Collected papers of the Law Faculty of the University of Split, Apr 5, 2011
... 9 Horvatić, eljko: Osnove kriminologije, Zagreb, 1998.g., str. 69. ... Iako je kupljene gume... more ... 9 Horvatić, eljko: Osnove kriminologije, Zagreb, 1998.g., str. 69. ... Iako je kupljene gume preprodao za gotovinu u naredna dva dana, optuenik nije nikada platio račun za preuzetu robu u iznosu od 50.607,00 kuna. (Iz odluke upanijskog suda u Bjelovaru, K264/2001) ...
Criminal offenses against road traffic safety are included in Chapter XXVI of the Criminal Code o... more Criminal offenses against road traffic safety are included in Chapter XXVI of the Criminal Code of the Republic of Serbia under the heading Criminal offenses against public traffic safety. This paper consists of an analysis of criminal offenses against road traffic safety, as follows: Endangering public traffic Art. 289. CC, Endangering traffic by dangerous action and dangerous means, Art. 290. CC, Negligent exercise of supervision over public traffic, Art. 295. CC and Failure to provide assistance to a person injured in a traffic accident, Art. 296. CC and it is all performed through a theoretical approach and analysis of court practice. In the introduction, we pointed out the methodology of research and analysis of traffic accidents and their consequences. The second part of the paper refers to the theoretical approach, the analysis of criminal offenses against road traffic safety in the criminal legislation of the Republic of Serbia. The third part, the empirical part, includes t...
Zbornik radova sa onlajn konferencije Udruženja pravnika u privredi Srbije i časopisa „Pravo i privreda“
In the paper, the authors point out the illegally carried out transformation, privatization, and ... more In the paper, the authors point out the illegally carried out transformation, privatization, and confiscation of contractual private ownership over “Hrvatski Telekom” (HT). Namely, until the 1990s, citizens financed the construction, through the PTT, TT network, node, local, long-distance, and main telephone exchanges. Proof of this are the Agreements on pooling funds for the construction, expansion, or reconstruction of telecommunications facilities with the company PTT (Post-Telegraph-Telephone), then HPT (Croatian Post and Telecommunications), and today HT (Hrvatski Telekom). Based on the contractual purchase and sale relationship, the citizens became the owners of ideal shares in the ownership of HT. The enactment of the Act on the Separation of Croatian Post and Telecommunications into Croatian Post and Croatian Telecommunications stipulates that the privatization of these companies will be carried out according to a special law. However, in the privatization process, citizens ...
In the paper, the authors dealt with the problems of the application of educational orders in the... more In the paper, the authors dealt with the problems of the application of educational orders in the Republic of Serbia from a methodological and criminal law approach. Educational orders, as sui generis measures, can be applied both before the initiation of criminal proceedings and during the duration of the criminal proceedings, with the focus of this paper being on their application before the initiation of criminal proceedings. The legislative national framework of the Republic of Serbia regarding the application of educational orders is based on the Law on Juvenile Offenders and the Criminal Protection of Juveniles (ZM) from 2005, with the authors taking into account the changes mentioned in the Draft ZM. Two hypotheses are defined in the paper. The first hypothesis is that educational orders as diversionary models of treatment of juvenile offenders and non-penal measures are relatively recent in the Republic of Serbia. Therefore, the mentioned measures cannot be nor are they suff...
Kaznena odgovornost pravnih osoba uvedena je u hrvatsko kazneno zakonodavstvo 2004. godine, Zakon... more Kaznena odgovornost pravnih osoba uvedena je u hrvatsko kazneno zakonodavstvo 2004. godine, Zakonom o odgovornosti pravnih osoba za kaznena djela, čime je napušteno načelo societas delinquere non potest. Do tada su pravne osobe bile odgovorne za prekršaje i privredne prijestupe kao posebnu vrstu kažnjivih radnji koja ne ulaze niti u sferu prekršaja niti kaznenih djela. Kažnjavanje pravnih osoba predviđa i Preporuka Vijeća Europe br. R (88), Konvencija o transnacionalnom organiziranom kriminalitetu, Kaznenopravna konvencija o korupciji Vijeća Europe i Konvencija o kibernetičkom kriminalu, s kojima je Hrvatska uskladila svoje nacionalno kazneno zakonodavstvo. Zakon o odgovornosti pravnih osoba za kaznena djela kao lex specialis sadrži uz materijalnopravne odredbe kojima su propisane pretpostavke kažnjivosti pravnih osoba za kaznena djela te kaznenopravne sankcije koje im se mogu izreći, i procesnopravne odredbe koje se odnose na progon pravnih osoba za kaznena djela, o kojima će biti raspravljano u radu. Nastavno, ukazano je na dileme kažnjivosti pravnih osoba u slučajevima kada nije utvrđena krivnja odgovorne osobe kao i na pitanja koja se odnose na kaznenu odgovornost pravnih osoba izvan područja njihove djelatnosti za koja su registrirana. Autori su u radu ukazali i na stanje u sudskoj praksi u pogledu progona i kažnjavanja pravnih osoba za kaznena djela. Petnaest godina od stupanja na snagu cit. Zakona, prilika je za promišljanje o budućnosti sustava kaznene odgovornosti pravnih osoba. Na žalost, teorija tu priliku, barem za sada, nije iskoristila. Ključne riječi: Zakon o odgovornosti pravnih osoba za kaznena djela, kaznena odgovornost i progon pravnih osoba, gospodarska kaznena djela.
ZBORNIK RADOVA CENTRA ZA EDUKACIJU SUDIJA I TUŽILACA RS
The efficiency of criminal proceedings in conjunction with economy is an integral component of th... more The efficiency of criminal proceedings in conjunction with economy is an integral component of the principle of procedural economics. Its realization was first noticed in the law of the USA, then in the countries of continental Europe, through certain instruments that were implemented in our criminal procedure in due time. The need for more efficient criminal proceedings is a consequence of the longer duration of criminal proceedings or some of its stages, costs that sometimes exceeded the damage caused by crime, and the accumulation of cases before the courts, which did not affect any of the parties. Although he was criticized primarily for annulling the upper limit of the threatened sentence, and providing space to conclude on a crime of any gravity, the paper recognizes the plea bargaining as a kind of instrument for effective state response to crime. By comparing it with other consensual forms of criminal procedure, the efficiency of the judicial bodies of the Republic of Serbia...
The paper points out, first of all, the fact that the contemporary migrant crisis represents a pr... more The paper points out, first of all, the fact that the contemporary migrant crisis represents a projected migration of peoples and that everything that is happening in the world today (the so-called Arab Spring - a wave of demonstrations, protests and rebellions, started in December 2010 in Tunisia and continued in other countries of North Africa and the Middle East, wars in certain countries, millions of homeless people, refugees and migrants, etc.) is not accidental at all. International law and its theoretical principles have never been more developed, on the one hand, but they have never been violated or compromised in practice, applied by naked political force and political power, on the other hand. Namely, all this is an integral part of the realization of the idea of the New World Order, which is by no means new. The destruction of "national sovereignty" and the creation of "limited sovereignty", the de-sovereignation of national states is the harsh reality...
Passive bribery under Art. 293 Par. 2 of the official Croatian Criminal Code is a crime of corrup... more Passive bribery under Art. 293 Par. 2 of the official Croatian Criminal Code is a crime of corruption, with which a number of primary care physicians have been charged. They have as responsible persons, received bribes to perform what they are already required to perform during the course of their own business or through their regular activities; in other words, they have received bribes from drug manufacturear to prescribe their own medications. Criminal proceedings, initiated against 364 accused physicians in the Hippocrates Affair are slowly concluding. Completed criminal proceedings, for now, ended with the 283 convictions, which were mainly the result of a settlement between physicians and the Office for the Suppression of Corruption and Organised Crime. However, for the physicians, the case is not closed, because after the final convictions, the Croatian Medical Chamber decided to conduct disciplinary proceedings to determine the unworthiness of convicted doctor. In this paper...
The opening of bankruptcy proceedings leads to the interruption of the execution procedure. This ... more The opening of bankruptcy proceedings leads to the interruption of the execution procedure. This means that from the day of opening of the bankruptcy proceedings no enforceable execution can be carried out in order to settle claims on the basis of the execution document. The execution document loses the function of enforceability, but not the property of validity. Namely, bankruptcy and enforcement proceedings involve monetary compulsory execution, but it should be noted that one procedure excludes the other. Individual compulsory execution is carried out in the enforcement procedure, while bankruptcy proceedings include complete compulsory execution. To bankruptcy creditors, the Law on Bankruptcy provides legal certainty in the settlement of their claims through the Institute of Prohibition of Individual Execution and Settlement. The moratorium as an institute of prohibition of individual execution constitutes an obstacle to individual execution and settlement in bankruptcy proceed...
Collected papers of the Law Faculty of the University of Split, Apr 5, 2011
... 9 Horvatić, eljko: Osnove kriminologije, Zagreb, 1998.g., str. 69. ... Iako je kupljene gume... more ... 9 Horvatić, eljko: Osnove kriminologije, Zagreb, 1998.g., str. 69. ... Iako je kupljene gume preprodao za gotovinu u naredna dva dana, optuenik nije nikada platio račun za preuzetu robu u iznosu od 50.607,00 kuna. (Iz odluke upanijskog suda u Bjelovaru, K264/2001) ...
Criminal offenses against road traffic safety are included in Chapter XXVI of the Criminal Code o... more Criminal offenses against road traffic safety are included in Chapter XXVI of the Criminal Code of the Republic of Serbia under the heading Criminal offenses against public traffic safety. This paper consists of an analysis of criminal offenses against road traffic safety, as follows: Endangering public traffic Art. 289. CC, Endangering traffic by dangerous action and dangerous means, Art. 290. CC, Negligent exercise of supervision over public traffic, Art. 295. CC and Failure to provide assistance to a person injured in a traffic accident, Art. 296. CC and it is all performed through a theoretical approach and analysis of court practice. In the introduction, we pointed out the methodology of research and analysis of traffic accidents and their consequences. The second part of the paper refers to the theoretical approach, the analysis of criminal offenses against road traffic safety in the criminal legislation of the Republic of Serbia. The third part, the empirical part, includes t...
Zbornik radova sa onlajn konferencije Udruženja pravnika u privredi Srbije i časopisa „Pravo i privreda“
In the paper, the authors point out the illegally carried out transformation, privatization, and ... more In the paper, the authors point out the illegally carried out transformation, privatization, and confiscation of contractual private ownership over “Hrvatski Telekom” (HT). Namely, until the 1990s, citizens financed the construction, through the PTT, TT network, node, local, long-distance, and main telephone exchanges. Proof of this are the Agreements on pooling funds for the construction, expansion, or reconstruction of telecommunications facilities with the company PTT (Post-Telegraph-Telephone), then HPT (Croatian Post and Telecommunications), and today HT (Hrvatski Telekom). Based on the contractual purchase and sale relationship, the citizens became the owners of ideal shares in the ownership of HT. The enactment of the Act on the Separation of Croatian Post and Telecommunications into Croatian Post and Croatian Telecommunications stipulates that the privatization of these companies will be carried out according to a special law. However, in the privatization process, citizens ...
In the paper, the authors dealt with the problems of the application of educational orders in the... more In the paper, the authors dealt with the problems of the application of educational orders in the Republic of Serbia from a methodological and criminal law approach. Educational orders, as sui generis measures, can be applied both before the initiation of criminal proceedings and during the duration of the criminal proceedings, with the focus of this paper being on their application before the initiation of criminal proceedings. The legislative national framework of the Republic of Serbia regarding the application of educational orders is based on the Law on Juvenile Offenders and the Criminal Protection of Juveniles (ZM) from 2005, with the authors taking into account the changes mentioned in the Draft ZM. Two hypotheses are defined in the paper. The first hypothesis is that educational orders as diversionary models of treatment of juvenile offenders and non-penal measures are relatively recent in the Republic of Serbia. Therefore, the mentioned measures cannot be nor are they suff...
Kaznena odgovornost pravnih osoba uvedena je u hrvatsko kazneno zakonodavstvo 2004. godine, Zakon... more Kaznena odgovornost pravnih osoba uvedena je u hrvatsko kazneno zakonodavstvo 2004. godine, Zakonom o odgovornosti pravnih osoba za kaznena djela, čime je napušteno načelo societas delinquere non potest. Do tada su pravne osobe bile odgovorne za prekršaje i privredne prijestupe kao posebnu vrstu kažnjivih radnji koja ne ulaze niti u sferu prekršaja niti kaznenih djela. Kažnjavanje pravnih osoba predviđa i Preporuka Vijeća Europe br. R (88), Konvencija o transnacionalnom organiziranom kriminalitetu, Kaznenopravna konvencija o korupciji Vijeća Europe i Konvencija o kibernetičkom kriminalu, s kojima je Hrvatska uskladila svoje nacionalno kazneno zakonodavstvo. Zakon o odgovornosti pravnih osoba za kaznena djela kao lex specialis sadrži uz materijalnopravne odredbe kojima su propisane pretpostavke kažnjivosti pravnih osoba za kaznena djela te kaznenopravne sankcije koje im se mogu izreći, i procesnopravne odredbe koje se odnose na progon pravnih osoba za kaznena djela, o kojima će biti raspravljano u radu. Nastavno, ukazano je na dileme kažnjivosti pravnih osoba u slučajevima kada nije utvrđena krivnja odgovorne osobe kao i na pitanja koja se odnose na kaznenu odgovornost pravnih osoba izvan područja njihove djelatnosti za koja su registrirana. Autori su u radu ukazali i na stanje u sudskoj praksi u pogledu progona i kažnjavanja pravnih osoba za kaznena djela. Petnaest godina od stupanja na snagu cit. Zakona, prilika je za promišljanje o budućnosti sustava kaznene odgovornosti pravnih osoba. Na žalost, teorija tu priliku, barem za sada, nije iskoristila. Ključne riječi: Zakon o odgovornosti pravnih osoba za kaznena djela, kaznena odgovornost i progon pravnih osoba, gospodarska kaznena djela.
ZBORNIK RADOVA CENTRA ZA EDUKACIJU SUDIJA I TUŽILACA RS
The efficiency of criminal proceedings in conjunction with economy is an integral component of th... more The efficiency of criminal proceedings in conjunction with economy is an integral component of the principle of procedural economics. Its realization was first noticed in the law of the USA, then in the countries of continental Europe, through certain instruments that were implemented in our criminal procedure in due time. The need for more efficient criminal proceedings is a consequence of the longer duration of criminal proceedings or some of its stages, costs that sometimes exceeded the damage caused by crime, and the accumulation of cases before the courts, which did not affect any of the parties. Although he was criticized primarily for annulling the upper limit of the threatened sentence, and providing space to conclude on a crime of any gravity, the paper recognizes the plea bargaining as a kind of instrument for effective state response to crime. By comparing it with other consensual forms of criminal procedure, the efficiency of the judicial bodies of the Republic of Serbia...
The paper points out, first of all, the fact that the contemporary migrant crisis represents a pr... more The paper points out, first of all, the fact that the contemporary migrant crisis represents a projected migration of peoples and that everything that is happening in the world today (the so-called Arab Spring - a wave of demonstrations, protests and rebellions, started in December 2010 in Tunisia and continued in other countries of North Africa and the Middle East, wars in certain countries, millions of homeless people, refugees and migrants, etc.) is not accidental at all. International law and its theoretical principles have never been more developed, on the one hand, but they have never been violated or compromised in practice, applied by naked political force and political power, on the other hand. Namely, all this is an integral part of the realization of the idea of the New World Order, which is by no means new. The destruction of "national sovereignty" and the creation of "limited sovereignty", the de-sovereignation of national states is the harsh reality...
Passive bribery under Art. 293 Par. 2 of the official Croatian Criminal Code is a crime of corrup... more Passive bribery under Art. 293 Par. 2 of the official Croatian Criminal Code is a crime of corruption, with which a number of primary care physicians have been charged. They have as responsible persons, received bribes to perform what they are already required to perform during the course of their own business or through their regular activities; in other words, they have received bribes from drug manufacturear to prescribe their own medications. Criminal proceedings, initiated against 364 accused physicians in the Hippocrates Affair are slowly concluding. Completed criminal proceedings, for now, ended with the 283 convictions, which were mainly the result of a settlement between physicians and the Office for the Suppression of Corruption and Organised Crime. However, for the physicians, the case is not closed, because after the final convictions, the Croatian Medical Chamber decided to conduct disciplinary proceedings to determine the unworthiness of convicted doctor. In this paper...
The opening of bankruptcy proceedings leads to the interruption of the execution procedure. This ... more The opening of bankruptcy proceedings leads to the interruption of the execution procedure. This means that from the day of opening of the bankruptcy proceedings no enforceable execution can be carried out in order to settle claims on the basis of the execution document. The execution document loses the function of enforceability, but not the property of validity. Namely, bankruptcy and enforcement proceedings involve monetary compulsory execution, but it should be noted that one procedure excludes the other. Individual compulsory execution is carried out in the enforcement procedure, while bankruptcy proceedings include complete compulsory execution. To bankruptcy creditors, the Law on Bankruptcy provides legal certainty in the settlement of their claims through the Institute of Prohibition of Individual Execution and Settlement. The moratorium as an institute of prohibition of individual execution constitutes an obstacle to individual execution and settlement in bankruptcy proceed...
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