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Current methodology of recording violent crime in the records of the Ministry of interior of the Republic of Serbia
Mijalkovi? Sa?a
Temida , 2012, DOI: 10.2298/tem1203023m
Abstract: The most numerous records on violent crime are managed in the Ministry of Interior: police is conducting criminal investigation of every discovered criminal offence with elements of violence, while different stages of police activity (recording the events, fixing of leads, conducting of operative and investigative activities, etc.), as well as various elements of the criminal offence (perpetrator, modus operandi, missing things, victim, etc.) are recorded in different records. In this respect, on the level of scientific description and analysis, in this paper I will try to explore current methodology of recording crimes with elements of violence, primarily focusing on the following: the list of criminal offences which are classified as violent crime in the records of the Ministry of Interior, with particular emphasis on the misdemeanors with elements of violence; the type of data of the recorded criminal offences with elements of violence; the records into which the data on criminal offences with elements of violence are entered; the forms into which the listed data is entered and the possibilities of getting the data on state of crime with the elements of violence on the territory of Republic of Serbia in the period after 2000. [Projekat Ministarstva nauke Republike Srbije, br. 179044: Razvoj metodologije evidentiranja kriminaliteta kao osnova kreiranja efikasnih mera za njegovo suzbijanje i prevenciju]
Violence, Crime, and Violent Crime  [cached]
Richard B. Felson
International Journal of Conflict and Violence , 2009,
Abstract: I propose a dual conceptualization of violent crime. Since violent crime is both violence and crime, theories of aggression and deviance are required to understand it. I argue that both harm-doing and rule breaking are instrumental behaviors and that a bounded rational choice approach can account for both behaviors. However, while some of the causes of harm-doing and deviance (and violent and nonviolent crime) are the same, some are different. Theories of crime and deviance cannot explain why one only observes individual and group differences in violent crime and theories of aggression and violence cannot explain why one observes differences in all types of crimes. Such theories are “barking up the wrong tree.”
Evolution and the Prevention of Violent Crime  [PDF]
Jason Roach, Ken Pease
Psychology (PSYCH) , 2011, DOI: 10.4236/psych.2011.24062
Abstract: This paper suggests how violence prevention can be better informed by embracing an evolutionary approach to understanding and preventing violent crime. Here, ethical crime control through an evolutionary lens is considered and speculation is offered as to what an evolution-evidenced crime reduction programme might look like. The paper begins with an outline of the current landscape of crime prevention scholarship within criminology and presents some possible points of contact with actual or possible violence reduction practice, including child homicide and violence against women. The paper concludes with suggestions for an ethical research agenda for reducing violence, whereby it is hoped that an audience of open-minded criminologists and diverse students of evolution may lend a hand in increasing the sophistication of the criminological study of violence prevention.
HIV is a virus, not a crime: ten reasons against criminal statutes and criminal prosecutions
Cameron Edwin,Burris Scott,Clayton Michaela
Journal of the International AIDS Society , 2008, DOI: 10.1186/1758-2652-11-7
Abstract: The widespread phenomenon of enacting HIV-specific laws to criminally punish transmission of, exposure to, or non-disclosure of HIV, is counter-active to good public health conceptions and repugnant to elementary human rights principles. The authors provide ten reasons why criminal laws and criminal prosecutions are bad strategy in the epidemic.
Alternatives to criminal procedure against juvenile and young adult offenders and alternative to criminal procedure in the cases of domestic violence  [PDF]
Cvjetko Bo?ica
Temida , 2006, DOI: 10.2298/tem0601043c
Abstract: In the paper, the author is analyzing the Act on juvenile courts of the Republic of Croatia, which foresees a broad possibility of implementing the principle of opportunity in the pre-trial, i.e. reinvestigation phase of the procedure in terms of the decision of the public prosecutor about the criminal charge against these persons, including the implementation of particular obligations as informal sanctions. Particular attention is paid to the special obligation called off-court agreement. The aim of the off-court agreement is “reconciliation between the juvenile or young adult offender and the victim of the crime, and establishment of the social peace”. Similar project and the implementation of the principle of opportunity is used in the cases of the criminal offence of domestic violence. The main aim of these obligations is to offer professional assistance to the families which are in crisis and have difficulties related to the violent behavior of one family member - mostly the father. Such an approach is more efficient than the long lasting criminal procedure, testifying and strengthening the crisis in the family. This paper gives also an insight into the legal provisions concerning this measure and its implementation in practice.
The Crime Nature of the Obligation Criminal  [cached]
Qiuhua Hong
Journal of Politics and Law , 2010, DOI: 10.5539/jpl.v3n2p43
Abstract: The concept of the obligation criminal (Pflichtdelikte) was first proposed by Professor Roxin, but the crime nature of the obligation criminal is still being largely disputed in the criminal law theory circle, and someone thought it was the legal interest violation, and others thought it was the violation of positive obligation which has been recognized by the criminal law. As viewed from the obligation, the criminal law regulates two obligations, i.e. the positive obligation and the negative obligation, and the former is embodied in the obligation of “not to harm others”, and the latter is embodied in the obligation of “establish the common worlds with others”. The positive obligation not only contains “not to harm others”, but requires people to unify others, so the positive obligation can not equal to the negative obligation. As viewed from the criminal law, it is advisable to identify the behavior of violating negative obligation with the legal interest violation. But it is not correct to identify the behavior of violating positive obligation with the legal interest violation, because the crime nature of the obligation criminal is the violation of positive obligation which has been recognized by the criminal law.
The Concept of Crimes Against Humanity in the Statute of the International Criminal
Homa bayat
International Journal of Nations Research , 2018, DOI: -
Abstract: For a long time, there was not definition of concept crimes against humanity until statute of the international criminal court in article 7 itself by citing the examples of this crime, filled up take this vacuum. Crime against humanity behavior that it involves severe violations of human rights or will it finally lead to it. This crime usually done organized manner and systematic. Article 7 of the statute of the international criminal court defines crimes against humanity as certain acts which is part of a systematic attack or widespread towards a civilian population committed knowing that attack. So, creating criminal responsibility in the case of committing an offense against humanity, needs to Proof of assassination, destruction slavery expulsion or forced departure rape, rape sexual slavery forced prostitution. These actions must be committed as part of a massive attack or systematically against any civilian population by a perpetrator knowing the existence of that attack and following a government policy or government oversight.
CRIMINAL LAW METHODS IN THE COUNTERACTIONS AGAINST CORRUPTION
Bella Yu. Dzhamirze
MEST Journal , 2015, DOI: 10.12709/mest.03.03.02.04
Abstract: One of the main lines of the National Anti-Corruption Strategy, approved by the Decree of the President of the Russian Federation is the further development of the legal basis of such counteracting. The analysis of the supervisory work indicates that the bribery is one of the most common crimes in the area of corruption. Bribery is a typical and distinguishing manifestation of corruption, the most dangerous criminal phenomena that undermines power bases and administration, discredits and impairs their authority, affecting citizens’ rights and interests. Bribery is a collective juridical term that includes three independent formal components of an official crime: against state power, interests of the state service and bodies of local self-government, receiving and giving bribe, as well as bribe agency. Receiving and giving bribe are two interrelated criminal acts; they cannot be committed independently, without interrelationship, which means they are always in the state of indispensable implication, where the absence of the fact of the giving bribe means the absence of the fact of receiving it. Legislatively the fact of receiving bribe considers as a serious crime, with all ensuing penal and legal consequences, and relates to gravest crime according to the article 290 of The Criminal Code of the Russian Federation. The novelty of the legislation is the introduction into the criminal law the responsibility for promising and offering the assistance in bribery. According to the law, responsibility for this crime comes with the fact of promise or offer of bribe agency.
Crime victims in the criminal justice system
?opi? Sanja M.
Temida , 2003, DOI: 10.2298/tem0301019c
Abstract: Negative social reaction and inadequate reaction of the agencies of the formal control on the primary victimization is leading to the so called secondary victimization that can be a source of trauma and frustration as much as the primary victimization. Due to that, relation of the police and the judiciary towards the crime victims is of a great importance regarding victims’ willingness to report the victimization, their confidence in these agencies, and cooperation during clearing up the crime. In order to realize the victim’s position in the criminal justice system, this paper contains an overview of how the police, prosecutor’s office and courts are functioning. The paper is based on the interviews made with the representatives of these state agencies, as well as on the previous knowledge and realized surveys concerning this topic. The aim of the paper is to emphasize the position and the role of the victim support service in the system of the state intervention, based upon the obtained data, as well as to give some basic information on how victims could report the crime, what are their rights and duties, what can they expect from the competent agencies.
One view on the position of crime victim in criminal procedure for organized crime
?kuli? Milan Z.
Temida , 2004, DOI: 10.2298/tem0401017s
Abstract: In this paper the position of victim in criminal procedure for organized crime is analyzed. Through recent changes of our criminal procedure law, the special type of procedure is created in relation to organized crime, with inclusion of large number of specific criminal procedure norms. These new solutions contribute to the protection of victims/witnesses, although there are still more space for the improvement. Legislative body still needs to overcome deeply embedded attitude that the witnesses and victims are the exclusive source of evidence, or, in other words, that the witness testimony is only way to find out evidence information. The victim has to be treated at the first place as a person to whom specific position in criminal procedure, with special regard on the protection of her basic rights, should be guaranteed.
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