The wars and armed conflicts have often resulted in violations of international humanitarian law, and often commit the most serious international crimes such as war crimes, crimes against humanity, aggression and genocide. However, only in the XX century the rule was articulated idea of establishing a body of international criminal justice in order to prosecute these crimes and their perpetrators. The first steps in this field have been made by establishing the International military tribunals for war crimes at Nuremberg and Tokyo, and the formation of ad hoc tribunals for the former Yugoslavia and Rwanda. In the end, The International Criminal Court was established in Rome in 1998 with the aim of justice and in order to give satisfaction the victims of crimes and their families. The aim of the paper was to provide a historical and comparative analysis of the institutions of international criminal justice based on which these institutions de lege lata fulfilled the goals of individual criminal responsibility and justice. Furthermore, the authors suggest de lege ferenda that the Permanent International Criminal Tribunal, in addition to the prospective case, also takes over the current ICTY and ICTR cases.
The paper gives an overview of the hindermost reform of criminal legislation from May 2019 in relation to imprisonment in the Republic of Serbia. From a theoretical point of view, the legal provisions of imprisonment and life imprisonment for the most serious crimes in the criminal legislation of the Republic of Serbia have been analyzed. Along with arduous debate in scientific and professional circles, the amendment to the Criminal Code of the Republic ofSerbia from December 1, 2019, introduced a life sentence for perpetrators of serious crimes. In this way, the previous long-term prison sentences of 30 to 40 years in prison are included in the sentence of life imprisonment. In relation to imprisonment, the Criminal Code prescribes a special minimum sentence of imprisonment which may not be less than thirty days and a special maximum sentence of imprisonment which may not exceed twenty years. The paperalso contains an analysis of court practice regarding the pronouncement of prison sentences (prison and life imprisonment) as well as unconditional and conditional prison sentences for the convicted in the last seven years (2014-2020). Based on the conducted research and theoretical analysis, possible proposals were pointed out de lege ferenda.
Forced marriages of children are one of the forms of exploitation in the commission of the crime of trafficking in human beings. Children are treated as a commodity, sold to interested parties for the establishment of a family, while the children, victims of trafficking, are completely deprived of their human (children) rights, their health is impaired, they are deprived of the right to education and denied the development of their personality as well as belonging to their own family. Children who have suffered such a serious crime will cope with extremely serious consequences all of their lives. The first part of the paper covers the concept, scope and causes of this form of exploitation of children and the consequences that children need to cope with. The second part presents the international legal framework relating to the suppression of trafficking in children as well as the documents to guarantee international protection of children and their rights. Furthermore, it points out to the national legislation, principally in the field of criminal law, but also other blanket regulations which ensure the protection of children and their rights. This paper also analyses the collected data on child victims of forced marriage. In concluding remarks, listed are recommendations de lege ferenda in combating exploitation of children for the conclusion of forced and arranged marriages and other forms of exploitation of children.
Autorica u radu daje pregled i analizu kaznenog zakonodavstva Republike Hrvatske u vezi s kriminalnim djelatnostima krijumčarenja ljudi i trgovanja ljudima. Upućuje na sličnosti i razlike između kaznenih djela protuzakonitog prebacivanja osoba preko državne granice odnosno protuzakonitog ulaženja, kretanja i boravka u RH, drugoj državi članici EU-a ili potpisnici Šengenskog sporazuma i trgovanja ljudima, uspoređujući i analizirajući pravne norme starog i novog Kaznenog zakona Republike Hrvatske, međunarodne dokumente te sudsku praksu. Ističe se nužnost što ranijeg prepoznavanja počinjenog kaznenog djela, naročito s aspekta žrtve. Skreće se pozornost na neujednačenost sudske prakse u pogledu pitanja koristoljublja kao bitnog elementa kaznenog djela, ali isto tako i na nepostojanje jasno definiranog pokušaja pri počinjenju kaznenog djela protuzakonitog ulaženja, kretanja i boravka u RH, drugoj državi članici EU-a ili potpisnici Šengenskog sporazuma. U radu se istražuje i analizira postojeće stanje u vezi s nezakonitim prelascima državne granice Republike Hrvatske na temelju dostupnih statističkih podataka. Učinjena je i analiza stanja de lege lata u sudskoj praksi u odnosu na prijavljene, optužene i osuđene osobe za krijumčarenje ljudi te, isto tako, posebno za trgovanje ljudima. Zaključno se daju prijedlozi i mjere de lege ferenda koje je nužno provesti u cilju suzbijanja krijumčarenja ljudi i trgovanja ljudima te što uspješnije borbe s ovom vrstom organiziranog kriminala. ; The author of the paper provides an overview and analysis of Croatian criminal legislation with regard to criminal activities of human smuggling and trafficking. She points out to the similarities and differences between the criminal acts of illegal transfer of persons across the state border or illegal entering, movement and residence in the Republic of Croatia, other EU Member States or signatories of the Schengen Agreement and human trafficking, comparing and analyzing the legal norms of the old and the new Criminal Code of the Republic of Croatia, international instruments and jurisprudence. Emphasized is the importance of early recognition of the criminal act, especially for the victims. Attention is drawn to the disparity of case law on matters of personal gain as an essential element of this criminal activity, but also to the absence of clearly defining the act of attempting illegal entering, movement and residence in the Republic of Croatia, other EU Member States or signatories of the Schengen Agreement. This paper investigates and analyzes the current situation regarding illegal crossing of state borders of the Republic of Croatia on the basis of available statistical data. Conducted was the analysis of the situation de lege lata in case law in relation to persons registered, accused and convicted of human smuggling and, also, especially for human trafficking. In conclusion, given are the proposals and measures de lege ferenda that need to be implemented in order to combat human smuggling and trafficking, and to successfully fight this type of organized crime.
Tax fraud, the most serious type of tax evasion, is the most frequently committed crime against the economy, both in the context of individual and organized crime. Given that it causes significant damage to the state budget, it occupies a significant place in the substantive and procedural legislative framework. The authors critically analyze tax fraud within the framework of the latest positive legal solutions. Lowering limit of criminal tax evasion opens certain issues of substantive and procedural nature. In addition, the link between tax fraud and corruption necessitates the inclusion of the aforementioned crime in the scope of work of special anti-corruption departments. In the case of high corruption, tax fraud is expected to be treated equally as existing and newly introduced crimes against the economy, which The Republic of Serbia has not bypassed in the National Anti-Corruption Strategy. The paper covers some of the issues of tax fraud processing and in accordance with that, proposals are presented de lege ferenda in the direction of overcoming possible difficulties in practice.
The subject of the paper is the European Arrest Warrant as a Model of Extradition of EU Member States, established by the EU Council Framework Decision (2002/584/ PUP) of 13 June 2002 about the surrender procedure between the EU Member States. The introductory part of the paper gave a brief overview of the idea of the unification of Europe after the II World War and in this regard the adoption of the EUW as a substitute for slow and insufficiently effective extradition. The central part of the paper contains an exposition of its concept, legislative framework, substantive and procedural legal conditions for publication and content. The EAW can not be issued for all offenses, but only for the works listed in the Catalog 32. The principle of double punishment has been abolished for some serious crimes, as well as the prohibition of the extradition of its own citizens for some financial crimes. In the concluding part pointed to the role of EAW in the construction and functioning of the EU's single judicial area. ; Predmet rada je Evropski nalog za hapšenje (u daljem tekstu: EUN) kao model ekstradicije država članica Evropske unije, uspostavljen Okvirnom odlukom Veća EU (2002/584/PUP) od 13. 6. 2002. o postupku predaje između država članica EU. U uvodnom delu rada je dat kratak osvrt na ideju ujedinjenja Evrope posle II svetskog rata i s tim u vezi usvajanje EUN kao supstituta spore i nedovoljno efikasne ekstradicije. Centralni deo rada sadrži izlaganje o njegovom pojmu, legislativnom okviru, materijalnim i procesnim pravnim uslovima za izdavanje i sadržini. Evropski nalog za hapšenje ne može se izdati za sva krivična dela, već samo za dela navedena u Katalogu 32. Načelo dvostruke kažnjivosti je ukinuto za pojedina teška krivična dela, kao i zabrana izručenja vlastitih državljana za neka finansijska krivična dela. U zaključnom delu je ukazano na ulogu EUN u izgradnji i funkcionisanju jedinstvenog pravosudnog prostora EU.
The Western Balkans is a region that is at the same time one of the migrant routes from the war-affected areas to the EU countries. Recent decades in the world have seen an increase in the number of terrorist attacks, which culminated in the attack on the Twin Towers of the 9/11 in the United States. In major cities across Europe, there has been a series of bombings and other attacks, particularly with the onset of the major migrant crisis in 2015. Armed conflicts in the areas of North Africa and the Middle East are still the main generator of the refugee wave, with new terrorist attacks. Although the increase in the number of attacks and migration leads to the link of research, they say the opposite. An effective counter terrorism and the elimination of the consequences of an attack implies, at the same time, the reaction of states on the national level, as well as international criminal law cooperation between states and organizations at the regional and global level. In the first part of the article, the authors briefly referred to the (un)defined notion of terrorism, then examining migration on the route of the Western Balkans and ultimately pointed to the legal and institutional mechanisms of criminal law cooperation of the countries of the Region in counter terrorism.
