One of the current issues of criminal law, in general, is the issue of execution of a criminal judgment sentenced by the international criminal court (ad hoc or permanent international criminal court). The issue is ongoing because international criminal courts do not have their institutions for the enforcement of criminal sanctions they impose, but are, in that regard, instructed to cooperate with states that express readiness to execute criminal sanctions -imprisonment sentences imposed by an international criminal court in their prison facilities. Among the numerous issues related to this issue, the paper analyzes only those related to the legal basis for standardization, conditions, and manner of execution of a prison sentence imposed by an international criminal court.
PERCEPTION OF CITIZENS ON ARREST AS A MEASURE TO ENSURE THE DEFENDANT’S PRESENCE ABSTRACT Arrest is a specific and necessary measure to ensure the defendant’s presence which is made by the police before the beginning of a criminal procedure. Arrest is an “institute” determined by the Constitution of the Republic of Croatia and the most important supranational sources on human rights and freedoms, such as the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, European Convention for the Protection of Human Rights and Fundamental Freedoms and other sources because it restricts the right to movement as a fundamental right of citizens. Considering the importance of the institutes such as arrest, a research dealing with attitudes on and knowledge of citizens about arrest was conducted. 114 respondents (N = 114) participated in the research and a pure factor structure was given for four factors overall, and the results obtained by testing the hypotheses indicate the existence of a statistically significant correlation between general attitudes on arrest and the attitudes on the arrest of a person that the respondents know. In other words, the respondents who know an arrested person and who have a positive attitude on that concrete arrest will also have a positive attitude on arrests in general. Key words: arrest; attitudes on arrest; perception of citizens
Uvođenje obveznih uhićenja kod nasilja u obitelji u SAD-u pokazalo je da je to, među ostalim, dovelo i do povećanja broja tzv. dvostrukih uhićenja, tj. situacija u kojima su obje strane koje sudjeluju u incidentu uhićene pod sumnjom da su počinitelji nasilja. To je dovelo do proučavanja problematike dvostrukih uhićenja, njihovih posljedica i načina kako se ona mogu spriječiti. Dvostruka uhićenja kod nasilja u obitelji u jednom su trenutku prepoznata kao problem i u Republici Hrvatskoj. Prije iznošenja dosadašnjih spoznaja o dvostrukim uhićenjima prvo se izlaže normativni okvir za uhićenje u prekršajnom postupku te za prekršaje nasilja u obitelji. U središnjem dijelu rada iznose se rezultati istraživanja o dvostrukim uhićenjima provedenoga u tri policijske postaje na području Policijske uprave zagrebačke na uzorku svih prekršajnih predmeta pokrenutih prema Zakonu o zaštiti od nasilja u obitelji u 2021. godini. Na temelju provedenogistraživanja u zaključnim se razmatranjima iznose određeni zaključci o dvostrukim uhićenjima kod prekršaja nasilja u obitelji.
The paper analyzes the criminal offense of illegal entry, movement and stay in the Republic of Croatia, another Member State of the European Union or a signatory state to the Schengen Agreement under Article 326 of the Criminal Code and its connection with the misdemeanor of the prohibition of assisting a thirdcountry national from Article 43 of the Law on Foreigners with regard to the difficulties and implications that may arise during their delimitation. In particular, the implementation of Council Directive 2002/90/EC on the definition of facilitation of unauthorized entry, transit and residence as well as its harmonization is analyzed. The differentiation between the misdemeanor in question and the criminal offense is not simple and includes a number of factors that in fact depend on each individual case, but when it comes to the classification of criminal offences, the decisive factor is greed, whereas recent case law shows that when it comes to criminal offenses under Article 326 of the Criminal Code, these are wellorganized groups that, upon detection, do not shy away from attacking police officers in pursuit of their goals.
The paper analyses the European Arrest Warrant which is based on the principle of mutual recognition and the principle of effective cooperation, which represent the foundations of judicial cooperation in criminal legal matters. The authors analyse whether there are obstacles to mutual recognition of decisions and how effective cooperation is when it comes to the European Arrest Warrant. The paper includes the conducted research regarding appeals against the European Arrest Warrant addressed to the Supreme Court and the High Criminal Court of the Republic of Croatia. The aim is to use a random sample to determine which criminal offenses are most often the subject of the European Arrest Warrant, as well as the number of rejections or acceptance of appeals against the European Arrest Warrant. In particular, by using the case study method, cases were analysed in which the appeal was accepted, i.e., to determine the shortcomings of the first instance courts in making decisions. According to the available data, an analysis was performed on the number of issued and executed warrants for individual countries from 2014 to 2018, which shows the functionality of the implementation.
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