scholarly journals Steps towards improving the system of records, collection and monitoring of data relevant to statistics within the system of juvenile justice in the Republic of Serbia

Temida ◽  
2012 ◽  
Vol 15 (3) ◽  
pp. 49-65
Author(s):  
Ivana Stevanovic
Keyword(s):  
Juvenile Justice ◽  
Juvenile Crime ◽  
System Reform ◽  
Assessment And Evaluation ◽  
Record Keeping ◽  
Criminal Sanctions ◽  
Basic Set ◽  
The Republic ◽  
Global Indicators ◽  
Automated Record Keeping

The paper emphasises the importance of ?good statistics of juvenile justice? as one of the basis for a clearer overview of the juvenile crime situation, in order to create unique policies at local and national levels for the suppression and prevention of this phenomenon, and to create appropriate areas for action in terms of improving the system reform. The author particularly gives a review of the ?Global Indicators in Juvenile Justice? which present the basic set of data and comparative tool that provides a basis for the assessment and evaluation of services and policies in the field of juvenile justice, and highlights the importance of compatibility of ?national indicators? with them. Particular attention in the paper has been devoted to the overview and analysis of the necessary measures to improve this field, that were prepared and delivered to the relevant ministries and institutions by the Council for Monitoring and Promoting the work of Bodies Engaged in Criminal Proceeding and Enforcement of Juvenile Criminal Sanctions Involving Juveniles - Juvenile Justice Council (hereinafter: the Council). It was pointed, first of all, at the suggestions made by the Council to the Ministry of Justice with the aim to improve the Program for automated record keeping, at the necessary changes of the Court rules, and certain amendments to Forms SK- 3 and SK- 4 of the Statistical Office of the Republic of Serbia were presented.

scholarly journals Corrective Measures Establishment Character for Minors in the Republic of Srpska // Vaspitne mjere zavodskog karaktera za maloljetnike u Republici Srpskoj

2017 ◽  
Vol 7 (7) ◽  
pp. 276
Author(s):  
Tamara Marić
Keyword(s):  
Personal Responsibility ◽  
General Purpose ◽  
Juvenile Crime ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Sanctions ◽  
The Republic ◽  
Special Rules ◽  
Care Assistance

Within the general purpose of criminal sanctions and that the suppression of unlawful activities which violate or threaten the values protected by criminal law, specifically stipulates that the purpose of criminal sanctions against minors to providing protection, care, assistance and supervision, as well as providing general and vocational training affect the development of the strengthening of the personal responsibility of minors, to provide education of minors, and to ensure proper development of the minor figures in order to ensure his re the inclusion in the community. In this regard, the legislator in the Republic of Srpska prescribe special rules of criminal procedure to juveniles, and specific sanctions that can be imposed on juveniles. Juvenile criminal sanctions is, by its nature and purpose, different from the criminal sanctions imposed on adult offenders. They aim to protect society from juvenile crime through education and re-education or re-socialization and proper development of juveniles. Minors up to criminal offense, according to Law of the protection and treatment of children and juveniles in criminal proceedings Republic of Srpska, can impose a corrective measure, security measures of juvenile and constipation as a special type of sentence by older minors.

CRIMINAL LAW IN PROTECTION OF HEALTH FROM THE ABUSE OF DRUGS IN SERBIA

2018 ◽  
Vol 28 (6) ◽  
pp. 1939-1946
Author(s):  
Miodrag Simović ◽  
Dragan Jovašević ◽  
Marina M. Simović
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
International Standards ◽  
Individual State ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
Different Types ◽  
The Republic ◽  
To Come ◽  
Practical Sense

Based on international standards adopted within the framework and under the Organisation of the United Nations, all national legislations recognise several different types and forms of criminal acts regarding misuse of narcotics. It is the matter of various activities of unauthorized production, traffic and other forms of inciting or enabling others to come into possession of narcotics for immediate use, which seriously endangers the health and life.Depending on the needs of each individual state, the distinction is made between the offenses, for the perpetrators are given different types and measures of penalties and other criminal sanctions. A similar situation exists in the Republic of Serbia.The paper analyzes the system of criminal offenses in various types and forms of manifestation in the theoretical and practical sense for whose offenders that are prescribed serious criminal sanctions.

What Predicts the Use of Blended Sentences Among Eligible Juveniles? A State-Wide Examination

2021 ◽  
pp. 088740342110282
Author(s):  
Jessica M. Craig ◽  
Haley Zettler ◽  
Chad Trulson
Keyword(s):  
Juvenile Justice ◽  
Violent Offenders ◽  
Criminal Sanctions ◽  
Adult Court ◽  
The Family ◽  
To Receive ◽  
Blended Sentencing

In response to critiques of traditional juvenile justice processing and waiver to adult court, several states have adopted blended sentencing. These sentences fall in between these two approaches as they offer the benefits of the more rehabilitative-oriented juvenile system, with the option to deploy more punitive adult criminal sanctions. While previous research has indicated violent offenders were more likely to receive a blended sentence, it has not distinguished between those who were eligible for a blended sentence but did not receive this sanction. The current study seeks to address this gap and examine legal and extralegal predictors of receiving a blended sentence among those eligible. The analyses indicated that while those adjudicated for homicide and aggravated robbery were most likely to be given a blended sentence, other predictors such as prior probation failure and previous violence toward the family were associated with a decreased likelihood of receiving this sentence.

scholarly journals Islamic Justice Perspective On Notary The Perpetrators Criminal Action

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 93
Author(s):  
Ira Alia Maerani
Keyword(s):  
Islamic Law ◽  
Code Of Ethics ◽  
Public Official ◽  
Legal Principles ◽  
Islamic Perspective ◽  
Criminal Sanctions ◽  
The Law ◽  
Notary Public ◽  
The Republic ◽  
The Government

This study aims to find out to know the form of violations and witnesses to the notary position based on Law No. 2 of 2014 concerning the Position of Notary and the perspective of Islamic justice in viewing a notary who is indicated to have committed a crime in connection with an authentic deed he made.            This research uses normative law research or dogmatic law research using the doctrinal method. Normative legal research includes research on legal principles, research on legal systematics, research on vertical and horizontal synchronization stages, comparison of law and legal history.            This research concludes that the notary public is a public official who makes an authentic deed and has the authority as regulated in Article 15,16, 17 of Law No. 2 of 2014 concerning the Position of Notary Public. The notary is obliged to act on trust; honest; independent; objective and safeguard the interests of parties involved in legal actions. Notaries in carrying out their duties and positions if convicted of violations, may be subject to sanctions or sanctions in the form of civil, administrative, and notary code of ethics in accordance with Law of the Republic of Indonesia Number 2 of 2014 concerning Notary Positions. Even so, the Notary Position Law does not regulate criminal sanctions against Notaries. Whereas in practice there is an opportunity for a legal action or violation by a notary related to an authentic deed he made that can be qualified as a criminal offense. A notary who is indicated to have committed a crime in carrying out his authority as a Public Official, of course, must be a concern of the government and law enforcement because the law must be upheld against anyone who commits indiscriminate violations. This rule is a manifestation of the principle of "equality before the law" (equality before the law) which is a fundamental element in the concept of the rule of law. Honesty values; keep the mandate; fair; and this objective is synergistic with the values of justice in an Islamic perspective that promotes justice and problems. Described in the Qur'an An-Nisa verses 58 and 135 and QS. Al Ma'idah verse 8. Islamic law also regulates justice in recording a deed, for example just in recording accounts receivable debts (Q.S. Al Baqoroh: 282)Keywords: Islamic Perspective; Justice; Notary Public; Perpetrators; Criminal Act

scholarly journals Criminal Liability of Legal Entities under the Laws of the Former Yugoslav Republic of Macedonia

2018 ◽  
Vol 8 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Republic Of Macedonia ◽  
Special Part ◽  
Yugoslav Republic ◽  
The Republic ◽  
Discretionary Powers ◽  
Legal Entities

The article is dedicated to the review of the laws of the Republic of Macedonia (the Former Yugoslav Republic of Macedonia) on criminal liability of legal entities established in 2004 by introduction of amendments and supplements to the Criminal Code of the Republic of Macedonia. The article analyzes legal resolutions allowing consideration of a legal entity as a criminal liability subject; gives a scope of legal entities which can be brought to criminal liability; focuses on the fact that legal entities in the Republic of Macedonia may not be brought to criminal liability for any acts acknowledged as punishable by the national criminal laws, rather for the acts which are specifically addressed in the articles of the Special Part of the Criminal Code of the Republic of Macedonia or other criminal laws. The author reviews such types of criminal sanctions applicable to legal entities as a fine, legal entity liquidation, forfeiture and sentence publication; notes the circumstances taken into account at punishment imposition and conditions for release from punishment as well as criminal and procedural peculiarities of bringing legal entities to liability including indication of broad discretionary powers of a prosecutor in solution of issues on bringing legal entities to criminal liability.

scholarly journals Criminal Liability of Legal Entities under the Laws of the Republic of Slovenia

2018 ◽  
Vol 5 ◽  
pp. 75-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Security Measures ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Commercial Activities ◽  
Criminal Offenses ◽  
Conditional Sentence ◽  
The Republic ◽  
Legal Entities

The article is dedicated to review of the laws of the Republic of Slovenia on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 1999 and the Criminal Code of the Republic of Slovenia. The article reviews statutory resolutions making it possible to review a legal entity as a criminal liability subject; gives a number of persons, which can be brought to criminal liability; focuses on the fact that legal entities can be brought to criminal liability in the Republic of Slovenia for a limited number of acts (crimes) defined by the law; considers criminal sanctions applicable to legal entities: fi ne, forfeiture of property, legal entity liquidation, prohibition to place securities held by a legal entity; reviews the possibility of imposition of a conditional sentence on a legal entity and the security measures applicable to legal entities, including: sentence publication and prohibition to engage in specific commercial activities.

scholarly journals KEWENANGAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA DALAM PEMBENTUKAN NORMA BARU (SUATU KAJIAN TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 21/PUU-XII/2014 JO PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-XIV/2016)

2019 ◽  
Vol 1 (2) ◽  
pp. 474
Author(s):  
Elisabet . ◽  
Cut Memi
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Legal Norm ◽  
Constitutional Court ◽  
Legal Basis ◽  
Criminal Sanctions ◽  
The Law ◽  
The Republic

One of the authorities of the Constitutional Court governed by the Constitution of the Republic of Indonesia in 1945 was the examining of laws against the contitution or judicial review. Inside the regulations which governing the implementation of this authority, the Constitutional Court only acts as a negative legislator, namely canceling or reinforcing a norm tested by the Petitioner. But in practice, the Constitutional Court has changed its role to become a positive legislator, who is forming a new legal norm, which is the authority of legislators. The Constitutional Court should not be able to form a new legal norm because there is no legal basis which regulate that. But Constitutional Court can form a new legal norm in some urgent circumstances, relating to Human Rights, and preventing legal vacuum. In addition, the establishment of laws by lawmakers that require a long process and time. This is compelling Constitutional Court to make substitute norm before the law was established by the legislators. In the Decision of the Constitutional Court Number 46/PUU-XVI/2016, the Court actually wants to establish a new legal norm, but because the articles in the petitioned have criminal sanctions, and if the Constitutional Court approves the petition, the Constitutional Court has formulated a new criminal act that can only be formed by the lawmaker. Whereas in the Decision of the Constitutional Court Number 21/PUU-XII/2014, the Constitutional Court established a new norm because in the article a quo there were no criminal sanctions.

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