CRIMES AGAINST SEXUAL FREEDOM AND MORALITY AT THE APPELLATE COURT AREA OF STIP (original) (raw)
Related papers
Development of the crime of rape trough the history of criminal law and its tendency today
Аbstract: Rape as a violent act, a social phenomenon and one of sexual offenses is the foundation of human society caused moral condemnation, public contempt and punitive reaction that has throughout history been different and changed. Earlier norms of criminal low increasing number of such conduct criminalized while recent legislation based on the view that human sexuality is a part of its intimacy and sexual freedom that the state should not regulate the norms of criminal law unless they are accompanied by coercion, or various forms of abuse. The subject of our work is the review of the crime of rape through its development in the most famous written laws of the antiquity, the Middle Ages and the new history of the criminal law in Serbia, and analysis of its legal nature through different periods of human society. Our goal was to determine whether differences exist and what are those between norms defending this type of illicit behavior early in the written codes and the applicable norms of criminal law by the comparative method. Also, we tried to point out the possible directions of further development of the criminalization of this crime given the trend towards the spread of sexual freedom as a result of constant social changes in terms of understanding of sexual morality.
Criminological characteristics of sexual violence
SHS Web of Conferences, 2018
The aim of the current article is to analyse the criminological aspect of sexual violence. Nowadays sexual assault has become a major social issue in many contemporary cultures. Sexual violence is a complex interdisciplinary issue, which includes several aspects psychological, judicial, medical, and other aspects. Sexual crime is an urgent problem with a high level of latency, most part of such crimes are not reported in crime statistics. Particularly, sexual violence against children is a serious problem for Latvia and the world. At present, there is a sharp increase in such crimes as a human trafficking or commercial sexual exploitation; as well as the number of sexual crimes against boys is rising. Expansion of criminal activity in the cyberspace has also increased.
A Conceptual Inquisition on Sexual Crimes
2014
In this paper, the starting point comprises the general philosophy of sexuality. Despite certain differences in various cultures throughout the world and social history regarding all matters of sexuality, many converging principles of mankind are also there to take notice. In this light, in this work, the dimension of criminality in sexuality is taken into consideration. Rape seems to be the most common type of violent sexual crime. The topic of sexual offences (milder crimes) in the legal framework is further developed and debated, with references to figures of authority. Sexual harassment seems to be the mildest form or degree of offence on a scale depicting the spectrum of sexual crimes. As a matter of fact, its mere definition emerged only in contemporary times, even though its presence had been a fact of social life, throughout the ages. In this paper, while a general survey is preferred, peculiarities due to Turkey as a separate country with its own cultural history, are also alluded to inappropriate places, along the course of debates.
Chemical Castration as a security measure in the criminal legislation of the Republic of Macedonia
International Journal of Social Sciences and Education Research, 2017
Protecting children from sexual violence represents one of the basic premises of any state of contemporary society. It is quite necessary to take all necessary measures to prevent these criminal acts. The Republic of Macedonia last few years has taken a series of legislative measures aimed at preventing and punishing the most severe offenders of sexual assault against children. Taking only harsh punishments and repressive measures against the perpetrators are not enough for the prevention of sexual assault offenses against children. Those persons should be treated medically in order not to repeat the offense. Chemical castration is considered as most appropriate form of treatment of pedophiles in the world. In 2014 The Republic of Macedonia made a step further by incorporating in its criminal legislation, the pharmacological-medical treatment of perpetrators of sexual assaults against a child who has not attained the age of 14 a.k.a. chemical castration. This article aims to theoretically elaborate this measure as it is regulated in the Criminal Code and in the Law on the Execution of Criminal Sanctions by analyzing the respective articles in order to see the manner, the conditions and the circumstance of its regulation and execution.
NBP. Nauka, bezbednost, policija, 2023
Historical teachings and attempts to understand female's overall participation in criminality have shown us that at certain moments the idea that science had about women's participation is reduced to their inciting or helping in the commission of criminality. Namely, it is considered that the "chivalrous" behaviour of the man contributed to less and less frequent detection of the criminal behaviour of the woman. One of the characteristics that prevails in the majority of cases when a woman appears as a perpetrator of a crime, is that she does not do it alone. In a woman, the a ect prevails and she is independent in the role of a criminal when it is done in a ection, especially when committing murders or serious physical injuries to an intimate partner or a close person, but when she seriously engages in criminal, recidivist and professional activities, she is usually accompanied by other persons, so she appears as a co-perpetrator or as an accomplice in the crime. We think that this topic is interesting to consider since that the overall statistics might be very di erent in relation to the total participation of women in criminality if they are le alone at any moment, and also depending on who appears in the role of a co-perpetrator. rough an analysis of the theoretical understanding of the problem and statistics in our country, we want to check whether such understandings are correct and whether we could contribute to the understanding and prevention of female crime in North Macedonia and the neighbourhood.
LEGAL MEDICAL ASPECTS IN SEX CRIMES: A BIBLIOGRAPHIC REVIEW (Atena Editora)
LEGAL MEDICAL ASPECTS IN SEX CRIMES: A BIBLIOGRAPHIC REVIEW (Atena Editora), 2023
The various occurrences of violence, manifested in physical or psychological form, suffered throughout history by the female population can be considered as an affront to fundamental rights and human dignity, provided for in different Brazilian legal diplomas. The reality of omission on the part of many authorities and the dissemination, in many media, of a culture of omission to these practices of violence, are not receptive in the social context, which, in the face of repeated aggressive situations against the female public, has been participating in different spaces of struggle in search of the defense of their rights, understanding that this role is part of their essence, as a profession dedicated to the defense of rights. The bibliographic review on screen brought some important elements that support the debate around sexual violence with regard to medical civil liability, understanding that there is no room for omission of any organized group in society, which has as its principle the preservation of dignity human.
Regional Law Review
The main idea for this topic came as a reflection of the recent happenings that shocked the entire Region, especially Serbia. Actresses from Serbia, after several years, gathered courage and told the whole world how they survived rape. The cases were investigated, and some of them had a criminal proceeding as the epilogue. This paper will contain three chapters. The first chapter will give the definition of the "sexual assault" with special emphasis on consent, which is the key element that connects several sexual offences such as crimes "sexual harassment" and "raping". The second chapter will provide an overview of European Court of Human Rights practice considering the crime of rape and the effect of ECtHR case law on national legislation. Finally, the final chapter will present the legislation regulating the "crime of rape" in Bosnia and Herzegovina, Serbia and Croatia. This chapter is important for showing the difference between the definition, processing and the punishment for raping a person. It is well known that, for example, in 2019, Serbia adopted "Tijanas law" which implies life imprisonment for the most serious crimes : aggravated murder of a child, rape with a fatal consequence, sexual intercourse with a helpless person with a fatal consequence, sexual intercourse with a child with a fatal consequence, sexual intercourse with a child with abuse of position with a fatal consequence. Finally, in the conclusion of the paper the authors will try to answer several questions, for example to what extent the courts respect the Strasbourg principles, why
The Sexual Offences against Women in Modern Legal Society
Abstract Sex is universal, inevitable and powerful belief between male and female of subsists for pleasure and reproduction as natural, moral and lawful activities. However, unnatural, immoral and unlawful sexual activities are offences which may happen against a man or a woman. The sexual offences against women are very unenthusiastic and horrifying incidents observed in the past thatreflect the existence of a long history connected with system, regime, religion and state. Society is always dynamic and it has come across deadly revolutions for the rights of homo Sepians that has resulted evolution of women over the time. Evolution takes serious issues to sexual offences against women in modern legal society whichis defined as a legal approach adopted by the state, known as a national law and rights approach adopted by the global village, which is known as international law. They define sexual offences against women in the different milieu and therefore provide a separate mechanism to address it. The sexual offences against women is condemned and several initiatives are undertaken to prevent, prohibit and eliminate in order to create the environment of respect, protection and promotion of women for women governance, however, the outcome is poor. Criminal laws have incorporated numerous provisions to deal with the sexual offences against women; however the modern liberal legal regime has been unable to tackleit because of the gap observed in the law, society and development. There is a significant role of constitution, parliament, executive and judiciary to introduce and implement the standards, laws and activism in the sexual offences against women. Key Words: Evolution, Human Rights, Judicial Activism, Sexual Offence, Women Governance.