NBP. Nauka, bezbednosti, policija

Previous Prison Experience and Evaluation of the Quality of Prison Life

Ivana Stevanović, Ljeposava Ilijić, Nikola Vujičić — Fri, 05 Jan 2024 08:35:06 +0100

In the paper, the authors analyse the relationship between the prison social climate and recidivism, that is, they connect the data obtained by measuring the quality of prison life (MQPL) with the dimension of previous prison experience. The paper examines the hypothesis that on some/certain aspects there will be differences in the perception of the prison social climate depending on whether the respondents are in prison for the first time, or they have already had prison experience. The main goal of the paper is to examine whether there are differences between persons who have previously served a prison sentence and those who have not, with regards to the perception of the quality of prison life. The research was carried out in the course of 2022, on a sample of 578 convicted adults, who are serving a prison sentence in Sremska Mitrovica Prison, Požarevac - Zabela Prison, Niš Prison, Belgrade Prison and Požarevac Prison for Women. Descriptive statistics and t-test were used in the paper. The most important results show that there are significant differences regarding the assessment of the quality of prison life in the following categories: Harmony Dimensions, Professionalism Dimensions and Wellbeing and Development Dimensions, and that each of those three categories is statistically significantly better rated by those who are not penological returnees. When it comes to the general assessment of the quality of prison life, the results showed that there are no significant differences between persons who have previously served a prison sentence and those who have not.

Criminalization of the Immigration in the EU and Protection of Procedural Rights

Marina Matić Bošković — Mon, 15 Jan 2024 07:46:41 +0100

Serbia is a transit country for migrants on their way to the EU via the Western Balkan route. In 2015-2016 over the millions of migrants from Syria, Afghanistan, Iraq, Pakistan, and Somalia used the Western Balkan route to reach the EU countries. Serbia as the EU candidate country has to fulfil requirement of cooperation with the EU in the area of managing migratory flows through efficient control of its borders jointly with the EU officers. For Serbia to reinforce the border management is important to understand the EU migration policy. Although the Tampere European Council Conclusion from 1999 and the European Agenda on Migration from 2015 declared EU commitments to develop legal access to vulnerable individuals, in the practice migration is perceived as a treat for security. As a result of this approach the preventive and repressive criminal law measures were introduced in the immigration law. The European member state authorities are selectively use criminal law to achieve the migration policy goals. The criminal law measures that are applied across the EU are detention, arrest, police control, removal from the territory. However, there is criticism that these criminal law measures are not followed by criminal law guarantees, especially procedural rights and human rights protection instruments. The analysis is put in context of the Return directive 2008/115 that sets the EU standards and procedures on return of illegally staying migrants. In the article author analyses effects of the criminalization of the immigration and development of the Court of Justice jurisprudence in relation to the procedural rights.

Criminal Responsibility of the President of the United States of America

Vladimir Mikić — Thu, 11 Jan 2024 07:56:30 +0100

Observed from a wider historical perspective, the most recent period of the constitutional life of the United States of America risks to be remembered as the one during which the presidential impeachment procedure was used incomparably more often than ever before. This sometimes attracts particular attention to the topic of criminal responsibility of the President, on which the Constitution itself remains silent. At the same time, legislation and jurisprudence seem to have been shying away from addressing this important and rather actual issue. The question whether the presidential immunity protects a sitting or a former president from arrest, trial, or punishment for deeds committed during the presidential term of office thus represents a particularly complex legal puzzler. This is particularly the case since the traditional checks-and-balances system appears to be displaying signs of weakness due to a overtly politicized procedure, notably in the absence of firm legal guidelines or clear theoretical perspectives.

Psychological and Propaganda Operations as a Form of Hybrid War

Dušan Proroković, Marko Parezanović — Fri, 05 Jan 2024 08:12:06 +0100

Psychological and propaganda operations are inseparable part of hybrid warfare. The rapid complication of overall relations in the international community, especially since the beginning of 2022, has led to tectonic upheavals in the world order, which have caused numerous changes in front of our eyes. The world is changing today, perhaps faster than ever. In such complex political and security, economic and social circumstances, models of hybrid warfare gained additional importance and in a certain way, conditionally speaking, became an inseparable part of the foreign policy of the leading powers. In addition, hybrid actions of a psychological and propaganda nature have become an inseparable part of international relations. This paper first analyzes the conceptual definition of the terms hybrid war, psychological and propaganda operations, and then explains the cause-and-effect relationships and examines their consequences on the offensive and defensive actors of international relations. Among the conclusions is the assertion that defensive actors may be completely unaware that a hybrid war is actually being waged against them by undertaking psychological and propaganda operations.

The Actual Coverage of the Funds on the Account by the Order About the Evidence

Kamil Samiczak, Damian Robert Jaworski — Thu, 08 Feb 2024 09:41:20 +0100

SUMMARY

The subject of this article is consideration of recent changes in the criminal procedure in force. These are two resolutions of the Supreme Court of October 13, 2021, ref. no. no. I KZP 1/21 and of November 9, 2021, ref. no. act I KZP 3/21. After their issuance, the Act of 17 December 2021 amending certain acts in connection with the establishment of the Central Bureau for Combating Cybercrime (Journal of Laws of 2021, item 2447), Art. 236b, which makes the cited resolutions outdated. Instead of a blockade, the funds on the account may be actually covered by recognizing them as evidence, but this should only take place in the event of the ultima ratio, i.e. after the maximum duration of the transaction suspension or account blocking period has been exhausted, with simultaneous impossibility of using property collateral. This possibility applies to both fiat and virtual currencies.