romance fraud and its correlation with the increasing integration of AI in the digital landscape. Online romance fraud refers to a type of cybercrime where perpetrators create deceptive personas to establish fake romantic relationships with unsuspecting victims online. These fraudsters exploit emotional vulnerabilities, trust, and anonymity in virtual interactions to defraud victims of their money and personal information. With the growing sophistication of AI algorithms, fraudsters have access to powerful tools that enable them to craft more convincing and realistic personas, increasing the success rates of their fraudulent activities. This research paper will investigate the techniques used by fraudsters, the psychological and emotional manipulation tactics employed, and the impact of AI on enhancing the deception. Additionally, we will delve into the various social and economic factors that contribute to the vulnerability of victims, shedding light on the human aspects of the crime. To combat this ever-evolving threat, we will discuss potential technological and regulatory measures that can be implemented to detect and prevent online romance fraud effectively. This includes the development of AI-driven fraud detection systems, raising public awareness, and encouraging responsible online behaviour. The study draws on a comprehensive analysis of existing literature, real-world case studies, and insights from cybersecurity and AI experts. By understanding the emerging trends of online romance fraud and the role of AI in perpetrating these crimes, this paper aims to equip individuals, law enforcement agencies, and technology providers with valuable knowledge to create a safer digital environment. Only through a collective effort can we mitigate the risks and protect individuals from falling victim to online romance fraud in the era of artificial intelligence.
Exploring Cyber Safety and Security of Indian Population
Authors: Sahni O.P. Jindal Monica
Published: February 2025

Globally, around four out of ten internet users have experienced cybercrime. Based on a poll conducted in November – December 2022, only 39% of global averaged respondents reported to have experienced cybercrime. However, only three countries, India (68%), United States (49%) and Australia (40%) had higher percentage of respondents than global average of respondents who reported to have experienced cybercrime. Thus, it is imperative to understand the cyber safety and security awareness in people. In the current survey about 9066 people (students = 6458, schoolteachers = 1534, school authorities = 147 and parents = 927) responded to the survey. The results of the poll indicated that around 89% of students self-reported that they have knowledge of cyber-crime and more than 50% of responses stated that they will report to family or friends if they encounter a cyber-crime whereas 23% will report it to a cyber-crime expert, 16% of responses stated about reporting it to police, 10% stated about reporting on government website and 1% stated that no action will be taken. About 91% of teachers affirmed that they discuss cyber awareness with their students, a relatively smaller number of teachers stated the discussions regarding the specific cyber-crimes such as cyber bullying (79%) and regarding sexual predators (63%) with their students. Regarding the actions taken by parents when their children reported any cybercrime, around 29% of parents stated that they will counsel the child and 21% stated about reporting to school authorities. Around 99% of the parents self-reported that they have knowledge of cyber-crime. About 34% parents stated that they will get in touch with family and friends when encounter a cyber-crime, whereas 28% will get in touch with police, 23% will speak to cyber security expert.
Delivering Justice for Victim States – the Italian Experience in Obtaining Justice for Victims of the War through Compensation – Brief Notes By Filippo Biole
Authors: Biolé Filippo
Published: February 2025

This short paper is aimed to offer a brief food for thought on the Italian recent jurisprudence created in the last 25 years regarding access to justice for compensation claims deriving from crimes against humanity committed in wartime during the Second World War. It offers an excursus from the first case in the Supreme Court up to the proclamation by the Constitutional Court of principles in contrast with the international panorama regarding the customary principle of immunity between states, up to the proposal of supranational legal instruments with a deterrent effect for new armed conflicts between peoples under the ages of the Council of Europe.
Krivična djela protiv međunarodnog prava u krivičnom zakonodavstvu u Bosni i Hercegovini (dvije različite faze u primjeni)
Authors: Babić Miloš
Published: February 2025

In the paper, the author discusses the issue of the application of the criminal law in trials for international crimes in Bosnia and Herzegovina. In doing so, it is pointed out the existence of two different criminal law regimes that are applied to the accused: one, which is applied by the courts of the Entity and Brčko District, and the other, which is applied by the Court of Bosnia and Herzegovina. In addition, it is particularly emphasized that, in the application of the rule of temporal validity in trials for criminal offenses against international law by the Court of Bosnia and Herzegovina, there are two different phases: the first, which existed before the ruling of the European Court of Human Rights in the MaktoufDamjanović case of on July 18, 2013, which found a violation of the provision from Article 7, paragraph 1 of the European Convention on Human Rights, and another that followed after that. Special attention in the paper is devoted to the incrimination of crimes against humanity from Article 172 of the CC of BiH, which the Court of Bosnia and Herzegovina applies as a new criminal offense based on Article 7, paragraph 2 of the ECHR. The author believes that such an application of this incrimination is not founded, because it follows from the wrong content of this criminal offense that it is basically not a new criminal offense, and therefore its punishment cannot be derived or based on this provision, that is, on the general principles of international law.
Ustupanje krivičnog gonjenja stranoj državi kao oblik međunarodne pravne pomoći u krivičnim stvarima
Authors: Ćorović Emir
Published: February 2025

This article refers to one type of international legal assistance in
criminal matters, the ceding of criminal prosecution to a foreign state. It is
about a situation where one country, on whose territory a criminal offense
was committed, cedes criminal prosecution to another country, of which the
defendant is a citizen or in which he has a place of residence. This deviates
from the territorial principle of spatial validity of the criminal legislation
of one state. Like any other form of international legal assistance, the ceding
of criminal prosecution is primarily carried out on the basis of international treaties, and if there are no such treaties, then the national law is
applied. The article will discuss the basic features of this institute, with a
special focus on the provisions of the Law on International Legal Assistance
in Criminal Matters of the Republic of Serbia, regarding the ceding of criminal prosecution to a foreign state.
Teorijski i praktični aspekti posrednog izvršilaštva u međunarodnom krivičnom pravu
Authors: Đokić Ivan
Published: February 2025

The Rome Statute of the International Criminal Court is the first international legal document to establish a fundamental distinction between perpetration and complicity as forms of involvement in international criminal offence. Until then, in doctrine as well as in the practice of international courts, no principled distinction had been made between perpetrators and accomplices; instead, all individuals who contributed to the commission of an international crime by their conduct were simply considered its perpetrators. Article 25 of the Rome Statute not only clearly separates perpetration from complicity, thereby establishing hierarchically ordered forms of responsibility, but also precisely defines perpetration itself by structurally reducing it to its three typical forms: direct perpetration, indirect perpetration, and co-perpetration. Indirect commission of a criminal offence has thus emerged from the multi-decade shadow of the uniform model of perpetration and has acquired clearer contours by specifying that the responsibility of the indirect perpetrator does not depend on whether the individual instrumentalized and used as a means of commission is criminally liable for the accomplished criminal act. The question of which situations justify the application of the construct of indirect perpetration in international criminal law is not directly regulated but is left to closer definition by theorists and practitioners, although the practice of the International Criminal Court has already established firmer criteria in that direction, clearly indicating the theoretical model on which the application of this form of perpetration is based (the theory of control over the act based on an organized apparatus of power). However, the question still remains open as to whether indirect perpetration can be considered a part of customary international law and whether its future looks bright, as hinted at by the few decisions of the International Criminal Court so far, or whether other forms of responsibility will take precedence in the meantime in the realm of the responsibility of state leaders and leaders of (criminal) organizations for international crimes.
Upotrebe sistema veštačke inteligencije u oružanim sukobima – pravna zaštita i pravni izazovi
Authors: Miljuš Ivana
Published: February 2025

The use of AI systems/elements during/in relation to armed conflicts imposes numerous ethical and legal challenges, starting from fundamental principles in the field of formulating basic principles of creating AI algorithms, human control over them, and adequate and rigorous testing of their security. In this paper legal challenges and the need for legal protection from the use of AI elements and forms in the domain of armed conflicts are emphasized. The subject of numerous scientific and expert discussions at the international level is the potential ban on the use of „Lethal Autonomous Weapons Systems” („LAWS”), the ability of AI algorithms to respect the principles of international humanitarian law, the need for regulation of the use of AI elements and forms for military purposes – „autonomous” weapons systems, and highlighting the requirement/guideline for „meaningful human control” over the system. One of the fundamental questions is whether institutes of international criminal law can be applied in situations where the elements of international crimes, primarily war crimes, are realized due to the actions of combat means possessing elements of AI or whether it is necessary to formulate new/additional legal rules. The author in the paper highlights the main types of use of AI systems during armed conflicts/in relation to armed conflicts: embedding in weapon systems, use in cyber and information operations, and „information warfare”; informational, support, and analytical roles of AI software.
Druga nehumana dela kao radnja zločina protiv čovečnosti
Authors: Ranđelović Višnja
Published: February 2025

The paper analyzes other inhuman acts as the only act of crime
against humanity that is prescribed in a general way. After a historical
review, the elements of other inhuman acts prescribed in the Statute of the
permanent International Criminal Court and the Elements of Crimes are
analyzed. The author explains the meaning of two key features of other
inhuman acts - similarities in character with other acts of crimes against
humanity and the consequences of these acts. The practice of international criminal courts in determining acts that meet the criteria to be
considered other inhumane acts is also presented.
Načelo zakonitosti u međunarodnom krivičnom pravu
Authors: Škundrić Aleksa
Published: February 2025

The subject of this paper is the r esearch of the place and substance of the principle of legality within the framework of the International Criminal Law. Firstly, the author briefly shows the main features of the said principle in general and compares its status in Continental and AngloAmerican (common law) legal systems. Afterwards, he researches the historical genesis of the principle of legality in the International Criminal Law and especially its place in the practice of International Military Tribunals in Nuremberg and Tokyo and the ad hoc International Criminal Tribunals of the UN Security Council for former Yugoslavia and Rwanda. The author concludes that the principle of legality, more famously expressed through Latin maxim nullum crimen, nulla poena sine lege, exists in the Customary International Law, but in a form that is too extensive, as a principle of legality sui generis. In this regard, it is pointed out that the Rome Statute of the International Criminal Court has made an attempt to bring the meaning of the principle of legality in the International Criminal Law closer to the one it has in the Continental Criminal Law system. However, the Rome Statute is still considered to represent particular International (Criminal) Law and as such its provisions, including the ones concerning the principle of legality, apply only to the member states of the Statute. Finally, the author is putting forward his stance regarding the issue of the direct application of the International Criminal Law in the national legal systems, in the context of the principle of legality.
Odgovornost pravnih lica u međunarodnom krivičnom pravu
Authors: Šopalović Jelena
Published: February 2025

After a brief review of theories on the criminal liability of legal
entities and solutions in national legal systems, the paper starts with the
idea of introducing criminal liability of legal entities in international law
acts and bodies. The following is an analysis of positive legal solutions in
international criminal law, the interdependence of human rights and international criminal law, with a special scope on compliance programs and
HRDD. The final part gives an overview of criminal proceedings before
the district courts of France and Sweden against the accused of international criminal offences, with the conclusion that an increase in the
number of criminal proceedings against corporations before national
criminal courts, based on the principle of universal jurisdiction, can be
reasonably expected.
Istorijski koreni instituta komandne odgovornosti u međunarodnom krivičnom pravu
Authors: Bojanić Ognjen
Published: February 2025

Observing the army and the police as iron, strictly disciplined and organized sectors, it can undoubtedly be said that they are one of the most complex systems on which states and all other forms of social communities rested in history. In this regard, in order to ensure their more effective action, it was necessary to establish a clear relationship between superior and subordinate, or as the ancient military leader Clearchus said: “A soldier should fear his superior more than his enemies”. However, as in history the position of a superior implied unlimited broad powers and the punishment most often threatened only in the event of a cataclysmic defeat in the war, gradually and over a long period of time the question of his responsibility for the commands he issued was introduced. Thus, from the beginning of the 20th century, it could be clearly seen for the first time that the institution of command responsibility was being introduced through the back door, and to the extent that international law had been developed until then. Gaining more and more awareness, and going through the horrors of two world wars and the trial of those responsible for their outbreak, on the international level there was an increasing need to create a widely accepted, supranational criminal law that would also contain a definition of command responsibility and on the basis of which it would be prosecuted persons for potentially committed criminal acts.
Ubijanje, zlostavljanje i napuštanje životinja u Srbiji – (ne)primena zakonskih odredbi
Authors: Bajović Vanja
Published: February 2025

In Serbian Law, cruelty to animals is prohibited under article 269. of the Criminal Code (2005) and under Animal Welfare Act (2009) that contain a detailed and long list of misdemeanors in this area. However, the small number of criminal and misdemeanor proceedings for these offences does not indicate that animal cruelty is rare in Serbian practice, but on the contrary, that these offences are rarely reported and prosecuted. Unwillingness of the competent authorities to work on detection, prosecution, and punishment of these crimes, confirms the thesis that issues as ecology, environmental protection, animal protection, and similar are priority issues for “richer and societies”, while in poorer countries preoccupied with economic, social, national, and ethnical problems, these topics are not on the priority list. However, the issue of animal welfare is an issue of the degree of development of a particular society, its care for the weaker and powerless, the development of empathy, the suppression of violence and the development of awareness of others and different with whom we share the planet. In the paper are analyzed normative characteristics of the criminal offence and misdemeanors related to cruelty against animals, their mutual relations in the light of ne bis in idem principle, and practical application of these provisions according to available judicial data. The first part of the paper is dedicated to legal analyze and practical application of the criminal offence killing and abuse of animals (art. 269 of Serbian CC). The second part of the paper deals with abandoned animals, so called “street dogs and cats”, who are the easiest victims of cruelty, giving practical guidelines and legal proposals in order to improve the situation in this area.
O aksiološkoj dimenziji prava
Authors: Brkić Snežana
Published: February 2025

This paper focuses on some general theoretical and philosophicallegal considerations on the axiological dimension of law. Law as a regulator
of social relations is not a value-neutral category. Certain social values
permeate into law by being linked to its further, overarching goals, which
are of a non-legal nature. All factors participating in the process of creation,
application, and scholarly treatment of law should take into account the
axiological dimension of law. Legal principles represent the most suitable
mechanism through which the world of values permeates into the world of
law. Their ratio lies precisely in shaping legal norms according to deeper
and more enduring values. Therefore, legal principles bear the civilizational mission of law. All legal values can be classified into two groups:
material and technical legal values. Material legal values are generated
from the catalog of general social values, and their mission is to imbue
legal entities with appropriate meaning and purpose. Technical legal values
are produced solely by law, aiming to ensure the internal meaningfulness
of the legal system and its capacity for efficient application.
(Eks)teritorijalno dejstvo načela ne bis in idem
Authors: Buha Milijana
Published: February 2025

The extraterritorial effect of the principle ne bis in idem confirms the rule that the court decisions (do not) operate within the borders of national jurisdiction, but the same decisions can be executed in another country, by accepting the idea of freedom of movement of foreign court decisions established, by the Framework Decision on the European Arrest Warrant or by applying the institute of recognition and enforcement of foreign court decisions. On the territory of the European Union it is indisputable the extraterritorial effect of the principle ne bis in idem, but also the interprocsual effect of this principle. The Volkswagen case by the European Court of Justice confirmed that procedural interference lispendentio as part of the principle ne bis in idem and prevents the initiation of proceedings for the same offense in another member state of the European Union. The penalty imposed of 5,000,000 euros Volkswagen Group at Italy is considered a criminal penalty even it was imposed in an administrative procedure. The imposed fine has a repressive effect and preventive purpose. Recognition of the intertrial effect of the ne bis in idem principle is disputed when we talk about act wich have the characteristics of a disciplinary offense and a criminal offense, because the punishment imposed in the disciplinary procedure concerns a certain group of citizens, it has no effects of general prevention. The interprocedural effect of the ne bis in idem principle means that the sentence imposed in another criminal proceeding (misdemeanor, administrative) is an obstacle to the initiation of criminal proceedings for the same offense to the same person. But the interprocedural efect of the principle ne bis in idem does not necessarily exclude criminal prosecution, by accepting the rule od criminal law merger of sentence.
Trgovina djecom radi usvojenja – normativni okvir
Authors: Vučković Branko , Vučković Vesna
Published: February 2025

As one of the most serious forms of violation of human rights, today,
it is certainly trafficking in human being, especially children, when it is
done for the purpose of adoption. The adoption of children is regulated by
certain international and national documents, however, when we talk
about children trafficking, the legislative framework is bypassed for the sake of adoption, because it is a special criminal offence. In the paper, the
authors will deal with the basic characteristics of this criminal offence,
international documents that regulate this area, whether it is adoption or
a specific form of criminal activity. They will also point out the difference
between children trafficking and smuggling, the proof and the way this
criminal offense is committed. This criminal offense was first introduced
into the Criminal Code of Montenegro, which has been applying since
2004, and this offense has undergone certain changes and amendments,
so that criminal offense will be analyzed from the aspect of regulations in
the Criminal Code of Montenegro.
Evropski komitet za sprečavanje mučenja i nečovječnih ili ponižavajućih kazni ili postupaka i njegova uloga u modeliranju i ostvarivanju prava lica lišenih slobode u Bosni i Hercegovini
Authors: Mitrović Ljubinko , Janjić Miroslav
Published: February 2025

In all modern legal systems, international legal documents, i.e.
the standards prescribed thereof, play an important and often inevitable
role. One such document is particularly important for the position of
persons deprived of their liberty and their rights – the European Convention on the Prevention of Torture and Inhuman or Degrading Treatment
and Punishment. It is a legally binding document, a treaty on human rights,
that is, an international instrument that has reached almost universal
ratification nowadays. It is also an act that obliges the signatory states
of the Convention to undertake all appropriate legislative, administrative, social and educational measures for the protection of this category
of persons.
Višestruki povrat u zakonodavstvu Republike Srbije sa uporednim prikazom instituta povrata u zemljama Evrope
Authors: Mrvić Milena , Hubić Hurković Lejla
Published: February 2025

In the first part of this paper, the authors presented the institute of
reoffending, that is, multiple reoffending in domestic legislation, as well as
its various modalities that appear in the criminal law legislation of Serbia,
from its introduction until today. Also, in addition to the above, the paper compares the legal regulations related to the punishment of recidivist in
the other European countries. In order to make the work more systematic,
the European countries covered are divided into two subheadings, that is
countries of the region (Montenegro, Croatia, Bosnia i Herzegovina) and
other European countries (Czech Republic, Federal Republic of Germany,
Republic of France).
Disruptivni potencijal blokčejn tehnologije za unapređenje međunarodne pravne saradnje u krivičnim stvarima
Authors: Popović Uroš
Published: February 2025

Blockchain technology represents significant potential for enhancing international legal cooperation in the context of criminal justice. This innovative technology offers solutions to some of the most significant challenges faced by legal and judicial systems, such as slow processes, differences in legal systems, high costs, technical limitations, and language barriers. By utilizing blockchain, greater transparency, immutability of data, rapid information exchange, and increased security can be achieved, contributing to the efficiency and transparency of international judicial cooperation. The paper explores in detail the specific applications of blockchain in international cooperation in criminal matters, with a particular focus on the digitization and secure exchange of court decisions, the interconnection of national databases for information sharing, as well as the use of blockchain for the rapid and confidential transfer of evidence between states. Technical, legal, and organizational barriers to blockchain implementation will be considered, along with ways to overcome them. Additionally, the paper will analyze how blockchain enhances trust between judicial systems, eliminating the need for intermediaries and facilitating transnational cooperation. The anticipated benefits include accelerated court proceedings, reduced costs, enhanced data security and confidentiality, and facilitated cooperation between countries with different legal systems. Finally, potential barriers to implementation, such as regulatory challenges, technical limitations, and privacy issues, will be explored, along with possible solutions to overcome them.
Kazna doživotnog zatvora – represija, prevencija ili na korak od vraćanja smrtne kazne
Authors: Knežević Bojana
Published: February 2025

In this paper, as follows from the title itself, we will deal with the purpose of life imprisonment, which is becoming more and more present in the criminal legislation of the countries of the world, which deserves special attention in scientific circles as well. The question arises whether its purpose is to act preventively, or whether it is a “humane” substitute for the death penalty and why we rely so much on this punishment with the aim of “saving” society from “irreparable” criminals. It will not be possible to deal with this punishment without touching on the death penalty. The paper will focus on the reasons for the introduction of life imprisonment in the legislation, as well as the judgments of the European Court of Human Rights with the aim of investigating the view of this court on life imprisonment. We will also touch on the Rome Statute, which foresees the possibility of imposing a sentence of life imprisonment, although it has not been imposed so far. After that, we will pay attention to the criminal legislation of Serbia and the changes to the Criminal Code from 2019, when the sentence of life imprisonment was returned to the legislation, as well as the role of the public in making changes. Special attention will be paid to the resocialization of those sentenced to life imprisonment, as well as minors and children, that is, there will be talk about the age limit for criminal responsibility.
Primjena pretpostavke nevinosti u krivičnom postupku Crne Gore i u međunarodnom krivičnom pravu
Authors: Anđelić Milica
Published: February 2025

The presumption of innocence is one of the fundamental principles
in criminal proceedings of the civilized world; moreover, it is also one of
the basic human rights, and therefore its application should not be questionable. This paper will discuss the application of the presumption of
innocence of the accused in the criminal procedure of Montenegro, specifically how it is actually violated and how little importance is given to it.
The question arises whether one of the basic human rights in Montenegro
is sufficiently protected, whether discrimination occurs here too, and
whether everyone enjoys equal protection of this right. Furthermore, the
paper will examine how this right is protected and applied in international criminal law and in the leading countries of the EU. It will explore
whether they too face problems with the non-respect of this right, where
the media might be the biggest violators of this right. There will also be
discussion on the judgments of the European Court of Human Rights
regarding the violation of the presumption of innocence.
Sociologija rata i pravna nauka – kultura nasilja u kontekstu funkcionalne analize prava
Authors: Bovan Saša
Published: February 2025

In this paper, war, aggression, and the culture of violence are examined from a socio-anthropological perspective, meaning that the starting point of the paper is the generic essence of humans as a distinct species. The doctrinal basis of this analysis is the theory of evolution in its modern form, which begins with the idea that so-called “open behavioral programs”. Open behavioral programs are type of biological curiosity towards seeking beneficial behaviors and they are the key driving mechanism of the evolution of the Homo genus. The most significant consequence of such evolutionary process, in the case of Homo sapiens, is that the transition from the realm of necessity to the realm of freedom occurs through the “logic” of an existential paradox, where forced solidarity as a model of biological behavior and as a genetic predisposition of humans clash and intertwine with the cultural unlimitedness of humans as the basic, but now social, consequence of that forced (biological) solidarity. The most notable feature of biological solidarity is that human cooperation exhibits an extremely competitive character. The most notable feature of cultural unlimitedness is the principle of maximal satisfaction of needs (both at the individual and species levels). These two principles combined create a vast and inexhaustible generator of egoism, aggression, and violence, ultimately leading to dreadful wars, so it can be freely said that the world of human culture is primarily a world of the culture of violence. For the reasons presented, the establishment of effective mechanisms of social control, especially through the legal order, is the foremost task of every society and all of humanity. In this context, starting from the formulated evolutionary paradox and its consequences, it can be said that law, in addition to its social and technical functions, also serves a socializing function towards limiting human cultural unlimitedness. Since this function is primarily aimed at limiting, channeling, and suppressing collective violence, which is the strongest disintegrative factor in society, and considering the origin of that violence, the socializing function of law as explained here has a pronounced anthropological character, in the sense that it is existential for the human species, and considering that it stems, in the presented manner, from the biological basis of humans. At the end of the paper, examples from national legislation (primarily criminal law) and international legislation (humanitarian, international criminal law) are provided to illustrate how the anthropological function of law can be expressed in a nomotechnical manner.
Vladavina prava u neredovnom stanju – neki odgovori evropskih ustavnih sudova na kovid-19
Authors: Petrov Vladan
Published: February 2025

In the first part of the paper, the author indicates the need to review the liberal-democratic concept of the rule of law. He emphasizes the need to present the contemporary rule of law as a practical concept, in addition to the appropriate theoretical foundation. In the second part, the author makes several comments regarding the modern concept of a state of exception, and especially a state of emergency. He points to the importance of the relationship between political authorities and courts, as well as the readiness of courts and constitutional courts to exercise legal control over emergency measures. In the third part, with a selective comparative review of reference constitutional-judicial decisions, the author confirms the thesis that an state of exception is today a constitutional state in which the principle of the rule of law must be respected equally, if not more than in a normal (constitutional) state. The author concludes that the legal control of extraordinary measures that derogate from human rights has become a constant in the practice of constitutional courts. It can be evaluated as a positive step forward in solving potential new challenges of the state of exception in the future.