The views of the contemporary criminal law doctrine have been emphasizing the importance of finding adequate criminal legal instruments of state response to organized crime for more than a decade, primarily bearing in mind the danger this form of crime poses to the contemporary, democratic society. The adequacy of the state response to organized crime requires a number of instruments that should be effective in the strategic field, in the field of ratified international documents, amended legal texts, which in the future would contribute to an even more effective fight in the field of detecting, proving and conducting proceedings for organized criminal offences. Taking into account the degree of danger of organized crime to modern society, including the criminal offence of forming a group for the purpose of committing crimes, it is necessary to react in all the fields mentioned above, especially with regard to the process of accession to the European Union.The authors analyse the legal characteristics of the criminal offence of forming a group for the purpose of committing criminal offences, which is one of the basic types of criminalisation associated with organized crime. The authors also analyse the normative and practical measures that are a prerequisite for a more effective fight against organized crime and an important stepping stone on Serbia’s path to the European Union.
Legal uncertainty represents one of the major impediments to sustainable economic growth of transition countries. Inadequate legal framework is often the source of legal uncertainty and strong impediment to effective rule of law and efficient judiciary. The purpose of this paper is to investigate the effect of penal policy on the prevention of tax indiscipline. The improvement of legal framework and tax discipline creates a synergistic effect for attraction of FDI, enhanced allocation of resources and higher economic growth. The analysis of the shortcomings of the existing legal solution is accompanied by the assessment of the prevailing case law and tax evasion criminalization in the selected European countries. Holistic approach to research allowed for the development of a specific proposal for the enhancement of legal framework and, consequently, the increase of legal certainty with positive effects on the economic growth of Serbia in the medium and long term.
The pandemic caused by the spread of the infectious disease COVID-19, which affected the entire planet, caused not only the global health crisis, changing the usual way of life of the majority of the world's population, but also affected almost all areas of the state and social system. The health systems were most affected; however, in addition to them, the effects of measures adopted by national legislators or other competent authorities to eliminate or reduce the risk of spreading the disease have affected, inter alia, economic stability, but also challenged the judicial authorities given that in the new circumstances it was not easy to ensure their normal functioning. This primarily refers to the criminal justice, given the importance of cases and the need for urgent action, since it is necessary to ensure the conduct of trials and the work of all procedural entities in conditions that, at least in one period, implied drastic restrictions on some basic civil and human rights and freedoms. In that context, it is especially important to review the justification and legality of the measures introduced in the Republic of Serbia during the state of emergency with the aim of more or less normal operation of the judicial system in conditions when social life was almost completely paralyzed. In addition, there is the question of what challenges and controversial issues are generally posed before criminal law in a pandemic, as well as the analysis of data on the crime rate and the overall crime situation in the Republic of Serbia in the period since the introduction of the state of emergency and during the pandemic.
The subject of the paper is the analysis of solutions that exist in Serbian and German criminal procedural law and refer to cases in which the public prosecutor in the field of petty crime is authorized to act towards adult perpetrators in accordance with the principle of opportunity of criminal prosecution. In relation to one variant of this principle, which implies conditional and temporary restraint of criminal prosecution, there is a distinct similarity in both mentioned legislations. However, with regard to the classic form of this procedural principle, which enables the public prosecutor to refrain prosecution for reasons of expediency, where he primarily values the public interest in prosecuting, there is a striking difference, because our criminal procedural law does not allow such a variant of the principle of opportunity of criminal prosecution. This difference is a consequence of a different criminal policy approach, because while in German criminal law the problem of petty crime is solved exclusively by procedural mechanisms, in Serbian criminal law, in addition to procedural law, there are also appropriate instruments in the substantive criminal law.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.