NBP. Nauka, bezbednosti, policija

Possibilities and Scope of Environmental Protection Through Criminal Law - the New Environmental Crime Directive

Zoran Stojanović — 2025-01-17

In a wider context of achieving European Green Deal objectives, seen through the prism of a new Environmental Crime Directive at the European Union level, the main purpose of this article is to examine, underline and prepare future changes within the national criminal law framework in terms of criminal law protection of the environment, so that it should be as efficient as possible, but at the same time constitute a rational system of criminal law provisions.

The paper is divided in two main chapters.The first chapter deals with issues of criminal law protection of the environment, in general, the legitimacy of the environment as a separate protected value, the level of its social harmfulness and some nomotechnical characteristics of the relevant elements of the offences which need to fulfill common standards of their normative shaping. The second is dedicated to the structure, aims and goals of the new Environmental Crime Directive in fighting environmental crime, as a part of fulfilling processes of the European Green Deal.

Changes in the area that defines new environmental crimes at the European Union level, minimum common standards in prescribing criminal sanctions, and enhancing the existing ones, as well as setting brand new tools and mechanisms in strengthening and enhancing the effectiveness of the law enforcement cooperation in the field of environmental crimes have been brought about by the new Environmental Crime Directive aimed to crack down on environmental crime, and they can be seen and marked as an important contribution to criminal law protection of the environment, but only seen as the ultimate instrument of the state reaction to environmental crimes. Even though environmental crimes have their negative impact on human health, safety and economics in general, they have to be realistically conceived and seen only as an ultima ratio societatis in protection of the environment.

Illegal Evidence in Criminal Proceedings: Collection of Evidence by Authorized Officials of Internal Affairs Bodies

Katarina S. Živanović — 2024-06-26

The subject of the research is illegal evidence, i.e. the way in which authorized officials of the internal affairs authorities act, which may cause the illegality of the obtained evidence during the conducting evidential actions. The goal of the research is reflected in the scientific and practical contribution to the scientific and social community, since, in addition to the presentation and analysis of prominent scientific and theoretical concepts represented in domestic and foreign literature, the work contains a detailed presentation of the results of the analysis of judicial decisions of domestic courts, which gain particular importance having in the view that the institute of illegal evidence de facto represents judicial standards. Namely, the results indicate cases in which the court judged the evidence obtained by the police to be illegal, as well as cases in which, contrary to the claims of the legal remedy applicant, the court judged that the police did not act contrary to the legal norm when collecting evidence. In most cases, the following evidentiary actions are involved, provided for by the Criminal Procedure Code of Republic of Serbia: interrogation of the accused (Art. 85-90), investigation (Art. 133-136), temporary confiscation of items (Art. 147-151) and search (Art. 152 -160). In cases where the court still found that the evidence obtained by the police was illegal, it is not a question of a deliberate and gross violation of basic human rights and freedoms, that is, it is not a question of incriminated behavior of police officers, such as extorting a confession or abuse and torture.

Who will Protect the Night’s Watch?

Ugljesa Radulovic — 2025-01-17

South Africa’s recent history has been marred by revelations of state capture, which came to the public fore, in part, because of the disclosures of whistleblowers. These whistleblowers enacted the role of the Night’s Watch, much like the eponymous military order in George R.R. Martin’s A Song of Ice and Fire high fantasy novels. Utilizing a qualitative approach encompassing two research methods, this paper establishes that whistleblowers protected South Africa alone like a fire burning against the cold, being subjected to various forms of retaliation. The frequency and severity of retaliation was the result of inadequate whistleblower protection legislation. In the absence of adequate legislation, it was civil society that interceded to provide the whistleblowers several forms of support. In light of these findings, this paper puts forward recommendations for the comprehensive shielding of South African whistleblowers. It proposes that it is necessary to revise whistleblower protection law by applying provisions from a number of effective global instruments. It also argues for the establishment of an independent state apparatus concerned with supporting whistleblowers and consolidating civil society efforts.

Exploring Subjective Perception of Safety in Public Spaces in Serbia: Insights from the European Social Survey

Aleksandra Marković — 2024-11-20

The perception of safety plays a crucial role in shaping individuals' interactions with their environment and can have significant implications for the prevalence and persistence of criminal activity within communities. Perceived unsafety can lead individuals to fear becoming victims of crime and can affect the willingness of individuals to report crimes to authorities. Furthermore, it can undermine social cohesion within communities by eroding trust and cooperation among residents. The subjective safety experience in public spaces is a multifaceted phenomenon influenced by various determinants. Using data from the European Social Survey Round 10, the paper aims to scrutinise the potential factors contributing to feelings of safety among respondents in Serbia. We focus on respondents' perceptions of safety in four regions (Belgrade, Vojvodina, Šumadija and West Serbia, and South and East Serbia) operationalised through the question "How safe do you – or would you - feel walking alone in your neighbourhood after dark?". By examining determinants such as age, gender, daily activity, area (rural or urban), social capital, interpersonal trust and perceived quality of society, this paper aims to shed light on the complexities of safety perception. The primary findings underscore the significance of individual vulnerability and social integration measures as critical indicators of safety perceptions in public spaces. The study highlighted notable regional variations in predictors of safety perceptions, emphasising the necessity of localised approaches to address safety concerns. By comprehensively understanding the determinants of subjective safety, policymakers and urban planners can develop targeted strategies to mitigate fear and enhance safety perceptions.

Sex-Specific Differences in Fit Between Two Different Types of Body Armour: A Pilot Study

Claire Buttner — 2024-10-09

Introduction: Body armour, whilst improving wearer survivability, can negatively impact physical performance and increase injury risk. These impacts may differ between male and female personnel due to the generic design of armour systems. The aim of this study was to assess sex-specific differences in comfort when wearing military (MBA) and law enforcement (LEBA) body armour. Methods: Using a prospective, within-subjects, repeated measures, randomized cross-over design, 10 police officers (female=6: male=4) wore each set of body armour. After completing a variety of tasks, officers provided feedback on a subjective mannequin sketch and provided free text comments. Results: The heavier MBA received more negative comments than LEBA. The majority of negative comments by female officers referred to: (a) discomfort around the throat and shoulders, particularly when seated (six comments), (b) the vest compressing the utility belt or holster (six comments); (c) compression of the stomach and back (two comments); (d) restrictions in breathing and range of motion (four comments), (e) reduced ability to perform tasks (two comments); and (f) ill-fitting design (two comments). In comparison, male officers reported: (a) discomfort around the shoulders and abdomen (five comments), particularly when seated (three of the five comments); and (b) hip discomfort (e.g., pinching) (two comments). Conclusion: Comfort and fit of body armour should not be considered the same between males and females. Industries need to consider these sex-specific differences in their research and design. Agencies should investigate potential differences between sexes and between systems when purchasing such systems.

Confirmation Bias in Law Enforcement and How Debiasing Interventions and Mitigation Strategies Might Help Rebuild Public Trust: A Thematic Review

Richard Segovia — 2024-11-19

Purpose: This thematic review examines how confirmation bias impacts decision-making and investigative outcomes in law enforcement, aiming to identify strategies to mitigate these effects. By synthesizing existing research, this work highlights the challenges of confirmation bias and proposes practical interventions to improve fairness and accuracy in policing. Methods: Text and abstract searches were conducted using Google Scholar, Hein Law Journal Library, and the Ehrhorn Law Library. The focus was on studies examining decision-making, investigative outcomes, and methods to mitigate biases in law enforcement practices. This review followed established thematic review methodologies. Results: The literature search produced a variety of qualitative and quantitative studies. The impact of confirmation bias on decision-making, its effects on investigative outcomes, effective mitigation strategies, the role of organizational culture, and its influence on community relations were themes identified after analysis. Conclusions: This review shows the need for thorough research to validate the effectiveness of strategies designed to mitigate confirmation biases in law enforcement. Future studies should include a longitudinal focus on the impact of debiasing techniques, training programs, and organizational changes. Application in Law Enforcement: For law enforcement agencies, implementing targeted training programs, debiasing techniques, and decision-making models might improve equity and fairness concerning law enforcement practices. Addressing confirmation bias enhances investigative outcomes, builds community trust, and reinforces fairness when applying the law. Law enforcement agencies should consider adopting the strategies discussed in this review to promote more effective and ethical policing practices.