CRIMINAL LAW ASPECTS OF PROTECTION OF MINORS FROM DRUG ABUSE IN BOSNIA AND HERZEGOVINA

Drug abuse as a social deviation is becoming an increasingly complex problem of society which by its mass nature is a leading addiction that introduces various forms of criminal behavior. Such a phenomenon is particularly pronounced in relation to minors which are characterized by increasingly frequent use of narcotics with a tendency to reduce the age of minor users of narcotics, and a pronounced prevalence of their victimization by drug abuse meaning of their use to undertake incriminating acts in the field of abuse drug. Such imposes the actuelization of criminal law protection of minors from drug abuse with emphasis on criminal law protection and changes and amendments to criminal law regulations by prescribing new criminal law provisions that would serve to strengthen that protection. The authors referred to the elaboration of the normative, criminal law framework for the protection of minors from drug abuse, pointing out certain shortcomings in the legislative criminal law aspects of that protection and inconsistency of entity criminal law regulations related to the protection of minors from drug abuse, with the presentation of appropriate proposals de lege ferenda aimed at improving the criminal law protection of minors from drug abuse in all its forms and modalities.

PLEA BARGAININGS FOR WAR CRIMES IN BOSNIA AND HERZEGOVINA: BETWEEN REPENTANCE AND CONSENSUAL JUSTICE

One of the contemporary tendencies in the development of criminal procedural law is the introduction of simplified (summary) forms of criminal procedure, aimed at accelerated resolution of criminal disputes and reducing the number of criminal cases. Among the most common forms of simplified procedure in comparative law are institute of the plea bargaining (plea agreement), which represents a settlement sui generis between the prosecutor and the suspect/accused, under which the prosecutor offers to accused certain procedural benefits in exchange for a guilty plea to committed crime. These benefits, for example, can be reflected in proposing a more lenient qualification of the crime, or withdrawing certain elements in the charge, proposing the imposition of lenient criminal sanctions etc. There are many arguments pro et contra application of the institute in question. It is undoubted that the application of a plea bargaining contributes to a faster resolution of criminal cases and to a reduction of the costs of criminal proceedings, and at the same time such a confession, especially if it is accompanied by sincere repentance, can be a significant satisfaction for victims, etc. On the other hand, the settlement of parties in criminal proceedings can significantly jeopardize the processes of establishing material truth and corrective justice, especially in war crimes criminal proceedings. These paper presents basic information on war crimes prosecutions in Bosnia and Herzegovina and analyzes the legal framework for its implementation, as well as the advantages and disadvantages of a plea bargaining. Statistical indicators were collected and discussed on the scope of the plea bargaining in war crimes committed in Bosnia and Herzegovina, which have been conducted before the International Criminal Tribunal for the former Yugoslavia (ICTY), serbian and german judiciaries, as well as courts in Bosnia and Herzegovina. It was found that about one-quarter of those convicted by the ICTY have previously concluded an agreement with The Hague Prosecution. In addition, the plea bargaining (plea agreement) applies to war crimes cases to a large extent in the courts of Bosnia and Herzegovina, where, interestingly, the scope of its application in relation to these crimes is at the level of the average application of this institute of all crimes prosecuted by the courts in Bosnia and Herzegovina, and is around 10%. The somewhat smaller scope of the plea agreement for war crimes in Bosnia and Herzegovina has been reported by the courts in the Republic of Serbia

ACTIVITIES OF THE REPUBLIC OF AUSTRIA IN THE IMPLEMENTATION OF A SET OF COLLECTIVE SECURITY MEASURES IN BOSNIA AND HERZEGOVINA IN THE PERIOD FROM 1991 TO 1992

United Nations (UN) organs have the primary responsibility in the collective security system. The UN Security Council is a body with broad responsibilities for the maintenance of international peace and security. Accordingly, this body makes recommendations and decisions with the aim of establishing international peace and security. It also enacts measures that do not involve, but also those that involve the use of armed force. In relation to the Security Council, the UN General Assembly has a subsidiary role in the maintenance of international peace and security. The Republic of Austria was a non-permanent member of the UN Security Council from 1990 to 1992. It was important for Austria that the UN system of collective security functions properly, having in mind the fact that the territory of the former Yugoslavia is in its immediate vicinity, as well as the fact that the basic principles of international law were violated, especially in Bosnia and Herzegovina. In this regard, the officials of the Republic of Austria at the United Nations initiated, participated in the preparation and voting of several UN Security Council resolutions with the aim of implementing certain collective security measures in Bosnia and Herzegovina. The most important acts related to the implementation of the set of collective security measures adopted by the United Nations organs with the strong involvement of the Republic of Austria are: UN Security Council Resolutions 749 and 752 (activities of the Republic of Austria in stopping the war in Bosnia and Herzegovina at an early stage), UN Security Council Resolutions 757 (economic sanctions against FR Yugoslavia), UN Security Council Resolution 761 (sending UNPROFOR to Sarajevo Airport), UN Security Council Resolution 764 (proposal to impose coercive measures), Council Resolutions 770 and 771 UN Security Council (delivery of humanitarian aid to Bosnia and Herzegovina and its right to self-defense), UN Security Council Resolution 779 (right to return the refugees), UN Security Council Resolution 781 (establishment of a no-fly zone), Security Council Resolution 787 UN (proposal for the establishment of protected zones), UN General Assembly Resolutions 48/88 and 49/10 (request for lifting the arms embargo on Bosnia and Herzegovina and Herzegovina).

THE PHENOMENON OF CRIMINAL CAREERS IN A VICIOUS CIRCLE OF CRIME

There are different definitions of criminal careers, but the knowledge about this phenomenon needs to be constantly improved. Criminal careers can be studied from the aspect of perpetrators, from the aspect of committed crimes, depending on their duration, characteristics, dimensions and intensity. Approaches, knowledge and experiences in the development of criminological theory and practice, which focus on the concept of criminal careers and patterns of socially unacceptable behavior, also differ in different parts of the world. Research on criminal patterns indicates the increasing complexity of the acts that are committed, as well as the perpetrators whose personalities represent the intertwining and mutual influence of numerous internal and external factors that influence their behavior and the decisions they make. The quality of the criminal justice system is directly correlated with research and knowledge in the field of criminal careers. The duration of criminal careers is not always possible to determine, and often depends on the type of crimes committed, as well as on personal motives that primarily led to criminal behavior. Research has shown that the greatest influence on the further course and termination of criminal careers have lifestyles and changes in perceptions of one’s own personality.

WHITE-COLLAR CRIME AND ITS SOCIO-ECONOMIC IMPACT

White-collar crime is a type of criminal activity that has become a serious threat to the individual, the state and society as a whole. As an ubiquitous form of criminal activity, it has not been sufficiently researched, especially in relation to the significance of its impact on the economic stability of a country. The reaction of society to this form of crime is the core issue, which closes the circle of adequate scientific knowledge of this phenomenon. There is not even a legal definition of the term ‘white collar’ while no other existing content of the term is fully and universally accepted. This phenomenon is a social problem whose study requires an interdisciplinary theoretical approach: law, economics, sociology, psychology and criminology and criminalistics. With a number of scientific methods starting from the theoretical-empirical method, the comparative and the analytical method, an analysis of available literature and individual legal solutions was made, from which they read certain conclusions. The objective of this work includes clarifying of the ‘white collar’concept, classification of its basic etiological and phenomenological elements, social reaction through socially-unacceptable approach, as well asascientific position of analysis of the concept, its appearance andits socio-economic impact on the stability of a state.