Search results

The statutes of the law of somebodiness criminalising the law of nobodiness -- The law of somebodiness in international criminal law -- International criminal law prohibiting the law of nobodiness -- The capstones of the law of somebodiness condemning the law of nobodiness -- The sculpture of justice in the law of somebodiness -- International criminal validity of the law of somebodiness -- Proceedings legalising the law of somebodiness and nullifying the law of nobodiness -- Indispensable criminal principles of the law of somebodiness -- The permanent international criminal court in the aquarium of justice -- The law of nobodiness violating international human rights criminal law collusion between the law of somebodiness and the law of nobodiness -- Conclusion.

From the adoption of the Criminal Code in 2006 until the latest amendments of 2019, the Serbian criminal legislation treated recidivism as an optional aggravating circumstance, which had its specific legal status in comparison with other mitigating and aggravating circumstances. According to the new legal solution, instead of being optional, recidivism has become a mandatory aggravating circumstance. Together with clearly specified conditions for harsher penalties this narrows down the possibility of free judicial decision-making when meting out punishment. The paper answers several questions: whether harsher penalties for recidivists are only the result of continuous tightening of repression at a normative level, whether and to what extent the criminal-law framework has been improved, and whether returning to some solutions, which were not normally applied in court practice, can be marked as appropriate to achieve the desired degree of crime prevention. Final critical conclusion is that the new legal solution on recidivism appears regressive, given that the court is strictly bound by the law through oblitatory conditions regarding prior and persistent offending, which is in compliance with the general trend of tightening repression at the normative level and reducing the role of the court to the level of administrative application of the norm.

Starting from the definition of economic crime as a totality of illegal acts committed by an individual or a group of individuals to obtain a financial or professional advantage, criminal law protection of this type of crime is becoming more popular both from a theoretical and practical point of view, primarily due to its constituent elements (system of incrimination, subject of economic offense and forms of responsibility, sanctions), and secondary by identifying opportunities for its conception and realization. Therefore, this paper, analyzes situation both in terms of determining the causes of economic crime and responsibility for economic crimes, and in terms of the legal and factual opportunity to realize the criminal law protection in a modern democratic society and market economy, establishment and implementation of appropriate repressive and preventive measures to combat this type of crime

Euthanasia or "sweet death" is a topic that has sparked numerous debates throughout history. In Albania, the right to life is protected by Article 21 of the Constitution of the Republic of Albania. Regarding the individual's right to die in Albania, both forms of euthanasia, the passive and the active one, are considered criminal offenses and are punishable by law. The problem lies in the fact that such a definition is not found in the Albanian legislation, but such actions are considered as criminal by the interpretation of the law. In this topic we will study the perception of Albanians regarding euthanasia and whether the Albanian legislation should include this form of soft death or not. The protection of life in the country should take the dimensions of a sustainable protection. For this reason, in addition to the positive effects of improving life protection that derive from the application of the entirety of the various criminal justice programs and policies, also including the recent amendments to the Criminal Code of the Republic of Albania, a concrete and continuous protection should be provided in support of the right to life. I have always drawn a debate on this issue, which deals with the fundamental human right, with the most sacred right, that of life.

AbstractEnvironment crime is among the European Union's central concerns. The TampereEuropean Council of 15 and 16 October 1999 at which a first work program for theEuropean Union action in the field of Justice and Home Affairs was adopted asked thatefforts be made to adopt common definitions of offences and penalties focusing on a numberof especially important sectors, amongst them environment crime. But despite this agreementabout the importance of joint the European Union action, environmental criminal law hasbecome the centre of a serious institutional fight between the European Commission,supported by the European Parliament on the one hand and the Council, supported by thegreat majority of the European Union member states on the other hand. At stake is nothingless than the distribution of powers between the first and the third pillars, and therefore alsobetween the Commission and the European Union's member states. The effect of this fight iscurrently a legal vacuum on general environmental criminal law that was closed with theDirective 2008/99/CE, taking into consideration the cross-border dimension of environmentalcrime and the existing significant differences in the national legislation of the EuropeanUnion member states.

The idea of international criminal law -- International law preliminaries -- International criminal tribunals: from Nuremberg to the Hague and and beyond -- Comparative criminal procedure and sentencing -- Jurisdiction -- Immunities -- U.S. constitutional rights in a transnational context -- Obtaining evidence abroad -- International extradition and its alternatives -- Organized crime -- Trafficking in persons, drugs, arms and antiquities -- Money laundering -- Corruption -- Terrorism -- The international criminal court -- Modes of participation and mens rea -- Defenses to international criminal prosecutions -- Crimes against humanity -- Genocide -- War crimes and the crime of aggression -- Torture and cruel, inhuman, and degrading treatment or punishment -- Sexual violence -- Alternatives to prosecution after atrocity: a survey of other transitional justice mechanisms