Papers by Veljko Turanjanin
Anali Pravnog fakulteta u Beogradu, 2015
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The Liverpool Law Review, Mar 8, 2021
In this article, the author deals with the issue of life imprisonment without parole. Life impris... more In this article, the author deals with the issue of life imprisonment without parole. Life imprisonment represents a new type of penalty in Serbian criminal law, in addition to standard imprisonment. The present state of the Serbian criminal legislation provides the possibility of parole for most criminal offences after 27 years of imprisonment served, while simultaneously explicitly prohibiting the possibility of parole for certain offences. The author elaborates the judgments of the European Court of Human Rights regarding life imprisonment, emphasizing rehabilitation as the primary goal of criminal sanctions. After that, the author explains the legislative solutions outlined in the Criminal Code of Republic of Serbia. Through the analysis of the crucial provisions of the Criminal Code, as well as other important and relevant laws, the author points out the shortcomings of the existing regulations in Serbia regarding life imprisonment, which flagrantly threatens to violate the offenders’ human rights.
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International Journal of Evidence and Proof, Dec 1, 2021
This paper is focused on several important issues that deal with special investigation measures. ... more This paper is focused on several important issues that deal with special investigation measures. The main perspective of the analysis is based on the ECtHR case law on this issue. Two issues are from primary interests: secret monitoring of communication and undercover investigator. Intensive ICT development enables various modern techniques and methods of crime investigation but also results in some new types of crime that could be committed using ICT. Expansion of the fundamental rights and their protection, especially in Europe, raised global awareness of the right to privacy and the need to protect it. Having that in mind, it seems that the main question that should be answered by legislator is: Where is the borderline between the right to privacy and the public interest to investigate or prevent crime and collect evidence? The undercover investigator falls under Article 6 of the Convention and there are different rules on the admissibility of such evidence. Serbian Criminal Procedure Law on some points is in line with ECtHR standards, but some very important provisions, as well as practice, are not.
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Zbornik Radova: Pravni Fakultet u Novom Sadu, 2016
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Anali Pravnog fakulteta u Beogradu, Jul 14, 2018
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International Cybersecurity Law Review
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The authors in the work deal with the plea agreement in the international law - before the Tribun... more The authors in the work deal with the plea agreement in the international law - before the Tribunal for the former Yugoslavia. International law, which is glorified from the one side, and criticized for the other, gradually developed in the field of criminal procedure. This development is, however, largely influenced by political factors, which can be best seen in the proceedings before the Tribunal, where the individual rules are created during the criminal proceedings and particular amendments, followed by implementation of American legal solutions, despite all critics of the same rules in that system, as well as different opinions of the trial judges in the Tribunal. After the introductory remarks, the authors explain the legal basis of the plea bargaining. Then, they explain the majority of criminal cases in which occurred guilty plea. Through these cases, the authors came to the conclusion that, although in the national legal systems plea negotiation and plea agreement contribu...
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The paper aims to provide an analysis of the phenomenon of adolescent sexting. Simply put, adoles... more The paper aims to provide an analysis of the phenomenon of adolescent sexting. Simply put, adolescent sexting refers to juveniles participating in the process of receiving and sending sexually explicit content by the use of modern technologies, such as mobile telephony and social networks. The question is what can be done to protect the integrity, privacy and safety of youth, without resorting to overcriminalisation. The authors analyze normative regulation in the United States of America, given the fact that adolescent sexting has been widely recognized as potentially harmful in this federal state. Finally, the authors point out the possible ways of protection against sexting.Rad je posvećen analizi fenomena adolescentskog sekstinga. Veoma pojednostavlјeno rečeno, adolescentski seksting podrazumeva primanje i slanje seksualno eksplicitnih sadržaja putem savremenih sredstava komuniciranja, poput mobilne telefonije i društvenih mreža, u kome učestvuju maloletna lica. Postavlјa se ...
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Međunarodni naučni skup Univerziteta u Kemerov
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According to the provisions of The European Convention of Human Rights (ECHR), everyone has the r... more According to the provisions of The European Convention of Human Rights (ECHR), everyone has the right to liberty and security of person. Article 5 of ECHR specifically enumerates the grounds which can lawfully justify a deprivation of liberty. However, apart from the detention after conviction by a competent court, detention after arrest or detention in order to preserve public safety, minors can also be detained for the purpose of educational supervision and for the purpose of bringing a minor before the competent legal authority. The aim of this paper is to analyze case-law of the European Court of Human Rights, in order to point out to special circumstances that enable the lawful detention of a juvenile and, also, in order to compare the position of juveniles with the position of adults in reference to the protection of the right to liberty. Also, it is questionable if minors are entitled to a better protection against the deprivation of liberty than adults. Nevertheless, it is a...
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USKLAĐIVANjE pravnog sistema Srbije sa standardima Evropske unije: Knj.9, 2021
Тhe author deals with the problem of anonymous witnesses in the context of the right to a fair tr... more Тhe author deals with the problem of anonymous witnesses in the context of the right to a fair trial in the jurisprudence of the European Court of Human Rights. One of the problems in the application of Article 6 of the European Convention on Human Rights is related to the testimonies of anonymous witnesses in criminal proceedings. The case law of the European Court of Human Rights has developed certain criteria that must be followed in national legislation, but it is obvious that there is insufficient knowledge regarding this problem, as well as the reluctance to apply the mentioned rules. The standards developed by the ECtHR are very important for national laws and jurisprudence. The author explains the development of a three-step test that needs to be examined when assessing a violation of the right to a fair trial, through an analysis of a multitude of judgments, in order to provide guidance on the application of Article 6 § 3 (d) of the European Convention on Human Rights. Afte...
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The International Journal of Evidence & Proof, 2022
This paper is focused on several important issues that deal with special investigation measures. ... more This paper is focused on several important issues that deal with special investigation measures. The main perspective of the analysis is based on the ECtHR case law on this issue. Two issues are from primary interests: secret monitoring of communication and undercover investigator. Intensive ICT development enables various modern techniques and methods of crime investigation but also results in some new types of crime that could be committed using ICT. Expansion of the fundamental rights and their protection, especially in Europe, raised global awareness of the right to privacy and the need to protect it. Having that in mind, it seems that the main question that should be answered by legislator is: Where is the borderline between the right to privacy and the public interest to investigate or prevent crime and collect evidence? The undercover investigator falls under Article 6 of the Convention and there are different rules on the admissibility of such evidence. Serbian Criminal Proc...
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University of Bologna Law Review, 2020
The tension between safety and privacy has become an important issue in the modern world. Video s... more The tension between safety and privacy has become an important issue in the modern world. Video surveillance systems are indeed powerful tools for fighting crime on the one hand, and for the protection of property from theft on the other. The European Court of Human Rights (ECtHR) has examined the issue of video surveillance in many of its decisions. In this work, the author analyses the issue of video surveillance over employees and its influence on fundamental human rights and freedoms. He elaborates upon the ECtHR’s case of Lopez Ribalda and Others v. Spain in order to identify the balance between the right to privacy and the right to property. This is a case from the civil law, but with elements that could may be used in the criminal proceedings. Furthermore, it is important to determine when exactly the video footage of employees may be used as evidence in criminal proceedings. After the introductory remarks, the author briefly deals with the facts of the above case and explain...
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: Assisted suicide is the act whose manner of criminalization or non-criminalization varies from ... more : Assisted suicide is the act whose manner of criminalization or non-criminalization varies from country to country, regardless of the continent in question. Special attention has been paid to this form of deprivation of life lately, with the medical assisted suicide becoming current. Medical services include a wide range of services that exist in the modern era of mankind, and, at the end of the 20 th and the beginning of the 21 st century, the United States brought about a special medical service, known as a physician’s assistance in committing suicide. The authors of this article primarily deal with assisted suicide in the legal system of the states where decriminalization of this form of deprivation of life came about. After failing to pass the law in certain states, the first US legislation that legalized assisted suicide was the Oregon one, which brought about the law on death with dignity, which was unique in the world at the time. Successful implementation of this law contri...
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Nordic Journal of Human Rights, 2021
ABSTRACT The author discusses the issue of changes in the composition of the trial panel as an el... more ABSTRACT The author discusses the issue of changes in the composition of the trial panel as an element of the principle of immediacy, and the consequences that such changes have on a fair trial. Special consideration is given to the question of the relationship between the principle of immediacy and the efficiency of criminal proceedings, as one of the postulates of modern legislation. That is, on the one hand the defendant has the right to a fair trial, and, among other things, the right to hear a witness directly before the court of unchanging composition. On the other hand, the principle of immediacy suffers exceptions both when it comes to hearing witnesses before the court and when it comes to changes in the composition of the trial panel. The European Court of Human Rights has repeatedly dealt with the question of a change in the composition of the panel, but the question of whether the path it is taking is safe and well-founded remains open.
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Iranian Journal of Public Health, 2020
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Liverpool Law Review, 2021
In this article, the author deals with the issue of life imprisonment without parole. Life impris... more In this article, the author deals with the issue of life imprisonment without parole. Life imprisonment represents a new type of penalty in Serbian criminal law, in addition to standard imprisonment. The present state of the Serbian criminal legislation provides the possibility of parole for most criminal offences after 27 years of imprisonment served, while simultaneously explicitly prohibiting the possibility of parole for certain offences. The author elaborates the judgments of the European Court of Human Rights regarding life imprisonment, emphasizing rehabilitation as the primary goal of criminal sanctions. After that, the author explains the legislative solutions outlined in the Criminal Code of Republic of Serbia. Through the analysis of the crucial provisions of the Criminal Code, as well as other important and relevant laws, the author points out the shortcomings of the existing regulations in Serbia regarding life imprisonment, which flagrantly threatens to violate the offenders’ human rights.
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Forensic Research & Criminology International Journal, 2020
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Papers by Veljko Turanjanin