Search

Persons committing misdemeanors pursuant to the Tobacco Law are prosecuted pursuant to a misdemeanor notice. Should such person be found responsible in the ensuing procedure, the misdemeanor court may sentence him to the most severe fine foreseen in the Misdemeanor Law, as well as in the Tobacco Law. Apart from prescribing misdemeanors, the Tobacco Law also contains other provisions of importance for material and procedural misdemeanor law, as well as the enforcement of misdemeanor law. The subject of this paper are exactly these specific misdemeanor provisions from the Tobacco Law. [ABSTRACT FROM AUTHOR]

In the paper, the author discusses the conditions under which misdemeanor from the Law on Public Order and Peace can be committed via the Internet. These are the existence of the element of publicness, the essential feature of the mentioned misdemeanor, which is manifested through the requirement that the act of execution and the consequences of the misdemeanor be objectified in a public place, and the eligibility of being a misdemeanor. The Internet as a digital space is viewed through two segments: public and non-public Internet space. The criterion of the direction of the enforcement action on public or non-public internet space is defined, which depends on whether the internet can be considered a public place. Spatial, expansive and consequent determination of the public place resulting from the legal definition of this term and the relationship with the Internet were analyzed. Eligibility of being a misdemeanor determines which misdemeanors from the Law on Public Order and Peace can be committed on the Internet. The author’s conclusion is that the focus of the enforcement action on the public Internet space implies the existence of a misdemeanor, and that in the case of a non-public Internet space, the misdemeanor exists if the consequence occurred in a public place or public Internet space. [ABSTRACT FROM AUTHOR]

In the positive legal system of the Republic of Srpska, endangering to safety and endangering to security are regulated as two different criminal of fenses, in such a way that endangering safety is prescribed as a criminal offense against the freedoms and rights of citizens, while endangering to security (threat of an attack on life, body or property) is prescribed as misdemeanor against public order and peace. The paper will analyze both of these criminal acts, with the aim of highlighting the similarities and differences between them and possibly. after that analysis, determining whether there is still a need for both acts, prescribed in this way, to exist in positive legal system. The author proposes de lege ferenda to correct the legal description and name of the misdemeanor endangering security by threatening to attack life, body or property in such a way that this misdemeanor only bears the name of threat and that the legal description expressly states that the place of execution is a public place or prescribe as consequence a violation of public order and peace or to decriminalize this misdemeanor because everything that this offense currently provides protection for is already sufficiently and adequately protected by the criminal offense of endangering safety. [ABSTRACT FROM AUTHOR]

Criminal offences against economic interests are prescribed in the separate chapter of the Criminal Code of the Republic of Serbia. It is about 29 incriminations. Except that these offences are prescribed in the Criminal Code, such incriminations are prescribed and by the other laws. Author of this paper refers to certain penal and criminological aspects of the mentioned offences. At the beginning of paper there is a word about punishable acts in the field of economic interests. A chapter of work is dedicated to data on the frequency of occurrence of such offences. Author emphasizes certain specifics in regard to the enforcement of criminal sanctions against persons convicted for offences against economic interests. [ABSTRACT FROM AUTHOR]

Certain acts in the Republic of Serbia foresee a wide range of tax misdemeanors. These are not only misdemeanors prescribed by the Law on Tax Procedure and Tax administration, but also misdemeanors contained in other laws. In the current Law on Tax Procedure and Tax Administration there are some specific misdemeanor provisions which will be the subject of this paper. [ABSTRACT FROM AUTHOR]

Convicts who have committed crimes, which the Act on Special Measures for Preventing the Commission of Sex Crimes against Minors applies to, are subject to special measures after serving their prison sentence. The special measures are applied by force of law and must be enforced for at least two and at longest for twenty years after the prison sentence has been served. The author focuses on these special measures. [ABSTRACT FROM AUTHOR]

After a misdemeanor and its perpetrator are discovered, the prosecution of the misdemeanor is initiated. Pursuant to the Misdemeanor Law either a request for initiation of a misdemeanor procedure is submitted against the defendant, or a misdemeanor warrant is issued. Without an “initiation act“, a misdemeanor procedure cannot be pursued. In the current Law on Tax Procedure and Tax Administration there are certain specifics concerning the procedure for pursuing defendants of tax misdemeanors. The author focuses on examining the characteristics of this procedure. [ABSTRACT FROM AUTHOR]