MARGINAL NOTES TO THE PROVISIONS OF THE CRIMINAL PROCEDURE CODE ON THE HEARING FOR THE IMPOSITION OF CRIMINAL SANCTIONS

The article refers to the hearing for imposing a criminal sanction, as a simplified procedural form provided by the Serbian Criminal Procedure Code. It is an institute which in comparative legislation is usually called a penal order. The paper critically considers the regulation of this procedural form, and at the end are given some proposals de lege ferenda.

Carceral urbanism: Reconstructing the architecture of punitive space in post-genocide Rwanda

In this article I make the argument that the prison in post-genocide Rwanda is an architectural artefact and a problem-space around which to examine the transitional dilemmas of the post-genocide period. I examine the changing punitive architecture of incarceration in Rwanda’s capital and in secondary urban areas. Looking at the space of the prison in relation to the changing city, I posit that through the penal production of space, the state reconfigures logics of punitive practices and urban governmentality. Changing logics of incarceration are evident in Rwanda today in the deconcentration of the capital, Kigali, to make way for an urban masterplanned order. In analyzing this shift in the visibility of the penal order in Rwanda over time, I contend that the prison constructs the city through its punitive and surveillance-based logic, as much as the city constitutes the prison as a spatially segregated edifice. I examine two sets of governmental spaces and practices that have run through different eras of Rwanda’s colonial, post-independence and post-genocide periods: (a) the prison and punishment, and (b) the reordering of the capital city and urban planning.

RULE OF LAW CONCERNS IN THE CROATIAN PENAL ORDER PROCEDURE LINKED TO DEPRIVATION OF LIBERTY, JUDICIAL CONTROL, ADMISSIBILITY OF EVIDENCE AND PROCEDURAL RIGHTS

The paper analyses the mechanism of a penal order as a consensual procedure aimed at relieving the criminal justice system in cases of minor criminal offences by avoiding a trial. The study aims to analyse the Croatian normative framework and case law in order to determine the distinctive traits of the penal order procedure in a comparative legal context, disclose the procedural reality and detect its shortcomings. The paper focuses on the substantive and procedural requirements for the issuing of a penal order, the judicial control of the indictment requesting a penal order, the defence rights in the proceedings before the issuing of a penal order and the position of the victim. These key elements were researched through normative, theoretical and comparative analysis of German, Austrian, Italian and French law and conclusions were tested in the case law of the Municipal Criminal Court in Zagreb and the Municipal Court in Split. The results of the research reveal that the expansion of the application of the penal order to graver offences punishable by five years of imprisonment and to more severe penalties such as deprivation of liberty, as well as deviations from some fundamental criminal procedural principles inherent in the penal order procedure, raise the question of providing adequate procedural guarantees for the defendant and the victim.

Court’s Ability to Assess Evidence Obtained During Operational Activities

The article discusses the court’s ability to assess information of evidence obtained during operational activities. It addresses only the cases where a person is found guilty of a criminal offence and criminal punishment has been imposed by a court judgment, without considering cases where the punishment has been determined by the public prosecutor when drawing up a penal order. The aim of the study is to examine the possibilities of the court to assess information of evidence about facts obtained in operational activities, to identify legal and practical issues for the court’s ability to assess such information, as well as to propose solutions. Material and methods used in the preparation of the article include analysis and description of regulatory enactments, court judgments, comparative and lo­gical method. These materials and methods help to achieve the goal of the research. Analysing normative acts and court judgments, describing normative acts and court judgments in the article, analysis and description of normative acts and court judgments have been used for the compositon of the research. The comparative method has been used to compare provisions of regulatory enactments, while the logical method has been used to draw conclusions. Methods of interpretation of legal norms – grammatical, systemic and teleological method – have also been used in the composition of the study. Keywords: court, criminal proceedings, evidence.

TINJAUAN HUKUM ATAS PROSES PENYIDIKAN TERHADAP PELAKU TINDAK PIDANA YANG DIDUGA MENGALAMI GANGGUAN KEJIWAAN

Article 44 of the Penal Order stipulates that it is not punishable for anyone acting in a state of disficed or impaired soul due to a disease. Article 44 of the Criminal War clearly mentions one of the possible restrictions on a person's ability to account for his or her actions before the law. The research methods used in this study are normative approaches and empirical approaches. The data sources in this study consist of primary data and secondary data. The problem is, in the process of investigating the perpetrator of a crime suspected of having a psychiatric disorder and whether the legal consequences arising from the investigation of a criminal suspected of having a psychiatric disorder. The results of this study show that the investigation of suspected criminals with psychiatric disorders in accordance with sop investigations ranging from summons, arrest, detention, seizure, examination, requesting forensic expert information, shooting suspects and submiting case files to the court. As a result of the law that arises from the investigation of the perpetrator of the alleged criminal disorder based on the expert's description in this case forensic experts through psychological examination of the psychological condition of the perpetrator which from the results of Visum et Repertum Psychiatricum states that the suspect is in a healthy condition of his soul and continues the investigation process.

Penal Order Proceedings as a Manifestation of Permissible Simplification of Certain Procedural Institutions

Penal order proceedings are but one type of special procedure. They are characterised by a far-reaching reduction in formalism. The article discusses institutions which are characteristic for this type of proceedings, noting the admissibility of such solutions but also the dangers inherent in adjudication only on the basis of evidence collected by the public prosecutor. In addition, a detailed analysis of the positive and negative criteria for the use of penal order proceedings was presented.

Fighting Against Organized Crime With the Use of Agent Provocateur. The Experience of Slovak Republic. Outline of Issues

In subject literature devoted to police formations in various countries, we can find a lot of terms describing essentially the same institution concerning the police officer’s secret actions — “undercover”, the so called “police agent”. In the legal and penal order of many countries the terminology concerning the police agent’s institution has not been standardized until now, no single term covering this issue has been elaborated so far. The most frequent terms that may be encountered are: “secret investigative agent“, “secret police officer“, “undercover agent“, “covert“ or “secret agent“. Not only are we dealing with a situation in which in practice there is no one international and universal term describing this issue, but also in majority of European countries there are various determinants and criteria enabling the practical use of this “tool, designated for the fight against criminality. The factors that affect it include, for example: the implications provided to law enforcement authorities by domestic and international activities of organized crimes which, in turn, forces us to identify and define emerging threats and to modify and adjust practical actions concerning the police, prosecutor’s office and courts in their fight with this specific kind of criminal activity. For this reason, we may be able to find various doctrines concerning the procedure of using the institution of the police agent’ in the fight against criminality all over the world. The article has been prepared as part of theresearch project called “Understand the Dimensions of Organized Crime and Terrorist Networks for Developing Effective and Efficient Security Solutions for First-line-practitioners and Professionals” (Project: TAKEDOWN, H2020-FCT-2015, No.: 700688).