This paper discusses the measure of the safety of compulsory psychiatric treatment and care in a ... more This paper discusses the measure of the safety of compulsory psychiatric treatment and care in a health institution from the new Criminal Code of Republika Srpska. Here, in fact, it is about “returning” to the law of an old measure that previously existed in domestic criminal legislation until its 2003 reform. Considering that a new one has been abandoned in Bosnia and Herzegovina by the harmonization of criminal justice reform, the procedure against irregular perpetrators of criminal offenses and the introduced security measures that other legislation in the country does not know, we expect this to raise the attention of legal science, jurisprudence and certain international factors under the influence of which the measure was removed from the criminal legislation. With this work, we want to draw the attention of the scientific and professional public to the need for traditional, scientifically based and proven solutions to be quickly and uncritically abandoned, so that after a cer...
The authors deal with a new group of crimes of sexual abuse and exploitation of a child in the ne... more The authors deal with a new group of crimes of sexual abuse and exploitation of a child in the new Criminal Code of the Republic of Srpska 2017. Starting from the regulation of this matter in the previous legislation, pointing to solutions in the comparative legislation, the analysis of newly created incriminations explains the justification of such normalization of this sensitive matter. Attention is drawn to peer crimes of this kind and normative compliance with international legal acts, especially those adopted by the Council of Europe. All of this fits into one general framework and points to certain good and bad sides of parallel regulation of previously qualified forms of these offenses as separate offenses. In this regard, the legislator is suggested to amend certain amendments in order to eliminate the illogical nature of the legislative penalties.
The paper presents the text and analysis of individual characteristic solutions according to the ... more The paper presents the text and analysis of individual characteristic solutions according to the current version of the Draft of the new Criminal Code of Republika Srpska, which was drafted by the working group of the Ministry of Justice of Republika Srpska. It’s about these institutes from the general part: pronouncement of imprisonment for up to six months, prohibition of driving a motor vehicle, acquisition and prolonged criminal offense and the safety measure of compulsory psychiatric treatment and care in a health institution. Given that almost all of the foregoing is deviating from the multiannual established principles and attitudes of legal science and jurisprudence, we expect that these solutions will cause considerable attention but also cause certain problems in practical application. Considering that some of the selected and processed solutions are unnecessary and the other undefined and undetermined, this paper aims to draw the attention of the scientific and profession...
This paper discusses the measure of the safety of compulsory psychiatric treatment and care in a ... more This paper discusses the measure of the safety of compulsory psychiatric treatment and care in a health institution from the new Criminal Code of Republika Srpska. Here, in fact, it is about “returning” to the law of an old measure that previously existed in domestic criminal legislation until its 2003 reform. Considering that a new one has been abandoned in Bosnia and Herzegovina by the harmonization of criminal justice reform, the procedure against irregular perpetrators of criminal offenses and the introduced security measures that other legislation in the country does not know, we expect this to raise the attention of legal science, jurisprudence and certain international factors under the influence of which the measure was removed from the criminal legislation. With this work, we want to draw the attention of the scientific and professional public to the need for traditional, scientifically based and proven solutions to be quickly and uncritically abandoned, so that after a cer...
The authors deal with a new group of crimes of sexual abuse and exploitation of a child in the ne... more The authors deal with a new group of crimes of sexual abuse and exploitation of a child in the new Criminal Code of the Republic of Srpska 2017. Starting from the regulation of this matter in the previous legislation, pointing to solutions in the comparative legislation, the analysis of newly created incriminations explains the justification of such normalization of this sensitive matter. Attention is drawn to peer crimes of this kind and normative compliance with international legal acts, especially those adopted by the Council of Europe. All of this fits into one general framework and points to certain good and bad sides of parallel regulation of previously qualified forms of these offenses as separate offenses. In this regard, the legislator is suggested to amend certain amendments in order to eliminate the illogical nature of the legislative penalties.
The paper presents the text and analysis of individual characteristic solutions according to the ... more The paper presents the text and analysis of individual characteristic solutions according to the current version of the Draft of the new Criminal Code of Republika Srpska, which was drafted by the working group of the Ministry of Justice of Republika Srpska. It’s about these institutes from the general part: pronouncement of imprisonment for up to six months, prohibition of driving a motor vehicle, acquisition and prolonged criminal offense and the safety measure of compulsory psychiatric treatment and care in a health institution. Given that almost all of the foregoing is deviating from the multiannual established principles and attitudes of legal science and jurisprudence, we expect that these solutions will cause considerable attention but also cause certain problems in practical application. Considering that some of the selected and processed solutions are unnecessary and the other undefined and undetermined, this paper aims to draw the attention of the scientific and profession...
Uploads
Papers by Veljko Ikanovic