Rajs 2017 Tom 1 PDF

MEĐUNARODNI NAUČNI SKUP „DANI ARČIBALDA RAJSA“
TEMATSKI ZBORNIK RADOVA MEĐUNARODNOG ZNAČAJA
INTERNATIONAL SCIENTIFIC CONFERENCE “ARCHIBALD REISS DAYS”

THEMATIC CONFERENCE PROCEEDINGS OF INTERNATIONAL SIGNIFICANCE
MEĐUNARODNI NAUČNI SKUP
INTERNATIONAL SCIENTIFIC CONFERENCE
„DANI ARČIBALDA RAJSA“

“ARCHIBALD REISS DAYS”
Beograd, 7-9. novembar 2017.
Belgrade, 7-9 November 2017
TEMATSKI ZBORNIK RADOVA

MEĐUNARODNOG ZNAČAJA
THEMATIC CONFERENCE PROCEEDINGS

OF INTERNATIONAL SIGNIFICANCE
TOM I
VOLUME I
Kriminalističko-policijska akademija
Beograd, 2017
Academy of Criminalistic and Police Studies
Belgrade, 2017
Publisher
ACADEMY OF CRIMINALISTIC AND POLICE STUDIES
Belgrade, 196 Cara Dušana Street (Zemun)
Editor-in-Chief
BILJANA SIMEUNOVIĆ-PATIĆ, PhD
Academy of Criminalistic and Police Studies
Editors
ALEKSANDAR BOŠKOVIĆ, PhD, Academy of Criminalistic and Police Studies
DAG KOLAREVIĆ, PhD, Academy of Criminalistic and Police Studies
NENAD RADOVIĆ, PhD, Academy of Criminalistic and Police Studies
SAŠA MILOJEVIĆ, PhD, Academy of Criminalistic and Police Studies
TANJA KESIĆ, PhD, Academy of Criminalistic and Police Studies
RADOMIR ZEKAVICA, PhD, Academy of Criminalistic and Police Studies
Thematic Proceedings Reviewers

JOVAN ĆIRIĆ, LLD, Constitutional Court Judge, Serbia
MILAN ŠKULIĆ, LLD, Constitutional Court Judge, Serbia
ĐURAĐ BUDIMIR, PhD, University of Westminster, London, United Kingdom
IMRE RUDAS, PhD, Obuda University, Budapest, Hungary
GORAZD MEŠKO, PhD, Faculty of Criminal Justice and Security, Ljubljana,
University of Maribor, Slovenija
Computer Design
MILOŠ IVOVIĆ
JOVAN PAVLOVIĆ
DRAGOLJUB MILUTINOVIĆ
Impression
200 copies
Print
Univerzal, Čačak
THE CONFERENCE AND THE PUBLISHING OF PROCEEDINGS WERE SUPPORTED BY

THE MINISTRY OF EDUCATION, SCIENCE AND TECHNOLOGICAL
DEVELOPMENT OF THE REPUBLIC OF SERBIA
© 2017 Academy of Criminalistic and Police Studies, Belgrade
ISBN 978-86-7020-378-5
ISBN 978-86-7020-190-3
Izdavač
KRIMINALISTIČKO-POLICIJSKA AKADEMIJA
Cara Dušana 196, Zemun, Beograd
Glavni i odgovorni urednik

Prof. dr BILJANA SIMEUNOVIĆ-PATIĆ
Kriminalističko-policijska akademija
Urednici
Prof. dr ALEKSANDAR BOŠKOVIĆ, Kriminalističko-policijska akademija
Prof. dr DAG KOLAREVIĆ, Kriminalističko-policijska akademija
Prof. dr NENAD RADOVIĆ, Kriminalističko-policijska akademija
Prof. dr SAŠA MILOJEVIĆ, Kriminalističko-policijska akademija
Prof. dr TANJA KESIĆ, Kriminalističko-policijska akademija
Prof. dr RADOMIR ZEKAVICA, Kriminalističko-policijska akademija
Recenzenti Zbornika radova

Prof. dr JOVAN ĆIRIĆ, sudija Ustavnog suda Republike Srbije
Prof. dr MILAN ŠKULIĆ, sudija Ustavnog suda Republike Srbije
Prof. dr ĐURAĐ BUDIMIR, Univerzitet u Vestminsteru, London, V. Britanija
Prof. dr IMRE RUDAŠ, Univerzitet Obuda, Budimpešta, Mađarska
Prof. dr GORAZD MEŠKO, Fakultet za bezbednosne studije, Ljubljana,
Univerzitet u Mariboru, Slovenija
Tehničko uređenje
MILOŠ IVOVIĆ
JOVAN PAVLOVIĆ
DRAGOLJUB MILUTINOVIĆ
Tiraž
200 primeraka
Štampa
Univerzal, Čačak
ODRŽAVANJE SKUPA I ŠTAMPANJE OVOG ZBORNIKA PODRŽALO JE

MINISTARSTVO PROSVETE, NAUKE I TEHNOLOŠKOG RAZVOJA REPUBLIKE SRBIJE
© 2017 Kriminalističko-policijska akademija, Beograd
ISBN 978-86-7020-378-5
ISBN 978-86-7020-190-3
HONORARY COMMITTEE
Goran Bošković, PhD, Academy of Criminalistic and Police Studies, President
Biljana Simeunović-Patić, PhD, Vice Dean of the Academy of Criminalistic and Police Studies
Dragana Kolarić, LLD, Constitutional Court Judge
Tijana Šurlan, LLD, Constitutional Court Judge
Jovan Ćirić, LLD, Constitutional Court Judge
Sima Avramović, LLD, Dean of the Faculty of Law University of Belgrade
Ivica Radović, PhD, Dean of the Faculty of Security, University of Belgrade
Major-General Goran Zeković, Head of the Military Academy, University of Defence, Belgrade
Branislav Đorđević, PhD, Director of the Institute of International Politics and Economics, Belgrade
International members
David D. Stephens, PhD, School of Criminal Justice, Michigan State University, USA
Olivier Ribaux, PhD, Director of the School of Criminal Justice, University of Laussane, Switzerland
Norbert Leitner, PhD, President of the Association of European Police Colleges (AEPC),
Director of SIAK, Vienna, Austria
José García Molina, PhD, Director of National Police Academy, Ávila, Spain
Hao Hongkui, PhD, President of the National Police University of China, Shenyang, China
Major-General Vladimir Tretyakov, PhD, Chief of the Volgograd Academy of the MoI of Russia
Major-General Valeriy Vyacheslavovich Sereda, PhD,
Rector of the Lviv State University of Internal Affairs, Ukraine
Major-general Vladimir Bachila, PhD, Head of the Academy of MoI of the Republic of Belarus
Piotr Bogdalski, PhD, Rector of Police Academy, Szczytno, Poland
Lucia Kurilovská, PhD, Rector of the Academy of the Police Force, Bratislava, Slovakia
Jozef Meteňko, PhD, Academy of Police Force, Bratislava, Slovakia
Daniel-Costel Torje, PhD, Rector of the Police Academy “Alexandru Ioan Cuza”, Bucharest, Romania
Simion Carp, PhD, Rector of the Academy “Stefan cel Mare”, MoI of the Republic of Moldova
Zoltán Rajnai, PhD, Bánki Donát, Óbuda University, Hungary
Andrej Sotlar, PhD, Dean of the Faculty of Criminal Justice and Security, Ljubljana, Slovenia
Ivan Toth, PhD, Dean of the University of Applied Sciences Velika Gorica, Croatia
Nikola Dujovski, PhD, Dean of Faculty of Security, Skopje, Macedonia
Predrag Ćeranić, PhD, Dean of the Faculty of Security Science, University of Banja Luka, BiH
Nedžad Korajlić, PhD, Dean of the Faculty for Criminal Justice, Criminology and Security Studies,
University of Sarajevo, BiH
Velimir Rakočević, PhD, Dean of the Faculty of Law, Podgorica, Montenegro
Rajko Peković, Dean of the Police Academy, Montenegro
PROGRAMME COMMITTEE
Prof. dr Đorđe Đorđević, KPA, predsednik
Prof. dr Milan Žarković, KPA
Prof. dr Dag Kolarević, KPA
Prof. dr Dane Subošić, KPA
Prof. dr Obrad Stevanović, KPA
Prof. dr Saša Milojević, KPA
Prof. dr Saša Mijalković, KPA
Prof. dr Boban Milojković, KPA
Prof. dr Aleksandra Ljuština, KPA
Prof. dr Radomir Zekavica, KPA
Prof. dr Aleksandar Bošković, KPA
Prof. dr Tanja Kesić, KPA
Prof. dr Zoran Đurđević, KPA
Prof. dr Nenad Radović, KPA
Doc. dr Dragoslava Mićović, KPA
Prof. dr Dragan Ranđelović. KPA
Prof. dr Nikola Milašinović, KPA
Prof. dr Smilja Teodorović, KPA
Prof. dr Stevo Jaćimovski, KPA
Prof. dr Miroljub Blagojević, KPA
Prof. dr Nenad Koropanovski, KPA
POČASNI ODBOR
Prof. dr Goran Bošković, Kriminalističko-policijska akademija, predsednik
Prof. dr Biljana Simeunović-Patić, Kriminalističko-policijska akademija
Prof. dr Dragana Kolarić, sudija Ustavnog suda Republike Srbije
Prof. dr Tijana Šurlan, sudija Ustavnog suda Republike Srbije
Prof. dr Jovan Ćirić, sudija Ustavnog suda Republike Srbije
Prof. dr Sima Avramović, dekan Pravnog fakulteta Univerziteta u Beogradu
Prof. dr Ivica Radović, dekan Fakulteta bezbednosti Univerziteta u Beogradu
General-major Goran Zeković, načelnik Vojne akademije Univerziteta odbrane, Beograd
Prof. dr Branislav Đorđević, direktor Instituta za međunarodnu politiku i privredu, Beograd
Članovi iz inostranstva
Prof. dr David D. Stephens, Škola za kriminalistiku, Državni univerzitet u Mičigenu, SAD
Prof. dr Olivier Ribaux, direktor Fakulteta za kriminalistiku, Univerzitet u Lozani, Švajcarska
Dr Norbert Leitner, predsednik Asocijacije evropskih policijskih koledža (AEPC),
direktor Policijske akademije u Beču (SIAK), Austrija
Dr José García Molina, direktor Nacionalne policijske akademije, Avila, Španija
Prof. dr Hao Hongkui, predsednik Nacionalnog policijskog univerziteta Kine, Šenjang, Kina
General-major prof. dr Vladimir Tretjakov, načelnik Volgogradske akademije MUP Rusije
General-major doc. dr Valerij Vjačeslavovič Sereda,
rektor Državnog univerziteta unutrašnjih poslova, Lavov, Ukrajina
General-major prof. dr Vladimir Bačila, načelnik Akademije MUP Belorusije
Prof. dr Piotr Bogdalski, rektor Policijske akademije, Ščitno, Poljska
Doc. dr Lucia Kurilovska, rektor Policijske akademije, Bratislava, Slovačka
Prof. dr Jozef Metenko, Policijska akademija, Bratislava, Slovačka
Prof. dr Daniel-Costel Torje, rektor Policijske akademije „Alexandru Ioan Cuza“, Bukurešt, Rumunija
Prof. dr Simion Carp, rektor Akademije “Stefan cel Mare”, Moldavija
Prof. dr Zoltan Rajnai, Banki Donat, Univerzitet Obuda, Mađarska
Prof. dr Andrej Sotlar, dekan Fakulteta bezbednosti, Ljubljana, Slovenija
Prof. dr Ivan Toth, dekan Univerziteta Velika Gorica, Hrvatska
Prof. dr Nikola Dujovski, dekan Fakulteta bezbednosti, Skoplje, Makedonija
Doc. dr Predrag Ćeranić, dekan Fakulteta bezbjednosnih nauka, Univerzitet u Banjoj Luci, BiH
Prof. dr Nedžad Korajlić, dekan Fakulteta za kriminalistiku, kriminologiju
i sigurnosne studije, Univerzitet u Sarajevu, BiH
Prof. dr Velimir Rakočević, dekan Pravnog fakulteta, Podgorica, CG
Rajko Peković, direktor Policijske akademije, Danilovgrad, CG
PROGRAMSKI ODBOR
Đorđe Đorđević, PhD, ACPS, President
Milan Žarković, PhD, ACPS
Dag Kolarević, PhD, ACPS
Dane Subošić, PhD, ACPS
Obrad Stevanović, PhD, ACPS
Saša Milojević, PhD, ACPS
Saša Mijalković, PhD, ACPS
Boban Milojković, PhD, ACPS
Aleksandra Ljuština, PhD, ACPS
Radomir Zekavica, PhD, ACPS
Aleksandar Bošković, PhD, ACPS
Tanja Kesić, PhD, ACPS
Zoran Đurđević, PhD, ACPS
Nenad Radović, PhD, ACPS
Dragoslava Mićović, PhD, ACPS
Dragan Ranđelović, PhD, ACPS
Nikola Milašinović, PhD, ACPS
Smilja Teodorović, PhD, ACPS
Stevo Jaćimovski, PhD, ACPS
Miroljub Blagojević, PhD, ACPS
Nenad Koropanovski, PhD, ACPS
PREFACE
Dear readers,
In front of you is the Thematic Collection of Papers presented at the International

Scientific Conference “Archibald Reiss Days”, which was organized by the Academy of
Criminalistic and Police Studies in Belgrade, in cooperation with the Ministry of Interior and
the Ministry of Education, Science and Technological Development of the Republic of Serbia,
School of Criminal Justice, Michigan State University in USA, School of Criminal Justice
University of Laussane in Switzerland, National Police Academy in Spain, Police Academy
Szczytno in Poland, National Police University of China, Lviv State University of Internal
Affairs, Volgograd Academy of the Russian Internal Affairs Ministry, Faculty of Security in
Skopje, Faculty of Criminal Justice and Security in Ljubljana, Police Academy “Alexandru
Ioan Cuza“ in Bucharest, Academy of Police Force in Bratislava, Faculty of Security Science
University of Banja Luka, Faculty for Criminal Justice, Criminology and Security Studies
University of Sarajevo, Faculty of Law in Montenegro, Police Academy in Montenegro and
held at the Academy of Criminalistic and Police Studies, on 7, 8 and 9 November 2017.
The International Scientific Conference “Archibald Reiss Days” is organized for the
seventh time in a row, in memory of the founder and director of the first modern higher
police school in Serbia, Rodolphe Archibald Reiss, after whom the Conference was named.
The Thematic Collection of Papers contains 131 papers written by eminent scholars
in the field of law, security, criminalistics, police studies, forensics, informatics, as well
as by members of national security system participating in education of the police, army
and other security services from Belarus, Bosnia and Herzegovina, Bulgaria, Bangladesh,
Abu Dhabi, Greece, Hungary, Macedonia, Romania, Russian Federation, Serbia, Slovakia,
Slovenia, Czech Republic, Switzerland, Turkey, Ukraine, Italy, Australia and United Kingdom.
Each paper has been double-blind peer reviewed by two reviewers, international experts
competent for the field to which the paper is related, and the Thematic Conference
Proceedings in whole has been reviewed by five competent international reviewers.
The papers published in the Thematic Collection of Papers provide us with the analysis
of the criminalistic and criminal justice aspects in solving and proving of criminal offences,
police organization, contemporary security studies, social, economic and political flows of
crime, forensic linguistics, cybercrime, and forensic engineering. The Collection of Papers
represents a significant contribution to the existing fund of scientific and expert knowledge
in the field of criminalistic, security, penal and legal theory and practice. Publication of this
Collection contributes to improving of mutual cooperation between educational, scientific
and expert institutions at national, regional and international level.
The Thematic Collection of Papers “Archibald Reiss Days”, according to the Rules of
procedure and way of evaluation and quantitative expression of scientific results of researchers,
passed by the National Council for Scientific and Technological Development of the Republic
of Serbia, as scientific publication, meets the criteria for obtaining the status of thematic
collection of papers of international importance.
Finally, we wish to extend our gratitude to all the authors and participants in the Conference,
as well as to all those who contributed to or supported the Conference and publishing of this
Collection, especially to the Ministry of Interior and the Ministry of Education, Science and
Technological Development of the Republic of Serbia.
Belgrade, October 2017 Programme and Organizing Committees

TABLE OF CONTENTS
TOPIC I
Criminalistic and Criminal Justice Aspects of Claryfying
and Proving of Criminal Offences
Đurđica Hazard
DISCUSSION BETWEEN FORENSICAND EVIDENCE LAW PRACTITIONERS
ABOUT THE RELEVANCY CONCEPT......................................................................................... 3
Andrea Kozáry
ARE MEDIATION AND RESTORATIVE JUSTICE PROGRAMS SUITABLE FOR
ADDRESSING PROBLEMS BETWEEN POLICE AND ETHNIC MINORITIES?
(THE FOCUS WILL BE ON COMMUNITY-BASED ACTIVITIES
AND POLICE-MINORITY RELATIONS REGARDING THE COREPOL PROJECT)........11
Vojislav Djurdjić
FUNDAMENTAL PRINCIPLES OF CRIMINAL PROCEDURE AND SIMPLIFIED
FORMS OF PROCEEDINGS IN CRIMINAL MATTERS..........................................................21
Ljubinko Mitrovic, Jelena Kupresanin
ROLE OF GUARDIANSHIP AUTHORITY IN IMPLEMENTATION
OF CORRECTIVE MEASURES TO MINORS - RESPONSE TO CHALLENGES IN
FUNCTIONING OF MODERN FAMILY.....................................................................................35
Miomira Kostić
CONTEMPORANEITY OF THE LEARNING OF ENRICO ALTAVILLA.............................45
Valentina Baić, Ivana Bjelovuk, Milan Žarković
THE ANALYSIS OF THE AUDIO AND AUDIOVISUAL MODALITY IN THE
ESTIMATION OF THE AUTHENTICITY OF A STATEMENT..............................................53
Katerina Krstevska
THE SENTENCE BARGAINING IN THE MACEDONIAN CRIMINAL LEGISLATION..... 65
Ivana Krstić Mistridželović, Dušan Blagojević
FREEDOM DEPRIVATION PUNISHMENT IN SERBIA
IN THE SECOND HALF OF 19TH CENTURY..........................................................................77
Angelina Stanojoska, JulijaJurtoska
MODERN WOMEN OR POOR LADIES:
FEMALE CRIMINALITY IN THE REPUBLIC OF MACEDONIA.........................................89
Szabolcs Mátyás
PREDICTIVE POLICING RESEARCHES IN HUNGARY........................................................99
Antonios Maniatis
RIGHT TO SECURITY AND ANTIQUITIES SMUGGLING................................................107
Valery Shepitko, Michael Shepitko
CRIMINLAISTIC STRATEGY AND TRENDS IN CRIMINLAISTICS.................................117
Ramiro Herranz Latorre
THE IMPORTANCE OF THE JUDICIAL POLICE EXPERT REPORTS FOR
COMBATTING ORGANIZED CRIME .....................................................................................125
X THEMATIC CONFERENCE PROCEEDINGS OF INTERNATIONAL SIGNIFICANCE
Vladimir Šebek, Aleksandar Milošević

CRIMINAL INTELLIGENCE PROCESS AND THE
DEVELOPMENT OF THE CRIMINAL INTELLIGENCE......................................................143
Zhilenkova Tatiana Sergeevna
THE USE OF SPECIAL KNOWLEDGE IN THE PROCESS OF PROVING
IN THE CRIMINAL PROCEEDINGS OF RUSSIA AND SERBIA:
A COMPARATIVE ANALYSIS.....................................................................................................151
Veljko Delibasic, Milena Nikolic
INTERNATIONAL ASPECT OF THE PROSECUTION
OF UNLAWFUL PRODUCTION AND CIRCULATION OF NARCOTIC DRUGS...........159
Jasmina Igrački, Ivana Stepanović
STRENGHTENING OF THE PENITENTIARY SYSTEM
IN THE FUNCTION OF CRIME PREVENTION.....................................................................171
Zeljko Krsic
IMMUNITY OF WITNESSES AND THE PRINCIPLES OF LEGALITY
AND OPPORTUNISM IN CRIMINAL PROCEDURAL SYSTEM OF BOSNIA
AND HERZEGOVINA..................................................................................................................181
Gordana Nikolić, Tomislav Trajković, Mihailo Zogović
CRIMINAL OFFENSE OF EXTORTION - MODELS OF GOOD REGULATION
IN LEGISLATIONS OF SOME EUROPEAN COUNTRIES....................................................193
Jelena Rakić
FEMALE GENITAL MUTILATION IN THE NEW CRIMINAL CODE
OF THE REPUBLIC OF SERBIA - THE IMPACT
OF THE ACCEPTED DECREE ON IMPLEMENTATION.....................................................205
TOPIC III
Contemporary Security Studies
Saša Mijalković
CONTRIBUTION TO DIFFERENTIATION OF THE TERM
“INTELLIGENCE OPERATIONS” FROM “ESPIONAGE”......................................................221
Dragan Đukanović, Marjan Gjurovski
WESTERN BALKANS SECURITY IN CONTEMPORARY GEOSTRATEGIC
CHANGES BETWEEN EAST AND WEST................................................................................231
Zorica Mršević, Svetlana Janković
FACTORS OF WOMEN’S PARTICIPATION IN ARMED FORCES......................................241
Nebojsa Nikolic
COMPARATIVE REVIEW OF HYBRID WARFARE AND SPECIAL WARFARE..............255
Željko Bralić, Ljubinka Katić, Violeta Orlović Lovren
THREAT ASSESSMENT APPROACH AND SCHOOL SECURITY......................................265
Hajradin Radončić, Samed Karović, Mevlud Dudić
CHURCHES AND RELIGIOUS COMMUNITIES
– BRIDGE OF SECURITY COOPERATION.............................................................................275
Milovan Subotić
THE U.S. INTELLIGENCE COMMUNITY AND THE FIGHT AGAINST ISIS:
DONALD TRUMP ADMINISTRATION’S NATIONAL SECURITY POLICY....................287
Table of contents XI
Darko Dimovski, Ivan Ilić, Ivan Milić

PREVENTION OF VIOLENCE IN SPORT................................................................................297
Rade Slavković, Hatidza Beriša, Igor Barišić
THE PRESENCE OF ISLAMIC EXTREMISM IN THE BALKANS.......................................309
Miroslav Mitrović
HYBRID SECURITY THREATS AND CONTEMPORARY
APPROACH TO NATIONAL SECURITY.................................................................................325
Marko Zelenović
THE SALONIKA PROCESS 100 YEARS LATER AND CONTRIBUTION
OF ARCHIBALD REISS TO STRENGTHENING
OF THE SERBIAN ARMY MORALE ON THE SALONIKA FRONT...................................335
Primakin Alexey Ivanovich, KuvatovValeriyIlich, Rodin Vladimir Nicolarvich
PRIORITIES AND PROSPECTS FOR IMPROVEMENT OF THE EDUCATIONAL
ACTIVITIES AT THE ST. PETERSBURG UNIVERSITY OF THE MINISTRY
OF INTERIOR OF RUSSIA IN PREPARING STUDENTS FOR TECHNICAL CAREERS......347
Vladimir M. Cvetković, Paolo Tarolli, Giulia Roder, Aleksandar Ivanov,
Kevin Ronan, Adem ÖcalJuel Rana Kutub
CITIZENS EDUCATION ABOUT FLOODS: A SERBIAN CASE STUDY...........................357
Gyöngyi Major, Aleksandar Čudan
NEW TYPES OF THREATS AND THE CHALLENGE OF SECURITISATION.................367
Nenad Kovačević, Mitar Kovač
ETIOLOGY OF MIGRANT CRISIS.............................................................................................377
Zeljko Nincic
SECURITY ASSESSMENT - COUNTERBALANCE SECURITY CHALLENGES,
RISKS AND THREATS..................................................................................................................385
Veljko Blagojevic, Miloš Milenkovic
JURISDICTION OF THE REPRESENTATIVES OF THE SECURITY SYSTEM
OF THE REPUBLIC OF SERBIA ABROAD...............................................................................397
Svetlana Ristovic
ILLEGAL MIGRATIONS AS A THREAT TO NATIONAL SECURITY –
THE ROLE OF COMMUNITY POLICING...............................................................................409
Radojica Lazic
ESTABLISHING DEMOCRATIC AND CIVIL CONTROL OF SECURITY SERVICES ...... 419
Vladan Mirkovic
THE PROCESS OF SECURITIZATION AS A POSSIBLE MEANS
OF SECURITY POLICY................................................................................................................431
Yuan Yuan
TRANSNATIONAL CRIME IN CHINA AND ASEAN
AND CHINA’S COMBAT STRATEGY.......................................................................................439
TOPIC VI
Forensic Linguistics and Language for Specific Purposes
Lidija Beko
THE ROLE OF ENGLISH IN THE INITIAL COURSES OF GEOFORENSICS...................455
XII THEMATIC CONFERENCE PROCEEDINGS OF INTERNATIONAL SIGNIFICANCE
Aleksandra R. Lončar Raičević, Nina Sudimac

ACOUSTIC PARAMETERS OF SPEECH
AS FORENSIC MARKERS FOR SPEAKERS OF PRIZREN-TIMOK DIALECT.................465
Mile Šikman, Tatjana Ponorac
USE OF FOREIGN LEGAL TERMINOLOGY
IN CRIMINAL LAW – EXAMPLE OF “ORGANIZED CRIME”............................................477
Filip Mirić
THE APPLICATION OF FORENSIC LINGUISTICS IN CRIMINALISTICS......................491
Topic I
CRIMINALISTIC AND CRIMINAL JUSTICE

ASPECTS OF CLARYFYING AND PROVING
OF CRIMINAL OFFENCES
DISCUSSION BETWEEN FORENSIC
AND EVIDENCE LAW PRACTITIONERS
ABOUT THE RELEVANCY CONCEPT
Đurđica Hazard
School of Criminal Justice, University of Lausanne,
Quartier UNIL-Sorge, Batochime, 1015 Lausanne, Switzerland
[email protected] / +41-21-692-46-14
Abstract: Frequently used, but not clearly defined in the fields of criminal sciences, the
relevancy concept is a leitmotiv for the forensic science practitioners and a condition
to admit evidence at court for the lawyers.
Manifold concept, the perception of relevancy relies on conventional, cultural and
individual values. The assessment of relevant trace at a crime scene and of relevant
evidence at court will change depending on the person who searches and uses the
information. The scientific piece of evidence firstly depends on the work achieved by
a forensic science practitioner at the crime scene and in the laboratory. In the second
phase the instructive magistrate plays, within the European criminal justice system, a
major role regarding the evaluation of the forensic data used as evidence at the end of
the investigation process. She is a key member of the enquiry, working with forensic
and police staff.
The investigation scene is the starting point of the analytical chain of evidence. There
is a major interest to focus on the first stages of the inquiry, where data is collected and
assessed by forensic units, law enforcement and judicial authorities. Assuming that the
investigation stakeholders perceive differently what is relevant for the case, the various
perceptions could be used as a key point to exchange and widen the approach of the
criminal case.
The goals of the current article are to introduce the relevancy concept from a forensic
standpoint and to emphasize how important it is for forensic and evidence law
practitioners to discuss, from the initial stages of investigation process, this dimension.
The aim of such attempt is to ultimately strengthen the whole chain of evidence and
ensure fair criminal justice.
Keywords: relevant trace, chain of evidence, forensic science, evidence law, criminal
investigation.
INTRODUCTION
If the relevancy concept appears to be a dimension frequently used among the field of
criminal sciences, it is at the same time one of the least well defined one. For forensic science
practitioners, this is a leitmotiv associated with the decision to search, collect and analyse
physical traces in criminal investigation. For the legal partners, this is a condition for evidence
admissibility in court. Relevancy concept appears to be a necessary condition to consider any
4 Đurđica Hazard
item of information with a potential to solve the problem at hand, the criminal case in this
case.
From a semiotic perspective, relevancy is a manifold concept whose perception relies on
conventional, cultural and individual values. Such assessment changes depending on the users
of the information. Taking into account the diversity of judicial stakeholders within the frame-
work of the investigation process, a multiplicity of relevancy assessment is then expected.
In the European criminal system, the instructive magistrate plays a major role in the eval-
uation of the forensic data used as scientific evidence. Focusing on the interaction played
between the investigative magistrate and the forensic investigator, the following article intro-
duces the relevancy dimension as a vector of communication between the forensic and legal
worlds to strengthen the enquiry process, and ultimately the chain of evidence. Firstly, the
attention is given to criminal investigation, and more specifically to the work achieved at the
scene. The early stages of the enquiry are the starting point of the analytical chain of evidence
and the roles played by the various stakeholders are of importance regarding the quality of the
information management. From the scene to the court, it appears that the relevancy dimen-
sion is part of the investigation process and at the core of critical choices. Brief definitions of
relevancy concept are then given from general, legal and forensic points of view. The study of
the relevancy in the investigation context emphasizes the importance of using the dimension
as a tool of communication between magistrates, law enforcement and forensic science prac-
titioners. Such an approach should widen the treatment of the criminal case through a critical
and successful exchange between the investigation stakeholders, and ultimately contribute to
ensure an equality of arms [1].
AT AN INVESTIGATION SCENE RELEVANT MATTERS

ARE THE ONLY FOCAL POINT
“Information is transformed into evidence by an assessment of its relevancy to a particu-
lar investigation. Similarly the degree of relevancy of evidence is established by assessment. The
whole process can be visualised as a continuous range or spectrum extending from total irrele-
vancy to total proof. Thus, in a sense, assessment is the entire investigation” [2].
Within the context of a criminal enquiry, the whole process of information begins at the
scene, more specifically at the investigation scene. This is the starting point of the analytical
chain of evidence and a cycle of iterative assessment. The mission of the investigation stake-
holders is to decipher places, persons, and physical traces in order to understand, reconstruct
and resolve a criminal case. Roles and positions in the chain of evidence of the judiciary actors
vary and involve a specific approach and assessment of what could be relevant from their
standpoints. The law enforcement consists of the first responders (police officers) ensuring
the integrity of the scene, and of detectives who search for information from persons (victims,
witnesses, suspects) and from the media other than the physical traces. The latter are the prov-
ince of the forensic units. Forensic investigators look for the vestiges of the criminal activity,
or the relevant physical traces, through the study of the scene and objects, when forensic
doctors focus on bodies to find the cause of death and injuries.
The sources of information will change but the logic is the same for the detectives and
the forensic science practitioners: the information comes from traces (physical, digital, oral),
and the best “cause-explication” [3] have to be provided to the legal actors for the court. The
cause-explication is to be understood as the most probable sequence for the criminal activ-
ity and its participants’ actions. More specifically, the forensic science practitioners read the
DISCUSSION BETWEEN FORENSIC AND EVIDENCE LAW PRACTITIONERS... 5
scene as a book. In this situation, the case is the title of the story, the scene is the context of
the action, and the physical traces are the words waiting to be read and signified as relevant
information or clue. The forensic officers need to recognize the “right” words to associate
them together and to provide pieces of evidence that will contribute to reconstruct some part
of the story of the criminal event, if not the whole story. Finally, the judicial authority comes
into action, mainly through the investigative magistrate who leads the investigation up to the
court and decides which relevant information will be brought as evidence at the tribunal, and
finally will prove the incriminated facts. The instructive magistrate orientates the course of
the investigation and the way the story will be told in the end.
From the scene to the tribunal, the criminal investigation is characterised by the transfor-
mation of the data into information all along a chain, called the analytical chain of evidence
[4].1 Three main stages are defined: the physical trace, the clue and the evidence. The first
dimension, the physical trace, is introduced as a “vestige or marks remaining and indicating the
former presence, existence or action of something”2. It is the primitive source of information and
a complex sign for the forensic investigator. It exists without a given meaning and will be used
provided it is discovered and interpreted as being relevant [4]. The physical trace has to be dis-
tinguished from the clue and from the evidence. The clue is a signified trace whose meaning
was given by the forensic investigator who recognized a valuable information content within
a given context [4]. Defined as “an apparent sign that indicates something with probability”3,
the clue provides directions to follow to find the solution to the case at hand. Indeed, “a dis-
covered trace, perceived as being relevant in a given context, is a clue that provides information
relevant to the case” [4]. It participates to the elaboration and elimination of alternative causes
or possible case’s scenarios as the investigation progresses. Moving forward, clues are gath-
ered and become structured information or pieces of evidence - these are the province of the
magistrate. Evidence is understood as the information used by a court to “raise or lower the
probability of a proposition”4, supporting the tribunal in the decision process to elect the more
probable cause between a set of alternative scenarios, namely the parties’ positions.
Interestingly, from the selection of the physical traces at a scene to the admissibility of
the evidence in court, the relevancy assessment is at the core of the critical choices. But this
dimension is a many-sided concept, implicit in many stages of the investigation (scene, lab-
oratory, court), not clearly expressed and understood among the investigation stakeholders.
The relevancy dimension is a key concept for the legal and forensic sides, and their underlying
perceptions are not that different: they both need to work with relevant traces and evidence [1].
There is a strong interest to define the relevancy and to determine what pertains to this di-
mension, in order to provide constructive options to improve the truth seeking mechanisms.
THE DEFINITIONS OF THE RELEVANCY DIMENSION

From a general point of view, the relevancy is a “logical and adapted connection between
the qualified object and a question of interest within a given context” [5]. It has to be empha-
1 Some passages in this proceeding paper are based on a previous publication, J Forensic Sci Med
2016;2:208-12. The Relevant Physical Trace in Criminal Investigation.
2 ”trace, n1”. The Oxford English Dictionary. 2nd edition 1989. OED Online. Oxford University
Press. Université de Lausanne. 28 Aug. 2009. http://dictionary.oed.com/cgi/entry/50255568.
3 “indice” Freely translated from « signe apparent qui indique quelque chose avec probabilité ». Alain
Rey (Sous la direction de), 2010. Dictionnaire historique de la langue française. Le Robert.
4 ”evidence”. The Oxford Dictionary of Philosophy. Simon Blackburn. Oxford University Press, 2008.
Oxford Reference Online. Oxford University Press. Université de Lausanne. 30 March. 2015 http://www.
oxfordreference.com/views/ENTRY.html?subview=Main&entry=t98.e1165.
6 Đurđica Hazard
sized that the fact of being adapted generates a fragment of answer, if not the answer to the
question asked. What is relevant brings necessarily information; this is a contribution to an
overall knowledge. More importantly, the relevancy is not an intrinsic quality of an object,
this is always considered within a definite context and in relation to a specific matter.
From a legal perspective, the relevancy dimension is presented as an “adequacy between
the fact that it is a matter of proving and the evidence adduced or between an allegation and the
rule of law to be applied”5. Depending on the criminal law systems, specific guidelines exist,
like the American rules 401, 402 and 403 from the FRE,6 where jurists/lawyers enacted ele-
mentary rules to support the reasoning process surrounding the relevancy assessment of the
proposed pieces of evidence.
On the opposite side, within the European continental system, there are no specific rules
of law. The principle of the freedom of the evidence is a leading principle. In the Swiss crim-
inal procedure law, for instance, relevancy tenet is not explained but appears as a critical
matter to respect. The authorities have the mission to search any relevant facts allowing the
qualification of the criminal act and ultimately the judgement of the defendant,7 without ex-
plaining the nature of the characteristics of relevant facts. The judge knows and defines by
herself what is relevant or not. However, the two criminal law systems meet on one aspect:
the relevancy is part of a mechanism of exclusion [6]. The authorities provide negative rules
[7] or work with exclusive conditions (like the USA) where irrelevant material is explained.
Thus, the dimension is more explicitly defined through its contrary; it is easier to decide what
is irrelevant.
As explained by Twining [8], “relevance is one of the least explored and most frequently
abused concepts in the law of evidence”. To this regard, the note for the FRE rule 401 provides
additional information helping to understand the value of such concept and the complexity
that pertains to its assessment: “relevancy is not an inherent characteristic of any item of evi-
dence but exists only as a relation between an item of evidence and a matter properly provable
in the case. Whether the relationship exists depend upon principles evolved by experience or
science, applied logically to the situation at hand” [9].
The relevancy assessment depends on the ability to infer logical relations between the evi-
dence and the matter to prove. It consists of a set of diverse types of inferences other than the
only deduction operation [10, 11], so often attributed to the legal thinking. It is a fact that the
reasoning process underlying this assessment and the body of knowledge (experience and sci-
ence) used to conduct such evaluations are not yet clearly formalised. By doing so, this would
improve elementary actions that pertain to the questioned dimension, with the ultimate aim
to strengthen the whole judiciary process related to the admissibility of the evidence.
For the field of forensic science, in the literature, authors approach the question of rel-
evancy from various standpoints [6]. This is clearly understood as a multi-faceted notion
used both to define a valuable physical trace and the scientific operating processes (collection,
analysis, evaluation) of the questioned trace. The relevancy assessment of a physical trace is
not straightforward. At the investigation scene, for instance, finding blood fingermarks on
a knife does not confirm the relevancy of such discovery. The context of the case and the
data gathered in the preliminary stages of the enquiry set up a specific reasoning framework,
5 Translated from Le Grand Larousse Universel, 1995, Paris, Larousse. « adéquation entre le fait qu’il
s’agit de prouver et la preuve apportée ou entre une allégation et la règle de droit à appliquer ».
6 “Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be
without the evidence; and (b) the fact is of consequence in determining the action.” (FRE, rule 401)
7 Art.6, code de procédure pénale suisse. Maxime de l’instruction : 1) Les autorités pénales recherchent
d’office tous les faits pertinents pour la qualification de l’acte et le jugement du prévenu ». (Code de
procédure pénale suisse, 05.10.2007)
where logical connections are inferred between the matter to solve and the detected physical
traces to qualify.
As for a specific comprehension among the forensic science field, the current notion is
often mentioned, such as Locard [12] who presented relevancy as being “ the most serious and
the most common defects”8. Whenever the relevancy dimension was cited, forensic scientists
associated sound experience and knowledge as necessary conditions to assess (or: evaluate?)
relevancy [4].
In the research conducted by the author [6], dedicated to the study of the relevancy prin-
ciple in forensic science, reference was made to semiotic sources, with their theory of sign
and signification, to investigate the concept. A more complete definition of the relevancy
tenet was then provided, leading to discuss the nature of the critical factors influencing the
evaluation of relevant physical traces within the framework of the investigation scene.9 From
a semiotic point of view, relevancy is all about the perception of trace-objects in a specific
context. It is conditioned by the ability of the forensic science practitioner to recognize spe-
cific features from physical traces found at the scene of investigation [4]. Such a recognition
process is part of the signification stage, where the status of the trace changes into a scientific
and technical clue. At this stage, many parameters (situational, such as the nature of the case;
structural, such as the available resources given to the forensic officer; individual, such as the
knowledge and experience of the forensic officer) will impact the recognition process and
the relevancy assessment. Ultimately, based on these specific parameters, two persons on the
same scene will tend to assess the value of the data differently and will decide to collect and
analyse different types of traces.
Figure 1: Assessment of the relevant physical trace according to the semiotic view [5, 6]. While
moving forward in the investigation process, this figure also shows the growing belief in the
probative value of the information perceived as being relevant and collected during the whole
enquiry (crime scene, laboratory).
As Schambers, (cited by Howard [13]) said: “Relevance is a multidimensional cognitive
concept whose meaning is largely dependent on users’ perceptions of information and their own
information need situations”. It is a conventional and personal concept assessed by the forensic
science practitioner. Then, the probability of having different points of view among the foren-
sic, police and legal actors is extremely high regarding the relevancy of multiple actions such
as the nature of the data collection, the choice of analysis, the decision to use the information
as intelligence and evidence and the way the evidence is used at court to support the pros-
ecution’s strategy. These differences require comprehensive and efficient exchanges between
investigators around this concept to fully understand each other’s motivation.
8 Free translation of « le plus rare et le plus ordinaire des défauts ».

9 For a complete presentation of the factors, see the research of Hazar (2014, 2016).
8 Đurđica Hazard
THE RELEVANCY FROM THE STANDPOINT

OF THE FORENSIC SCIENCE PRACTITIONER
AND THE INVESTIGATIVE MAGISTRATE
As explained previously, relevancy is a conventional dimension depending upon the prac-
tice and culture of a specific group of persons, but also depending upon the context within
which the reasoning takes place [6]. The recognition and the perception processes of relevant
matters are person and environment dependant. With the multiple actors of the criminal
justice system who take part in an inquiry, there is a large variety of interactions between
individuals with different knowledge and professional cultures.
From a forensic standpoint, a dynamic communication is vital between stakeholders to
ensure good conditions to search, detect, recognize and collect relevant physical traces. In-
deed, Kind [2] emphasises how important it is for investigators and scientists to collaborate
because of their complementary perceptions of an inquiry; but there is also a strong interest to
focus on the collaboration between the forensic and legal actors. Thus, the attention is given to
the duo played by the investigative magistrate and the forensic science practitioner.
In the European inquisitorial system, the instructive magistrate plays a major role regard-
ing the evaluation of the forensic clue admitted as scientific evidence in court. The magistrate
leads the investigation and is in charge of gathering any relevant information that might help
her to charge or exonerate any suspected person. Her mission is to find the truth. She works
with relevant facts. She has a complete overview of the case by being the interface with law
enforcement, scientific experts but also victims and suspects. More specifically in the Swiss
criminal law procedure, the investigative magistrate also supports the prosecution during the
judgment phase. The magistrate assumes two different missions: the investigation and the
prosecution.
“Investigator: at some point, that’s why it gets interesting to have the prosecutor in theses large
cases. Because you start to discuss about your relevancy, we will say scientific, and then, she will
bring a relevancy I’ll call legal [...]”. Extract of an interview conducted by the author for her
research [6].
The Swiss forensic investigator was explaining the difficulty he faced when it came to rel-
evancy assessment in complex criminal cases and the importance of taking into account the
perspective of the instructive magistrate to strengthen the investigation process. He distin-
guished a forensic and a legal relevancy, showing different, but at the same time complemen-
tary perceptions of the same dimension that could be useful to conduct a criminal case.
One of the examples provided during this interview by the forensic officer was about the
relevancy of carrying out the collection and analysis of gunshot residue (GSR). For the case,
one of the concerns was to determine the position of the protagonists during the shooting
while the victim was driving his car, with the front side window opened. Based on the analysis
of the GSR, the forensic investigator knew he would not be able to infer if the shot was fired
from the outside of the car or at the edge of the window car driver. He firstly decided that the
GSR analysis was not relevant and decided not to collect the physical traces for the analysis.
But, the investigative magistrate asked him to do it. From a legal perspective, the collection of
the traces was relevant to him later on. Regardless of the outcomes of the analysis, the leading
magistrate would be able to answer the Defense’s question, proving that they considered every
option at the crime scene, even if the analysis was expected to provide unsignificant results
due to strong scientific limits caused by case’s conditions. By doing so, the prosecutor over-
comes the concern posed by the doubt principle, that could weaken her position and benefit
to the accused.
Discussing their complementary perceptions of the case and expectations from the foren-
sic outcomes could be a strong asset for the investigation to carry on. For this purpose, the
relevancy dimension appears to be a vector of communication to crystallise such exchanges
from the starting point of the investigation. There are several situations where the relevancy
dimension could be discussed to strengthen the investigation phase and to help prevent bias.
Going back to the previous figure showing basic stages of the relevancy assessment of
a physical trace, there is a strong interest to discuss the nature of the clue from a legal and
forensic standpoint for instance. At this stage, it is a necessity for the leading magistrate to
understand the process of recognition and collection of relevant physical trace at the scene.
The search and collection of relevant physical traces by the forensic officers depend on the na-
ture of the case and the questions to solve, the latter being strongly influenced by the parties’
positions. Then, to guarantee an investigation in a balanced way, questions from both sides
could be anticipated. Such approach could be discussed with the leading magistrate, who also
acts as a prosecutor later on at the tribunal. A good example of such discussion around the
relevancy concept is about the touch DNA trace. To find the touch DNA of a main suspect
at the scene does not mean that the contact trace is directly relevant to the case at hand and
will incriminate the suspect. The trace might find some legitimate cause to its presence, such
as the suspect is familiar to the place. The conundrum of the touch DNA lies on the fact that
the nature of the source and the activity at the origin of the questioned transfer or contact
between a suspect and a victim are not known, as it could be easily inferred from traces of
saliva or sperms for instance. This is where considering the defendant and prosecution po-
sitions might have a strong impact on the relevancy assessment of the traces collected. This
could be discussed between the instructive magistrate and the forensic science practitioner to
fix a strategy regarding the search and collection of traces at the scene, based on both sides’
propositions.
Also, the shift of the leading magistrate from the investigative position to the prosecution’s
one might interfere at some stages of the enquiry, mostly when the magistrate is in charge of
deciding what pieces of evidence might be relevant or not. Some bias could happen when it
comes to impartially gathered evidence. Such situation might not guarantee the right condi-
tions of a fair trial [1].
For the forensic science practitioner, her culture and logic focus on the relevant physical
traces, on making them speak, and aiming at inferring the cause of their presence or absence
within a definite context. The forensic officer uses physical traces and not facts provided by
parties, at the difference of the leading magistrate. The discussion about the forensic and legal
relevancy should be of interest between the investigation stakeholders to ensure a more bal-
anced investigation work, refraining from potential bias where confirmatory evidence could
only be considered as relevant during the investigative phase.
CONCLUSION
There is a strong interest in the criminal system to acknowledge the importance of the
assessment of relevancy. From the scene to the court, the understanding of the reasoning
process that pertains to this evaluation is part of a control process of the information that will
be used to support judiciary decisions.
Investigation is a complex process, where the various perceptions of what is relevant for
the various participants and their heterogeneous interests could be a strong asset while pro-
cessing and investigating the scene.
10 Đurđica Hazard
Discussing relevancy themes between the main actors of the enquiry could be fruit-
ful. Used as a vector of communication, it could open new leads for the investigation and
strengthen the investigation process. Also, questioning dimensions such as the question of
relevancy will reinforce the underpinnings of forensic science and help define it as an inde-
pendent discipline with its own culture among the criminal sciences field.
REFERENCES
1. Đ. Hazard and J. Vuille. How can the question of relevancy insure an ethical use of forensic
science ? In: 64th Annual Meeting of the American Academy of Forensic Sciences. Atlanta:
2012.
2. S. S. Kind. The scientific investigation of crime, Forensic Science Society, Harrogate, 1987.
3. E. G. Bernstine and P. R. De Forest. Inferences in Criminalistics : Scientific Pragmatism
and Crime Scene Investigation. In: Annual Meeting of the North Eastern Associations of
Forensic Scientists. Manchester, Vermont: 2010.
4. Đ. Hazard. The Relevant Physical Trace in Criminal Investigation. Journal of Forensic Sci-
ence and Medicine 2016; 2 (4):208-212.
5. Đ. Hazard and P. Margot. Forensic science culture. In: G. B. a. D.Weisburd,editor. Springer
Encyclopedia of Criminology and Criminal Justice, ed. New York: Springer; 2014. pp.
1782-1794.
6. Đ. Hazard. La pertinence en science forensique. Une (en)quête épistémologique et em-
pirique. . PhD. University of Lausanne; 2014
7. J. Vuille. Ce que la justice fait dire à l’ADN (et que l’ADN ne dit pas vraiment). Etude qual-
itative de l’évaluation de la preuve par ADN dans le système judiciaire pénal suisse. PhD.
University of Lausanne; 2011
8. W. Twining. Rethinking Evidence. Exploratory Essays, Second ed., University College Lon-
don, 2006.
9. Federal Rules of Evidence, http://www.law.cornell.edu/rules/fre/rules.htm#Rule401, 2011.
10. T. Anderson, D. A. Schum and W. Twining. Analysis of evidence, Cambridge University
Press, Cambridge, 2005.
11. U. Eco and T. A. Sebeok. Dupin, Holmes, Peirce The Sign of Three, First Midland Book
ed., Bloomington ; Indianapolis, Indiana University Press, 1988.
12. E. Locard. L’enquête criminelle et les méthodes scientifiques, Flammarion, Paris, 1920.
13. D. L. Howard. Pertinence as reflected in personal constructs. J. Am. Soc. Inf. Sci. 1994; 45
(3):172-185.
ARE MEDIATION AND RESTORATIVE JUSTICE
PROGRAMS SUITABLE FOR ADDRESSING PROBLEMS
BETWEEN POLICE AND ETHNIC MINORITIES?
(THE FOCUS WILL BE ON COMMUNITY-BASED
ACTIVITIES AND POLICE-MINORITY RELATIONS
REGARDING THE COREPOL PROJECT)
Professor Dr. Andrea Kozáry,
National University of Public Service, Faculty of Law Enforcement,
Budapest, Hungary
Abstract: Hungary is suffering from large number of ethnic-based conflicts of which

the majority involves the Roma people. It is a serious problem so we must always
keep in mind the special profile of the Faculty of Law Enforcement at NUPS and the
expectations of students considering their future professional status. Criminal justice
should serve justice for those involved in the conflict, whether the offenders or the
victims, so that the norm itself and its moral contents are strengthened. It is realised
that the perspective of Restorative Justice is a suitable and effective guide to criminal
policy reform and the restorative justice creates a closer link between attitudes based
on ethical or penal law considerations. The concept of RJ has been applied successfully
by Anglo-American research in relation to police-minority conflict.
It aims at repairing the relationship between the offender, the victim and the community
involved. Only when citizens have trust in police and confidence that they are doing
professional and fair police work, police are supplied with necessary information and
support by those they serve.
The proposed presentation will answer the question of how better police-minority
relations can be achieved in the context of European democratic policing. It will
determine the extent to which restorative justice is presently used and how it can be
made suitable to improve police minority communication and interaction.
Keywords: policing, ethnic minorities, the Roma, restorative justice, mediation
ARE MEDIATION AND RESTORATIVE JUSTICE PROGRAMS

SUITABLE FOR ADDRESSING PROBLEMS BETWEEN POLICE
AND ETHNIC MINORITIES? (THE FOCUS WILL BE ON
COMMUNITY-BASED ACTIVITIES AND POLICE-MINORITY
RELATIONS REGARDING TO THE COREPOL PROJECT)
In teaching a Mediation and Restorative Justice course at the Faculty of Law Enforcement
of the National University of Public Service I must always keep in mind the special profile
12 Andrea Kozáry
of the Faculty and the expectations of students considering their future professional status.
Our teaching materials discuss in great details the prejudice and the views held against the
minorities within the police. Criminal justice should serve justice for those involved in the
conflict, whether the offenders or the victims, so that the norm itself and its moral contents
are strengthened. Furthermore, it should, at the same time, fulfil its preventive objectives,
namely to contribute to the prevention of the emergence of similar conflicts and the possibil-
ity of repeated victimisation.
Police mediation is a new instrument, which includes professional conflict resolution into
police work. It has proven to have a strong impact on crime prevention through solving or
significantly calming down conflicts in police cases. A high degree of satisfaction and an in-
creased feeling of personal security on the part of the conflicting parties themselves can be
achieved and according to the parties in conflict, the esteem of police and police work is sig-
nificantly enhanced after mediation. The systematic use of it, alongside usual police work, is a
logical step in preventative security measures and should be part of modern policing.
DEFINITIONS OF MEDIATION AND RESTORATIVE JUSTICE

Mediation connected to Restorative Justice is still often the subject of discussions. Ac-
cording to the Council of Europe, mediation in general can be described as follows: “The term
‘mediation’ in a general sense (i.e. not specific to a penal context) is normally reserved for a pro-
cess of conflict resolution, involving intervention by an impartial third party with the intention
of encouraging voluntary agreement between the parties. In the Recommendation, mediation
in penal matters is defined as a process whereby the victim and the offender can be enabled,
voluntarily, to participate actively in the resolution of matters arising from the crime through the
help of an impartial third party or mediator. The reference only to the victim and the offender
as parties does not exclude other persons (legal and physical) participating in the mediation”.1
Mediation can be considered as a common technique in different consensual models of
conflict resolution. This consensus of movements in conflict resolution “has been variously
described as community justice, Restorative Justice, informal justice, etc., but in practice it is
most often referred to by means of the technique which most models have in common, which is
‘mediation’ as distinct from legal adjudication”.2
However, attention should be paid to the fact that this statement primarily refers to the
European context.
The conflict resolution based on the concept of restorative justice. “The foundation of the
restorative justice model lies with the idea that crime causes harm and offenders should be held
accountable for, and work to repair the damage their actions have caused (…). While victims
may bear the direct consequences of a criminal act, harmful acts also disrupt the web of con-
nection and care between individuals in the larger community.”3 It is not a narrowly defined set
of instruments, it is normally not directly integrated into the Criminal Justice System, and it is
meant to solve conflict between the “stakeholders” (offender, victim, peers, and community) more
effectively.
1 Council of Europe, Committee O. M. 1999. Mediation in Penal Matters: Recommendation N° R

(99) 19 adopted by the Committee of Ministers of the Council of Europe on 15 September 1999. and
explanatory memorandum. Available: http://www.mediacio.hu/files/EU_dok/CoE_R(99)19_mediation.
pdf [Accessed].
2 ibid.
3 Elis, L. (2005) “Restorative Justice Programs, Gender, and Recidivism” Public Organization Review 5, p.
ARE MEDIATION AND RESTORATIVE JUSTICE PROGRAMS SUITABLE FOR... 13
“Restorative Justice is an approach to problem solving that, in its various forms, involves
the victim, the offender, their social networks, justice agencies and the community. Restorative
Justice programmes are based on the fundamental principle that criminal behaviour not only
violates the law, but also injures victims and the community. (...) Restorative Justice is a way
of responding to criminal behaviour by balancing the needs of the community, the victims and
the offenders. It is an evolving concept that has given rise to different interpretation in different
countries, one around which there is not always a perfect consensus.”4
Restorative justice programs under the auspices of criminological research were first car-
ried out in parts of Australia. They were meant to address and mitigate the overrepresentation
of Australian Aboriginal population in Australian prisons. This situation was also prevalent in
New Zealand for the Maori population. Historically restorative justice has emerged from trib-
al/clan justice practices of indigenous people in North America and Oceania. You can read
about the success of the project and the reduced pressure on the respective justice systems in
the works of Braithwaite.5
HISTORY: THE BEGINNINGS OF THE COREPOL PROJECT

The preliminary steps of the COREPOL project (“Conflict resolution, mediation, restor-
ative justice, and police activity among ethnic minorities in Germany, Austria and Hungary”)
No. 285166, FP7-SEC-2011.6.5-1 were taken in summer 2010, when Prof. Dr. Joachim Ker-
sten, the Head of the Department of Social Sciences at the German Police University of Mün-
ster proposed to start a joint project between Hungary, Austria and Germany funded by the
European Union.6 In Western European countries that time, the main problem was and still is
now, the high volume of new migrants while Eastern European countries are struggling with
Roma-police conflicts.
The political dimension of police-minority relations is obvious in all three countries under
comparison. In Germany, the debate about the integration of migrants from Turkey and Mid-
dle-Eastern countries has reached a new stage of public controversy. Xenophobic attitudes and
anti-Islamic sentiments have increased, and so have right-wing demand for “a strong leader”.
In Austria accusations of “racism” have surfaced for police officers, and the new government
in Hungary is apparently taking the Roma problem very seriously while prohibiting vigilante
activities by right-wing groups in the Roma communities with the necessary eloquence.
It is a common feature of the police’s abuse of force (ethnic or racial profiling) that it un-
dermines the democratic accountability of the police and the image of fair democratic polic-
ing. Only when citizens have trust in police and confidence that they are doing professional
and fair police work, police are supplied with necessary information and support by those
they serve. Minority neighbourhoods and communities are often over- and under-policed at
4 “Handbook on Restorative Justice Programmes” United Nations Office on Drugs and Crime, 2006.
5 Braithwaite, J. 1989. Crime, Shame and Reintegration. Cambridge University Press, Kersten, J. 1991.
Beschämung, Verantwortung, Kontrolle – Japan als Referenzpunkt kulturvergleichender Forschung zur
Kriminalitätskontrolle. In Monatsschrift für Kriminologie und Strafredchtsreform 75, 342-357. Kersten,
J. 1993. Street youths, bosozoku, and Yakuza: Subculture formation and societal reactions in
Japan. In Crime & Delinquency, 39, 277-295.
6 The partners were the following institutions: The German Police University (DHPOL, Germany) from
where Prof. Dr. Kersten was delegated as a project coordinator, the Police College (RTF, Hungary, Faculty
of Law Enforcement of the National University of Public Service), Science Academy of Safety, Science and
Research Institute (.SIAK, Austria), Institute of Sociology of Law and Crime (IRKS, Austria); and the
European Research Services Inc. (ERS, Germany).
14 Andrea Kozáry
the same time. Because of dense living situations and prevailing problems of street crime and
drug dealing such areas are likely candidates for frequent patrols and arrests.7
In all three areas of difficult police-minority relations there were established traditions
of policing minorities in the field of crime, corrections, and victimization. Anglo-American
Research indicates that the practice concept of restorative justice (RJ) has been used to suc-
cessfully to deal with police-minority conflict and related problems.
In regard to the European cooperation, a workshop titled “Anti-Discrimination, Diversity
and other Fundamental Rights Topics in Police Academies: From Theory to Practice” was
held in October 2010, organized by the Association of European Police Colleges, CEPOL,
focussing on practises on how human rights provisions can be integrated in police training.
During this workshop, one of the presenters mentioned “restorative justice program” as a way
of dealing with domestic violence offenders. The chairperson’s question whether the concept
of Restorative Justice was familiar among the participants revealed that more than half of
those listening (senior police, academics at police colleges and the like) had never heard of it,
so it had to be explained to them by Professor Kersten. He was working at the Criminology
Institute of Melbourne University in the late 1980s on the theory of “re-integrative shaming”
– which is a corner stone of what later developed into Restorative Justice.
The idea of “re-integrative shaming” was based on the assumption that Japan’s extremely
low (reported) crime rates were mainly the result of the country’s tradition as a “shame culture”
(versus Western “guilt cultures”). In parallel Braithwaite developed a “shaming theory” and
found that New Zealand’s Maori communities turned away from the dominant Anglo Com-
mon Law tradition of criminal justice. These communities re-enacted tribal forms of conflict
resolution in the areas of domestic violence and juvenile violence such as family conferences
(conferencing). In the course of the development of restorative justice in the United States
and Canada similarities to indigenous law practice/conflict resolution were rediscovered, e.g.
among the Navajo, First Nation people of Canada, and other Native American people.
ROMA IN EUROPE AND IN HUNGARY

The Roma in the enlarged Europe are facing extraordinary complexity of challenges. Un-
like other minority groups, they have no historical homeland and live near in every country
across Europe. They are extremely diverse with multiple subgroups based on language, histo-
ry, culture and religion. Estimates of the size of the Roma population diverge widely. Census
date is widely debated, since many Roma do not give a declaration about their ethnic back-
ground. The other sources which are most reliable, are the sociological surveys carried out by
scholars. The governments use this kind of research as building blocks for their policies. By
most estimates, the share of Roma has grown to between 6 and 9 percent of the population in
Hungary, Bulgaria, Romania, FYROM and the Slovak Republic.
According the World Bank’s report, in total, about 9 million Roma live in Europe - popu-
lation equal to that of Sweden or Austria (according to the Research Platform “Human Rights
in the European Context” this number is about twelve to 15 million). A recent study of the
EU Fundamental Rights Agency showed that the majority of Roma in the EU are exposed to
discrimination in all areas of life. The EU launched several initiatives in response to better
guarantee the rights of Roma.
7 Kersten, J. (2009 mit Reza Ahmari), Die Reichweite von Interkultureller Kompetenz, in: Polizei und
Fremde – Fremde in der Polizei, hrsg. von Karlhans Liebl. Studien zur Inneren Sicherheit. VS Verlag für
Sozialwissenschaften, S. 239-242.
Hungary is suffering from large number of ethnic-based conflicts of which the majori-
ty involves the Roma people. Their estimated number by far exceeds that of other minority
groups. Estimates go from 4-6% to up to 7-10% of the total population, which means from
400, 000 to up to 1 million Roma people are affected. During the national census in 2011,
when citizens were asked about national affiliation on an anonymous basis, 315,583 people
defined themselves as Roma but in 2001 only 190, 046. The latest sociological research shows
that approximately 8% of the population are Roma.
The Roma’s situation is quite different from that of other 12 minorities living in Hungary.
They do not have a mother state, so they cannot get financial and intellectual help from their
home country. The majority of them lost their languages and speaks only Hungarian.8
In previous decades, especially during socialism, industrial work or even full-time work
in agriculture provided the basic livelihood. A general aim for the members of this group was
to define themselves first and foremost as Hungarian citizens rather than refer to their “Roma
descent.” The Roma living in isolated and segregated settlements wished to move to villages
and towns and live among non-Roma, and they were offended when others called them Roma
[gypsy]. Despite all their efforts, they did not succeed in moving to prosperous villages to
live among the non-Roma. Everywhere they were forced to face the social consequences of
their ethnic background. The assimilation attempts of Hungarian speaking Roma were only
partially successful. Even in the communities where the men used to work in industry or in
agriculture, buying and selling and street-vending became possible livelihood solutions. From
the second half of the 1980s, many Roma - above all unskilled workers and labourers - be-
came unemployed and lost their stable and secure livelihoods. Many Roma who had already
attained a lower middle-class quality of life, were forced once again into casual work and
insecure livelihoods, for the Roma communities the security of employment and the security
of the family have become the purpose of life. The Roma in Hungary are severely affected by
poverty - seven times more than non-Roma. They are marginalized and discriminated against
in their access to education, housing and employment. Romani children are frequently placed
in special education designed for children with mental disabilities and are segregated in sep-
arate Roma-only classes and schools. Discriminatory rules and practices of local authorities
towards Romani families impede their access to social housing. The unemployment rate of the
Roma is estimated to be 70 per cent, more than 10 times the national average.
The number of ethnic-based conflicts has been drastically increasing in Hungary, mostly
against the Roma people. There were eight similar attacks against the Roma people between
July 2008 and August 2009 in North-East Hungary. The attackers used guns, grenades and
petrol bombs in these assaults on the Roma over a 14-month period. Six people died, 55 were
seriously injured. Among the victims there was a couple in their forties, an elderly man, a
father and his son, and a single mother with a 13-year-old daughter. In one attack a house
was set ablaze and as the Roma father and his four-year-old son fled they were shot dead. Fear
spread to other villages and other counties. The Roma people were afraid everywhere, they
felt that the police were not able to protect them.9 Life sentences were handed down to three
perpetrators, the fourth defendant got a 13-year prison sentence.
8Three subgroups among the Roma population can be identified: the largest is the group of Hungarian–
speaking Roma (70-75%). There are also Vlach-Roma, who speak Romani (15-20%) and so called
Beash-Roma, who speak the Beash language, an archaic form of Romanian (10%).
9 On that topic see the movie of Bence Fliegauf “Just the Wind” and a documentary movie of
award-winning filmmaker Eszter Hajdú: “Judgment in Hungary” https://www.youtube.com/
watch?v=BGDt6HRZYtk The trial of four serial killers charged with murder on racial grounds started
in Budapest in March 2011 and lasted over 30 months (167 days). The film documents the trial from the
very first day until its end in August 2013.
16 Andrea Kozáry
Within Europe, the Hungarian Roma can be considered one of the most apparent subjects
of discriminatory ethnic profiling by the police. Law enforcement officials need to take steps
towards increasing the confidence of hate crime victims, so that they in turn feel safe enough
to report such crimes to the police. That can only be done if the Roma groups are assured that
thorough investigations are made in instances of police ill treatment of Roma. To bridge this
trust gap, it is crucial for the police to receive adequate training on community policing that
can help them to handle conflict resolution at local levels.
THE COREPOL PROJECT

The aim of the project is to enhance the cooperation of three EU countries (Austria, Ger-
many and Hungary) concerning the training institutions of police officers. The main scope
of the project was to examine how police can effectively use mediation, restorative justice
in law enforcement, how this method can be used in conflicts between minorities (Turks in
Germany, Africans in Austria and the Roma people in Hungary). We had anticipated and
we were eager to prove that tools of restorative justice can improve the relations between the
majority and minorities everywhere from school to the local neighborhood and in the entire
justice system.
We were convinced that the vulnerability of both the majority and minorities can be effec-
tively treated with understanding and humane methods of conflict management and only this
can lead to peaceful society. According to various surveys, the majority of the society thinks
that the role of the government is to protect the social order, and it has to ensure that citizens
adhere to the norms of social coexistence.
It is also agreed that state must act strictly against perpetrators of serious crimes, neverthe-
less, alternative solutions should be sought against those who committed less serious offenses.
Nowadays RJ as a new alternative method of conflict resolution and mediation is becom-
ing well-known in several countries. More and more people are aware that his method is fast-
er, cheaper and it can significantly reduce the Court’s workload and it can be successfully used
for prosecution to terminate the judicial process, the victim restitution can help to reduce the
pain and losses due the committed crime and the parties can feel the more personal treatment
and can accept the verdict.
One of the aims and a major task of the project was to carry out a research focussing on
professional education of key competencies such as empathy, responsibility, tolerance, prob-
lem solving, confidence in professionalism, efficiency, collaboration, openness, respect, and
the recognition of different values, communication skills and creativity. All of these skills are
essential for those working in law enforcement and highly essential in any democratic coun-
try throughout the European Union.
The project received an EU grant in November 2011 for a duration time of 36 months, i.e.
it was running from January 1, 2012 and terminated on December 31, 2014.
There were six work-packages (WP) defined according to the main tasks stated in the
project. The responsibility of the WP1 was to coordinate the scientific work which had to be
ensured during the entire project period. The task of the WP2 was to collect literature on re-
storative justice, to carry out a comparative analysis of the theoretical and practical approach
by interviewing experts. The WP3 contained mainly field work, which was actually the most
important part of the project. The responsible manager for WP3 was the Hungarian part-
ner focusing on minorities and carried out related research including different participating
countries. The WP 4 was to investigate the role of the police, to prospect and explore the du-
ties of the police and to provide comparative analysis of the activity. The WP5 focused on the
dissemination of the results. The data to be collected was about the names of the researchers
and places, times and what scientific conferences and meetings attended, what publications
have appeared on the subject and what our plans are for the future. The WP6 included tech-
nical, financial, administrative and ethical responsibilities, which are relevant for the project
and had to be maintained.
THE FIELDWORK RELATED TO WP3, PROBABLY THE MOST

IMPORTANT PART OF THE PROJECT
The results were obtained by the Hungarian team according to the interview outlines
which were accepted by all the participants and prepared according to the interview outline
agreed by all the other parties of research in Germany, Austria and minority problems in
Hungary regarding the representation of a comprehensive, multi-perspective viewpoint.
In these three countries, the police conduct on minorities is one potential reason for the
growing political and ethnic conflicts. The work package focused on a specific analysis of the
situation concerning three targeted minorities, examining the relationship between the law
enforcement and minorities for the participating countries of the study. The primary objective
of the consortium was to gain information from the results of field research concerning re-
storative justice programs effectiveness for these minority populations, and to find out wheth-
er the police units engaged in these programs or not.
In each of the three countries the same interviews were prepared and issued. In Hunga-
ry, the interviews were administered in six villages of Nógrád County.10 In addition to these
villages, some urban areas of Miskolc and the 13th district of Budapest were researched. In
Germany Berlin, Hamburg and Mannheim cities were interviewed while in Austria Vienna
and Graz were investigated.
Firstly the interviews with the members of ethnic minorities focused on everyday life, and
the questions about security and protection were asked. We inquired about the family’s situ-
ation, how many people lived in the same household, what school qualifications the members
of the family had, whether they were employed, how they spent their free time, how safe and
protected they felt in their environment and we asked the interviewees about their conflicts
and treatments.
Later we asked about their experiences with the police, the image of the police, personal
experiences, potential conflicts and asked whether they could propose any solution to the
problems.
We tried to get primary information from the local police representatives, officers and
non-commissioned officers, local authorities and members of the local governance systems
using qualitative interviews, who could be considered as a participating party dealing with
minorities within the administrative authorities, for example, educational institutions, repre-
sentatives of non-governmental organizations, etc.
The main problem was to find out whether the attitude of the police was acceptable or not
and the main focus was to find out what comes from experience.
The outline of the police interview first contained questions about the professional situ-
ation (what his rank was, for how many years the officer was working in the body, what re-
sponsibilities the officer had and when and how he had direct contact with the public). It was
10 Mátraverebély, Bátonyterenye, Mátraterenye, Sóshartyán, Hugyag and Drégelypalánk

18 Andrea Kozáry
followed by the questions concerning the perception of minorities, professional experience,

the most typical cases, the procedure and the progress of the conflict, what measures and
solutions were used in these situations, etc.
The WP3 gave an overview of the socio-economic status of minority communities, de-
scribed the way in which the law enforcement institutions were managed and we focused
on the methods that were used by the law enforcement agencies related to restorative justice
while dealing with minorities: if the police were involved in the existing programs of restor-
ative justice, and if so, what experiences they had.
The following three summary tables show the numerical data obtained from the interviews
with minorities, police and representatives of various organizations in Hungary, Austria and
Germany.
Overview Data Collection Hungary
Minority Police
Spatial Persons ∑
from Thereof Police officers Thereof in Other
settings minority in Representative in total leading stakeholders (no double-
total s of Minority (men/women) position counting)

(men/women)
Organizations
Nograd 13 3 10 1 3 26
county (7/8) (6/1)
City of 11 2 10 2 3 24
Miskolc (7/6) (5/3)
City of 10 1+1 11 3 9 30
Budapest (3/5) (7/3)
∑ 34 6 31 6 15 80
Overview Data Collection Austria
Minority (=M) Police

Thereof
Police Politicians/ ∑
Spatial Persons from
Represen-
officers Thereof in NGOs represen- (no
tatives of
settings minority in total
Minority
in total leading tatives of double-
(men/women) (men/wome position authorities counting)
Organizati-
n)
ons
21
(12/9)
+ 3 women with
24 12
Vienna children with 6 (16/8) 8 (incl. 4 3 57
one African (incl. 2 M) M)
parent
20 17 6 3
Graz (14/6) 4 (14/3) 7 (incl. 2 (incl. 1 M) 43
M)
∑ 41 + 3 10 41 15 18 6 100
Overview Data Collection Germany
Minority Police
Politicians/ ∑
Spatial Persons from Police officers Thereof in NGOs represen- (no
settings minority in total in total leading tatives of double-
(men/women) (men/women) position authorities counting)
Berlin 8 7 1 4 19
Mannheim 7 8 3 2 1 17
(7/1)
Hamburg 7 5 - 4 16
(supplemental)
∑ 22 20 4 10 1
52
The joint research results on the practices of the three participating countries have been
presented in various scientific studies, papers, reports and interviews and they were summa-
rized at workshops, national and international conferences. Publications have been prepared
about the results using the methods of other social sciences (history, law, sociology, commu-
nication, political science, criminology) in such a way that these could be used in academic
curriculums as well.
Our intention was to prove that the restorative justice approach is a rather complex sys-
tem, whose primary aim is to restore the damage created by criminal offense. Mediation is an
existing judicial approach in Europe and it has been increasingly used in practice to negotiate
the case and solution between victim and perpetrator. The mediation process represents a
new kind of judicial culture in which the parties’ main goal is not merely a victory over each
other, but the final aim is to reduce tensions and to understand each other, build trust and
respect and to seek a joint solution acceptable to all.
This is an alternative dispute resolution method which transforms the relationship be-
tween the parties, providing more opportunities to understand each other with a form of
a dialogue, which is extremely important in the conflicts where the parties need to work
together to resolve the dispute. Mediation can be considered as a “success sector” and it is an
area where the government does not act like an authority, but only supports and encourages
partners to enter the conflict management process. This is why the project participants con-
sidered this as an essential method and urged that more and more people become familiar
with this method both in theory and practice.
As the results of the project there were several successful mediations, the community co-
hesion has been significantly strengthened according to the local people, and there is now a
group of freshly trained and committed local people, who are willing to help their community
as mediators and to volunteer in other community-based actions.
The research leading to these results has received funding from the European Union Sev-
enth Framework Program (FP7/2007-2013) under grant agreement 285166 (COREPOL)
www.corepol.eu
20 Andrea Kozáry
REFERENCES
1. Braithwaite, J. 1989. Crime, Shame and Reintegration. Cambridge University Press
2. Conflict Resolution, Mediation, Restorative Justice and the Policing of Ethnic Minorities
in Germany, Austria and Hungary (COREPOL) In: Kékesi Tamás: The Publications of the
MultiScience - XXIX. microCAD International Multidisciplinary Scientific Conference.
Miskolc, 2015.04.09-2015.04.10. University of Miskolc 2015.Paper G3.
3. Council of Europe, Committee O. M. 1999. Mediation in Penal Matters: Recommendation
N° R (99)19 adopted by the Committee of Ministers of the Council of Europe on 15 Sep-
tember 1999. and explanatory memorandum. Available: http://www.mediacio.hu/files/
EU_dok/CoE_R(99)19_mediation.pdf [Accessed]
4. Elis, L. 2005. “Restorative Justice Programs, Gender, and Recidivism” Public Organization
Review 5, p.
5. Handbook on Restorative Justice Programmes. United Nations Office on Drugs and Crime,
2006.
6. Kersten, J. 1991. Beschämung, Verantwortung, Kontrolle – Japan als Referenzpunkt kul-
turvergleichender Forschung zur Kriminalitätskontrolle. In Monatsschrift für Kriminol-
ogie und Strafredchtsreform 75, 342-357.
7. Kersten, J. 1993. Street youths, bosozoku, and Yakuza: Subculture formation and societal
reactions in Japan. In Crime & Delinquency, 39, 277-295.
8. Kersten, J. 2009 (mit Reza Ahmari), Die Reichweite von Interkultureller Kompetenz, in: Po-
lizei und Fremde in der Polizei, hrsg. von Karlhans Liebl. Studien zur Inneren Sicherheit.
VS Verlag für Sozialwissenschaften, S. 239-242.
9. Kozáry, A. 2015. Police and ethnic minorities: Roma in Hungary. In: Demokratische Ent-
wicklungen in der Krise? Politische und gesellschaftliche Verwerfungen in Rumänien,
Ungarn und Bulgarien. Bálint Balla, Wolfgang Dahmen, Anton Sterbling (Hrsg.) Rein-
hold Krämer Verlag, Hamburg, 181-193.pp.
10. Kozáry, A. Restorative Justice – the Hungarian perspective. In: Policing minority com-
munities:
11. Restorative Justice Approaches and its embeddedness in Austria, Hungary and Germany.
Schriftenreihe der Deutschen Hochschule der Polizei 1|2014. 71-83. pp. Münster
12. Police–minority relations: Policing – Ethnic minorities. Restorative Justice in police prac-
tice. Edited by Andrea Kozáry. L’Harmattan Press, Budapest, 2014. 140 p.
FUNDAMENTAL PRINCIPLES OF CRIMINAL
PROCEDURE AND SIMPLIFIED FORMS OF
PROCEEDINGS IN CRIMINAL MATTERS
Vojislav Djurdjić, PhD1
Faculty of Law, University of Niš
Abstract. The paper discusses the modalities of simplification of procedural forms,

established to achieve the objective of expediting criminal procedure. That can be obtained
by the simplification of the general procedural form or by the introduction of the specific
simplified procedural forms. The undertaken reform of Serbian criminal procedure
represents the continuation of the tendency of developing specific criminal procedures,
which in this paper are observed from the right to trial within a reasonable time point of
view. The institutionalization of the regime of exempting certain procedural principles in
the specific criminal procedures is a method suitable for making these procedures shorter,
faster and more deformalized. Redefinition of basic principles reflects on the regulation
and coherence of the structural elements of the general criminal procedure, which is
emphasized when one of the basic principles is being limited or abolished. Since negative
effects of the regulation of the basic principles are transferred from the general to the
specific forms of criminal proceeding, the author critically analyzes the abolition of the
principle of truthfulness, as well as the degradation of the principles of directness and
contradiction, which resulted in jeopardizing right to a fair trial.
Keywords: criminal procedure, basic principles of criminal procedure, simplified
procedural forms, directness principle, contradiction principle
ON SIMPLIFICATION OF PROCEDURAL FORMS

Simplified forms of proceedings in criminal matters have their origin in the need for ra-
tionalization of criminal proceedings which is more and more evident every day by making
itself felt in the reforms of criminal procedure laws governments have been undertaking with
increasing frequency. In which direction the said rationalization will move depends on the
causes and factors which create the need for it. If the causes of a slow criminal justice system
lie in the statute itself, the way out of it should be looked for in its reform. An increase in the
number of new cases referred to the courts, which has not been accompanied by a corre-
sponding increase in the number of judges and prosecutors, as well as the existing formalism
whose purpose is to provide better protection of defendants are offered as arguments in fa-
vour of simplification and acceleration of proceedings.2 In a joint action of its member states
to speed up and simplify the working of the criminal justice system, the Council of Europe
has also taken as its starting point a rise in the number of criminal cases handled by courts,
in particular those which carry minor penalties, as well as the opinion that delay in resolv-
ing crimes brings the justice system into disrepute and affects the proper administration of
1 E-mail: [email protected]
2 Pradel, J., Droit pénal comparé, 2nd edition, Paris, 2002, p. 603.
22 Vojislav Djurdjić
justice.3 Frequently, the duration of criminal proceedings is the main criterion for evaluating
how successful judicial authorities are in their work and a synonym for the premise on the
“slow judiciary”, “slow justice”, too much time which passes from the moment a crime is com-
mitted until “its perpetrator has received a fitting punishment”.4
How much significance is attached to justice administered without delay is expressed in
all the international documents on human rights, under which the right to a trial without un-
due delay (within a reasonable time) is included in the fundamental human rights. Thus, the
European Convention of the Protection of Human Rights and Fundamental Freedoms also
establishes in its provisions which govern the right to a fair trial (Article 6, paragraph 1) the
right to a trial without undue delay.
The acceleration of proceedings is both legal and political problem,5 so it is understand-
able that the Committee of Ministers of the Council of Europe has adopted a recommenda-
tion on the simplification of criminal justice, which not only advises /the member States/
to resort to the principle of discretionary prosecution but it also sets out these guidelines
on how to remedy delays in the administration of criminal justice in proceedings for minor
offences which occur on a massive scale: the so-called summary proceedings should be used;
out-of-court settlements should be applied as an alternative to trials; the so-called simplified
proceedings should be used; ordinary judicial proceedings should be simplified - Recommen-
dation No. (87) 18.
Pursuant to these recommendations, the acceleration of criminal procedure may move
in two directions, either towards of the simplification of the ordinary form of criminal pro-
ceedings (by implementing measures for making individual stages and phases of those pro-
ceedings more simple and flexible) or towards developing special simplified forms (then, as a
rule, individual phases or stages are omitted or some instruments of out-of-court resolution
of criminal matters are resorted to - the diversionary method).
The lawmakers move away from the ordinary and opt for special proceedings whenever
they aim to achieve expeditiousness in trials for certain criminal offences.6 Recently, the sim-
plification of procedural forms has turned towards avoiding trying cases at main hearings
by moving the centre of adjudication to some earlier stage in the proceedings. It was typical
of older forms of simplified procedure that stages which preceded the main hearing were
omitted as was the case with our summary criminal proceedings in which there was no in-
vestigation.
It has been noted that contemporary legislatures are characterized by frequent reforms
based on multiplication of special, simplified forms of criminal procedure.7 However, the as-
piration to simplify procedural forms may not cross the lower limit below which a process
does not represent a stable system of guarantees for achieving a due process of law and a
proper decision on the merits.8
3 See the Preamble to the Recommendation No. R (67) 18 of the Committee of Ministers of the Council
of Europe to member States concerning the simplification of criminal justice (adopted by the Committee
of Ministers at on September 17, 1987 at the 410 meeting of Deputy Ministers).
4 Radulović, D. Efficiency Of Criminal Procedure And Its Influence On Crime Prevention, in Realistic
Possibilities Of Criminal Legislature, Belgrade, 1997, p. 159.
5 Vasiljević, T., Means For Expediting Criminal Procedure, Collection of Papers of the Faculty of Law
in Novi Sad, 1966, p. 141.
6 Vasiljević, T., Means For Expediting Criminal Procedure, Collection of Papers of the Faculty of Law
in Novi Sad, 1966, p. 61.
7 Brkić, S., New Procedural Forms In Criminal Procedure Code, in Place Of Yugoslav Criminal Law In
Contemporary Criminal Law, Belgrade, 2002, p. 218.
8 For more details on the simplification of procedural forms, you can consult: Grubač, M., New Provisions
On The Main Hearing In The Criminal Procedure Code Of Decembre 12, 1976, Yugoslav Criminology
And Criminal Law Review, 2/1987, pp. 467-514; Bejatović, S., Simplified Criminal Proceedings And
FUNDAMENTAL PRINCIPLES OF CRIMINAL PROCEDURE AND SIMPLIFIED... 23
There have been more and more new models of simplified criminal proceedings in
comparative law, heterogeneous and distinguished from each other by the manner in which
they have been structured. Their underpinning idea is that the simplification of procedural
forms9 and adapting them to the subject matter of court proceedings will lead to faster, more
rational and efficient trials. Following the said trend and modeled on the solutions from com-
parative law,10 two completely new special criminal procedures were introduced in Serbia by
the 2001 Criminal Procedure Code: a) sentencing procedure prior to the main hearing and b)
procedure for imposing a sentence and suspended sentence by an investigating judge. Those
were radical and bold legislative solutions, based on the idea that procedural efficiency may
be achieved by preventing all the proceedings which have begun from reaching the stage of
the main hearing by definitely resolving the subject matter of the proceedings at some of the
earlier stages which came before the main hearing. Thus, the Court has been released from
the needless and unnecessary burden of bringing each criminal matter to the main hearing.
In such a manner, the postulate of the traditional hybrid type of criminal procedure accord-
ing to which there can be no adjudication unless the main hearing has been brought down.
Unlike summary proceedings, which are also built upon the idea of simplification of proce-
dural forms from which the stage of investigation has been eliminated, the stage of the main
hearing is avoided in these newly established special proceedings, which until recently would
have been inconceivable for a trial in the civil law model of criminal procedure. Following
modern ideas about possible models of rationalization of proceedings, Serbian legislators in-
troduced another new form of simplified procedure by the 2009 Law Amending the CPC,
namely the agreement on the admission of guilt. Simultaneously, an instrument of negotiated
justice was thus adopted, which until recently would have been unimaginable in the hybrid
model of criminal procedure. All those simplified forms of procedure, with the exception of
the procedure for imposing a sentence and a suspended sentence by an investigating judge,
are provided for in the new Code as well. Basically, previous legislative solutions have been
kept and the scope of application of summary proceedings has been extended to include all
the offences which carry the punishment of maximum eight years in prison, some provisions
have been restructured, while some proceedings have been renamed.
FUNDAMENTAL PRINCIPLES OF PROCEDURE IN RELATION

TO SIMPLIFIED FORMS OF PROCEEDINGS
It is a feature of simplified forms of proceedings that they differ from the ordinary crimi-
nal proceedings in their structure which adapts to various reasons for simplification (nature
and seriousness of an offence; complexity of the case and quality of evidence; defendants per-
sonality; parties’ attitude towards the charges, such as defendants guilty plea or an agreement
between the parties, etc.). Essentially, structural changes come down to the omission of indi-
vidual stages or even entire phases (the investigation stage is omitted or the entire preliminary
proceedings or even the trial, after which the procedure on legal remedy may also be omitted).
Precisely the said “defectiveness” of structure requires that procedural stages and actions be
linked with each other and that primary procedural functions be structured on fundamental
principles of procedure which are differently applied. Since an explanation of how the funda-
mental principle of procedure correlates with the simplified forms of procedure is necessarily
based and depends on how procedural principles and their function are conceived of and how
Tendencies In State Reaction To Crime, in Strategy Of State Reaction Against Crime, Belgrade, 2003;
Đurđić, V., Actual Issues And Basic Features Of Principal Criminal Procedure, Yugoslav Criminology
And Criminal Law Review, 3/1999, pp. 23-38.
principles are classified as fundamental and how their essence is defined. Firstly of all, those
general notions will be briefly explained.
Considering that in the theory of criminal procedure law there is no generally accepted
definition, an opinion can be deemed acceptable according to which the fundamental princi-
ples of procedure are conceived of as general legal rules which are made through the synthesis
of the rules of procedure from international or national law from which they emerge and focused
on certain postulated social values to whose achievement the establishment of criminal proce-
dure should serve.9 The function of procedural principles is divided between jurisprudence,
legal policy, and practice of law. Jurisprudence endeavors to build a system based on theory
and reduce a plurality of individual legal rules to a definite number of principles, a need that
arises out of the economy of scientific thinking which requires that as many objects as pos-
sible are reduced to the same explanatory notion.10 In respect of the lawmaker, principles are
understood as his best choice of procedural institutes in the light of criminal policy, whereas
in respect of the authorities in charge of criminal proceedings, they are understood as tools
which help them interpret the regulations of criminal procedure law, especially when they
include legal standards or legal gaps which need to be filled (Krapac, 2003,78).
In general, legal principles are distinguished from ordinary legal rules by the normative
structure which is the basis for their application - a legal rule is applied either in its entirety or
it is not applied at all (it may not be applied partially), whereas principles include a require-
ment that a social goal is achieved either fully or as much as possible (they are “optimal com-
mandments” – Optimierungsgebote).11 The said lack of definition of required conduct, due to
which the principles are referred to as “optimal commandments”, may lead to a conflict of
principles which results in their limited implementation. This characteristic of legal principles
in general, and thus of procedural principles as well, is revealed in particular in the realm of
simplification of procedural forms.
In essence, the simplification of procedural forms includes three requirements, whose
subject matter is different, but which are focused on the same goal. Namely, those require-
ments emerge as means of reaching one and the same goal - to establish a simplified form
of procedure which corresponds to the reason for simplification. This involves: the abbre-
viation of proceedings which is achieved by omitting individual stages or entire phases; the
acceleration of proceedings by setting or lowering time limits for taking procedural actions
or on the duration of coercive measures; and making proceedings less formal (by dispensing
with formalities or some guarantees).12 A departure from the consistent application of certain
procedural principles by setting up a regime of exceptions in special criminal proceedings
has emerged as a particularly suitable method for achieving the said goal.13 A general con-
clusion could be drawn from the above, namely that the application of certain fundamental
principles characteristic of the ordinary form of procedure is limited in simplified forms so
that they could be released from the burden of guarantees in accordance with the grounds for
simplification and its manner and so that the purpose of introducing each simplified form of
procedure could be achieved. It is not possible to lay down in advance a general rule based
on which principles will be limited in simplified forms of procedure, but it seems reasonable
that the purview of principles which dominate a stage or a phase which is omitted from the
9 Đurđić, V., Revision Of The Basic Procedural Principles On Which The New Serbian Criminal
Procedure Was Built, Legal Word, 33/2012, p. 449.
10 Živanović, T., System Of Syntetic Legal Philisophy, 1951, p. 265.
11 Alexy, R., Rechtsregeln und Rechtsprinzipien, Archiv für Recht – und Socialphilosophie, Beiheft,
25/1985, p. 19.
12 Brkić, S., New Procedural Forms In Criminal Procedure Code, in Place Of Yugoslav Criminal Law In
Contemporary Criminal Law, Belgrade, 2002, p. 218.
13 Vasiljević, T., Importance Of Speed And Causes Of Tardiness Of Criminal Procedure, Archive For
Legal And Social Sciences, 2/1941, p. 96.
structure of a particular simplified form should be restricted. By way of example, the scope
of the inquisitorial principle is reduced in those simplified forms from which investigation is
omitted, while the purview of the principle of directness and the adversary principle is limited
in simplified forms in which there is no main hearing.
Limited application of the fundamental principles of criminal procedure has relativized
the optional character of those simplified forms whose initiation or completion depends on
the will of the parties. The sentencing procedure prior to the main hearing, now, truth be told,
wrongly renamed to the sentencing hearing,14 commences at the motion of a public prose-
cutor, while a judgment of conviction is passed if a defendant agrees with the prosecutors
motion for the type and extent of a criminal sanction (Art. 512 and Art. 517, Para. 2, item
1 of the 2011 CPC). Apart from this, defendants may prevent an already commenced sen-
tencing procedure without a main hearing from being concluded and turn it into summary
proceedings (in order for the main hearing to be held) by filing an objection to a judgment of
conviction which has been passed because a defendant has failed to appear at a hearing (Art.
518, Para. 2 and 3 of the 2011 CPC).
Generally speaking, legal principles are not related to each other in a uniform manner
and they may be either superior or subordinate to each other, they may exclude each other,
they may partially overlap or there may be a lack of mutual contiguity.15 These correlations
also exist between procedural principles, both in the ordinary form of criminal proceedings
as well as in the simplified forms and they may be useful when selecting the manner in which
procedural principles will be transformed, a process which needs to lead to the integration of
structural elements (stages and phases) making up the abbreviated structure of a simplified
form of proceedings. What this means is that restricting the application of a fundamental
principle will not necessarily result in favouring a particular fundamental principle or defi-
nitely imply restrictions on some other principle. Transformation of the fundamental princi-
ples of procedure in the process of simplifying procedural forms is only subject to the legiti-
mizing grounds based on which a particular simplified form of procedure is established in the
first place, whereas the said correlation between legal principles may be a valuable method for
coordinating the fundamental principles of procedure while achieving the said goal. In brief,
the fundamental principles of criminal procedure must be transformed in such a way as to
serve the purpose of the simplification of procedural forms.
TRANSFER OF NEGATIVE EFFECTS OF THE MANNER

IN WHICH FUNDAMENTAL PRINCIPLES ARE STRUCTURED
FROM THE ORDINARY FORM TO SIMPLIFIED
FORMS OF PROCEEDINGS
Under the influence of various factors,16 both legal and non-legal, principles are subject
to change, their scope and subject matter changes, as well as the reasons which justify them
and purposes they serve, or one set of principles is exchanged for another - therefore, they are
characterized as relative.17 At the normative level, the changes of fundamental principles are
14 Đurđić, V., Redifining Classical Procedural Notions In The Draft Of The 2010 Criminal Procedure
Code, Criminology And Criminal Law Review, 2/2010, p. 19.
15 Penski, U., Rechtsgrundsätze und Rechtsregeln, Juristenzeitung, 3/1989, p. 256.
16 See: Grubač, M., Principles Of Criminal Procedure And Their Transformation, Yugoslav Criminology
And Criminal Law Review, 1-2/1995, p. 72.
17 Vasiljević, T. Transformation Of The Criminal Procedure Principles, Annals of the Faculty of Law in
Begrade, 3-4/1969, p. 300.
manifested in the course of legislative reforms as either widening or restricting the scope of
application of a particular fundamental principle, as their new redefinition in the statute, or
even the abolishment of a particular principle.
Each of the said changes in the fundamental principles has an impact, either to a lesser or
greater extent, on the manner in which the ordinary form of criminal proceedings is struc-
tured, while their effect on the manner in which structural elements of the proceedings are
organized and interconnected is particularly prominent when it comes to limiting and setting
aside one of the fundamental principles. Abolition of a principle which is applied in the ordi-
nary form of proceedings and classified as a fundamental principle according to the doctrine,
as was done by the 2011 Criminal Procedure Code, has repercussions on the restructuring
of the entire ordinary criminal proceedings, in particular if it concerns the principle which
is deemed (or used to be deemed) to dominate all the other principles, such as the principle
of the establishment of truth. Numerous questions have arisen due to the abolishment of
the principle of establishment of truth from criminal proceedings: If truth about a criminal
incident is not established in criminal proceedings, how can the rules of substantive criminal
law be correctly applied to any given case, which is a generally accepted purpose of criminal
proceedings? Since in a country in which the “rule of law” is upheld, no one may be punished
unless it has been proven with certainty that they are subject to the State’s right to sanction,
on which will the State’s ius puniendi be based once the principle of truth is abolished and the
Court is released from the duty to prove all the legally relevant facts? It is a crucial question,
from the aspect of both legal theory and policy, but also an ethical and philosophical issue for
which Serbian lawmakers have not provided an answer. Ultimately, should the State entrust
the parties with the establishment of facts on which the public interest to punish an offender
is based or is it a civilization approach to rely on an autonomous, independent, impartial and
competent authority such as the Court?18
The fundamental principles of procedure also apply to simplified forms of criminal procedu
re, unless their application has been restricted or abolished by special statutory provisions go
verning the given simplified proceedings. The said equally applies to the effect which legislative
changes made to the fundamental principles have on the simplified forms of procedure, even
when it involves negative effects. To put it differently, negative effects which the reform of
a fundamental principle has on the manner in which the ordinary criminal proceedings are
structured and used are also transferred to the forms of simplified proceedings in which the
given principle is neither limited nor from which it has been excluded. Therefore, we will point
out the effects of some fundamental principles redefined by the 2011 procedure code.
Accusatory Principle - An erroneous statutory definition of criminal proceedings had
forced the lawmakers to omit from the new Code a provision governing the accusatory prin-
ciple. Since the investigation is, according to the lawmakers’ idea, a structural element of
criminal proceedings in the narrow sense of the word and since it is initiated by the decision
of a public prosecutor issued in the form of an order (Art. 7, Para. 1, item 1 of the 2011 CPC),
it was not possible to keep the previous statutory definition of the accusatory principle, oth-
erwise standard in codes of procedure,19 which read as follows, “Criminal proceedings shall
be initiated upon the request of an authorized prosecutor.”20 Instead of looking for a way to
eliminate the cause preventing the accusatory principle from being properly and consistently
18 Đurđić, V., Revision Of The Basic Procedural Principles On Which The New Serbian Criminal
Procedure Was Built, Legal Word, 33/2012, p. 454.
19 See; Art. 17 Macedonian CFC, Art. 405 of the Italian CPC, Art. 2, Para. 1 of the Croatian CPC, Art.
18, Para, 1 of the Montenegrin CPC, etc.
20 Article 19 of the 2001 Criminal Procedure Code (Official Gazette the FRY, no 70/2001 and 68/2002
and Official Gazette of the RS, no. 58/2004, 85/2005, 115/2005. 85/2005 - other law, 49/2007, 20/2009 -
other law, 72/2009 and 76/2010).
provided for in the law, the lawmakers had resorted to a pragmatic, not in the least inven-
tive intervention - they excluded the definition of the accusatory principle from the code of
procedure. However, this does not imply that any future criminal procedure will not be es-
tablished on the accusatory principle because it follows indirectly from other provisions, for
instance those governing the authorized prosecutor, the subject of a judgment,21 ‘judgments
dismissing the charges, substantial violations of the rules of criminal procedure as grounds for
contesting judgments, etc. (Art. 5, Para. 1, Art. 420, Para. 1 and Art. 422, Para. l, item 1, Art.
438, Para. 1, item 7 of the 2011 CPC).
The lawmakers would have had an opportunity to see that a statutory definition of the
accusatory principle was possible even when the investigation was defined as prosecutorial
only if they had familiarized themselves with the experiences of comparative law in which the
notion of criminal proceedings was properly defined. The statutory definition of indictment/
charges exists as well in the legal systems on which we have traditionally modelled our crimi-
nal procedure law, even our legal system, as a whole; as well, it also exists in the criminal pro-
cedure law of the country whose solutions have frequently been adopted or paraphrased by
our lawmakers. There is a statutory definition of charges in the German procedural law, which
has been our traditional source of ideas for the development of our legislation, “The opening
of court investigation shall be conditional upon preferment of charges” (§ 151 StPO). In the
legal system of Croatia, the accusatory principle has been elevated to the level of a constitu-
tional principle (Art. 25, Para. 5 of the RC Constitution) and as such, it has been incorporated
in their criminal procedure code, “Criminal proceedings shall be conducted on the request of
an authorized prosecutor” (Art. 2 of the Croatian CPC). Such a solution can also be found in
the Montenegrin criminal procedure law, with the exception that the very definition specifies
that the accusatory principle also needs to be applied in the course of criminal proceedings,
“Criminal proceedings shall be initiated and conducted pursuant to an indictment issued by
an authorized prosecutor” (Art. 18, Para. 1 of the Montenegrin CPC). Instead of making use
of the experiences from comparative law, the lawmakers stayed consistent with and loyal to
their erroneous understanding of criminal procedure even though their persistence razed
many definitions of traditional concepts of criminal procedure.
Instead of establishing preliminary proceedings on the accusatory principle, whose defi-
nition has been left out from the procedure code, their structure (the stage of investigation,
in the first place) involves some prominent elements of the inquisitorial principle: the investi-
gation is initiated ex officio even against an unknown perpetrator, and this also applies to the
criminal proceedings in the narrow sense of the word under the wording of the Code eo ipso;
defendants are not entitled to appeal in order to conduct investigation; only prosecutors may
undertake evidentiary actions in the course of an investigation whose findings may be used
as evidence at the main hearing without any statutory preclusions; a public prosecutor de-
cides on defendants or his counsels motions to present evidence; the defense is not entitled to
question witnesses or expert witnesses during an investigation so that their testimony could
be used as further evidence at the main hearing; if an investigation was conducted against an
unknown perpetrator, the indictment may be confirmed only based on evidence offered by
the public prosecutor, etc.
Principle of Directness - If we look at the history of amendments made to our criminal
procedure law, one may get the impression that each new conceptual amendment has broad-
ened some more the scope of departure from the principle of directness (e.g. both new codes
of procedure, the one enacted in 2006 and the one enacted in 2011, included amendments
which either directly or indirectly assailed the principle of directness).
21 Inn our opinion, the title ‘Subject Matter of a Judgment’ is more appropriate for Art. 420 of the CPC
than “Relationship of the Judgment to the Charges”.
The 2011 Code is specific because the application of the said principle has been called into
question although provisions which depart from direct presentation of evidence at the main
hearing have not been amended. The problem has arisen on account of the fact that the nature
of investigation has been changed and as opposed to judicial, the investigation has become
essentially prosecutorial, whereas the indirect presentation of evidence at the main hearing
has not been adapted to that radical change. Provisions which governed the departure from
the principle of direct presentation of evidence at the main hearing were not altered, so evi-
dence gathered by non-judicial authorities has been put on a par with evidence whose presen-
tation was ordered by the Court. The fact that the evidence presented by a public prosecutor,
the Court or the police has the same strength as evidence whose obtaining was requested by
the Court is evident from the provisions on “inspection of contents of the transcripts of tes-
timonies” under which records of evidence presented during an investigation may be used at
the main hearing and may constitute grounds for a judgment, irrespective of which authority
presented each particular piece of evidence (Art. 406 of the 2011 CPC). Under the new statu-
tory regulations, evidence presented by non-judicial authorities in the course of an investiga-
tion is not different in any respect from the evidence presented by the same authorities during
preliminary investigation. (From such perspective, it would be the same and even simpler if
evidence gathered by non-judicial authorities in preliminary investigation were validated in
the current procedure code instead of doing away with judicial investigation.) The fact that
in certain cases an obligation is imposed on public prosecutors to obtain authorization from
a preliminary proceedings judge prior to questioning witnesses and expert witnesses (when
they are questioned without a defendant being present there, either if he has not been sum-
moned or it is a case of an investigation against an unknown perpetrator), does not increase
the probative force of prosecutor’s evidentiary actions nor a statement thus obtained may be
validated by a prior judicial decision.
As opposed to the offered conception that both evidence ordered to be obtained by the
Court and evidence gathered by non-judicial authorities in the course of an investigation has
the same legal force, it is almost generally accepted that the presentation of evidence whose
obtaining was ordered by the Court following strict formal rules may provide a factual basis
for a judgment even when it is presented at pre-trial stages and that its probative strength is
superior to that of evidence gathered by non-judicial authorities. (Physical evidence is an
exception to this rule as well as evidence obtained through the so-called special evidentiary
actions taken pursuant to a judicial decision.) However, this does not imply that the prosecu-
torial investigation will result in evidence from the investigation being absolutely excluded at
the main hearing. Such a rigid concept had been originally advocated in the radical reform
of the Italian criminal procedure, when a pure version of the adversarial model was intro-
duced, but it was later abandoned primarily due to the so-called mafia crimes. It occurs more
frequently in comparative law that evidence from the prosecutorial investigation may be ex-
ceptionally used as a factual basis for rendering a judgment, but only under strict conditions,
such as in German criminal procedure.22
When the new conception of the probative force of evidence presented by non-judicial
authorities during an investigation is linked to the main hearing established on the adversarial
principle, it can be inferred that one party, namely the public prosecutor is favoured in our
new criminal procedure by way of provisions governing the departure from the principle of
directness, which makes such a conception dubious. Whereas a defendant must prove each
fact which goes in their favour at the main hearing by way of application of the principle of di-
rectness and the adversarial principle, a public prosecutor may indirectly introduce evidence
they have presented themselves (even evidence presented when the suspect was not present
22 See. § 251 StPO.

there) into the proceedings by making use of the records of presented evidence and it may
constitute grounds for rendering a judgment. Proceedings in which adjudication is based on
evidence gathered by non-judicial authorities are far from fair since defendants do not par-
ticipate in the presentation of evidence and since the equality of arms has not been ensured.
Adversarial Principle - The adversarial principle is not defined by some express legislative
norm but it follows from the very manner in which proceedings are structured. It can only
exist in those models of criminal proceedings which are structured to a lesser or greater extent
as a dispute between equal parties before a court of law. In legislation, adversarial proceedings
are usually provided for when physical presence of the parties is guaranteed, when an obli-
gation is imposed on the authorities in charge of the proceedings to duly notify the parties of
the time at which procedural actions will be undertaken and about the subject matter of the
proceedings, as well as of the rules which provide forgiving statements and making motions.23
Limitations of the adversarial principle are typical of preliminary proceedings, but they
may occur at a main hearing as well. Some departures from the principle of directness are at
the same time departures from the adversarial principle. For instance, indirect presentation of
evidence at the main hearing obliterates both the directness and adversaries of proceedings to
the prejudice of the quality of judicial decisions and it is also judged negatively if viewed from
the aspect of the protection of human rights.
In that respect, and from the point of view of adversariness, the biggest question mark
hangs over the compatibility with the Constitution and European Convention of those pro-
visions from the latest Serbian code which stipulate equal legal strength of evidence directly
presented at the main hearing and circumstantial evidence produced at one of the previous
stages in the preliminary proceedings, or even in the course of preliminary investigation. In
such cases which involve testimonies of witnesses and expert witnesses or the questioning of
an expert advisor, defendants are not afforded an opportunity to put questions at the main
hearing as in the case of adversaria] hearings and they are thus denied the right to “equality
of arms” and put at a disadvantage in the proceedings. Statements given during some of the
earlier stages in the proceedings may be used as evidence, which is not inconsistent with Arti-
cle 6, para. L and 3(d) of the European Convention on condition that a defendant is provided
with an adequate and proper opportunity to challenge and question a witness against them,
either at the time the witness makes their statement or at some later stage in the proceed-
ings.24 When legal provisions governing evidentiary actions in the course of an investigation
are linked to the departures from the principle of directness at the main hearing, they do not
satisfy the legal standard on which the principle of fair trial is based and which is known as
the concept of “equality of arms”.
In this case, the principle of “equality of arms” does not exist for a number of reasons.
During an investigation, evidentiary actions are exclusively undertaken by a public prose-
cutor, whereas a defendant and their defence attorney may only be present when they are
undertaken, but neither this right is guaranteed without restrictions (Art. 300 of the 2011
CPC). Not only witnesses for the prosecution, but also witnesses for the defence (this applies
to expert witnesses as well), are questioned by the public prosecutor during an investigation
because the rules on direct examination, cross-examination and redirect examination which
are laid down for the main hearing do not apply to investigation. It is not difficult to infer the
direction in which examination will move when a witness is questioned by an opposing party!
A defendant and their defence attorney are only entitled to propose to a public prosecutor to
put a specific question to a prosecution witness, a defence witness or expert witness for the
purpose of clarifying circumstances of the case, which the prosecutor may either reject or re-
23 Grubač, M., Criminal Procedure, Belgrade, 2006, p. 145.
24 The Kostovski Case, judgment of November 20,1989, A.166.
phrase (exceptionally, a public prosecutor may approve that questions be put directly). Defen-
dants are not entitled to cross examine prosecution witnesses in the course of an investigation
since those rules apply only to the main hearing. How can we even mention equality of any
kind when defendants are not entitled to directly question their witnesses or cross-examine
prosecution witnesses during an investigation? Rather, it could be asserted that defendant’s
and their defence attorney’s presence during evidentiary actions undertaken in the course of
an investigation is a form of control of public prosecutor’s work, but that it is insufficient to
ensure “equality of arms”. In itself, it does not run contrary to the concept of a fair trial if its
purpose was to ensure the bringing of an indictment, However, since witnesses’ and expert
witnesses’ statements given during an investigation may be used at the main hearing without
any restrictions, a defendant is not afforded an opportunity to contest them and question
witnesses against them under the same conditions or to directly examine the witnesses (it is
sufficient that either a witness or an expert witness does not appear at the main hearing, i.e.
that they “cannot be reached” or that they refuse to testify without legal grounds, for their
statements to become a factual basis of a judgment on the motion of the prosecution and by
decision of the Court).25 Equality of arms is directly defeated in cases when a public prosecu-
tor questions witnesses or expert witnesses in defendants or their counsels absence and then
their statements are used at the main hearing as factual bases for a judgment without exam-
ining them by applying the principles of orality, directness, and adversariness. In cases when
summonses “are not served on” defence attorneys and defendants “in accordance with the
provisions” of the code of procedure and when investigations are conducted against unknown
perpetrators, a public prosecutor is authorised to question witnesses or expert witnesses in
the absence of the defence attorney and the opposing party, for which they need to obtain a
prior authorisation of a preliminary proceedings judge (Art. 300, para. 6 of the 2011 CPC).
Still, it is completely clear that without a special argumentation, any prior authorisation by
the Court may not enhance the credibility of evidence given by a witness or an expert witness
who are questioned by a public prosecutor in the absence of a defence attorney and a defen-
dant, nor may it have any bearing on the “equality of arms”. The grounds for giving judicial
authorisation have not been laid down. They are left to the discretion of a judge, so a question
arises as to the ratio of such a provision. Given the fact that all the power in the investigation is
on the side of a public prosecutor, it cannot be expected from a preliminary proceedings judge
to prevent investigation against an unknown perpetrator by not granting their authorisation
and as a legislative solution, it is dubious in itself.
Departures from the principle of directness have therefore remained the same as if the
judicial investigation had not been substituted by prosecutorial. What this implies is that ev-
idence produced by other government authorities in the course of preliminary investigation
or investigation has the same value as that presented by the Court in pursuance of the strict
legal form and procedural principles of directness, adversariness, and publicity which domi-
nate the main hearing. Nevertheless, it should not be allowed that evidence whose obtaining
is ordered by the Court and evidence obtained by non-judicial authorities may be put on an
equal footing with regard to its probative force because in that way proceedings stray from
their primary task - the correct application of substantive criminal law to a specific incident,
but due to an unequal standing of a defendant with regard to the presentation of evidence,
such proceedings may not be called fair.
The adversary principle presupposes that proceedings are structured to a certain extent
in an “adversary manner”, i.e. as an adversary proceeding, which is why it is the principle
which features the most at the main hearing. The lawmakers have developed the said idea
exhaustively: at the main hearing, the evidence is presented exclusively by the parties, while
25 See Art. 406, para. I.ilerm 1 and A of the 2011 CPC.

the Court’s role has been rendered completely passive. The evidence proposed by a prose-
cutor is presented first, then defences evidence, and finally the evidence whose presentation
has been ordered by the Court acting ex officio. The law also lays down the order in which a
defendant is interrogated and witnesses, expert witnesses and expert advisors are examined.
The examination may be direct, when witnesses and expert witnesses are questioned by the
party which proposed them, cross, when they are questioned by the opposing party, and re-
direct, when they are once again questioned by the party which proposed them as witnesses
(Art. 396 and 402 of the 2011 CPC). Based on the above, it appears that conditions have been
created for a lawyers’ duel between two equal parties. Still, for criminal offences punishable
by imprisonment of less than eight years, defendants do not have to have a defence attorney,
which means that professional defence lawyers are optional for the majority of criminal of-
fences according to the legal classification and committed criminal offences. In such cases, if
a defendant does not hire an attorney, the manner in which evidence is presented and legal
relevance of facts is assessed is left to his layman’s understanding, and then the equality of
parties is nonexistent. In a purely adversarial version of the main hearing, the reasons of fa
irness require that defendants must have professional defence lawyers in all cases irrespective
of the type and seriousness of a criminal offence manifest in the punishment which it carries,
but the lawmakers have overseen this requirement blinded by a new shiny model of the main
hearing built on a formal equality of parties. In cases when a defendant has a defence attorney,
irrespective of the fact if a defence counsel is mandatory or optional, it is also questionable
in how many cases a defence will be competent and effective, on which solely depends actual
and not formal equality of arms.
CONCLUSION
In the process of simplification of procedural forms, a transformation of fundamental
principles of criminal procedure is a very suitable method for coordinating and integrating
structural elements of a particular form of simplified proceedings in criminal matters, in ac-
cordance with the values postulated to represent a basis for simplification and the function
which the given form should serve.
The scope of application of each fundamental principle based on which ordinary criminal
proceedings are established also includes simplified forms of adjudication of criminal matters
if it is not restricted or even abolished during the creation of the given procedural form. For
that reason, all the effects, even the negative ones, of redefining, restricting the scope of appli-
cation, or eliminating a fundamental principle, are transferred to simplified forms of criminal
proceedings (elimination of the principle of truth from ordinary criminal proceedings pre-
cludes ascertainment and proving of truth in all the simplified forms of procedure).
The restructuring of fundamental principles of criminal procedure and prescribing guar-
antees for the right to a defence which are not adapted to the prosecutorial type of investi-
gation and adversarial version of the main hearing raise doubts about whether or not the
new criminal procedure governed by the 2011 Code ensures that trials are fair. The legis-
lative solutions which question the right to a fair trial are numerous. A defendant is not af-
forded a possibility to seek judicial relief against a decision of the prosecuting authority to
launch an investigation against them which is under an express provision contained in the
new code only the first stage in criminal proceedings, understood in the narrow sense of that
word, which is in direct contravention of Constitutional guarantees of the right to a fair trial,
namely that only the Court may decide “whether or not there existed reasonable suspicion
which provided grounds for initiating criminal proceedings”. By providing for a possibility of
conducting investigation against an unknown perpetrator, defendants right to participate in

criminal proceedings conducted against him has been denied, even though the said right is
a constituent element of the principle of a fair trial. It has not been provided that defendants
must have a professional defence attorney in cases involving criminal offences processed in
summary proceedings, which account for the great majority of criminal offences, and de-
fendants have thus been placed at a disadvantage in adversarial proceedings in relation to
public prosecutors when it comes to interpreting the rules of criminal law and presentation
of evidence, which is now exclusively in the hands of the parties. The ban prohibiting defen-
dants and defence attorneys from offering and presenting evidence after a specific stage in the
proceedings directly encroaches on the right to present a defence and runs contrary to the
presumption of innocence because it forces the defence to offer evidence at that stage in the
proceedings, instead of placing the burden of proof exclusively on the prosecutor. The pro
secution is favoured and the “equality of arms” is defeated as a fundamental factor of the fair
trial principle by restricting the principles of directness and adversariness in the code, which
was done when the same probative force was given to the statements of witnesses and expert
witnesses obtained by the prosecuting authorities in the course of an investigation as if they
were obtained during cross-examination.
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ROLE OF GUARDIANSHIP AUTHORITY IN
IMPLEMENTATION OF CORRECTIVE MEASURES
TO MINORS - RESPONSE TO CHALLENGES IN
FUNCTIONING OF MODERN FAMILY
Ljubinko Mitrovic, PhD
Ombudsman for Human Rights in Bosnia and Herzegovina
[email protected]
Jelena Kupresanin, MA
UNICEF Project Coordinator in the Ministry of Health and Social Welfare of the
Republic of Srpska
[email protected]
Abstract: In proceedings against juveniles in conflict with the law, role of the guardianship
authority is essential, and is reflected in the implementation of measures against
juveniles in criminal proceedings, in development and improvement of prevention
activities that contribute to preventing and combating social problems, as well as the
continuity of work with juvenile and family during and after the pronouncement of
certain criminal sanctions. Minors are often part of a system of social support in the
early age, which implies that the guardianship authority may affect the prevention of
risks that include families, which can later lead to socially unacceptable behavior. Area
of juvenile justice is a complex and especially sensitive considering age accompanied
by various changes, crisis and the impact of numerous internal and external factors.
The purpose of corrective measures is that with the protection and strengthening
of responsibility of juveniles ensures their re-integration into the community, and
develop into a healthy and mature personality. The guardianship authority is an
invaluable resource of society, and in the course of an corrective measure is present
in all phases that result in the social reintegration of minors. Bearing in mind the
current social context, family went through transition from traditional to modern,
and in this process the risks to the expansion of the unacceptable behavior of young
people automatically increased. Due to the rapid life tempo and everyday challenges
that modern families are faced with, its mechanisms are weakened and risk factors
increased. Support to juveniles and families in coping with life crises, and at the same
time strengthening the juvenile justice system is conditio sine qua non for creating a
favorable social climate and social prosperity.
Keywords: minors, family, guardianship authority, corrective measures, the judiciary.
INTRODUCTION
The family as the basic cell of society, in the present, characterized by stress and lack of
free time, is exposed to many risk factors that can disrupt its unity and balance. Narrowing
social networks, increasingly evident alienation, rapid changes of socio-economic status, di-
36 Ljubinko Mitrovic, Jelena Kupresanin
vorce, the influence of environmental factors, unemployment, weakening the boundaries of

the family system and resistance to change are just some of the reasons why the family as a
phenomenon and as a purpose, in a very short time period, can reach a high level of material
and spiritual vulnerability.
Children and juveniles are one of the most vulnerable categories of the population. When
it comes to this category, families are faced with constant challenges that may affect its func-
tioning, and change it completely. The most prominent challenge faced by families with mi-
nors are existence and strengthening of mechanisms to guide the behavior of a child, and the
preservation of family core. Children in conflict with the law need additional system support
to successfully overcame all life crisis and to go through life cycles. As an immediate “facilita-
tor” of the family, there is a center for social work, which is the backbone of family and legal
protection, and whose significance is essential for children and juveniles, particularly those
in conflict with the law.
The current situation in the field of juvenile delinquency should be considered from the
standpoint of existing solutions, the existing actors and the basic characteristics of the phe-
nomenon of violations of the law. Existing solutions are reflected in the current legislative
framework and practices that are carried out, while in the domain of actors are present legis-
lators, state institutions that implement the practice, educational institutions for staff working
in this area, government organizations dealing with the protection of human rights, local
authorities and non-governmental sector. Adjusting to the conditions of market economy,
accompanied by reforms in the rule of law, the reform of the social sector as well as the uneven
development of the civil sector, creates a situation in which the society can not provide ade-
quate care for children. On the other hand, the economic poverty of the population, changes
in the value system, with greater aspirations towards material values and a changed tradi-
tional role of the family increase the risk factors related to children’s health and their social
behavior. Juvenile crime is on the rise, while society’s response to this phenomenon, largely
rests on the remains of the model response from the previous period, with reduced resources
of institutions working with children in conflict with the law. The reform process in the justice
sector that brought changes in juvenile justice legislation and organization, are not yet tracked
by investing and adapting existing infrastructure to implement the legal solutions for juve-
niles who have come into conflict with the law. In addition, projects and initiatives by inter-
national and local organizations implemented in the field of juvenile justice, which are mostly
partial and relatively modest, did not result in substantial changes, neither in the approach to
this issue, neither in the prevailing practice of work with juveniles. There is a need to improve
the work in the field of juvenile delinquency, bringing it in as much as possible harmony with
international standards1 (UNICEF Bosnia and Herzegovina, 2014).
The issue of juvenile prevention is currently present in social discussions and the search
for solutions that are best suited for this problem. A large number of experts actively partici-
pate in the creation of guidelines and defining the role of the actors in this broad field. Today,
in most modern societies social welfare institutions are a key link in the organized and formal
systems of social reaction to the delinquency of children and minors. The most commonly
conceived role of modern system of social protection is dealing with the protection of the
interests of children and minors. Social welfare services start from the standpoint that the
criminality of children and minors is a manifestation of a disorders in their social develop-
ment and in meeting their social needs. From the institutions of social protection and social
work major role in the social response to juvenile crime has guardianship authority or center
for social work. All of the roles of this institution towards juvenile delinquency are of direct
or indirect preventive character. From the methodological point and content regard, the role
1 UNICEF Bosnia and Herzegovina (2014): Assessment of Juvenile Justice in Bosnia and Herzegovina.
ROLE OF GUARDIANSHIP AUTHORITY IN IMPLEMENTATION OF CORRECTIVE... 37
of the guardianship authority in the prevention can be labeled as the advisory instructive,
professional and methodological, initiative driving, organizational and coordinative.2
When it comes to attitudes and knowledge that the general population has towards the
field of juvenile justice, studies3 have shown that they are largely negative, and include stig-
matization and non acceptance of this category of children. Considering the fact that the
public is not sufficiently familiar with this area, new tendencies direct switching focus from
punishment to prevention of juvenile delinquency and their reintegration, as for long term
more quality and more desirable for society. It is necessary to explain to parents and other
stakeholders how system is operating, and how they can I get adequate information and to
whom they can turn if they feel that they need help in preventive action in risk behavior of
juveniles, as well as in cases where the contact with the law already occurred. Also, educations
of professionals and networking of institutions operating in this field is very important.
Assessment of Juvenile Justice in Bosnia and Herzegovina4, pointed out that the strategy
of juvenile offenses should be based on a realistic assessment of risks and the expected limits,
a careful analysis of the most urgent changes of the system and the relevant assessment of the
profitability of possible approaches and measures for resolving priority issues. The priority
should be support of the guardianship authorities in the development of capacities that will
enable them to fulfill their obligations in accordance with the law. Opening a larger number of
day care centers may affect on correction of existing gaps in secondary prevention, and legal
solutions should be constantly monitored and analyzed.
IMPORTANCE OF GUARDIANSHIP AUTHORITY

IN PREVENTING ANTISOCIAL BEHAVIOR OF MINORS
Law on Social Protection of the Republic of Srpska defines the centers for social work as
social welfare institutions established by local municipalities5. In the Republic of Srpska, in
accordance with the Law on Social Protection, social work center, as a social welfare institu-
tion, among others, exercises public authority for implementation of measures against juve-
niles in criminal proceedings, and develop and promote preventive activities that contribute
to preventing and combating social problems. It is evident that the role of the guardianship
authority is legally justified, and the question is to what extent it participates in essential pre-
vention and, whether it can carry out all its obligations with regard to the workload and the
number of areas in which it has a key role?
Vidanovic (2006) defines preventive social work as a practice aimed on preventing conflict
or unwanted behaviors and conditions. The goal is to empower people to avoid or overcome
the predictable and unexpected problems in their own lives. Preventive practice often in-
cludes educational activities and work in different spheres of social life, especially in those
with possible occurrences of life crisis, destruction and disorganization. Same author defines
primary prevention as well as actions taken to prevent the occurrence of conditions that result
in diseases or social problems. In social care, primary prevention includes activities related
to basic education and socialization of people and activities that provide clients with the new
pro-social opportunities.
2 Jugovic, A., Brkic, M. (2010). Social protection in the prevention of juvenile delinquency – Role of contra
verse and good practice. Social Policy and Social Work IV Part: Faculty of Political Sciences.
3 Custom Concept (2014) Survey of knowledge, attitudes and practices and formative research on justice
for children, Sarajevo.
4 UNICEF (2011). Assessment of Juvenile Justice in Bosnia and Herzegovina.
5 Law on Social Protection, Official Gazette of the Republic of Srpska, no. 37/12 and 90/16.
General provision of prevention of juvenile delinquency is defined as whole system of mu-

tually agreed measures and activities taken by the society and its organized parts who oppose
this phenomenon, its occurrence, repetition and its development into more serious forms.
Primary or basic prevention is a set of measures to prevent, disable and avert deviations in
the behavior of young people. Such a goal of primary prevention is achieved by measures
to eliminate or reduce to the smallest possible measure of social and other objective factors
which facilitate or cause other forms of criminality and violation behavior of young people.
In that aim, the society should be more concerned with young people, providing them quality
requirements, space and opportunities for sports, music, entertainment, recreation and ra-
tional use of free time through engaging content. Primary prevention thus becomes the most
profitable investment because it gives lasting results. Secondary prevention is a set of specific
criminal law and out criminal law measures and activities. The police, prosecution and courts
for juveniles carry out the established practice of criminal law measures, which in any case
are repressive measures. However, parents, schools and society in general must take constant
care, educational work and implement prevention from an early age, because practice and
experience shows that early detection and diagnosis of disorders and organized application
of measures of enhanced pedagogical care and social welfare give good results in combating
and the prevention of juvenile delinquency. In the prevention and organized fight against all
forms of deviation, antisocial and delinquent behavior among young people it is necessary to
include all institutions and organizations to work youth and be a role model for them. Only a
healthy environment can form and educate young people. Juvenile crime is a particular social
and educational problem, and if preventive and corrective measures are not taken timely,
juveniles will become real criminals.6
Regardless of a fact is a juvenile criminally responsible or not, each discovered criminal
offense leads that society, through its institutions and agencies, seeks to protect juvenile of-
fenders and with increased educational methods to affect on preventing behavior like that in
future, and to grow up in person which will obey the law and be successful. It is often not easy,
and it happens that minors, despite all efforts, due to the large number of negative experiences
that they experienced in their family, school and peer group does not believe they can fix it
and that there is no way to have a better future. Therefore, it is always better that society helps
minors before they commit a crime, and that, with the help of members of their families,
protects their rights from birth. This is, in fact, the best response and the best prevention of
juvenile delinquency, and so it is very important to prevent the consequences that go along
with socially unacceptable behavior7. Therefore, the center for social work as guardianship
authority should provide resources, technical and financial, so that the prevention of juvenile
delinquency in society is recognized as a priority.
The prevention of juvenile delinquency is an essential part of crime prevention in society.
It includes all measures that reduce or otherwise contribute to the quantitative and qualitative
reduction of delinquency and insecurity among citizens, either through directly deterring
criminal activities or through policies and interventions designed to reduce the potential
for crime and the causes of crime. It includes work of government, local authorities, judicial
bodies, associations of experts and individuals, scientists, NGOs, and the public supported
with media etc. Prevention means intervention. Act preventively means intervention on some
specific way with all available resources and measures aimed at preventing the occurrence of
crime in general in relation to the offender - executor, the victim, the circumstances and the
law. The importance of prevention is also determined with international documents - Riyadh
6 Selman, Mitrovic, Uletilovic, Mirkonj and Sain (2012): Juveniles in criminal proceedings with book of
regulations in the field of juvenile justice. The Ministry of Justice of the Republic of Srpska.
7 Save the Children UK, Sarajevo (2005): A Guide to the activities of prevention of juvenile delinquency on
the school formal classes - Project of prevention of juvenile delinquency.
Guidelines which are integral document with an emphasis on the prevention of juvenile de-
linquency, which encourages healthy development of children in society, reducing the num-
ber of children who have a big chance of becoming juvenile offenders.8
Successful prevention of juvenile delinquency requires efforts of the whole society in order
to ensure harmonious development of adolescents, with respect for and promotion of their
personality from early childhood. What is very important is the professional and responsible
media reporting which implies the use of terminology that not in any way stigmatize the
minor suspects, accused or convicted of executing criminal delict (crime or serious offense).
Using discriminatory and pejorative labels like “thief, rustler, robber, burglar, vandal, murder-
er, attacker,” and the term “delinquent”, not only indicates a tendency toward sensationalism,
but can detrimentally affect the personality and identity of the stigmatized person. Stigma
or negative marking and devaluation of minors, often favors the strengthening of delinquent
behavior.9
Because of the lack of by-laws governing the imposition and the implementation of cer-
tain measures and the absence of institutions that are intended for the implementation of
specific corrective measures, the authorities should issue and enforce measures that are avail-
able to them, regardless of the assessment of whether the expected results in relation to the
offense committed. This primarily refers to the measure of increased supervision, which, as
an alternative, is imposed when there is the impossibility of imposing other corrective mea-
sures. Generally speaking, the biggest problem is the lack of institutions to carry out so-called
institutional correctional measures, as in the Republic of Srpska territory, and also on local
level. It is noticeable the increase in the number of perpetrators who are under 14 years of age
and who are criminally irresponsible what means by which they cannot impose sanctions.
Recidivists make up slightly more than 20% of the total number of juvenile offenders. They
represent the category on which corrective measures currently were imposed but had no ef-
fect. The problem is insufficiently planned and carried out preventive activities, which could
significantly reduce the number of children with antisocial behavior. Practice shows that work
with children and minors starts when they commit a crime, and that until then they go un-
noticed in the social environment in which they grow up. Problems that occur in the school
environment or behavioral outbursts in narrower social group are rarely reported or are seen
as a transitory phase.10
SOCIAL EXPOSURE OF CHILDREN

IN CONFLICT WITH THE LAW
Faced with prejudices of surrounding, minors in conflict with the law may form a de-
linquent identity. As it comes to people in a sensitive period of development, susceptible to
environmental influences, the stigmatization of minors by the media, and then of the entire
society, influence the formation of their self-esteem and self-image. Marking of minors as
“problematic” and prematurely drawing conclusions about their guilt, can lead to isolation
by the environment, withdrawal, development of depression and anxiety. Minors can even-
tually adopt the estimates of others about themselves, and begin to act in accordance with
the identity of “the offender”, attributed to them. Marking juveniles in conflict with the law
makes their rehabilitation harder, also social integration and active participation in society,
chances for employment, education and starting their own families are reduced. This creates
8 United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines).
9 Heatherton T. F., Kleck R. E., Hebl M. R., Hull Jay. G. (2000). The Social Psychology of Stigma
10 Report of the Center for Social Work Bijeljina, 2015.
a magical circle from which a way out is not offered to the minors. The use of appropriate
terminology by the media is also important for educating the public in order to break the
circle of stigma and substantiating risk and delinquent behavior. In the interest of any society
is to have stimulating effect on minors to improve their behavior and the possibility of rein-
tegration and reduce the risk of relapse, or return of delinquent behavior. Only with the help
of community and cooperation between institutions, juvenile offenders may become healthy
and active members of society. Reporting on juvenile delinquency should contribute to the
understanding of the problem and not intimidating to the public. Media rarely speak about
the causes of delinquency and risky behavior that precedes it. Rather than point to the risk
factors and protective factors, the media are more prone to reporting on “deviance” of minors,
as if it comes to people who are “naturally” predisposed to commit criminal acts. Deviation is
sociological concept which indicates a deviation from the social norms, values and accepted
models of behavior in a social community.11
Labeling a person as “deviant” is the first step of social control. Deviation from the ex-
pected social behavior is an integral part of growing up and should not encounter moral con-
demnation. Conformity, uniformity and passive submission to norms that society defined as
“correct”, “healthy” and “moral” does not encourage innovation and creative thinking, and it
certainly can not be considered to be the values that
the media should promote and stimulate.
The causes of juvenile delinquency are very complex, and reporting on this issue should not
be reduced to a simplified explanation and search of causes in personality of perpetrators.12
Preventive actions are the key to success in working with children and minors, so that
early recognition and use of all available resources are the most important in re-socialization.
Advisory work with children at risk and their families is one of the fundamental rights guar-
anteed by the Law on Social Protection of the Republic of Srpska. The problems of modern
families and their minor children are very complex and require a systematic approach to
work, expertise and education of professional staff at a much higher level than before. Often,
due to the workload of jobs, lack of time and with reduced resources and capacities, institu-
tions neglect preventive work with children and families in crisis, and do not include juveniles
in treatments that are available. Interdisciplinary work and greater cooperation between the
institutions are also important in the process of working with children and juveniles with
behavioral problems. First of all, importance should be given the to the cooperation with
schools, which are able to detect problems on early stage.13
GUARDIANSHIP AUTHORITY
IN PROCEEDINGS AGAINST MINORS
The guardianship authority in domestic positive legislation is specific subject of criminal
proceedings against juvenile offenders, which does not have the status of party in criminal
proceedings, but has significant authority and process capabilities. The guardianship authori-
ty with its active participation gives full contribution to making quality solutions, completion
of legal proceedings against a minor and is the organ that assists the court in the decision
making.14
11 Haralambos M., Heald R. (1980). Sociology: Themes and Perspectives, University Tutorial Press.
12 Media responsibility for the prevention of juvenile delinquency – Book of text, Media Center,
Sarajevo, 2004.
13 ibidem
14 Simovic, M.N, Jovasevic, D., Mitrovic, Lj. Simovic, M. M (2013). Juvenile criminal law. Faculty of Law
University of East Sarajevo.
The legislation of the Republic of Srpska, Article 32 of the Law on protection and treatment
of children and minors in criminal proceedings15 provides three types of corrective measures,
namely: measures of warning and guidance (court reprimand, special obligations and referral
to a reformatory educational center), measures of intensified supervision (intensive supervi-
sion by parents, adoptive parents or guardians, enhanced control in other family and enhanced
surveillance by guardianship authority) and institutional measures (reference to an educational
institution, a reference in a correctional facility, and to a special facility for treatment).
When it comes to the implementation of corrective measures, role of the guardianship
authority is reflected in the following:
1. In regard of specific obligations, the court may request the report and the opinion of
the guardianship authority (Article 35, paragraph 6).
2. In imposing the measure of increased supervision by parents, adoptive parent or
guardian, the court determined that the competent guardianship body is checking its
enforcement and supports parents, adoptive parents or guardians. When the guardianship
authority responsible for the implementation of these measures finds that parent, adoptive
parent or guardian is not acting in accordance with special instructions and do not co-operate
with an expert, he must notify the Prosecutor (Article 37, para. 3 and 5).
3. Verification of implementing measures of intensive supervision in another family is
the responsibility of the guardianship authority which points out necessary assistance to the
family in which the minor is located. In the case when a family where the juvenile is placed
is not acting upon specific instructions and fails to cooperate with experts, the guardianship
authority must notify the Prosecutor (Article 38 par. 3 and 4).
4. If the parents, adoptive parents or guardians of minors are not able to carry out enhanced
surveillance, and there are no conditions for the imposition of an corrective measure of intensive
supervision in another family, the juvenile shall be placed under enhanced supervision of the
guardianship authority. In this case, the juvenile remains with the people who take care of them,
and intensified supervision over him shall be implemented through a competent representative
from guardianship authority or other qualified person designated by the guardianship
authority. The guardianship authority is taking care of the juvenile’s studies, his employment,
his detachment from the environment which is affecting him in a harmful way, his necessary
medical treatment and the improvement of living (Article 39).
5. Record on corrective measures is imposed by the competent guardianship authority
on the basis of regulations issued by the ministry in charge of social protection. These data
can be given only to the prosecution, court, police forces and authorities of guardianship in
connection with criminal proceedings conducted against a person who was pronounced a
corrective measure. This information may not be used in a manner that would be harmful to
the rehabilitation of person against whom criminal proceedings were conducted (Article 49).
Instruction on keeping records on ordered corrective measures16, provides that records
of corrective measures imposed on minors for criminal offenses and young adults when
they were sentenced to correctional measures, is led by guardianship authority competent
15 Law on Protection and Treatment of Children and Juveniles in the Criminal Procedure Code, Official
Gazette of the Republic of Srpska, no. 13/10 and 61/13 has been in force since 1 January 2011, and the
amendments that have occurred three years later were related, inter alia, to the harmonization of the
provisions of the Act with the provisions of the new Criminal Code of the Republic of Srpska, Official
Gazette of Republic of Srpska, no. 49/03, 108/04, 37/06, 70/06, 73/10, 1/12 and 67/13.
16 Instructions on how to keep records on ordered corrective measures, Official Gazette of the Republic
of Srpska, No. 66/12, issued in accordance with the Law on Protection and Treatment of Children and
Juveniles in the Criminal Procedure Code, Official Gazette of the Republic of Srpska, no. 13/10 and
61/13 and the Law on Republic Administration, Official Gazette of the Republic of Srpska, no. 118/08,
11/09, 74/10 and 24/12.
by place of residence or temporary residence of the minor. The records include data on the
pronounced corrective measure, details of subsequent changes to corrective measures, infor-
mation on completed corrective measure (start of execution, location, disposal, cease, parole,
revocation of parole, suspension of enforcement of corrective measures, continuation of the
execution of the corrective measure, substitute with another measure, benefits, disciplinary
offenses and disciplinary measures) and data on the treatment of guardianship authority. Re-
cords are kept in the book of records of imposed corrective measures, which includes all the
scriptures on which data is written in the records. Data on imposed corrective measures are
deleted from the register after the expiry of three years from the day when the execution of
corrective measures finished, and in any case when person turns 23 years of age.The removal
of data from the records shall be made in official note.
6. In measures regarding minors, guardianship authority has the right to get acquainted
with all facts and circumstances during the process, and also to give suggestions and indicate
on the facts and evidences of importance to make the right decision. The Prosecutor shall
inform the competent authority of each proceeding instituted against a minor, and the
prosecution and the courts inform guardianship authority when in criminal proceedings
established facts and circumstances indicate a need to take measures to protect the rights and
welfare of minors (Article 81).
7. The importance of social anamnesis, as the most important instrument of social
workers, in particular is indicated in Article 87 of the Law. Before launching the preparatory
proceedings for an offense that a juvenile is charged, the prosecutor is required to obtain data
from the competent court concerning the age, maturity and other personality characteristics
of juveniles, the environment and conditions in which they live in order to decide whether
to specific case, they will act by applying the principle of opportunity, stop the procedure or
access the process of applying the corrective recommendations or will issue an order to start
the preparatory procedure.
Quality social anamnesis includes listed and explained in detail the basic information
about the minor and his family, living circumstances, socio-economic status, family structure,
social network of minors and the proposal of measures and activities. Data presented in the
social anamnesis must be realistic and objective, because they influence the course of the
process in proceedings against juveniles.
8. If during the preparatory proceedings the prosecutor needs other data regarding
minors, their behavior and the circumstances in which they live, they obtain the opinion
of the guardianship authority if the minor was sentenced to correctional measures (Article
92). The prosecutor also may allow the representative of guardianship authority to be present
during preparatory proceeding and to give suggestions and ask questions to the person who
is being examined (Article 93).
9. Guardianship authority is responsible for the execution of corrective measures (Article
133). Qualified person entrusted with the execution of corrective measures constitutes a work
program with a minor in accordance with the instructions of the competent court and the
guardianship authority (Article 147).
10. When it comes to the acting of the guardianship authority, under the provisions of
Article 180 of the Law, the expert team of the center for social work who works with juveniles
in conflict with the law in this regard is in constant contact with the institution in which the
minor is located, as with the professionals in institutions, and also with juveniles in providing
support in different ways. Contacts take place by telephone with the professionals, but also
a field visit to the institution. When making a decision on release of juveniles on a weekend
or a few days, professional team together with the expert team of the guardianship authority
go to visit family, and then jointly assess the possibility that the juvenile spends some time at
home, and the willingness of the family to accept him (every family has different dynamics
and in many cases, the dysfunction is present). When releasing the juvenile on a weekend or
longer, they are in communication with guardianship authority which gives them adequate
preparation and support. Also, depending on the needs (one-time assistance, counseling, etc.),
the guardianship authority provides support to the family while the minor in an institution.
Considering the fact that the guardianship authority is in constant contact with the institution
in which the minor is located, it has a continuous information on the course and stay of
minors, and receives written reports on the conduct and results achieved.
11. The provision of Article 181 of the Law concerns the notification of the guardianship
authority and its duty to provide assistance after the execution of juvenile criminal sanctions.
The guardianship authority gets information about the juvenile from the institution in which
the minor is located, but also during the hearings on the court because guardianship authority
representative is present at the hearing when institutional measure is suspended, and he gives
his opinion on the above, and before that prepare and inform the family on a possible end
of institutional measure. Based on the foregoing, it is evident that the family, guardianship
authority and institutions share the necessary information. After the execution of criminal
sanctions, guardianship authority often assist a minor in accordance with their capabilities.
Often such families are usually users of different services on other bases, and are in constant
contact with them, but more concrete and long-term assistance in the form of finding a job or
support in this regard is often not possible.
12. Given the fact that most juveniles become adults at the time when they leave the
institution, guardianship authorities often do not have the opportunity to work with juveniles
who have no parental care, and who carry out some of the institutional measures. Assistance
in education and treatment depends on their motivation and help in food, clothes and finance
is often possible to provide. Help in employment is not easy, the guardianship authority
may participate as someone who will make a recommendation for employment, which is
often very difficult because the environment and the views of others are stigmatizing and
labeling, and the same generally do not have adequate education, nor interest in, and often
no motivation for employment. In this context, innovation in the development of specific
programs or projects to improve employment conditions is of great importance. Often these
families have low social-economic status and dysfunctional relationships significantly, and
they constantly deal with it, for example because of other children in the family, poverty, some
of them are users of financial assistance or the right to assistance and care of another person,
alcoholism is often present or other social and other pathologies.
Finally, the role of the guardianship authority in proceedings against juveniles in conflict with
law is unique, inspiring, focused on the best interests of the minor, empowering families and
strengthening the system mechanisms for most appropriate overcoming of social anomalies.
CONCLUSION
The role of the guardianship authority should be of great importance for the prevention of
the juvenile delinquency, due to the fact that juvenile offenders are often part of a system of
social support at an early age. This implies that the importance of the guardianship authority
is essential, because it detects risks in families which can can later result in socially unaccept-
able behavior.
Children and juveniles in conflict with the law should and have the right to proper care,
protection and the opportunity for social reintegration - rights on which criminal justice
system for minors should be constituted. Improvement has been achieved and the growing
importance of providing mediation in the social security system, especially in relation to juve-
niles in criminal proceedings. Centers for social work are the focus of the public because they
are busy dealing with the consequences of certain social problems and less time are allocated
for prevention activities. A positive trend is the organization of large number of scientific
meetings where experts exchange experiences and contribute to improving the general social
situation, pointing out the importance of the problematic aspects of the individuals, groups,
and society as a whole. Research should go toward relief of centers for social work, providing
resources and professional staff, public information and improving the general social climate,
because healthy society and environment encourage children and young people to be aware,
conscientious and responsible for their own actions.
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with Book of regulations in the field of juvenile justice. The Ministry of Justice of the Re-
public of Srpska.
6. Simovic, M.N, Jovasevic, D., Mitrovic, Lj., Simovic M, M. (2013). Juvenile criminal law.
Faculty of Law University of East Sarajevo.
7. Vidanovic, I. (2006): Dictionary of Social Work, copyright edition, Belgrade.
The laws, regulations and international documents:
8. The Law on Social Protection, Official Gazette of the Republic of Srpska, no. 37/12 and 90/16.
9. Law on Protection and Treatment of Children and Juveniles in the Criminal Procedure
Code, Official Gazette of the Republic of Srpska, no. 13/10 and 61/13.
10. Instructions on how to keep records on ordered corrective measures, Official Gazette of
the Republic of Srpska, No. 66/12.
11. United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines).
Reports:
12. Custom Concept (2014). The survey of knowledge, attitudes and practices and formative
13. research on justice for children, Sarajevo.
14. Report of the Center for Social Work Bijeljina, 2015.
15. The responsibility of the media for the prevention of juvenile delinquency- Book copy-
right texts, Media Center, Sarajevo, 2004.
16. Save the Children UK, Sarajevo (2005): A Guide to the activities of prevention of juvenile
delinquency on the formal classes- Project of prevention of juvenile delinquency.
17. UNICEF Bosnia and Herzegovina (2014): Assessment of Juvenile Justice in Bosnia and
Herzegovina.
CONTEMPORANEITY OF THE LEARNING OF
ENRICO ALTAVILLA1
Miomira Kostić2
University of Niš, Faculty of Law
Abstract: The positivist approach to the study of criminal offenders, as key participants
in the criminal justice system, influenced the development of specific scientific
disciplines dealing with psychological observation of the offender’s personality. These
subject-specific scientific disciplines are: criminal psychology or psychological theories
of crime; forensic psychology, or the psychology of crime and trial proceedings; prison
psychology; and legal psychology. Forensic psychology is the study of the criminal
offender’s behaviour, considering the offender’s specific role in criminal procedure,
i.e. the role of the defendant. This paper examines the behaviour of other participants
in criminal proceedings: the injured party/victim, witnesses, the prosecutor, the
defense counsel, judges. One of the most complete studies in this field of science is
Enrico Altavilla’s book Forensic Psychology (1955), which presented the theoretical and
practical knowledge in this branch of psychology. The contemporary development of
criminology, particularly the development of criminal psychology, calls for revisiting
the past and exploring the origins and genesis of criminology. In particular, this
paper focuses on the contribution of Italian criminologists to the initial research on
the endogenous factors in the genesis of criminal behavior of individuals. In order
to successfully apply the envisaged criminal legislation, which is ultimately aimed at
counteracting criminal behavior, there is a need for specialized scientific knowledge
and a multi-disciplinary approach to this issue, not only from the aspect of law but
also from the perspective of anthropology, psychology, forensic medicine, psychiatry
and sociology. The process of reforming the criminal justice system does not include
only nomotechical rules. It also includes the development of a special awareness of
the processes and significant events in the course of criminal proceedings. Such a
reform cannot be effectively implemented without being aware of the postulates of
criminological sciences, especially concerning the implementation of the positivist
method.
Keywords: forensic psychology, criminology, positivism, Altavilla.
INTRODUCTION
The starting point in criminological literature are the standard topics and issues pertain-
ing to the basic postulates of criminology as an independent science, such as: the subject
matter of study, criminological methods, the ideological foundations for interpreting the re-
1 This paper is a result of scientific research conducted within the project “Protection of Human and
Minority Rights in the European Legal Area” (No 179046), supported by the Ministry of Education,
Science and Technological Development of the Republic of Serbia.
2 Corresponding author: Prof. Miomira Kostić, [email protected]
46 Miomira Kostić
sults obtained by empirical research, or collecting and classifying the findings on the basis of
academic criminology, and the current principles of digital humanism.
From the very beginning of theoretical study of crime, which was not confined only to
criminal law conceptions, there was considerable multiplicity and ambiguity in understand-
ing the concept of crime and criminality in general, its origin and causes for the occurrence.
Criminological issues were first explored by experts of various other sciences: psychologists,
biologists, doctors, anthropologists, sociologists, who used the knowledge from their respec-
tive sciences and scientific disciplines as a source for interpreting and explaining various facts
observed in the course of examining a criminal phenomenon or criminal offenders.
The study of criminology, just as the study of any other social science or scientific dis-
cipline, implies a clear, precise definition of the subject matter and purpose of theoretical
and empirical research, as well as the application of adequate methodological procedures,
aimed at determining the subject matter of study. Various issues from the field of sociology,
criminology, penology, and victimology (etc.) are covered by some of the leading ideas in the
Western intellectual tradition, primarily concerning the nature of scientific knowledge and
the related scientific methodology. In science, there is a constant need to clearly depict the
history of development of human thought and the ongoing prolific human research, which
ultimately makes it difficult to consider the results of one’s scientific thought and knowledge
to be definitively “the first stepping stone, the founding idea in intellectual history.”3
However, in the social sciences, such as sociology and criminology, dealing with interre-
lated and frequently “intertwined” phenomena, there are other criteria that “justify the es-
tablishment of separate and independent scientific discipline,4 irrespective of the similarity
of the subject matter of study and the application of identical scientific methods. This kind
of demarcation, accompanied by justification for establishing an independent scientific disci-
pline, may certainly be observed between the epistemological and the methodological points
of view in a specific scientific field.5
Back in 1964, while translating the original French version of Jean Pinatel’s “tiny” “Crimi-
nology” into Serbian, dr Dragoljub Dimitrijević rightly noted that “on a wider scale, crime and
the fight against crime cannot be observed and resolved by applying the methods of natural
sciences and medical treatment, nor by means of descriptive sociology alone.”6
Pinatel remarks that the founders of criminology are: Cesare Lombroso (1836-1909), a
military doctor, whose work Criminal Man (1876) is considered to be the cornerstone of
criminal anthropology and criminology in general; Enrico Ferri (1856-1929), who wrote
Criminal Sociology, which was published in 1881 under the title New Vistas of Criminal Law;
and Raffaele Garrofalo (1851-1934), who textbook on Criminology was published in 1885.
In this regard, Pinatel notes that the development of criminology was clearly evidenced by
the International Congress of Criminal Anthropology, first held in Rome (1885) and then in
Paris (1889), Brussels (1892), Geneva (1896), Amsterdam (1901), Turin (1906) and Cologne
(1913).7
3 See: David Oldroyd, The Arch of Knowledge, 1986, p. 1, http://books.google.com/books?, Accessed:

17.10.2011.
4 Ibidem
5 See more: Đurić, M. (1962). Problemi sociološkog metoda (Problems in the Sociological Method).
Beograd: Savremena škola, p. 32.
6 The epistemological standpoint entails determining the constituent principles of scientific activity,
i.e. what science is striving to achieve, whereas the methodological standpoint refers to how and in
what ways “a scientist really adapts his behavior to the ideal requirements of activities in which he
participates.” Dimitrijević, D. (1964). „Predgovor“ (Preface). (pp.3-5). In: Pinatel, J. (1964). Kriminologija
(Criminology). Sarajevo: Zavod za izdavanje udžbenika, p. 4.
7 Pinatel, J. (1964). Kriminologija (Criminology). Sarajevo: Zavod za izdavanje udžbenika, p. 7.
CONTEMPORANEITY OF THE LEARNING OF ENRICO ALTAVILLA 47
This conception corresponds with Pinatel’s explanation given in 1960, in respect of Amer-
ican criminology. Pinatel pointed to the assimilation of criminology and penology in the
USA, based upon the model taken from the 19th century French school of thought. Thus,
criminology includes two major parts: criminal etiology and criminal penology. Every crime
prevention program includes knowledge of the basic elements, forms and factors contribut-
ing to the commission of crime; in order to determine the relevant methods of treatment of
criminal offenders, it is essential to find out more about the dominant characteristics of one’s
personality, its structure and development.8
Criminology does not entail simply a sum of the established facts that have quantitative
significance. In fact, the established facts are placed in the context of a specific legal sys-
tem and they are subject to scientific analysis by applying a range of methods: analytical and
synthetic method, inductive and deductive method, as well as materialistic, historical and
dialectical method. That type of study of facts, in the context of specific genesis of social
phenomena, is the essence/ core of scientific knowledge. However, empirical monitoring and
recording of phenomena is not an end in itself. Such a procedure does not end at the level of
describing the facts, without previously developed theoretical concept, whose basic postulates
serve as guidelines for interpretation and verification of theoretical assumptions, in an effort
to discover the principles governing the studied phenomenon.9
FORENSIC PSYCHOLOGY OF ENRICO ALTAVILA

The dilemma, posed by the question what is more significant in terms of obtaining scien-
tific results: the use of qualitative or quantitative research of a criminal phenomenon, prac-
tically goes beyond the need to clarify and present valid arguments, given that the response
does not stem from the dilemma itself but rather rests on what has been stipulated as the
subject matter of criminological research, as well as how and at what level (macro or micro)
a criminal phenomenon will be observed. The path and method of obtaining knowledge is
important both for Criminology (as an independent science) and for criminal justice practice.
The value, appropriacy and necessity of using qualitative methods may be subject to discus-
sion. Due to their unique contribution to the depth of understanding the phenomenon, as
the primary objective which can be provided by using qualitative methods, criminologists
discuss the frequency of using these methods; moreover, if a research is conducted according
to these rules, they examine how and in what way it can contribute to creating criminological
knowledge and developing the criminal justice practice.
The contemporary development of criminology, particularly the development of crimi-
nal psychology, necessarily points to the need to revisit the past and explore the origins and
genesis of criminology. In particular, it is essential to focus on the contribution of Italian
criminologist, who studied the endogenous factors in the genesis of individual criminal be-
haviour. In order to successfully apply the envisaged criminal legislation, which is ultimately
aimed at combating criminal behavior, there is a need for specialized scientific knowledge and
a multi-disciplinary approach to this issue, not only from the aspect of law but also from the
perspective of anthropology, psychology, forensic medicine, psychiatry and sociology. The
process of reforming the criminal justice system does not include only nomotechnical rules
but also the development of a special awareness of the processes and significant events in the
course of criminal proceedings. Such a reform cannot be effectively implemented without
being aware of the postulates of criminological sciences, especially concerning the implemen-
tation of the positivist method.
8 Pinatel, J., op. cit. p. 16.
9 Aranudovski, Lj. Kriminologija (Criminology). (2007). Štip: 2-ri Avgust S, p. 104-105.
48 Miomira Kostić
The positivist approach to the study of criminal offenders, as key participants in the crim-
inal justice system, influenced the development of specific scientific disciplines dealing with
psychological observation of the offender’s personality. These subject-specific scientific dis-
ciplines are: criminal psychology or psychological theories of crime, judicial psychology or the
psychology of crime and criminal trial proceedings, prison psychology, and legal psychology.
Judicial psychology is the study of the criminal offender’s behaviour, with reference to the of-
fender’s specific role in criminal procedure, i.e. the role of the defendant. Yet, special attention
is also given to the conduct of other participants in criminal proceedings: the injured party/
victim, witnesses, the prosecutor, the defense counsel, and the judge.
One of the most complete studies in this field of science is Enrico Altavilla’s book Judicial
Psychology (1955), which presented the theoretical and practical knowledge in this branch
of psychology. 10 The book is divided into two volumes, and each volume includes two parts.
Volume 1 is titled: “The Psychological Process and Judicial Truth.” In the Serbian translation
of this book, the two parts of Volume 1 cover a total of 585 pages (single pages typed on a
typewriter). Volume 1 starts with Introduction to the fourth edition. It is interesting that Allta-
vila wrote about the new editions of his book; thus, in addition to previously mentioned lan-
guages, the book was also translated into Spanish and published by De Palma, Buenos Aires.
The peculiarity of this fourth edition is the Preface, reprinted from the first edition which
was written at Altavilla’s request by Enrico Ferri in Rome, in April 1925 (who was acclaimed
as “the famous sociologist, lawyer, reformer of criminal law”) and Gennaro Marciano in
Naples, in 1928 (who was praised as “the greatest lawyer that Italy has had for the last fifty
years”)11. Altavilla notes: “This book is a result of lessons learned from exploring their work,
as well as a result of previous scientific research and practical applications; thus, my scientific
background, psychological training and my experience as a lawyer made the laboratory re-
search useful in the halls of justice.”12
10 The original title of this book is Psicologia giudiziaria, Torrino 1955 (Psicologia giudiziaria, UTET,
Torino 1925 (II ed. Accresciuta 1927, con Prefazione di E. Ferri e app. A parte, rist. III ed. 1949 rifatta
in 2 voll. nel 1955). It was first published in 1925 in Turin, and the 4th edition of the book was last
published by the same publisher in Italy in 1955, when it was translated into Serbian; the text of this
first Serbian translation was typed on a typewriter (in single-sided format). The 4th edition of this book
was also translated into French in 1959. The German translation was published in Cologne and Graz
was published between 1955-1961, including all four parts of the book: Vol. I (parts. 1 and 2) and Vol.
II (parts 1 and 2). It was translated into Portuguese and published in Brazil between 1957 and 1960, and
reissued in 2003. The Swedish translation was published in the 1954 edition of Natur Kultur, Stockholm.
Obviously, this book was a focal point of interest in the 1950s when all these translations were done.
Owing to Yugoslav political prisoners, the Serbian translation of this book was available in Yugoslavia
at the same time as in Europe. A rare copy of the first Serbian translation (typed on a typerwriter) is
a valuable item in the Library Collection of the Law Faculty, University of Niš. For the purpose of this
research, the data were collected and systematized by Vesna Stojanović, the Library Manager, Faculty of
Law, University of Niš, on 13 March 2017.
11 Altavilla, E. (1955). Sudska psihologija (Judicial Psychology). I Tom. Prvi deo. Psihološki proces i
sudska istina. Torino: Tipografski savez. Torinsko izdavačko preduzeće. (daktilografisani prevod
na srpski jezik). str. 4. (Volume 1 Part 1. Psychological Process and Judicial Truth. Torino; Serbian
translation tuped on a typewriter).
12 Elaborating on his own life, Altavilla further writes: “The fluttering sensation of a long life filled with
desire to be a criminologist, a jurist and a lawyer specializing in criminal matters, all at the same time,
enable him to correlate law, psychology and criminology, both in theory and in practice. The unique
success of this book may be attributed to the rigorous scientific consideration and debate supported
by ample casuistic documents. I hope that this edition will enjoy an equal struck of good luck as the
previous editions, and that it will contribute to the promotion of Italian science in other countries; for,
the great Italian scholars are not the Hercules pillars of Italian science, as it may seem to foreigners of
limited insight, because their students take their own paths, frequently outpacing the scientists who do
not know our work.” Ibid.
In his preface, Ferri points out that the positivist study of criminals led to the develop-
ment of the four scientific fields: criminal psychology, judicial psychology, prison psychology,
and legal psychology.13 In Ferri’s opinion, criminal psychology explores the criminal offender
as “the author of crime”. Judicial psychology studies the offender’s conduct when he/she is
charged with a crime. Prison psychology studies the offender’s behaviour after being convicted
and while serving a sentence of imprisonment. Legal psychology “coordinates the psycholog-
ical and psychopathological concepts that are necessary for the implementation of the appli-
cable criminal legislation on specific requirements (such as mental capacity) pertaining to a
juvenile, mentally impaired, deaf or mute person, or a drunkard, as well some aggravating cir-
cumstances (premeditation, malice aforethought, etc.) or some mitigating circumstances (ir-
resistible impulse, provocation, anger, intensity of sustained pain, crimes of passion)”.14 Ferri
also notes that forensic psychology involves the study of the criminal offender as a defendant
in criminal proceedings, as well as the study of behavior of other participants in the proce-
dure: the injured party/victim, the one who reported the crime, witnesses, the prosecutor, the
defense counsel, and the judge.
In his preface, Enrico Marciano was equally inspired to share his thoughts on
the subject matter. After noting that “the soul is the key to the universe, “ Marciano
asserted: “The study of the soul in its multi-faceted manifestations, in its shortcom-
ings and in its abundance, in its up and downs (depressions), in its aspirations and
its variability, supplemented by the study of multiple and innumerable factors that
determine its vibration, constitutes the most important and most productive con-
tribution to court life and the key to the judiciary, the supreme goal of which is to
establish the truth despite the inevitable uncertainty of events and traps set up by
parties concerned, and to punish the convicted offender by ensuring that the penalty
is proportionate to the crime and danger that criminals pose to society, through the
storm of human passions.”15
Volume 1, Part 1, is divided into seven chapters: The Psychological Process in its normality;
Age and Sex; Emotions and Passions; Individual Differences; Behavior; Disorders of Mental Pro-
cesses; and Mentally Impaired and Mental Disabilities.
Volume 1, Part 2, includes five chapters: Mental Illnesses; Faking Mental Illnesses; Psycho-
logical Interpretation of Documents; Establishing identity of persons and identifying objects; and
Truth-finding Methods.
Volume 2 is titled The Participants in Criminal Procedure. In the Serbian translation, the
two parts of Volume 2 cover a total of 788 pages (single pages typed on a typewriter).
Volume 2, Part 1, is divided into three chapters: The Defendant; The Injured Party (Victim)
and the Prosecutor; and Witnesses.
Volume 2, Part 2, is divided into six chapters: Confrontation; The Expert Witness and the
Interpreter; The Advocate; The Public Prosecutor; The Judge; Psychological Profiles and Criminal
Procedure Law.
It may be interesting to compare the more contemporary material from the field of forensic
psychology, written by domestic criminologists, with some of the elements listed in Altavilla’s
understanding this science. In his book The Psychology of Crime and Trial (1988)16, Aćimović
sudska istina. Predgovor Enrico Ferri. op. cit., p. 6.
14 Ibid.
sudska istina. Predgovor Enrico Marciano. Op. cit., p. 9.
16 Aćimović, M. (1988). Psihologija zločina i sudjenja (Sudska psihologija) (Psychology of Crime and Trial
– Judicial psychology). Beograd: Savremena administracija.
50 Miomira Kostić
cites several conceptions while explaining the subject matter of forensic psychology. In his
opinion, the broad concept of forensic psychology includes the same conception on the subject
matter of judicial psychology as the one provided by Altavilla in his two-volume study. Refer-
ring to the opinion presented by Ferri in the preface of Alltavila’s book, Aćimović notes that the
subject matter of this science includes all those “psychic events that should be known for the
prupose of successful performance of judicial activities”.17 Aćimović also cites a similar opinion
on the subject of judicial psychology which was advocated by D. Jevtić. In his book Judicial
Psychopathology (1960),18 Jevtić defined psychology as “the science of normal soul (psyche)
and normal mental (psychological) phenomena,” whereas he defined psychopathology as “the
science of abnormal psyche and the abnormal psychological phenomena”. Jevtić also noted that
“judicial (forensic) psychopathology is an applied science which investigates processes and in-
terprets abnormal mental phenomena and abnormal mental activity, if they are significant for
the relationship between the mentally abnormal and the norms of positive law.”19
In this sense, Aćimović concludes that Altavilla’s comprehensive conception is actually a
collection of several scientific disciplines, which may provisionally be designated as judicial
(forensic) psychology. He points out that “a joint study of these disciplines could be of signif-
icant practical benefits.”20
CONCLUDING REMARKS
The title of this paper, its central part and concluding remarks clearly indicate the author’s
intention to initiate a discussion on the fundamental issues in criminology and related dis-
ciplines, such as: penology, victimology, and forensic psychology, with the aim of revisiting
the existing corpus of knowledge and providing new interpretations on this subject matter; at
least, it will be an attempt to cast a new “light” on these issues, particularly in the context of
completely altered social and economic circumstances in the contemporary world.
In the first half of 2016, the social reality in Serbia gave rise to the academic debate on
the position of social sciences, as well as on the importance of studying social sciences and
humanities at local universities. Of course, the debate was caused by the prosaic but objec-
tive circumstances concerning the method of funding scientific research in the field of social
sciences and humanities. When comparing the application properties of natural sciences and
social sciences/humanities, natural sciences are most likely to prevail. So, where does the in-
spiration for this paper and the presented considerations come from?
Criminology may offer abundant knowledge and various findings about the phenomeno-
logical and etiological characteristics of crime. Its achievements in the field of crime preven-
tion are immeasurable. Yet, there is a need to revisit its basic scientific postulates and achieve-
ments in the field of criminalization and decriminalization of certain forms of behaviour, in
order to remind the citizens that crime is an act committed by humans. As such, it may never
be completely eradicated; however, detection and prevention of crime must be the absolute
priority of every state which shall exert its best efforts to counteract criminal conduct.
In the era of digital humanism, research of library collections at Serbian law schools is
certainly not a futile job. The historical heritage of the pioneering criminological conceptions
17 Aćimović, M., op. cit. p. 10.

18 Jevtić, D. (1960). Sudska psihopatologija (Judicial Psychopatology). Beograd – Zagreb: Medicinska
knjiga.
19 Jevtić, D., op. cit. p. 2.
20 Aćimović, M., loc. cit.
is always necessary for comparing the past and present attainments, and assessing the current
level of development of contemporary scientific knowledge.
REFERENCES
1. Aćimović, M. (1988). Psihologija zločina i sudjenja: Sudska psihologija (Psychology of Crime
and Trial: Judicial Psychology). Beograd: Savremena administracija.
2. Altavilla, E. (1955). Sudska psihologija (Judicial Psychology). Tom I. Prvi deo. Psihološki
proces i sudska istina. Torino: Tipografski savez. Torinsko izdavačko preduzeće. (dakti-
lografisani prevod na srpski jezik).
3. Altavilla, E. (1955). Sudska psihologija (Judicial Psychology). Tom I. Prvi deo. Psihološki
proces i sudska istina. Predgovor Enrico Ferri. Torino: Tipografski savez. Torinsko iz-
davačko preduzeće.
4. Aranudovski, Lj. Kriminologija (Criminology). (2007). Štip: 2-ri Avgust S, str. 104-105.
5. David Oldroyd, The Arch of Knowledge, 1986, http://books.google.com/books?, Ac-
cessed:17.10.2011.
6. Dimitrijević, D. (1964). „Predgovor“ (Preface). (str. 3-5), in: Pinatel, J. (1964). Kriminologi-
ja (Criminology). Sarajevo: Zavod za izdavanje udžbenika.
7. Đurić, M. (1962). Problemi sociološkog metoda (Problems in the Sociological Method). Be-
ograd: Savremena škola, str. 32.
8. Jevtić, D. (1960). Sudska psihopatologija (Judicial Psychopatology). Beograd – Zagreb:
Medicinska knjiga.
9. Pinatel, J. (1964). Kriminologija (Criminology). Sarajevo: Zavod za izdavanje udžbenika.
THE ANALYSIS OF THE AUDIO AND AUDIOVISUAL
MODALITY IN THE ESTIMATION OF THE
AUTHENTICITY OF A STATEMENT
Valentina Baić, PhD1
Ivana Bjelovuk, PhD
Milan Žarković, LLD
Academy of Criminalistic and Police Studies, Belgrade, Serbia
Starting from the assumption that the signs of cognitive load as the result of lying
will be more clearly seen in the audio-visual record than in the audio record, the
authors tried to answer whether it is important for determining of the success in the
estimation of the authenticity of a statement if the examinees only listen to the audio
record or look at and listen to the audio-video record of the persons who lied or told
the truth at the same time, as well as whether there is any difference in the accuracy
of the estimation of a statement regarding the sex. There were 180 participants in
the research (88 men and 92 women, aged 21-24), the students of the Academy of
Criminalistic and Police Studies in Serbia who were divided into two groups – the
control and experimental. Ten audio-video and ten audio records with the interviews
of persons i.e. demonstrators who lied or told the truth were a stimulus set.
The differences in the accuracy of the estimation of the authenticity of the statement
between the audio and audio-visual situations were examined by the use of Wilcoxon
signed-rank test for repeated measurements. Significant differences were established
statistically in the total accuracy of the estimation of the authenticity of the statements
between the audio-visual and audio situations, Z= -5.97, p<0.001, the accuracy of the
estimation of the authenticity of the statements, Z=-3.14, p<0.01 and accuracy of the
estimation of the false statements Z=-4.50, p<0.001. The whole successfulness in the
audio-visual situation was 61.4 %, while in the audio situation was significantly lower
and amounted to 56.9 %. Similarly, the accuracy of the estimation of the true statements
was higher in the audio-visual situation (60.89 %) than in the audio situation (57.11
%), while the accuracy of the estimation of the false testimony was also higher in the
audio-visual situation (61.89 %) than in the audio situation (56.78 %). The gender
differences in the accuracy of the estimation of the authenticity of the statement (both
modalities jointly) were examined by Mann-Whitney test for independent samples.
The differences between men and women were statistically significant in the total
accuracy of the estimation U = 1918.5, p <0.001.The total accuracy of the estimation
was higher for men (62.10%) than for women (56.36%).
The results of the research have indicated the importance of the audio-visual against
the audio modality in the evaluation of the authenticity of the statement, which is in
accordance with the results of other researches.
Keywords: estimation of the authenticity of a statement, auditory modality, audio-
visual modality, a false statement, a true statement
1 [email protected]
54 Valentina Baić, Ivana Bjelovuk, Milan Žarković
INTRODUCTION
We often come across the lying phenomenon in the police practice during the hearing of
suspects or witnesses who are ready for deceitfulness and also during the information gath-
ering from citizens as a part of crime scene investigation.2345 Most practitioners6789assert that
one of the positive characteristics of the police officers and examiners at all is the ability of
detecting deception especially in the investigation procedure.
Most researchers who have dealt with the issues of lie detection for decades essentially
have come to the same results according to which the wrong assumptions that people can
detect a lie have just been based on observing of the behavior.10It is proved that laymen cannot
easily detect a lie, i.e. that their success in lie detection was about 53% in the studies of success
in lie detection.11Persons who tell the truth are valuated with the higher level of precision sug-
gesting that the ability to recognize persons who lie is at the level of 50% or even lower.12The
level of lie detection was not even better in the cases of professionals (police officers, judges,
customs officials) who achieved similar results as laymen131415161718192021222324
.
2 V. Baić, D. Kolarević, Z. Ivanović, Cognitive abilities as a potential factor in the accuracy of estimates
testimony. Crime Theory and Practice, 2015/ 3, 127-140.
3 Z. Ivanović, V. Baić, Tactic to provide testimony, Academy of Criminalistic and Police Studies, Belgrade, 2016.
4 D. Kolarević, Psychology of crime, Academy of Criminalistic and Police Studies, Belgrade, 2015.
5 M. Žarković, I. Bjelovuk, T. Kesic, Criminal investigation procedure at the scene and credibility of
scientific evidence. (monograph). Academy of Criminalistic and Police Studies, Belgrade, 2012.
6 A. S. Aubry, R. R. Caputo, Criminal interrogation (3rd edn), Charles C. Thomas, Springfield, 1980.
7 F.E. Inabau, J.E. Reid, J.O. Buckley, B.C. Jane, Criminal interrogation and confessions (fourth edition).
Gaithersbury Marxland, Aspen,2001.
8 F.E. Inabau, J.E. Reid, J.O. Buckley, B.C. Jane, Criminal Interrogations and Confessions (fifth edition),
IL: John E. Reid & Associates, Inc, Chicago,2013.
9 D.E. Zulawski, D.E. Wicklander, Practical aspects of interview and interrogation - 2nd ed. CRC Press:
Washington DC, 2002.
10 V. Baić, I. Areh, Detection of lying, Synapse editions, Belgrade, 2015.
11 C. F. Bond, B. M. DePaulo, Accuracy of deception judgments, Personality and Social Psychology
Review, 2006/10, 214–234.
12 T. R. Levine,H. S. Park,S. A. McCornack, Accuracy in detecting truths and lies: Documenting the
“veracity effect.” Communication Monographs, 1999/66, 125-144.
13 V. Baić, Recognizing lying based on nonverbal behavior in students Police Academy. The work was
presented at a scientific conference with international participation Current Trends in Psychology, Novi
Sad, October, 2009.
14 V. Baić, The accuracy of lying and nonverbal behaviors that indicate false and deceiving. Applied
Psychology, 2010/1, 77-89.
15 V. Baić, Detection of lying by observing non-verbal behavior, Security, 2011/1, 28-42.
16 P. Ekman, Teling lie: clues to deceit in the marketplace, politics and marriage, W.W. Norton New York,
1992.
17 P. Ekman, M. O’Sullivan, Who can catch a liar? American Psychologist, 1991/46, 913-920.
18 P. Ekman, M. O’Sullivan, M.G. Frank, A few can catch a liar. Psychological Science, 1999/10, 263–6.
19 E. Garrido, J. Masip, C. Herrero, Police officers’ credibility judgements: Accuracy and estimated ability.
International Journal of Psychology, 2004/39, 254-275.
20 G. Kohnken, Training police officers to detect deceptive eyewitness statements. Does it work? Social
Behaviour, 1987/2, 1-17.
21 A. Vrij, Credibility judgements of detectives. The impact of nonverbal behavior, social skills and physical
characteristics on impression formation. Journal of social Psychology, 1993/133, 601-611.
22 A. Vrij, Detecting Lies and Deceit.John Wiley & Sons Ltd, Chichester, 2008.
23 A. Vrij, S. Graham, Individual differences between liars and the ability to detect lies. Expert evidence,
1997/5, 144-148.
24 A. Vrij, S. Mann, Who killed my relative? Police officers’ ability to detect real-life high-stake lies.
Psychology, Crime, and Law, 2001/7, 119–32.
THE ANALYSIS OF THE AUDIO AND AUDIOVISUAL MODALITY IN THE ESTIMATION... 55
The results of thirty researches25 show that the appraisers detect the false statements more
precisely (compared with random guessing) when they have information about movements,
body position and vocal signs, while the accuracy of guessing is below 50% when they have
information about facial expression only. It has been shown that appraisers have less percent-
age of accurate assessments when they have the data about facial expression in combination
with the other nonverbal signs.
In some studies observers have watched different video and audio recordings of persons
who lied or told the truth. In the research of Zuckerman, Koestner and Colell26in which one
group of observers could see only the faces of demonstrators, the other group could hear
their voices, the third could see and hear, the respondents achieved the higher percentage of
accuracy after the training than the police officers who also participated in the research of
Kohnken27, Vrij28and Vrij and Graham.29
In the study of Anderson and coauthors30and DePaulo and coauthors31 the respondents
could better detect false and true statements when they listened to the audio recordings than
in the case when they watched audio-visual recordings. The results of these researches impli-
cate that people are more precise in deception of deceit when they rely on sound signals than
when they rely on visual information.
In the research of Baić and Batić32, the respondents were significantly more successful in
total accuracy of statement assessment when they watched audio-visual recordings than in
the case when they listened to audio recordings. Based on the research results it is concluded
that the better result in audio-visual situation is partially the consequence of the effect of
practicing, and because of that the research should be repeated with the use of more complex
plan of the research.
One of the clearest conclusions concerning detection of deception is the result of the re-
search which is done by Zukerman and coauthors.33Namely, it is affirmed that the deception
is noticed more quickly from any information with words such as transcripts, audio tapes or
video tapes with sound and then from a source without words such as face and body.
Bearing in mind the significance of this field for the police work and the fact that the
objectivity of a statement is still one of the key issues of proving in criminal procedure34we
strived to achieve some objectives. The main objective is to check the results of research which
assert the significance of audio-visual modality in the assessment of the statement. In this
respect the research involved a considerably bigger number of reviewers than in seminal stud-
ies. Second, a more complex research project is set with a control group and the so-called
procedure of contra balance. Finally, we consider that the results of the research could be im-
25 B.M.DePaulo, D.A. Kashy, S.E. Kirkendol,M.M. Wyer, J.A. Epstein, Lying in everyday life. Journal of
Personality and Social Psychology, 1996/70, 979-995.
26 M. Zuckerman, R. Koestner, & M.J. Colella, Learning to detect deception from three communication
channels. Journal of Nonverbal Behavior, 1985/9, 188-194.
27 Kohnken, op.cit (fusnote 19).
28 A. Vrij, Involved artcle: Why professionals fail to catch liars and how they can improve. Legal and
Criminological Psychology, 1994/9, 159-181.
29 Vrij, op.cit (fusnote 22).
30 D. E. Anderson,B. M. DePaulo,M. E. Ansfield,J. J. Tickle, E. Green, Beliefs about cues to deception:
Mindless stereotypes or untapped wisdom? Journal of Nonverbal Behavior, 1999/23, 67–89.
31 B.M. DePaulo,G.D. Lassiter,J.I. Stone, Attentional determinants of success at detecting deception and
truth. Personality and Social Psychology Bulletin, 1982/8, 273-279.
32 V. Baić, S. Batić, The importance of audio and audio-visual modality in the evaluation of
the truthfulness of the statements. The work was presented at the XXI scientific conference
Empirical research in psychology, Belgrade, March, 2015.
33 M. Zuckerman, B.M. DePaulo,R.Rosenthal, Verbal and nonverbal communication of deception. In L.
Berkowitz (Ed.). Advances in experimental sicial psychology, 1981/14, 1-57.
34 M. Žarković, Z. Ivanović, Crime Tactics, Academy of Criminalistic and Police Studies, Belgrade, 2014.
plemented in the concept of training course of the students of The Academy of Criminalistric
and Police Studies.
METHOD
PARTICIPANTS
One hundred and eighty respondents participated in the research (88 men and 92 women
aged 21-24), all of them being the students of The Academy of Criminalistics and Police Stud-
ies who were divided into the control and experimental group. The structure of the sample
according to affiliations to experimental or control group and sex is given in the Table 1.
Table 1. Distribution of the sample according to the group and sex
Group Frequency Percentage

Men 47 52.2
Control Women 43 47.8
Total 90 100.0
Men 41 45.6
Experimental Women 49 54.4
Total 90 100.0
Stimulus material
The stimulus set consisted of 10 audio-video and 10 audio recordings where the inter-
views with demonstrators who lied or told the truth were shown and who were chosen based
on the previous research.35
Data analysis methods
The correct answers of each respondent are gathered for all ten statements (audio record-
ings). The total accuracy of estimation is expressed as percentage of correct answers mul-
tiplied with 100. Then the scores of accuracies for true and false statements are calculated
separately for each respondent and after that scores are converted into percentage. In that
way, the accuracy of estimation of a true statement and the accuracy of estimation of false
statements are calculated separately for each respondent. The same procedure is repeated for
the audio-video recordings, too.
We use descriptive statistics for statistical analysis of description of a sample (frequency
and percentage). The accuracy of estimation of statement veracity is expressed as percentage
of exact answers of the respondents. Descriptive indicators are used for the description of
accuracy variable of recognition of true and false statements (arithmetic mean, standard de-
viation, minimum, maximum, median, interquartile range).
Mann-Whitney nonparametric test for independent samples is used for examination of
differences between a control and experimental group in total accuracy of statement veracity,
accuracy of true and false statements. The nonparametric test is chosen because the distribu-
tion of criteria variables was not normal. Furthermore, sex differences in accuracy of state-
ment estimation are examined with the use of Mann-Whitney nonparametric test for inde-
pendent samples. The differences in the success of estimation between audio and audio-video
35 Baić, Batić,op. cit (fusnote 31).
modality are examined with the use of Wilcoxon signed-rank nonparametric test for repeated
measuring. The nonparametric tests are chosen because the distributions of success variables
of statement veracity estimation deviated from normal distribution (Appendix 1).
Procedure
In the preparatory phase with the aim of avoiding of implicit assumptions of deceitfulness,
the estimators are presented the knowledge about verbal, nonverbal and vocal signs that are
characteristic for the lying situations.
In the first phase of the research, the respondents of the experimental group had the task
to do the estimation of statement veracity of persons they listened to when the audio record-
ing was finished (5 true and 5 false statements), while the respondents of the control group
had the task to estimate the veracity of the statements of the persons they looked at and lis-
tened to at the same time after each audio-visual recording (5 true and 5 false statements).
In the second phase of the research, the counterbalance is done, so the respondents of the
experimental group were to estimate the statements of the persons they looked at and listened
to at the same time (audio-visual recordings), while the respondents of the control group had
to estimate the statements of the persons they listened to. All the respondents estimated the
different statements in order to avoid the “effect of learning”.
RESULTS
The differences between the experimental and control group in the veracity of statements
(audio recordings).
With the aim of significance examination of differences between the experimental and
control group in success of the statement estimation the Mann-Whitney nonparametric test
for independent samples is used (Table 2). The results show that there are statistically signif-
icant differences in total accuracy of estimation, accuracy of estimation of true statements
and accuracy of estimation of false statements between the experimental and control group.
Table 2 Testing the significance of differences between the experimental
and control group in success of estimation of statement veracity
with the use of Mann-Whitney test (audio recordings)
U W Z p
Total accuracy of assessment 2399 6494 -5.275 0.000
The accuracy of assessment of true statement 3280 7375 -2.662 0.008
The accuracy of assessment of false statement 2846 6941 -4.358 0.000
Legend: U – Mann–Whitney`s test, W – Wilcoxon test, z – standardized value

The experimental group had the total accuracy of estimation 60%, while the control group
had the total accuracy of estimation lower and it was 53.9%. The accuracy of estimation of
true statements for the experimental group was 59.6%, while the control group had 54.7%.
Similarly, the accuracy of estimation of false statements for the respondents in the experi-
mental group was 60.4% and for the respondents in the control group it was 53.1% (Table 3).
Table 3 Descriptive data for assessment of the veracity of statement: the accuracy
of the assessment for the control (N = 90) and for experimental group (N = 90)
Group Min Max M SD Mdn IQR

Total accuracy of assessment 20.00 70.00 53.89 8.31 55 10
The accuracy of assessment of true 20.00 80.00 54.67 13.67 60 20
Control
The accuracy of assessment of false 20.00 80.00 53.11 13.12 60 20

The accuracy of assessment of true 40.00 80.00 59.56 9.93 60 0
Experimental
The accuracy of assessment of false 40.00 80.00 60.44 7.92 60 0
Sex differences in the assessment of the veracity of statement (audio recording)

To examine sex differences in the accuracy of estimation of a statement, we used the
Mann-Whitney test for independent samples. The differences between men and women were
statistically significant in total accuracy of estimation and accuracy of estimation of true state-
ments, while statistically significant differences in the accuracy of estimation of false state-
ments were determined (Table 4).
Table 4 Testing the significance of differences between the men and women in the success
of estimation of veracity of statement with the use of Mann-Whitney test – audio recordings
U W Z P
Total accuracy of assessment 3115 7393 -2.982 .003
The accuracy of assessment of true statements 3272.5 7550.5 -2.681 .007
The accuracy of assessment of false statements 3732.5 8010.5 -1.142 .253
Total accuracy of estimation was higher for men (58.4%) than for women (55.5%). The ac-
curacy of estimation of true statements was higher for men (59.1%) then for women (55.2%),
while there were no sex differences in estimation of false statements (Table 5).
Table 5 Descriptive data for estimation of the veracity of statements: the accuracy of estimation
for men (N=88) and women (N=92)
Sex N Min Max M SD Mdn IQR
Total accuracy of assessment 88 20.00 70.00 58.41 8.15 60 0
The accuracy of assessment of true 88 20.00 80.00 59.09 12.47 60 0
statements
Male
The accuracy of assessment of false 88 20.00 80.00 57.73 11.91 60 0
statements
Total accuracy of assessment 92 30.00 70.00 55.54 7.47 60 10

The accuracy of assessment of true 92 40.00 80.00 55.22 11.62 60 20
statements
Female
The accuracy of assessment of false 92 20.00 80.00 55.87 10.91 60 0
statements
The differences between the experimental and control group in the estimation of the ve-
racity of the statement (audio-video recording)
The differences between the experimental and control group in the estimation of the ve-
racity of the statement (audio-video recording) were examined with the use of Mann-Whit-
ney test for independent samples. It has been shown that there are statistically significant
differences between the experimental and control group in the total accuracy of estimation,
accuracy of estimation of true and accuracy of estimation of false statements (Table 6).
Table 6 Testing the significance of differences between the experimental and control group in
the success of estimation of veracity of statements with the use of Mann-Whitney test
(audio-video recordings)
U W Z p
Total accuracy of estimation (AV) 2100 6195 -5.940 0.000
Accuracy of estimation of true statements (AV) 3151 7246 -2.967 0.003
Accuracy of estimation of false statements (AV) 2395.5 6490.5 -5.630 0.000

The total accuracy of the estimation of the experimental group was 65.4%, while the con-
trol group had significantly lower accuracy of 57.3%. The accuracy of estimation of true state-
ments of the experimental group was 64% and control group had 57.8%. The accuracy of the
estimation of false statements of the experimental group was 66.9%, while for the control
group it was significantly lower, 56.9% (Table 7).
Table 7 Descriptive data for the estimation of the veracity of the statements: the accuracy of
estimation for the control (N=90) and experimental group (N=90)
Group Min Max M SD Mdn IQR

Accuracy of estimation of true state- 20.00 80.00 57.78 14.82 60 20
Control ments (AV)
Accuracy of estimation of false state-
Group 40.00 80.00 56.89 10.77 60 0
ments (AV)
Total accuracy of estimation (AV) 40.00 70.00 57.33 8.84 60 10
Experimental Accuracy of ments (AV)
estimation of false state-
Group 40.00 100.00 66.89 10.88 60 20
ments (AV)
Total accuracy of estimation (AV) 50.00 80.00 65.44 6.73 60 10
Legend: AV audio-video recording
Sex differences in the accuracy of statement estimation (audio-video recording)
To examine sex differences in the accuracy of estimation of statements, the Mann-Whit-
ney test for independent samples was used. The differences between men and women were
statistically significant in the total accuracy of estimation, accuracy of estimation of true state-
ments and false statements (Table 8).
Table 8 Testing the significance of differences between men and women in the success
of the estimation of veracity of the statements
with the use of Mann-Whitney test – audio-video recordings
U W Z p
Total accuracy of estimation (AV) 1764.0 6042.0 -6.959 0.000
Accuracy of estimation of true statements (AV) 2520.5 6798.5 -5.042 0.000
Accuracy of estimation of false statements (AV) 2745.0 7023.0 -4.435 0.000
Legend: U – Mann–Whitney test, W – Wilcoxon test, z – standardized value, AV –au-
dio-video recording
The total accuracy of statement estimation was higher for the men (65.8 %) than for
the women (57.2 %). The accuracy of estimation of true statements was higher for the men
(65.7%) than for the women (56.3%). The accuracy of estimation of false statements was
65.9% for male and for female respondents (Table 9).
Table 9 Descriptive data for the estimation of veracity of statements:
the accuracy of estimation for men (N=88) and women (N=92)
Sex Min Max M SD Mdn IQR
ments (AV)
Accuracy of estimation of false state- 40.00 100.00 65.91 11.81 60
Male 20
ments (AV)
Total accuracy of assessment (AV) 40.00 80.00 65.79 8.54 70 10

ments (AV)
Female Accuracy of estimation of false state- 40.00 80.00 58.04 10.72 60 0
ments (AV)
Comparing the accuracy of estimation between the audio and audio-visual situation
The differences in the accuracy of estimation of the veracity of statement between audio
and audio-visual situation were examined with the use of Wilcoxon signed-rank test for re-
peated measures. The statistically significant differences were established in the total accuracy
of the estimation of the veracity of the statement between the audio-visual and audio situa-
tion, Z= -5.97, p<0.001, the accuracy of the estimation of the true statement, Z=-3.14, p<0.01
and the accuracy of estimation of false statements Z=-4.50, p<0.001. Total success in audio-vi-
sual situation was 61.4 %, while in the audio situation it was significantly lower-56.9% (Table
10). Similarly, the accuracy of estimation of false statements was higher in audio-video situ-
ation (60.89%) than in the audio situation (57.11%). The accuracy of the estimation of false
statements was also higher in audio-video situation (61.9%) than in audio situation (56.78%).
Table 10 Descriptive data for the estimation of true statements through modalities
Min Max M SD Mdn IQR

Total accuracy of estimation 20.00 70.00 56.94 7.92 60 10
(audio)
Accuracy of estimation of true .00 80.00 57.11 12.17 60 0
statements (audio)
Accuracy of estimation of false 20.00 80.00 56.78 11.42 60 0
statements (audio)
Accuracy of estimation of true 20.00 80.00 60.89 13.17 60 0
statements (AV)
Accuracy of estimation of false 40.00 100.00 61.89 11.90 60 0
statements (AV)
Sex differences in the accuracy of the estimation of the veracity of the statement (no mat-
ter of the modality)
Sex differences in the estimation of the veracity of the statement (both modalities togeth-
er) were examined with the use of Mann-Whitney test for independent samples. There is the
statistically significant difference in the accuracy of estimation, U=1918.5, p<0.001. The total
accuracy of the estimation was lower for the women (56.36 %) than for the men (62.10 %)
(Table11).
Table 11 Descriptive data for the estimation of true statements: the total accuracy of estimation
for men (N=88) and women (N=92) – both modalities
Sex Min Max M SD Mdn IQR
Male (both modalities)

Female (both modalities)
DISCUSSION AND CONCLUSION

In this research, we have endeavored to examine the significance of audio and audio-visu-
al modality in the estimation of the veracity of the statement with the determination of total
accuracy of the statements estimation, accuracy of the estimation of true and false statements
and the differences in accuracy of estimation according to sex. The research results show the
significance of audio-visual modality during the estimation of the veracity of the statement
in contrast to the audio modality. Namely, the respondents were significantly more successful
in the total accuracy of the estimation of the veracity of a statement when they conducted the
estimation based on audio-video recordings than when they conducted the estimation based
on an audio recording. At the same time, the respondents were generally more successful both
in the estimation of the true and false statements in audio-video situation than in audio situ-
ation. Regarding the sex, the research results presented the greater achievement in the case of
male respondents than the female respondents.
Before we conclude, it is important to remark some basic cognition that the researchers
of the phenomenon of deception and its detection have found out. Namely, the opinion that
persons who lie are better manipulators of verbal behavior because it is easier to control it
than nonverbal behavior had been prevalent for a long time. For that reason, the intention is
to focus attention to nonverbal behavior when detecting deceptive behavior what, inter alia,
practitioners advocated.36 Nowadays, the prevailing opinion is that successful detection of ly-
ing requires the analysis of a total context and the estimation of someone’s deceptive behavior
based on the wide spectra of verbal, vocal and nonverbal behavior signs.37
Excepting the disadvantages of the research in experimental conditions where the demon-
strators are usually instructed to give true or false statements, we can conclude that the results
of the research are in accordance with the other results where the emphasis is on the signifi-
cance of audio-visual modality in the estimation of accuracy of a statement.3839 Taking a wider
perspective into consideration, the results of the research can point out at the significance of
visual modality since in both experimental situations audio modality was present. Finally, the
research results can point out that the estimation of deceptive behavior should be done based
on the verbal, vocal and nonverbal signs.40Regarding the sex differences, the research showed
the existence of the differences in the experience and estimation of some aspects of appropri-
ate stimulation between the male and female respondents. The potential source of assumed
differences suggests the preference of certain type of information rather than higher or lower
level of sensitivity within the provided channel.41
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5. Baić, V., Detection of lying by observing non-verbal behavior. Security, 2010/1, 28-42.
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36 Inabau, Reid, Buckley op. cit (footnote 6).

37 Baić, Areh op cit (fusnote 9).
38 Baić, Batić, op. cit (footnote 31).
39 Zuckerman, DePaulo & Rosenthal, op. cit (footnote 32).
40 Baić, Areh op. cit (footnote 9).
41 D. Mitrović, A. Trogrlić, Psychology of sex differences and similarities, Synapse
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9. Baić, V., Batić, S., The importance of audio and audio-visual modality in the evaluation of
the truthfulness of the statements. The work was presented at the XXI scientific conference
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12. DePaulo, B.M., Kashy, D.A, Kirkendol, S.E., Wyer, M.M., Epstein, J.A., Lying in everyday
life. Journal of Personality and Social Psychology, 1996/70, 979-995.
13. DePaulo, B.M., Lassiter, G.D., Stone, J.I., Attentional determinants of success at detecting
deception and truth. Personality and Social Psychology Bulletin, 1982/8, 273-279.
14. Ekman, P., Telling lie: clues to deceit in the marketplace, politics and marriage, W.W. Norton,
New York, 1992.
15. Ekman, P., O’Sullivan, M., Who can catch a liar? American Psychologist, 1991/46, 913-920.
16. Ekman, P., O’Sullivan, M., Frank, M. G., A few can catch a liar. Psychological Science, 1999/
10, 263–6.
17. Garrido, E., Masip. J., Herrero, C., Police officers’ credibility judgements: Accuracy and
estimated ability. International Journal of Psychology, 2004/39, 254-275.
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Beograd, 2014.
25. Vrij, A., Credibility judgements of detectives. The impact of nonverbal behavior, social
skills and physical characteristics on impression formation. Journal of social Psychology,
1993/133, 601-611.
26. Vrij, A., Involved article: Why professionals fail to catch liars and how they can improve.
Legal and Criminological Psychology, 1994/9, 159-181.
27. Vrij, A., Detecting Lies and Deceit, John Wiley and Sons Ltd, Chichester, 2008.
28. Vrij, A. Graham, S., Individual differences between liars and the ability to detect lies. Ex-
pert evidence, 1997/5, 144-148.
29. Vrij, A., Mann, S., Who killed my relative? Police officers’ ability to detect real-life high-
stake lies. Psychology, Crime, and Law, 2001/7, 119–32.
30. Zuckerman, M., DePaulo, B.M., Rosenthal, R., Verbal and nonverbal communication of
deception. In L. Berkowitz (Ed.), Advances in experimental social psychology, 1981/14,
1-57.
31. Zuckerman, M., Koestner, R., Colella, M.J., Learning to detect deception from three com-
munication channels. Journal of Nonverbal Behavior, 1985/9, 188-194.
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APPENDIX
Descriptive indicators and check of normality of continuous variables distribution
Kolmogor-
M SD Skjunis
Kurtozis ov-Smirnov
test
SK SE K SE KS p
Total accuracy of estimation (audio) 56.94 7.92 -.968 .181 2.547 .360 .317 .000
The accuracy of estimation of true 57.11 12.17 -.671 .181 2.440 .360 .366 .000
statements (audio)
The accuracy of estimation of false 56.78 11.42 -.731 .181 1.644 .360 .400 .000
statements (audio)
Total accuracy of estimation (AV) 61.39 8.83 -.177 .181 -.134 .360 .221 .000
The accuracy of estimation of true 60.89 13.17 -.403 .181 .532 .360 .312 .000
statements (AV)
The accuracy of estimation of false 61.89 11.90 .131 .181 .254 .360 .346 .000
statements (audio)
Total accuracy of estimation (A+AV) 59.17 7.10 -.471 .181 .242 .360 .174 .000
Legend A – audio recordings, AV – audio-video

THE SENTENCE BARGAINING IN THE MACEDONIAN
CRIMINAL LEGISLATION
Katerina Krstevska PhD, Associate Professor
Faculty of Security - Skopje, University “Ss. Kliment Ohridski” - Bitola
[email protected]
Abstract: The procedural institution “sentence bargaining” for the first time was
introduced into Macedonian legal system in 2010 when the new Law on Criminal
Procedure (LCP), was adopted by the Macedonian Assembly. As stated in the LCP’s
explanation, the efforts towards the acceleration of the criminal justice system and
reaching a final and enforceable judgements, shall be done by accepting models of
simplified procedures, which means - by tending the judgment to be reached in the
earlier phase of the criminal procedure, by endeavouring the parties to give their
agreement on the sentence and by avoiding the usage of the legal remedies. In essence,
besides the Reaching a judgment on the basis of a plea agreement between the Public
Prosecutor and suspect (Chapter 29), the new LCP governs three additional models of
accelerated procedures, i.e. Summary procedure (Chapter 28), Mediation procedure
(Chapter 30) and Procedure for issuing a penal warrant (Chapter 31).
Having in mind the above, the main goal of the Paper shall be to comprehensively
elaborate the Macedonian legal framework dedicated to the sentence bargaining,
especially the new LCP, Criminal Code and Law on Determining the Type and Meting
Out the Degree of the Sentence. Also, the Paper shall give a special attention to the
Judgement on the basis of a draft plea agreement reached between Public Prosecutor
and one of the accused in the case publicly known as “Putsch”.
Keywords: Sentence bargaining; Accelerated procedure; Law on Criminal Procedure;
Republic of Macedonia.
INTRODUCTION
The Macedonian criminal procedure from 1997 needed to be changed.1 Slowness of the
procedure contributed the traditional mixed criminal procedure to accept certain procedur-
al decisions, often unknown and even incompatible with its basic principles. Therefore, a
breakthrough of institutes that are characteristic for the accusatory criminal procedure can
be noted. In this context, the possible forms of settlement (or contracting) between the Public
Prosecutor and the accused or so called contracting justice can be emphasized; expanding of
the frames of opportunity principle in the proceedings by the Public Prosecutor for the minor
criminal acts; respecting the position of the damaged party, his / her opinion and consent
1 With the start of application of the new Law on Criminal Procedure - LCP (“Official Gazette of the
Republic of Macedonia” No. 150/2010, 100/2012), the old LCP (“Official Gazette of the Republic of
Macedonia” No. 15/1997, 44/2002, 74/2004, 15/2005 - consolidated text, 83/2008, 67/2009, 51/2011)
shall cease to be valid, except for the procedures that are conducted according to the Article 556 of the
new LCP (the procedures initiated prior to the application of the new LCP shall be completed according
to the provisions of the old LCP).
66 Katerina Krstevska
to deviate from the ordinary course of criminal procedure; accomplishing compensation as

a possibility the criminal procedure not to be initiated, i.e. resolving the disputes by media-
tion; prescribing short and efficient deadlines for taking specific procedural actions, as well
as accepting special forms of accelerated procedures.2 These procedures include four possible
forms that simplify and accelerate the procedure, and thereby effectuate the criminal justice:
Summary procedure (Chapter 28), Reaching a judgment on the basis of a plea agreement
between the Public Prosecutor and suspect (Chapter 29), Mediation procedure (Chapter 30)
and Procedure for issuing a penal warrant (Chapter 31).3 Thus, a brand new procedure is the
procedure for reaching a judgment based on the agreement between the Public Prosecutor
and the suspect, by which a new institution in our criminal justice system is introduced,
known in the Anglo-Saxon procedures as bargaining in respect of the sanction (sentence
bargaining).4
LEGAL PROVISIONS ABOUT THE PROCEDURE ON

REACHING A JUDGMENT ON THE BASIS OF A DRAFT PLEA
AGREEMENT
The Articles 483 to 490 of the LCP’s Chapter XXIV regulate the procedure on reaching a
judgment on the basis of a plea agreement between the Public Prosecutor and the suspect.5
According to the Article 483, before raising the indictment,6 the Public Prosecutor and the
suspect may submit a draft plea agreement (DPA) requesting the Judge of Pre-trial Procedure
(the Judge) to impose a criminal sanction determined in the DPA. The criminal sanction
should be determined by type and duration within the legally prescribed limits for a specific
criminal act, and it should not be lower than the limits for mitigation of the sentence as de-
fined by the Criminal Code (CC).7 Along with the DPA, the Public Prosecutor should enclose
2 For more, see: Government of the Republic of Macedonia: Draft-Law on Criminal Procedure (submitted
to the Assembly in July 2010; available on: http://www.sobranie.mk), page 249. The explanation of
the Draft-LCP points to several recommendations of the Council of Europe that address acceleration
of procedure (Recommendation No. R (87) 18 concerning the simplification of criminal justice;
Recommendation No. R (95) 12 on the management of criminal justice; Recommendation No. R (85)
11 on the position of the victim in the framework of criminal law and procedure; Recommendation
No. R (87) 21 on assistance to victims and the prevention of victimization).
3 See: Ibid, page 250.
4 See: Академија за судии и јавни обвинители: Модул 4 - Забрзани постапки - Прирачник, Скопје,
2013, page 15. Comparatively, there are three types of bargaining: charge bargaining, fact bargaining
and sentence bargaining. For more, see: Ibid, page 33. According to L. Brashear Tiede: An Analysis of
Macedonian Sentencing Policy and Recommendations for Future Directions: Towards a More Uniform
System, Skopje, 2012, page 26, in the United States federal system, the vast majority (96 to 99 percent) of
all cases result in a plea bargain.
5 The Public Prosecutor has several rights and duties concerning the criminal acts that are prosecuted ex
officio, among which is to negotiate and bargain with the accused on a guilty plea under the conditions
and in a manner determined by the LCP (Article 39 Paragraph 2 Line 8). The part “on a guilty plea” of
the provision “to negotiate and bargain with the accused on a guilty plea” should be erased, since they
negotiate and bargain about the sentence. This provision is followed by the Article 206 that regulates the
advisement of the accused on his / her rights. Namely, before the beginning of the first examination of
the accused, he / she shall be informed about the right to bargaining with the Public Prosecutor. More
about the rights of the accused see: Article 206 of LCP.
6 According to LCP’s Article 483 Paragraph 1, in the practice there shall be a gap between “before raising
indictment” and “main hearing”. Therefore it should be changed to “until the indictment is verified” or
“until the main hearing”.
7 As stated by 2013 Explanations of the Draft-Laws on Changing and Amending Criminal Code,
given by the Macedonian Government, harmonization of CC with LCP is provided by LCP’s Action
plan for its implementation. The purpose of the amending CC’s Article 40 was to create preconditions
THE SENTENCE BARGAINING IN THE MACEDONIAN CRIMINAL LEGISLATION 67
all evidence, together with the written statement signed by the damaged party regarding the
type and amount of any legal or property claim.8 The plea agreement procedure shall be con-
ducted between the competent Public Prosecutor and suspect, in the presence of his / hers
defense counsel.
The subject of the plea agreement, as mentioned above, is the type and duration of the
criminal sanction. If the suspect gives consent, then the legal or property claim of the dam-
aged party may also be a subject of DPA. Therefore, the LCP prescribes the following elements
that any DPA must contain:
1. Data regarding the Public Prosecutor, suspect and his / her defense counsel;
2. Description and legal qualification of the criminal acts covered by the DPA;
3. Proposed criminal sanction by type and duration;
4. Type and amount of any legal or property claim and the manner of its effectuation (if
the suspect gave consent);
5. Statement of the suspect that he / she is consciously and voluntarily accepting the DPA
and any consequences deriving from it;
6. Statement by the Public Prosecutor and the suspect that they waive their right to appeal,
if a judgement accepting DPA is reached;
7. The costs of the procedure;
8. Signatures of the Public Prosecutor, the suspect and his / her defense counsel;
9. Date and venue of concluding DPA.
for implementation of the institute bargaining prescribed by LCP. See: Government of the Republic
of Macedonia: Draft-Law on Changing and Amending Criminal Code (submitted to the Assembly in
February 2013; available on: http://www.sobranie.mk), pages 3, 9; Government of the Republic of
Macedonia: Draft-Law on Changing and Amending Criminal Code (submitted to the Assembly in
December 2013; available on: http://www.sobranie.mk), pages 2, 5; Criminal Code (“Official Gazette
of the Republic of Macedonia” No. 37/1996, 80/1999, 04/2002, 43/2003, 19/2004, 81/2005, 60/2006,
73/2006, 07/2008, 139/2008, 114/2009, 51/2011 - two changes and amendments, 135/2011, 185/2011,
142/2012, 166/2012, 55/2013, 82/2013, 14/2014, 27/2014, 28/2014, 41/2014, 115/2014, 132/2014,
160/2014, 199/2014, 196/2015, 226/2015).
The given CC’s amendments rule that the Court may determine to the perpetrator a sentence under
the limit prescribed by law, within the framework provided in CC’s Article 41, or to apply a more
lenient form of sentence in two cases. The first case is when the Court is imposing a sentence based
on DPA concluded between the Public Prosecutor and the accused, and the second case is when
the accused pleads guilty at the main hearing in accordance with LCP’s provisions. Also, the Court
may impose a more lenient sentence, within the framework provided in CC’s Article 41, when in
accordance to the legally prescribed procedure for bargaining between the Public Prosecutor and
the accused an agreement is reached for more lenient sentence than the sentence prescribed for that
criminal act by the law. In addition, the Law on Determining the Type and Meting Out the Degree of
the Sentence (“Official Gazette of the Republic of Macedonia” No. 199/2014), should be mentioned
since it contains provisions regarding the negotiations on the type and duration of the sentence
between the Public Prosecutor and the accused. Based on its Articles 20 and 21, the Public Prosecutor
and the accused may not agree on a sentence that would be lower than 50%, i.e. 70% of the sentence
that would otherwise be imposed if the provisions of this Law apply in regular judicial procedure while
they are negotiating during the investigative procedure and up to the filing a penal warrant in the
summary procedure, i.e. during the indictment review stage. And finally, if the accused pleads guilty
during the main hearing, after the parties’ opening statements, the Court may not impose a sentence
to the accused that would be lower than 70% of the above mention sentence.
8 The Public Prosecutor, under Article 483 Paragraph 2, is obliged to enclose a written statement signed
by the damaged party regarding the type and amount of any legal or property claim. This provision
provides an opportunity to the damaged party to “delay” the whole procedure. Or, the bargaining not to
be realized if the damaged party does not give such statement.
Also, there is another “must” rule - the participation of defense counsel in the plea agree-
ment procedure from its outset is a must.9 Contrarily, the Judge must not participate in the
plea agreement procedure.
The Judge within three days of DPA’s receiving shall schedule a hearing for its assessment
and shall summon the persons who filed it. The Judge is obliged to examine whether the
DPA was submitted voluntarily, whether the suspect is aware of the legal consequences from
its acceptance, the consequences related to any legal or property claim and the costs of the
criminal procedure.10 Throughout the hearing, the Public Prosecutor, the suspect and his /
her defense counsel must not put forward a motion for a criminal sanction different from the
sanction contained in DPA. If any of them puts such motion, it shall be considered that they
have withdrawn from DPA and the Judge shall adopt a decision to reject DPA (Article 489
Paragraph 1). Therefore, the Judge shall advise the Public Prosecutor and the suspect and his
/ her defense counsel on following:
-- The right to withdraw from DPA until decision is adopted,
-- The acceptance of DPA shall be considered as waiving the right of appeal against the
judgement reached on DPA’s basis.
However, the Judge may adopt a decision to reject DPA (Article 489), which cannot be
appealed. This type of decision shall be reached if the Judge finds that the collected evidence
regarding the facts relevant for selecting and determining the criminal sanction do not justify
the pronouncement of the proposed sanction, i.e. that the Public Prosecutor, suspect and his /
her defense counsel filed a motion during the hearing for criminal sanction different than the
one that DPA contains. In such situation, the minutes of the held hearing and the DPA may
not be used in the further course of the procedure, and they shall be treated in accordance
with LCP’s Article 336 Paragraph 4 (shall be separated from the rest of the case file, shall be
sealed in a separate envelope and kept by the Judge). Also, the Judge shall submit the case files
to the Public Prosecutor.
On the other hand, if the Judge accepts DPA, shall pronounce a judgement that must con-
tain the same criminal sanction as the one in DPA. The judgment, with elements of judgment
of conviction pursuant to LCP’s Article 404,11 shall be announced immediately and shall be
prepared in writing within three days of its announcement. Without any delay, the judgment
9 If the suspect fails to choose a defense counsel by him/herself, then the President of the competent
court shall appoint a defense counsel ex officio. The LCP’s Article 74 dedicates six paragraphs to the
compulsory defense with a defense counsel, among which is the procedure of negotiation and bargaining
with the Public prosecutor on the guilty plea (Paragraph 4). The same as before, the part “on the guilty
plea” should be erased.
10 Академија за судии и јавни обвинители: Модул 4 - Забрзани постапки - Прирачник, Скопје,
2013, page 38, mentions several test questions that the Judge should ask the accused: personal and
family circumstances; circumstances from which shall determine that the accused fully understands
the nature and consequences of the agreement (in order to avoid possible misunderstandings or fraud);
mental state of the accused at the time of the agreement; whether the accused was under the influence of
drugs or alcohol; whether the accused was feeling good; whether the accused consulted defense counsel
before admitting the guilt, etc.
11 The judgment of conviction contains several elements: 1. Criminal act that the person has been
found guilty of, by indicating the facts and circumstances that represent the attributes of the specific
criminal act, as well as those on which it depends the application of the CC’s provisions; 2. Legal title
of the criminal act and the CC’s provisions that have been applied; 3. Sentence for the accused or if he
/ she is relieved from any sentence according to the CC’s provisions; 4. Alternative measure decision;
5. Decision on any safety measures, confiscation of property and proceeds, and seizure of objects; 6.
Decision on the inclusion of any time spent in custody, detention or time already served; 7. Decision on
the costs of the criminal procedure, about the legal or property claim, as well as whether the judgement
that has entered into force should be published in the press, on the radio or television. In addition, if the
accused has been sentenced to a fine, the judgement shall indicate the deadline within which the fine has
to be paid and the manner of substitution if it cannot be forcefully collected.
shall be delivered to the Public Prosecutor, the suspect and his / her defense counsel, as well
as to the damaged party. If the damaged party is dissatisfied with the type and amount of the
legal or property claim awarded with the judgment, he / she may effectuate such right through
dispute litigation.
In addition, there are several LCP’s provisions that address the guilty plea. For example,
after the indictment is received by the suspect, there are three possibilities at disposal to him /
her. The second possibility is to file a guilty plea, and the others are to file an objection against
the indictment (first possibility) and to submit a list of evidence that he / she proposes to
be presented during the main hearing (third possibility). If the suspect chooses the second
possibility, then the guilty plea may address to all or certain criminal acts of the indictment.
During the indictment review, the Judge or the Chamber may believe that it is necessary
to hold a hearing in order to review the indictment. In such situation, they shall schedule a
hearing within a period not longer than 15 days from the receipt of the objection against the
indictment, i.e. after the expiration of the deadline for submission of an objection against the
indictment. At the hearing, the suspect may give a statement and plea guilty with regard to all
or certain criminal acts of the indictment. If these situations happen (the suspect who has a
defense counsel, gives a statement and pleads guilty with respect to all or certain criminal acts
of the indictment, or if he / she pleads guilty at the hearing), then the Judge or the Chamber
shall check two things: first - whether the guilty plea has been given voluntarily, consciously
and with full understanding of the consequences, including the consequences related to any
legal or property claim and the costs of criminal procedure, and second - whether there is
sufficient evidence to prove the suspect’s guilt. The statement of guilt admission, i.e. the guilty
plea shall be entered into the minutes.12
Same as before, the Judge or the Chamber for indictment review may rule in a positive or
negative manner, i.e. they may:
-- Accept the guilty plea - upon a motion by the suspect and his / her defense counsel or
by the Public Prosecutor, a postponement of the hearing may be asked in order to conduct
a bargaining procedure and to file DPA in accordance to LCP’s Articles 483 to 490. In such
event, they shall postpone the hearing for a period of 15 days and shall set a date for the next
hearing, and
-- Not accept the guilty plea - such decision shall be noted in the minutes. The present
parties shall be informed accordingly and the indictment review hearing shall continue. The
guilty plea, i.e. the minutes that contain guilty plea, which were not accepted, may not be used
as evidence in the further criminal procedure. They shall make sure that the motion, i.e. the
minutes are placed in a separate file and kept apart from the case file.
At the hearing, the Public Prosecutor and the suspect and his / her defense counsel may
file a motion for bargaining agreement, with elements provided in LCP’s Article 485. After-
wards, the Judge or the Chamber shall review the proposed DPA and may accept it (shall
adopt a decision pursuant to LCP’s Article 490), and may not accept it (shall adopt a decision
for non-acceptance) and shall decide upon the indictment.13
12 The guilty plea is not a precondition to start a plea bargaining procedure during the investigation
procedure, which is not the case with plea bargaining in the stage of review of the indictment when the
confession is a necessary precondition to start a plea bargaining procedure. For more, see: G. Buzarovska
/ D. Re / M. G. Karnavas: Plea bargaining - a guidebook for practitioners, Skopje, 2010
13 Same as before, DPA that was not accepted may not be used as evidence in the further criminal
procedure; the minutes with the guilty plea and the proposed DPA will be placed in a separate file and
kept apart from the case file.
THE CASE “PUTSCH”

Based on the media information, in the case publicly known as “Putsch”, six persons were
suspected for committing criminal acts Unauthorized Wiretapping and Audio Recording,
Espionage and Violence Against Representatives of Highest State Authorities. Beside Z.K.,
among the suspects were Z.V. - former head of the secret police during the governance of the
political party Social Democratic Union of Macedonia (SDSM), S.V. - Z.V.’s wife, Gj.L. - offi-
cial of Ministry of Internal Affairs (MOI), B.P. - local official from Strumica and Z.Z. - oppo-
sition leader (leader of SDSM).14
The same day (31 January 2015), when the Macedonian MOI filed a criminal report
against four of the above mention persons (Z.V., S.V. B.P. and Z.Z),15 the Public Prosecutor
of the Basic Public Prosecutor’s Office for Prosecution of Organized Crime and Corruption
issued an order for conducting an investigative procedure against them.16 Eight days later, the
charges were expanded to two more persons (Z.K. and Gj.L.).17
On 25 February 2015 the Basic Court Skopje 1 Skopje, as Criminal Court of First Instance,
informed the public that after the Public Prosecutor of the Basic Public Prosecutor’s Office
for Prosecution of Organized Crime and Corruption delivered DPA to the Court, the Judge
of Pre-trial Procedure with a Judgement verified the agreement, according to which Z.K. was
sentenced to three years imprisonment as a single sentence for two criminal acts. In line with
LCP’s Article 490, the Judge adopted and published the Judgement IV KOK.PP. No. 131/15,18
based on the Draft Plea Agreement KO 25/15 concluded between the Public Prosecutor and
the accused Z.K. and his defense counsel.19 The Judgement was adopted on 25 February 2015,
i.e. on the same day when:
-- DPA was concluded and delivered by the Public Prosecutor to the Court,
-- DPA was received by the Court,
-- Hearing on DPA’s assessment was held in the presence of the Public Prosecutor, Z.K.
and his defense counsel.
Z.K. was convicted for committing Unauthorized Wiretapping and Audio Recording un-
der Article 151 Paragraph 4 in connection with Paragraph 1 in connection with Article 45 of
CC (first criminal act), and Espionage under Article 316 Paragraph 4 in connection with Ar-
ticle 24 of CC (second criminal act).20 Therefore, he was sentenced to one year imprisonment
14 More about the case “Putsch”, see:

-- http://www.akademik.mk/osudeniot-vo-puch-zvonko-kostovski-treba-da-se-vrati-na-
doizdrzhuvane-na-kaznata-zatvor/,
-- http://makfax.com.mk/crna-hronika/vraboten-vo-mvr-obvinet-vo-puc-dobi-trigodisna-
zatvorska-kazna/,
-- http://www.alfa.mk/News.aspx?ID=90084#.WJITFPkrLIU,
-- http://www.libertas.mk/so-target-obvinetite-vo-puch-ke-stanat-svedotsi-a-svedotsite-obvineti/, etc.
15 See: http://vesti.mk/read/news/4473639/1685451/mvr-so-krivichna-prijava-protiv-zaev-za-
nasilstvo-kon-pretstavnici-na-najvisokite-drzhavni-organi/.
16 See: http://jorm.gov.mk/?p=1139.
17 See: http://plusinfo.mk/vest/14250/video-mvr-vraboten-i-poraneshen-vraboten-vo-policijata-se-
privedeni-vo-puc; http://plusinfo.mk/vest/14292/30-dena-pritvor-za-dvajcata-vcera-uapseni-vo-puc.
18 The Judgement IV KOK.PP. No. 131/15 was provided by the Basic Court Skopje 1 Skopje, as a holder
of information, upon a Request based under the Law on Free Access to Public Information.
19 Based on the Judgement, Z.K. has the following characteristics: Macedonian citizen; married; father of
a minor; graduated on Electro-Technical Faculty; MOI’s employee; average wealthy; not been convicted.
20 More about the mentioned CC’s provisions see: Crime in continuation (Article 45) and Accessory
(Article 24).
for the first act, and two years and six months imprisonment for the second act, or a single
sentence of three years imprisonment.21
According to the Judgement IV KOK.PP. No. 131/15, in a period of unspecified date in
2010 onwards using the same relations and similar occasions, Z.K. while performing his duty
as a MOI’s official, repeatedly used and overstepped his official authorities, so contrary to the
Law on Monitoring Communications (LMC) and the LCP, used special devices for tapping
and audio recording of the technical capacities of the means to monitor communications
within MOI. Acting as a part of a structured group and intentionally encouraged by the ac-
cused Z.V. and Gj.L. he used the means to monitor to which he had access and knowledge
to use them, and without authorization listened and audio recorded the communications -
conversations and statements that were not meant for him. On request of Z.V. and Gj.L., Z.K.
entered phone numbers in the MOI’s means to monitor communications of several persons
whose exact number had not been determined (public officials, public figures and other per-
sons, among which were N.G., G.J., M.J., R.M., S.M., A.M., B.C, N.S., R.Sh., V.M., A.M., and
others as damaged parties). Through these monitored communications as well as communi-
cations which were monitored by MOI under LMC and LCP, technical records with no autho-
rization were obtained with an opportunity the contents of the monitored communications to
be reproduced and placed on portable data carriers.
All of this was performed by Z.K. on the request of Z.V. and transmitted by Gj.L. Namely;
Z.K. gave the obtained contents of the monitored communications to Gj.L. who transmitted
them to Z.V., with an intention to announce and hand them over to a foreign country, or-
ganization and person that serves them. Gj.L. and Z.K. for a financial compensation, made
available means to Z.V. to commit the crime, and by doing so, with intent helped Z.V. in the
commitment of the act Espionage (CC’s Article 316).
After the DPA’s evaluation, the Judge determined that it contained elements prescribed in
LCP’s Article 485 and everything necessary to be ruled. The Court during the hearing held
on 25 February 2015, examined Z.K. and his defense counsel, and established that DPA was
submitted voluntarily, and that Z.K. was aware of the legal consequences of DPA’s acceptance.
Afterwards, the Judge advised the Public Prosecutor, Z.K. and his defense counsel, that they
must not put forward a motion for establishing a criminal sanction other than the criminal
sanction contained in DPA because it would be considered that they have withdrawn from
DPA; that they are entitled to withdraw from DPA before the judgment is made, and that their
acceptance of DPA is considered as waiving the right of appeal against the judgement reached
on its basis.
Further, the Court examined the submitted evidence, concluded that they justified the
proposed criminal sanction to be imposed (by type and level), decided to accept DPA and
finally - reached the Judgement IV KOK.PP. No. 131/15 by which it found the accused Z.K.
guilty for the above mention criminal acts.
However, the situation become complicated when the President of the Republic of Mace-
donia on 12 April 2016 adopted several decisions to parole,22 and two of them referred to the
case “Putsch”:
-- Decision to pardon a convicted person No. 08-550/1, that fully releases the convicted
person Zvonko Kostovski from Skopje from further serving prison sentence, and
21 The time spent in detention was calculated in the sentence (determined by the Decision IV KOK PP
No. 81/15 of 08 February 2013 for 30 days period, 08 February 2015 - 08.10 am to 10 March 2015 - 08.10
am). Also, Z.K. according to LCP’s Article 105 was obliged to pay the costs of procedure in the amount
of MKD 8,640.00.
22 The President’s decisions to pardon were published in “Official Gazette of the Republic of Macedonia”
No. 72/2016.
-- Decision to pardon - release from prosecution without conducting a procedure No.

08-538/1, to 1. Zoran Verushevski from Skopje, 2. Gjorgji Lazarevski from Skopje, 3. Sonja
Verushevska from Skopje, 4. Zoran Zaev from Strumica, and 5. Branko Palifrov from Strumica.
The next day, the Basic Court Skopje 1 Skopje informed the public that the Cabinet of the
Macedonian President delivered to the Court the Decision to pardon a convicted person, with
a note that the Judge for Execution of Sanctions immediately forwarded this Decision to the
Prison institution in order the convicted Z.K. to be fully released from serving his sentence.23
Regarding the other five persons, on 1 May 2015 the Public Prosecutor of the Basic Public
Prosecutor’s Office for Prosecution of Organized Crime and Corruption filed an indictment
against them.24 But, on 7 June 2016 the Macedonian President annulled several decisions to
pardon, and among them was the Decision No. 08-865/1 to annul the Decision to pardon No.
08-550/1 dated 12 April 2016 for Zvonko Kostovski from Skopje.25 So, once again the Court
published a press release that the Judge for Execution of Sanctions, acting in accordance to
the President’s Decision to annul the Decision to pardon Z.K., convicted by a final court
judgment, on 10 June 2016 delivered to him an Act under which he should return to prison in
order to further serve his three-year prison sentence.26
Bearing in mind the current political crisis in Macedonia, and without analysing the work
of the Public Prosecutor’s Office for Prosecuting Criminal Acts Related to and Arising from
the Content of the Illegally Intercepted Communications (publicly known as “SJO”), once
again it should be noted that the case “Putsch” was firstly initiated by the Basic Public Pros-
ecutor’s Office for Prosecution of Organized Crime and Corruption Skopje. However, when
SJO was established,27 it overtook the jurisdiction of this case as a NSK-KO No. 16/15. At the
end of 2015,28 SJO established jurisdiction over the case KO.No. 25/15 of the Public Prosecu-
tor’s Office for Prosecution of Organized Crime and Corruption Skopje which indicted five
persons.29 However, on 18 January 2017 SJO informed the public that it had submitted a writ-
ten document to the Basic Court Skopje 1 Skopje with whom it withdrew the indictment since
the factual situation presented in the indictment was inconsistent with the evidence that SJO
possesses and with the findings of investigative procedure about the cases “Target” and “Tvr-
dina”.30 In essence, by submitting a written document under the LCP’s Article 352 to the Basic
23 See: http://www.libertas.mk/osudeniot-vo-puch-ekspresno-izleguva-od-zatvor-po-amnestijata-na-
ivanov/.
24 See: http://jorm.gov.mk/?p=1620.
25 The President’s decisions to annul the decisions to pardon were published in “Official Gazette of the
Republic of Macedonia” No. 108/2016.
26 See: http://telma.com.mk/vesti/zvonko-kostovski-edinstveniot-osuden-za-puch-mora-da-se-vrati-
vo-zatvor/. The weekly newspaper Fokus (No. 1122 of 7 April 2017) states that ZK has applied for
postponement of the sentence because he was the only person who cares about the health condition of
his father. But, the Judge rejected the request as inadmissible and ordered after the decision becomes
final, within eight days Z.K. to start serving the sentence, or otherwise a warrant for his arrest shall be
issued. This decision was also appealed by Z.K.
27 See: Law on the Public Prosecutor’s Office for Prosecuting Criminal Offences Related to and Arising
from the Content of the Illegally Intercepted Communications (“Official Gazette of the Republic of
Macedonia” No. 159/2015).
28 SJO on 14 December 2015 informed the public that it had established jurisdiction over 34 cases,
among which was “Putsch” (http://www.jonsk.mk/2015/12/14/14-12-2015/), and on 21 December 2015
once again informed that it had asked the main hearing to be postponed since it needed to be fully
familiar with the contents of the evidence that were submitted to the Court, and which were not included
in the prosecutors’ case file that was submitted to SJO (http://www.jonsk.mk/2015/12/21/21-12-2015/).
29 After decisions to pardon were annulled and in order the procedure to continue, SJO to the Appellate
Court Skopje submitted a written proposal to abolish the decision of the Basic Court Skopje 1 Skopje
for the case “Putsch”, which had stopped the process under the decisions to pardon. See: http://www.
akademik.mk/osudeniot-vo-puch-zvonko-kostovski-treba-da-se-vrati-na-doizdrzhuvane-na-kaznata-
zatvor/.
30 See: http://www.jonsk.mk/2017/01/18/.
Court Skopje 1 Skopje, prior to the commencement of the main hearing,31 SJO withdrew the
indictment stating “The facts of the case outlined in the indictment do not corresponds to the
evidence obtained in our preliminary investigations pertaining to the illegal interception of
communications which try to uncover who, how and in what manner conducted the illegal
wiretapping in the Republic of Macedonia. The purpose of our decision is collecting addition-
al evidence that will fully clarify the facts and will enable rendering of a correct and lawful
prosecutorial decisions…. we cannot pursue an indictment which is contrary to the evidence
at our disposal and the investigations opened by us… we do not prejudge whether someone
is innocent or guilty by withdrawing the indictment in the case “Putsch”, but believe that the
full and accurate determination of the facts requires further evidence, which cannot be ob-
tained in the main hearing stage.” From such SJO decision, five documents were submitted for
withdrawal of indictment,32 which were subject of a complaint filed by MOI to the Council of
Public Prosecutors arguing that the withdrawal of the indictment was unlawful.33
In addition, concerning the Judgement IV KOK.PP. No. 131/15, SJO on 4 October 2016
by post send a Motion for protection of legality to the Supreme Court. The Supreme Court
received the Motion two days later, and asked SJO to submit the case records.34 However, the
Supreme Court still have not decided on the Motion, since the Basic Court Skopje 1 Skopje
to the SJO did not give the Minutes of the agreement regarding the convicted Z.K. (SJO asked
for the Minutes in September 2016).35 According to the media, there were illogicality and,
likely, a violation of the law, because Z.K. bargained with the Public Prosecutor and admitted
guilt for assisting in perpetration of the above mentioned criminal acts, however there was no
“main” accused and convicted person for the crimes when Z.K. plead guilty. So, there was an
accessory, but no convicted perpetrator.36
Therefore, several questions arise from the case “Putsch”, and especially from the Judge-
ment concerning Z.K.:
-- To whom Z.K. gave assistance in committing the criminal acts for which he was
sentenced to three years of imprisonment?
-- Who was the “main” perpetrator of the criminal acts if Z.K. was accessory?
-- Why the Judgment does not contain data about the foreign country, organization and
person that serves them, for which benefit Z.K. spied? The Judgement only uses the legal
formulation of the criminal act Espionage.
-- Since SJO withdrew the indictment concerning five accused persons, what shall happen
to the Judgement that convicted Z.K.? Namely, the Judgement verified the DPA based on Z.K.
guilty plea.
31 The mentioned LCP’s Article 352 states that if the plaintiff withdraws the indictment before the
commencement of the main hearing, the Presiding Judge of the Trial Chamber shall discontinue the
criminal procedure with a decision and shall deliver the decision to the parties and damaged party,
and also shall inform any persons who have been summoned to the main hearing thereof, if the main
hearing has already been scheduled.
32 More about the case “Putsch”, see: Public Prosecutor’s Office for Prosecuting Criminal Offences
Related to and Arising from the Content of the Illegally Intercepted Communications: Report on the
activities of the Public Prosecutor’s Office for Prosecuting Criminal Offences Related to and Arising from
the Content of the Illegally Intercepted Communication for a period of six months (for the period from
15.09.2016 to 15.03.2017), Skopje, 2017, pages 16-17.
33 See: http://telma.com.mk/vesti/sjo-kje-go-informira-sovetot-na-javni-obviniteli-zoshto-se-otkazha-
od-puch/.
34 See: http://www.vsrm.mk/wps/portal/vsrm/sud/vesti/.
35 See: http://sdk.mk/index.php/makedonija/vrhovniot-sud-ne-rasprava-za-barane-na-sjo-oti-
krivichniot-sud-ne-dava-zapisnik-od-puch/.
36 See: http://sdk.mk/index.php/makedonija/vrhovniot-sud-ne-rasprava-za-barane-na-sjo-oti-
krivichniot-sud-ne-dava-zapisnik-od-puch/.
-- Why did Z.K. plead guilty as an accessory? The weekly newspaper Fokus founds out that
Z.K. feared of liquidation, and that is why he decided to sacrifice three years of his life, and to
have peace when comes out.37
-- What shall happen with the Motion for protection of legality since LCP’s Article 457
prescribes that only the Public Prosecutor of Republic of Macedonia may file such motion to
the Supreme Court? On one hand, in the Law that establishes SJO there is no strict provision
that it has an authority to file such motion, and on other hand, there is a provision stating that
the Public Prosecutor that governs SJO is empowered to take action and to advocate in cases
before the basic courts, appellate courts and the Supreme Court (Article 5 Paragraph 3).
-- Under which provision MOI filed a complaint to the Council of Public Prosecutors
arguing that the SJO’s withdrawal of the indictment was unlawful?
-- Can the damaged parties file a complaint against SJO’s withdrawal of the indictment?
CONCLUSION
Insisting the criminal procedure to be efficient and economical led to a series of stud-
ies and analyses of the economic viability and advantages that characterize the bargaining
as a market mechanism to improve the quality of the criminal prosecution by reducing the
costs of the criminal procedure.38 There are many reasons in favour of accepting the plea
agreement: simplified procedure in cases where evidence for the committed crime is clear
and unambiguously corroborate the reasonable suspicion that the suspect has committed the
criminal acts for which he / she is charged; expected final outcome of the procedure which
reduces the suspect’s unpleasant situation of uncertainty about the criminal sanction that
shall follow after the end of criminal procedure; the realization of criminal justice is enabled
as quickly as possible, etc.39
It can be noted that the plea agreement procedure offers opportunities to accelerate the
criminal procedure, but on the other hand its implementation should be subject to strict con-
trol. For what kind of fast justice can we speak, when the procedure for the case “Putsch” is
being “dragged on”? Maybe the acceleration refers to the beginning when on the same day
the agreement was signed and submitted to the Court, the Court scheduled and held a hear-
ing, and afterwards ruled on the agreement. But, the same cannot say about the procedure
concerning the Motion for protection of legality. And finally, the bargaining’s illogicality is
emphasized in this case - the accessory is convicted, but there is no “main” perpetrator of the
criminal acts.
REFERENCES
1. Академија за судии и јавни обвинители: Модул 4 - Забрзани постапки - Прирачник,
Скопје, 2013.
2. Basic Court Skopje 1 Skopje: Judgement IV KOK.PP. No. 131/15, 25 February 2015.
37 See: Weekly newspaper Fokus (No. 1122 of 7 April 2017), page 15.
38 See: Government of the Republic of Macedonia: Draft-Law on Criminal Procedure (submitted to the
Assembly in July 2010; available on: http://www.sobranie.mk), page 251.
39 For more, see: Н. МАТОВСКИ / Г. ЛАЖЕТИЌ - БУЖАРОВСКА / Г. КАЛАЈЏИЕВ: Казнено
процесно право (второ изменето и дополнето издание), Скопје, 2011, pages 440-448.
3. BRASHEAR TIEDE, Lydia: An Analysis of Macedonian Sentencing Policy and Recommen-

dations for Future Directions: Towards a More Uniform System, Skopje, 2012.
4. BUZAROVSKA, Gordana / RE, David / KARNAVAS G. Michael: Plea bargaining - a
guidebook for practitioners, Skopje, 2010.
5. Criminal Code (“Official Gazette of the Republic of Macedonia” No. 37/1996, 80/1999,
04/2002, 43/2003, 19/2004, 81/2005, 60/2006, 73/2006, 07/2008, 139/2008, 114/2009,
51/2011 - two changes and amendments, 135/2011, 185/2011, 142/2012, 166/2012,
55/2013, 82/2013, 14/2014, 27/2014, 28/2014, 41/2014, 115/2014, 132/2014, 160/2014,
199/2014, 196/2015, 226/2015).
6. Government of the Republic of Macedonia: Draft-Law on Changing and Amending Criminal
Code (submitted to the Assembly in February 2013; available on: http://www.sobranie.mk).
7. Government of the Republic of Macedonia: Draft-Law on Changing and Amending Criminal
Code (submitted to the Assembly in December 2013; available on: http://www.sobranie.mk).
8. Government of the Republic of Macedonia: Draft-Law on Criminal Procedure (submitted to
the Assembly in July 2010; available on: http://www.sobranie.mk).
9. Law on Criminal Procedure (“Official Gazette of the Republic of Macedonia” No.
150/2010, 100/2012).
10. Law on Determining the Type and Meting Out the Degree of the Sentence (“Official Ga-
zette of the Republic of Macedonia” No. 199/2014).
11. Law on the Public Prosecutor’s Office for Prosecuting Criminal Offences Related to and
Arising from the Content of the Illegally Intercepted Communications (“Official Gazette
of the Republic of Macedonia” No. 159/2015).
12. МАТОВСКИ, Никола / ЛАЖЕТИЌ-БУЖАРОВСКА, Гордана / КАЛАЈЏИЕВ, Гордан:
Казнено процесно право (второ изменето и дополнето издание), Скопје, 2011.
13. Recommendation No. R (85) 11 on the position of the victim in the framework of criminal
law and procedure.
14. Recommendation No. R (87) 18 concerning the simplification of criminal justice.
15. Recommendation No. R (95) 12 on the management of criminal justice.
16. Recommendation No. R (87) 21 on assistance to victims and the prevention of victimization.
FREEDOM DEPRIVATION PUNISHMENT IN SERBIA
IN THE SECOND HALF OF 19TH CENTURY1
Assistant Professor Ivana Krstić Mistridželović, PhD
Academy of Criminalistic and Police Studies, Belgrade
Dušan Blagojević
Abstract: Freedom deprivation punishment in modern Serbia does not have the
tradition it has had in most European countries. During the first half of the nineteenth
century different forms of corporal punishment and death penalty prevailed in its
penal system, while freedom deprivation punishment served to ensure effectuation
of criminal sanction or debt payment. With penetration of the idea of humanization

of punishment in Serbia, freedom deprivation punishment gradually found its place
in the penal system. This process began with court verdicts that replaced crude
corporal punishment with imprisonment, continued with normative exclusion
of certain categories of persons from corporal punishment and subjecting them to
imprisonment and it was completed by including the freedom deprivation punishment
in the Criminal Code of 1860. Freedom deprivation punishment - as prescribed in the
Criminal Code - had three forms – “robija”, “zatočenje” and “zatvor” and became the
dominant penal sanction in Serbia in the second half of the nineteenth century due to
a large number of offences for which it was prescribed and court practice to impose it
whenever it was envisaged as an alternative sanction. It was a great innovation in the
penal system which implied existence of prison accommodation capacities adequate
to the new punishment purpose. Relevant state factors tried to harmonize realisation
of this penalty with the proclaimed penal principles, but their attempts had limited
scope primarily due to the lack of financial means. Despite numerous theoretical
works and specific proposals by the commissions established on several occasions by
the Ministry of Justice Serbia entered in a Yugoslav state with an unreformed penal
system, namely, without unique regulation on the system of realisation of freedom
deprivation punishment.
Keywords: freedom deprivation penalty, imprisonment, detention, jail, penal
institution.
INTRODUCTION
Criminal law in Serbia of the first half of the nineteenth century was incomplete and un-
systematic. Until the adoption of the Criminal Code in 1860, criminal regulations were scat-
1 This paper is the result of the research on the following project: “Crime in Serbia and instruments of
state response”, which is carried out by the Academy of Criminalistic and Police Studies in Belgrade
(2015-2019).
78 Ivana Krstić Mistridželović, Dušan Blagojević
tered in various prescripts.2 Different forms of closure are mentioned under different names
in ten regulations that formed the basis of contemporary criminal law.
During the period of the Serbian uprising there was the so-called “haps”, which was main-
tained in the courthouses or in separate dungeons which were being built at that time.3 Since it
was in a function of the execution of punishment with beating, freedom deprivation penalties
in general were short-term measures.4 During the first government of Milos Obrenovic, free-
dom deprivation penalty had a form of “haps” or imprisonment in heavy shackles.5 Instances
of sentencing to “haps” and imprisonment were not numerous because of the prevalence of
corporal punishment6 and serving the sentence in improvised prisons,7 usually basements or
shanties constructed along the buildings of the police and the courts. At that time, treatment
of a person sentenced to freedom deprivation was essentially determined by the attitude that
the state should not spend funds on supporting the prisoners whose work was used to gener-
ate income8 and recognized the need for separation of male and female prisoners.9 Separation
of prisoners prescribed in 1838 stipulated that hard core criminals, such as murderers and
violent robbers, should be in one class and that those who were sentenced to more lenient
corporal penalties for minor offences should be in another class.10
Transformation of Serbia in the legal state undertaken during the constitutionalists rule
implied also the penal reform. Although the general provisions of criminal law were com-
prehensively regulated,11 the number of criminalization increased and regulations were tech-
nically improved, the criminal justice system had not been completely shaped. The absence
2 In addition to Milos’s commands, commandments, instructions and constitutional laws, regulations,

decisions, orders and instructions, sources of criminal law were also the existing mores and the “voice
of conscience and common sense”. Драган Николић, Кривични законик Кнежевине Србије, Градина
1991, 37.
3 Зоран Мирковић, Карађорђев законик (кривично, породично и државно право устаничке
Србије), Београд 2008; Тома Живановић, Законски извори кривичног права Србије и историјски
развој његов и њеног кривичног правосуђа од 1804. до 1865 (= Зaкoнски извoри), Посебна издања
САНУ, књига CDVIII, Одељење друштвених наука, књига 59, Извори српског права I, Београд
1967.; Велибор Б. Савић, Карађорђе, Документи I (1804-1809), Горњи Милановац 1988, 432 (док.
бр. 252).
4 Зоран Мирковић, Казна лишења слободе у Србији 1804-1860. године, Зборник радова Правног
факултета у Новом Саду, 1/2013, стр. 155-170.
5 Since the Duke Petar Cukić in 1820. acquired 10 pieces of fetters from Zemun, shackles were used in
Serbia. Вукашин и Никола Петровићи, Грађа за историју Краљевине Србије, I, Београд 1882, 247.
6 In Belgrade pashaluk 1826 there was no more than 15 “arestant”. Јоаким Вујић, Путeшeствиje пo
Сeрбиjи, Будим 1828, 373. In the largest prison in Kragujevac in 1833, there were 11 convicts in the
long imprisonment. Мита Пeтрoвић, Финaнсиje и устaнoвe oбнoвљeнe Србиje, I, Бeoгрaд 1897, 612.
7 Prisons were “towers fall and brothels”. Владимир Јовановић, Зaтвoри у Србиjи, у: „Привaтни
живoт кoд Србa у 19. вeку“, Бeoгрaд 2006, 685.
8 Едикт за чланове магистрата од 1. јануара 1828. и Дужности чланова нахијских судова од 8.
јула 1833., Тома Живановић, Зaкoнски извoри, 67, 84. The costs of sustemamce for poor prisoners,
who received only bread and water, were covered from charity, then from prisoner incomes, and since
1846 from the state budget. Иван Јанковић, Женско апсеничко радилиште у Пожаревцу 1848–1852,
Годишњак за друштвену историју 3, 2013, 12-13. Уредба о давању апсеника на рад од 8. априла
1842., Зборник закона и уредаба за Кнежевину Србију (=Зборник), II, 180.
9 In 1828, it was stipulated that women accused of murder must be detained in jails until sentencing,
while others had to be detained in the houses of local officials or priests. Тома Живaнoвић, Зaкoнски
извoри, стр. 69. In 1836, it was resolved that jails for women should be built in all the districts near
the court, as “brothel-like” pits secured the timbers. Циркулар Управителнога совјета од 19. марта
1836, Зборник, XXX, 107. A decree of 1840 ordered the courts strictly to take care that “inmates do not
commit adultery”. Ђорђе Петровић, Речник закона, уредби и уредбени прописа и пр. и пр. издани у
Књажеству Србије од 1827 до 1854 (= Речник), Београд 1856.
10 Одлука од 15. маја 1838., Тома Живановић, Законски извори, стр. 117.
11 Станко Пихлер, Основне црте у развоју кривичног права Србије од 1815. до кодификације из
1860. године, Анали Правног факултета у Београду, бр. 1-2, 1974, 150-151.
FREEDOM DEPRIVATION PUNISHMENT IN SERBIA IN THE SECOND... 79
of basic criminal law limited the scope of the criminal provisions, scattered in numerous
regulations which constituted a framework of criminal law in Serbia.12 The arrangements for
justices of the peace from 1839 envisaged that each municipality must have a “cottage-like jail,
conveniently built” close to the court.13 Regulation on district courts from 184014, whose pro-
visions over the next twenty years were the cornerstone of criminal justice and the judiciary in
Serbia, predicted conscript labour, incarceration, and prison as forms of freedom deprivation
penalty, but the minimum and maximum penalties were not specified. The practice of using
convicts’ work continued, but the important step forward was the prohibition to use a defen-
dant’s work before the verdict becomes executive.15
Jurisprudence that significantly influenced the reduction of cruel penalties prescribed in
the Regulation for punishing thieves and robbers from 184516 and Criminal law for burglary
and theft from 1847 expanded the scope of freedom deprivation penalty.17 When there were
mitigating circumstances, the courts imposed a freedom deprivation penalty instead of the
death penalty and punishment of running the gauntlet, considering that in spite of the exist-
ing criminal laws they can judge according to their “conscience and common sense.”18 Police
Regulation from 1850 allowed replacement of penalties for the police offenses, so the corporal
punishment for perpetrators of ill health and poor perpetrators were replaced by imprison-
ment.19 Law on replacing corporal punishment in 1853 created the legal basis for a wider ap-
plication of freedom deprivation penalties.20 The courts were authorized to impose a penalty
of imprisonment on those offenders who would not be able to withstand the punishment of
running the gauntlet, while the death penalty was frequently replaced by the freedom depri-
vation punishment in the amnesty process.21
Due to an increased number of prisoners, jails were built “from strong thick timbers”,
mainly with three rooms, of which one was for women, in most districts of Serbia in the
mid-nineteenth century. The penetration of European ideas about more humane treatment of
12 Закон војени из 1839., Устројеније судова окружни из 1840., Закон о бунтовништву из 1843.,
Уредба о казнењу крадљиваца и лопова из 1845., Казнителни закон за поаре и крађе из 1847.,
Уредба о томе како ће полицајне власти с полицајним преступницима поступати и како ће их
оне казнити и Казнителни законик за полицајне преступке из 1850., Уредба о поступању судова
при кривичном суђењу из 1852. и Закон о замени телесне казне из 1853.
13 Приврeмeнo устрojeниje и круг деjaтeлнoсти примиритeлних судoвa oд 17. јула
1839., Зборник, I, 236.
14 Зборник, I, 182.
15 Закон за неупотребљавање окривљеника на рад пре извршителне пресуде од 16. маја
1845., Зборник, III, 57.
16 Уредба о казнењу крадљиваца и лопова од 22. маја 1845., Зборник, III, 48.
17 Казнителни закон за поаре и крађе од 26. маја 1847., Зборник, IV, 28.
18 An order to determine the proportion of punishment and guilt until law regulation according to the
“common sense, natural understanding of justice and conscience” from the Regulation of district courts
from January 26th, 1844 and the Decision which lays down the rules for trial and accountability of judges
from February 22nd 1844 were legally abolished in regulations from 1845 and 1847, but in spite of that
fact the courts practiced it.
19 Уредба о томе како ће полицајне власти с полицајним преступницима поступати и како ће их
оне казнити од 18. маја 1850., Зборник, V, 205-206.
20 Закон о замени телесне казне од 31. јануара 1853., Зборник, VII, 28-33. The Decision of May 6th
1859 abolished all forms of flogging punishment and replaced them detention or imprisonment. In
addition to the reasons mentioned in the introduction of the decision - that the flogging is against the
spirit of the time, that it “degrades the feeling of humanity” and that it causes “loathing in people” - an
important reason for its abolition was the frequent inability to find people required to carry out these
penalties. Зборник, XII, 40.
21 Mirkovic quotes the number of convicts whose sentence to death was commuted to a sentence of
imprisonment: 35 persons in 1853, 55 persons in 1854, 63 persons in 1855, 48 persons in 1856, 61
persons in 1857, 64 persons in 1858 and 68 persons in 1859. Зоран Мирковић, Казна лишења слободе
у Србији 1804-1860. године, 161-162.
prisoners in Serbia faced the so-called constitutionalists with a need to structure penal insti-
tutions on modern penal principles. An attempt to resolve the issue in principle was made by
prescribing the Structure of Experimental Economy in Topčider Penitentiary 185122, which
was to serve a new punishment purpose – compulsory re-education of convicts and remission
through work, instead of former sheer intimidation and neutralization of public danger. The
tendency of the suppression of the death penalty and corporal punishment by the freedom
deprivation penalty, which continued in the sixth decade of the nineteenth century, required
broader approach to the issue of prison planning and execution of freedom deprivation pun-
ishment. Since there were no other penal institutions except Topčider, those sentenced to
freedom deprivation penalty were kept where the country needed free labour, which prevent-
ed uniform treatment of convicts based on a particular system.
Relevant state factors were aware of the need to structure penal institutions in Serbia in
accordance with modern penal ideas and practical experiences of developed countries. In the
first theoretical work on the penal institutions in Serbia, published in 1858, Stojan Veljkovic
recommended “the system of isolation” as a base for the prison treatment, complemented by
“a limited system of joint work” and the classification of prisoners in the prison.23 That same
year he made the first project of the law on execution of prison sentence, which failed
because the Soviet did not accept it.24
FREEDOM DEPRIVATION PUNISHMENT

AFTER PASSING THE CRIMINAL CODE IN 1860
Passing the Criminal Code in 1860 created the basis for prescribing regulations on ef-
fectuation of freedom deprivation punishments. Forms of freedom deprivation punishment
prescribed in the Criminal Code were conscript labour, incarceration, and imprisonment.
The conscript labour was the most severe form of freedom deprivation penalty, because in
addition to the closure, it meant forced labour and wearing shackles. The incarceration was
freedom deprivation punishment limited in time (from two to 20 years) without any addi-
tional load. The imprisonment was imposed for minor offenses for a period of 35 days to five
years with compulsory labour. According to offenses division into three types, the Criminal
Code stipulated that punishments for crimes were conscript labour and incarceration, for
misdemeanours imprisonment longer than one month and a fine upward of 300 dinars and
for infringement up to one month of imprisonment and a fine up to 300 dinars. The stipulated
replacement of corporal punishment with imprisonment was directed towards the humaniza-
tion of punishment.
At that time, freedom deprivation punishments were served on the premises of the police
authorities, district courts, county jails and penitentiaries, of which there were only two in
Serbia - one in Topčider and another in Ćuprija. The criminals sentenced to hard labour and
incarceration dwelled in facilities previously built for other purposes (for example Belgrade
Fortress and Gurgusovac Tower). The hard labour sentence was served in casemates where
prisoners were separated only by gender at first, and later by age as well. Inmates sentenced to
hard labour got food and clothing from the state and were employed in public works outside
22 Legislative decision of 29 November 1851 authorized the Ministry of Interior to issue a temporary
Structure of the economy in Topcider. Зборник, VI, 65. Based on that, the Structure of Experimental
Economy in Topčider was issued on December 20th, 1851. Зборник, XXX, 317-328.
23 Стојан Вељковић, О апсанама, Гласник Друштва српске словесности, свеска X, Београд 1858,
278-295.
24 Тихомир Васиљевић, Ђорђе Д. Ценић – Развој кривичноправне мисли у Србији XIX века, САНУ,
Одељење друштвених наука, Извори српског права VII, Београд 1987, 232.
the casemates or handcrafts for the state.25 The incarcerated convicts initially served their
sentence in special jails or private penitentiary departments, and then in penitentiaries. They
wore their own clothes and ate at their own expense and had the work obligation only in case
state fed them because of poverty. Prisoners served their sentence in court and police prisons
if the penalty was imposed for infringement and in penitentiaries if they were punished for
misdemeanours. Those convicted of infringements wore their own clothes, ate at their own
expense and were not obliged to work, while the perpetrators of misdemeanours wore pris-
oner clothing and ate prisoners’ food.26 Priests and officials were exempt from compulsory
labour due to their position and weak and sick prisoners due to their health status.
Since it was not stipulated in which penitentiary the inmates from certain places would
serve their sentence, courts decided on sending convicts to a particular penal institution.
As far as there were no firm rules for serving a sentence, there was no further classification
of convicts in a penitentiary except separation by gender - all convicts served their time to-
gether: adults and minors, those convicted of minor offenses and hardest criminals, the ones
convicted for the first time and multiple recidivists, mentally healthy and ill.27 It was a rather
primitive “system” of common prison, where the existing rules on serving the sentence of
freedom deprivation was in practice interpreted by the warden of the institution at his own
discretion.
Aspirations of Prince Mihailo toward enlightenment brought some progress in the penal
system as well. The issue of judicial treatment of detainees was resolved in 1865,28 and the
Assembly held in 1867 proposed the reform of penitentiaries in the sense that they “could
serve as schools for correcting the prisoner.”29 From the reports of the Ministry of Justice from
1864 to 186730 it is obvious that convicts sentenced to hard labour and incarceration served
their punishments in the Topčider penitentiary and Kragujevac Foundry, while the women
and juvenile prisoners served their penalties in Ćuprija until 1866, when they were moved to
Požarevac.31 The women convicts were placed in the same house with men convicts,32 which
caused many difficulties to the administration of a penitentiary institution. Their transfer to
the state stables next to the penitentiary in 1870 was a forced solution,33 and the problem was
25 According to the Decision of May 20th 1861 the guard was authorized to kill the convict “if he attacked
him or he wanted to kill him, and there was no other way he could overcome him”. Зборник, XIV, 92.
26 Правила о издавању хране осуђеним, који казну издржавају у окружним местима и за оне, који
се шаљу у апсанско заведење, док се код начелништва налазе, као и за време путовања њиног до
апсанског заведења и пропис о подвозу осуђеника од 23. фебруара 1861., Зборник, XIV, 13.
27 Since the Metropolitan Petar opposed to accommodation of mentally disordered offenders in
Studenica monastery, the problem was solved only just on March 3rd 1861, when the Institute for
mentally disturbed was established. Зоран Мирковић, Војислав Станимировић, Оснивање ’Дома за
с’ ума сишавше, Теме, бр. 3, јул – септембар 2012., 1339-1354.
28 Правила о томе, како ће се обдржавати притворени код судова окружни за време кривичног
ислеђења и суђења од 29. новембра 1865. The court detainees were given “about one kilo of bread and
water per day”; if they did not have their clothes, the court supplied them with clothes made of rough
fabric and with one blanket to cover if the weather was cold. Српске новине, бр. 5 од 15. јануара 1866.
29 Предлог јагодинског проте Јована Јовановића. Протоколи редовне Народне Скупштине
држане о Миољу-дне 1867. у Крагујевцу, Београд 1867, 13.
30 Извештај министра правде од 25. септембра 1867. о раду и стању правосудне струке поднет
Народној скупштини по заповести кнеза од времена велико-госпојинске скупштине, Зборник,
XX, прилог.
31 Заведење затвореника да се премести из Ћуприје у Пожаревац,а у Ћуприји да издржавају
казну женске и малољетници ма на какву казну осуђени били од 21. септембра 1865., Зборник,
XVIII, 162. The penitentiary in Požarevac was housed in abandoned military barracks built during the
first government of Prince Milos.
32 Милутин А. Поповић, Албум Женског одељења пожаревачког казненог завода са статистиком,
I, Пожаревац 1898.
33 Архив Србије (=АС), Министарство унутрашњих дела–Полицајно одељење (=МУД-П), 1870,
Ф XI, 71.
finally solved by constructing new buildings for female convicts in 1874. The lack of space
hampered organization of work in the penitentiary, and the convicts who were taken outside
to work frequently escaped. It was necessary to build new institutions in which it would be
possible to achieve the purpose of punishment, but the state budget did not allow it.
The Great Assembly held in Topčider after the assassination of Prince Mihailo in 1868 de-
manded that the prisoners be transferred from the penitentiary in Topčider, which the Prince’s
assassins had come from.34 This was done in 1869.35 Recognizing that the unsettled situ-
ation in penal institutions requires an urgent solution, on October 7th 1868 Minister
of Justice Đorđe Cenić, although busy organizing the trial for the assassination of
Prince Mihailo and making a new constitution, issued the Regulation of the domestic
order for the Požarevac penitentiary,36 which stipulated issues of admission, treat-
ment, maintenance, labour, disciplinary punishment, reward and release of prisoners
and prescribed measures to maintain order and security in this institution.37
Police officers escorted convicted offenders to the penitentiary, where they were received
by the accountant. A convict was then registered in the book of convicts which included a
detailed personal description, data on crime and punishment; the convict was then searched,
medically examined, trimmed, shaved, bathed, dressed and duly informed on prison rules.
The first three days he spent in a cell for “newcomers” to see “what his nature is like, how
healthy he is, what the level of his corruption is, what labour and doctrine he knows, and
what labour [...] was the most suitable for him”38, and based on that the administrator decided
whether he would stay in a cell or placed in a common prison. When determining what class
and group the convict was to be assigned to, the administrator had to pay particular attention
not to put accomplices into the same group or those who had previously been in a cell with
those who had not.39
Adult males convicted to hard labour served their sentence either in the cell or in com-
pany by day and alone in the cell at night, or in company divided into classes and groups. All
those “who were convicted for heavy crimes, or were obviously corrupted” had to endure
cell prison from six months to two years.40 Closing in a cell at night for a period from one
to six months with the daily labour in company was reserved for those who had previously
been in cell and to those for which the administrator with relevant officials of penitentiary
so resolved. A convicted offender had to spend six months in the cell and thereafter the pen-
34 Ljubomir Radovanović and Lazar Marić who participated in the assassination of Prince were
prisoners in Topčider penitentiary, while its administrator Svetozar Nenadović facilitated the meetings
of the conspirators in the penitentiary, so the public was convinced that the penitentiary was a school
for training criminals.
35 Пресељење робијаша из Топчидера у Град београдски, АС, Министарство правде (=МП), 1848,
бр. 376. Милан Дамјановић, „Поглед на београдски казнени завод за 1869. год.“, Српске новине,
бр. 58-68 од 15. до 27. марта 1883.
36 Правила Бр. 3590, у: Збирка кривичних закона, уредаба, правила, упутстава и расписа допуњујућих
Казнени законик и Кривични судски поступак Србије, са коментарима Т. Живановића, Београд 1921.,
241-268.
37 The Rules prescribed by Cenić, whose validity later extended to the penitentiaries in Belgrade and
Nis, remained in force in Serbia until 1929, when Yugoslav Law on execution on freedom deprivation
penalty was adopted. Српске новине, бр. 138 од 21. октобра 1868.
38 Српске новине, бр. 138 од 21. октобра 1868.
40 The hardest crimes were “treason, intentional murder, robbery, arson and dangerous theft”. Equal
treatment was given to those who were “in return and in coincidence with more serious crimes”. The
administrator - in consultation with officials of the penitentiary - decided which convicts should be
held in the prison cell as villains. Detention in a prison cell was not intended for “convicts with physical
defects, of poor health and over 50 years old, because loneliness is harmful for the weak and old, and,
in addition to this, the chance that the old could be corrected is poor”. Српске новине, бр. 139 од 22.
октобра 1868.
itentiary council resolved “if this isolation should end before two years expired or continue
depending on the convict’s behaviour”.41 If the council decided that there is no need for fur-
ther isolation, the convict came into the first class, as well as a convict who spent two years in
cell prison. Finally, cell prison for a period from six months to two years was the most severe
disciplinary punishment.42
Common prison consisted in the fact “that more convicts work, eat, talk and stroll togeth-
er.” These prisoners were divided into three classes, with several groups (bunches) in every
class.43 The first class consisted of those who had previously been in a cell and those who
could not be placed in a cell. Convicts had to spend six months in this class and thereafter - if
well-behaved - they were moved to the second class. The convicts spent at least 12 months
in the second class and, if well-behaved, they were transferred to the third class, where they
remained to the end of the period they had been sentenced to. A convict who had served two
years in the third class and behaved well during that time could perform tasks outside the
penitentiary.44
House rules were the same for all convicts in prison. Prescribed labour time was every
day from five o’ clock in the morning to seven o’clock in the evening, both in summer and
winter, with breaks for meals.45 The prisoners were given three meals. Those who performed
hard labour also received certain allowances, and ill convicts were given the dishes that the
doctor prescribed.46 Prisoners from the third class who behaved well received “12 ½ drachms
of brandy” or “one cigarette” every other day.47 Cells and labour rooms were sparingly heated
in winter, and in the bedrooms the fire was lit only by night.48 Labour rooms were lighted
with oil lamps and bedrooms with tallow candles. Convicts were taken out for fresh air twice
a day.49 All convicts under the age of 30 years had to go to school, except those who were
relieved of that obligation due to their illness. Going to church and listening to sermons was
compulsory for all convicts, and prisoners convicted to hard labour had to receive Commu-
nion twice a year (during the Christmas and the Easter fast).50
The convicts younger than 30 had to learn a craft that was carried out in the penitentiary
- “carpentry, blacksmithing, tailoring, weaving, shoemaking, matting, basket knitting, mak-
ing wood car, dung forks, shovels and spoons”, while the others were obliged to do domestic
labour.51 All convicts had to labour for the state and penitentiary needs. If the state had no
labour to employ them, convicts could work for private persons, and if there were no such
engagements, the prison administration would get raw materials for making things that were
sold afterwards.52 For each working day convicts received reward: those in cells 10, those in
the first class 20, those in the second class 30, and in a third class 40 hundredths of a dinar,
with the possibility of increasing by 10 more. Half of the prize was given to the convicts, and
the other half was kept as a deposit until their release.

42 Српске новине, бр. 141 ид 25. октобра 1868.
46 The convicts were given only bread for breakfast and snack, and in the evening they were given meat
broth (approximately ¼ litre) with bread. Stewed vegetables that were alternately given to convicts were
cabbage or sauerkraut, spinach, beans, lentils, rice and pea which had to be “well cooked and seasoned”.
47 Српске новине, бр. 148 од 12. новембра 1868.
During their leisure time, the convicts could write letters, which were sent only after hav-
ing been read and approved of by the administrator or the priest. Letters and packages were
delivered to convicts only after checking their contents by the administrator or priest.53 Pris-
oners had to be quiet and obedient, and any violation was punishable. Penalties included
reprimands, visit and correspondence prohibition, seizure of labour rewards for up to 3 days,
food reduction up to a half for a period of one to five days, closing in a separate cell for those
who work in the community for up to five days, the ban on leaving the cell for up to three
days for those who labour in the cell and closing in a dark cell for two days (the last three
punishments could be increased by reducing the food to half for up to five days). Corporal
punishment was prohibited, but guards had the right to use “weapons always with care” to
defend themselves.
Some rooms “on the healthiest and cleanest place in the penitentiary” had to be arranged
so as to accommodate 20-30 sick convicts,54 while those suffering from “dangerous infectious
diseases” had immediately to be forwarded to the city hospital. The dead convict whom the
family did not want to take over was buried at a penitentiary cemetery.55 Two days before the
release a teacher and a priest taught the convict about his future behaviour and the peniten-
tiary administration sought to find him a convenient job. If the discharged convict had no his
own money, it was given to him from the penitentiary fund established for that purpose, and
if the convict had extra money it was sent to the local authorities “so that he would not spend
it along the way.”56
Juvenile convicts were subjected to the same rules, with the following differences: shorter
closing time in a cell, compulsory apprenticeship and less severe disciplinary punishment.57
Female convicts that were strictly separated from male convicts were subjected to the same
rules, too, with the following differences: penitentiary staff had to be women, time in the cell
prison was the same as for juveniles, they worked different jobs, attended only two years of
school and were disciplinary punished as juveniles.58
Soon after the Regulation, Cenić initiated a project which, on May 22nd 1869, became the
Law on conditional release of culprits from prisons.59 Only the convicts sentenced to hard
labour or incarceration for more than two years or a prison longer than 12 months which
proved to be good workers and were expected to live an honest life and behave well when
releaser, and who have served half of their sentence (if recidivists, two thirds) and during all
that time behaved so that “they might reasonably be considered to have actually been correct-
ed”, could be conditionally released. Conditional release would be interrupted if the convict
did not behave well, if he committed even the smallest offence or if there was a reasonable
suspicion that he did such a thing, if he wandered without any business or could be reasonably
suspected of not subsisting himself in an honest way, if he continued friendship with suspi-
cious company or convicted criminals and serious offenders in spite of warnings of municipal
or police authorities, or if he changed place of residence without the permission of the local
police authorities. Time spent out of prison did not count in time of serving the sentence to
the convict returned to the penitentiary. Decisions on conditional release were made by the
Minister of Justice after hearing a special committee, while the decision on abolition of the
conditional release was made by the local police authority or administration of a penitentiary,
57 Food reduction up to half could not last longer than two days as well as closing to the cell of those
who work together. Full isolation was excluded, as well as stricter detention in a cell. The closure in the
dark cell was limited to one day. Српске новине, бр. 151 од 19. новембра 1868.
59 Зборник, XXII, 34-37.
against whose decisions the convict could appeal to the Minister of Justice. As early as 3 June
1869 Cenić issued the instructions for the execution of the law of 22 May 1869 under which
the culprits were conditionally released from prisons.60 Despite the minister’s warning not
to propose convicts for the conditional release based only on the expiry of the prescribed
penalty time, i.e. to do so only in exceptional cases, administrators of penitentiaries used this
new institute to relieve overcrowded penitentiaries so that the exemption practically became
the rule.
Aware that the progress in the execution of the freedom deprivation punishment sentence
cannot be achieved only by prescribing regulations, in his second ministerial mandate Cenić
worked on building new penitentiaries.61 Towards the end of 1873 a Fund for building-up
penitentiaries was established on his initiative. The Fund formed by savings on certain expen-
ditures for the maintenance of the prisoners and earnings from convicts’ labour was entrusted
to the Directorate of funds until sufficient money was raised for building a new penitentiary.
The assets of the Fund rapidly increased: 16,000 dinars in 1873, 15,847 dinars in 1874.62 In
1883 the sum in the fund amounted to 777,998 dinars63, in 1885, there were 850,000 dinars64,
and at the beginning of 1900 there were 3,000,000 dinars. That amount, however, was never
used for building a penitentiary since it was made available to the Minister of Army for mili-
tary purposes in 1900.65
Anticipating an increase in the number of prisoners due to the definitive abolition of cor-
poral punishment, Cenić tried to solve the problem of accommodation facilities by separation
of male and female prisoners. At his proposal, a new building was constructed in Pozarevac
in the autumn of 1874 to serve as a women’s prison, which had ten rooms, cells for solitary
prison, four labour rooms, a separate room for the accommodation of ill convicts and also a
waiting room, kitchen, office and apartment for the supervisor.66
From the autumn of 1875, when Cenic retreated from the position of the Minister of
Justice, until the beginning of the twentieth century there were no regulatory changes in the
penal system of Serbia, but the question of penitentiaries during all that time was of primary
importance. Aware that the establishment of a system for serving a sentence of imprisonment
in accordance with modern theoretical and practical experience of advanced European coun-
tries was impossible without adequate space, competent state authorities discussed the pos-
sibility of establishing modern penitentiaries. Expert commissions formed in the Ministry of
Justice in 1885, 1889-1891, 1897 and 1899 worked on the reorganization of the penitentiaries
in which the freedom deprivation punishment would be served in accordance with the new
progressive system, but the proposals and plans they made remained without results mostly
due to the lack of money, so that arranging the system of prisons, although placed among the
most pressing national needs for decades, made little progress.67
The most important improvement was the insertion of another phase in the process of
serving the freedom deprivation sentence, which was not only the result of an effort to bring
serving prison sentence in Serbia closer to the model of a progressive system adopted in the
60 Упустства под Бр. 2055, Збирка кривичних закона, 179-208.
61 Протоколи заседања Народне скупштине, 1873., 321, 469; Зборник, XXVI, 53-54; Тихомир
Васиљевић, Ђорђе Д. Ценић – Развој кривичноправне мисли у Србији XIX века, 235.
62 Извештај министра правде поднет Народној скупштини 15. августа 1875.
63 Миленко Жујовић, Поглед на стање наших казнених завода за 1883-1884-1885, Бранич, бр. 2
из 1887.
64 Извештај министру правде о раду на реформи наших казнених завода од 17. јула 1890., АС,
МП, 1908, Ф XXX, 26.
65 Закон о изузимању фонда за казнене заводе од Управе фондова, а за потребе војске од 29.
јануара 1900, Зборник, LVI.
66 Драган Фелдић, Стари Пожаревац, Пожаревац 1992, 213.
67 Милан Дамјановић, Погледајмо опет мало на наше казнене заводе, Бранич, бр. 20 из 1887, 675.
exemplary prisons in European countries, but also of the objective need to relieve peniten-
tiary capacities. The Minister of Justice prescribed Rules on serving prison sentences outside
penitentiaries in 1883, under which the prisoners who had to serve less than a month’s sen-
tence and sentenced to a prison term of less than six months served their sentences at the
police authorities instead in the penitentiary. The rules also predicted that the adult convicts
from Knjaževac, Krajina, Kruševac, Aleksinac, Crna Reka, Niš, Pirot, Toplica and Vranje dis-
trict should serve their sentences in the Niš penitentiary (founded in 1878), convicts from
all other districts and female convicts from all over Serbia in Pozarevac penitentiary, while
juvenile convicts served in Belgrade penitentiary.68 It was rather complicated to distribute
convicts among the three existing penitentiaries according to the type of sentence they were
to serve. The penitentiary in Požarevac was originally meant for housing the prisoners, while
sentences of imprisonment and confinement were served in the penitentiaries in Belgrade
and Nis. From 1898, detainees and from 1902 juvenile prisoners were also sent to Požarevac
penitentiary, while the penitentiary in Belgrade hosted both juvenile and adult inmates, and
the one in Nis only adult convicts sentenced to hard labour.
CONCLUSION
In the nineteenth century, Serbia had no structured system of serving freedom depriva-
tion punishment. In the absence of a unified Criminal Code and with the prevailing belief that
the purpose of the penalty was retribution and intimidation, which resulted in the prevalence
of capital punishment and various forms of corporal punishment in the first half of the nine-
teenth century, little thought was given to the system of execution of the freedom deprivation
punishment, which, as a secondary criminal sanction, was imposed only sporadically. Mod-
ern ideas about correcting the perpetrators of crimes and humanization of prison treatment
that penetrated into Serbia in mid-nineteenth century led to the realization of the anachro-
nism of its penal system and caused the desire for Europeanization of punishment. The rele-
vant state factors have succeeded in adopting a unified Criminal Code which created a reliable
legal basis for the establishment of a system of execution of prison sentence, but the lack of
money in the state budget was an insurmountable obstacle to the reform of the penitentiaries.
The gradual expansion of the field of application of freedom deprivation punishment, which
was consequence of normative changes and even more so due to changes in judicial practice,
was not accompanied by a matching increase in prison capacities, and after the definitive
abolition of corporal punishment the problem of accommodating inmates serving lengthy
sentences of imprisonment became a pressing matter. Due to overcrowded penitentiaries
presented an increasing health hazard for the prison population and the prisoners were all
trying to rescue themselves from the inhumane conditions in which they were serving their
sentences by frequently escaping. Starting from the 1880s, the state tried to solve the question
of penitentiaries in a comprehensive manner, and on several occasions seriously worked on
a penal reform. Since the reform, in addition to regulatory changes, included building new
penitentiaries, all plans were left outside the scope of the latched state budget which always
had to meet some “pre-emptive needs”.
The extensive use of conditional release and temporary repairs that were carried out on
the existing penitentiaries were forced solutions with which Serbia entered the twentieth cen-
tury. Work on the new Criminal Code initiated in 1908 resulted in the 1910 project which
provided for serving the freedom deprivation punishment following the progressive system.69
68 Правила о издржању затвора изван казнених завода од 17. августа 1883. године № 2990, АС,
МП, 1883, 6; Зборник, XXXIX, 215.
69 Душан Умићевић, Системи извршивања казни лишења слободе, Сарајево 1938, 136.
The enactment of this project was thwarted by the advent of the war period. A significant
step forward was made in 1909, when the municipality of Pozarevac ceded land in Zabela for
building a juvenile penitentiary,70 which was completed in June 1912.71 All this, however, was
not enough to establish a unified system for the execution of the freedom deprivation sanc-
tion. Serbia entered the joint Yugoslav state with the regulations on penitentiaries older than
half of a century and unreformed penitentiaries.
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MODERN WOMEN OR POOR LADIES:
FEMALE CRIMINALITY IN THE REPUBLIC OF
MACEDONIA
Angelina Stanojoska, PhD
Assistant Professor at the Faculty of Law,
University “St.Kliment Ohridski” - Bitola, Republic of Macedonia
JulijaJurtoska, MSc
Faculty of Law,
University “St.Kliment Ohridski” - Bitola, Republic of Macedonia
Abstract: Women, as in many other areas, were mostly evaded and poorly researched
in the area of criminological researches. In the past there were different opinions
suggesting that women cannot commit crimes or such that suggested that they were
absent from criminal world. But, there were also opposite ones concluding that
females were worse criminals than males, and that they mostly committed abortions
and infanticides. Others beside the already mentioned crimes add prostitution as one
of the most common deviant behaviors known to women.
The paper analyzes women’s criminality in the Republic of Macedonia in a 15 years
period, using data from the State Statistical Office from the period between 2001
and 2015. It analyzes the most important phenomenological characteristics, such as
volume, dynamics and structure of female criminality connecting them with current
social and cultural positions of women in our country.
Key words: crime, phenomenology, position, social, women.
INTRODUCTION: WOMEN’S POSITIONS AND THE GENDER -

CRIME RATIO IN MACEDONIAN SOCIETY
Proclaiming itself as modern one, Macedonian society is still struggling between patriar-
chal relations and gender equality. Women are still underpaid for the same job positions men
have (State Statistical Office of the Republic of Macedonia, 2016), they are perceived as less
worthy, the ones with “long hair, but short mind” (Macedonian proverb).
Although, fewer female children graduate from secondary schools (47%), data shows
that more women (54%) enrol Universities, even higher percentage graduate (57% are wom-
en), but still the employment rate among women (33.7%) is lower than the one among men
(50.5%). The activity rate for women is even lower (44.9%) than the one of men (68.9). The
differences between rural and urban areas represent a very difficult social situation for women
that are not unknown to our territories and have roots in socially divided relations in tradi-
tional families. The activity rate among women in rural areas is 38.7% and the employment
rate 29.6%, on the other hand, in urban areas the former is 49.6% and the latter is 36.7% (State
Statistical Office of the Republic of Macedonia, 2016).
90 Angelina Stanojoska, JulijaJurtoska
The number of women working at Universities is lower than the one of men, 2095 men are
academic staff opposite of 1885 women. Women are mostly clerical support workers, tech-
nicians and associate professionals, service workers, shop and market sales workers. They
occupy less than 20% of job positions such as legislators, senior officials and managers (State
Statistical Office of the Republic of Macedonia, 2016).
Gender of criminal offenders has never been an independent determinant, but it has al-
ways been connected with social, economic, cultural, political and other conditions. Since
past times until today, they have shown that crime is a male’s occupation. Some authors give
ratio of 1:5 for women and men as convicts; 1:20 for women and men as inmates and 1:20
for juvenile females and males (Arnaudovski, 2007; Stanojoska, 2011; Aslimoski&Stanojoska,
2015). Such differences are known as “gender gap” or “ratio gender - crime”. Women commit
fewer and less serious crimes; they withdraw without hesitation; they reach critical age ear-
lier than men and rarely commit professional crimes (Maguire, Morgan, Reiner, 2010; Asli-
moski&Stanojoska, 2015). It is a result of the different nurturing of genders. Girls are educat-
ed to be calm and nice, in contrary boys should be strong. Many authors find those differences
in natural role of women to be pregnant. It is not only connected with their sexual nurturing
and education, but also to the whole social codex (Sutherland &Cressey, 1978; Stanojoska,
2011; Aslimoski&Stanojoska, 2015).
Women are exemption in the criminal world, such as crime is an exemption in societies
(Lombroso, 1876; Konstantinovic - Vilic, Nikolic - Ristanovic, Kostic, 2010). As in other so-
cial areas, women’s percentage in the area of criminal behaviour is much lower than the one
of men.
Figure 1: Total number of convicted perpetrators, convicted men and women
in the period 2001 - 2015, in the Republic of Macedonia
(State Statistical Office of the Republic of Macedonia)
The ratio between women and men between 2001 and 2015 oscillates between 5.27 in
2001 as the lowest and 10.66 in 2014 as the highest ratio. The average number of convicted
women in the 21 year-period is 554 women a year, which is around twelve times lower than
the one of men.
MODERN WOMEN OR POOR LADIES: FEMALE CRIMINALITY IN THE REPUBLIC... 91
PATTERNS OF WOMEN’S CRIMINALITY

IN THE REPUBLIC OF MACEDONIA
Criminological researches through the years have shown many differences between men
and women regarding their criminality. Biological, psychological, social and feminist theories
are trying to explain women’s criminality using different factors, but all of them are united in
their conclusion that both genders have different patterns inside their criminal behaviour and
activity. Women are the other side of the coin, mostly found as victims of crimes and rarely
as offenders.
Table 1: Convicted offenders rate and convicted women rate per 100 000 criminally liable
citizens, and convicted women rate per 100 000 criminally liable women
in the Republic of Macedonia
Number of Number ofNumber
Total
Total number number of convict- convict-
of Total number Total Total convicted ed
of criminally criminally perpetra- ed women women
of criminally number of num-
liable/respon- tors per per
Year sible citizens liable men liable women convicted ber of per
100 000 100 000 100
(Age 14 years (Age 14 (Age 14 years perpetra- convicted criminal- 000
criminal-
years - - more) tors women ly liable
- more) ly liable criminal-
more) citizens ly liable
citizens women
2007 1 667 690 830 604 837 086 9639 622 578 37 74
2008 1 678 404 835 865 840 539 9503 635 566 38 76
2009 1 689 265 841 122 848 143 9801 695 580 41 82
2010 1 698 313 845 516 852 797 9169 669 540 39 78
2011 1 706 069 849 304 856 765 9810 661 575 39 77
2012 1 711 140 851 792 859 348 9042 624 528 36 73
2013 1 717 353 854 737 862 616 9539 701 555 41 81
2014 1 721 528 856 864 864 664 11683 1126 679 65 130
2015 1 726 369 859 324 867 045 10312 865 597 50 100
The rate of convicted women from 2007 until 2015 follows the general trends of con-
victed offenders. Namely, when the total number of convicted perpetrators is going up, then
the number of convicted women is also higher than the one from the previous year. But, we
should not forget and mention the decline between 2014 and 2015 when there is a drop of
the number of convicted women for around 25%. Analysing it, we came to a conclusion that
starting from 2014 a lot of women have been convicted for the crime of Use of a document
with false contents. During this period the state made changes in the Law for health insurance,
asking people to sign a statement regarding their income in the previous year. Many women
gave false information and were reported and convicted later on. After 2015 every criminal
process regarding these crimes were stopped and those women were not convicted. The al-
ready convicted women for these crimes during 2014 and 2015 should have been erased from
the criminal evidences and records, but until today the state did not undertake such steps.
The percentage of women in conviction rates in other Balkan countries (in 2010) is 6.8%
(270 convicted offenders per 100 000) in Albania, 6.6% in Bulgaria (517 convicted offenders
per 100 000), 10.2% in Croatia (547 convicted offenders per 100 000), 11.7% in Greece (384
convicted offenders per 100 000), 9.8% in Serbia (319 convicted offenders per 100 000) and
10.9% in Slovenia (411 convicted offenders per 100 000). Macedonia’s percentage of convicted
women in 2010 is 7.2% from 540 convicted offenders per 100 000 criminally liable citizens
(European Institute for Crime Prevention and Control, 2014). The developed countries have
higher percentages of convicted women, which is expected knowing how women’s situation is
different compared to the one in developing and less developed countries. For example, Ger-
many has 18.8% women from 994 convicted offenders per 100 000 citizens, Finland 19.8%,
Denmark 18.9%, Sweden 17.4%, Austria 14.5% (European Institute for Crime Prevention and
Control, 2014).
Table 2: Base and Chain Index of the total number
of convicted perpetrators and convicted women
Year Total number of Base Chain Base Chain

convicted perpe- Women
index index index index
trators
2001 5952 77.19 91.62 298 53.79 83.47
2002 6383 82.78 107.24 374 67.51 125.5
2003 7661 99.35 120.02 394 71.12 105.35
2004 8097 105 105.69 463 83.57 117.51
2005 8845 114.71 109.24 574 103.61 123.97
2006 9280 120.35 104.92 560 101.08 97.56
2007 9639 125 103.87 622 112.27 111.07
2008 9503 123.24 98.59 635 114.62 102.09
2009 9801 127.10 103.13 695 125.45 109.45
2010 9169 118.91 93.55 669 120.76 96.26
2011 9810 127.22 106.99 661 119.31 98.8
2012 9042 117.26 92.17 624 112.63 94.4
2013 9539 123.71 105.5 701 126.53 112.34
2014 11683 151.51 122.48 1126 203.25 160.63
2015 10312 133.73 88.26 865 156.14 76.82
Table 3: Structure of women’s criminality in the Republic of Macedonia
(between 2001 and 2006)
Year
Crimes
2001 2002 2003 2004 2005 2006
Total number of convicted women 298 374 394 463 574 560
Crimes against life and body 42 44 44 43 60 52
Murder 2 5 3 3 / 3
Murder under sudden passion 1 / 1 / 1 /
Voluntary manslaughter 1 / / / 1 /
Infanticide 1 1 2 / / 2
Bodily harm 29 24 25 35 38 35
Grievous bodily harm 5 5 6 3 8 3
Participation in a brawl / / / / 6 3
Threatening with a dangerous instrument during a 1 5 5 2 4 6
brawl or a quarrel
Crimes against freedoms and rights of humans and 2 4 5 16 6 9
citizens
Crimes against work relations 2 1 2 4 1 1

Crimes against honor and reputation 29 33 42 37 45 27
Defamation (I и III), (II) 6 5 5 9 14 8
Insult 23 27 37 27 31 18
Crimes against sexual freedom and sexual morality 2 4 1 2 6 7
Crimes against marriage, family and youth 24 35 40 42 53 61
Abduction of a child 8 15 17 13 8 10
Neglecting and mistreating a child (I и II) 7 12 13 11 25 23
Non-payment of maintenance 4 7 7 10 13 15
Crimes against human health 8 7 8 11 18 7
Crimes against environment and nature 1 8 / / 2 1
Crimes against public finances, payment operations 18 15 30 30 42 26
and economy
Counterfeiting money 5 4 9 5 10 6
Tax evasion 7 5 11 10 16 10
Crimes against property 69 112 111 129 163 159
Theft 28 44 42 53 74 68
Aggravated theft 11 24 22 21 30 32
Robbery 2 1 3 / 1 2
Armed robbery 1 / / / 1 1
Embezzlement (IV) 11 9 4 17 11 8
Fraud 10 24 30 28 37 33
Crimes against official duty 13 10 5 9 19 14
Misuse of official position and authority 6 7 2 4 14 8
Crimes against the administration of justice 6 5 4 7 8 11
Crimes against the public order 8 10 13 18 22 34
Autocracy 2 3 7 9 9 21
Crimes against legal transactions 26 35 28 33 42 48
Falsifying a document 24 33 28 31 41 46
Crimes against the general safety of people and 2 1 5 1 4 /
property
Crimes against traffic safety 42 47 40 55 51 70
Endangering traffic safety 42 46 40 55 51 70
Crimes against the armed forces 1 1 1 / 1 /
Table 4: Structure of women’s criminality in the Republic of Macedonia

(between 2007 and 2015)
Year
Crimes
2007 2008 2009 2010 2011 2012 2013 2014 2015
Total number of convicted women 622 635 695 669 661 624 701 1126 865
Crimes against life and body 34 40 61 62 50 63 55 63 61
Murder / 1 1 2 1 2 2 / 3
Infanticide 1 / 1 / 1 / / / /
Bodily harm 25 33 46 46 43 50 43 51 48
Grievous bodily harm 4 4 8 7 4 4 5 7 3

Participation in a brawl 1 1 2 1 / 4 4 / 1
Threatening with a dangerous instru- 2 / 2 4 1 3 / 5 6
ment during a brawl or a quarrel
Crimes against freedoms and rights of 8 14 19 15 14 13 18 19 19
humans and citizens
Endangering of security 5 6 9 7 8 8 9 10 13
Crimes against elections and voting / / 1 3 / / 2 / /
Crimes against work relations / / / 2 1 6 / 1 3
Crimes against honor and reputation 39 45 38 38 30 37 5 / /
Defamation 6 11 8 10 11 9 / / /
Insult 33 31 30 27 18 28 5 / /
Crimes against sexual freedom and 7 2 2 2 / 4 5 2 /
sexual morality
Crimes against marriage, family and 59 53 45 58 56 48 53 56 64
youth
Abduction of a child 17 17 17 13 19 16 9 12 14
Neglecting and mistreating a child 13 16 16 19 5 7 10 11 6
Non-payment of maintenance 23 11 6 16 22 20 21 26 37
Crimes against human health 5 9 14 6 31 22 12 14 13
Unauthorized production and release
for trade of narcotics, psychotropic sub- 4 6 11 6 18 18 10 11 13
stances and precursors
Crimes against environment and 1 3 6 3 1 3 3 3 /
nature
Crimes against public finances, pay- 27 34 19 24 28 25 44 38 34
ment operations and economy
Counterfeiting money 4 5 4 8 5 6 8 5 5
Tax evasion 12 13 3 9 12 10 22 16 17
Crimes against property 179 196 243 229 213 189 286 289 352
Theft 93 109 109 90 86 64 100 99 107
Theft of electricity, heat energy or natural / / / / / / / 42 56
gas
Aggravated theft 28 25 33 34 26 62 66 49 77
Robbery 1 2 4 3 1 3 2 4 1
Armed robbery / / 3 / / / 1 / /
Embezzlement 6 10 10 9 6 5 11 10 8
Fraud 38 35 45 41 46 43 72 48 57
Unauthorized use of a motor vehicle / 2 1 / 2 / / 1 /
Concealment 7 2 6 9 7 3 5 6 21
Crimes against official duty 18 35 23 21 28 32 27 46 43
Misuse of official position and authority 11 25 20 15 15 21 20 35 23
Crimes against the administration of 15 11 19 18 20 20 18 20 14
justice
False reporting of a crime 12 5 12 10 7 6 14 16 8
Crimes against public order 37 28 25 18 22 18 19 42 30
Obstructing an official in the perfor- / 7 2 2 5 3 3 8 5
mance of official duties
Act of violence 3 2 3 2 4 7 5 6 4
Autocracy 25 10 11 2 3 2 2 1 4
Crimes against legal transactions 65 47 50 63 63 47 36 414 142
Falsifying a document 56 44 45 59 55 45 29 41 26
Use of a document with false contents 8 2 3 3 4 1 6 373 115
Crimes against the general safety of 3 / 7 5 3 10 9 11 9
people and property
Crimes against traffic safety 104 106 114 95 97 83 104 105 71
Endangering traffic safety 103 105 114 94 97 82 104 105 71
Crimes against humanity and interna- 2 3 5 2 2 2 5 3 10
tional law
Women in Macedonia are mostly convicted as perpetrators of property crimes. Crimes

against property are mostly committed by women who are of Macedonian ethnic origin. But
there is also another part of these crimes - Roma women. They commit frauds in a role of
soothsayers; have a low level of education which makes their employment hard or merely
impossible. Being illiterate, unemployed and poor those women in most cases are marginal-
ized, symbolically abused and perceived as social “trash”. Such positions make them suitable
to become criminals.
The other part of property crimes is committed by women with dominantly higher level of
education (secondary school or faculty diplomas). They use their facilities services and do not
pay for them afterwards; selling apartments which are not their own; or promising working
positions abroad.
Regarding thefts their locus operandi are factories or houses where they work. They steal
cables or iron products and sell them.
Violent crimes or crimes against life and body are the best example of social pressure that
Macedonian women are feeling in everyday life. Namely, because of patriarchal relations in
Macedonian communities, women are supposed to stay at home, give birth and take care of
children, not pursue a career, be obedient and respect the spouse and his parents; also they
must take care of their home. These relations and general views in some occasions create
objective strains (with their actions that are opposite to these beliefs, women are perceived as
deviant and “modern”) which can result in criminal actions. The research results show that
in 4.91% of the analysed cases (the crimes are bodily injury and grievous bodily injury) the
perpetrator and the victim are members of the same family. The process of committing the
crime is a result of dysfunctional family relations, because of the attitude and actions of the
wife/daughter-in-law is seen as unfit to the traditional role of a wife and is disliked by most
members of the community. These objective strains create subjective strains in the lives of
Macedonian women, which emerge as a form of dislike to the events and conditions given
by society. The data has shown that women who have been victims of emotional and in some
cases physical violence because of their role of “modern” wives and daughters- in- law, felt
subjective strains that have been directed towards committing crimes such as bodily injury
and grievous bodily injury in the area of domestic violence. Their victims in each case have
been family members who criticized and humiliated them and their “modern” way of life
(Stanojoska, Jurtoska, 2017). As Agnew explained it is the strain women feel that predominate
and predict their criminal behaviour.
As we already mentioned, the high number of crimes against legal transactions are the
result of the health care reforms in Macedonia. Women who gave false information regarding
their yearly income were convicted between 2014 and 2015.
There are also a high number of crimes against marriage, family and youth, in which
cases women mistreat their children (in most cases it is the alarm and starting point for do-
mestic violence) or women do not pay maintenance for their children after they divorce their
husbands. Female offenders of these crimes are mostly poor, with lower levels of education,
financially dependent.
The general picture for female offenders in the Republic of Macedonia draws a woman
which is marginalized; she has lower levels of education and is unemployed; she is given the
position of a housewife, and her only role is to give birth to children; she shouldn’t pursue a
carrier; she is financially dependent. Obviously, social and cultural positions of females in our
society are the core of problems regarding their criminality.
Table 5: Recidivism among female offenders in the Republic of Macedonia,
between 2001 and 2015
Total number of convic- Convicted for Convicted for
tions Previously Convicted for
Year similar of- similar and for
All Females convicted other offences
fences other offences
2001 5952 298 22 14 6 2
2002 6383 374 20 8 11 1
2003 7661 394 12 4 4 4
2004 8097 463 22 18 4 /
2005 8845 574 41 23 18 /
2006 9280 560 42 22 16 4
2007 9639 622 50 28 19 3
2008 9503 635 32 18 13 1
2009 9801 695 48 19 26 3
2010 9169 669 41 25 16 /
2011 9810 661 49 27 19 3
2012 9042 624 43 25 18 /
2013 9539 701 42 22 18 2
2014 11683 1126 58 40 17 1
2015 10312 865 69 44 23 2
Recidivism is the key point which shows how much the re-socialization process has been
successful or not. Analyzing the data from the State Statistical Office, we may conclude that
women are rarely recidivists, and in the cases when they are, they commit similar offences
which make them special recidivists. In these cases the institutional treatment and the post
penal one did not fulfill their primary goals. After leaving the penitentiary institutions, wom-
en are back in their old environment. Even in cases they have changed, their environment had
not which makes things difficult.
CONCLUSION
Being the others in criminal statistics, women have rarely been a point of interest in crim-
inological researches. In most cases if they have been analyzed, their criminal activity was
researched through the prism of infanticides, abortions or prostitution. Using their social
positions and the roles of housewives, without any important functions inside communities,
females were never perceived as the dominant gender and the criminally “dangerous” ones.
Patriarchal relations inside Macedonian society are deeply rooted and their influence is
inevitably high in the process of “forming” possible female criminals. Statistics show low ed-
ucated women, mostly between the age of 30 and 59 years. They are mostly property crime
offenders, poor, uneducated, unemployed; they commit thefts, aggravated thefts and frauds.
They are also perpetrators of crimes connected with family, either mistreating their children
or not paying alimentation. And last but not less important there are the violent crimes which
are in most cases a direct consequence of the financial dependence of women, their impossi-
bility to pursue careers, the communities expectances from females, their predestination to
be mothers, take care of their children, help their husbands to continue their family name, to
stay at home and be housewives.
Can female criminals be perceived as Merton’s rebels or are they the new offenders built
on the male criminal models? And is it male dominance that pushes females towards victims’
side or is it the starting point of criminality as freeing act? Can we speak for “modern” women
born through the years of strain and dependence?
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Република Македонија, Скопје, 2008, 2010, 2012, 2013, 2014, 2015, 2016.
16. Државен завод за статистика на Република Македонија, Процени на населението
според полот и возраста, по општини и по статистички региони, Скопје, 2007,
2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015.
17. Државен завод за статистика на Република Македонија, Сторители на кривични
дела во 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013,
2014, 2015 година, Скопје, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,
2012, 2013, 2014, 2015, 2016.
18. Станојоска А. и Аслимоски П., Криминологија, Правен факултет Кичево, Битола, 2015.
PREDICTIVE POLICING RESEARCHES IN HUNGARY
Dr. Szabolcs Mátyás PhD police major, senior lecturer
National University of Public Service Faculty of Law Enforcement (Budapest)
e-mail: [email protected]
Abstract: Criminalistics is developing continuously as many new policing methods are

being elaborated. Predictive policing, which was developed in the US approximately
one and a half decades ago, is one of these methods. Predictive softwares predict where
criminal acts are expected as well as who are expected to be victims based on past
events by means of mathematical algorithms. Primarily it were universities and big
companies that developed computer programs which were able to predict consumer
behaviour based on the models of the private sector. So, the idea of creating models
by using a wide range of data and use these models in order to predict consumer
habits, behaviours and forecast future trends was first used in commerce. Big chain
stores started predictive analyses in order to determine their future sales strategies
based on the results. Law enforcement borrowed the idea to use predictive softwares
from commerce. In the beginning this method was used in the US and it spread over
to Canada, Western European countries, and Australia, where it was also applied
successfully. Due to predictive policing the crime statistics improved a lot and the
number of criminal acts decreased meaningfully. This method is applied the most
successfully in case of serial crimes; for example robbery, theft, homicide, sexual
crimes, etc. As specialists dealing with predictive policing have declared several times
in the past, predictive policing should not be considered as a “crystal ball” that tell
where the offender is. It is just a method that can help law enforcement in crime
prevention. Unfortunately this method is practically unknown in Central Europe. As
long as I know it is not applied in maintaining law and order. In my study and in
my lecture I would like to introduce this new method of criminalistics and how it is
applied in Hungary.
Keywords: Predictive Policing, prediction, Criminalistics, Police Studies, serial crimes,
spatial crime.
INTRODUCTION
It can sound as commonplace that within the field of science there is not a single moment
to let off the pace of research. It is especially true for the past period when science has prac-
tically developed day by day. It is no different with criminalistics where the latest inventions
in natural sciences, IT etc. help the police officers’ work.1 Adopting these novelties and inven-
tions is indispensable during the everyday work since people working in law enforcement can
find themselves in insurmountable competition disadvantage over the criminals.2
The Hungarian Law Enforcement higher education tried to keep up with the scientific and
technical developments to the extent of their personal and financial resources. However, in
recent times such a high number of impulses have arrived that it has been getting more and
more difficult to keep up with the latest investigation techniques and technical novelties that
1 Sallai, J. (2015): 5-28

2 Mészáros, B. (2016): 72-80. and Hautzinger Z. (2015): 122-129
100 Szabolcs Mátyás
appeared in the Anglo-Saxon law enforcement.3 By realising this, the Faculty of Law Enforce-
ment Science of the National Public Service University founded its own Institute of Criminal-
istics and within this the Department of Policing Strategies. The primary task of the depart-
ment is – besides its teaching activity – to find and map the latest scientific fields and research
methods within law enforcement which can aid a more efficient operation of law enforcement
in Hungary, too. One of these fields quite unknown in most countries is predictive policing,
which is being introduced to the professional and interested audience within the framework
of this study. Predictive policing is an individual subject within the Masters programme of the
National Public Service University in the 2017/2018 academic year.
WHAT IS PREDICTIVE POLICING?

Unfortunately it can be stated safely that predictive policing is a practically totally un-
known notion in Hungary. It can be proven clearly by the fact that Google search engine did
not find a single match to the combination of words above. If we want to give an exact defini-
tion for the notion of predictive policing then it is useful to rely on definitions present in for-
eign (mainly American) literature. But just to calm ourselves even in the USA the definition
of this notion is not unequivocal either. As Kristina Rose, the director of National Institute
of Justice mentioned it at a Predictive Policing Symposium organized by NIJ if we asked ten
people in the USA what predictive policing is we would receive ten different answers.4
Let’s look at what Predictive Policing – The Role of Crime Forecasting in Law Enforcement
Operations the first book written on the subject and until now the most often cited, means by
predictive policing.5 “Predictive policing is the application of analytical techniques – partic-
ularly quantitative techniques – to identify likely targets for police intervention and prevent
crime or solve past crimes by making statistical predictions.” 6 Predictive softwares can be
used in several areas thus they are capable of predicting crimes and victims. (Table 1.)
Table 1.: Law Enforcement Use of Predictive Technologies: Predicting Crimes7
Predictive Analytics
Conventional Crime Analysis (low to
Problem moderate data demand and complexity) (large data demand and
high complexity)
Advanced hot spot identifi-
Using historical crime Crime mapping (hot spot cation models; risk terrain
data identification) analysis
Using a range of additional Basic regression models created in a Regression, classification,
data (e.g., 911 calls, economics) spreadsheet program and clustering models
Accounting for increased risk Assumption of increased risk in areas Near-repeat modeling
from a recent crime immediately surrounding a recent crime
Graphing/mapping the
Determine when areas will Spatiotemporal analysis
frequency of crimes in a given area by
be most at risk of crime methods
time/date (or specific events)
Identify geographic Finding locations with the
features that increase the risk greatest frequency of crime Risk terrain analysis
of crime incidents and drawing inferences
3 Recently a new trend can be observed, since nowadays tactical proving methods are being effaced by
technical proving methods (Girhiny, K. (2015): 89-99)
4 Rose, Kristina (2009): 15
5 Perry, W. L. et al (2013): 189
6 Perry, W. L. et al (2013): 1-2
7 Perry, W. L. et al (2013): 10
PREDICTIVE POLICING RESEARCHES IN HUNGARY 101
THE RELATIONSHIP OF PREDICTIVE POLICING

WITH PARTICULAR SCIENTIFIC FIELDS,
ITS PLACE WITHIN LAW ENFORCEMENT SCIENCE
Maybe it would be too early to talk about predictive policing as an individual scientific
field or discipline since this research method is only a decade long. As long as the develop-
ment of predictive policing remains undiminished in the coming years still it would be better
to look at it as an intersubdiscipline since its subject, terminology, methods, scientific theory
principles are based and depend on the research of other scientific fields.
About its relationship with other scientific fields we can say that predictive policing – ac-
cording to the author – is set on the edge of several disciplines out of which the most marked
are criminalistics and IT. The set section of criminalistics and IT gives the common set that is
predictive policing. We can detect relationship between predictive policing and several fields
of law enforcement science as well among others with criminology, criminal psychology, se-
curity policy, criminal andragogy8 etc. Examining predictive policing from an IT aspect we
can state that it is mainly GIS the field it has a close relationship with. In this context mathe-
matics and statistics are those fields which it has a close connection to.
To sum up we can state that predictive policing – despite its strong IT orientation – can be
classified among the criminal sciences. It is obvious though that the subject is set on the edge
of several disciplines out of which the most marked are criminalistics and IT.
THE ROOTS OF PREDICTIVE POLICING

To predict the number of crimes law enforcement experts and researchers have dealt with
the statistical and spatial analysis of certain delicts for decades now (see: crime mapping,
criminal prognostics). It was the last decade when the interest for analytical tools rose signifi-
cantly, which were able to draw useful conclusions from huge data sets. How did these ana-
lytical methods come about? As well as with other innovations used during law enforcement
we can also say about predictive policing that it was the civil sphere that developed the basis
of the method driven by economic interest while later on by realizing the efficiency of the
method law enforcement started using it.
It was mainly universities and bigger companies which created computer programmes
based on models of the private sector which could anticipate customer behaviour. It was the
world of trade where the idea was born that with a wide range of data input we can create
models about customer habits, customer behavior and the expected trend changes.
The bigger store chains started predictive analysis in order to define their future sales strat-
egies after receiving the results. In the predictive analysis of trade Walmart, the US-owned
giant enterprise had a pioneering role. The company analysed weather data in order to decide
what kind and what amount of products should be stored in a bigger amount. They recog-
nized that when certain weather events happen (sudden cold or heat, huge rainfall, strong
wind etc.) the demand for certain products grows in an extreme measure (e.g. mineral water,
duct tape, fruit biscuits, strawberry). As long as they know the coming weather then they can
prepare in time for the expected demand growth and by this the expected demand for certain
products can be predictable. According to Walmart analysts in the case of certain products
there is a clear correlation between the weather and the quantity of the purchased products
8 Miklósi, M. (2013): 163-176

(e.g. mineral water) but there are products which require a more thorough statistical analysis
which examines consumer habits in a more detailed way (e.g. fruit biscuits). By realizing
the effectiveness of the method certain researchers tended to discover analogies between the
predictable consumer habits and crimes thus they made computer analyses to “predict” and
prevent crimes.
The methods targeting the prediction of crimes have long been available however, modern
technology only recently developed mathematical algorithms which are connected to this. In
connection with the creation of predictive policing model we must mention the name of Wil-
liam J. Bratton who was the Chief Police officer of Los Angeles. In 2008 Bratton spoke widely
about the successes of LA Police Department mentioning a new method which was used to
predict gang wars and tracking real time crimes. In the testing and further development of
the method Bratton worked closely with the director of Bureau of Justice Assistance, James
H. Burch II as well as with the director of National Institute of Justice (NIJ) Kristina Rose so
that they study the new concept and draw conclusions for the law enforcement agencies. They
organized two symposiums at NIJ during this time. The first was held in November 2008 in
Los Angeles where in her opening speech Kristina Rose emphasized the catalysts role Bratton
played in putting predictive policing in the forefront. She also mentioned that already at that
time there was huge interest in getting to know this new method across the USA. Among
others the leaders of Boston, Chicago, LA, Metropolitan DC, New York Police Departments
and Maryland State Police indicated that they would take part in a predictive policing re-
search and they would be willing to be sample areas of the experimental researches. Besides
the police profession organisations soon the media showed great interest as well as executives
of software manufacturing and private security companies.
The second symposium was held in Providence (Rhode Island) where a general agreement
was reached that it was necessary to continue and develop predictive researches. Participants
emphasized that later results could only be achieved if data sharing between law enforcement
agencies happened, regionalization was strengthened and a strong analyzing capacity was
established.
In the next two years following the second symposium there was a booming rise of inter-
est in predictive policing. One of the reasons for this was partly the exaggerating effect of the
media concerning predictive methods. Several TV stations and newspapers (CBS Evening
News, the New York Times and NBC Nightly News) have reported about a predictive software
package called PredPol (or at least hinted at) as something which can predict precisely where
crimes take place. IBM, in one of his commercials, basically stated it as a fact that a police offi-
cer –thanks to data analysis – had appeared at the crime scene before the criminals appeared.
Naturally, predictive methods have found their real places and roles by now and it has
become clear for professional participants that predictive policing alone cannot abolish crime
though it can be a fairly useful tool besides the traditional methods.9 We can say that there
is a wide range of groups in the USA by now which for one reason or another show vigorous
interest in the topic among others people who work in law enforcement, researchers, govern-
ment officials, crime analysts, software manufacturers and human rights organisations etc.
THE MYTHS CONNECTED TO PREDICTIVE POLICING

Predictive policing has also fallen into the trap – through no fault of its own – like several
new therapy, technical innovation or invention that it has spread like wildfire thanks to the
selfish interest of the media which presented it as a new method that basically can decrease
9 Pearsall, Beth (2010): 16-19
the number of crimes by itself. Thanks to this predictive policing has received significant me-
dia coverage in a short time. Myths were born in connection with the new law enforcement
method and such expectations were composed which totally ignored reality. A false and un-
derlying assumption was developed in certain circles that mathematical and IT background
alone is enough to decrease the volume of crime.10 But it became clear in no time that predic-
tive policing – as the authors of Predictive Policing – The Role of Crime Forecasting in Law
Enforcement Operations put it – is not a crystal ball which shows where the criminals are.
Let’s see what are the most common myths connected to predictive policing.
1. The computer knows the future.
2. The computer does everything instead of us.
3. The application of predictive policing is costly.
4. The precise predictions automatically lead to a significant decrease in crime.11
THE HUNGARIAN APPLICATION

OF PREDICTIVE POLICING
When I tried to get to know the predictive method more thoroughly the most obvious
solution seemed to be to get in touch with the American experts. I contacted several experts
through mail but I did not receive any answers. I called the phone numbers on the PedPol
website but in vain, could only talk to the answering machine. I left a message but they never
called me back or sent an e-mail. Then I tried to look for someone among Hungarian experts
doing research in different areas who can provide any significant information. This is how I
first found the well-known Hungarian mathematican, László Mérő (1949) who after I had
outlined what I had read in the American literature said that that these are all based on math-
ematics and their foundations are probability theory and average value calculation. Mérő said
that he also used a programme which tried to predict at Budapest Water Authority where a
water pipe would develop a fault. Both processes are practically based on the same logic.
I continued the “investigation” and thus found the ex-head of department of the 3rd Dis-
trict of the Budapest Police Headquarters about whom a colleague of his said that had written
some kind of computer programme which could predict where cars would be stolen. That is
how I got to the now retired Ferenc Traub police major.
The history of Hungarian predictive policing and this study become interesting from this
point. In the beginning of the 2000s a lot of cars were stolen in Budapest and especially in the
3rd District. No day went by without 2-3 cars being stolen in the district so the positions of
the captain and its deputy were both in danger. The only thing they could do was to come up
with a method that would decrease the number of stolen cars. There were not enough police
officers so they had to find another method.
The deputy of the police station who dealt with IT as a hobby started to write a programme
which was based on the calculations of probability theory and average value calculation and
on past events and could forecast when and what kind of crime would happen in the district.
10 Pearsall, Beth (2010): 16-19

11 The book of title „Predictive Policing - The Role of Crime Forecasting in Law Enforcement Operations,
Rand Corporation” written by Walter L. Perry et al have been invoked in chapters 3-4.
THE PREDICTIVE SOFTWARE IN PRACTICE

Let’s look at the application possibilities of predictive software from the practical point of
view, what we can specifically use it for. One of the main areas of use is action plan. If we ask
police officers who make action plans what they base their action planning on then unfortuna-
tely the majority of them would answer where the most crimes happened the day or the week
before. Unfortunately it can be done only superficially because of the workload. On what other
principles can public service be organized? Crime mapping can also be ranked among the more
modern proceedings. There are several undisputable advantages of crime mapping though the
fact is that a map is static in itself since it can record only a given moment of the past (period of
time). To define the optimum patrol routes and posts you need much more than that. Predictive
policing gives help in this. The preparation of police actions and patrolling cannot be a mere
routine. It has to be logical and contextual. Low police resources have to be used in the most
optimal way. The programme entitled BÖBE started in 2006.12 At that time the database already
stored data from 2004 and at present the system contains criminal statistics from the past one
and a half decade. One of the advantages of the programme is that its handling is very easy to
learn. Entering new data in the system can be done in ten seconds so it does not provide extra
burden on the staff. BÖBE gives prediction in the case of five crime types which significantly
affect the subjective feeling of security, these are: car breaking, car theft, robbery, burglary, tricky
theft. The programme marks out the future spot from past data.
According to the hypothesis of Ferenc Traub some criminals or criminal groups will not
commit crimes one day and repeat it at the same place the following day. He was right. After
committing crime criminals usually change the place of crime, as they expect police patrolling
at the place where they committed criminal acts. (This is the reason why it is often inefficient
to organize police actions based on crime mapping.) Based on the predictive method (if suf-
ficient police resources are available) 80 % of crimes are predictable. However, unfortunately,
only 6-8 streets allocated by the software can be controlled safely due to the low police re-
sources. In case of a single pair of patrolmen has to check an area of 15-20 streets, it has a high
risk that they cannot catch the criminal(s), even if the softer predicted it.
The programme asks the officer on duty how many vehicles can be used the given day
in the service. The programme marks out those 6-8 streets separately for two police vehicles
where according to the forecast the most crimes may occur. The streets belong to one vehicle
are close to each other. The programme gives the most suitable time for the action e.g. that the
most robbery at the given area can be expected on Wednesday between 6 and 10 pm.
What can police expect from the software? It can predict where, when and what kind of
criminal acts are likely to be committed. It can indicate where the different types of criminal
acts will occur. Furthermore, it provides information about where and what type of criminal
activities can expected per streets.
The programme in 2008 also located the most optimum place to install CCTV cameras.
Later on the installments of CCTV cameras were also done by the help of BÖBE.
The software can be used efficiently only if criminal data is refreshed every day. It is the
officer in duty who enters the fresh criminal data in every shift. It is very important to enter
accurate data (type of criminal act as well as exact time and address where it was committed)
into the software otherwise it will return incorrect prediction.
12 The name of the programme - BÖBE - was given after Ferenc Traub’s wife. The creators of the
programme had been developing the software for long months. They had been working on it after duty
and often until dawn. During their strenuous work it was Böbe who created the calm background for the
creative work with her tasty dishes. In gratitude the creators named the software after her.
Currently the software is not connected to any databases. New criminal acts have to be
entered into the software manually daily. However, the long term plan is to integrate BÖBE
into RobotZsaru (the software used by Hungarian police). As soon as this happens the place
where criminal acts have been committed will be available automatically, as a result of which
crime prediction will be easier.
And what were the results? Within three years the number of crimes declined by 75 %. At
present the “problem” is that there are too few crimes so the programme has to examine a time
frame of several years to give the optimum areas. The programme was introduced to foreign
police officers who attended Sziget Festival in the same district and then took it with them to
France, Germany, Poland and the Czech Republic.
SUMMARY
The first part of the study defined and introduced the notion of predictive policing and
the circumstances in which it was born. Then it showed those areas where predictive policing
method can be used in the everyday law enforcement. Though we cannot and should not
formulate irresponsible expectations in connection with predictive policing. The method has
been tried out and worked in practice but we cannot expect a “miracle” from it. Primarily
it helps to complement the earlier investigative methods, it requires correction, supplement
and development in several areas. Furthermore, the study showed that almost at the same
time with the American programmes, but independent of it a predictive software forecasting
crimes was created in Hungary, as well though its use was not widespread.
REFERENCES
1. Girhiny, Kornél (2015): A nyomozások új irányvonalai. A technikai jellegű bizonyítási
módszerek dominanciája. Magyar Rendészet 15(2) NKE szolgáltató Nonprofit Kft., Bu-
dapest, pp. 89-99
2. Hautzinger, Zoltán (2015): A bűnügyi nyomozás elmélete: Gondolatok Fenyvesi Csaba A
kriminalisztika tendenciái című műve alapján. In: Belügyi Szemle pp. 122-129.
3. Mészáros, Bence (2016): A kriminálstratégia szerepe a bűnözés elleni küzdelemben. In:
Belügyi Szemle. pp. 72-80.
4. Miklósi, Márta (2013): A kriminálandragógia, kriminálpedagógia alapvető fogalmai:
nevelés a büntetés-végrehajtási intézetekben. In: Képzés és Gyakorlat 1-4. pp. 163-176.
(http://trainingandpractice.hu/kurrens-folyoirat - 03. 04. 2017)
5. Pearsall, Beth (2010): Predictive Policing: The Future of Law Enforcement? National Insti-
tute of Justice Journal. pp. 16-19.
6. Rose, Kristina (2009): Predictive Policing Symposium: Opening Remarks, November 18,
2009 and June 2-3, 2010 (http://www.nij.gov/nij/topics/law-enforcement/strategies/pre-
dictive-policing/symposium/openingrose.htm - 02. 02. 2017)
7. Rubin, Joel (2010): Stopping Crime Before It Starts. Los Angeles Times (http://articles.
latimes.com/2010/aug/21/local/la-me-predictcrime-20100427-1 – 03. 03. 2010)
8. Sallai, János (2015): A magyar rendészettudomány etablációja. in: Belügyi Szemle, pp. 5-28.
9. Walter L. Perry, Brian McInnis, Carter C. Price, Susan C. Smith, John S. Hollywood (2013):
Predictive Policing - The Role of Crime Forecasting in Law Enforcement Operations,
Rand Corporation, 189 p.
RIGHT TO SECURITY
AND ANTIQUITIES SMUGGLING
Antonios Maniatis, LLD1
University of Applied Sciences, Athens
Abstract: Literature is rather apprehensive to recognize the existence of a constitutional

status, as far as the human right to personal security of private individuals is
concerned. Quite the opposite, it puts the stress on the protection of data of personal
character. However, the creation of the European Union area of freedom, security
and justice is an important development in the history of the protection of human
rights. This space is strictly related to the fight against crime (terrorism, organized
crime exemplified by antiquities smuggling, cybercrime etc.), let alone piracy. A
military European operation off Somalia, called ‘’Operation Atalanta’’, copes with this
very important case of maritime piracy worldwide. For the first time, the European
Union has been endowed with a military navy force, although not a permanent one.
As far as antiquities “trafficking” is concerned, to which is related the European Arrest
Warrant mechanism, relatively little empirical data have been gathered and published,
compared to other types of commodity traffic, in drugs, wildlife or even human beings.
Italy, endowed with worldwide reputation against antiquities looting, asked in vain
for the adoption of rules against “trafficking” of cultural goods coming directly from
illegal excavations in Directive 2014/60/EU on the return of cultural objects unlawfully
removed from the territory of an EU member state. Besides, a new trend consists of
the criminalization of antiquities counterfeiting whilst there is also the comparable
practice of “antiquities intellectual counterfeiting” on demand of private collectors.
Last but not least, the similarity of antiquities smuggling and the migrant one, as for
their incentives and methodology, has been proved.
Keywords: antiquities intellectual counterfeiting, antiquities smuggling, area of
freedom, security and justice, European Union, piracy, right to safety
INTRODUCTION
The most innovative concept of the twentieth century has been the European integration
in a continent devastated by two World Wars. The success of the European Union (EU) is due
mainly to the fact that war-making mechanism has been blocked. This paper, at first, focuses
on the legal good of safety, particularly in the interior of the Union. This general-range anal-
ysis is completed by a specialized approach to the specific question of the confrontation of
smuggling of cultural heritage.
It is to point out that this paper takes account of the recent scientific research, realized on
the topic of antiquities smuggling in correlation with migrant smuggling.2
1 [email protected].
2 A. Maniatis, Migrant and antiquities smuggling, Thematic Conference Proceedings of International
Significance, Archibald Reis Days, Volume 3, 2016 in Belgrade, pp. 162-169.
108 Antonios Maniatis
EU AREA OF FREEDOM, SECURITY AND JUSTICE

Literature is rather apprehensive to recognize the existence of a constitutional status, as far
as the human right to personal security of private individuals is concerned. Quite the oppo-
site, it puts the stress on the protection of data of personal character.
However, the creation of the EU area of freedom, security and justice is an important
development in the history of the protection of human rights. This legal institution is based
on the Tampere (1994-2004), Hague (2004-2009) and Stockholm (2010-2014) programs. It
derives from Title V of the Treaty on the Functioning of the EU, which regulates the “Area of
freedom, security and justice”.
This original concept has a main point of reference, the European citizen, in favour of
whom it has been created.3 According to the Commission, this Area includes the essence
resulting from the democratic traditions of the communitarian countries and of the principle
of “rule of law”. It signalizes that the freedom loses a great part of its significance if it cannot
be enjoyed in a secure environment, with a full back of a system of justice, in which all EU
citizens and residents may have trust. So, the notion of this Area is not strictly definable, given
that the notions which form this synthetic innovation cannot be defined accurately, at least
on the basis of juridical criteria. The notion on the matter is general and open, leaving a large
merge of faculty of distinction for its further formation.4 It is strictly related to policy fields of
competence, such as the management of the EU external borders. It also includes asylum and
immigration policies and the fight against crime (terrorism, organized crime exemplified by
antiquities smuggling, cybercrime, etc.).
EUROPEAN ARREST WARRANT

For strengthening the judicial cooperation, to ensure the presence of offenders in criminal
proceedings and leaving the long, complicated and traditional extradition procedures, the
European arrest warrant has been introduced.5
On 13 June 2002, the Council of Ministers of the EU adopted the relevant Framework
Decision. This act entered into force on 1 January 2004 and the communitarian countries
were required to introduce it into their national legislations. However, the member states were
reluctant, primarily because of the obligations that resulted from it, which basically required
substantial and specific changes in the national law of the states involved.
Anyway, the warrant may be issued by the national judicial authority if the person that
is returning is required and is accused of a crime meriting a prison sentence of at least one
year or this person is sentenced to imprisonment of at least four months. The order must be
executed as quickly and easily as possible in the rest EU states. This means that member states
may no longer refuse to surrender to another member state their citizens who have commit-
ted serious crimes or at least are suspected of committing such a crime in another EU country,
on the grounds that they are citizens of a member state. The country in which a person is
arrested must surrender him/her to the state that issued the warrant within 60 days from the
date of arrest. If the detained person consents to the surrender, the decision should be brought
3 Fr. Kainer, The Area of Freedom, Security and Justice: Analysis on European Justice and Internal Affairs
Policy, Integration 3/2007, p. 344 (in German).
4 D. Papagiannis, The Area of Security in the European Union, Ant. N. Sakkoulas Publishers Athens –
Komotini 1998, p. 31 (in Greek).
5 S. Stojanovski, B. Stefanova, European Union warrant and extradition procedure, Book of proceedings
of Tara Conference 2015, pp. 380-381.
RIGHT TO SECURITY AND ANTIQUITIES SMUGGLING 109
within 10 days. However, despite these limitations at the time of execution of the warrant, in
specific cases that the surrender cannot be held with the prescribed period of 60 days, the
decision provides an opportunity to postpone the surrender for additional period of 30 days.
The issuing of the warrant is conditioned with a list of offences, for which this act can be
sent out. In these cases, it should be executed by the State, in which the fugitive is arrested,
regardless of whether the definition of the offence in the State is identical or not, if the offence
is punishable by at least three years in prison in the State which issued the warrant. As long
as other crimes are concerned, namely which are not included in this list or are punishable
beyond the list of 3 years, the principle of “double criminality” remains as a condition for the
execution of the warrant. The list on the matter is related to various crimes, such as unlawful
seizure of aircraft/ships, and is strictly related to the antiquities smuggling, indirectly (partic-
ipation in a criminal organization, laundering of the proceeds of crime) and directly (illicit
trafficking in cultural goods, including antiquities and artworks).
PIRACY AND ANTIPIRACY PROTECTION MEASURES

The above-mentioned remark of the legal literature on the dynamic nature of the Area of
Freedom, Security and Justice is thoroughly confirmed by the recent development of the EU
policy on security matters. This Area has been “duplicated” by the same concept in the field of
public international law, particularly at the high seas. This is true particularly for the criminal-
ity of maritime piracy, which is located especially in this legal zone of the planet.
Some of the most important EU countries were the protagonists even in the golden age
of piracy, a period that began around 1500 and lasted for 300 years.6 During that time, the
Caribbean islands and coasts of the Americas were the dynamic centre of a trade empire
linking ships which carried slaves, sugar, precious metals, tobacco, and coffee among all three
and generated enormous wealth for the dominant colonial powers: England, France, Holland,
Portugal and Spain. However, the boom in piracy did come to an end. In the early 1700s Euro-
pean nations began to introduce stronger antipiracy law, increase the number of warships in
the area, and offer rewards to those who turned in pirates. In 1717, England offered pirate cap-
tains and crews amnesty, threatening those who refused with no mercy if, and when, caught.
Over the following years, the buccaneer captains fell one by one.
Nowadays, the EU has created the first military navy fleet in its history, to cope with piracy
in the wider region of Somalia.7 This operation, called “Atalanta”, is a paradigm of syncretism,
having a very important impact, particularly in terms of prevention.
It is based on Decisions by the EU Council in accordance with relevant United Nations Se-
curity Council Resolutions and international law. In the area of operations, Atalanta forces are
enabled to arrest, detain and transfer persons suspected of intending to commit, committing,
or having committed acts of piracy or armed robbery at sea. The suspects can be prosecuted
by an EU member state, by regional states or by other states with which the EU has established
relevant agreements. With this fleet another similar operation collaborates, the NATO force
“Ocean Shield”.
If the lifespan of Atalanta has been extended by European Council to December 2018,
another legal measure has been adopted, of undefined duration, in various national legal or-
ders. It is about the institutionalization of commercialized protection, offered by private pro-
fessionals. These guards, usually being armed, serve on board only when ships pass through
6 M. Lara Martínez, Piracy’s golden age, National Geographic History 2016 Vol. 2 No. 1, pp. 67, 74.
7 A. Maniatis, Sea and see piracy, pp. 1238-1247 in the Book of proceedings of the 8th EuroMed Academy
of Business Conference, 2015.
the zones of high danger for piracy attacks, like Somalia, Nigeria, etc. This international trend
of traditional maritime countries is exemplified by specialized law 4058/2012 “Delivery of
services by unarmed or armed guards to merchant ships and other dispositions”, in the Greek
legal order. One of the first cases of application of this measure was the protection of the oil
product tanker, “Great Lady”, registered in Greece, in August 2012. Somali pirates attempted
to rob the ship, protected by four unarmed professional guards being in coordination with the
crew. They could not reach the ship surface because their ladders were proved to be too short
to make landing.
French Republic was reluctant to modernize its maritime law by adopting the measure
on the matter, as it was inspired by the “doctrine Colbert”. This doctrine has to do with the
traditional culture of state interventionism for the protection of merchant navy, introduced
by the Marine Minister Baptiste Colbert in the 18th century. Antipiracy policy was considered
as a case of “royal power”.8 However, in 2014 the French state institutionalized anti-piracy
protection by private guards for mercantile navy registered in France.
INSUFFICIENT LEGISLATION ON EXCAVATIONS

Today the unlawful removal of cultural property is regarded as utterly unacceptable.
Alongside the international conventions applicable in the case of war or armed conflict, par-
ticular importance has the 1970 UNESCO Convention on the means of prohibiting and pre-
venting the illicit import, export and transfer of ownership of cultural property.9 This text,
which is the most important to cope with antiquities looting, has now been ratified by 127
countries. With the Act on the Return of Cultural Objects which entered into force in 2008,
Germany incorporated the Convention into national law and on this basis cultural assets
brought unlawfully to Germany after 26 April 2007 can be stopped and returned at the re-
quest of a State party. It has turned out however that the demands contained in the law are so
high that no single cultural object has been returned in this way to date. Given the difficulties
in applying the Act on the Return of Cultural Objects, the German Government presented a
report on the protection of cultural property in Germany in April 2013, which assessed the
legal situation and recommended key improvements in the form of amendments to the law.
Finally, a new law was adopted, the Act on the Protection of Cultural Property, which
entered into force on 6 August 2016.10 What was previously regulated in three different acts is
now regulated in one single piece of legislation. Furthermore, numerous new and simplified
provisions were added. The new Act was adopted inter alia to implement the new EU directive
2014/60/EU of 15 May 2014 on the return of cultural objects unlawfully removed from the
territory of an EU member state. Previously, Germany considered cultural property within
the meaning of the EU Directive protected only if it had been entered in a register of cultural
property of national significance. Since 1955 (the previous provision dates back to 1919) it has
been common practice in Germany - and some other States – to register protected cultural
property in lists to make sure that such cultural property is not exported without a license.
About 2.700 entries have been registered in Germany, to September 2016. However, the vast
majority of Germany’s national cultural property, especially in public museums and similar
8 J. – P. Beurier (Dir), Maritime Laws, Dalloz 2014, p. 863 (in French).

9 Federal Foreign Office, Protection and restitution of cultural property, http://www.auswaertiges-amt.
de/EN/Aussenpolitik/Kultur/Kulturgueterrueckfuehrung.html.
10 Federal Government Commissioner for Culture and the Media, Key aspects of the new Act on the
Protection of Cultural Property in Germany, September 2016, pp. 5, 9, 10.
institutions, was previously not protected by law. To take advantage of the extended scope of
the protection provided by the new EU Directive (in favour of each interested member state)
and to close legal gaps which existed in Germany up to the adoption of the new German Act,
public collections as a whole are protected as “national cultural property” in virtue of this Act.
This means that claims for the return of such property are now subject to longer limitation
periods (75 years) under the EU law.
It is to signalize that according to the fourth report of the Commission in the matter of the
application of the former Directive 93/7/EEC, Bulgaria and Italy insisted on the question of
illegal trafficking of archaeological objects coming from illegal excavations, due to the diffi-
culties to cope with, in order to prove either the origin of the goods or the date of their illegal
removal of the territory of the State concerned or both these data.11 As a matter of fact, they
asked for a solution of this problem through the revision of the directive but this measure was
not taken, at least directly, through the adoption of the aforementioned Directive 2014/60/EU.
First of all, it is not coincidental that the mainstreaming archaeological state among them,
Italy, in its relevant report to the Commission gave some information on the objects illegally
removed (namely 10.372, from 2008 to 2011), of which many consisted in archaeological
goods coming from illegal excavations.12 The point that has not been mentioned in this re-
port is that there exists a gradual reduction in the number of illegal excavations discovered.
More concretely, excavation is not a crime that can be quantified in absolute terms, just as it
is impossible to pinpoint exactly which and how many ancient relics are removed from sites
each year.13 However, a general idea might be given by the numerous relics by the TPC Unit
and other law enforcement agencies. There has been a gradual decrease in the number of
clandestine excavations discovered, whose numbers have dwindled from a peak of more than
1.000 per year, identified in the 1980s and 1990s, to 103 in 2008. This impressive achievement
reveals the importance of the political will to make use of the state power to cope with antiq-
uities looting, as it is the case of Italy endowed with a worldwide reputation.14
According to the same report of the Commission, the EU member states signalize that,
for evident reasons they do not have information on the total of cultural goods being illegally
removed from their territory. So, it is difficult for them to evaluate whether the removals have
increased or not. Finally, it is to point out that the trade of antiquities coming directly from
excavations implicates particular difficulties as for the question of documentation and proof
of the commission of the crimes on the matter. It is also possible to make the illegal traffic
itself more difficult, due to the frequently used practice of “antiquities laundering”.
11 Commission, Report from the Commission to the European Parliament, the Council and the European
Economic and Social Committee Fourth report on the application of Council Directive 93/7/EEC on the
return of cultural objects unlawfully removed from the territory of a member State/*COM/2013/0310
final*/, p. 5.
12 Commission, Report from the Commission to the European Parliament, the Council and the European
Economic and Social Committee Fourth report on the application of Council Directive 93/7/EEC on the
return of cultural objects unlawfully removed from the territory of a member State/*COM/2013/0310
final*/, p. 8.
13 G. Nistri, Chapter 11 The Experience of the Italian Cultural Heritage Protection Unit, in S. Manacorda
and D. Chappel (eds.), Crime in the Art and Antiquities World: Illegal Trafficking in Cultural Property,
Springer Science + Business Media, LLC 2011, p. 185.
14 A. Maniatis, The measures for protection of cultural goods, RSC, 2010, n. 1, p. 304 (in French).
LITTERATURE ON ANTIQUITIES SMUGGLING:

AN UNDERSTUDIED CRIMINALITY
As far as antiquities smuggling is concerned, it adopts a more inventive methodology than
migrant smuggling, as implied by the so-called “Chippindale’s Law”, which is the following:
“However bad you feared it would be [so far as antiquities looting and smuggling are concerned],
it always turns out worse”. Relatively little empirical data have been gathered and published
on it, compared to other types of commodity traffic, in drugs, wildlife or even human beings.
Most countries have no dedicated art police, an important point to note, as it is evident
that the governmental administration of these countries does not consider art crime of suffi-
cient severity to warrant a department of its own, despite numerous publications to the con-
trary.15 The reason for this is the relative paucity of sufficiently extensive empirical data and
statistics on art crime – the result of a cyclical self-destructive system. The empirical data are
sparse because governments do not dedicate resources to gathering and analysing data on art
crime. They do not dedicate resources because the existing data have not proven their extent
and severity to them. Interpol’s Stolen Works of Art department acts as an information-gath-
ering point for world art police, keeping track of reported crimes and stolen objects on a
data-base, and functioning as a point of reference. They publish annual data, as reported to
them by constituent countries, but they themselves admit that the data from each country are
incomplete and report only a fraction of the total art crime activity. That said, Interpol ranks
art crime as the fourth highest-grossing criminal trade, behind only drugs, arms, and human
trafficking, a subtle distinction from the US Department of Justice, which ranks it third, ahead
of human trafficking. Anyway, we consider as very important the fact that human trafficking
exists, let alone that it is comparable with antiquities smuggling. A recent research on sex
slavery, human trafficking and urban child markets claims that there are more slaves today
than at any point in human history!16
Art crime has come understudied due to two primary factors. On the one hand, police
services do not distinguish stolen art from general stolen property in their filing activities and,
on the other hand, there is a limited number of art crimes coming to police attention at all (the
rest remaining in the dark side of criminality).
LITTERATURE ON ANTIQUITIES SMUGGLING

AND THE “ANTIQUITIES INTELLECTUAL
COUNTERFEITING” THEORY
A research, supported by the European Research Council under the EU’s Seventh Frame-
work Program, has ended up to the following findings until a recent empirical study conduct-
ed in Cambodia and Thailand.17
a) Organized crime is involved in antiquities looting and trafficking
That is why the first anti-looting L. 3658/2008 in the Greek legal order has submitted
groups committing cultural law crimes to the legal notion of criminal organization.
15 N. Charney, A History of Transnational Trafficking in Stolen and Looted Art and Antiquities, pp. 139-
140, in G. Bruinsma (ed.), Histories of Transnational Crime, Springer Science + Business Media New
York 2015.
16 E. Benjamin Skinner, A Crime So Monstrous, Mainstream Publishing Edinburg and London, 2008, p. 17.
17 S. Mackenzie, T. Davis, Temple looting in Cambodia. Anatomy of a Statue Trafficking Network, Brit. J.
Criminol. 2014, 54, pp. 722-740, mainly p. 722.
b) The traffic in looted artefacts overlaps with the insertion of fakes into the market
As a matter of fact, the fake monuments have proved to be a serious danger for culture and
science as they may prevent specialists from drawing reliable conclusions on the historical
past. It is not coincidental that national legal orders have the tendency to criminalize the
acts on the matter, such as the antiquities counterfeiting. This tendency is exemplified by
the aforementioned Greek L. 3658/2008, which has introduced the delict consisting in
counterfeiting of monuments. This new delict has to do not exactly with the construction but
with the promotion of fake objects.
A development of the recent expansion of the antiquities market lies in the much widened
access to the acquisition of ancient artefacts provided by the growth of the internet and its wide-
ly used trade forums.18 Since the advent of the internet as a major vehicle for retail of all kinds,
anyone with a computer and phone line can now purchase an endless variety of antiquities –
most of minor significance or monetary value – merely with a few strikes of the keyboard and a
credit card. The effects of this on the antiquities trade worldwide has not been studied in great
detail, although doubtless it has increased the business in forgeries and petty thefts.
Last but not least, besides the case of (material) counterfeiting, there is an immaterial al-
ternative on international scale. Private collectors make use of the services of some experts to
see their collections upgraded. This phenomenon is called “fulfilment of desire” of collectors,
who pay archaeologists and art historians for this kind of treatment of their antiquities. These
experts have the tendency to upgrade the value of these objects by making use of ambivalent
technical terms and expressions, such as the term “figurines”. Indeed, this word may declare
an important object of ancient times, dedicated to worship processes but also a simple toy, for
kids. We have introduced to legal doctrine the following original technical term: antiquities
(or monuments) “intellectual counterfeiting”.19
It is about an expression comparable with the official term “monuments counterfeiting”
for the aforementioned type of delict. This proposed terminology is inspired by the term “in-
tellectual forgery” being used by the doctrine as for the delict of emission of a false medical
certificate, comparable with the delict of document forgery. Anyway, the issuing of a false
medical certificate may occur due to pure altruism of the expert (doctor) towards the patient,
for instance towards a youngster as for the question of his military service, whilst experts
proceeding to antiquities intellectual counterfeiting do not try to help some weak members of
the society but powerful private collectors or museums with large vanity.
c) Few stages there are between looting at source and the market placing of objects
Amazingly few stages exist between the stage of looting at source and the one of placing of
objects for public sale in internationally respected venues.
RESEARCH ON MIGRANT
The aforementioned research on migrant smuggling and the antiquities one, conducted
unitl the beginning of 2016, has ended up to the following similarities:
a. Financial incentives, although antiquities smuggling has the particularity that it is basi-
cally a “white collar crime”;
18 M. Miller, Introduction to Feature Section: Looting and the Antiquities Market, Athena Review, Vol.
4, no. 3.
19 A. Maniatis, On the field archeological research and museums Supplementary education in Cultural
Law, Ant. N. Sakkoulas Publishers Athens – Komotini 2010 (in Greek).
b. Transnational character, with Italy as a country of strategic location;

c. Incorporation into the notion and the modern legislation on “criminal organizations”,
as for antiquities looting and smuggling and as for human trafficking, even if there is also the
case of migrant smuggling, which deserves to be incorporated into;
d. Unlawful variations, namely human trafficking against migrant smuggling as well as
monuments counterfeiting against antiquities looting and smuggling;
e. Potential bonds with cases of terrorism or other similar armed movements (refugee and
migrant smuggling may facilitate the entrance of prospective perpetrators of acts of terrorism
to the countries they want to offend, terrorist organizations or rebels are funded through an-
tiquities looting and trade);
f. The existence of various legitimate tools, under the common label “sponsors”, relevant
to these two types of criminality or the correspondent legitimate social activity (the role of
sponsors has been institutionalized for the legal immigration whilst companies may help the
authorities outlaw perpetrators of crimes against the property of cultural goods).20
We consider that all these findings remain actual, as political instability, let alone terrorist
attacks mainly in Western Europe (France, the UK, etc.), and financial crisis continue to pre-
vail, on international scale.
CONCLUSION
The right to personal safety constitutes one of the most important civil fundamental rights.
It has been significantly promoted by the EU and deserves further consecration and protec-
tion. It would be useful to correlate it to the rights relevant to the enjoyment and protection
of cultural goods, particularly heritage. The current paper has confirmed the previous recent
research on the bonds between terrorism or other similar armed movements and antiquities
looting and smuggling. It has also highlighted the complex nature of the set of cultural law
crimes, exemplified by the modern delict of antiquities counterfeiting. Anyway, further re-
search on law and practice relevant to excavations, antiquities looting and smuggling is highly
recommended.
REFERENCES
1. E. Benjamin Skinner, A Crime So Monstrous, Mainstream Publishing Edinburg and London,
2008.
2. J. – P. Beurier (Dir), Maritime Laws, Dalloz 2014 (in French).
3. N. Charney, A History of Transnational Trafficking in Stolen and Looted Art and Antiquities,
pp. 103-146, in G. Bruinsma (ed.), Histories of Transnational Crime, Springer Science +
Business Media New York 2015.
4. Commission, Report from the Commission to the European Parliament, the Council and
the European Economic and Social Committee Fourth report on the application of Council
Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory
of a member State/*COM/2013/0310 final*/.
20 A. Maniatis, Migrant and antiquities smuggling, Thematic Conference Proceedings of International

Significance, Archibald Reis Days, Volume 3, 2016 in Belgrade, pp. 167-168.
5. Fr. Kainer, The Area of Freedom, Security and Justice: Analysis on European Justice and Inter-
nal Affairs Policy, Integration 3/2007, pp. 344-348 (in German).
6. M. Lara Martínez, Piracy’s golden age, National Geographic History 2016 Vol. 2 No. 1, pp.
67- 74.
7. Federal Foreign Office, Protection and restitution of cultural property, http://www.auswaer-
tiges-amt.de/EN/Aussenpolitik/Kultur/Kulturgueterrueckfuehrung.html.
8. Federal Government Commissioner for Culture and the Media, Key aspects of the new Act
on the Protection of Cultural Property in Germany, September 2016.
9. S. Mackenzie, T. Davis, Temple looting in Cambodia. Anatomy of a Statue Trafficking Net-
work, Brit. J. Criminol. 2014, 54, pp. 722-740.
10. A. Maniatis, Migrant and antiquities smuggling, Thematic Conference Proceedings of In-
ternational Significance, Archibald Reis Days, Volume 3, 2016 in Belgrade, pp. 162-169.
11. A. Maniatis, On the field archeological research and museums Supplementary education in
Cultural Law, Ant. N. Sakkoulas Publishers Athens – Komotini 2010 (in Greek).
12. A. Maniatis, Sea and see piracy, pp. 1238-1247 in the Book of proceedings of the 8th Eu-
roMed Academy of Business Conference, 2015.
13. A. Maniatis, The measures for protection of cultural goods, RSC, 2010, n. 1, pp. 304-306 (in
French).
14. M. Miller, Introduction to Feature Section: Looting and the Antiquities Market, Athena Re-
view, Vol. 4, no. 3.
15. G. Nistri, Chapter 11 The Experience of the Italian Cultural Heritage Protection Unit, pp.
183-192, in S. Manacorda and D. Chappel (eds.), Crime in the Art and Antiquities World:
Illegal Trafficking in Cultural Property, Springer Science + Business Media, LLC 2011.
16. D. Papagiannis, The Area of Security in the European Union, Ant. N. Sakkoulas Publishers
Athens – Komotini 1998 (in Greek).
17. S. Stojanovski, B. Stefanova, European Union warrant and extradition procedure, Book of
proceedings of Tara Conference 2015, pp. 379-388.
CRIMINLAISTIC STRATEGY
AND TRENDS IN CRIMINLAISTICS
Valery Shepitko, Doctor of Law1
Yaroslav the Wise National Law University, Criminalistics Department
Michael Shepitko, Doctor of Law2
Yaroslav the Wise National Law University, Criminal Law Department
Abstract: The paper is devoted to the problems of criminalistic strategy and trends of
criminalistics. These problems are decided by analysing criminal policy in connection
with criminal law, penitentiary, criminal procedural, criminological policies and
criminalistic strategy. The concept of criminalistic strategy is formulated as a field of
knowledge connected with counteraction to the crime with the help of criminalistic
means in the long term. The authors also paid special attention to the functions of
criminalistics in different ways: 1) the function of science development (scientific); 2)
the function of ensuring practice (investigative, prosecutorial, judicial, lawyer) (prac
tical). The functions of criminalistics are differentiated depending on their focus: 1)
cognitive; 2) prognostic; 3) educational (or didactic); 4) preventive.
As a result of this research the authors have formulated some trends in criminalistics:
1) crimininalistics started to support not only investigators and prosecutors by
criminalistic means, but judges, barristers and other participants of judicial proceeding,
as well; 2) criminalistics has to turn from studying the traditional materially recorded
traces to the investigation into sonic (acoustic), electronic and genome ones; 3)
expansion of the criminalistics limits.
Keywords: criminal policy, criminalistics, criminalistic strategy, function of
criminalistics, trend in criminalistics.
INTRODUCTION
The formulation of criminal policy is affected by the political vector and international
position of the state, maturity of civil society, conditions for the commission of crimes, in-
tellectual, technical, tactical, methodical and legal possibilities of representatives of criminal
justice agencies to counteract crime, the availability of qualified specialists in the sphere of
combating crime, volition of representatives of criminal justice agencies to counteract crime,
understanding of the objectives of the criminal justice agencies and the purposes of pun-
ishment. These factors also explain why there are different approaches to the formulation of
criminal policy in different countries and historic periods. Because of this idea, we started to
find connections between criminal policy and criminalistic strategy, and among criminalistic
strategy, function and trends of criminalistics.
1 E-mail: [email protected].
2 E-mail: [email protected].
118 Valery Shepitko, Michael Shepitko
CRIMINALISTIC STRATEGY AND CRIMINAL POLICY

Anselm von Feuerbach (1775-1833) was the first scientist to use the term “criminal poli-
cy”3. He understands it as a branch of science, which should give the criminal legislator guide-
lines for better organization of the matter of justice. A similar definition was suggested by
Franz von Liszt (1851-1919) – a systematic complex of reasons, based on scientific research
into the causes of crime and the effects produced by the punishment – grounds, in accordance
with which the State should deal with crime by means of punishment and related institutions.
Therewith he clarifies his position by stating that science-based criminal policy requires that
criminal biology (anthropology) and criminal sociology (statistics) data should be taken as
a basis for it. This approach turns criminal policy into a “broad” inter-branch and interdisci-
plinary concept for criminal law sciences, criminal procedure, criminalistics and other related
sciences4.
Currently, criminal policy can be defined as the sphere of knowledge, based on the study
of the causes and effects of crime, aiming at strategic crime prevention by means of social
and political impact on the reforming of criminal justice system in the long term. For crim-
inal policy it is important not only to set strategic goals, but also to draw conclusions as for
reaching them.
Criminal policy formulates strategic objectives for the sciences of criminal justice and
differs in the following areas: 1) criminal law policy; 2) penitentiary policy; 3) criminal pro-
cedural policy; 4) criminological policy; 5) criminalistic strategy.
Criminal law policy should solve the problems of formulating the tasks of criminal law;
principles of criminal law; strategy of its variability; the number of penalty types and their
understanding; the purpose of punishment, exemption from criminal liability, punishment
and enduring it. The primary objective of the criminal law policy is a strategic, long-term im-
pact on the criminal law through the accurate knowledge of the cause and effect of the crime.
Criminal law policy can formulate the problems of the Criminal Code, the basis of crim-
inal liability, the formation of general criminal law principles (for example, non bis in idem;
omnis indemnatus pro innoxis legibus habetur), the purpose of punishment, etc. This is why
criminal law policy cannot exceed the bounds of formulating strategic prospects of legal
groundwork, which of course considerably narrows the criminal policy in comparison with
the concept of criminal policy. Criminal law policy is also influenced by international treaties,
conventions, strategic development of the state.
The penitentiary policy of the state is also connected with the realization of laws and by-
laws in this sphere. It is realized by means of creating conditions for correction and reso-
cialization of convicts, the prevention of the commission of new criminal offences both by
convicts and by other persons and also the prevention of tortures and inhuman or humili-
ating treatment of convicts. Cesare Lombroso (1835-1909) points out that criminals should
be treated in conformity with individuality of each of them and his/her character should be
taken into account if they want to achieve any satisfactory results5. The joint of the criminal
law and penitentiary policies is important because the criminal law policy forms purposes
3 Чубинский М. П. Очерки уголовной политики: понятие, история и основные проблемы

уголовной политики как основного элемента науки уголовного права. – Москва: ИНФРА-М,
2010, ХІІ, p. 55-56
4 фон Лист Ф. Задачи уголовной политики, в изложении Бориса Гурвича. – СПб.: Типо-
Литография К. Л. Пентковского, Екатерин. кан., уг. Казнач., 6-71, 1895, p. 2
5 Ломброзо Ч. Новейшие успехи науки о преступлении // Преступный человек / Пер. с
итальянского. – Москва: Эксмо; Санкт-Петербург: Мидгард, 2005, pp. 219
CRIMINLAISTIC STRATEGY AND TRENDS IN CRIMINLAISTICS 119
of the punishment which influence the formation of the purpose of the whole penitentiary
legislation.
The problems of criminological policy are also of some interest for researchers. Anatoly
Zakalyuk (1930-2010) singled out the tasks which are set with respect to this science and the
ways for their realization6. One of such vectors was the development of the modern strategy of
counteraction, first of all, to organized, economic, corruption-related crime, crime connected
with illicit drug trafficking and violent crime, including contract, acquisitive and violent and
acquisitive crime and also among persons who were previously convicted and among minors.
Taking into account these tasks which are set with respect to criminology, one can assert the
presence of the common vector for the criminal law sciences, the common purposes and tasks
and also the strategy of counteraction to crime. In other words, in the context of the criminal
policy, one can also speak of the criminological policy (strategy).
The information about the contents of the criminal procedure policy can be found in the
provisions of the Criminal Procedure Code concerning the tasks of criminal proceedings, the
principles of criminal proceedings, etc. They include the protection of a person, the society
and the state from criminal offences, the protection of rights, liberties and legal interests of the
participants of criminal proceedings and also ensuring a quick, comprehensive and unbiased
investigation and judicial examination so that each person who committed a criminal offence
could be brought to responsibility within the scope of his/her guilt, no innocent person could
be accused or convicted, no person could be subject to ungrounded procedural compulsion,
so that a proper legal procedure is applied to each participant of the criminal proceedings. The
presence of a real mechanism connected with the achievement of a goal and the supervision
of the bodies of criminal justice is crucially important for the successful realization of the
criminal procedure policy.
The interest in the strategy has increased greatly in criminalistics in the XXI century. The
newly published works with respect to this problem (O. Bayev7, R. Belkin8, V. Bernaz9, H.
Malevski10, M. Shepitko11) are worthy of attention. According to H. Malevski, the existing
approaches to the place of the criminalistic strategy in criminalistics differ: 1) a certain in-
strument which shows tendencies and directions of the development of the science; 2) an in-
dependent part of the science; 3) a certain model or program of the investigation of a certain
crime12.
6 Закалюк А. П. Курс Сучасної української кримінології: теорія і практика: У 3 кн. – Кн. 1:

Теоретичні засади та історія української кримінологічної науки. – Київ: Ін Юре, 2007, pp. 34-35
7 Баев О. Я., Баев М. О. О конечных целях деятельности участников уголовного судопроизводства
и стратегиях их достижения (к проблеме криминалистической стратегии) // Криминалист
первопечатный. – 2012, № 4, pp. 8-18
8 Белкин Р. С. Криминалистика: проблемы сегоднешнего дня. Злободневные вопросы росстйской
криминалистики. – Москва: Норма, 2001, pp. 78-80
9 Берназ В. Д. Криминалистическая стратегия в расследовании преступлений // материалы
межд. науч.-практ. конф. «Криминалистика XXI века». – Харьков: Право, 2010, pp. 203-209
10 Малевски Г. Криминалистическая стратегия, стратегия в криминалистике или стратегия
криминалистической политики? // материалы IX межд. науч.-практ. конф. «Криминалистика и
судебная экспертиза: наука, обучение, практика». – Вильнюс, Харьков, 2013, pp. 17-31; Малевски
Г. Проблема соотношения понятий тактики и стратегии в криминалистике и деятельности
правоохранительных органов // Криминалист первопечатный. 2014, № 9, pp. 99-120
11 Шепитько М. Место криминалистической стратегии в связи с изменчивостью понимания
уголовной политики // Криминалистика и судебная экспертиза: нау- ка, обучение, практика. –
X.: Сб. науч. трудов в 2-х т. – Харьков: Видавнича агенцiя «Апостiль», 2014, Т. 1. pp. 154-164
12 Малевски Г. Криминалистическая стратегия, стратегия в криминалистике или стратегия
криминалистической политики? // материалы IX межд. науч.-практ. конф. «Криминалистика и
судебная экспертиза: наука, обучение, практика». – Вильнюс, Харьков, 2013, p. 31
At present the criminalistic strategy has been already formed as a category and a separate
direction. The development of the criminalistic strategy as a separate category in criminalis-
tics has not reached the level of a separate branch of the science. The criminalistic strategy
cannot be realized in the investigation of a certain crime either as it contradicts the realization
of the criminal policy of the state. That is why the criminalistic strategy is the field of knowl-
edge connected with counteraction to the crime with the help of criminalistic means in the
long term.
FUNCTIONS OF CRIMINALISTICS
Criminalistics in realization of its strategy can be considered in three aspects: as a science,
as a taught course and a practical activity in the fight against crime. Traditionally, criminal-
istics serves the purposes of disclosure, investigation, legal proceedings and prevention of
crimes.
Every crime should be promptly and fully solved. To solve the crime means to identify
all its features and the offender. A crime can be solved by means of activities based on scien-
tific methods, techniques and procedures of criminalistics. The solution and investigation of
crimes involves the use of scientific and technical means, technical and tactical methods, and
methodological recommendations.
Judicial proceedings are also not possible without the use of criminalistic expertise
(knowledge). Tactical techniques of court proceedings, application of scientific and technical
means (such as audio and video recording, videoconferencing), guidelines for considering
certain categories of cases are required in court. It is actually about judicial criminalistics or
criminalistics of judicial activities.
Hans Gross (1847-1915) considered criminalistics accessory in relation to criminal law
and defined it as the study of realities of criminal law. According to the “father of criminalis-
tics”, the essence of the new science consists of: 1) revealing the truth in every criminal case
(practical aspect); 2) the study of the criminal and the criminal offense (theoretical aspect)13.
Criminalistics is continuously expanding the object of its research. Criminalistic exper-
tise (knowledge) is useful not only for investigative activities, but also for forensic intelli-
gence, prosecutorial, judicial, lawyer, experts activities. Therefore, the functional orientation
of criminalistics and its means is important for various types of legal activities.
Criminalistics as a science performs important functions: 1) the function of science devel-
opment (scientific); 2) the function of ensuring practice (investigative, prosecutorial, judicial,
lawyer) (practical). These functions are related to each other and are interdependent, reflect-
ing the unity of theory and practice.
The functions of criminalistics can also be differentiated depending on their focus. In this
respect, it is expedient to distinguish between the following functions: 1) cognitive; 2) prog-
nostic; 3) educational (or didactic); 4) preventive.
The cognitive function lies in the fact that its methods and means promote knowledge,
insight into the unknown. Criminalistic expertise (knowledge) is aimed at obtaining objec-
tive information, identifying certain patterns and relationships. Knowledge is acquired in
scientific and practical directions. The cognitive function of criminalistics is carried out in
the context of activities of various subjects, applying criminalistic expertise (knowledge). The
13 H. Gross’s views on the content of forensic science are described in his works on the problems of crime
disclosure (See: Гросс Г. Руководство для судебных следователей как система криминалистики.
Новое изд., перепеч. и изд. 1908 г. –Москва: ЛексЭст, 2002, p. 1088)
pragmatic side of cognitive function of criminalistics shows in investigative, judicial, prose-

cutorial activities and advocacy.
The prognostic function of criminalistics promotes making projections, models, long-
term planning of activities, development of its strategy and tactics. The prognostic function
can be also carried out in the context of scientific research, analysis of the trends of scientific
advancement, general and sub theories.
The educational (didactic) function of criminalistics focuses on academic aspects, the
problems of studying criminalistics. Educational (didactic) function supplies the content
for the learning process, provides learning with the educational product, and offers the best
forms and methods of teaching criminalistics. The target audience of criminalistic knowledge
is prospective lawyers, practicing professionals in the process of retraining and professional
development. The educational (didactic) function of criminalistics is to provide lawyers de-
pending on the lawyer’s specialization and his/ her future profession (investigator, prosecutor,
notary, legal counsel, judge, lawyer, etc.) with criminalistic knowledge of different range.
The preventive function of criminalistics is to prevent crimes or reduce their number. The
aim of criminalistics is to prevent crimes. But this area is in some sense limited. Many sciences
that comprise the criminal law cycle contribute to the prevention of crimes. Criminalistics
facilitates the development of special preventive measures (mainly technical) (for example,
improving locking devices, alarm systems, creation of special paper (or protective nets) for
documents and etc).
TRENDS IN CRIMINALISTICS
Research of criminalistic strategy and formulation of criminalistics functions pay atten-
tion to the trends in criminalistics development. The criminalistics trends are mainly depen-
dant on the methodological grounds thereof. The criminalistics methodology is in need of
new researches. The role of the methodology lies in counteracting the emergence of crim-
inalistic “phantoms”, anti-scholar concepts and theories, false ways for the development of
the science. Recently the emphasis has been on the potentials of applying new (non-conven
tional) methods. They suggest using astrology, palmistry, kinesics, criminalistic hypnology,
etc. The said offers provide for no scientific ground, they contradict the positive development
of criminalistics, distract the attention from the topical problems of nowadays.
The contemporary advance of criminalistics is featured by the formation of the general the-
ory thereof, elaboration and implementation of modern scientific and technical facilities and
information technologies into the crime fighting practice, improvement of the criminalistic
tactical techniques and proposals of individual methods to inquire into the new types of crime.
The criminalistic knowledge in criminal proceedings is used at various stages of the pro-
cess. This problem becomes even more acute as it is crucial to harmonize the procedural
criminal mechanism in regard to the International and European standards, to introduce
adversary principle, to provide the due balance of public and private interests. The special-
ized scientific sources provide for an active discussion of the “judicial criminalistics”, “judicial
proceedings criminalistics”, “tactics and methods of judicial investigation”. Currently we face
dramatic discussions of the “criminalistic attorney studies”, “criminalistic provision for the
prosecutor’s activity”, “criminalistic constituent of the court”. Various approaches to the solu-
tion of the problem of the application “criminalistic knowledge in court” indicate the fairness
of the point on attributing the regularities of “trial examination of crimes” to the subject of
criminalistics”14.
The reform of the criminal justice authorities is intended to change their structure and
functional orientation with the purpose to augment the efficiency and quality of their ac-
tivity. Critical changes refer not only to the organizational work of court and prosecution
offi ces, but also to the pretrial investigation bodies. Alongside, there are controversial (and
even colliding) proposals to centralize the pretrial investigation bodies (for instance, through
the formation of the respective investigation committee) or further to have a complete refusal
from the pretrial investigation institution and to assign some of its functions to another stage
of the process, i.e. the court one. The democratization of the criminal court proceeding is
also connected with a drive for transformation of the pretrial investigation authorities and
implementation of adversary principles, reasoning of the necessity to let the conflicting social
structure “prosecution-defence” exist. The role of the self-dependent and procedurally inde
pendent investigator who performs the major function of collecting and recording evidence
(crime investigation function) is materially restricted by the procedural mechanisms (court
control, criminal indictment on the part of the prosecutor, etc.). Under such conditions, the
subjects applying the criminalistic knowledge shall be altered as well. The solution of refor-
mation problems should provide replies to the questions: Who is the subject of collecting and
recording the evidence? What are the ways to achieve the goal in the settlement of the crim-
inal legal conflict? Which means can be used for this purpose? Will the changes facilitate the
efficiency of the crime detection and investigation, court proceedings on a criminal case, and
finally lead to the settlement of the conflict and restoration of justice?
The problem of specifying the goal and ultimate result of investigation, inspiration to as-
certainment of truth in a case is currently under discussion. There are opinions that negate the
opportunity to ascertain the impartial truth in a criminal proceeding or propose to replace it
with another category: the formal truth (procedural, judicial and inquiry ones). Such opin-
ions are erroneous from the methodological point of view.
Truth in a criminal process may not be probabilistic or be restricted by the type or
subject of activity. The impartial truth shall be ascertained as a result of an investi-
gation or court proceeding, otherwise the inquiry activity will become ill-defined.
Elimination of the truth from the goals of the criminal process will indeed affect
the essence of criminalistics as it is. The point at issue is which regularities will be
studied by criminalistics then? Criminalistics is designed through its provisions to
facilitate the activity of law enforcement agencies on the ascertainment of the truth.
Reformation of the pretrial investigation authorities shall be scientifically grounded, sys-
temic and well-scaled. It is far from admissible to make non-pondered or chaotic steps and
doubtful offers to change the procedural criminal area. One may not “break” the foundations
without knowing the things to place instead and the consequences that such “breaking” will
give a rise to. The modification of the procedure will cause the changes of criminalistics means
too. Such reforms must impartially show the existing situation and actual opportunities to put
such changes into practical activity of the investigator or other subjects.
Variance of criminalistic knowledge is in the first line connected with the scientific and
technical progress of the modern society. Informational support of the social environment
has led to “technological support” for criminalistics, development and implementation of in-
formation, digital, telecommunication technologies. Information technologies are the new
category of criminalistics purporting to stand on a due place in its structure. The technolog-
14 Белкин Р. С. Курс криминалистики в 3-х т. Т. 1: Общая теория криминалистики. – Москва:
Юристъ, 1997, p. 84, 147
ical approach is used not only in the criminalistic engineering, but also in criminalistic tac-
tics and methods (technology to make specific investigation actions, inquiry or criminalistic
technologies).
CONCLUSION
Under the new conditions, criminalistics has to turn from studying the traditional mate-
rially recorded traces to the investigation into sonic (acoustic), electronic and genome ones.
Furthermore, the methods, ways and approaches to work with such traces and the procedure
of collecting and recording them are being changed. In modern conditions, revolutionary
scientific and technological changes lead to the fact that the established criminalistic methods
are not satisfying any more. From discussing the need for universal fingerprinting we turn
to the need for adoption of a special law “On Fingerprinting” to offering the new biometric
methods of identification: DNA fingerprinting registration, identification by iris or retina of
the eye, venous map scan method, video-computer recognition of man by the image of his
face, etc. Objective reasons for the development of science and technology lead to the for-
mation of new areas in criminalistic technology: criminalistic study of explosives, forensic
acoustics or criminalistic phonoscopy, polygraph examination, criminalistic engram exam-
ination.
Thus, the expansion of the criminalistics limits is an objective process. Alongside, one
may not have a mechanical transfer of criminalistic guidelines, approaches and methods as
offered for crime investigations into other areas. The contemporary tasks of criminalistics are
specified through new conditions for the society development, a new phase of the science and
engineering development.
REFERENCES
1. Баев О. Я., Баев М. О. “О конечных целях деятельности участников уголовного судо-
производства и стратегиях их достижения (к проблеме криминалистической стра-
тегии)”, A First Printed Criminalist, 4/2012, pp. 8-18
2. Белкин Р. С. Курс криминалистики. Общая теория криминалистики. – 1/1997
3. Белкин Р. С. Криминалистика: проблемы сегодняшнего дня. Злободневные вопросы
российской криминалистики, Москва, 2001
4. Берназ В. Д. “Криминалистическая стратегия в расследовании преступлений”, Кри-
миналистика XXI века, Харьков, 2010, pp. 203-209
5. Гросс Г. Руководство для судебных следователей как система криминалистики, Мо-
сква, 2002
6. Закалюк А. П. Курс сучасної української кримінології: теорія і практика, Київ, 1/2007
7. фон Лист Ф. Задачи уголовной политики, в изложении Бориса Гурвича, Санкт-Пе-
тербург, 1895
8. Ломброзо Ч. Преступный человек, Москва, 2005
9. Малевски Г. “Криминалистическая стратегия, стратегия в криминалистике или стра-
тегия криминалистической политики?”, Криминалистика и судебная экспертиза:
наука, обучение, практика, Вильнюс, Харьков, 2013, pp. 17-31
10. Малевски Г. “Проблема соотношения понятий тактики и стратегии в кримина-

листике и деятельности правоохранительных органов”, A First Printed Criminalist,
9/2014, pp. 99-120
11. Чубинский М. П. Очерки уголовной политики: понятие, история и основные про-
блемы уголовной политики как основного элемента науки уголовного права, Москва,
2010
12. Шепитько М. “Место криминалистической стратегии в связи с изменчивостью по-
нимания уголовной политики”, Криминалистика и судебная экспертиза: наука, об-
учение, практика, Харьков, 1/2014, pp. 154-164
THE IMPORTANCE OF THE JUDICIAL POLICE
EXPERT REPORTS FOR COMBATTING
ORGANIZED CRIME
Ramiro Herranz Latorre, Chief Inspector of the National Police
Head of the Department for Judicial Science of the National Police School,
PhD of Law of the Salamanca University, Spain.
Abstract: Regardless of the fact that in accordance with Spanish judicial regulations
the Code of Criminal Procedure grants the police reports the value of mere statement,
the practice shows us that, despite the legal provisions, many procedures conducted
during investigation, and among them in particular the expert intelligence reports,
have demonstrated to have great procedural value and are sometimes enough for the
innocence presumption to be weakened.
The police reports allow us to get acquainted with the facts related to the crime
committed, presenting the suspects to Court Authorities disposal, providing
instruments and material proof of the crime, representing as such a valuable source
of police actions conducted in order to demonstrate the relation among terrorist
organizations or organized crime groups.
All the activities of the Judicial Police must be focused on facts, and in accordance with
regulations as well as the legal rights of citizens, in order to maintain the procedural
value they intend. All of these activities, developed most of all in the initial phases
of investigation, should never lose that focus, and we should always keep in mind
the true evidential activity, of which the police reports will take part, and which is
finalized in the indictment phase, in accordance with the principles of immediateness,
contradiction, oral testimony, concentration and publicity.
The analysis of Jurisprudence provides us with the necessary insight we must maintain
in order not to contaminate the above mentioned value, demonstrating at the same
time its importance in the fight against the most serious types of crime.
Keywords: Police reports, procedural value, sources of evidence, expert evidence,
intelligence, organized crime.
INTRODUCTION
The goal of this research paper is to focus on the importance of the expert reports, elab-
orated by the Judicial Police, paying particular attention to intelligence reports, which are
fundamental in the fight against transnational organized crime, as well as terrorism.
In order to do so, we will briefly reflect on the nature and the procedural value of police
reports and police actions conducted during investigation in accordance with the Spanish
judicial regulations aand the regulations with regards to the the search of sources of evidence,
harmonized on the one hand, with the Law of the European Union, and on the other hand,
adapted in accordance with different regulations of the European Tribunal for Human Rights,
126 Ramiro Herranz Latorre
all crucial requirements in order for those sources of evidence, to be presented by the Judicial
Police and have procedural effects.
The paper analyzes the expert evidence and studies the procedural value of expert reports,
more specifically the expert intelligence reports.
Even though our Code of Criminal Procedure1 considers police reports to have the proce-
dural value of a mere statement,2, the practice has shown us that the report has a fundamental
value for the development of the criminal proceedings, furthermore, without it in most cases
the proceedings would not even be initiated.
Furthermore, the proceedings which are a part of the police reports, are of utmost impor-
tance with regards to evidence development, and are fundamental in the phase of preliminary
investigation.
The report allows us to get to know the facts with regards to the crime; it also serves to
put at Court Authorities disposal the suspect perpetrators and facilitates material evidence
or proof of crime3, thus providing, as will be demonstrated later on, a fundamental source of
evidence, in particular when it comes to the actions undertaken in order to demonstrate the
links among terrorist groups4 or organized crime groups.
CONCEPT AND JUDICIAL NATURE OF

POLICE REPORTS IN SPAIN
We can start by defining the concept of a police report5 as an official document of admin-
istrative nature, which contains all the actions undertaken by the Judicial Police, and whose
goal is to clarify the crime related facts, as well as to determine the different perpetrators in-
volved, the circumstances of the event and the responsibilities, as is to collect evidence, instru-
ments and proof of crime, all in order to present it at the disposal of the Courts Authorities6.
Based on the words of the Commissioner of the National Police, Martín Ancín7, it is a
document which contains all the details related to the actions undertaken by the members of
the Judicial Police, which could serve as indicators or evidence for clarification and verifica-
tion of the suspect illicit behavior, and in some cases, for the apprehension of the responsible
perpetrators. Cabo Mansilla8 defines it as a document which contains all of the details related
to the actions undertaken by the officers of the Judicial Police which could serve as indicators
or evidence for clarification and verification of the suspect illicit behavior.
1 In further text LECrim.

2 Art. 297 of LECrim: “The written reports as well as oral testimonies of the officers of the Judicial Police,
with regards to the investigations which they conducted, are considered as statements for all legal purposes...”
3 Art. 282 of LECrim: “The Judicial Police has for a goal and it is the obligation of all who form part of
it, to investigate all public crimes which are committed in its territory or jurisdiction; in particular, and in
accordance with its jurisdictions, all the necessary actions undertaken in order to verify the facts and locate
the suspects, collect the evidence, instruments and material proof of the crime committed, presenting them
at Court Authorities disposal….”
4 We will show further in this article that such reports with regards to the expert proceedings in many
cases have the power to weaken the innocence presumption.
5 http://www.seguridadpublica.es
6 http://www,enciclopedia-juridica.biz14.com/d/atestado/atestado.htm
7 MARTÍN ANCÍN, F, “Metodología del atestado policial. Aspectos procesales y jurisprudenciales,
Tecnos, Madrid, 2002, p. 67.
8 CABO MANSILLA, JM, “El atestado policial. Diligencias básicas”, Dirección General de la Policía,
División de Formación y Perfeccionamiento, Madrid, 1991, p. 21.
THE IMPORTANCE OF THE JUDICIAL POLICE EXPERT REPORTS FOR... 127
The Head of the Department of Procedural Law, Gimeno Sendra9 goes even further in his
definition describing it as preliminary investigation activity, conducted and documented by the
judicial police, of urgent and provisional character, all for the purpose of investigating a crime,
localization and identification of its perpetrators, facilitating support to the victim, assuring cor-
pus delicti and adopting certain cautionary and provisional measures.
From the above mentioned statements, we can conclude that a police report leaves traces
of the investigation activities conducted by the Judicial Police, and has great influence on the
further activity of the Judicial Authorities, as is indicated by Delgado Barrio10.
The actions undertaken by our Judicial Police are in accordance with all technical and
judicial norms, even though we could indicate that in most cases they are not regulated firmly
within our legislation, but through a very changing legal system.
In my opinion that is the reason why police reports, as well as all other actions undertaken
during an investigation, should be under the jurisdiction of either Judicial or Prosecution
Authorities, in order to maintain the procedural value corresponding them.
THE PROCEDURAL VALUE OF

POLICE REPORTS IN SPAIN
For Ruiz Vadillo11, the principal goal of the Proceedings is the search for material or real
truth, although in my opinion it refers more likely to the search for the truthfulness of the
facts, separating ourselves from the intellectual practice, which is apart from the terms of
impartiality, neutrality and procedural clearness.
It is for that very reason that the actions undertaken by the Judicial Police, developed first
and foremost in the preliminary stages of the investigation, should not be separated from
those qualifications, always keeping in mind that the true evidential activity of which the
expert reports form part is developed in the indictment phase, in accordance with the proce-
dural principles of immediateness, contradiction, concentration and publicity.
The activities undertaken by the Judicial Police, as is well emphasized by Climent12, should
be focused on the facts. They should also be in accordance with the regulations of the pro-
ceedings as well as the rights of the citizens.
Our Code of Criminal Procedure indicates that the actions of the Judicial Police, as is
emphasized in the Articles 71413 and 73014 can be considered during oral testimonies, even
though their true value is continually controverted by the Legal System as well as by the Doc-
trine, as is explained by García Muñoz15, generating thus, in my opinion, continuous attacks
9 GIMENO SENDRA, V, “La prueba preconstituida por la Policía Judicial”, Revista Catalana de Seguretat
Publica, 2010, p. 65.
10 COMISIÓN NACIONAL DE COORDINACIÓN DE LA POLICÍA JUDICIAL, Criterios para
la práctica de diligencias por la Policía Judicial y sobre los “juicios rápidos”, Ministerio del Interior,
Secretaría General Técnica, Madrid, 2006, prólogo.
11 RUIZ VADILLO, E, “Resumen”, Cuaderno Vasco de Criminología, 1999, p. 265.
12 CLIMENT DURÁN, C, La prueba penal, Tirant lo Blanch, 2005, p. 8.
13 Art. 714 of LECrim.: “When a witness testimony during oral hearing does not coincide with the
presented report, during the hearing it is possible for either part to solicit the reading of the summary. After
the reading, the President will ask for the witness to clarify the difference or contradiction in question”.
14 Art. 730 of LECrim.: “Based on the petition of either of the parties it is also possible to read the summery
of the actions undertaken, which, for reasons, independent of the will of either of the parties, cannot be
repeated during oral trial.”
15 GARCÍA MUÑOZ, P. L., Estudios sobre prueba penal. Actos de investigación y medios de prueba en el
proceso penal: competencia, objeto y límites, La Ley, Madrid, 2010, p. 1.
on the principals of legal security since the police reports are occasionally considered to be
valid proof for indictment, while in some other cases they are indicative evidence, or mere
statements, testimonies or expert evidence.
In my opinion this represents a true risk of constant collision between the protection of
general interests, achieved through judicial practices within the Proceedings with all its guar-
anties16, affecting seriously the investigations conducted by the Judicial Police, as is clearly
stated by Sánchez Colomer17, which are first and foremost undertaken for the sake of the
safety of all citizens.
Absolutely agreeing with the professor Dolz Lago18, the Judicial Science continually mix-
es up the activities of investigation and evidential measures, granting evidential value and
investigational activities, which are a part of Judicial Police reports capable of distorting the
innocence presumption without having in mind the principles of contradiction and immedi-
ateness or evidential practice in judicial presence.
It is for that reason that we need to emphasize that Judicial Police undertake the most
decisive activities of the criminal investigations, by motu propri, or following the orders of the
Judicial or Prosecution Authorities.
INVESTIGATION AND THE SEARCH

FOR SOURCES OF EVIDENCE
The Judicial Police19 have a key role in the search for material which, as is indicated by
Martín Ancín20, captures its work of verifying and clarifying the facts through the actions
undertaken during an investigation and allows the sentencing body to emit its judgment of
valuation21, which is why I consider that it is of great importance to present a brief review
of the sources of evidence as well as the legality of its collection, with a special emphasis on
expert reports.
As is indicated by Climent22, the valuation judgment of the Judge is an intellectual task,
focused on the facts, employing thus the criteria which are supported by experience, and it is
highly relevant for the Judicial Police to participate adequately in this task and to preserve the
necessary knowledge in order to fully comprehend every evidential activity.
16 Art. 24 of CE: “1. Every citizen has the right to obtain judicial protection, conducted by the judges and
tribunals and in accordance with the legitimate rights and interests not ever facing defenselessness.
2. Also, every citizen has the right of access to a Judge, predetermined by the Law, the right of legal assistance
and defense, or the right to be informed of the accusation against them, during a public proceeding, without
any unnecessary delay and with all the guaranties of being able to use every resource for defense against the
charges, and not having to declare oneself guilty or testify against oneself, thus maintain the presumption
of innocence...”
17 GÓMEZ COLOMER, J. L., “La investigación criminal: problemas actuales y perspectivas de
unificación internacional”, Revista del Poder Judicial, 2001, p. 207.
18 DOLZ LAGO, M. J., “La aportación científico-policial al proceso penal”, Diario La Ley, 2008
19 Art. 282 de la LECrim.
20 MARTÍN ANCÍN, F., Metodología del atestado policial... op., cit., p. 110.
21 Art. 741 of LECrim: “The Court, in accordance with the evidence presented during trial, the presented
reasons for the accusation and defense, as well as the testimonies of the suspects, will present its sentence
within the conditions determined by this Law...”
22 CLIMENT DURÁN, C., La prueba penal... op. cit., introducción.
Following the classical definitions, for Bentham23 the art of proceedings consists of facili-
tating evidence, where evidence is defined as a supposedly true fact, whose purpose is to serve
as a motive for credibility of the existence or nonexistence of another fact.
In reality both Bujosa24 and Fenech Navarro25 consider that evidence is an activity which
provides to Proceedings through legal sources and procedures the reasons which are to con-
vince a Judge of the truthfulness of the facts.
As is well indicated by Bujosa26, and further supported by Carnelutti27, we must make a
distinction among the sources and means of evidence; the first group not forming part of ju-
dicial world, while the second is developed during Proceedings. So, for instance, the witness
and his knowledge of facts represent a source, while the testimony represents a mean, which
is why we should first search for sources and afterwards incorporate them into proceedings
through means provided by the Law.
This double concept has generated prohibitions whose infractions cause negative effects
in the evidential activity.
Beling28, has put some light on the problem of lack of acceptance of the evidential elements
without any regards to the regulations established by the Constitutional or Procedural Law
since the jurisdiction of Judicial Bodies in investigating the events is not limitless, which is
why the Judicial Police should also respect these limits in their investigative tasks. In the same
way, Véscovi29 focuses on the crossroad between investigating the truth and respecting fun-
damental rights, which certainly need to be resolved in favor of the later if our intention is for
the activities and specifically the expert reports to hold procedural value.
Our Constitutional Court indicates that the presumption of innocence30 emphasizes that
the certainty of guilt, obtained by the evaluation of evidence, is reached by employing the cor-
responding guaranties of the proceedings… and that the evidence represents a foundation for
conviction by the judge; as well as the importance of preserving the presentation of the evidential
means and the guaranties of the said presentation31.
As is indicated by Fernández Entralgo32 the regulatory norms of evidence, even though it
may sound as a paradox, serve to prosecute and install penalties upon the guilty individual,
but also as a guarantee of all of the rights of the above mentioned person, which is why, if the
actions undertaken by the Judicial Police violate the said rights, they cannot take part in the
Proceedings, nor could they complete their main objective, which is to present to the Judge a
vivid picture of something he has not witnessed in person which, in the case of expert reports
is often difficult to understand33.
The evaluation of evidence corresponds completely to the authority of the Tribunal, lim-
itating its revision with annulment while verifying whether there has been at least a minimal
23 BENTHAM, J, Tratado de las pruebas judiciales, Ediciones Jurídicas Europa-América, Buenos Aires,
1979, p. 18.
24 BUJOSA VADELL, LM y otros autores, Derecho procesal penal, Dirección Editorial Ciencias de la
Seguridad, Universidad de Salamanca, 2007, p. 230.
25 FENECH NAVARRO, M, El proceso penal, Agesa, Madrid, 1982, p. 99.
26 BUJOSA VADELL, LM y otros autores, Derecho procesal penal... op. cit., p. 231.
27 CARNELUTTI, F, Teoría general del derecho, Comares, 2003.
28 BELING, E, Las prohibiciones de prueba como límite a la averiguación de la verdad en el proceso penal.
Las prohibiciones probatorias, Temis, Bogotá, 2009, p. 3-52.
29 VÉSCOVI, E, Teoría general del proceso, Temis, Bogotá, 1999.
30 Art. 24.2 of Spanish Constitution.
31 Fundamento de derecho Segundo de la STC 55/1982 de 26 de julio, en el mismo sentido, la STC
31/1981, de 28 de julio y la STS de 1 de junio de 1982.
32 FERNÁNDEZ ENTRALGO, J. “Prueba ilegítimamente obtenida”, Revista jueces para la democracia,
1989, p. 24.
33 CAPOGRASSI, V., Il problema della scienza del diritto, 1937.
evidential activity, whether the conviction is revealed through the laws of logic and whether
any illicit methods have been employed, which might have generated failure of defense by
violating the rights which is extrapolated through the revision of statement34.
This principle is found in our procedural law in Article 11.1 of the Law of Judiciary Act35,
which reflects the Doctrine of exclusionary rule36 of North American Law which rejects all
evidence obtained with the violation, direct or indirect, of fundamental rights, adopted by our
Jurisprudence since the famous Auto of Naseiro case37 in the year 1992.
GENERAL CONSIDERATIONS OF EXPERT EVIDENCE

AND JUDICIAL POLICE
We can define expert evidence as one of the means of evidence, as the statement of knowl-
edge presented by the person non related to the proceedings about certain facts related to criminal
proceedings in the sense of scientific, artistic, technical o practical knowledge38, emphasizing the
presentation of special knowledge of the expert which is finalized in general as any evidential
activity during oral testimony even though it could be considered as preliminary evidence in
the summary phase, performed by the Judicial Police.39.
The expert reports of the Judicial Police are used ever more often, facilitating even more
evidential strength, which is why numerous convictions grant them the quality of testimonial
evidence through the testimonies of police officers in charge of creation of such reports40.
However, I agree with the contrary opinion, the one which considers them to be documen-
tal evidence41 whenever it is incorporated in the Proceedings as a pre-established evidence
respecting the principles of oral testimony and contradiction42 since there is nothing more
impartial and relevant like the use of technical knowledge in the search for the truth hidden
among the controversial facts, being how the clarity and certainty of the expert reports have
nothing to do with the perplexity and continuous changes of the testimonies43.
I consider that the scientific progress has made a possible more frequent use of scientific
procedures before the Tribunals with regards to presenting the sources of evidence. However,
there are still many methods which are currently in the phase of standardization44 advocat-
ing the emission of conclusions based on statistical percentages, which are considered to be
deprived of any errors instead of certainties or standards of admissibility45 which, without a
doubt, give credibility to expert work.
34 GÓMEZ DE LIAÑO, F, El proceso penal, Forum, Oviedo, 1992, p. 275
35 Art. 11.1 of LOPJ: “In all of the proceedings the rules of good faith must be respected. The evidence
collected, whether directly or indirectly, which is not in accordance with the fundamental liberties and
rights will not be taken into consideration”.
36 www.law.cornell.edu/wex Cornell University Law School.
37 Auto de la Sala II del Tribunal Supremo de 18 de junio de 1992.
38 BUJOSA VADELL, LM y otros autores, Derecho procesal...,op., cit., p. 235.
39 GIMENO SENDRA, V., Manual de Derecho Procesal Penal… op., cit., p. 662.
40 GARCÍA MUÑOZ, PL., “La actividad policial con incidencia probatoria”, Estudios sobre prueba
penal. Volumen I. Actos de investigación y medios de prueba en el proceso penal: competencia, objeto y
límites, La Ley, Madrid, 2010, p. 27.
41 GIMENO SENDRA, V., Manual de Derecho Procesal Penal… op., cit., p. 284.
42 SSTC 33/2000, de 14 de febrero y 80/2003, de 28 de abril.
43 Y ya así lo señalaba BENTHAM, J., Tratado de las pruebas... op., cit., p. 120.
44 LUCA DE, S., “La prueba expert y su valoración en el ámbito judicial español”, Revista Electrónica de
Ciencia Penal y Criminología, 2013.
45 The Judge Harry Blackmun (Daubert vs. Merrell Dow Pharmaceuticals, 509 US 579, 1993) advised
on demanding the expert control and a general consensus of the scientific community, as well as the
determination of the procentege of error and the fulfillment of technical standards as a necessary
Our Law46 finds it that the expert report needs to include the description of the initial
state of the object of the analysis, the operations and the expert conclusions always in the ac-
cordance with the adequate control performed by the Attorney of the Justice Administration,
but however, there are no precise rules with regards to the evaluation of the evidence where
common sense is to be employed, which with all due respect has had negative effects in the
cases of Judges who lack adequate education with regards to the evaluation of evidence, espe-
cially in relation to the IT technology or intelligence related to financing of terrorism, as will
be analyzed further in the paper.
Our legal foundation for the expert reports elaborated by the Judicial Police is found in
both Procedural Law, as well as in Constitutional Law 2/86 of the Security Forces and Bodies
and in the Royal Decree 767/1987 which describes the duties of the Judicial Police47, being
how they vary much48, we must add to this traditional classification the IT expert analysis,
especially having in mind the ever growing activity of Cyber Crime, as well as expert analysis
related to intelligence, which are fundamental when it comes to prosecution of terrorism and
organized crime for whose emission the knowledge obtained by the activities performed by
the Judicial Police are crucial and very difficult to obtain in any other area of the scientific
doctrine or knowledge.
After having made this brief introduction with regards to the expert evidence, we will
move on further to the analysis of their procedural value and in particular,of the expert anal-
ysis of the intelligence as a relatively new area of investigation.
PROCEDURAL VALUE OF EXPERT REPORTS

OF THE JUDICIAL POLICE
There are certain occasions in which the expert reports are not reproducible, which is why,
as we have explained above, the Jurisprudence considers them as preliminary expert evidence
although they are to be presented during plenary session through testimony in order to guar-
antee the principle of contradiction49.
In any case, since the year 200250 our Procedural Law have recognized the documental
value of the expert reports whenever they are elaborated and presented by the official labora-
tories and with the record of all of the protocols implemented for their elaboration51. This hes-
itation of Jurisprudence, as in other police activities, has been constant even with the follow-
ing inconsistencies indicating that the blood alcohol test can be substituted for the testimony
of the agents, and in other occasions that the expert analysis on its own is not sufficient, and
it is necessary for the testimony to be performed52, which is why it is required because of this
criteria for the performance of an expert analysis in accordance with protocol.

46 Arts 456 to 485 and 741 of the Codeo n Criminal Proceedings.
47 Arts. 292, 11 1 g) and 28, respectively.
48 ALONSO PÉREZ, F. y otros, Manual del Policía, La Ley, Madrid, 2003, p. 474, y VELASCO NÚÑEZ,
E., “La prueba expert”, Diario La Ley, Nº 8258, Sección Doctrina, 2014, p. 10.
49 Among others, SSTC 100/1985, from the 3th of October; 103/1985, 4th of October; 148/1985, 30th
of October; 145/1987, 23th of September and 89/1988, 9th of May; 80/1986, 4th of July; 149/1987, 30th of
September; 22/1988, 18th of February; 137/1988, 27th of July; 19/1992, 14th of February; 51/1995, 23th of
February y 49/1998, 2nd of March.
50 Modification of the art. 788.2 of LECrim, introduced by the Constitutional law 9/2002, on the 10th
of December.
51 Agreement of the non jurisdictional comitte of the Second Audience of the Supreme Court from 25th
of May 2005.
52 SSTC 43/2007, 26th of February and 134/2007, 4th of June.
judicial insecurity to have a complete regulation of the activities of investigation, including

expert reports.
Another aspect worthy of reflection with regards to the procedural value of the expert
reports is the repercussion of the activities of the parties, such as the lack of disagreement
or a petition of contradictory reports, which are crucial in order to be able to convert the
expert analysis into an evidence introducing it to a trial as a document, as was ratified by the
European Justice since the year 198853, which should be the way to go because in this way the
principle of contradiction is respected and the police report maintains the procedural value as
a preliminary evidence making its reproduction sufficient in the oral stage.
Furthermore, since the year 1991our Constitutional Tribunal, has established that it is not
necessary for the First Instance Judge to be present at the reclaim of traces found at the place
of the crime scene54, and as from year 2006, the Supreme Tribunal55 grants documental value,
without the presence of the officers, to the action of technical police inspection with the col-
lection of prints in case that none of the parties requests to be present during oral testimony.
It is evident that certain actions undertaken by the Judicial Police, such as technical inspec-
tion, should have the value of preliminary evidence developed56 before any action of the Judicial
Authority, and making a bold statement, replacing its immediateness, being how collection of
evidence is a natural ambiance for the police activities57 which ensures that the traces can be
selectively presented at the hour of elaborating expert reports or in case of an emergency.
Nevertheless, I must disagree with the exception of urgent actions which must be undertak-
en, that it should always be necessary to obtain judicial authorization or the one of an interested
party for the collection of traces which are afterwards to be used for expert analysis since, apart
from the cases where such collection could directly violate someone’s right to privacy, it would
require constant intervention by a Judge or a Prosecutor for every investigative group.
For example, during the investigation of environmental crimes, since it is necessary to
wait for a Judge or a Prosecutor for the recollection of traces which are to be analyzed, many
of those traces could no longer be available or the perpetrator could be far away by the time
of their arrival. As a result, the crime remains unpunished.
The level of expertise, technical knowledge, organization and transnational character of
crime makes it necessary for the fight against this phenomenon to employ efficient tools at the
disposal of the Judicial Police, which is modern, impartial and most of all qualified, counting
on the society’s support and which according to my understanding can react with anticipation
and with all the guaranties of the judicial intervention with full procedural effects.
Obviously, the report elaborated by the Judicial Police can be subject to contradiction
with other experts at the petition of either of the parties, but that first report with the use of
scientific methods allows us to obtain the sources of evidence, respectfully and always guar-
anteeing the fundamental rights without the previous authorization of the Authorities, which
is why it should be granted procedural value.
For example, in the proceedings with regards to attacks of 11-M in Madrid, the evidence
for the charges were based fundamentally on the expert reports, without a doubt elaborated
in detail and maintaining the principle of impartiality, dignified of any regular procedural
action.
53 STEDH December 6th of 1988, as. C-10590/83, Barberá, Messegué and Jabardo vs. Spain.
54 Among others, STC 24/1991, February 11th.
55 Fundamento de Derecho 1, STS 27 de diciembre de 2006
56 SSTS 28th of January, 20th of March and 5th of May 2000; 17th of October 2005.
57 GARCÍA MUÑOZ, P. L., “La actividad policial con incidencia probatoria”… op., cit., p. 28.
It is evident that expert reports, even more so if they are reports of intelligence or economy,
can be in contradiction with the patterns of the Procedural Law, suppressed to continuous vari-
ations in its interpretation on behalf of Jurisprudence, but the Judicial Police58 should be com-
petent to investigate without the need to initially address to Court,59 the contribution it makes
with its technical and scientific reports represents the rationalization of the Proceedings.
We will conclude by focusing our attention on the intelligence expert reports.
PROCEDURAL IMPORTANCE OF INTELLIGENCE EXPERT

REPORTS ON ORGANIZED CRIME
We first of all have to define intelligence. According to the United Nations60 the concept is
not easy to explain, and often is intertwined with information.
According to some opinions it is information prepared for undertaking actions; according
to others it is evaluated information, and for some it is information transformed through
analysis, but we can conclude that it is any kind of information which is useful for the Security
Forces and Bodies to be able to fight crime.
Traditionally, intelligence was oriented towards fight against terrorism, but recently, due
to the high level of specialization of many types of crime, the intelligence has become indis-
pensable for the fight against any kind of organized or financial crime, as well as in the fight
against corruption and money laundry.
On the other hand, the analysis of intelligence elaborated by the Judicial Police has evolved
along with the technology of information and communication through the use of special an-
alytical informatics tools whose work is extremely relevant, as is shown in the expert reports.
In these reports it is necessary to clearly emphasize the scientific method employed during the
analysis which allowed for the conclusions to be made, so that respecting all of the criteria analyzed
in the above written paragraphs its procedural value as source of evidence remains intact.
As we will further see in the jurisprudential analysis, nobody disputes the value of knowl-
edge of the authors of the intelligence reports but what is the subject of the discussion is its
procedural value.
As some authors indicate, it is difficult to disregard the affirmations based on the profes-
sional experience61, but in order to maintain the principle of contradiction this fact does not
prevent any of the interested parties to have access to expert reports of different police units
or even those non related to the Security Forces and Bodies, as for example, those elaborated
by criminologists who without a doubt have valued knowledge of the matter.
We have to emphasize the declaration of our Supreme Court62 in the sense that there is
no reason to doubt the truthfulness, as well as absolute neutrality and impartiality, given its
expertise and involvement in matters of the State and Social and Democratic Law, when it
comes to the elaboration of the expert reports elaborated by the Judicial Police.
58 STS 22nd of July of 2004.

59 DOLZ LAGO, M. J., “La aportación científico-policial... op., cit., p. 7.
60 OFICINA DE LAS NACIONES UNIDAS CONTRA LA DROGA Y EL DELITO, Sistemas policiales de
información e inteligencia. Manual de Instrucciones para la evaluación de la justicia penal, Viena, 2010,
p. 1. Disponible en: https://www.unodc.org/documents/justice-and-prison-reform/crimeprevention/
Police_Information_and_Intelligence_Systems_Spanish.pdf
61 En este sentido, GUDÍN RODRÍGUEZ MAGARIÑOS, F., “La presunta prueba expert de inteligencia:
análisis de la STS de 22 de mayo de 2009”, La Ley, 2009, p. 5.
62 STS 4th of December 2005.
Castillejo Manzanares63 emphasizes that (and I agree with his affirmation) the search for
evidence which could be sufficient for indictment is difficult without the police activities add-
ing (and in this we disagree, as well as Guerrero Palomares)64, that the nature of these reports
is doubtful since they are based purely on experience.
However, the information obtained as a result of the activities of collecting intelligence is
undoubtedly a source of evidence through the reports presented at the oral hearings through
the testimonies of its authors, and it is considered as such by the Supreme Court65.
In any case, there is a current doctrine which disputes their value founding its explanation
on the breach of the principle of immediateness, the contamination of the Judicial Authori-
ties, or lack of impartiality perverted by the search for certain statistical results, as is defined
by Gudín Rodríguez Magariños66 or Sáez Valcarcel67.
However, I have to strongly disagree with these doctrinal opinions since the search for
strategic goals which marked by the direct teams are in the hands of the Judicial Police is al-
ways executed with a special focus on the fundamental rights through the use of legal methods
of investigation in accordance with the established rules found in its basic principle of per-
formance68, as well as in the Instruction 12/2007 of the Secretary of Security, when it comes
to dealing with the arrested persons, an issue stressed by the public support and recognition
with regards to the work undertaken by the Judicial Police, as is shown constantly through
public surveys of the Center of Sociological Investigations in Spain.
The Police are in charge of obeying and implementing the Law; they investigate a specific
case, search the indications of criminal activity in an objective and impartial way without
separating themselves from the final outcome of the process; they protect the innocent and
punish the guilty, and in that way collect, as is done in the rest of the investigation related
activities, the results of the intelligence reports.
It is because of that fact that we must start from, as is well indicated by69, the nature of
the expert intelligence evidence in order to be able to determine if we are dealing with an
evidence of expert or testimonial nature.
The Supreme Court has different opinions on the matter, considering such evidence in
some of its decisions to be of expert nature70 while in others of testimonial71.
The arguments of those who defend its expert nature lie in the use of complex procedures
which require special knowledge in order to obtain expert evidence, but on the other hand, others
understand that those are simple appreciations founded in the empirical considerations which do
not require any special knowledge, which is why they should be channelled through testimony.
In this later sense, Guerrero Palomares72 indicates that there is no science or art applied
in the intelligence reports and that those are mere opinions whose use is to embellish a brief
document, while there are others who disagree with this opinion, like Castillejo.
63 CASTILLEJO MANZANARES, R., “La prueba de inteligencia”, Diario La Ley, 2011, p.1
64 SÁEZ VALCÁRCEL, R., “Juicio penal y excepción. ¿Una involución en el proceso de civilización?”.
Estudios de derecho judicial, 2007, p. 63.
65 SSTS 13th of December 2001, or 19th of July 2002, among others.
66 GUDÍN RODRÍGUEZ MAGARIÑOS, F., “La presunta prueba expert... op., cit., p. 100.
67 SÁEZ VALCÁRCEL, R., “Juicio penal y excepción... op., cit., p. 63.
68 Basic principles of proceedings, paragrapgh II of the Constitutional Law 2/1986, March 13th , of
Security Forces and Bodies.
69CASTILLEJO MANZANARES, R., “La prueba de inteligencia... op., cit., p. 4.
70 STS 13th of December 2001, 7th of June and 19th of July 2002, 29th of May 2003, 6th and 21st of May
2004, 22nd of April 2005 , 19th of January or 1st of October 2007.
71 SSTS 26th of September 2005, 31st of May 2006 or 16th of February 2007.
72 GUERRERO PALOMARES, S., “La denominada «prueba de inteligencia policial» o «expert de
inteligencia”, Derecho y Proceso Penal, 2011, p. 85.
Obviously, I share the opinion of the latter author, that the intelligence reports do contrib-
ute with their scientific value acquired through long years of experience in the work of investi-
gation, and it is as such recognized by our Judicial system73 considering as one of the require-
ments for the expert evidence, the knowledge and use of technical, scientific, practical and
artistic abilities, necessary in order to depict a reality which the Judge himself cannot know.
This was concluded by the sentence dated from the 31st of March 2010 by the Supreme
Court recognizing it as an evidential method not predicted by the Law as valid, which is elab-
orated by experts who are supporting the Tribunal presenting interpretative elements about
the information related to the case adding that the relevant thing is whether these conclusions
formulated by the experts are rational, and whether they could be assumed by the Court once
they are presented in a rational and contradictory manner.
It is because of all that, that these reports could not be based on simple appreciations, but
they must be able to be presented to a Judge or a Tribunal, the kind of knowledge they could
not acquire on their own.
Now we will move forward in making a more detailed analysis regarding the evolution of
the Legal system of the Spanish Tribunals in relation to the expert evidence.
As a starting point, we will mention the Supreme Court sentence from 13th of November,
1997 in which it is qualified as indirect, expert evidence of personal nature.
The sentence of the Supreme Court, dating from 23rd of October, 2000, taken into account
as an expert evidence, states that it is not a preconstituted document converted in preconsti-
tuded, but of expert nature, in case the accused party fails to express its objection, therefore it
would not be necessary for the experts to testify during oral hearing.
In the sentence of the Supreme Court from 13th of December 2001, with regards to the at-
tack of the terrorist organization ETA in the quarter of the Civil Guard in Llodio, it is qualified
as expert, but always keeping in mind that the documentation in which the report is based on
is at disposal of all parties.
This sentence also confirms that the expert could not be considered as witness because on
the one hand he possess some of the technical knowledge not related to the process, while on
the other hand, because he is replaceable, he examines the documents maintaining the active
position in the process, much unlike the witness who passively maintains the role of the in-
vestigate, through interrogation.
The Supreme Court sentence from the 27th of March 2003, concedes special evidential
relevance to the intelligence reports, refusing to admit that the dependence of its authors to
the Ministry of Interior is a motive for subjectivity.
The sentence of the Supreme Court from 29th of May of 2003 recognizes it as an option of
the expert evidence, defining it for the first time as expert analysis of the information, funda-
mental for the determination of existence or participation in a criminal organization.
In the sentence of the Supreme Court from 26th of September 2005, there is a change in
qualification, understanding that it is not evidential.
This sentence argues the role of the author as an expert, because his appreciations with
regards to who is a member of an organized criminal group were of a generic nature with no
use of technical abilities.
It also disputes the evidential quality of the report, qualifying it as an analysis of the dec-
larations which the Tribunal already has at disposal, which is why the expertise of an author
73 Among others, SSTS 17th of July 1988, 13th of December 2001, 29th of May 2003 and 31st of March
and 1st of October 2010.
is neither different nor special, and such report could only be introduced in the evidential
register through testimony.
In the same way, the sentence of the Supreme Court dating from 31st of May 2006 consid-
ers intelligence reports to obtain indicatory testimonial evidence, since they do not include
the knowledge of an expert.
The sentence of the Supreme Court from 19th of January of 2007 continues in the same
argumental manner, adding that it is not important whether the agents are referred to as ex-
perts or witnesses.
The sentence of the Supreme Court from 16th of February 2007 is the first one introducing
an intelligence report about the apologia of jihadist terrorism in the evidential register, once
again qualifying it as evidential, which if is coherent with other evidential methods, could
contribute to the confirmation of the evidence charges without the author having to be con-
sidered as an expert.
With the sentence of the Supreme Court dating from the 25th of June 2007 with regards to
the terrorist organization GRAPO, a new circle is produced admitting the value of the intel-
ligence reports as expert evidence, considering it as capable of illustrating a reality which the
Judge directly could not find out.
However, once again there is a procedural oscillation, by summoning one of the authors
of those reports to oral hearing both as an expert and as a witness, while others are only sum-
moned as experts.
The Supreme Court sentence dating from the 1st of October 2007 grants the same value to
the reports on a document presented by France in a case of terrorism of the terrorist organiza-
tion ETA through the rogatory letter, which since they were conducted by official laboratories
whose officials form part of a Special Brigade, presented to the Tribunal the kind of knowl-
edge without which it could had not found out the reality of the matter.
This sentence is interesting, because for the first time it emphasizes the notes which qual-
ify these reports as evidence, they qualify them as singular evidence, which is not designed
by the Law depending on the free valuation of the Judge, which is not documental unless it is
elaborated by the official bodies and not challenged, participating with a mixed nature, both
expert and testimonial, but closer to expert since by its reading it can provide to the Tribunal
necessary means in order to draw conclusions.
The Supreme Court sentence from the 15th of September 2008, referring to the impor-
tance of the experience of Judicial Police with regards to its knowledge of terrorist organiza-
tions, based on the analysis of the seized documents, as well as the value of the intelligence
reports, which along with their declarations during oral hearing, could have the accusatory
value since they serve to correct the inferences of the Tribunal.
The Supreme Court sentence from the 22nd of May of 2009 about the case of Ekin74 rec-
ognizes that the reports have the goal to make the Tribunal understand the situation of the
organization valuing them as a source of evidence not predicted by the Law since they provide
crucial elements about the information which was the foundation of the accusation.
The Supreme Court sentence from the 13th of October 2009 also analyses the intelligence
reports on forming part of a terrorist organization, recognizing its probatory and expert value
since they affect a part of knowledge which cannot be obtained by the Tribunal.
74 Ekin was an organization declared illegal due to its relation with the terrorist organization ETA.
I understand that in this sentence it is very much stressed that it is recognized with regards
to the Article 741 of the LECrim75 since not all conclusions of the experts were taken into
consideration, which demonstrates the Independence of the Court decision.
Specifically, the sentence indicates that the reports contribute to the relations with a ter-
rorist organization, but not when it comes to the evidence with regards to the identification of
objectives, the recruitment of new militants or double militants which were on trial.
The Supreme Court sentence from the 31st of March 2010 on being a member of a ter-
rorist organization declares inadmissible the annulation of the expert intelligence because the
police officers were present as experts, recognizing the presentation of technical knowledge
necessary to emphasize a reality to which a Judge could not had come on his own.
Lacking the limited character, it qualifies as indirect evidence supported by the testimo-
nies of experts, which is why it must be evaluated alongside other evidential methods.
It is important to emphasize that the sentence declares that there is no doubt about the
impartiality of its authors since Article 5 of the Constitutional Law 2/1986 of Security Forces
imposes it, besides recognizing its professionalism and the possibility for any of the parts to
propose alternative ruling.
I restrain myself from stressing this possibility since the defense with all the guaranties
prevents ulterior resources which presume the annulation of the evidence methods.
In this line continues the sentence of the Supreme Court of the 21st of March of 2011 in the
case of Kalashov involved in organized crime, illicit association, money laundry and forged
documents,.
The sentence mentioned the reports elaborated by the Police Forces of different countries
qualifying them as intelligence reports and recognizing their evidential value for investigating
new forms of transnational organized crime.
It declares impartiality, the expert quality of its authors and the importance and the neces-
sity for such reports, which add to credibility.
The sentence of the Supreme Court dating from the 25th of October 2011with regards to
the intelligence reports on terrorism, which stands out because it analyses the entire studied
judicial practice, concluding with the validity of the reports as expert evidence, as long as the
conclusions are rational and presented in a contradictory way before the Tribunal, but with a
particular vote against.
Once again, we are faced with contrary opinions, the mirror of a catalog of different deci-
sions which we have demonstrated in our jurisprudential analysis which is why, in my opin-
ion, it is necessary for one permanent decision to be made which cannot be conducted by
Jurisprudence, but the legislator, because the free interpretation of the evidence in accordance
with Article 741 of our Law on Criminal Proceedings under these parameters is only creating
insecurity and uncertainty.
In the Supreme Court sentence dating from the 28th of March 2012 with regards to anoth-
er terrorist organization, once again the evidential value of intelligence reports is recognized
and as a climax of this jurisprudential line, the sentence of the Supreme Court from the 2nd
of October 2012 leaves all doubts behind as is indicated by Hernández Domínguez76 with
regards to the procedural value of such reports.
75 In this article the principle of free evaluation of evidence by the Judge is recognized.
76 HERNÁNDEZ DOMÍNGUEZ, J.J., “Valor procesal del informe de inteligencia policial”, Diario La
Ley, 2013, p. 14.
At the end we will emphasize, a new (even though conducted by the National Audience)
sentence of its Third Section of the Penal Court, dating from the 2nd of February 2015 in
which the intelligence reports form part of the evidential register with regards to piracy at sea.
In this last sentence we will analyze the most important element that allows for the intel-
ligence reports due to their objectivity, impartiality and independence, as well as evidential
effectiveness without procedural contradiction unless the parties involved demonstrate their
discontent, the character of preconstituded evidence, introduced in the plenary through the
testimony of its authors.
CONCLUSIONS
The activities described in the report are in an obvious relation to the indictment, which
is why we must abandon in practice the consideration that the report has the value of a mere
denunciation despite the criticism of different authors who conclude that such an opinion
would interfere with the activities which are to be undertaken by the Judicial Authority since
based on Article 282 of the Spanish Law on Criminal Proceedings, in my opinion, this aux-
iliary task does not represent an additional limitation to their competences, but an addition
itself demonstrating evident professionalism, strictness and specialization.
In our legislation it would be wise to introduce a more detailed regulation with regards to
the activities undertaken by the Police since this issue is replaced by Jurisprudence, which is
far from being constant and is always changing, which according to my opinion only gener-
ates judicial insecurity for the Judicial Police as well as for the other participants involved in
the forensic science, and of course for the victims and the society as a whole.
We must recognize the importance of the Judicial Police role in the search and presenta-
tion of the evidence sources, among which is the expert report, in which its authors must con-
tribute with their knowledge going far beyond an empiric or recopilatory activity appreciated
directly by the Judicial Authority with no need for additional reports since then it would lack
the authentic procedural value.
It is for that reason that the reports should reflect the police science known by experts in
issues such as terrorism, other forms of organized crime and financial investigations, which
are of an incredible importance in order to collect the necessary logical material employed for
the functioning of criminal organizations.
We must emphasize though that this kind of police science cannot disregard the funda-
mental human rights in order to be considered as such, as well as all of the procedural princi-
ples which guarantees that its efficiency will remain intact.
After a detailed analysis of Jurisprudence and Doctrine with regards to expert and intelli-
gence reports, we must conclude that its evidential, personal and indirect value is sometimes
recognized, while in other occasions it is considered as preconstituted evidence if the parties
do not oppose to it, other opinions consider it to be testimonial and indicative, understanding
the reports not as expert; the opinions once again lean towards the expert recognition in oc-
casions even documental, similar to the reports of the official laboratories; and finally, in the
most recent sentence it is qualified as expert with the same procedural weight as testimony or
documental evidence.
However, in my opinion and in the end we must be more ambitious demanding a more
clear regulation of the expert intelligence in all of our Procedural Laws, as documental evi-
dence, but for that we must be aware that since the beginning of the Proceedings we must re-
spect unless it interferes with other interests worthy of protection - the security, the investiga-
tion, the victims, the principle of contradiction and the right to defense. With those previous
conditions in mind, it should be viewed as expert evidence in any case.
We should be aware that only by following that line of interpretation and action, we could
grant the intelligence reports, as well as all of the investigation related activities, its procedural
value which they deserve having in mind the fundamental and crucial importance of such
reports in order to be able to achieve prevention of the illicit activity and eradication of some
of the most serious forms of crime which represent a great threat to the State of Law, such as
terrorism and transnational organized crime.
I finally consider absolutely crucial for all of our legislations to be harmonized in order to
achieve a full international cooperation, which is absolutely necessary in the fight against all
of the above mentioned forms of crime, and only as such can it achieve efficient results and
further judicial efficiency which follows after our police investigations.
BIBLIOGRAPHY
1. ALONSO PÉREZ, F. y otros, Manual del Policía, La Ley, Madrid, 2003.
2. BELING, E, Las prohibiciones de prueba como límite a la averiguación de la verdad en el
proceso penal. Las prohibiciones probatorias, Temis, Bogotá, 2009.
3. BENTHAM, J, Tratado de las pruebas judiciales, Ediciones Jurídicas Europa-América, Bue-
nos Aires, 1979.
4. BUJOSA VADELL, LM y otros autores, Derecho procesal penal, Dirección Editorial Cien-
cias de la Seguridad, Universidad de Salamanca, 2007.
5. CABO MANSILLA, JM, “El atestado policial. Diligencias básicas”, Dirección General de la
Policía, División de Formación y Perfeccionamiento, Madrid, 1991.
6. CAPOGRASSI, V., Il problema della scienza del diritto, 1937.
7. CARNELUTTI, F, Teoría general del derecho, Comares, 2003.
8. CASTILLEJO MANZANARES, R., “La prueba de inteligencia”, Diario La Ley, 2011
9. COMISIÓN NACIONAL DE COORDINACIÓN DE LA POLICÍA JUDICIAL, Criterios
para la práctica de diligencias por la Policía Judicial y sobre los “juicios rápidos”, Ministe-
rio del Interior, Secretaría General Técnica, Madrid, 2006.
10. CLIMENT DURÁN, C, La prueba penal, Tirant lo Blanch, 2005.
11. DOLZ LAGO, MJ, “La aportación científico-policial al proceso penal”, Diario La Ley, 2008.
12. FENECH NAVARRO, M, El proceso penal, Agesa, Madrid, 1982.
13. FERNÁNDEZ ENTRALGO, J., “Prueba ilegítimamente obtenida”, Revista jueces para la
democracia, 1989.
14. GARCÍA MUÑOZ, P. L., Estudios sobre prueba penal. Actos de investigación y medios de
prueba en el proceso penal: competencia, objeto y límites, La Ley, Madrid, 2010.
15. GARCÍA MUÑOZ, P.L., “La actividad policial con incidencia probatoria”, Estudios sobre
prueba penal. Volumen I. Actos de investigación y medios de prueba en el proceso penal:
competencia, objeto y límites, La Ley, Madrid, 2010.
16. GIMENO SENDRA, V., Manual de Derecho Procesal Penal, Editorial Colex, Madrid, 2008.
17. GIMENO SENDRA, V, “La prueba preconstituida por la Policía Judicial”, Revista Catala-
na de Seguretat Publica, 2010.
18. GÓMEZ COLOMER, J. L., “La investigación criminal: problemas actuales y perspectivas
de unificación internacional”, Revista del Poder Judicial, 2001.
19. GUDÍN RODRÍGUEZ MAGARIÑOS, F., “La presunta prueba expert de inteligencia:
análisis de la STS de 22 de mayo de 2009”, La Ley, 2009
20. GUERRERO PALOMARES, S., “La denominada «prueba de inteligencia policial» o «ex-
pert de inteligencia”, Derecho y Proceso Penal, 2011.
21. HERNÁNDEZ DOMÍNGUEZ, J.J., “Valor procesal del informe de inteligencia policial”,
Diario La Ley, 2013.
22. LUCA DE, S., “La prueba expert y su valoración en el ámbito judicial español”, Revista
Electrónica de Ciencia Penal y Criminología, 2013.
23. MARTÍN ANCÍN, F, “Metodología del atestado policial. Aspectos procesales y jurispru-
denciales, Tecnos, Madrid, 2002.
24. PEDRAZ PENALVA, E., “Notas sobre policía y justicia penal”, Revista jurídica de Castilla
y León, 2008.
25. RUIZ VADILLO, E, “Resumen”, Cuaderno Vasco de Criminología, 1999
26. SÁEZ VALCÁRCEL, R., “Juicio penal y excepción. ¿Una involución en el proceso de civi-
lización?”. Estudios de derecho judicial, 2007.
27. VELASCO NÚÑEZ, E., “La prueba expert”, Diario La Ley, Nº 8258, Sección Doctrina,
2014.
JURISPRUDENTIAL INDEX
28. Sentencia del Tribunal Constitucional 31/1981, de 28 de julio.
29. Sentencia del Tribunal Constitucional 55/1982 de 26 de julio.
30. Sentencia del Tribunal Constitucional 100/1985, de 3 de octubre.
34. Sentencia del Tribunal Constitucional 145/1987, de 23 de septiembre.
35. Sentencia del Tribunal Constitucional 149/1987, de 30 de septiembre.
36. Sentencia del Tribunal Constitucional 22/1988, de 18 de febrero.
37. Sentencia del Tribunal Constitucional 89/1988, de 9 de mayo.
42. Sentencia del Tribunal Constitucional 49/1998, de 2 de marzo.
44. Sentencia del Tribunal Constitucional 80/2003, de 28 de abril.
46. Sentencia del Tribunal Constitucional 134/2007, de 4 de junio.
47. Sentencia del Tribunal Supremo de 1 de junio de 1982.
48. Sentencia del Tribunal Supremo de 17 de julio de 1988.

49. Sentencia del Tribunal Supremo de 13 de noviembre de 1997.
50. Sentencia del Tribunal Supremo de 5 de mayo de 2000.
51. Sentencia del Tribunal Supremo de 23 de octubre de 2000.
52. Sentencia del Tribunal Supremo de 13 de diciembre de 2001.
55. Sentencia del Tribunal Supremo de 27 de marzo de 2003.
60. Sentencia del Tribunal Supremo de 28 de enero de 2005.
62. Sentencia del Tribunal Supremo de 22 de abril de 2005.
63. Sentencia del Tribunal Supremo de 26 de septiembre de 2005.
68. Sentencia del Tribunal Supremo de 19 de enero de 2007.
69. Sentencia del Tribunal Supremo de 16 de febrero de 2007.
72. Sentencia del Tribunal Supremo de 15 de septiembre de 2008.
80. Sentencia de la Sección Tercera de la Sala de lo Penal de la Audiencia Nacinal, de 2 de
febrero de 2015.
81. Auto de la Sala II del Tribunal Supremo de 18 de junio de 1992.
82. Sentencia del Tribunal Europeo de Derechos Humanos de 6 de diciembre de
1988, as. C-10590/83, Barberá, Messegué and Jabardo vs. Spain.
CRIMINAL INTELLIGENCE PROCESS
AND THE DEVELOPMENT
OF THE CRIMINAL INTELLIGENCE
Assistant Professor Vladimir Šebek, PhD1
Ministry of Interior of the Republic of Serbia
Spec. Aleksandar Milošević
Ministry of Interior of the Republic of Serbia
Abstract: The modern police organisations strive to be “intelligence-led”. Initial step in

achieving this is to, first of all, understand what is meant by “intelligence-led policing”
as well as what criminal intelligence information are and how they are generated.
Criminal intelligence information is no ordinary, or so called “raw information”,
which without analysis has minimal value. Certainly, we must point out the fact that
the gathering of quality information has always been good for police work; however,
nowadays modern police organizations are using sophisticated systems for collecting
useful information, adding new value to them after the process of evaluation, collation
and analysis, creating a new product – Criminal Intelligence Information. Such
information will remain without value unless delivered to appropriate users, which
are mainly tactical or strategic teams. Tactical criminal intelligence information
provides assistance in operational investigations, while strategic criminal intelligence
information is mostly used to create policy work of police organizations and planning.
In this respect, the use of criminal intelligence information provides a broad view of
the criminal environment, which will provide the police management sufficient basis
for an efficient allocation of resources, and in return will provide assistance in crime
prevention and criminal investigation.
Criminal intelligence information, as the subject of this article, will be explained in
detail, and special attention will be paid to the topics of collecting, evaluating, collation,
analyzing and disseminating criminal intelligence information, that is the “criminal
intelligence process”, since in theory and practice this kind of activity is marked by
this term.
Also, the empirical research that has been carried out has presented the results of the
self-assessment of police officers regarding their activities in collecting and indexing
information on the appropriate formalized report, and which represent the “raw
information” which is necessary for the creating of criminal intelligence information.
Keywords: intelligence-led policing, criminal intelligence, criminal intelligence
process, analysis of information.
144 Vladimir Šebek, Aleksandar Milošević
INTRODUCTION
The primary objective of any police service is to prevent crime from occurring. A crime
prevented means one less victim, one less crime investigation and avoids all the expense and
activity that is required to support an investigation. Effective policing, which identifies risk of
harm to communities, prevents crime and assists in the detection of offenders, will always rely
on accurate and timely intelligence.
Professional, effective intelligence management involves linking information from a wide
range of sources to build a composite picture. The collation of appropriate information, its
accurate assessment and timely analysis is vital to effective policing. This means that good
quality intelligence is the life blood of policing operations and is used to inform managers of
risk issues.
In an information-driven society, police departments are under increasing pressure to run
an intelligence-led police model. This model asserts that police can spend less time reactively
responding to crime if supported by a system that provides data analysis and crime intelli-
gence, allowing officers to reduce, disrupt, and prevent crime.2 The first step to achieve this is
to understand what is meant by “Intelligence-Led Policing”.
Despite its popularity, the effectiveness and/or efficiency of this police organization model
has not been sufficiently tested. Indeed, there is no standard definition of Intelligence-Led
Policing (ILP), which results in the fact that police work led by criminal-intelligence infor-
mation is perceived and “framed” differently, depending on the perspective of many scientists
and practitioners.
In the academic community the dominant definition of ILP was given by Ratcliffe: “In-
telligence-led policing is a business model and managerial philosophy where data analysis
and crime intelligence are pivotal to an objective, decision-making framework that facilitates
crime and problem reduction, disruption and prevention through both strategic management
and effective enforcement strategies that target prolific and serious offenders.”3
Although the concept of “criminal intelligence” is not new, it has been steadily growing in
stature and importance in the last few years. In 2000 the British Government gave its blessing
with the launch of the national intelligence model; in 2003, the US Government endorsed the
National Criminal Intelligence Sharing Plan;4 and then, in 2004, the Hague Programme of the
European Union officially declared “intelligence-led policing” as part of its five-year strategy
for establishing an area of freedom, security and justice.5 In other parts of the world, too, no-
tably in Australia, New Zealand and Canada, criminal intelligence has been embraced as the
great law enforcement hope for the future.
This article will review the meaning of “intelligence” in the law enforcement context and,
through a consideration of its inherent characteristics in further text we wish to reveal the
process of generating the criminal intelligence.
2 Ratcliffe, J.H., What is intelligence led policing? Retrieved from http://jratcliffe.net/research/ ilp.htm
(04/02/2017).
3 Ratcliffe, J.H.,Intelligence-Led Policing. Cullompton: Willan publishing, 2008, p. 89.
4 National Criminal Intelligence Sharing Plan, Retrieved from http://www.fas.org/irp/agency/doj/ncisp.pdf;
5 Council of the EU, The Hague Programme: strengthening freedom, security and justice in the European
Union (16054/04 JAl 559), 2004, p. 22.
CRIMINAL INTELLIGENCE PROCESS AND THE DEVELOPMENT OF THE CRIMINAL... 145
CRIMINAL INTELLIGENCE PROCESS

The Division of Intelligence applies the intelligence cycle to accomplish the tasks that fall
under the Division’s responsibilities. The intelligence cycle, as it pertains to criminal intelli-
gence, is the process of developing raw information into finished intelligence for consumers,
including policymakers, law enforcement executives, investigators, and patrol officers. These
consumers then use this finished intelligence for decision making and action. Intelligence
may be used, for example, to further an ongoing investigation, or to plan the allocation of
resources. Also, intelligence is used to develop the criminal threat picture, which contributes
to the overall threat picture. Its purpose is to convert police information and raw data into
usable and/or actionable Criminal Intelligence – CRIMINT.
The Intelligence Process has been depicted in a variety of ways throughout the intelligence
literature. The number of phases in the process may differ, depending on the model used, but
the intent of each model of the Intelligence Process is the same: to have a systemic, scientific,
and logical methodology to comprehensively process information to ensure that the most
accurate, actionable intelligence is produced and disseminated to the people who provide an
operational response to prevent a criminal threat from reaching fruition.6
Wherever the concept of criminal intelligence has been formally adopted, the key stages
of the intelligence cycle will be represented in some form or other: Planning and Direction,
Collection, Evaluation, Processing/Collation, Analysis and Production, Dissemination and,
Evaluation and Feedback.7 8
The following text contains individual Criminal Intelligence Process phase review:
1. Planning and Direction – involves management of the entire intelligence effort, from
identifying the need for data to delivering an intelligence product to a consumer. It is both
the beginning and the end of the cycle. It is the beginning because it involves formulating
specific collection, processing, analysis, and dissemination requirements. It is the end because
finished intelligence, which must support decision making and action, frequently generates
new information requirements. The intelligence process is consumer-driven. That is, the en-
tire process depends on guidance from the consumer – the end-user – of the intelligence.
Consumers from all levels of government – federal, state, and local – may initiate requests for
intelligence. In addition, policymakers, executives, investigators, and patrol officers usually
have different information needs. Thus, the effective planning and direction of the intelligence
effort requires an understanding of the needs of a variety of consumers.
2. Collection – is the gathering and reporting of the raw information that is needed to
produce finished intelligence. To be effective, collection should be planned, focused, and di-
rected. The place or person from which information is obtained is called a “source”. Informa-
tion and intelligence can be sourced anywhere and at any time. There are many sources of raw
information, including open sources such as governmental public records, media reports, the
Internet, periodicals, and books. Although often underestimated, open source collection is
important to an intelligence unit’s analytical capabilities. There are also confidential sources of
information. Law enforcement officers collect such information from various sources, includ-
ing citizens who report crime, investigations that are conducted, and speaking with persons
6 Carter, L. D., Low Enforcement Intelligence: A Guide for State, Local and Tribal Law Enforcement
Agencies – second edition, p. 57.
7 In accordance with European Criminal Intelligence Model – ECIM. See The Annex-A European
Criminal Intelligence Model, Justice and Home Affairs Informal, 8-9 September 2005. Retrieved from
http:// www.eu2005.gov.uk.
8 Read more about Criminal Intelligence Process see the: Šebek, V., Criminal Intelligence Models of
Police Organization in Criminality Control PhD thesis defended at the Faculty of Law, University of
Kragujevac, 2014, pp. 206–296.
who participate in criminal activity. To gather this information, law enforcement officers use a
variety of collection methods such as interviews, undercover work, and physical or electronic
surveillance. However, the most important (and often most underutilised) source for criminal
intelligence is the patrol officers who are in constant contact with the community and are the
first to attend crime scenes. The more developed the concept of criminal intelligence is, the
greater the volume of information and intelligence contributed by these patrol officers will be.
3. Evaluation – best practice has evolved whereby all information or intelligence submit-
ted is evaluated on the basis of (a) the previous history of reliability of the source and, (b) to
what degree the source has direct knowledge of the information he or she is providing (for
instance, did the source acquire the information directly, or did he or she hear it from some-
one else?). There are different systems in use for this, but, essentially, the idea is the same: to
provide an estimate of risk and reliability for the information. Often the evaluation will result
in a “source evaluation code” consisting of a letter and a number chosen from a standard grid
of options. The evaluation needs to be kept under continuous review as new information may
be discovered which changes the perception. Allied to this evaluation, there may be a further
“handling” or “dissemination” code added that limits the extent of permission for further dis-
tribution. This is intended to protect the information or intelligence from any unauthorised
disclosure.
4. Processing/Collation – processing and collation involves conversion of raw informa-
tion into a form usable by analysts. This is accomplished through information management.
Information management is the indexing, sorting, and organizing of raw data into files so
that the information can be rapidly retrieved. For example, the processing step includes entry
of data into a computer, reduction of data, collation of paper files, and other forms of in-
formation management. Effective processing and collation requires an understanding of the
consumers’ needs, the types of information that are being processed, the collection plan, and
the analytic strategy.
5. Analysis and Production – is the conversion of basic information from all sources
into finished intelligence. It includes integrating, evaluating, and analyzing all available data
– which is often fragmentary and even contradictory – and preparing intelligence products.
In short, analysis gives additional meaning to the raw information. Analysts, who are sub-
ject-matter specialists, consider the information’s reliability, validity, timeliness, and rele-
vance. They integrate data into a coherent whole, put the evaluated information in context,
and produce finished intelligence that includes assessments of events and judgments about
the implications of the information for consumers.
Intelligence and analysis units may devote their resources to producing strategic intel-
ligence for policymakers and executives, providing operational intelligence to continuing
investigations, or making available tactical intelligence for an immediate law enforcement
need. These important functions are performed by monitoring current crime and non-crime
events, warning decision makers about actual and potential threats to public safety and order,
and forecasting developments in the area of criminal activity.
Intelligence and analysis units may produce numerous written reports, which may be brief
– one page or less – or lengthy studies. They may involve current intelligence, which is of
immediate importance, or long-range assessments. Overall, the final product of “raw infor-
mation” analysis is called Criminal Intelligence – CRIMINT.
6. Dissemination – the last step, which logically feeds into the first, is the distribution of
the finished intelligence to the consumers – the same consumers whose needs initiated the
intelligence requirements. These recipients of finished intelligence then make decisions or
take action based on the intelligence that has been provided. This step should also include an
opportunity for feedback, to assess the value of the intelligence that has been provided. The
decisions, actions, and feedback may lead to the levying of more information requirements,
thus triggering the intelligence cycle once again.
7. Evaluation and Feedback – this function within the criminal intelligence process helps
determine whether or not the requested information was provided and whether or not it sup-
ports needs the requestor. The evaluation and feedback function also acts as a type of quality
control. If the information provided was inadequate or insufficient for the requestor, the in-
telligence analyst will conduct the necessary research and analysis again based on the updated
criteria provided by the requestor. The evaluation and feedback function helps requestors re-
fine their requests and the intelligence analysts refine the scope of their research and analysis.
When the information meets the needs of the requestor, the intelligence analyst can catalogue
it for possible future use, thereby amassing an organizational library of successful practices.
RESULTS OF EMPIRICAL RESEARCH

In order to get the standpoint of the respondents about a very important issue, such as col-
lecting and recording information, the authors created an interview questionnaire with value
scales, by which they examined the standpoints of the employees on this significant issue, i.e.
the willingness of police officers to collect information on a regular basis, record them, and
enter them into a formalized form or unique information system. 9
Based on the conducted research, they found out that respondents were “mostly ready”
to regularly collect, record on the appropriate report, and deliver information to a unique
information system. By analyzing the results, the authors come to the conclusion that the
average score is 3.91 and that more than half of the respondents are mostly ready for this job.
Almost a quarter of respondents are always ready, almost a fifth is neither ready nor not ready,
while only 7.3% to some extent is not ready for this type of activity. This data is encouraging
the efforts to establish a process of collecting information that will include all police officers.
9 Empirical research was carried out by a survey technique on a sample of 250 subjects selected by the
method of a disproportionate stratified sample from the following classified subgroups of the population,
based on certain professional and experiential characteristics of such subgroups:
-- subgroup (stratum) of police officers of the MoI of the RS, primarily management – Executives
of the Criminal Intelligence Service and Undercover Agents. In the descriptive text, this group is
designated Executives Intelligence Unit;
-- subgroup (stratum) of Intelligence Officers of the Criminal Intelligence Service and Undercover
Agents of the MOI of the RS. In the descriptive text this group is designated as Intelligence Officers;
-- subgroup (stratum) of Police Officers of the MOI of the RS, primarily management - Executives
of other organizational units (Service for Combating Organized Crime – SBPOK; Police Department –
PU; Police Stations – PS). In the descriptive text, this group is designed as the Executives of other Units;
-- subgroup (stratum) of other Police Officers of the MoI of the RS (Service for Combating
Organized Crime – SBPOK, Criminal Police Officers and Police Officers in Police Departments – PU;
Police Stations – PS). In the descriptive text, this group is designated as Police Officers;
-- subgroup (stratum) of Analysts engaged in all previously stated organizational units of the MoI
RS. In the descriptive text this group is designated as Analysts.
Chart 1: Number of operative information (or operative reports) made in previous six months
– descriptive measures
By inspecting the results of the research, it was found that almost one third of respondents
made 1 to 3 reports in the last six months (Chart 1). A little less than that, 27.2% of respon-
dents did not make a single report, 16.4% from made 4 to 6 reports, 11.6% from 7 to 9 reports,
and 12.8% made 10 and more reports. A detailed overview of the percentage participation of
different categories of respondents by the number of reports made in the previous six months
is given in Table 1. From here it can be seen that half of the Executives of Intelligence Unit
made from 4 to 6 reports in the previous 6 months, one-fifth from 7 to 9, same number made
10 and more reports, and only 10% did not make a single report.
Table 1: Number of operative information (or operative reports)
made in previous six months by the category of respondents
Category of respondents None From 1 to 3 From 4 to 6 From 7 to 9 10 and more
Executive Intelligence Unit 10,0% ,0% 50,0% 20,0% 20,0%

Intelligence Officers 2,0% 2,0% 18,0% 36,0% 42,0%
Executives of other Units 30,4% 41,1% 14,3% 8,9% 5,4%
Police Officers 29,3% 45,5% 17,2% 3,0% 5,1%
Analysts 57,1% 31,4% 5,7% 2,9% 2,9%
Based on the previous table, 42% of Intelligence Officers made 10 or more reports in the
previous six months, 36% made from 7 to 9 reports, 18% from 4 to 6 reports, and only 4% of
Intelligence Officers made 3 and less reports. Executives of other Units generally made fewer
reports. Most of them (41.1%) have made from 1 to 3 reports in the last six months. Almost
a third did not make a single report, while 14.3% of the Executives of other Units made from
4 to 6 reports, and same number made 7 or more reports. The structure of the number of
reports made by Police Officers is similar. Namely, Police Officers mostly wrote from 1 to 3 re-
ports (45.5%), then in 29.3% of cases they did not make a single report, in 17.2% of cases they
made from 4 to 6 reports, and only 8.1% of Police Officers have made 7 or more reports over
the past six months. Analysts are the category of respondents which makes the least reports.
In particular, 57.1% did not make any report in previous six months, less than one third of
respondents made from 1 to 3 reports, 5.7% of analysts made from 4 to 6 reports, while from
7 to 9 and 10 and more reports were made by 2.9% of Analysts.
After the conducted statistical tests, the following conclusion can be made:
-- Executives of Intelligence Units in larger percentage make from 4 to 6 reports compared
to Analysts;
-- Intelligence Officers in larger percentage make 7 or more reports compared to Executives
of other Units, Police Officers and Analysts;
-- Executives of other Units, Police Officers and Analysts in larger percentage make 3 or
fewer reports compared to Intelligence Officers, and Analysts compared to Police Officers.
Such early findings related to the development of intelligence activities on this geographic
area, that is, the standpoint and self-assessment of officers related to the recording of collected
information in formalized reports, can serve as a basis for comparison with the findings of
research conducted by Maguire and John on the sample of the population of police officers
three Police Force Areas in the UK (Lancashire, Surrey, and The West Midlands), originally
selected as areas for the pilot project of establishing the National Intelligence Model (NIM) In
the United Kingdom10. The research produced valuable information about the experiences of
three different police areas in the process of implementing this type of work.
Thus, the results of this research are very similar to the findings of the research conducted
for the needs of this work on a sample of Police Officers of various types of Police Units of MoI
RS, which defer amongst themselves (demographically, territorially, by volume, etc.).
A part of the comparative research was related to the standpoints of the respondents about
their personal engagement in the collection and recording of information. On this occasion,
the findings are similar, in the sense that staff employed in criminal intelligence units is sig-
nificantly more involved in collecting and recording information compared to other police
officers. Thus, of the other police officers involved in the survey, a significant majority (83%)
stated that they were delivering intelligence reports at least once a month, and only one of
the eight respondents reported that they submitted more than ten reports a month. About
three-quarters of the respondents stated that the subjects of the research (i.e. the object they
were collecting information about) are chosen according to their personal preferences, rather
than in response to the set instructions or priorities in the work, while the others stated that
they are performing these activities while making a balance between these two ways. Also,
over 70% of all interviewed employees claim that they collect information from more than
one source of information on a regular basis (on a daily basis), while others claim to do so
sometimes. More than 70% of respondents believe that the information thus found is general-
ly beneficial to their work, compared with only 10% of those who claim that such information
is generally not helpful.11
CONCLUSION
Criminal-intelligence affair is an activity that undoubtedly claims that the police can spend
less time reacting, i.e. responding to committed criminal activities, provided that it supports a
system that allows the collection and analysis of information with the aim of producing crim-
10 Maguire, M., & John, T., The National Intelligence Model: Early implementation experience in three police
force areas (Working Paper Series No. 50). Wales: Cardiff University School of Social Sciences, 2004.
11 Ibid, p. 38.
inal intelligence information. Such information will be strong enough to enable law enforce-
ment agencies to draw conclusions about criminal threats and to assist in decision-making,
both tactically and strategically. Therefore, we will definitely agree with the fact that criminal
intelligence information is related to the concepts of information and analysis, but also that
such products represent a “brand” of criminal intelligence units by which it communicates
with clients (service users) in the primary way.
Professional and effective criminal-intelligence work involves the collection and linking
of information from a wide range of sources on basis of which they will build a composite
image of a threat. To this end, the collection of relevant information, its accurate assessment
and timely analysis are vital for the work of the police. In addition, the quantity, but above
all, the good quality of the collected “raw information” can be linked to good criminal intel-
ligence information. The conclusion imposed based on these facts is that the mobilization
of all police officers in the process of collecting information, as well as other public-private
partners, is expected to increase not only the quantity of information, but also the quality of
the overall information management. Reason for this is that, based on the given results of
the empirical research, the absence of engagement of the largest number of police officers in
the process of collecting information is evident, and rightly it is proposes the involvement of
all the officers according to the principle “every police officer is a sensor”, i.e. a person which
will have the obligation to observe, register, make a report and forward it or enter it into a
specialized database.
In the end we must conclude that the criminal intelligence product will not have any value
if the system is unable to deliver the right information – the right people – at the appropriate
time, in order to take advantage of the values that such a product contains.
REFERENCES
1. Carter, L. D., Low Enforcement Intelligence: A Guide for State, Local and Tribal Law Enforce-
ment Agencies – second edition, 2009.
2. Council of the EU, The Hague Programme: strengthening freedom, security and justice in the
European Union (16054/04 JAl 559), 2004.
3. European Criminal Intelligence Model – ECIM. See The Annex-A European Criminal In-
telligence Model, Justice and Home Affairs Informal, 8-9 September 2005.
4. Maguire, M., & John, T., The National Intelligence Model: Early implementation experience
in three police force areas (Working Paper Series No. 50). Wales: Cardiff University School
of Social Sciences, 2004.
5. National Criminal Intelligence Sharing Plan, Retrieved from http://www.fas.org/irp/agen-
cy/doj/ncisp.pdf.
6. Ratcliffe, J.H., What is intelligence led policing? Retrieved from http://jratcliffe.net/research/
ilp.htm.
7. Ratcliffe, J.H.,Intelligence-Led Policing. Cullompton: Willan publishing, 2008.
8. Šebek, V., Criminal Intelligence Models of Police Organization in Criminality Con-
trol, PhD thesis defended at the Faculty of Law, University of Kragujevac, 2014.
THE USE OF SPECIAL KNOWLEDGE
IN THE PROCESS OF PROVING IN THE CRIMINAL
PROCEEDINGS OF RUSSIA AND SERBIA:
A COMPARATIVE ANALYSIS
Zhilenkova Tatiana Sergeevna1
Department of Judicial Examination and Criminalistics
of the Russian State University of Justice
Abstract: The article considers a brief analysis of the legislation relating to the use
of professional knowledge in the criminal process of the Russian Federation and the
Republic of Serbia. Some peculiarities of national legislation are revealed. Similarities
and differences are shown on some issues related to special knowledge. The notion
of special knowledge is given, the question of the admissibility of the appointment
(and conduct) of legal expertise is briefly considered, and the use of specialized
knowledge as expertise is considered. Concerning the examination, the analysis was
carried out according to the following criteria. The persons entitled to appoint an
examination expert are named, a comparative analysis of the contents of the decision
on the appointment of an expert examination is made, and the classification of
forensic examinations in both countries is indicated. In addition, the author presents
the content of the expert’s concept, and the concept of the expert’s conclusion. The
author focuses on the figure of the specialist participating in the criminal procedure
legislation of Russia, and the expert adviser, whose participation is provided for in the
criminal proceedings of Serbia. The author gives a brief demarcation of the figures
of an expert and a specialist in Russia and of an expert and expert adviser in Serbia.
The expediency of introducing certain provisions of the legislation of the Republic of
Serbia into the Code of Criminal Procedure of the Russian Federation is justified.
Keywords: judicial examination, expert, order of court examination, expert opinion,
professional knowledge, specialist, criminal proceedings.
INTRODUCTION
Professional knowledge is essential to provide evidence for the objective examination and
resolution of criminal cases in criminal proceedings. The use of professional knowledge by
participants in criminal proceedings is permissible at various stages of the process. The study
of the use of professional knowledge shows that they have found wide application in the inves-
tigation and examination of criminal cases in both the Russian Federation and the Republic
of Serbia. Investigative and judicial bodies of both countries investigate and consider a variety
of crimes, which can only be disclosed by applying professional knowledge.
152 Zhilenkova Tatiana Sergeevna
THE CONCEPT OF PROFESSIONAL KNOWLEDGE.

The enactor of the Russian Federation includes knowledge in the field of science, tech-
niques, art or craft to professional knowledge. The definition of professional knowledge
is contained in the science of the criminal process in Russia only, where there are different
points of view. A very interesting view is that professional knowledge includes theoretical
knowledge and practical abilities. Therefore, professional knowledge can be acquired not only
through education, but also in the process of professional activity. Also, professional activity
can be based on special theoretical training, which can be obtained not in connection with
the education (for example, tailors). In general, an understanding is formed that professional
knowledge includes theoretical knowledge and practical skills in the field of science, tech-
niques, art or craft.
The enactor of Serbia and of Russia assigns knowledge, which the person receives through
professional education or professional activity, to professional knowledge.
The question of assigning legal knowledge to special ones is an important issue for re-
search2. Unlike the Code of Criminal Procedure of the Russian Federation, the Code of Crim-
inal Procedure of Serbia (Part 2, Article 113) contains the following provision: examination
can not be ordered with the purpose of establishing or estimating of legal questions that are
resolved in legal proceedings. The CCP RF does not contain an answer to this question.
Thus, it follows that legal expertise in Serbia, as well as in Russia, can not be ordered on
the questions of evaluation of the act3. The expert can not answer the legal questions resolved
during the trial. This provision of the CCP of Serbia excludes the possibility of putting such
questions to the examination, because the final evaluation of such questions applies to the
competence of the court. Also, examination cannot be ordered to the questions of the eval-
uation act in Russia. Accordingly, for all other questions the order of a legal examination is
possible.
CONCEPT AND ESSENCE OF JUDICIAL EXAMINATION

According to the criminal procedural legislation of both Russia and Serbia, one of the
most spread forms of using professional knowledge is judicial examination.
In the Russian legislation, the concept of judicial examination is contained in Art. 9 of the
Federal Law on State Forensic Expert Activities in the Russian Federation, according to which
judicial examination is a procedural act consisting of conducting research and giving expert
opinions on question for resolution, which are put before an expert by a court, a judge, an
body of inquiry, a investigator, an interrogator, in order to establish the circumstances to be
proved in a particular case and requires professional knowledge in the field of science, tech-
2 More about question of assigning legal knowledge to professional in Russia see: Koysin A.A., Use of
professional knowledge in legal proceedings, Textbook, allowance / Ministry of Education and Science
of the Russian Federation, Federal State budget educational institution. prof. Education “Irkutsk state
un. “, Juridical Institute. Irkutsk: IGU, 2013; Trapeznikova I.I., Professional knowledge in the criminal
process of Russia (concept, signs, structure): the author’s abstract. dis. ... cand. of legal sciences.
Chelyabinsk, 2004, p. 7; Arseniev V.D., Zablotsky V.G., Use of professional knowledge in determining
the actual circumstances of a criminal case, Krasnoyarsk, Publishing house Krasnoyarsk University,
1986; Zhilenkova T.S., Issue of Use of Legal Knowledge as professional in Commissioning of Forensic
Expert Examination, Russian justice, № 10, 2017, pp. 78–85.
3 See, for example: Dr Momcilo Grubac, Expert in Criminal Matters under the new Criminal Procedure
Code, Glasnik of Vojvodina’s Advocate Chamber., year LXXXVI, Novi Sad, February 2015, Book 75
Number 2, p. 76.
THE USE OF SPECIAL KNOWLEDGE IN THE PROCESS OF PROVING IN THE...153
niques, art or craft. There is no clear definition of the concept of judicial expertise in the Code
of Criminal Procedure of the Russian Federation. The Regulation of the RF Supreme Court
plenum of 21/12/2010 N 28 “About judicial examination in criminal cases”4 notes that it is a
study using professional knowledge in science, techniques, art or craft. This is the procedural
action.
Legal expert activity in the Republic of Serbia is regulated as follows. The Criminal Proce-
dure Code of the Republic of Serbia does not contain the concept of judicial examination, but
it establishes that the procedural body in Serbia appoints an expert when it is necessary to use
professional knowledge to establish or evaluate some facts in the proceedings.5
Professor Momcilo Grubach6 notes in his article that examination is an evidential action
that brings to the process the evidence of disinterested professional personnel for facts for
which the establishment of legal qualifications and general education of judges and prosecu-
tors is not enough7.
The court, the judge, the body of inquiry, the person conducting the inquiry, the investi-
gator, they all have the right to order judicial examination in Russia. The court or the court
chamber (collegium), the police, and the prosecutor have this right in Serbia. It should be not-
ed that in Serbia, unlike Russia, the prosecutor has the right to order a judicial examination.
The form of the document to order judicial expertise is somewhat different in the pro-
ceedings of Russia and Serbia. The procedure for ordering judicial examination is regulated in
Art. 195 and 283 of the Code of Criminal Procedure of the Russian Federation in the Russian
Federation, and Art. 118 of the Code of Criminal Procedure of Serbia in the Republic Serbia.
There are some differences in the content of the decision on the order8 of institute of ju-
dicial expertise in Russia and Serbia. There are some general concepts such as the reasons for
ordering expertise, the data on the expert or the expert institution in which the examination
is to be conducted, the questions posed to the expert. The content of the order on an expert
examination in Serbia is much broader than in Russia. Thus, order on an expert examination
in Serbia includes the time limit for carrying out the examination, while there is an indica-
tion of the time limit for submitting findings and opinions in the civil process in Russia, in
the criminal process such norm is not contained. Also, Russian legislation doesn’t include an
obligation for the finding and opinion to be delivered in a sufficient number of copies for the
court and the parties. An indication of an obligation for exempted and secured samples, trac-
es and suspicious substances is also contained only in the legislation of the Republic of Serbia.
The criminal procedural legislation of both countries includes the obligation to not dis-
close the investigation data that became known to the expert in connection with the produc-
tion of the expert examination, a warning about the responsibility for providing false findings
and opinions, and the need to indicate the name of the body that institutes the examination.
4 About forensic examination in criminal cases: the RF Supreme Court plenum of 21.12/2010 N 28,
electronic resource, database “Consultant Plus”, https://rg.ru/2010/12/30/postanovlenie-dok.html (last
visited on 06/07/2017).
5 More about term expertise in Serbia see: Simonovic, B. Kriminalistika, Pravni fakultet, Kragujevac,
2004, p. 330.
6 Dr Momčilo Grubač, Expert in Criminal Matters according to the new Criminal Procedure Code,
Glasnik of Vojvodina’s Advocate Chamber, year LXXXVI, Novi Sad, February 2015, Book 75 No. 2, pp.
75–91.
7 For the notion of expertise and experts, see: T. Vasiljević, System of Criminal Proceedings of SFRY,
Belgrade 1981, p. 334; D. Krapac, Criminal Procedure Law, First Book: Institutions, Zagreb 2010, p. 472;
B. Marković, Journal of Criminal Proceedings, Belgrade, 1930, p. 355; N. Ogreleica, Criminal Procedure
Law, Zagreb 1899, p. 368; M. Grubač, Criminal Proceedings, Belgrade, 2011, p. 280; D. Siracusano, A.
Galati, G. Tranchina, E. Zappalà, Diritto processuale penale, volume primo, Milan, 2001, p. 365.
8 See more: Milosevic, M., Kesic, T., Boskovic, A. Policija u krivicnom postupku, Kriminalisticko-
policijska akademija, Belgrade, p. 132.
The organizational procedural classification of judicial examinations is present both in the

Russian procedural legislation and in the legislation of Serbia.
According to the scope of the study, judicial expertise in both Russia and Serbia can be
basic and supplementary. According to the sequence of conduct, judicial examinations can
be primary and repeated.
In the criminal proceedings of Russia the appointment of supplementary expertise is pos-
sible when new questions arise regarding the previously investigated circumstances of the
criminal case. Supplementary expertise is assigned for the same object (sometimes for sup-
plementary objects), of the same sort, kind, when new questions arise. Repeated examination
is ordered if there are doubts about the validity of the expert’s opinion or the presence of con-
tradictions in the conclusions of the expert or experts, for the same questions as the main one.
According to the CPC of Serbia, a second expert examination can be appointed if the
conclusions of the first expert examination are unclear, incomplete, vague or erroneous, and
also if they contradict themselves or the circumstances of the case, or if there are doubts
about their truth. If these shortcomings cannot be eliminated by conducting a second or sup-
plementary examination, the procedural body appoints another expert who will conduct a
new examination. That is a repeated expert examination in the understanding of the Russian
legislation.
By the number of performers, judicial examinations are divided into individual and com-
mission. Art. 200 of the Code of Criminal Procedure states that the commission expertise is
an examination that is conducted by at least two experts of one profession. Expertise, con-
ducted by experts of different specialties, is called comprehensive. In Russia, the concept of
commission examination is examined in two aspects: a simple commission that is conducted
by experts of one specialty, and a complex commissioned by experts of different specialties.
The CPC of Serbia notes that if the examination is complex, then two or more experts are
appointed for its conduct. The concept of complex expertise in the CCP of Serbia is not con-
tained. At the same time, the question of the specialties of experts is not specified.
EXPERT CONCEPTS
In the case of expert examination, an expert is appointed. According to the Code of Crim-
inal Procedure of the Russian Federation, an expert is a person with professional knowledge
and is appointed in accordance with the procedure established by the Code of Criminal Pro-
cedure for the production of judicial examination and the giving of an expert opinion. Thus, a
judicial expert is a person who is knowledgeable in a certain field of science, techniques, art or
craft and who does not have a personal interest in the case, who is involved in the procedure
established by law to resolve issues of investigation and trial9.
According to the legislation of Serbia, an expert is a person with professional knowledge,
involved in establishing or evaluating facts in the proceedings. Examination can be entrusted
to an expert from the permanent list (register), or to a legal expert agency. In some cases,
other persons may be appointed, if circumstances require so. In some cases, the production of
expertise can be entrusted to a foreigner or to foreign institutions on the profile of expertise.
It should be noted that the experts are not from the lists of permanent experts. It should be
noted that the creation of such a register is also relevant for Russia. In Russia, the draft of a
new law on legal expert activity has been developed, which provides for the creation of a state
9 See, for example: Moiseeva T.F., Fundamentals of forensic expert activity: Lecture notes, Moscow,
Russian State University of Justice, 2016, p. 17.
register of judicial experts, which includes information on persons with special knowledge
and who have received a certificate of competence.
The person involved as an expert is warned about criminal responsibility under both Rus-
sian legislation and the legislation of the Republic of Serbia. Also, the legislation of Serbia stip-
ulates that an expert must submit his/her findings and opinions within a limited time frame.
In Russia, a similar provision of legislation is provided only in civil procedural legislation. In
addition, in Serbia, it is the duty of the expert to take the oath. The expert is invited to take
the oath before the production of the examination. The permanent expert is warned before
the production of the examination about the oath taken earlier. Thus, there is no need to sign
each time that the expert knows his/her rights and duties. It seems advisable for state experts
in Russia to introduce into the law a rule that requires the oath to be taken once one is given
the right to make expert examinations.
ABOUT THE EXPERT’S OPINION

The result of the examination of the CPC of the Russian Federation is that the expert’s
opinion reflects the progress and results of the expert examination conducted and represents
the written content of the examination and findings on the questions put before the expert by
the person conducting criminal proceedings or the parties. It is always a written document,
the content of which is regulated by law. According to the CPC of Serbia, an expert witness’s
findings and opinion given orally is entered immediately in the record. Information about the
qualifications of the expert, and information about the persons present at the examination is
indicated in the expert opinion.10
THE CONCEPT OF A SPECIALIST AND EXPERT ADVISER

AND THEIR RELATIONSHIP
It is interesting correlation between a specialist in the Russian Federation and an expert
adviser in Serbia.
According to the Article 58 of the Code of Criminal Procedure of the Russian Federation,
a specialist is a person with professional knowledge, who is involved in procedural actions in
accordance with the procedure established by the Code of Criminal Procedure, in order to as-
sist in the detection, fixing and seizure of items and documents, the use of technical means in
researching of materials of criminal case, for raising questions to the expert, and also for clar-
ifying to the parties and the court the questions falling in his/her professional competence.
In the legislation of Serbia, an expert adviser is a person with professional knowledge in
the field in which the examination is carried out.
The figure of an expert adviser in Serbia and a specialist in Russia are an additional remedy
and a guarantee of the rights of the accused, which strengthens his/her position and expands
the rights of his/her defense. An expert adviser in Serbia can also be enlisted to help a private
prosecutor, while a specialist in Russia can be enlisted to help the parties and the court. The
purposes of attracting an expert adviser are to clarify the conclusions and conclusions of the
expert, to assist in the formulation of competent questions to the expert, to file an objection to
10 More about expert findings and opinion in Serbia see: Boskovic, A., Kesic, T., Krivicno procesno
pravo, Kriminalisticko-policijska akademija, Belgrade, 2015, pp. 216–217.
the conclusions and conclusions of the expert when necessary, and to provide other assistance
related to the production of the examination.
Through the institution of an expert adviser, the defense side in Serbia was given the right
to represent its own views on the subject of the examination. The defense side realizes this
right through the figure of a specialist in Russia. It seems that in Serbia the participation and
the possibility of realizing the rights of the expert adviser are more legal. In Russia, the func-
tions of a specialist are broader and include the possibility of attracting him on questions of
professional knowledge, regardless of the conduct of the examination in the case. The expert
in the Russian criminal trial also has the functions of an expert adviser in the Serbian criminal
process (assistance in assessing the validity of the expert’s conclusion, raising questions and
others related to the examination conducted in the case). In the Russian criminal trial, the
participation of a specialist is possible in the form of specialist’s opinion and specialist evi-
dence. The specialist evidence is the proof of the case in Russia indisputably. The problem of
the Russian criminal process on this issue lies in the fact that the law does not define the con-
ditions for recognizing the expert opinion as an admissible proof. Courts prefer to interrogate
a specialist on the expertise, and then his/her testimony is regarded as evidence.
ABOUT THE DIFFERENCE BETWEEN AN EXPERT

AND AN EXPERT ADVISER IN SERBIA,
AN EXPERT AND A SPECIALIST IN RUSSIA
The difference between an expert and an expert adviser in the criminal process of the Re-
public of Serbia is primarily that it is the expert who is tasked with establishing and evaluating
certain facts in the process, which results in the expert opinion as evidence, while the expert
adviser’s the main task is to assist the party (defense) in the examination conducted in the
case. However, both the expert and the expert adviser must possess professional knowledge
from the area in which the examination is carried out. It should also be noted that both the
expert and the expert adviser take the oath.
The main difference between an expert and a specialist in the criminal process of Russia
is that the expert conducts research, and the specialist expresses opinions (opinion) on the
questions requiring professional knowledge.
CONCLUDING REMARKS
Thus, after a comparative analysis, it should be noted that the use of special knowledge
in Russia and Serbia has some similarities. The need to adopt some experience of Serbia in
improving the norms of the criminal procedure legislation must also be noted. So, it is of
interest that the expert takes an oath when he/she obtains the right to be an expert (in office),
which subsequently releases the persons authorized to order an expert examination from an
additional explanation to the expert each time of his/her rights, duties and responsibilities. It
seems expedient to create a register of state forensic experts in Russia following the example
of the Republic of Serbia. It also seems possible to specify and legislatively fix the functions of
a specialist, as it was done with the expert adviser in the legislation of Serbia.
REFERENCES
1. About judicial examination in criminal cases: Resolution of the Plenum of the Supreme
Court of the Russian Federation of December 21, 2010, No. 28, Electronic resource, da-
tabase “Consultant Plus”, accessed on 06/07/2017: https://rg.ru/2010/12/30 /postanovle-
nie-dok.html.
2. Arsen’ev, V.D., Zablotsky, V.G., Use of professional knowledge in determining the actual cir-
cumstances of a criminal case, Krasnoyarsk, Publishing house Krasnoyarsk University, 1986.
3. Boskovic, A., Kesic, T. Krivicno procesno pravo, Kriminalisticko-policijska akademija, Bel-
grade, 2015.
4. Commentary to the Code of Criminal Procedure of the Russian Federation, Ed. GI Zag-
orsky, Moscow, Prospekt, 2016, p. 1216.
5. Dr Momčilo Grubač, Expert in Criminal Matters according to the new Criminal Procedure
Code, Glasnik Vojvodina’s Advocate Chamber, Year LXXXVI, Novi Sad, February 2015,
Book 75 No. 2.
6. Koysin A.A. Use of professional knowledge in legal proceedings: Textbook. allowance / Min-
istry of Education and Science of the Russian Federation, Federal State budget educational
institution. prof. Education “Irkutsk state un.”, Juridical Institute, Irkutsk: IGU, 2013.
7. Lazareva L.V. Professional knowledge and their application in proving in a criminal case:
Monograph, Moscow, Publishing house of LLC “Yurlitinform”, 2009, p. 224.
8. Milosevic, M., Kesic, T., Boskovic, A., Policija u krivicnom postupku, Kriminalis-
ticko-policijska akademija, Belgrade.
9. Moiseeva T.F., Fundamentals of forensic expert activity: Lecture notes, Moscow, Russian
State University of Justice, 2016.
10. Simonovic, B. Kriminalistika, Pravni fakultet, Kragujevac, 2004.
11. Trapeznikova I.I., Author’s abstract ... diss. for the degree of Cand. Professional knowledge
in the criminal process of Russia (concept, signs, structure). Chelyabinsk, 2004.
12. Trapeznikova I.I., Professional knowledge in the criminal process of Russia (concept, signs,
structure): the author’s abstract. dis. ... cand. of legal sciences. Chelyabinsk, 2004. p. 7.
13. Zhilenkova T.S., Issue of Use of Legal Knowledge as Professional in Commissioning of
Forensic Expert Examination, Russian justice, № 10, 2017, pp. 78–85.
INTERNATIONAL ASPECT OF THE PROSECUTION
OF UNLAWFUL PRODUCTION AND CIRCULATION
OF NARCOTIC DRUGS
Veljko Delibasic PhD, Research Associate,
lawyer from Belgrade1
Milena Nikolic2
Abstract: After the introductory part, this paper deals with the cooperation within the
international community in combating narcotics abuse. Then, the paper moves on to
the prosecution side of the narcotics abuse problem, thus pointing to the international
aspect of the jurisdiction to prosecute the offenders of criminal offenses related to
narcotic drugs. This part also analyzes the Single Convention on Narcotic Drugs and
the Convention on Psychotropic Substances that, inter alia, stipulate that any of the
offenses provided for under these conventions, is considered a separate offense if done
in different countries and that convictions made abroad for such offenses are taken
into account to determine the recidivism. In that regard, it points out to the solution
that exists in our criminal proceeding. The following part of the paper discusses the
criminal offense of unlawful production and distribution of narcotic drugs from Article
246 of the Criminal Code, citing the international conventions which are of special
importance for the regulation of such criminal offense. Special attention is paid to the
object of criminal offense together with the recommendation that the term “narcotic
drugs” in the Criminal Code should be replaced by the term “psychoactive controlled
substance” along with providing arguments for such a solution. Considering that the
effective combating of international narcotics smuggling requires a special evidence
gathering known as controlled delivery as referred in Article 181-182 of the Code
of Criminal Procedure, a special attention is given to this matter. At the end of the
paper the conclusions are presented along with the quotes of the specific proposals that
would lead to the change in some legal solutions in order to efficiently prosecute the
unlawful production and distribution of narcotic drugs.
Keywords: narcotic drugs, psychoactive substances, controlled delivery, narcotic
drugs abuse.
INTRODUCTION
Production and circulation of narcotic drugs is nowadays brought under the control of the
states and the international community worldwide so are limited to the amount needed for
medical and scientific purposes. The activities that go beyond these frames are sanctioned as
criminal offenses, so that, when it comes to narcotics, a severe and publicly accepted prohibi-
tion is in place aiming primarily to protect public health. It should be taken into consideration
that a criminal offense linked to narcotics, since the beginning of the last century to the pres-
1 [email protected]
2 [email protected]
160 Veljko Delibasic, Milena Nikolic
ent, is one of the most important phenomena and a matter of global concern. Such a position
is justified since the abuse of narcotic drugs endangers or harms human health in the modern
world and in our country, taking the form of an epidemic. Therefore, there is a great interest of
the international community to prevent narcotics abuse. Spreading of narcotics abuse and the
danger that carries with it, imposes the need to intervene at the global level. This is made pos-
sible by establishing the organization of United Nations, although certain results have been
achieved even in the time of the League of Nations and even before that. A large number of
conventions relating to this area and the importance of the fight against narcotics drug abuse
implies a constant need to study this issue.
The high degree of social development, science and technology has resulted in the emer-
gence of contemporary forms of crime, which certainly presents a challenge imposed on the
countries and the international community having no easy task to be coped with by legal and
legitimate means to fight all forms of crime including those related to the abuse of narcotic
drugs. Given that crime nowadays knows no boundaries and that the fight against it is not
an independent matter of each individual country but of the entire international community,
the most diverse forms of international cooperation in criminal matters are being created. In
doing so, the international community in combating narcotics abuse implements innovation
of the existing and creation of new mechanisms of cooperation among the competent author-
ities, as well as the adoption of new solutions in the criminal justice protection. In combating
narcotics abuse the police cooperation is a matter of special importance without which the
fight against this form of crime cannot be imagined, including the cooperation among other
authorities in order to prevent and take repressive measures.3
COOPERATION WITHIN THE INTERNATIONAL COMMUNITY

IN COMBATING NARCOTICS ABUSE
The balance between preventive and repressive measures applied in the fight against nar-
cotics abuse, on the one hand, and fundamental human rights and freedoms, on the other, are
the basis upon which the strategic concept for combating this negative social phenomenon
has been established. International cooperation in criminal matters has been significantly im-
proved thanks to a number of institutional cooperations between the organizations, such as,
for example, Eurojust, Europol, European Judicial Network in Europe and others. We should
also mention the European Monitoring Centre for Drugs and Drug Addiction - EMCDDA)4
which is an independent institution that deals with scientific analysis and processing of the in-
formation related to smuggling and abuse of narcotics as well as with creation of proposals for
appropriate strategies and action plans. It was founded in 1993, and its particularly important
contribution represents a harmonized methodology for the collection of national legislation
on narcotic drugs that undergoes analytical processing. The center works with the support of
the European Information Network on Drugs and Drug Addiction.5
When it comes to cooperation within the international community in combating nar-
cotics, it can be said that the engagement of Serbia is satisfactory. The Law on Psychoactive
Controlled Substances (Article 93) provides for the obligation for the ministry responsible
for health to participate at the international level in combating the abuse of psychoactive
controlled substances. Cooperation with the agencies of the United Nations, such as the Inter-
national Narcotics Control Bureau (INCB), the World Health Organization (WHO), as well
3 Delibasic V., Suzbijanje zloupotreba opojnih droga sa stanovišta krivičnog prava, Belgrade, 2014, p. 68.
4 www.emcdda.europa.eu/
5 Reitox Network, www.emcdda.europa.eu/about/partners/reitox-network
as with other organizations and bodies of the United Nations is realized through this ministry.
Also, there is cooperation with the bodies of the European Union in the field of psychoactive
controlled substances, as well as with the European Monitoring Centre for Drugs and Drug
Addiction (EMCDDA). In addition, the ministry cooperates with the agencies and national
authorities of other countries that deal with various aspects in the area of psychoactive con-
trolled substances.
On the basis of the same statutory provision, the ministry carries out the ratified conven-
tions of the United Nations in the field of psychoactive controlled substances and enables
implementation of the procedures that ensure the availability of psychoactive controlled sub-
stances for medical applications, as well as for scientific purposes. At the same time, the min-
istry responsible for health submits to the International Narcotics Control Bureau reports on:
a) agricultural areas planted with plants from which psychoactive controlled substances can
be obtained; b) confiscated volumes of psychoactive controlled substances; c) implementation
of international treaties on psychoactive controlled substances; d) production of plants from
which psychoactive controlled substances can be obtained; e) production of psychoactive
controlled substances; f) export and import of psychoactive controlled substances; g) applica-
tion of psychoactive controlled substances; f) reserves of psychoactive controlled substances;
and g) other reports at the request of the International Bureau of Narcotics Control.
It should be noted that our previous criminal procedural law prescribed a provision ac-
cording to which an authority before which a criminal proceeding has been brought, had the
obligation to submit, without delay, to the Ministry of Interior6 both information about the
criminal offense and the offender and the final judgement of a first instance court, when it
came to the criminal offenses for which centralization of data was prescribed under the inter-
national treaties. Such obligations existed, inter alia, for the criminal offenses related to nar-
cotic drugs, which was explicitly provided for in the Criminal Procedure Act7 (Article 521) or
the Criminal Procedure Code8 (Article 535). The mere provision was not compatible with the
terminology used in the newer laws regulating such criminal offenses, because the concerned
obligation was referring, among other things, to the criminal offense of “unlawful production,
processing and sale of narcotic drugs and poisons”9 while the criminal acts were referred to as
“unlawful production and putting into circulation of narcotic drugs” (Article 245 of Criminal
Code of FRY), and later as the “illegal production, possession and putting into circulation of
narcotic drugs” (Article 245 of GCC, or Article 246 of Criminal Code).
The provisions of the Code of Criminal Procedure which regulate the procedure for the
provision of international legal assistance and enforcement of international treaties in crimi-
nal matters (Art. 530-538) ceased to have effect upon the entry into force of the Act on Mutual
Legal Assistance in Criminal Matters10 which governs this matter as of 2009. However, this
law does not include a provision stipulating the obligation to submit data on criminal offenses
related to narcotic drugs to the Ministry of Interior, for the simple reason that the Ministry
of Interior files criminal charges against persons suspected of such criminal offenses so these
data are already gathered in one place from which can be delivered to the international bodies
in order to fulfill our international obligations. Such a need existed at a time when our coun-
try was a federal state with the several separate ministries of interior. However, given the fact
that criminal charges in each case do not imply initiation of a criminal proceeding and that
6 At the time of the federal state, this was the Federal Secretariat of Interior or the Federal Ministry of
the Interior.
7 “Službeni list SFRJ”, no. 4/77, 36/77, 14/85, 74/87, 57/89 and 3/90 and “ Službeni list SRJ “, no. 27/92
and 24/94.
8 “ Službeni list SRJ “, no. 70/01 and 68/02.
9 The offense under this name was stipulated under the Criminal Code FPRY 1951 (Article 208).
10 “Službeni glasnik RS”, No. 20/09.
the criminal proceeding do not always end in a conviction, it would be beneficial to prescribe
the obligation of the first instance court to deliver the final judgement to the Ministry of
Interior, in such a way facilitating international cooperation in combating narcotics abuse.11
Narcotic drugs are linked with crime in multiple ways. Traditionally, the production and
distribution of narcotics is considered one of the most classic activities of organized criminal
groups.12 After the abolition of prohibition in the United States, drug trafficking as a form
of manifestation of the organized crime is the most lucrative criminal activity. Due to the
huge market and high profits, this business is difficult to control and monopolize, therefore
in this area new associations and new organizations are constantly emerging. In addition, the
narcotics appear as the second largest industry in the world, behind oil. It is interesting that
from the narcotics manufacturer to the last seller, there are eight intermediaries in average
and each time the profit doubles.13 In this regard, it should be noted that Europol’s research
shows that in Europe 80% of the money paid by the final consumers for the purchase of nar-
cotics, comes from criminal activities representing half of the total money gained by crime.14
Also, according to Interpol, a large part of international crime is directly or indirectly related
to narcotics.15 Those criminal offenses generally have a markedly transnational character and
in practice are mainly implemented through an intensive “international cooperation” among
criminal organizations from different countries and even continents.
The fact that drug trafficking is the most profitable and the most frequent illegal trade in
the world market, has always imposed the need to regulate this problem at the international
level. For this reason it requires a daily battle and quality mechanisms in order to be erad-
icated. One such mechanism, of course, represents the international legislation relating to
narcotic drugs. A tendency to control and combat narcotic drugs trafficking by some kind of
international convention has been observed since long ago. Throughout the twentieth century
an international effort was made to fight drug trafficking. US President Theodore Roosevelt
urged thirteen countries to establish an international opium commission in 1909, which in
the following period brought a number of resolutions recommending reduction in the use of
opium. A formal convention followed a few years later (Convention Relating to the Suppres-
sion of the Abuse of Opium and Other Drugs, January 23, 1912, 38 Stat 1912 8LNTS 187).
The following multilateral convention was adopted with the aim to regulate the use of narcotic
drugs for medical and scientific purposes, under the auspices of the League of Nations (Con-
vention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs,
Geneva, 13 July 1931). In 1946 UN Economic and Social Council established the Commission
on Narcotic Drugs (Resolution of the First Session of the Economic and Social Council, Of-
ficial Records, ECOSOC, First Session, 1946, Vol 1, p. 168), for the effective implementation
of measures against abuse of narcotic drugs.16 In the coming years, UN passes a number of
conventions that represent a new and adequate framework in the fight against illegal drug
trafficking.17
11 This proposal is mentioned for faster and more efficient data collection and systematization of data,
but it should be taken with caution, as data on all offenses and offenders, including those relating to the
criminal offenses related to narcotic drugs, are registered in the Statistical Office of the RS and in the
criminal records of the Ministry of Interior.
12 Šikman M., Organizovani kriminalitet-krivični, procesni i kriminalistički aspekt, Banja Luka, 2010, p. 295.
13 Dobovšek B., Petrović B., Mreže organizovanog kriminaliteta, Sarajevo, 2007, p. 15.
14 Gogić D., Trgovina drogom kao delatnost organizovanog kriminala, specialist thesis, Belgrade, 2009, p. 5.
15 Ignjatović Dj., Kriminologija, Belgrade, 2000, p. 229.
16 Bantekas I., Nash S., International Criminal Law, Third Edition, Taylor & Francis e-Library, London,
2009, p. 240-241.
17 Bassiouni C., The International Narcotics Control Scheme, New York, 1986, p. 507.
The Economic and Social Council of the United Nations convened a conference aimed
at the adoption of the Single Convention on Narcotic Drugs, 1961.18 Its main tasks were uni-
fication of the whole matter, which would replace multilateral instruments that existed in
this matter by a single instrument, reduce the number of international bodies established by
the existing instruments exclusively dealing with the control of narcotic drugs and ensuring
control of raw materials necessary for the production of narcotic drugs.19 The preamble to
the Convention recognizes the need for the medical use of narcotic drugs in relieving pain
in parallel with the need to have mechanisms to support the justification of use for such pur-
poses. Control in the signatory states is done through the Commission on Narcotic Drugs of
the Economic and Social Council and the International Committee for the Control of Nar-
cotic Drugs. Additional Protocol to the Convention was adopted in 1972. The Convention
on Psychotropic Substances20 was adopted at a conference in Vienna in 1971. Just like the
Single Convention on Narcotic Drugs, this convention also tries to separate the illegal trade
in psychotropic substances from the limited legal use for medical purposes. Cooperation of
all countries is required as well as submission of regular reports on the implementation of the
convention. Also, in Vienna in 1988 the United Nations Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances was adopted.21 From the preamble to the Con-
vention, it can be concluded that it emerged from the deep concerns with respect to the size
and growth of the unlawful production, demand and trade in narcotic drugs and psychotro-
pic substances. Indeed, an inadequacy of the Conventions of 1961 and 1971 to counter such
phenomena contributed the adoption of this convention.
In addition to the proceeds of the above mentioned international regulations, the World
Health Organization has a great importance in the fight against drug abuse achieved, in par-
ticular by prescribing the lists of substances which are considered forbidden. Furthermore,
other important international bodies that have been established in order to combat drug traf-
ficking are: UN Office for Drug Control and Crime Prevention, Interpol, the US Agency for
combating drugs, Europol, Interregional Institute for Crime and Justice, different non-gov-
ernmental organizations, as well as many other bodies.22
INTERNATIONAL ASPECT OF THE JURISDICTION

FOR PROSECUTION OF OFFENDERS
Our country has ratified the Unique Convention on Narcotic Drugs of 1961 and the Pro-
tocol on Amending the Single Convention on Narcotic Drugs of 1972. This Convention (Ar-
ticle 35) provides for the necessary measures to combat illicit trafficking in narcotic drugs. In
accordance with this provision, taking into account their constitutional, legal and administra-
tive systems, the parties signatories shall: a) ensure the harmonization at the national level of
preventive and repressive action against the illicit traffic and determine an appropriate agency
for coordination; b) assist each other in the fight against illicit traffic; c) closely cooperate with
each other and with the competent international organizations to which they belong in order
to lead a concerted fight against illicit trafficking; d) ensure that the international cooperation
between the relevant agencies is done in an expeditious manner; e) ensure that the transmittal
of legal papers between the countries for the purpose of persecution is effected in an expedi-
tious manner to the addresses of judicial bodies designated by the parties, without prejudice
18 ’’Službeni list SFRJ-Dodatak ‘’, No. 2/64
19 Lopez-Ray M., A Guide to United Nations Criminal Policy, Aldershot, Gower, 1985, p. 52.
20 ‘’Službeni list SFRJ ‘’, No. 40/73
21 ‘’Službeni list SFRJ-Međunarodni ugovori “, No. 14/90
22 Lopez-Ray M., op. cit.
to the right of a party to require that legal papers be sent to it through the diplomatic chan-
nel; f) furnish, if they deem it appropriate, to the International Narcotics Control Board and
the Commission on Narcotics Drugs through the Secretary-General, information relating to
illicit drug activity within their borders, including information on illicit cultivation, produc-
tion, manufacture and use of, and on illicit trafficking in drugs; g) furnish information at the
request of a party.
Also, subject to its constitutional limitations of each party, its legal system and its na-
tional legislation (Article 36, paragraph 2) the Single Convention on Narcotic Drugs, inter
alia, provides as follows: a) each of the offenses provided for under this Convention shall be
considered as a distinct offense if committed in different countries; b) intentional participa-
tion in any of such offenses, conspiracy or attempt to commit any of such offences, as well as
intentional act of preparatory or financial operations in connection with such offenses shall
constitute criminal offenses for which penalties shall be imposed; v) foreign convictions for
such offenses are taken into account for establishing recidivism; g) such offences committed
either by nationals or by foreigners shall be prosecuted by the party in whose territory the
offence was committed, or by the party in whose territory the offender is found if extradition
is not acceptable in conformity with the law of the party to which application is made, and
if such offender has not already been prosecuted and judgement given. Parties shall consider
such offence as an extraditable offence in any extradition treaty existing between parties; f)
if a party which makes extradition conditional on the existence of a treaty receives a request
for extradition from another party with which it has no extradition treaty, it may at its option
consider this Convention as the legal basis for extradition in connection with the offenses
under the Convention.
The Convention on Psychotropic Substances was signed in Vienna on 21, February 1971
and contains (Article 22) penal provisions which, from the aspect of this paper, are the most
important. According to them, subject to its constitutional limitations, each party shall treat
as a punishable offence when committed intentionally, in violation of a law or regulation
adopted in pursuance of its obligations arising from the Convention, and shall take the nec-
essary measures to ensure that such offenses are subject to adequate punishment, such as
imprisonment or other penalty of deprivation of liberty. These provisions also stipulate that
if a series of related actions constituting offences under this Convention, has been committed
in different countries, each of them shall be treated as a distinct offence. The punishments im-
posed abroad for such offenses are taken into consideration when establishing recidivism, and
the offenses committed either by nationals or by foreigners shall be prosecuted by the party in
whose territory the offence was committed, or by the party in whose territory the offender is
found if extradition is not acceptable in conformity with the law of the party to which appli-
cation is made, and if such offender has not already been prosecuted and convicted. Also, it is
desirable that the offenses regulated by this Convention are considered as extradition crimes
in any extradition treaty which has been or may be concluded between any of the parties, and,
as between any of the parties which do not make extradition conditional on the existence of a
treaty or on reciprocity, provided that extradition shall be granted in conformity with the law
of the party to which extradition application is made.
CRIMINAL OFFENSE OF UNLAWFUL PRODUCTION

AND CIRCULATION OF NARCOTIC DRUGS
(ARTICLE 246 OF THE CRIMINAL CODE)
The criminal offense of unlawful production and circulation of narcotic drugs is referred
to in Article 246 of the Criminal Code, Chapter 23, regulating criminal offenses against hu-
man health. For a complete understanding of the criminal offense, it is necessary to take into
account the international conventions in this field ratified by our country. The most important
is the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances adopted in Vienna in 1988.23 Article 3 of the Convention is of special importance
for stipulating the obligation of parties to determine certain activities as a criminal offense,
as well as activities in which regard the criminalization has been recommended. Also, the
Single Convention on Narcotic Drugs, 196124 which our country ratified in 1964, and the
Convention on Psychotropic Substances of 197125 are of particular importance for this area.26
In addition to the basic form, this criminal offense has two more severe forms, two distinctive
forms, and given that narcotic drugs and means for their production and processing represent
objects which are designed or used for the commission of the offense, it is mandatory to seize
them as a security measure. For criminal and political reasons and for easier proving of such
criminal offense it is stipulated that the offender of the basic offense of unlawful production
and circulation of narcotic drugs and its more severe forms, as well as the offender who com-
mits a minor offense such as unauthorized cultivation of certain plants,27 can be released from
punishment if discloses from whom he obtained narcotics. It should be noted that the case
law has taken the correct position stating that an offender can be released from punishment
only if he or she reveals from whom he or she purchases narcotics, but not for a full recog-
nition of the offense and disclosure of accomplices in committing that particular offense.28
The basic form (paragraph 1) of the criminal offense of unlawful production and circu-
lation of narcotics drugs implies a plurality of alternatively prescribed acts of commission.
An unlawful production, processing, sale or offering for sale of narcotic drugs is considered
an act of commission of an offense. At the same time, the act may consist of execution and
unlawful purchase, possession or transfer for sale or facilitation of the unlawful sale or pur-
chase of narcotic drugs. Also, the act of commission of the basic form also includes any other
manner of unlawful placing into circulation of substances or preparations which are declared
narcotics drugs. Essentially, the aforementioned acts of commission can be classified into two
main groups: 1) acts of commission related to production and 2) acts of commission related to
circulation of narcotic drugs.29 In case that the same person commits multiple acts of commis-
sion, for example, after unlawful production of narcotic drugs, performs unlawful transfer of
narcotics for sale, and then offers them for sale and eventually performs unauthorized sale, it
would commit only one crime of unlawful production and placing into circulation of narcotic
drugs, while the fact that several acts of commission have been committed could be taken into
23 ‘’Službeni list SFRJ-Međunarodni ugovori “, No. 14/90.

24 ‘’Službeni list SFRJ-Dodatak “, No. 2/64.
25 ‘’Službeni list SFRJ” No. 40/73.
26 Stojanović Z., Komentar Krivičnog zakonika, Belgrade, 2006, p. 574–575.
27 Those who cultivate certain plants cannot reveal from whom they purchases narcotics, but only
from whom they purchased the seeds of plants they cultivate, which means that this is an error of the
legislator.
28 The judgment of the High Court in Nis K No. 5/11 of 30 March 2011 and the judgment of the
Appellate Court in Nis Kž No. 1369/11 of 18 October 2011.
29 Delibašić V., “Krivično delo neovlašćena proizvodnja i stavljanje u promet opojnih droga iz ćlana
246 . Krivičnog zakonika”, Branič, number of 3-4, Belgrade, 2010, p. 83.
account as an aggravating circumstance in determining sentence. In such case, it is about the

apparent concurrence of criminal offenses on the basis of alternativeness.30
The criminal offense is completed by unlawful undertaking of any activity that is designat-
ed as an act of such criminal offense while the consequence is an abstract danger to human life
or health. It should be borne in mind that the acts of criminal offense of unlawful production
and circulation of narcotic drugs is expressed by imperfect verb, which, pursuant to Article
112, paragraph 30 of the Criminal Code, shall mean that the offence is committed once or
several times. In this connection, it might appear as a contentious issue of whether the offense
of unlawful production and circulation of narcotic drugs can be committed within the con-
tinued period of time. The Serbian Supreme Court in one of its decisions took a stand in this
respect determining it as a criminal offense with an indifferent number of actions excluding in
such a way the possibility of constituting such criminal offence as continuing. This judgment
states “that the concept of continuing crime is unacceptable in a particular criminal matter,
because it is a permanent offense, which means that within a certain period the offender
repeats identical acts, but the number of actions is indifferent, which constitutes a criminal
offense. Already in the legal formulation [...] it is indicated that it is a continuing activity, and
that the offender undertakes indifferent number of acts, identical in its substance. Thus, the
acts that constitute the content of the incriminated activities of the convicted D. Z. are not
independent within the criminal legal matter, since it is a permanent criminal offense, where
in the said period the convicted committed the incriminating activities that, by its objective
and subjective elements, constitute a criminal offense of unlawful putting into circulation of
narcotic drugs which is an offense of a permanent character.”31
Bearing in mind the continuous nature of such criminal offense, as well as the act of com-
mission consisted of the unlawful transfer of a narcotic drug for sale, it raises the question of
the proper legal classification in the context of international obligations arising from interna-
tional conventions and our criminal legislation. For example, if our citizen performs unlawful
transfer of narcotic drugs from Turkey to the Netherlands for further sale, the question is how
many crimes he committed and which criminal law should be applied in this situation. To
answer this question, it should be noted that the Criminal Code (Article 8) provides for active
personal principle for the application of our criminal legislation. According to this principle
our criminal law is applicable to our nationals when commit a criminal offense abroad and
when it comes to any criminal offense, and not only those covered by primary real principle.32
If we add the obligation that our country has assumed pursuant to the conventions that stip-
ulate that if a series of related actions constituting criminal offenses in compliance with these
conventions, has been committed in different countries, each of them shall be treated as a dis-
tinct offense, therefore, it can be concluded that the number of criminal offenses corresponds
to the number of countries along the route of transport of narcotics. Furthermore, this means
that such act, taking into account the Criminal Code and international obligations, should be
qualified as a concurrence of criminal offenses and impose a single sentence of imprisonment.
However, in practice, as a rule, the obligation stemming from international conventions is
disregarded, taking into account only the Criminal Code, and such act is defined as a single
criminal offense of unlawful production and circulation of narcotics.
OBJECT OF OFFENSE
30 Delibašić V., Suzbijanje zloupotrebe opojnih droga sa stanovišta krivičnog prava, Belgrade, 2014,
p. 164.
31 The Supreme Court of Serbia, Kž No. 94/2006 of 6 February 2006.
32 Stojanović Z., Krivično pravo opšti deo, Belgrade, 2015, p. 80.
All alternatively prescribed acts of commission of illicit production and circulation of

narcotic drugs, whether relating to the activities of production character or to the activities
related to the circulation of narcotic drugs. Pursuant to Article 112, paragraph 15 of the Crim-
inal Code, narcotic drugs shall be considered all substances and preparations which are under
the law or other regulations declared narcotics and other psychoactive controlled substances.
On the basis of the Law on psychoactive controlled substances the term narcotic drugs means
any substance of biological or synthetic origin, which is found on the List of psychoactive
controlled substances, in accordance with the Single Convention on Narcotic Drugs, or the
substance that acts primarily upon the central nervous system by reducing the sensation of
pain, causing drowsiness or alertness, hallucinations, disturbances in motor functions, as well
as other pathological or functional changes in the central nervous system. Considering that
the term Narcotic Drugs also encompasses other psychoactive controlled substances should
be said that these include: a) psychotropic substances which comprise any substance of bio-
logical or synthetic origin, which is on the list, in accordance with the Convention on Psycho-
tropic Substances, that substance acts primarily on the central nervous system and change the
brain function, in such a way changing the perception, mood, consciousness and behavior;
b) products of biological origin that have psychoactive effects; and c) other psychoactive con-
trolled substance.
Taking into consideration how the legislator determined what is considered under the
term narcotic drugs in the Criminal Code (Article 112, paragraph 15) and under psychoactive
controlled substances in the Law on Psychoactive Controlled Substances (Article 2, paragraph
2), it can be concluded that the legislator stating the term “narcotic drugs” in one, and “psy-
choactive controlled substance” in the other law, used different but synonymous terms, but
still there is a need to correct it using one or the other term. Priority should be given to the
term psychoactive controlled substance, in such case, the need for defining the term narcotic
drugs in the Criminal Code would be omitted and that would lead to the deletion of Article
112, paragraph 15 of the Criminal Code, and in such a way the terms and content of the
offenses referring to narcotics abuse would be changed.33 Also, bearing in mind that doping
endangers human health and that illicit production and circulation of doping are combated
pursuant provisions of the Law on the Prevention of Doping in Sport, in the same way as
the abuse of narcotic drugs, it would be acceptable to extend the object of criminal offenses
relating to the fight against the abuse of narcotic drugs to the doping agents.34 Consequently,
the object of the offense would be both psychoactive controlled substances and doping agents.
CONTROLLED DELIVERY
The Convention of the United Nations Convention against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances of 1988 provides that, in as far as permitted by the basic princi-
ples of the national legal systems (Article 11), the parties shall, within their means, take the
necessary measures to allow the appropriate application of measures of controlled delivery at
the international level, on the basis of agreements reached among them in order to identify
the persons involved in the commission of offenses prescribed under the convention. Deci-
sions on the implementation of measures of controlled delivery shall be made on a case-by-
case basis and, where appropriate, taking into account financial arrangements and agreements
relating to the determination of jurisdiction of the parties in question. Illicit shipments, whose
33 Delibašić V. “Pojedina sporna pitanja u vezi sa opojnim drogama u Krivičnom zakoniku”, Crimen,
Belgrade, 2014, p. 86-87.
34 See: Delibašić V., Mandarić S., Sportsko i krivičnopravno suzbijanje doping u sportu, Belgrade,
2016, p. 242-246.
controlled delivery is subject to agreement, and with the consent of the interested parties, can
be caught and it may be allowed that narcotic drugs or psychotropic substances continue
along the route as intact, removed or replaced entirely or in part.
Achieving a higher level of efficiency in the application of special investigative techniques
or special evidence-gathering mechanisms, can hardly be imagined without an adequate in-
ternational cooperation, which is typical for a controlled delivery and which, by definition,
involves carrying illegal or suspicious shipments, primarily those related to forbidden psycho-
active controlled substances, i.e. narcotic drugs, entry or exit of such shipments in the territo-
ry of one or more countries, with the knowledge and under the supervision of the respective
competent authorities, with the aim of investigating and identifying persons involved in the
commission of such an offense. This definition is specified under Article 2, paragraph 1 of
the United Nations Convention against Transnational Organized Crime which is basically
accepted by our legislature. When discussing the need for “investigation”, by definition, it does
not mean investigation as a phase of criminal proceedings in terms of our criminal procedural
law, but the process of gathering information in the pre-trial proceedings, which necessarily
implies certain evidentiary investigation, but not an investigation as a phase of the crimi-
nal proceedings, except when it comes to investigations led by the state (public) prosecutor,
which is usually the case in the criminal proceedings of many countries.35
By fulfilling its duty, the Code of Criminal Procedure of our country prescribed special
evidentiary actions. These can be ordered when two assumptions are cumulatively fulfilled,
one of which refers to the type of crime, and the other to the existence of certain procedural
difficulties. This means that the following two conditions must exist: 1) it is necessary to have
the grounds for suspicion that a person to whom such offenses refer, has committed a crim-
inal offense which falls into the category of criminal offenses in respect of which any special
evidentiary actions are allowed; 2) it is necessary to have the situation where collection of
evidence for prosecution would be impossible in any other manner, or its collection would be
very difficult. Such actions may also exceptionally be ordered against a person for whom there
are reasonable grounds for suspicion that he is preparing any of the “special” offenses, if there
is any of the prescribed two alternative reasons: 1) should the circumstances indicate that in
another manner a criminal offense could not be detected, prevented or proved, or 2) should
disproportionate difficulties or serious danger could arise.36
If the conditions are met for ordering the special evidentiary actions (Article 161, para-
graphs 1 and 2), the state public prosecutor or a public prosecutor of special jurisdiction may,
in order to collect evidence for a trial, order a controlled delivery in such a way allowing,
with the knowledge and under the supervision of the competent authority, illegal or suspi-
cious shipments: 1) to be delivered within the Republic of Serbia; 2) enter, cross or exit the
territory of the Republic of Serbia. The public prosecutor who ordered the controlled delivery
determines the manner of its implementation (Article 181). The specificity of this special
evidentiary action is that it is ordered by the public prosecutor and not by a judge for prelim-
inary proceedings. Since the public prosecutor determines the manner of implementation of
a controlled delivery, the said will also determine, for example, whether the delivery of illegal
or suspicious shipments would be controlled through direct monitoring or from a distance
(using modern technologies based on GPS system). The content of such an order of the public
prosecutor should have similar elements as the order of a judge ordering the special eviden-
tiary actions (information on the suspect, legal name of the offense, reference to the body that
will carry out a controlled delivery, etc.).37
35 Škulić M., Organizovani kriminalitet, Belgrade, 2015, p. 479.

36 Škulić M., Krivično procesno pravo, Belgrade, 2014, p. 244.
37 Ilić P.G. et al., Komentar Zakonika o krivičnom postupku, Belgrade, 2012, p. 406-407.
A controlled delivery is conducted by the police and other public authorities designated
by the public prosecutor, with the consent of the competent bodies of interested states and on
the basis of reciprocity, in accordance with the ratified international treaties which regulate
its content in more detail. Upon execution of the controlled delivery, the police or other state
body deliver to the public prosecutor a report containing: information on the time of com-
mencement and completion of the controlled delivery, data on the officer who carried out the
action, description of the technical means employed, information on persons involved and
results of the implemented controlled delivery (Article 182).
CONCLUSION
A large number of international conventions dedicated to combating narcotic drugs abuse
were adopted in special conditions in order to address specific problems. The most important
is the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances adopted in Vienna in 1988. Also, the Single Convention on Narcotic Drugs, 1961,
as well as the Convention on Psychotropic Substances of 1971, are of particular importance
for this area. However, none of them individually, taking into account the complexity of the
problem, represent a perfect legal instrument designed for protection. Only when comple-
menting each other, to some extent, do they achieve the goals for which they were created. By
signing these conventions Serbia took on the obligation of ongoing international cooperation
in order to combat narcotics drug abuse so it can be concluded that it successfully fulfills its
commitments.
The most important criminal offense related the abuse of narcotics in the Criminal Code
is unlawful production and circulation of narcotic drugs (Article 246). Bearing in mind the
continuous nature of such offense, as well as the act of commission consisted of the unlawful
transfer of narcotic drugs for sale, raises the question of the proper legal classification in the
context of international obligations arising from international conventions and our criminal
legislation. To answer this question it should be considered that the Criminal Code provides
for an active personal principle for the application of our criminal legislation. If we add the
obligations that our country has assumed under the conventions which stipulate that if a
series of related actions constituting criminal offenses in compliance with these conventions,
has been committed in different countries, each of them shall be treated as a distinct offense,
therefore, it can be concluded that the number of criminal offenses corresponds to the num-
ber of countries along the route of transfer of narcotic drugs. Furthermore, the above stated
means that such action, taking into account the Criminal Code and international commit-
ments, should be qualified as a concurrence of criminal offenses and impose a single punish-
ment of imprisonment. However, in practice, as a rule, the obligation stemming from inter-
national conventions is disregarded, taking into account only the Criminal Code, and such
act is defined as a single criminal offense of unlawful production and circulation of narcotics.
Judging by the manner the legislator determined what is considered narcotic drugs under
the Criminal Code and what psychoactive controlled substances are under the Law on psy-
choactive controlled substances, it can be concluded that the legislator citing the term “nar-
cotic drugs” in one and a “psychoactive controlled substance” in the other law, used different
but synonymous terms, but still there is a need to correct it by opting for one or the other
term. Priority should be given to the term psychoactive controlled substance, in such case,
the need for defining the term narcotic drugs in the Criminal Code would be omitted and
that would lead to the deletion of Article 112, paragraph 15 of the Criminal Code, and in such
a way the terms and content of the offenses referring to narcotics abuse would be changed.
Also, bearing in mind that doping endangers human health and the illicit production and
circulation of doping are combated pursuant provisions of the Law on the Prevention of Dop-
ing in Sport, in the same way as the abuse of narcotic drugs, it would be acceptable to extend
the object of criminal offenses relating to the fight against the abuse of narcotic drugs to the
doping agents. Consequently, the object of the offense would be both psychoactive controlled
substances and doping agents.
For successful fight against narcotic drugs abuse is necessary to apply, inter alia, the special
evidentiary action known as controlled delivery. If the conditions are met for ordering the
special evidentiary actions, the state public prosecutor or a public prosecutor of special juris-
diction may, in order to collect evidence for a trial, order a controlled delivery in such a way
allowing, with the knowledge and under the supervision of the competent authority, illegal or
suspicious shipments: 1) to be delivered within the Republic of Serbia; 2) enter, cross or exit
the territory of the Republic of Serbia. The public prosecutor who ordered the controlled de-
livery determines the manner of its implementation. The specificity of this special evidentiary
action lies in the fact that it is ordered by the public prosecutor, not by a judge for preliminary
proceedings. The content of an order of the public prosecutor should have similar elements as
the order of a judge ordering special evidentiary action for preliminary proceedings.
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London, 2009.
2. Bassiouni C., The International Narcotic Control Scheme, New York, 1986.
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4. Reitox Network, www.emcdda.europa.eu/about/partners/reitox-network
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6. Gogić D., Trgovina drogom kao delatnost organizovanog kriminala, specialist thesis, Bel-
grade, 2009.
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člana 246. Krivičnog zakonika”, Branič, No. 3-4, Belgrade, 2010.
8. Delibašić V. “Pojedina sporna pitanja u vezi sa opojnim drogama u Krivičnom zakoniku,”
Crimen, Belgrade, 2014.
9. Delibašić V., Mandarić S., Sportsko i krivičnopravno suzbijanje doping u sportu, Belgrade,
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15. Stojanović Z, Krivično pravo opšti deo, Belgrade, 2015.
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Luka, 2010.
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18. Škulić M., Organizovani kriminalitet, Belgrade, 2015.
STRENGHTENING OF THE PENITENTIARY SYSTEM
IN THE FUNCTION OF CRIME PREVENTION
Jasmina Igrački, MA
Institute of criminological and sociological research
Ivana Stepanović, MA
Institute of criminological and sociological research
Abstract: This paper analyses the role of the penitentiary system in prevention and
control of crime which has been constantly growing over the last decades and which
is being expressed in different and more and more severe forms. While looking for
mechanisms for fighting against crime, the prevalent opinion is that the more severe
penal policy and longer prison sentences have greater effects on deterring future
perpetrators. The role of the penitentiary institutions in combating crime can be
viewed from three perspectives which correspond to three schools of thought. The first
theory claims that penitentiary institutions repress criminal behaviour because the
discomforts of life in prison and negative social stigma contribute to crime prevention.
The second school of thought claims that the prisons are “schools of crime”, namely,
that they teach criminals and reaffirm their criminal behaviour. The third theory which
is often called the “minimalistic theory” claims that the consequences of penitentiary
institutions in crime prevention are largely minimal and that being in prison has more
negative than positive effects.
This paper emphasises the need for strengthening the penitentiary institutions which
would then be qualified to influence the change of criminal pattern of behaviour of
the perpetrators which would significantly contribute to crime prevention. There
is a general consensus in the field of penology that it is necessary to strengthen the
penitentiary institutions in two directions: the first one is towards an improvement
of normative acts and organisation of the prison system in line with international
standards and the second one is towards the introduction of new, contemporary
treatment programs which would respect individuality and personal characteristics of
convicts, i.e. specialisation of treatments for specific categories of prisoners.
Keywords: penitentiary system, crime, crime prevention, treatment program, convicts,
organisation of prison system
INTRODUCTION
A large number of theoreticians and practicians who are studying penitentiary systems
rightly state the dilemma whether the prison systems are an adequate need of the society
and whether they succeed to fulfil their function. The function of the penitentiary system is
mirrored in the protection of the society against criminals by isolating them, in warning the
public not to commit crimes, in correcting criminal patterns of behaviour and in preparing
the perpetrators for a normal life in the society. The analyses of the penitentiary and prison
system have showed that the goals and the purpose of punishment are, as a rule, too ambi-
tious considering the real possibilities of the society and that the prison system only partially
172 Jasmina Igrački, Ivana Stepanović
achieves the goals on a practical level. There was constantly a dilemma on whether the pen-
itentiary system and its realisation in prisons can achieve the necessary level of efficiency
which would satisfy the proclaimed goals. Throughout history, prisons were the most efficient
in achieving the goal of isolating perpetrators from the rest of the society and the prison sen-
tence partially succeeded in achieving general prevention by warning possible perpetrators
that if they commit crime they will end up in a prison, while the results concerning the level
of correction of their behaviour during serving the sentence, their change and re-socialisa-
tion were very modest results. The most important question here is whether there is a real
possibility for disciplining perpetrators.1 It is a well-known fact that the penal institutions in
most systems except in the cell enable “criminal infection” of the majority of prisoners who
are not structured as persons who are not prone to committing new crimes according to their
criminological characteristics. Researches show that the penitentiary institutions may cause
further criminalisation of their “inhabitants”. Due to these facts, criminologists, penologists,
psychologists and other experts from different of fields of science are focused on finding effi-
cacious penitentiary systems which will eliminate negative effects of imprisonment and at the
same time increase crime prevention.
In addition to making an effort to partially remove noted consequences caused by the pe-
nal institutions, there are also certain activities towards improvement of the penitentiary sys-
tem and lowering the negative consequences of detention. In order to achieve this goal, norms
and principles of execution of penitentiary sanctions are being developed, the legislation is
being improved – the rights of prisoners are being widened, and the comprehensive categori-
sation of penitentiary institutions is being conducted along with the classification of prisoners
according to personal characteristics, the level of criminal structure, the length of a prison
sentence, social danger of the committed crime, etc. Along with these measures, contempo-
rary penology insists on individualisation with regards to working with convicts, respect of
dignity, humane treatment of detained persons, finding alternative criminal sanctions, etc.
PENAL POLICY AND PENAL REALITY

The right to punish is one of the basic rights of a state which determines the purpose and
the goal of punishment, i.e. the penal policy with regards to crime prevention. Issues of penal
policy, the purpose and goals of punishments and execution of prison sentence are always
topical in different fields of sciences such as criminal law, criminology, penology, victimology,
psychology of crime, sociology and other disciplines which study human behaviour and so-
cial relations. There is a significant disproportion between praxis and theoretical doctrine on
punishment, especially in the field of penal practise and penal reality. Over the last decades
there have been extensive changes regarding response to crime. It is well known that the idea
of resocialisation and rehabilitation of the perpetrators was rejected in the second half of 20th
century and the policy of sharpening of the penal policy is more and more prevalent along
with the increasing affirmation of prisons, politicisation of crime, expansion of crime pre-
vention, involving civil society in crime control, accent on security, a new way of managing
prisons critical situations, etc.
The conventional approach which relies on the treatment and rehabilitation gave way
to the retributive way of thinking2. In the contemporary society or the risk society or the
1 Stevanović, Z. ( 2005) Kako novim zakonskim rešenjima unaprediti penalni sistem, Kazneno
zakonodavstvo: regresivna ili progresivna rešenja, Institut za kriminološka i sociološka istraživanja,
Beograd, p.507.
2 Vasiljević-Prodanović, D. (2011) Teorije kažnjavanja i njihove penološke implikacije, Socijalna
edukacija i rehabilitacija, Beograd, p. 511.
STRENGHTENING OF THE PENITENTIARY SYSTEM IN THE FUNCTION... 173
postmodern society as different authors call it, the penal policy is focused on pragmatic
goals of social control. A significant number of authors think that changes in the manner
of reacting to crime are inconsequent, versatile, contradicting and deprived of a clear
theoretical concept. A dual approach is noticeable: while perpetrators marked as dangerous
for the society are severely punished, less dangerous offenders are punished with alternative
sanctions or involved in processes of restorative justice. In the strategy of control and crime
prevention, the policy of “harsh attitude” which relies on severe punishments and widened
level of usage of penitentiary institutions has led to abandoning the concept of resocialisation
of convicts. The penal policy which overrates the power of prisons is experiencing difficulties
because prisons no longer have the power to prevent crime in a substantial way. Nowadays,
the prison institutions are not achieving the expected goals. Prisons are not efficient enough
in effecting changes in the behavior of prisoners towards a successful reintegration in the
society after being released from prison. In fact, the prison sentence is primarily isolation of a
perpetrator from the society. If a prison sentence is nothing but isolation and the prison as an
institution does not fully achieve the purpose and goals of the punishment, there is a reason to
question the effects of a prison sentence and the role of prisons in general. Is prison becoming
a “reserve” for criminals who are being “disciplined” and remodelled into serious criminals
being reproduced in arithmetic progression3? This is why there is a prevalent opinion that
it would be better to leave perpetrators out of the penitentiary institutions, especially the
ones who have just started their criminal careers. For this category of people, prison can
be a negative experience which can lead to identification with criminals and acceptance of
criminal patterns of behaviour.
Over the past few decades, with the tightening of the penal policy, penitentiary institutions
have been more intensively used for crime control. This trend is especially present in America,
but also in majority of countries around the world, and it is based on the opinion that the lon-
ger prison sentence is the means of discouraging perpetrators from committing new crimes.
There are three schools of thought within the professional circles. One of them starts from the
opinion that prisons repress criminal behaviour on a large scale. Considering the unpleasant
life in prison and the negative social stigma which is related to detention, a prison sentence
should be used to prevent future criminal behaviour. The second opinion is directly opposite
to the previous one: penal institutions are increasing the crime rate, and prisons are “schools
of crime”. According to this theory, prisons produce much harder consequences for prisoners’
personalities due to their destructive nature and inhuman conditions which include elements
of destructivity and humiliation of various kinds as well as psychological suffering and diverse
means of deprivation. All this leads to forming criminal patterns of behaviour which remain
a permanent form of behaviour. The third school of thought, which is called “minimalist”,
claims that prisons have minimal effects on the change of behaviour of prisoners and that
they in fact, “psychologically deep freeze” prisoners. Prisoners come with a number of an-
ti-social attitudes, habits and culture and they change very little during their time in prison.
This theory also emphasises that a longer stay in prison carries a serious risk of forming and
accepting negative patterns of behaviour while the impact on antisocial and criminal attitudes
of prisoners is minimal.
What is the function of prisons today and what are their effects? Are they institutions
which execute prison sentences, act preventively to other citizens by encouraging them not to
commit crimes and encouraging the process of resocialisation and reintegration of convicts
into the society, or they are becoming “schools of crime”. Characteristics of the contempo-
rary prison systems on a global level have shown that they are overcrowded in relation to
3 Stevanović, Z. & Igrački, J. (2012) Stroga kaznena politika u fazi izvršenja kazne zatvora, Kaznena
politika -raskol između zakona i njegove primene, Ministarstvo pravde Republike Srpske i Srpsko
udruženje za krivičnopravnu teoriju i praksu, Istočno Sarajevo, p.325.
the available capacity while there is an insufficient number of staff, the general conditions
are bad (for both convicts and staff), the level of security is low, the members of staff are not
motivated to perform professionally, and there is a “toxic” blend of prisoners sentenced to
long punishments as well as those who suffer from mental illnesses, drug addiction, etc. Such
a situation among prisoners leads to creating strong informal communities which are to a
large extent in control of prisons and which are also becoming mafia-like gangs4, leading and
controlling certain businesses within the prison and outside it. In such circumstances, the in-
formal groups in certain cases collaborate with parts of the formal prison structure and cause
riots, conflicts and other incidents which jeopardise the functioning of prison systems. This
has led to huge crises of prisons on a global level.
The harsh penal policy and other prison sentences strongly affect individuals and the so-
ciety as a whole. The dramatic growth of the prison population is the result of the lack of
other mechanisms in fighting against crime. Repeated glorifying of the prison sentence is the
result of the current policy which promotes the policy of punishment based on the anticipat-
ed popularity, and that prison is there to maintain security of the society but without taking
penological consequences into consideration. Mass detentions are the result of such concept
of punishment and they are above any level of the prison population and opposite of historical
and comparative norms for the society of this type.5
The prison sentence is certainly necessary and there is no better solution in fight against
crime at the moment. However, there is a question of measure in the application of the prison
sentence, especially in weighing the punishment. The protagonists of such penal policy are
convinced that a harsh penal policy and high prison sentences will deter people from com-
mitting further crimes. The influence of prisons on changes of behaviour of the prisoners
sentenced to long prison sentences is not especially important, which is shown in the fact that
recidivism is 3% higher among convicts with long prison sentences in comparison to convicts
with shorter prison sentences6. Contrary to expectations that the prison sentence will have
an effective impact on crime prevention, the practice shows that a stronger penal policy and
frequent sending perpetrators to prisons do not affect crime prevention to the extent that is
expected. The consequences that prisons leave on perpetrators are negative in many ways. The
limitation of life activities, small living space and the limitation of freedom of movement is
being perceived as humiliation and degradation as well as a threat to personality. This leads
to the lack of self-confidence and emotional tensions which are hard to cope with for many
prisoners. The regime which regulates every moment of life to the smallest details creates
unbearable monotony which causes affinity towards fantasies and unreal events as a defence
mechanism which is why prisons are called “kingdoms of obsessions, illusions and deceits”.
Moreover, prisons make people indifferent and dull their intellectual capabilities. Convicts
find it particularly hard to cease connections with the outer world, especially communication
with their families and friends. Some people experience a big shock and then emotional atro-
4 There are various prison gangs in America which are functioning within the prison system. The most
famous ones include Aryan Brotherhood, La Nuestra Familia and The Mexican Mafia known for drug
traficking, extortion and murders. According to statistics, out of all the murders in American prisons
about 10% are executed by this mafia. Nazi Low Riders –the nazi gang which is, along with other nazi
gangs, the fastest growing gang and has the aim to clash with coloured people inside as well as outside
the prison. Over the past few decades, the number of prison gangs has increased on a global level and
there is a tendency for these gangs to overtake control over the prison systems and thereby become a
serious partner to the formal prison system.
5 Garland, D. (2001) The culture of controle-crime and social order in contemporary society. Oxford
university Press., p.14.
6 Stevanović, Z. & Igrački, J. (2012) Stroga kaznena politika u fazi izvršenja kazne zatvora, Kaznena
politika -raskol između zakona i njegove primene, Ministarstvo pravde Republike Srpske i Srpsko
udruženje za krivičnopravnu teoriju i praksu, Istočno Sarajevo, p.325
phy, while others develop a fear from life in freedom due to the weakening of belief in future
and lack of moral strength. Many of them no longer want freedom.
Convicts are also exposed to many other deviations and deprivations such as: depriva-
tions of heterosexual intercourse which leads to a whole range of sexual deviations which are
explained by the fact that the community in which they live in is made up of persons of the
same sex; inability to use many other material goods which is especially hard for people who
are used to a certain social status and possessions that come with it; deprivation of the feeling
of security caused by attacks by other convicts and constant tension they have to live with in
order to be ready to resist the attacks. There is a range of prison procedures which have a huge
effect on a prisoner’s psyche and cause degradation of person such as wearing uniforms, being
identified by numbers instead of names, locking and unlocking of prison cells after leaving
and entering them, etc. These deprivations and humiliations force prisoners to invent certain
mechanisms in order to adjust to the harsh conditions of the prison regime such as: attempts
to escape from the institution; psychological withdrawal, innovation (attempts to change life
conditions in a peaceful way), conformism, ritualism, manipulation.
Recent research has shown that the prison isolation causes psychosis, depression, inhi-
bitions, withdrawals and other psychological conditions. These conditions enhance the neg-
ative influence of a prison sentence and worsen the inmates’ mental health. In social terms,
the negative influence of prison sentences is mirrored in the problems that convicts’ family
members are faced with. Data show that 70% of married couples without children go through
a divorce, and families with children survive crises because the environment puts pressure on
children and this leads to emotional problems for all family members. Ever since the prison
sentence was established, there has been a prevalent public opinion that deprivation of free-
dom is in itself dishonourable and any contact with prison creates a stigma that stays for a
lifetime. This makes recovery of convicts and their return to the society much harder, but also
affects their families. And it is not just the criminal offence that is considered as dishonour-
able, but also serving the sentence itself.
From the perspective of the right of execution of criminal sanctions, efficiency in crime
prevention is measured by the number of perpetrators who are successfully reintegrated into
the society after the prison sentence, the level of recidivism, the scale of realised treatment,
etc. The treatment is efficient if it leads to: lower percentage of recidivism, desirable changes
in behaviour, personality and environment of the convicted person7. Špadijer-Džidić and a
group of authors have stressed that success of resocialisation with minors can be judged by the
level of recidivism, alcoholism, gambling, begging, vagabondism, idleness, rude behaviour
and connections with deviant groups, but can also be judged based by the outward appear-
ance and success in school8.
With the aim to find a more efficient method for fighting against crime, there is a tendency
to find new ways of punishing perpetrators (such as imposing fines and alternative sanctions),
in order to personalise the punishment, relieve the prisons and create a rational approach to
punishment. It is obvious that the institutional resocialisation does not bring about changes of
behaviour patterns in expected ways and that convicts quickly return to the criminal pattern
of behaviour which often ends with much more brutal criminal offences.
7 Stakić, Đ. (1977), Neki problemi evaluacije metoda resocijalizacije, Jugoslovenska revija za

kriminologiju i krivično pravo, br.3, Beograd, p. 78-83.
8 Špadijer-Džidić, Ignjatović, I., Radovanović, D. (1975), Kriterijumi merenja uspešnosti
resocijalizacije maloletnih delinkvenata,ZbornikInstituta za kriminološka i sociološka
istraživanja, Beograd, p. 271-310.
THE CRISIS OF THE PENITENTIARY SYSTEM – NECESSITY OF

REFORMS OF THE PRISON SYSTEM
TO INCREASE EFFICIENCY OF CRIME PREVENTION
The penitentiary system is a part of the wider system of legislation and interior affairs. The
number of convicted persons which passes through the prison system depends on other parts
of this system such as achievements of police regarding arrest of suspects, quality of work
performed by the judiciary, the speed of courts in making verdicts and choosing sentences
by the court. On the other hand, the results of the prison system also have influence on the
crime rate – whether acting as a deterrent or through the process of disciplining the convicted
persons with the aim to make them less prone to commit crimes after they have been released
from prisons. The prison system should not be the weakest link in this wider system because
this would make the entire system less efficient.
Today everyone agrees that the prison sentence just like the prison itself is going through
a big crisis because it has failed in combating crime and the most important purpose of the
prison sentence had not been achieved. In the context of the discussion on the crisis of pris-
ons and the prison system as a whole, there are different types of crises which are mentioned
in the literature. There is a content crisis which is related to the content of life and work in
prisons, the system of organisation and regime of life of prisoners. This crisis is caused by the
overcrowded prisons and lack of efficiency in organising life in prisons. There is also the crisis
of conditions in prisons which is related to the living conditions and everything that goes with
it. The special emphasis is on the crisis of authority in prisons which comes as a consequence
of the prison administration, especially guards and social pedagogues. Over the past several
years limitations of powers of persons who participate in treatments are more prevalent and
this has the aim to increase respect of prisoners’ rights. However, the prison administration
finds this as a threat to their professional authority and, in such circumstances, they lose
motivation to work and also lose authority in the eyes of prisoners. The crisis of public is yet
another type of crisis which is related to traditional conservativism and narrow-mindedness
of the prison system in their relation to the public. In most cases, there is an element of mys-
tery because the public is not aware of what goes on in prisons and prisons themselves cause
this. In the times of digital communication it is not possible to hide anything from the public
and this includes functioning of prisons. Prisoners find different ways to share information on
their lives in prisons and the state itself makes more efforts to make this segment of the soci-
ety known to the public. Additionally, there is also the crisis of legitimacy which is especially
visible in the British prison system and it is related to the “call for eliminating deprivation
of freedom”. It is thought that this crisis has a moral justification. The fact that the prison
sentence has become a serious problem was shown in many papers presented at the First
Congress of the European Society of Criminology which was dedicated to prisons. The most
prevalent problems stem from the lack of adequate programs for working with prisoners,
increasingly bad conditions in prisons, underdeveloped system of protection of the right of
prisoners, overcrowded premises, the increasing number of drug addicts and mentally ill con-
victs, a strong informal system of prisoners which goes to the level of mafias, poor material
conditions of prisons and inadequate staff. In such environment, it is hard to make important
achievements in the rehabilitation and reintegration of convicts and this means that the ma-
jority of them will return to crime once they are released from prisons.
Modest effects of prison sentences on crime prevention have stimulated professionals in
the field to find the new methods of punishment which are widely known as the alternative
sanctions. Alternative sanctions can be defined as methods of punishment which are located
in a continuum between the traditional probation and traditional punishment (Junger - Tas,
1994). They are often referred to as detention alternatives, non-institutional measures and
community programs, and sometimes they are related to the wider penal strategies which
are called deterrents or diversions, deinstitutionalisation and penal reductionism. In 1986 the
European Union issued a report which mentioned alternative sanctions that had been applied
in its member states. They included modified institutional sanctions such as half-imprison-
ment, job placement, weekend arrest, house arrest and serving sentence in other institutions
such as hospitals and drug addiction centres. The second group of alternative sanctions which
was referred to as non-institutional sanctions included fines, sanctions which limit certain
rights (revocation of a driver’s licence, confiscation, restitution, prohibition of work), disci-
plinary measures, moral sanctions (judicial admonition, special obligations) and supervision.
Another special group of alternative sanctions include: probation measures and unpaid com-
munity work. Measures which are related to delaying the sentence include: delaying execution
of the institutional punishment, delaying the verdict and not imposing a sanction at all. In
some countries alternative sanctions include mediation between the victim and the perpe-
trator which is often followed by restitution or compensation which can include paying a fine
or mending a destroyed or damaged object and working for a victim. There are also other
modalities of alternative sanctions such as daily fines and work in the community (non-paid
work in the community is measured by hours and is limited to a certain period of time), refer-
ral to the daily centres, increased supervision and electronic surveillance (electronic bracelet
or a telephone call), intensive supervision programs, boot camps designed for younger adults
as a “shock therapy” caused by the strict military regime.9
In addition to inventing these contemporary methods of punishing perpetrators, there is
also a global effort to reform the prison system. The reform of the prison system in Serbia is
an integral part of the reform of the legal system and police which is an obligation imposed
in the Action Plan on alignment of the Serbian legal system with European standards. The
strategy for reform of the system of execution of sentences outlined three assignments that
are related to three interconnected fields of this system: institutional sanctions, non-institu-
tional sanctions and the period after the release. These three fields together contribute to the
realisation of the key goal of the system for execution of institutional sanctions, and that is a
humane execution of the sanction with the aim of protecting citizens and lowering the per-
centage of recidivism. To determine the priority of the reform, the following assignments have
been imposed: (1) Adoption of laws and legal acts which provide the legislative framework for
further development of stable, efficient and humane system of execution of criminal sanctions
in line with European standards; (2) Improvement of infrastructural capacities of the prison
system by building new objects and reconstruction and adaptation of the existing objects in
order to improve security and proper functioning of the system and create conditions for ade-
quate accommodation of persons deprived of freedom; (3) Ensuring respect of human rights
of prisoners through efficient mechanisms of protection and cooperation with independent
institutions and organisations for prevention of torture and human rights protection; (4) Im-
proving conditions for accommodation of minors, women, disabled people, sick persons and
persons in charge of security measures in penal institutions; (5) Improving specialised and
individualised programs for vulnerable groups with the aim to achieve successful resocialisa-
tion and reintegration and enable adequate post-penal acceptance; (6) Application of the wide
spectrum of program treatments (therapy, education, professional training, learning social
skills, etc.) which are focused on maintaining mental and physical health of the convicted
persons while serving their sentence; (7). Improving health care; (8) Modernisation and secu-
rity of the obligatory psychiatric treatments; (9) Improving organisation of trust services; (10)
9 Stevanović, Z. &Igrački, J.(2011), Efekti kazne zatvorai institucionalnog tretmana u prevenciji
kriminaliteta, Pravna riječ, br. 2. Udruženje pravnikaRepublikeSrpske, BanjaLuka,
Strengthening capacities of the Centre for Professional Training of the Directorate for Exe-
cution of Criminal Sanctions; (11) Building efficient surveillance systems to monitor func-
tioning of the Directorate and the institution with the aim to improve the way the staff treats
prisoners and ensure that the treatment is in line with European standards; (12) Establishing
integrated security systems based on new information technologies10.
CONCLUSION
Execution of prison sentences reflects other, wider social problems. The penal policy and
policy of executing prison sentences are closely connected to the level of development of the
society and its economic as well as political power. This paper analyses the effect of punish-
ment and the role of a penitentiary system in crime prevention.
The key question related to the prison sentence is whether it achieves the purpose of the
stated sentence and to what extend it does so. This also reflects the influence of the penal
institution on crime prevention. In contemporary penology, efficacy of the treatment of con-
victs is very topical because results show that the majority of the forms of treatments applied
in the process of resocialisation have not met the expectations. The percentage of recidivism
and behaviour during serving a prison sentence shows that the institutional influence on con-
victs does not give positive results. As a reaction to limited effects in crime prevention over
the last decades traditional method of combating crime was prevalent –sharpening the penal
policy and application of repressive concept of punishment. Worryingly, the results of this
approach have not given expected results in crime prevention; on the contrary, crime in its
various forms is more and more present and the prison population has grown to about 10
million people, the prisons are overcrowded and institutional treatment also does not affect
the change in the behaviour pattern which means that the results of prevention are modest. In
such conditions of the crisis of prisons, attempts of finding new ways to punish perpetrators
(fines and other alternative sanctions) are permanently present in order to personalise the
punishment, relieve the prisons and economically rationalise the punishment. Over the last
few decades, the prevalent attitude is that the institutional resocialisation does not adequately
affect the change of pattern of behaviour and that the perpetrators quickly return to the crim-
inal pattern of behaviour which often results in committing even more brutal crimes. The
situation in the prison system is generally very complex and it generally generates new crim-
inal behaviour. The prisons are congested, the structure of prisoners is increasingly complex
in the criminal as well as in psychological sphere, there are more and more drug addicts, the
material situation is poor, the staff is inadequate and workers in prisons are not sufficiently
motivated. In such an environment, the “criminal infection” is further emphasised, the formal
system is weaker and less efficient which, in synergy of all factors, leads to questioning the
purpose and goal of punishment itself.
There are activities aimed at crime prevention and new forms of punishing perpetrators
are being introduced, and there is also the permanent reform of penitentiary system which is
being adjusted to fit contemporary needs of the society.
10 Strategija razvoja sistema izvršenja krivičnih sankcija u Republici Srbiji do 2020. godini, poglavlje,
1,2.,Službeni glasnikRS, br. 114/2013.
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Socijalna edukacija i rehabilitacija, Beograd
IMMUNITY OF WITNESSES AND THE PRINCIPLES
OF LEGALITY AND OPPORTUNISM IN CRIMINAL
PROCEDURAL SYSTEM
OF BOSNIA AND HERZEGOVINA
Zeljko Krsic МА1
Summary: All Laws of Criminal procedures in Bosnia and Herzegovina (Bosnia and
Herzegovina, the Republic of Srpska, the Federation of Bosnia and Herzegovina, Brcko
District) stipulate that the right of a witness is not to answer certain questions if truthful
answers to those questions could expose the witness to criminal prosecution, as well
as the possibility that the witness answer these questions if given immunity by the
prosecutor. Given that none Criminal procedural law of Bosnia and Herzegovina, apart
from the simplest plea agreement, stipulates any form of agreement on the plea with a
clause on cooperation of the defendant or a convict, criminal prosecution authorities
use, due to expediency, promises and witness immunity with the aim of enabling that
person to testify against other persons in the same or related criminal procedure.
Often, in practice, prosecutors use „criminal cunning“ and do not invite persons
for whom they know that they can be directly connected to the crime as suspects,
but as witnesses to „negotiate“ immunity in exchange for testifying against others.
The question is: to what extent is this treatment in accordance with the principles
of legality and opportunism of the criminal proceedings? This paper discusses this
question from the author’s point of view and points out to some flaws in the Law of
Criminal procedures Bosnia and Herzegovina and some, in the author’s view, positive
examples of comparative legislation of surrounding countries.
Keywords: witness immunity, negotiating guilt with the clause on cooperation, Law of
Criminal procedures, principles of legality and opportunism.
WITNESSES’ IMMUNITY IN CRIMINAL PROCEDURAL LAW

IN BOSNIA AND HERZEGOVINA
Giving witness immunity means prosecutor`s “promise” to the witness, who agrees to tes-
tify about the facts that can expose them to criminal prosecution, that they will not be prose-
cuted if they testified about these facts2. When we talk about facts that could expose witnesses
to criminal prosecution, we can talk about many different situations. The first possibility is
that the witness, for whom prosecution authorities until the time of the hearing do not have
any knowledge and the grounds for suspicion that in any way participated in the commission
of the offense and who has been called to testify during the hearing avoids to answer or give
1 Željko Kršić Department to protect the integrity and legality in the work of the Ministry of Internal
Affairs R. Serbian, PhD student at the University of Novi Sad, Faculty of Law.
2 Jokic M., Krsic Z., The importance of cooperating witness and a plea agreement to combat contemporary
forms of crime, Combating contemporary forms of criminality, Collection of Works, Volume 3, Tara,
2015, p. 297.-308;
182 Zeljko Krsic
an honest answer, because of fear that they might be subject to criminal prosecution. (?) In
such situation the prosecutor may provide that witness immunity and after obtaining an im-
munity, he provides an answer to their question (?) (not clear). In such situations, usually it
is about a full immunity or prosecutor`s ‘promise’ to witness that they will not in any case be
subject to criminal prosecution in connection with the content of the answers given during
the hearing under immunity. Another option is when the prosecutor gives immunity to the
party for whom they previously had information that they werr involved in the crime, or gives
a ‘promise’ to a suspect or defendant that they would not be even prosecuted for criminal of-
fenses, or they would not be prosecuted for certain crimes in exchange for testimony against
the others or other forms of cooperation with the prosecutor. In this case, the prosecutor
could give a defendant a complete or partial immunity, so the criminal procedural entity
in specific modes changes the status; meaning the suspect or defendant receive a status of a
witness. In this form of granting immunity in exchange for cooperation with the prosecutor,
it is usually conditional on the previous recognition that the defendant has committed the
criminal offense they are charged with. When deciding on granting immunity, the prosecutor
evaluates the importance of the information that the witness can reveal in the investigation
and proportionality of contributions of such information to the investigation in relation to the
possible responsibility of witnesses3.
When granting immunity to the witness the prosecutor must give a written statement or
make a decision and sign some kind of an agreement with the witness in order to specify the
scope of immunity and obligations of witnesses.
The Laws on Criminal Procedure in Bosnia and Herzegovina (LCP B&H, Republic of
Srpska, the Federation of Bosnia and Herzegovina, Brcko District B&H) know or issue only
the possibility of granting immunity to the witness by the prosecutor and during the witness-
es` hearing.
The Law on Criminal Procedure of the Republic of Srpska in 20124 provides for the grant-
ing of immunity to the witness in only two provisions. Thus, in Article 43 - The rights and
duties of the prosecutor, under item v), the RS Law on Criminal Procedure provides that the
prosecutor grants immunity in accordance with Article149 of the Law on Criminal Proce-
dure. In addition to the aforementioned provisions, the Law on Criminal Procedure, only in
Article 149 - The right of witnesses to refuse to answer some questions, regulates the granting
of immunity, in the following manner:
1. A witness has the right not to answer certain questions to which a truthful reply would
result in prosecution.
2. The witness exercising the right referred to in paragraph 1 of this Article will answer
these questions if provided the immunity.
3. Immunity may be granted by a decision of the prosecutor.
4. A witness who was granted immunity and testified shall not be prosecuted except in
case of false testimony.
5. A witness gets a lawyer for consultant by the decision of the court during the hearing if
it is obvious that they are not able to use their rights during the hearing and if their interests
cannot be protected in any other way.
In the same way, and in other laws on criminal procedure in B&H granting immunity
to the witness is stipulated (Article 45., paragraph (1), item c) and Article 98 of the Law on
Criminal Procedure of the FB&H5, Article 35, paragraph (1), item c) and Article 84 of the Law
3 Ibid;
4 The RS Official Gazette 53/12;
5 The FB&H Official Gazette, number 35/03,37/03,56/03, 78/04, 28/05, 55/06, 27/07, 53/07, 9/09, 12/10;
IMMUNITY OF WITNESSES AND THE PRINCIPLES OF LEGALITY AND... 183
on Criminal Procedure of B&H6, Article 35, paragraph (1), item c) and Article 84 of the Law
on Criminal Procedure of Brcko District B&H7.
In addition to the above-mentioned provisions of the Law on Criminal Procedure in force
and applied in B&H and its entities and the Brcko District of B&H, no other provision regu-
lates granting immunity. There is no single Law on Criminal Procedure in B&H, nor any other
law, which regulates giving the immunity to the witness, suspect or defendant in exchange for
some form of cooperation with the prosecution in revealing and proving the crimes commit-
ted and their perpetrators.
THE PRINCIPLE OF LEGALITY IN CRIMINAL PROCEDURAL

LAW IN BOSNIA AND HERZEGOVINA
One of the fundamental, and certainly the most important principles of criminal law is
the principle of legality. For the purposes of this paper, we discuss the principle of legality in
criminal procedural sense, rather than the principle of legality in criminal material sense. The
principle of legality of criminal prosecution means that the prosecutor shall initiate criminal
prosecution if the legal conditions are met, regardless of his opinion on whether or not the
prosecution is needed8. Professor Dr Snezana Brkic said that our principle of legality means
that the prosecution does not depend on personal will of the prosecutor and that under the
principle of legality entails the obligation of the public prosecutor to prosecute, as soon as
actual and legal conditions provided by law are met9. According to Dr Brkic, actual conditions
refer to the existence of a certain degree of suspicion that a criminal offense was committed
or that a person is the perpetrator of the crime, while the conditions of a legal nature assume
the possibility of subsuming the actions of the offender under a criminal offense prosecuted
ex officio10. In this regard, the principle of legality of criminal prosecution is determined in
the Criminal Procedural Law of the Republic of Srpska, in Article 17, which provides as fol-
lows: ‘’The Prosecutor shall initiate prosecution if there is evidence that a criminal offense was
committed, unless the law provides for otherwise” (in the same way, the principle of legality
is defined in other Laws on Criminal Procedure in B&H, Article 18 of the Law on Criminal
Procedure of the Federation of B&H, Article 17 of the Criminal Procedural Law of the Brcko
District of B&H - revised text, and Article 17 of the Criminal Procedural Law of B&H). Here
we see that the legislator at the end of the provision said ‘’unless the law provides otherwise.’’,
which pointed to possible specific derogations from the principle of legality of criminal pros-
ecution, in fact mandatory prosecution, which we will deal more with below.
As seen in the provisions of Article 17 of the Criminal Procedural Law of the Republic of
Srpska, the principle of legality determines the obligation of the public prosecutor to pros-
ecute if there is evidence that a criminal offense was committed. Since the provisions of the
Criminal Procedural Law of B&H and its constituent territorial units are generally analogous
to each other and to the almost identical way regulate the principle of legality, immunity of
witnesses and the possibility of applying the principle of opportunity, for the purposes of this
study I will continue to cite examples from the Law on Criminal Procedure of the Republic
of Srpska.
6 The B&H Official Gazette, number 3/03, 32/03, 36/03, 26/04, 63/04, 13/05, 48/05, 46/06, 76/06, 29/07,
32/07, 53/07, 76/07, 15/08, 58/08, 12/09, 16/09, 93/09, 72/13;
7 Official Gazette of Brcko District B&H, number 33/13, 27/14.
8 H.Sijercic-Colic, Criminal procedural Law, Book 1, Faculty of Law at the University in Sarajevo, 2008.,
page. 92.;
9 S. Brkic, Criminal procedural law 1, Faculty of Law in Novi Sad, 2014., page. 57.-58.;
10 Ibid, page 58;
184 Zeljko Krsic
In any currently valid Law on Criminal Procedure in Bosnia and Herzegovina there is
no definition of what the prosecution and the criminal proceeding is, and therefore does
not determine when the prosecution begins and criminal proceedings are instituted. In the
criminal procedural system of B&H (B&H, the Federation of B&H, the Republic of Srpska,
Brcko District B&H) there is no consensus on when criminal proceedings are instituted. The
prevailing opinion in scientific circles is that the criminal proceedings are instituted by con-
firming the indictment by a competent court before which a prosecutor indicted11. Article
241 of the Criminal Procedural Law of the Republic of Srpska reads as follows: ‘’When during
the investigation, the prosecutor finds that there is sufficient evidence which provides a rea-
sonable suspicion that the suspect committed a criminal offense, they shall prepare and refer
the indictment to the preliminary hearing’’ (indictment is defined identically in other Laws
on Criminal Procedure in B&H, Article 241 of the Criminal Procedure Law of the Federation
of B&H, Article 226 of the Criminal Procedure Law of the Brcko District of B&H - revised
text, and Article 226 of the Criminal Procedure Law of Bosnia and Herzegovina). Unlike the
supporters of this interpretation, certain part of the professional and scientific community
believes that the moment you start criminal proceedings have considered the moment when
the public prosecutor gave order on conducting the investigation. Article 224 of the Criminal
Procedural Law provides that the prosecutor ordered the investigation if there are grounds for
suspicion that a criminal act was committed, and Article 20, paragraph (1), item j) of the Act
provides that the investigation includes actions taken by the prosecutor or authorized official
in accordance with the law, including the collection and storage of information and evidence.
From the above mentioned provisions, it follows unequivocally that the investigation is a
process which precedes the process of charges, and that is aimed at collecting and providing
evidence in order to raise a degree of suspicion at the higher, more certain level, from a rea-
sonable suspicion to grounds for suspicion.
The notion of prosecution is a broader concept than the concept of criminal proceedings
and includes all activities undertaken by the public prosecutor and authorized officials at
the request of the public prosecutor, but after learning about the possible commission of a
criminal act or acts of preparation of the offense, aimed at verifying those findings. Crim-
inal proceedings is a legal relationship that occurs between the process subjects (court and
clients) upon a request for a discussion of the criminal case, which involves a certain degree
of suspicion that a criminal act is committed as a requirement of establishing a particular
relationship, and consists of the performance of their rights and obligations (the processing
function), with a view to the correct application of substantive law, and ultimately to protect
society against crime12. Here I will point out the positive legal definition of the beginning of
criminal prosecution and criminal proceeding in the Criminal Procedure Code of the Repub-
lic of Serbia13.
Article 5 of the Criminal Procedure Code of R. Serbia provides for:
“For offenses which are prosecuted ex officio the authorized prosecutor is the public pros-
ecutor, and for criminal offenses which are prosecuted by private action the authorized pros-
ecutor is a private prosecutor.
Criminal prosecution begins:
1. With the first act of the public prosecutor or authorized officials of the police at the
request of the public prosecutor, taken in accordance with this Code to check the grounds
11 Principle of accusatory provides that criminal proceedings may be initiated and implemented only
after the prosecutor’s request - Article 16 of the Criminal Procedural Law of the Republic of Srpska (The
RS Official Gazette number 53/12), and in exactly the same way, the principle of accusatory is provided
in other Laws on Criminal Procedures in B&H;
12 S. Brkic, Criminal procedural law 1, Faculty of Law in Novi Sad, 2014., page 42.;
13 Official Gazette of Republic of Serbia, number 72/11, 101/11, 21/12, 32/13, 45/13, 55/14;
for suspicion that a criminal offense was committed or that a certain person has committed
a criminal offense;
2. With filling a private lawsuit.
If the Public Prosecutor states they give up the charges (Article 52), they may jeopardise
their position as a plaintiff, under the conditions prescribed by this Code.”
Next, article 7 of the Criminal Procedure Code of R. Serbia stipulates the following:
“The criminal proceedings were instituted:
1. by the order to conduct an investigation (Article 296);
2. by verifying indictment which was not preceded by an investigation (Article 341,
paragraph 1);
3. by adopting the custody ruling prior to the submission of the proposal adversarial in
summary procedure (Article 498, paragraph 2);
4. by determining a trial or a hearing for pronouncing the sentence in the summary
procedure (Article 504, Paragraph 1, Article 514, paragraph 1 and Article 515, paragraph 1);
5. by determining the trial in a method for imposing the security measures of mandatory
psychiatric treatment (Article 523).”
As we see from the quoted provisions of the Criminal Procedure Code of the Repub-
lic of Serbia, it is clearly determined when the prosecution begins and when the criminal
proceedings started and does not leave room for conflicting interpretations. In accordance
with the principle of legality, in fact lawfulness of prosecuting in situations when you do not
have sufficient grounds for suspicion that a criminal offense was committed for an order to
conduct an investigation after finding out about the possibly of committed criminal offense,
the attorney shall begin the prosecution on their own or through the issuance of requests to
authorized official entities in order to verify the grounds for suspicion that a criminal offense
was committed or that a person has committed a criminal offense.
THE PRINCIPLE OF OPPORTUNITY IN CRIMINAL PROCEDUR-

AL LAW IN BOSNIA AND HERZEGOVINA
According to Dr Milan Skulic and Dr Tatjana Bugarski, the principle of opportunity of
criminal prosecution is contrary to the principle of the principle of legality of criminal pros-
ecution and in many papers it is not exposed to such special or particular criminal procedur-
al principle, but only as a process opposite of the principle of legality (an exception to this
principle ), and is reflected in the handling of ‘’opportunity’’, so that the prosecution does not
necessarily take even though they met all the required conditions arising from the principle
of legality, but according to the assessment of the appropriateness of prosecution in certain
case, the prosecution may or may not be taken, wherein the criterion for failure to prosecute
in some national (comparative) criminal proceedings is associated with, for example, the high
cost of the procedure, or is based on some attributes of the accused14.
Unlike the previously cited paragraph, Dr Snezana Brkic believes that the opportunity
principle implies an obligation of the public prosecutor to prosecute when they met all legal
and actual legal requirements and if it is in a given case purposeful15. As Dr Brkic said, both
the principles establish the obligation of prosecution, provided that the difference lies in the
14 M. Skulic, T. Bugarski, Criminal procedural law 1, Faculty of Law in Novi Sad, 2015., page 101.;
15 S. Brkic, Criminal procedural law 1, Faculty of Law in Novi Sad, 2014., page 59.;
186 Zeljko Krsic
fact that obligations with the principle of legality occurs automatically upon the fulfillment of
all legal requirements, and with the principle of opportunity, after a preliminary evaluation
of appropriateness.
The principle of opportunity of criminal prosecution represents some form of discretion
of the prosecutor, who has the right defined by law after determining that the requirements
for undertaking criminal prosecution are fulfilled, if he finds that there are particular reasons
of expediency in favor of not initiating criminal prosecution or not to bring a prosecution,
to decide on not prosecuting the perpetrator or the initiation of criminal proceedings or to
propose completion of proceedings and terminate the proceedings in any other way.
At the discretion whether to prosecute, to start criminal proceedings, or how to com-
plete the procedure, the prosecutor cannot be guided by self-interest or conviction, but the
higher, national interest or the interest of the public. The national interest and the interest of
social public or community can be in detecting and proving particularly serious crime with a
marked social risk (organized crime, terrorism, giving immunity to witnesses and defendants
in exchange for testimony), personal characteristics of the offender and his relationship to
the crime committed and its consequences (juvenile offenders, etc.), the economy of criminal
procedure (reduce the cost by avoiding the time-consuming procedures, particularly for less
serious offenses where the stipulated minor criminal sanctions, etc.), cases where a decision
on the initiation of criminal prosecution and the initiation of criminal proceedings does not
depend solely on the decision of the Public Prosecutor (offenses for which the requirement
for criminal prosecution is making the proposal for the prosecution by the injured party, etc.).
Elements of opportunity of criminal prosecution are also in agreement on the admission
of the offense, which in addition to those elements of their content that are required, may
contain certain optional elements: 1) statement of the public prosecutor of the withdrawal
from the prosecution of offenses which are not covered by the agreement on the recogni-
tion of the crime, which is a form of opportunistic prosecution, wherein any specific design
criteria (from the standpoint of expediency, the justification of the withdrawal, etc.) are not
determined for such decision of the public prosecutor, but it is completely left to their eval-
uation; and 2) a statement of the defendant on the acceptance of obligations which cannot
otherwise be determined under the procedure of the public prosecutor under the principle of
conditioned opportunity of criminal prosecution (postponement of criminal prosecution in
preliminary proceedings), and provided that the nature of the obligation makes it possible to
begin its execution before submitting the agreement to court16.
The principle of legality of criminal prosecution is the rule, while the application of the
principle of opportunity of criminal prosecution is an exception to this rule and the public
prosecutor can apply that exception for reasons of expediency, only when there are national
(state) and socially justifiable reasons for this.
In contrast to the legality of the principle that is clear and in a special provision in the
legislation defined as the principle of criminal proceeding, the opportunity principle as such
is not particularly prescribed by the Laws on Criminal Procedure in Bosnia and Herzegovina.
In the Article 17 of the Law on Criminal Procedure of the Republic of Srpska, which stipu-
lates the principle of legality, it is determined that the claimant shall initiate prosecution if
there is evidence that a criminal offense was committed, unless the law provides otherwise.
The foregoing provisions of the Law on Criminal Procedure provides for the possibility that
prosecutors in certain cases stipulated by the Law on Criminal Procedure does not prosecute
even though there is evidence of a criminal prosecution. In addition, in the Article 43 - rights
and duties of the prosecutor under item (v), the RS Law on Criminal Procedure provides for
that the claimant provides immunity in accordance with Article149 of the Law on Criminal
16 M. Skulic, T. Bugarski, Criminal procedural law 1, Faculty of Law in Novi Sad, 2015., page 104.;
Procedure. In Article 149 - The right of witnesses to refuse to answer certain questions, reg-
ulates the granting of immunity to the witness by the prosecutor so the witness could answer
the questions that they could refuse to answer on the ground that a truthful answer to these
questions could expose them to prosecution. Also, a special law regulating the criminal pro-
ceedings against juvenile offenders, which also gives the prosecutor the option due to the
specific characteristics of the perpetrator to decide whether to initiate criminal prosecution
and criminal proceedings against juveniles and how the process will terminate17.
By criminal procedure in Bosnia and Herzegovina provides for the possibility of signing
the agreement on the recognition of the crime between the public prosecutor and the perpe-
trator, but only as a simplified form of processing in order to reduce and simplify the process.
THE PRACTICE OF PROSECUTORS AND COURTS IN B&H

CONCERNING THE GRANTING IMMUNITY RELATIVE TO
PRINCIPLES OF LEGALITY AND OPPORTUNITY
The provisions of the Law on Criminal Procedure in B&H do not suggest in any stage of
the proceedings that the prosecutor can give immunity to the witness, or in which way grant-
ing immunity is formalised, or whether the prosecutor must obtain the prior approval of the
competent court for granting immunity, and the provisions of these laws did not specify what
the prosecution implies and what the moment of initiating criminal proceedings is. From
the above-mentioned provisions of the Law on Criminal Procedure which entitles the public
prosecutor to give immunity from prosecution, it appears that the prosecutor gives immunity
to the witness, which means the person for whom at the moment of testifying and deciding
on immunity there are no grounds for suspicion of having committed a criminal offense and
they might be questioned as a suspect and charged with committing an offense. However, in
practice of prosecutions` treatment in Bosnia and Herzegovina the mentioned provisions
are not applied so rigidly, or prosecution provides immunity also to people for whom they
previously learned that they have committed certain types of offenses, in order to provide
evidence against the other perpetrators or detecting and proving other offenses. Namely with
the lack of high-quality legal mechanisms, public prosecutors are trying to find modalities
to imprecise or unclear legal requirements and use some experience from other comparative
criminal procedure systems and create a certain quasi mechanisms. Thus, in certain cases the
prosecutors give immunity to the people who have been previously interrogated as a suspect-
ed of criminal offenses by the authorities, and even by the prosecutor. In practice of the pros-
ecutions’ conduct in the Republic of Srpska, the practice of issuing the decision on granting
immunity to the witness and concluding the contract between the plaintiff and witnesses on
granting immunity without having to obtain prior approval of the court is established. In the
contract on granting immunity the prosecutor defines the obligations of witnesses determine
the circumstances under which the decision on granting immunity might be withdrawn. In
case that in the process of verifying information that the witness testified about it is estab-
lished that the witness gave false testimony, the appointed will be prosecuted for perjury, and
if not complied with the obligations under the contract prosecutor may revoke the decision
on granting immunity and prosecute the witness based on the facts which they testified about.
While researching this issue, the courts examined the increasing number of decisions of
the courts in B&H concerning the granting of immunity to the witness and the conclusion
17 Law on Protection and Treatment of Children and Juveniles in the Criminal Procedure, Official
Gazette of the Republic of Srpska, No. 13/10, 61/13, 108/13
188 Zeljko Krsic
of agreements granting immunity between the public prosecutor and witnesses, suspects and
accused, and in the sequel I will briefly present and display two specific cases. In order to
understand them, it is necessary to fully discuss and understand the problem of ambiguous
and imprecise legal provisions regarding the application of the principles of legality and the
opportunity concerning the granting of immunity from prosecution in the criminal process
systems in B&H.
On the day 10/25/2016, deciding on the appeal of the defense counsel of accused D.K. in
the criminal case against the named because of the crime, the Supreme Court of the Republic
of Srpska brought decision on consideration of the appeal, quashed the judgment of the Dis-
trict Court in Doboj, and returned the case to the mentioned court for retrial18.
The appeal against the judgment stated that the first instance verdict was based, among
other things, on the testimony of witness R.K. with whom the chief district prosecutor in
Doboj on the day of Sep 13, 2012 concluded the immunity agreement which gives them im-
munity from prosecution in return for the suspect R.K. agrees to testify in the criminal case
against accomplices in the crime of robbery D.K. and P.J., although before that, on two occa-
sions on Aug 22, 2012 and Aug 23, 2012, R.K. was questioned as a suspect, and the named as
a suspect was included in an order of implementing investigation by the District Prosecutor’s
Office in Doboj on Aug 23, 2012. Once concluded immunity agreement between the Chief
Prosecutor and R.K., on the day of Sep 13, 2012, the named was heard as a witness and the
record of the hearing of named designated as a witness was used in the criminal proceedings
against the accused D.K.
Considering the previous allegations in the complaint, the Supreme Court Council of the
Republic of Srpska embarked on the merits and the question arose whether the record of the
examination of witness R.K. from Sep 13, 2012 was acquired in a lawful manner, considering
that in this case the suspect, against whom an investigation has already been initiated, was giv-
en immunity from prosecution and he was then questioned as a witness to the evidence used
for the establishment of conviction. Considering the previous question, the Supreme Court
Council stated that the prosecutor has the authority to give a person immunity from pros-
ecution, and therefore to apply the principle of opportunity of criminal prosecution which
deviates from the principle of legality as the rule, and that the authorization to the prosecutor
results from Article 43, paragraph 2, item v) of the RS Law on Criminal Procedure, where it
was stated that the right of the prosecutor to give immunity is in accordance with Article149
of the RS LCP. The Council further notes that with Article 149 of LCP RS granting immunity
by prosecutors is strictly limited to cases defined by law and that the plaintiff is entitled to
give immunity by his decision to the witness who has the right to refuse to answer questions
that might lead to his prosecution, and that the plaintiff is not entitled to give immunity from
prosecution to a person who has the status of a suspect or defendant in criminal proceedings.
The Supreme Court Council found that giving immunity to a suspect acted contrary to the
provisions of Article 149, paragraph 3, in relation to Article 43, paragraph 2, item c) of the
LCP of RS, which is why the suspect could not have been heard as witness, so that the record
on hearing the named in the criminal proceedings is unlawful evidence on which the judg-
ment cannot be based.
The Grand Chamber of the Constitutional Court of Bosnia and Herzegovina at its session
on May 14, 201519, adopted an appeal of D.M., found that there was a violation of Article
II/3e) of the Constitution of Bosnia and Herzegovina and Article 6, item 1 of the European
18 For details, see decision of the Supreme Court of the Republic of Srpska, number K002132 13 0 16
Criminal Code of 10/25/2012;
19 For details, see the decision of the B&H Constitutional Court on the admissibility and merits in case
No. AP 1185/11, published in the Official Gazette No. 46/15;
Convention for the Protection of Human Rights and Fundamental Freedoms, quashed the
judgment of the Court of Bosnia and Herzegovina number XK-06/193 from Jan 26, 2011 and
returned the case for retrial to the Court of B&H. The appellant D.M. stated in the appeal that
by the order of B&H Prosecutor’s Office to conduct an investigation from Mar 18, 2008, he,
along with six other persons, among whom is DZ.M., was suspected of having committed
criminal offenses of organized crime in connection with other crimes. The B&H Prosecutor’s
Office concluded the immunity agreement with DZ.M. on May 15, 2018, and the agreement,
among other things stated that the suspect DZ.M., if he signed the agreement, he would be
obliged to tell the whole truth about everything he was asked. On the same day, May 15, 2008,
the B&H Prosecutor’s order suspended the investigation against DZ.M. After giving an order
to suspend the investigation, the Prosecutor’s Office heard DZ.M. as a witness. Based on wit-
ness’s, DZ.M., statements, the B&H Trial Chamber held that D.M. together with four other
persons committed the criminal offenses they are charged upon. Deciding on the allegations
from the appeal that the appellant’s right to a fair trial was denied by the use of illegal obtain-
ing witness statements of DZ.M., who testified after being granted immunity from prosecu-
tion in exchange for testimony, the Grand Chamber analyzed in the process of deciding the
quality of the evidence, including whether the circumstances under which the evidence was
obtained cast doubt on their credibility. Also, it was stated that regarding the question wheth-
er in this case should depart from the principle of legality, according to which the prosecution
has an obligation to prosecute offenders, the Constitutional Court notes that one of the ways
used by the modern states for successful fight against the perpetrators of serious criminal acts
is to create the legal mechanisms which allow the prosecution under certain conditions to
depart from the principle of legality prosecution. The Constitutional Court found that the cir-
cumstances under which it acquired the disputed evidence (witness testimony DZ.M.) cause
reasonable doubt as to its credibility.
In the first case, the Supreme Court of the Republic of Srpska brought a decision which
clearly and unequivocally concludes that the establishment of the verdict on the testimony
of witness, whom the Prosecutor granted immunity from prosecution in order to testify, and
a person who was earlier in the investigation suspected of having committed a crime, was a
substantial violation of the criminal proceedings, and that such evidence is illegal. It indicates
from this decision of the Supreme Court that in the present case, the prosecutor wrongly
departed from the mandatory application of the principle of legality of criminal prosecution
as the rule and contrary to the provisions of the Law on Criminal Procedure they applied
the principle of opportunity of criminal prosecution as an exception. In the specific case the
principle of opportunity of criminal prosecution could be possibly applied for reasons of ex-
pediency in the interests of protecting the community from the most serious forms of crime.
In the second case, the Grand Chamber of the Constitutional Court did not further get
into assessing the legality and regularity of the procedure of prosecutor, who gave immunity
from prosecution to a person who has previously had the status of a suspect in the same case,
in exchange for a promise to testify against other suspects in the case, then issued an order
terminating the investigation against him, after which he was heard as a witness. The Grand
Chamber of the Constitutional Court quashed and remitted verdict of the B&H Court, which
was based on the testimony of the foregoing witness, stating that the evidence of a witness who
was granted immunity from prosecution was not corroborated by other evidence, and circum-
stances of the case cause reasonable doubt to its credibility and accuracy. In the decision the
Constitutional Court noted that one of the ways used by the modern states for successful fight
against the perpetrators of serious crimes is a creation of legal mechanisms that allow prosecu-
tion to deviate from the principle of legality of criminal prosecution under certain conditions.
Previously mentioned observation points to the need to establish new mechanisms in the B&H
Criminal Procedural Law for the fight against organized and serious crime.
190 Zeljko Krsic
I think that in both cases, acting prosecutors, due to the lack of quality mechanisms in
criminal procedural systems in B&H (such as entering into a plea agreement with a clause
on defendant’s cooperation) and inability to otherwise provide quality personal and material
evidence, tried to serve the so-called ‘criminal cunning’ ‘and emulating the practice of con-
duct of the prosecution in the neighboring countries and other countries to deviate from the
principle of legality and application of the prosecution’s principle of opportunity justified for
reasons of the higher national interest - proving the most serious crimes that cause significant
distress to the public.
In the criminal process system in B&H, in any currently applicable law on criminal proce-
dure, even in the earlier laws on criminal proceedings, the possibility of giving full or partial
immunity from prosecution of the suspect and the defendant in exchange for cooperation
with criminal prosecution in order to solve criminal offenses and detecting and sanctioning
the perpetrators thereof is not provided for.
CONCLUSION
The principle of legality is one of the basic principles of criminal procedure law, and is
also one of the basic principles stipulated in all laws on criminal procedure in Bosnia and
Herzegovina. The principle of legality, along with the accusatory principle, is the purpose of
existence and activities of the public prosecutor and obliges him by the knowledge that there
is evidence or reasonable indications of the commission of a crime, to prosecute. The term
prosecution is a broader concept than criminal proceedings. There are different views of sci-
entists and experts of what is considered the beginning of the criminal proceedings, whether
it is a moment of confirmation of the indictment by the competent court or the moment of
order on conducting the investigation by the public prosecutor. Criminal prosecution is a
broader concept than criminal proceedings and includes criminal procedure, but also all the
actions undertaken by the public prosecutor and authorized officials from the moment of
learning about a crime or information that is preparing to commit a criminal offense, in order
to solve that crime, documenting and proving the same. In accordance with the foregoing,
the principle of legality of criminal prosecution obliges the prosecutor to prosecute all per-
sons for whom there are sufficient indications that they participated in the crime. In criminal
procedures, which are currently in force in B&H, the way the prosecution begins and how to
start prosecution is not precisely defined, although the term ‘criminal prosecution’ is often
used in criminal procedure. The principle of opportunity of criminal prosecution is an excep-
tion to the principle of legality of criminal prosecution and gives the possibility to the public
prosecutor for reasons of expediency not to prosecute, not to initiate criminal proceedings or
submit the completion of criminal proceedings in a certain way. In order for the public prose-
cutor to deviate from the principle of legality of criminal prosecution and apply the principle
of opportunity of criminal prosecution of previously mentioned reasons, the law on criminal
procedure must provide for certain mechanisms for the implementation of the principle of
opportunity. The Laws on Criminal Procedure in B&H prescribe only one form of possible
application of the principle of opportunity against a person who could give specific informa-
tion on criminal offenses and persons who participated in the commission, and only through
the authority of the public prosecutor for their immunity from prosecution to witness who
does not want to answer certain questions on the ground that a truthful answer to these ques-
tions might expose him to the prosecution. The Law on Criminal Procedure of the Republic
of Srpska in Article 149, provides for that a witness who answers the underlying questions
after getting the immunity will not be subject to criminal prosecution unless giving a false
statement. The Laws on Criminal Procedure in B&H, even in the provisions which define the
conclusion of an agreement between the suspect/accused with the public prosecutor on plea
for a criminal offense, do not predict accurately the ability of the public prosecutor to give
that person a partial or full immunity from prosecution in exchange for cooperation with the
prosecution in order to detect and prove criminal offenses and their perpetrators. With the
conducted research and analyzing a certain number of criminal proceedings, and the decision
of the higher courts by regular and extraordinary legal remedies, it has been observed that in
Bosnia and Herzegovina, public prosecutors most likely due to the lack of good mechanisms
in criminal procedure for the application of the principle of opportunity to offenders who
would be cooperative and able to cooperate with the prosecution and help clarifying criminal
acts and the perpetrators thereof proving liability, the so-called resort ‘’criminal cunning’’
and at the end the illegal use of the authority granting immunity from prosecution, which
ultimately leads to the suspension of criminal proceedings, annulling and abolishing Court’s
decisions, which based on thus obtained evidence make judgment which find certain persons
guilty of criminal offenses. In my opinion it is necessary to consider good comparative legal
solutions from surrounding countries and other countries which introduce new mechanisms
to fight against severe and serious forms of crime, such as organized crime and terrorism, and
those solutions are based on the application of the principle of opportunity of criminal prose-
cution against persons who expressed willingness to collaborate and cooperate with the pros-
ecution. Here I note only as good examples the provisions of the Criminal Procedure Code
of the Republic of Serbia which stipulate the agreement on the testimony of the defendant
(Article 320 to 326 of the Criminal Procedure Code of the Republic of Serbia). The principle
of opportunity of criminal prosecution provides quality possibility to build and introduce
new mechanisms for fighting against crime, provided that these mechanisms are clearly and
precisely stipulated by law and also high-quality forms of judicial control are designed over
the implementation of these mechanisms.
REFERENCES
1. S. Brkic, Criminal procedural law 1, Faculty of Law in Novi Sad, 2014;
2. Jokic M., Krsic Z., The importance of cooperating witness and a plea agreement to combat
contemporary forms of crime, Combating contemporary forms of criminality, Collection
of Works, Volume 3, Tara, 2015;
3. M. Skulic, T. Bugarski, Criminal procedural law 1, Faculty of Law in Novi Sad, 2015;
4. H.Sijercic-Colic, Criminal procedural Law, Book 1, Faculty of Law at the University in Sa-
rajevo, 2008;
5. The Criminal Procedural Law of the Republic of Srpska, The RS Official Gazette number
53/12;
6. Law on Protection and Treatment of Children and Juveniles in the Criminal Procedure,
Official Gazette of the Republic of Srpska, No. 13/10, 61/13, 108/13;
7. The Criminal Procedural Law of the FB&H, The FB&H Official Gazette, number
35/03,37/03,56/03, 78/04, 28/05, 55/06, 27/07, 53/07, 9/09, 12/10;
8. The Criminal Procedural Law of the B&H, The B&H Official Gazette, number 3/03, 32/03,
36/03, 26/04, 63/04, 13/05, 48/05, 46/06, 76/06, 29/07, 32/07, 53/07, 76/07, 15/08, 58/08,
12/09, 16/09, 93/09, 72/13;
9. The Criminal Procedural Law of Brcko District, Official Gazette of Brcko District B&H,
number 33/13, 27/14.
10. The Criminal Procedural Code of Republic of Serbia, Official Gazette of Republic of Ser-
bia, number 72/11, 101/11, 21/12, 32/13, 45/13, 55/14.
CRIMINAL OFFENSE OF EXTORTION - MODELS OF
GOOD REGULATION IN LEGISLATIONS OF SOME
EUROPEAN COUNTRIES
Gordana Nikolić
Ministry of Internal Affairs of the Republic of Serbia
e-mail: [email protected]
Tomislav Trajković
Judge of the High Court in Niš
Mihailo Zogović, PhD
Ministry of Defence of the Republic of Serbia
Abstract: The crime of extortion is the old, classic criminal offense, and it can be said
of a specific criminal offense, bearing in mind that the force and the threat of such
forms of coercion emerge as ways of execution of this work aimed at obtaining illegal
profit. Hence extortion considered violent property crime. All of this forms part of
the punishment of imprisonment in different ranges, while using a general institute
of the fine, the penalty may be imposed as an accessory for offenses motivated by
greed, when not prescribed by law or is an alternative to imprisonment for a term
determined by the court handed down as a principal punishment. Bearing in mind
that the purpose of perpetrating the criminal offense of extortion is obtaining illegal
material benefit, this work is considered a criminal act out of greed, but a fine as an
accessory in imposing possible. While respecting the general principles criminal law
in determining the fine, the judge is entrusted with the subjective evaluation in terms
of imposing a fine, and then in terms of sentencing. This raises the question “Is a
fine should be imposed as an accessory punishment prescribed cumulatively with the
punishment of imprisonment for the criminal act of extortion.” Some comparative
legislation, such as the legislation of Italy and France have introduced this solution,
and their reaction to this crime consists in a very rigorous punishment as a special
case in the Criminal Code of France. Legislation Germanic countries, of which we
have always taking the decision which proved to be as good as the more severe form
of the offense prescribed by extortion and suicide, or suicide passive entity which is
criminalized in the Penal Code of Austria, which represents interesting and the only
solution in the European legislation. The authors analyze these solutions and domestic,
and indicate the way in which these cases could our country to serve as a model for
future modifications of some conceptual elements of the offense to “de lege ferenda”
sense, considering that in the Serbian Criminal Code is one of the modern criminal
laws the crime of extortion criminalizes adequately.
Keywords: extortion, Criminal Code, legislation, European legislation.
194 Gordana Nikolić, Tomislav Trajković, Mihailo Zogović
INTRODUCTION
The Criminal Code of the Republic of Serbia by no means has a bad legal text, which is
why it is considered as one of the modern criminal legislations, and with regard to this, the
criminalization of offenses related to basic and qualified forms of extortion is fully adequate.
For the purpose of modeling the criminal law norms relating to extortion, it is necessary to
analyze the legislation of other European countries by employing a comparative approach,
and adopting the models which could serve our legislation as role models, which would con-
tribute to the future updates concerning this act.
The example of a comparative analysis of the criminal offense of extortion, in relation to
the national solution, which also represents a model of good regulations in this paper, was
taken from the Criminal Codes of Austria, France and Italy, for two reasons. The first is that
the solutions of legislations from Germanic countries have always proved to be good, so we
always opted for them in the past. The analyzed legislation of Austria was taken for this rea-
son, and for its specific solution, while France and Italy are known for their rigorous penalties
for all criminal acts, extortion included, and were, therefore, selected for analysis due to their
specific and very rigorous punishments.
The question that arises in our legislation is whether a fine should be imposed cumulative-
ly as prescribed punishment for extortion, in addition to the main prison sentence, bearing
in mind that it is a property-related offense with the intention of obtaining unlawful material
gain by committing this act. The Criminal Code of the Republic of Serbia regulates this in-
stance in the general part of criminal law, referring to the general provisions on fines, and the
provisions on the confiscation of material gain.
However, this seemingly simple solution, which is also accurate, indicates the possibility
of modifying the legal norms that would fully regulate the punishment for extortion by the
introduction of fines, and the punishment for extortion, applied in the legislation of Italy and
France, shall serve as a model for this, as well as by adopting some of the provisions in terms
of qualified offense forms stipulated in the Criminal Code of Austria. These norms will be an-
alyzed hereafter, the provisions that the legislator should focus on will be strictly emphasized,
and the reasons will be justified for the introduction of new standards with the incrimination
of the crime of extortion which would be inevitable, adequate and important in the “de lege
ferenda” terms.
CRIME OF EXTORTION IN THE LEGISLATION

OF THE REPUBLIC OF SERBIA
In the criminal law of the Republic of Serbia, extortion is regulated by the provisions of the
Criminal Code1 in the systematization of crimes against property stipulated in Article 214.
The act has one basic and four severe (qualified) forms. The basic form of extortion consists of
the coercion of another person by force or threat to do or not do something at the expense of
their own or other people’s property with the intention of securing unlawful material benefit
for oneself or another person.2
The act of committing this crime involves the coercion of a passive entity to do or not
do something at the expense of their property or someone else’s property. Coercion (com-
1 „Službeni glasnik RS“, No 85/05, 88/2005, 107/2005, 72/2009, 111/2009, 121/12, 104/13, 108/14 i
94/16.
2 V. Đurđić; D. Jovašević, Krivično pravo, posebni deo, Beograd, p. 112.
CRIMINAL OFFENSE OF EXTORTION - MODELS OF GOOD REGULATION IN...195
pulsion) is executed in two ways: by force or threat, which are marked alternatively in the
incrimination, but this does not exclude the possibility of the perpetrator using both force
and threat cumulatively.
According to its characteristics, extortion is a specific criminal offense because coercion
here appears only as a means for achieving the primary objective of extortion, and this is ob-
taining illegal material gain3. Considering the fact that the aim of extortion is obtaining illegal
material gain, this is the reason that this criminal offense is classified as a crime against prop-
erty, not against the freedom and rights of citizens, although the use of force violates the rights
and freedoms of citizens, which is not the main goal of the offender. Instead, the mentioned
only uses it to achieve his primary objective, which is gaining illegal material gain4.
The perpetrator of the offense can be any person, and culpability requires direct premed-
itation which is qualified by direct intent (obtaining unlawful material gain for oneself or
another person). If force or threat is used without any such intention, the act will not be clas-
sified as extortion but another criminal offense, primarily coercion. This offense is punishable
by imprisonment of one to eight years.
In addition to the basic form, the criminal offense of extortion has four severe forms. The
first and second severe forms of extortion are qualified by the amount of the acquired mate-
rial gain. If the illegal amount of the material gain acquired through extortion exceeds four
hundred and fifty thousand dinars, the perpetrator shall be punished by imprisonment of two
to ten years (paragraph 2), and if the basic form of the crime secures material gain in excess
of the amount of one million five hundred thousand dinars, the perpetrator shall be punished
with imprisonment from three to twelve years (paragraph 3).
In addition to these severe forms which are qualified by material gain, there are two other
severe forms of the crime of extortion. The third severe form exists in one of two alternative
prescribed cases: 1) if the perpetrator engages in the commission of the above-mentioned
basic or severe forms of extortion (including a continuous execution of this offense, i.e. in the
form of a trade). The qualifying circumstance of this form is in the “dealing”, and for this con-
cept, it is not sufficient to have extortion committed once, even in those situations in which
it can unambiguously be established that there is an intention of repeating the act5, or 2) if
the act is committed by a group. This is a group that represents the qualifying circumstance
of an offense, and pursuant to Article 112, paragraph 22, of the Criminal Code, it exists when
there are at least three persons who are associated for the purpose of permanent or temporary
commission of criminal offenses, who do not need to have defined roles for its members, con-
tinuity of membership or a developed structure. This offense is punishable by imprisonment
of five to fifteen years.
The fourth, most severe form of the crime exists if the extortion (basic or severe forms
which are qualified by the amount of material gain) is committed by an organized criminal
group. Pursuant to Article 112, paragraph 35, of the Criminal Code, an organized criminal
group is a group of three or more persons, existing for a period of time and acting in concert
with the aim of committing one or more criminal offenses which entail a punishment of im-
prisonment of four years or more, for the purpose of achieving direct or indirect financial or
other benefits. It should be noted that an identical definition of an organized criminal group
is given in the current Criminal Procedure Code in Art. 2, p. 1, p. 33, by which the Criminal
Code and the Criminal Procedure Code are fully harmonized, which is very significant from
the aspect of the legal security of citizens on the one hand, as well as the uniform treatment of
3 LJ. Lazarević, Komentar krivičnog zakonika, Beograd, 2011, p. 714.

4 M. Škulić, Organizovani kriminalitet: pojam, pojavni oblici, krivična dela i krivični postupak, Beograd,
2015, p. 263-267.
5 Z. Stojanović, Komentar Krivičnog zakonika, Beograd, 2007, p. 523.
the public authorities, on the other hand. This form of extortion represents one of the typical
organized criminal activities which are colloquially referred to as a “scam” or “racketeering”.6
The criminal offense of extortion is often identified as racketeering, which cannot be fully
accepted, since racketeering is one of the ways and modes of action and expression of orga-
nized crime7. This most severe form of extortion is punishable by imprisonment of at least
five years, which means that a specific minimum punishment has been determined, though
the legislator has not prescribed a specific maximum punishment, but there is a maximum
penalty equal to the overall maximum prison sentence of twenty years.
This last and most serious form of extortion was introduced in the incrimination of crim-
inal legislation with the most comprehensive update of the Criminal Code in 2009, and it
is the only one that represents a form of organized crime8, while the previous forms, which
represent the basic form and the previously qualified forms of the crime belong to classic
forms of crime.
For all the mentioned forms of the criminal offense of extortion, the legislator prescribes
punishment consisting exclusively of a prison sentence as an independent punishment. How-
ever, respecting the general norms of criminal law on fines, pursuant to Article 48 of the
Criminal Code, the mentioned gives the judge the possibility of imposing a fine for the offens-
es committed out of greed, which includes the crime of extortion. In the sense of this article,
for criminal offenses motivated by greed, a fine may be imposed as an accessory penalty, even
if it is not prescribed by law or when the law stipulates that the perpetrator shall be punished
by imprisonment or a fine, and the court imposes imprisonment as the principal punishment.
This solution has not proven to be frequent in practice, and this sentence is imposed very
rarely, while the legislator gives the judge the option of free assessment of whether this gen-
eral institute regarding the fine shall be applied or not. The objection to this solution is that it
undermines the principle of legality in sentencing, because the imposed penalty is one which
is not prescribed for the committed offense, and the justification for this is that legislators can-
not anticipate in advance which act can be committed out of greed to prescribe an alternative
or independent prison sentence9.
In addition to this possibility, the legislator prescribes the conditions and manner of con-
fiscating the material gain obtained through the criminal offense from the offender, and if
confiscation is not possible, the perpetrator shall be obliged to provide other property in ex-
change, one that corresponds to the value of assets acquired through the commission of the
crime or gained as a result of the crime, or pay a cash value equal to the obtained material
property (Article 92 of the Criminal Code).
Furthermore, the legislator prescribes the possibility of referring the injured party to
criminal proceedings in a lawsuit regarding property claims, which the mentioned may seek
to be reimbursed from the confiscated assets provided that a lawsuit is filed within six months
from the day the decision of being referred to the case enters into force (Article 93 of the
Criminal Code).
More legal options stem from the foregoing related to fines against the perpetrator of this
offense and others. One of the possibilities is simply imposing a fine pursuant to Art. 48 of
the Criminal Code, whereas other possibilities involve making a property claim if the injured
party is instructed to litigation, as well as confiscation, which is not a punishment of the of-
6 M. Škulić, op. cit., p. 263-267.
7 M. Bošković, Kriminalistika metodika, Beograd, 2005, p. 160-163.
8 Each form of the offense that is committed by an organized group represents a form of organized
crime, so the Criminal Code prescribes a whole sequence of acts, which are qualified as aggravated by
the execution of acts by an organized criminal group (for more details, see: Z. Stojanović; D. Kolarić,
Krivičnopravno reagovanje na teške oblike kriminaliteta, Beograd, 2010).
9 Lazarević, op. cit., p. 239.
fender. The essence of these options is to restore what has been unlawfully taken away, not
punishment. In this regard, it would be more appropriate to introduce a fine for this serious
crime, prescribed cumulatively with the main prison sentence, which would realize the im-
portance of special and general prevention of the perpetrators of these acts, bearing in mind
their intentions of committing the crime for the purpose of illegally obtaining property.
AN EXAMPLE OF A SPECIFIC SOLUTION FOR THE CRIME

OF EXTORTION IN THE LEGISLATION OF AUSTRIA
The Criminal Code of Austria10 provides for the criminal offense of extortion and heavy
extortion in Articles 144 and 145. Pursuant to Article 144, extortion consists of the following:
“If someone employs the use of force or serious threat to compel another person to do, not
to do or tolerate something, thus causing damage to the mentioned or to someone else, the
offense is committed with premeditation, or by an act of extortion, in order to achieve an
unlawful material gain for oneself or a third person, and such a person shall be punished by
imprisonment of six months to five years.”11 Punishing the basic form of extortion consists
of an independent prison sentence, just as in the domestic legislation. The only difference is
the somewhat lighter penalty when compared to the punishment prescribed by the Criminal
Code of Serbia.
The Criminal Code of Austria foresees heavy extortion as a special criminal offense rather
than a qualified form of an existing offense, and in this sense, “Whoever commits extortion
1) under the threat of death, with significant mutilation or considerable mutilation of another
person, by kidnapping, arson, risky use of nuclear energy, ionized radiation or explosive, or
with the disturbance of the existence of economic or social position, or 2) where by directing
dangerous threats of violence or other form of threats against the victim or someone else, the
mentioned is kept in the state of expressed agony over a longer time period, the perpetrators
shall be imposed a prison sentence for a period of one to ten years” (Article 145, paragraph 1,
of the Criminal Code of Austria).
Pursuant to the mentioned article, in the event of heavy extortion, the punishment will
also be imposed on anyone who 1) commits extortion in the performance of official duties, or
2) commits this offence against the same person in continuity over a long time period (Article
145, paragraph 2, of the Criminal Code of Austria).
The perpetrator shall also be punished in the event that the criminal offence results in sui-
cide or attempted suicide of the victim or anyone else to whom violence or dangerous threats
were directed (Article 145, paragraph 3, of the Criminal Code of Austria). This severe form of
extortion is specific and should be discussed in terms of incrimination under our legislation.
Namely, from the standpoint of forensic medicine12, the term suicide refers to two ele-
ments, i.e. suicidal predisposition and the motive for suicide that drives this predisposition.
Therefore, the motive is not considered a medical or legal reason for suicide, but something
that is a trigger or initiator of the suicidal predisposition that a person carries within them,
10 Strafgesetzbuch, Manz, Taschenausgaben, 9., durchgesehene Auflage, Wien, 1989; Strafgesetzbuch,
Gesamte Rechtsvorschrift für Strafgesetzbuch, Fassung vom 04.10.2016, Bundesgesetz vom 23. Jänner
1974, Änderung 154/15, taken from the website http://www.legislationline.org/documents/section/
criminal-codes Criminal Code of the Republic of Austria (1974, amended 2015), German version,
access 08.05.2017.
11 This type of punishment, in terms of the range of prison sentences for the offense of extortion, is
prescribed in some legislation of the neighboring countries in the region and the region of our former
republics, such as the legislation of Bosnia and Herzegovina, and that of Croatia.
12 P. Mihalović; LJ. Božić, Sudska medicina, Beograd, 2001, p. 33, 34.
which is either developed or acquired through a variety of reasons, including genetics, so

the motive for suicide is used more as a jargon term and the human interest response is fully
justified. In this regard, this interpretation is also not in favor of proving suicide and its rela-
tionship to the qualified form of extortion.
Despite the stated reason that would inevitably present difficulty in securing proof, the
legislator is entirely right to prescribe this form as qualified for a number of reasons. Firstly,
it is known that, in practice, cases of suicide often occurred as a result of extortion on the
person. On the other hand, as a criminal offense, extortion bears one psychological specificity
and its execution also involves a psychological impact on the victim, bearing in mind that the
threat or violence over the victim is performed continuously until the offender appropriates
immovable property of the injured party (house, flat etc.), or money (which the injured party
gives, causing harm to their property). What is more, in this regard, various living circum-
stances of the victim, such as the situation in the family, current weather conditions and the
like, can lead to a state of narrowed consciousness of the victim, an inability to find solutions,
fear of the perpetrators to report the crime, and finally, to the victim’s suicide.13
This solution that the legislator prescribed as a severe form of extortion is entirely appropri-
ate and justified, so the other comparative legislations, including the legislation of our country,
indicate the possibility of incrimination of this act in the criminal legal decisions, bearing in
mind the fact that this act should belong to the category of psychological offences, in addition to
the category which considers it as a violent offense and property acquisition offense.
Finding adequate incrimination for the suicide of the victim due to the committed extor-
tion should be complemented with a precise solution that would not create a possible problem
in proving this act, and by employing this norm, the legislator should include these cases,
which unfortunately exist in practice, within the scope of criminal legislation of which we
were reminded by the solution which is criminalized in the legislation of Austria. The adop-
tion of other severe forms of the crime of extortion existing in the legislation of Austria should
be carefully considered and analyzed. Some of the solutions are familiar to our legislation, as
in the case of continuously committing the act and the threat of death that is not comprehen-
sively mentioned, but force and threat aimed at the injured party can include this threat as
well. Focus of the paper will still be directed towards the adoption of the analyzed solution,
while others should be analyzed in the future in terms of whether it would be adequate or not
to introduce them in the incrimination of extortion.
Although it is well known that the history of Serbian legislation mainly involved adopting
legal texts from countries of the Germanic region, such as the laws of Germany and Austria,
and that such legal texts proved to be extremely good, it would certainly not be wrong to
adopt the previously analyzed solution and incorporate it into the incrimination of our leg-
islation. In addition, a long time ago, in his Commentary on the Criminal Code, prof. M.
Čubinski emphasized that it was not rare for the victims of the “chantage”14 of the time to be
brought to despair, which ended in suicide, and that in this regard, more attention should be
paid to such cases.15
13 The following circumstances may be cited as examples of this case: the victim has to sell the house or
apartment to pay the money to the perpetrator, the weather conditions are difficult (snow, cold, etc.) the
people who live in the house are incapacitated, health compromised persons or children and minors,
while at the same, victims are experiencing various forms of force, threats, coercion to do something to
the detriment of their assets, which can lead to the sale of the house or apartment to give money to the
perpetrator, gifts, or fictitious sale of this real-estate property to the perpetrator, which can easily cause
the suicide of the victim.
14 Chantage is a term for blackmail and comes from the French word chantage.
15 M. Čubinski, Naučni i praktični komentar Krivičnog zakonika Kraljevine Jugoslavije, Beograd, 1930,
p. 294.
FINE AS AN ACCESSORY PENALTY IN THE PUNISHMENTS

FOR EXTORTION IN THE LEGISLATIONS OF ITALY
AND FRANCE, AND ITS INTRODUCTION INTO
OUR LAW “DE LEGE FERENDA”
The Criminal Code of Italy16 prescribes the crime of extortion in the second book, under
chapter 13, Article 629. The incrimination of this offense is very similar to the incrimination
of our legislation, with the only difference being the adequate punishment, which entails a
cumulatively prescribed prison sentence and a fine for all forms of the offense.
With regard to this, the basic form of the crime of extortion constitutes the following: “Any
person who uses violence or threats to compel another person to do or not do something, in
order to obtain unlawful material gain for oneself or other people, to the damage of someone
else, shall be punished by imprisonment for a period of five to ten years and a fine of between
1000 euro and 4000 euro.”
Apart from the similarly specified commission of the act in the formal sense, and essen-
tially exactly the same in relation to the definition in our legislation, punishment for this
offense is stricter, bearing in mind that the prescribed minimum is 5 years, in contrast to our
solution with 1 year in prison, and 10 years as a special maximum, while it is 8 years pursuant
to our legislation. On the other hand, more adequate punishment involves a cumulative deter-
mination of a fine in addition to the prison sentence, so in that respect, in addition to the main
sentence, which is rigorous and harsh in itself (compared to the penalty in our legislation, as
well as in the legislation of other countries), extra severity in the punishment is achieved by a
cumulative determination of a fine as an accessory penalty.
A qualified form of the offense is linked to the previous article of this Code, relating to
robbery, in the last paragraph, indicating that, in the aggravating circumstances already men-
tioned in the last paragraph of the previous article (robbery), the legislator prescribes a prison
sentence of 6 years to 12 years, and a fine of 5000 euro to 15000 euro (cumulatively specified).
More serious forms of robbery, which have a direct connection with more severe forms of
extortion, are regulated in the last paragraph of Article 628, and these cases are the following:
-- if the violence is committed with weapons or the threat that weapons will be used, or the
person is falsely representing themselves, or more people are associated;
-- if the violence puts someone in a state of inability to act;
-- if violence or threats of violence will be conducted by a member of a group;
-- if the offense has been committed in the places referred to in Article 624 or in places
such as ones disrupting the public or private defense;
-- if the offense is committed in public transport;
-- if the offense is committed against a person who is involved in the act of using the
services of banks, the post office or ATMs used to withdraw money;
-- if the offense is committed against a person who is more than 65 years old.
In a very large text that refers to the criminal offenses of extortion, the Criminal Code of
France17 prescribes the criminal offense of extortion in Articles 312-1 to 312-9, in a separate
section. Pursuant to Article 312-1, coercion is the act of unlawfully gaining assets, securities
or any other form of property, as well as classified information, with the use or threat of vio-
16 Codice penale, Libro II, Dei delitti il particolare, pubblicato 2007, agiornato 2015.
17 Code Pénal France, Dalloz, La Tipografica Varese (LTV), Juillet 2012, Еdition 2013, Paris.
lence in order to compel another person to do something or not do something, or give their
approval for something, or give up something. Extortion shall be punished by imprisonment
for a term of seven years and a fine of 100,000 euros.
The legislator prescribes more stringent punishment involving a prison sentence of ten
years and a cumulatively prescribed fine of 150,000 euro for the comprehensively described
actions:
1. if the act is preceded by violence, if it is accompanied by the mentioned or involves
violence against another person as a consequence, which leads to a total disability of another
person to work up to eight days;
2. where the damage done to a person who is particularly vulnerable if their age is taken
into consideration, as well as disease, weakness, physical or mental disability or condition of
pregnancy, which was obvious or known to the perpetrator;
3. if the offense is committed owing to the victim’s actual or presumed belonging or not
belonging to a particular ethnic group, nation, race, creed, or sexual orientation;
4. If the offense is committed by a person who intentionally conceals the whole or parts
of their face so one would not be able to identify them, and
5. If the offense is committed in a school or educational institutions, at students’ entrance
or exit points or similar access points around such institutions.
In addition to the previously stated qualified forms, the legislator adds to them the com-
mitted acts whose qualifying circumstance makes them more severe and rigorous in terms
of punishment and execution. In this regard, extortion shall be punished by imprisonment
for a term of fifteen years and a cumulatively prescribed fine of 150,000 euros if the offense is
preceded by violence, if it is accompanied by the mentioned or if it involves violence against
another person as a consequence, which leads to total inability of another person to work for
more than eight days.
The prison sentence of twenty years and a fine in the amount of EUR 150,000 shall be
imposed for extortion which is preceded by violence, if it is accompanied by the mentioned
or involves violence against another person as a consequence, which leads to the mutilation
or permanent disability of another person.
Extortion shall be punished by imprisonment of thirty years and a fine of 150,000 euro
if the offense is committed with the threat or use of weapons, or by a person who carries a
weapon requiring a license or one whose possession is prohibited.
In the provisions of a separate article, the legislator defines extortion performed by an
organized criminal group18, and for this form of extortion, the legislator prescribes impris-
onment of twenty years19 and a fine of 150,000. If the offense is preceded by violence, if it is
accompanied by the mentioned or involves violence against another person as a consequence,
18 As a special circumstance, the legislator states that anyone who has attempted to commit the crime
of extortion as part of an organized criminal group will be exempt from punishment provided that, after
warning the administrative or judicial authorities, the mentioned contributes to the prevention of the
commission of the offense and is involved in the identification, where applicable, of other perpetrators
or accomplices. In addition, imprisonment imposed on the perpetrator of extortion or accomplices who
acted in the framework of an organized criminal group shall be halved provided that, after warning such
administrative or judicial authorities, the mentioned contributed to the prevention or termination of
the crime that resulted in loss of life or permanent disability, as well as helped in the identification of
other perpetrators and accomplices, if any. In the case of life imprisonment, the penalty will be reduced
to twenty years’ imprisonment.
19 For organized forms of extortion, the domestic legislation gives the possibility of imposing a prison
sentence of 20 years, bearing in mind that this is a general maximum punishment, but it does not
prescribe additional fines, as provided for within the framework of this incrimination.
which leads to mutilation or permanent disability against another person, it shall be punish-
able by imprisonment for a term of thirty years and a fine of 150,000 euro. Life imprisonment
is prescribed if the offense is committed at gunpoint or by a person who is carrying a weapon
requiring a license or whose possession is prohibited.
The maximum penalty of life imprisonment and a fine of 150,000 euro shall be imposed
for extortion which was preceded by violence, if it is accompanied by the mentioned or has
resulted in the violence that leads to the death of the injured party, torture or inhuman and
cruel conduct. The same penalties are prescribed for the attempt of this offense.
The Criminal Code of France is characterized by a very harsh punishment that goes to the
other extreme and transcends the meaning of punishment, which consists of retribution and
prevention, bearing in mind that such long prison sentences sometimes cannot achieve the
goal of punishment because of their length, and they cannot achieve the purpose of educa-
tion and re-education of the perpetrators of these offenses. In addition, the French legislation
provides for life imprisonment and a fine for the most severe forms of extortion, i.e. if the
injured party dies. Life imprisonment can somewhat be equalized with the most severe penal-
ty in the legislation of the Republic of Serbia, which entails imprisonment of 40 years for the
most serious crimes, which do not cover even the most serious form of extortion that can be
punishable by imprisonment for a maximum of 20 years. It is not justified to introduce life
imprisonment into our legislature since there is no mitigation on the one hand, and on the
other hand, the perpetrators are given the opportunity to subsequently commit more crimes
in prison, during the execution of the sentence, bearing in mind that they could not be given
a stricter sentence, and this is the reason why it would not be adequate for this crime.
Bearing in mind the above mentioned solutions, there is an impression of two things.
Firstly, as qualifying circumstance, the legislation of both Italy and France cites a certain state,
affiliation or status of the victim, citing as qualifying circumstances of the case the role of
victims who are persons older than 65, the fact that the offense was committed against a
person who is involved in the act of using the services banks, the post office or ATMs used to
withdraw money, then the victims’ belonging or not belonging to a particular ethnic group,
nation, race, creed, or sexual orientation, and the case that the act is aimed at a person who
is particularly vulnerable, taking into account their age, illness, weakness, physical or mental
disability or state of pregnancy, which was obvious or known to the perpetrator, and that the
act was carried out in schools and educations institutions, students’ entrance or exit points or
similar access points around such institutions, etc., while our legislation prescribes qualifying
circumstances in relation to the amount of the acquired material gain, as well as cases of ex-
tortion committed by a group, organized group or in continuity, indicating that nearly all the
qualified forms are related to the perpetrators and the circumstances of their actions, while
the qualifying circumstances related to the victim are almost not prescribed. In this regard,
some qualified forms should be adopted in the criminalization of extortion in our legislation.
Secondly, in punishing extortion, both legislations prescribe both a prison sentence and fine
as cumulatively prescribed. However, the Criminal Code of Italy prescribes more realistic
punishment, while the legislation of France prescribes enormously high punishments both in
terms of a single prison sentence, or its duration, and in terms of high fines.
When it comes to effectively combating this serious crime, in its criminalization within
the criminal legislation, the Republic of Serbia should incorporate a model that would be
similar to the punishment model of the Italian legislation, and if it a part of the punishment
from the French legislation is adopted, then some middle ground between these two models
of punishment should be found, which would be reduced to the definition of mandatory cu-
mulative prison sentences and fines. In addition, our legislation should adopt some qualified
forms related to the status of the injured party, which is present in the two legislations, keep-
ing in mind that they are indeed more difficult circumstances, especially if the injured parties
are minors, the elderly, pregnant women and others. In domestic legislation, these cases are
regulated through aggravating circumstances that the court would take into account when
sentencing the defendant, but some possible adoption of the qualifying circumstances from
these Criminal Codes should definitely be considered.
CONCLUSION
By analyzing comparative legislation solutions, something needs to be adopted from all
of them in order to improve the criminal legal form of extortion and conceptual elements in
terms of improving the legal nomenclature of this serious crime. In this paper, three European
legislations served as models of good legislation for extortion, such as the Criminal Codes of
Austria, Italy and France. Their solutions are specific and should not be adopted entirely in
terms of the full standards and definitions of extortion from their criminal legal norms, but
simply in terms of what would be adequate for our legislation and modify it, bearing in mind
that the legal text of our Criminal Code is by no means bad.
In this respect, when it comes to the crime of extortion, the qualifying circumstance relat-
ing to suicide, or suicide of the victim due to the committed extortion against the mentioned
should be adopted from the legislation of Austria. With adequate legal norms and a more
precise solution that would not present difficulties in proving the suicide of extortion victims,
as a qualified form of the act, this solution would be fully justified and adequate, bearing in
mind that, in practice, there are often cases of suicide victims, as well as the circumstance that
the crime of extortion carries in itself, and this entails a certain psychological disposition, in
addition to its framework concerning securing property and using violence.
In addition to these legal nomenclatures, the modification of the offense of extortion
should constitute a different form of punishment, and this is where the legislation models
of Italy and France, analyzed in this paper, would be able to help us. On the one hand, their
extremes in terms of very severe punishments would not serve an adequate purpose that the
penalty should achieve. On the other hand, the perpetrator is not provided with the possibili-
ty of rehabilitation. Therefore, in terms of prison sentences, the solution of the national legis-
lation should be kept, but in order to realize a fuller punishment, a fine should be introduced,
prescribed cumulatively alongside imprisonment. The fine would act on the awareness of the
perpetrator, bearing in mind that their objective for committing the crime is to obtain illegal
material gain, and if this acquired benefit was revoked, the purpose of punishment would
not be achieved, but the reaction to this serious crime should consist in the current prison
sentence and a fine, which would be assisted by the mentioned models of punishment for
extortion, while adapting to the norms of our legislation. In addition to limiting freedom of
movement, a fine would also have the purpose of hitting the defendant where his intentions
lie for committing this crime, i.e. getting rich or increasing property in an illegal manner. In
addition to the fine, some qualified forms of extortion, which would improve our legal norms
that govern this offense, should also be adopted from the legislation of Italy and France.
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Bundesgesetz vom 23. Jänner 1974, Änderung 154/15, Criminal Code of the Republic
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tupak. Beograd, 2015.
FEMALE GENITAL MUTILATION IN THE NEW
CRIMINAL CODE OF THE REPUBLIC OF SERBIA -
THE IMPACT OF THE ACCEPTED DECREE
ON IMPLEMENTATION
Jelena Rakić, MSc1
International University of Novi Pazar, Faculty of Law
Abstract: According to the Law on Amendments and Modifications to the Criminal

Code, coming into force on the 1st of July 2017, criminal legislation of Serbia,
among other things, includes the protection of women from all forms of violence.
This obligation derives from the Council of Europe Convention on Preventing and
Combating Violence against Women and Domestic Violence, the so-called Istanbul
Convention, which was ratified by the Republic of Serbia in 2013. In order to adjust
to Istanbul Convention, the legislators have included new criminal acts: mutilation of
female genitals, stalking, sexual harassment and completion of forced marriage.
The attention of the author was specifically drawn to the newly inserted criminal
act of female genital mutilation, which is not only a novelty in legislation, but also a
completely new term in scientific, vocational and social circles. Considering the fact
that the subject is widely spread in international circles, and that in Serbia almost
nothing is known about it, there is a need to make the public acquainted with the basic
characteristics of female genital mutilation, which will contribute to the understanding
of necessity to incriminate this behaviour and to the understanding of the problem. In
addition to this, the author will point out the criminal law provisions of certain states
in this area with the ultimate purpose of stressing the lack of formulation accepted
in the Republic of Serbia and suggest the possible solutions which will be of great
importance in practice when solving and proving this criminal act.
Keywords: female genital mutilation, violence against women, violence against girls,
criminal code
INTRODUCTION: WHAT WE SHOULD KNOW ABOUT

FEMALE GENITAL MUTILATION
Before we start dealing with the main subject of this work, i.e. female genital mutilation in
the national criminal law, it is necessary to provide answers to questions related to the main
characteristics of this phenomenon. The answer to the question what is meant by female gen-
ital mutilation (FGM) will contribute to the better understanding of this inhuman practice,
while knowledge about its incidence contributes to the understanding of the necessity for its
incrimination in the Republic of Serbia. More attention will be paid to the frequency of FGM
in Europe, considering the fact that Serbia belongs to Europe not only geographically, but it is
also on its way of European integration.
1 [email protected]
206 Jelena Rakić
Female genital mutilation comprises all procedures involving partial or total removal of
the external female genitalia or the injury to the female genital organs whether for cultural or
other non-therapeutic reasons.2 Different forms of genital mutilation, taking into consider-
ation the intensity of the procedure as well as the part of the genitals to which it is applied, are
divided into following groups:
-- The first and the most innocent form is clitoridectomy - partial or total removal of the
clitoris and/or the perpuce;
-- The second is known as the excision - partial or total removal of the clitoris and labia
minora, with or without excision of the labia maiora;
-- The third one and also the most extreme is infibulation - narrowing of the vaginal orifice
with creation of a covering seal by cutting and appositioning the labia minora and/or the labia
maiora with or without excision of the clitoris;
-- The fourth one involves all other harmful procedures to the female genitals for non-
medical purposes, such as pricking, piercing, incising, scraping.3
The most commonly applied form of FGM is partial or total removal of the clitoris and
labia minora, which covers about 80% of FGM, while the brutal act of infibulation covers
around 15% of all cases of FGM.4 Although females can be subdued to FGM at any stage of
their lives, it is most commonly done from their birth until the age of 155, which means that
mostly girls are the victims of this inhuman practice.
FGM is mostly performed by traditional practitioners who were not previously educated
in the area of medicine, and who use instruments such as knives, scissors, razors or glass 6
for the performance of this ‘operation’ , instead of real surgical instruments. Insanitary en-
vironment, the absence of anaesthesia, the age and the form of FGM to which a female is
subdued are the factors which influence the severity of consequences. The cosequences may
be short-term, which are manifested right after the performed FGM, and long-term. The most
common short-term consequences include pain, shock, bleeding, infection and incontinence.
Urinal and menstrual problems, infections, cysts, labor complications and infertility are some
of the long-term consequences of FGM.7 Any of these consequences can lead to death, so ac-
cording to the estimates around 10% of all victims of FGM die from short-term consequences
such as bleeding, shock and infection, while 25 % die from long-term ones such as urinal and
vaginal infections and labor complications like severe bleeding and dystocia.8
Practice of genital mutilation, although it has no medical advantages, but numerous con-
sequences which can lead to death, is a part of the tradition of communities which have ac-
2 World Health Organization (1997). Female genital mutilation: A Joint WHO/UNICEF/UNFPA

Statement. Geneva: World Health Organization, p. 3.
3 World Health Organization (2008). Eliminating female genital mutilation: An interagency statement
OHCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCR, UNICEF, UNIFEM, WHO. Geneva:
World Health Organization, p. 4.
4 World Health Organization (1997), op. cit., p. 5
5 World Health Organization (2008). op.cit., p. 4.
6 Bogale, D., Markos, D., Kaso, M. (2014). Prevalence of female genital mutilation and its effect on
woman’s health in Bale Zone, Ethiopia: a cross-sectional study. BMC Public Health. 14. Available at:
http://bmcpublichealth.biomedcentral.com/articles/10.1186/1471-2458-14-1076, ( 28.01.2017.)
7 See: Bogale, D., Markos, D., Kaso, M., op. cit.; Dirie, A.M., Landmark, G. (1992). The risk of medical
complications after female circumcision. East African Medical Journal. 69. pp. 479-482. Available at:
http://www.cirp.org/pages/female/dirie1/, (10.2.2017.); Toubia, N. (1994). Female circumcision as a
public health issue. The New England Journal of Medicine. 331. pp. 713-716. Available at: http://www.
nejm.org/doi/pdf/10.1056/NEJM1994091533111, (10.2.2017.); Verzin, A.J. (1975). Sequale of female
circumcision. Tropical Doctor. 5. pp. 163-169. Available at: http://journals.sagepub.com/doi/pdf/10.11
77/004947557500500409,( 3.2.2017.)
8 Momoh, C. (2005). Female Genital Mutilation In: C. Momoh (Ed.) Female Genital Mutilation. Oxford:
Radcliffe Publishing. pp. 5-12.
207
FEMALE GENITAL MUTILATION IN THE NEW CRIMINAL CODE OF THE REPUBLIC OF...
cepted it. In these communities, it is believed that FGM is recommended by religion because
it provides spiritual enlightenment. In addition to this, FGM is understood as the act of initi-
ation into the world of adults and a guarantee that females will not be stigmatized. One of the
most common excuses for the subdual to FGM are marriage, preservation of innocence till
marriage, family honor, as well as the belief that a husband will have more pleasure in sexual
interaction if his wife is mutilated. 9
According to the estimates, there are at least 200 million girls and women in the world
who were subdued to the genital mutilation10, while there are 3 million females per year who
are at risk of being victimized. 11
Of all the females who were subdued to FGM, the majority live in Africa, according to the
findings of the researches conducted on the representative national sample. FGM is almost
universally practiced in Somalia, where 98% of girls and women are subdued to this prac-
tice12, while in Guinea the rate is 96.9%.13 An extremely high rate is noted in Djibouti 93.1%14,
while in Mali 91.4% of girls and women are subdued to FGM. 15 The rates of over 80% are
perceived in Sudan (89.9%)16, Sierra Leone (89.6%)17, Eritrea (88.7%)18 and Egypt (87.2%)19.
More than 70% of girls and women are subdued to FGM in Burkina Faso (75.8%)20, Gambia
(74.9%)21, Ethiopia (74.3%)22 and Mauritania (71.3%)23. The rates from 30% to 60% have been
observed in Liberia (58.2%), Central African Republic (43.4%)24, Chad (38.4%)25, Cote d’Ivo-
9 Bogale, D., Markos, D., Kaso, M., op. cit.
10 United Nations Children’s Fund (2016). Female Genital Mutilation/Cutting: A Global Concern. New
York: UNICEF. p. 1. Available at: http://www.unicef.org/media/files/FGMC_2016_brochure_final_
UNICEF_SPREAD.pdf, (20.2.2017.)
11 World Health Organization (2008). op. cit., p. 1.
12 Northeast Zone Multiple Indicator Cluster Survey 2011 Final Report (2014). Nairobi: UNICEF, Somalia,
Ministry of Planning, International Cooperation, p. 104. Available at: https://mics-surveys-prod.
s3.amazonaws.com/MICS4/Eastern%20and%20Southern%20Africa/Somalia%20%28Northeast%20
Zone%29/2011/Final/Somalia%20%28Northeast%20Zone%29%202011%20MICS_English.pdf,
(9.1.2017)
13 Institut National de la Statistique et al. (2013). Guinée Enquête Démographique et de Santé et à
Indicateurs Multiples (EDS-MICS) 2012. Rockville: ICF International. p. 329. Available at: http://www.
dhsprogram.com/pubs/pdf/FR280/FR280.pdf, (10.1.2017.)
14 Enquéte Djiobutienne à Indicateurs Multiples Rapport Final (2007). Ministère de la Santé, p. 94.
Available at: https://mics-surveys-prod.s3.amazonaws.com/MICS3/Middle%20East%20and%20
North%20Africa/Djibouti/2006/Final/Djibouti%202006%20MICS_French.pdf, (13.1. 2017).
15 Cellule de Planification et de Statistique (CPS/SSDSPF) et al. (2014). Enquête Démographique et de
Santé au Mali 2012-2013. Rockville: CPS, INSTAT, INFO-STAT, ICF International, p. 296. Available at:
http://www.dhsprogram.com/pubs/pdf/FR286/FR286.pdf, (12.1.2017).
16 Yolder, P.S., Wang, S. (2013). Female genital cutting: The Interpretation of Recent DHS Data: DHS
Comparative Reports No. 33. Calverton: ICF International, p.17. Available at: https://dhsprogram.com/
pubs/pdf/CR33/CR33.pdf, (13.1. 2017).
17 Statistics Sierra Leone (SSL), ICF International. (2014). Sierra Leone Demographic and Health Survey
2013. Freetown, Rockville: SSL, ICF International, p. 300. Available at: http://www.dhsprogram.com/
pubs/pdf/FR297/FR297.pdf, (12.1.2017.)
18 Yolder, P.S., Wang, S., op.cit., p.17.
19 The Ministry of Health and Population [Egypt], El-Zanaty and Associates [Egypt], ICF International.
(2015). Egypt Health Issues Survey 2015. Cairo, Rockville: Ministry of Health, Population and
ICF International, p. 104. Available at: http://www.dhsprogram.com/pubs/pdf/FR313/FR313.pdf,
(11.1.2017.)
20 Yolder, P.S., Wang, S., op. cit., p. 17.
21 The Gambia Bureau of Statistics (GBOS), ICF International. (2014). The Gambia Demographic and
Health Survey 2013. Rockville: GBOS, ICF International. p. 222. Available at: http://www.dhsprogram.
com/pubs/pdf/FR289/FR289.pdf, (12.1.2017.)
23 Ibid.
24 Ibid.
25 Institut National de la Statistique des Études Économiqes et Démographique (INSEED), Ministère
208 Jelena Rakić
ire (38.2%)26. The rate over 20% is characteristic for Niger (24.8%)27, Senegal (24.2%)28, Kenya
(21%)29, Benin (12.9%)30 and Tanzania (10%)31. The lowest number of victims of FGM, which
does not exceed 6% was noticed in Ghana (5.4%)32, Togo (4.7%)33, Niger (2.2%), Cameroon
and Uganda (1.4%)34.
Migrations of African population conditioned the preservation of this tradition also in
other parts of the world, in Asia, The USA, Australia and Europe.35 According to the estimates
of The European Parliament there are 500,000 females on the territory of the Europan Union
who were subdued to FGM, and 180,000 girls and women are at risk of being victimized per
year.36 According to the estimates from 2011, there were 103,000 females who were victims of
FGM in England and Wales, while 10,000 girls up to the age of 14 are at risk .37 According to
the 2011 records, there are 6,260 women in Belgium who were subdued to FGM, while 1,975
girls are at risk.38 In France there are between 42,000 and 61,000 who took part in this ritual
from the 2004’ records 39, while in Netherlands number of victims is 29,120 according to the
data from 201240. Based on the records from 2011, there are 5,835 girls in Portugal who were
born in countries where genital mutilation of females is accepted or their mothers were born
de la Santé Publique (MSP), and ICF International. (2016). Enquête Démographique et de la Santé et
àIndicateurs Multiples and Tchad (EDS-MICS) 2014-2015. Rockville: INSEED, MSP, ICF International,
p. 336. Available at: http://www.dhsprogram.com/pubs/pdf/FR317/FR317.pdf, (5.1.2017.)
27 National Population Commission (NPC), ICF International. (2014). Nigeria Demographic and Health
Survey 2013. Abuja, Rockville: NPC, ICF International, p. 350. Available at: http://www.dhsprogram.
28 Agence Nationale de la Statistique et de la Démographie (ANSD), ICF International. (2015). Sénégal
: Enquête Démographique et de Santé Continue (EDS-Continue 2012-14), Rapport Régional. Rockville:
ANSD, ICF International, p. 238. Available at: http://www.dhsprogram.com/pubs/pdf/FR315/FR315.
pdf, (11.1.2017.)
29 Kenya National Bureau of Statistics et al. (2015). Kenya Demographic and Health Survey 2014.
Rockville: ICF International, p. 333. Available at: http://www.dhsprogram.com/pubs/pdf/FR317/FR317.
pdf, (6.1.2017.)
31 The Ministry of Health, Community Development, Gender, Elderly and Children (MoHCDGEC) et
al. (2016). Tanzania Demographic and Health Survey and Malaria Indicator Survey (TDHS-MIS) 2015-
16. Dar es Salaam, Rockville: MoHCDGEC, MoH, NBS, OCGS, ICF. p. 363. Available at: http://www.
dhsprogram.com/pubs/pdf/FR321/FR321.pdf, (13.1.2017.)
33 Ministère de la Planification, du Développement et de l’Aménagement du Territoire (MPDAT),
Ministère de la,Santé (MS), ICF International. (2015). Enquête Démographique et de Santé au Togo
2013-2014. Rockville: MPDAT, MS, ICF International, p. 274. Available at: http://www.dhsprogram.
35 United Nations Childrenʼs Fund., op. cit., p. 2.
36 European Parliament resolution on Combating female genital mutilation in the EU (2008/2071(INI)).
Available at: http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P6-TA-2009-
0161+0+DOC+XML+V0//EN. (21.2.2017)
37 Mackfarlane, A.J., Dorkenoo, E. (2014). Female Genital Mutilation in England and Wales: Updated
statstical estimates of the numbers of affected woman living in England and Wales and girls at risk Interim
report on provisional estimates. London: City University. p. 14-15. Available at: http://openaccess.city.
ac.uk/3865/1/Female%20Genital%20Mutilation%20in%20England%20and%20Wales.pdf, pristupljeno
(26.2.2017.)
38 Dubourg, D., et al. (2011). Estimating the number of woman with female genital mutilation in
Belgium. The European Journal of Contraception and Reproductive Health Care. 16. p. 248.
39 Andro, A., Lesclingand, M. (2007). Female genital mutilation: The situation in Africa and France.
Population and Societes. 438. p. 4. Available at: http://www.academia.edu/628745/Female_genital_
mutilation_the_situation_in_Africa_and_in_France, (29.1.2017.)
40 Exterkate, M. (2013). Female genital mutilation in the Netherlands Prevalence, incidence and
determinants. Utrecht: Pharos. p. 38 Available at: http://www.awepa.org/wp-content/uploads/2013/05/
Female-Genital-Mutilation-in-the-Netherlands.pdf, (15.2.2017.)
209
in these countries, and 296 to 1,365 of them are at risk of being subdued to this act. There are
59,409 girls below 18 living in Sweden and out of them between 2,016 and 11,145 are at risk
of FGM according to the data from 2011.41 The girls have not yet been subdued to FGM but
it is justifiably supposed that they could be victimized considering the fact that there is no
certainty that migrant population will give up its tradition, therefore the girls are being sent
to their native countries to be subdued to this act.42
FGM IN CRIMINAL CODES OF EUROPE

Countries of the European Union are infrequently the final destination of migrants from
Africa, so that the problem of FGM becomes the problem that most of the countries of this
continent face. Since FGM is an inhuman custom which derogates the civil rights of girls and
women, the EU has issued several resolutions aiming to contribute to suppression of this kind
of violence against women on its territory, as well as at international level. These include the
Resolution 1247 (2001) on female genital mutilation, Resolution on female genital mutilation
(2001/2035(INI)) and Resolution on combating female genital mutilation in the EU which
appeal to the member countries to provide the criminal code which would be effective in the
prevention and repression of FGM practice.
The EU countries, as well as those which are on their way of European integration, apply
different criminal law related to modalities of dealing with FGM. Some European countries
treat FGM in their criminal codes as a specific criminal act. In Germany, those who mutilate
external parts of female genitals are sentenced to one year of imprisonment minimum (art.
226a, para. 1)43 and similar applies to Switzerland (art. 124, para. 1)44, Belgium (art. 409, para.
1)45 and Croatia (art. 116, para.1)46. A wider definition of genital mutilation is provided in
the criminal code of Italy, in which it is clearly stated that genital mutilation involves excision,
clitoridectomy, and infibulation as well as all other procedures which produce similar effects
(art. 583bis, para. 1)47. The notion of FGM is similarly presented in criminal codes of Portu-
gal (art. 144A, para 1)48, Denmark (art. 245a, para. 1)49 and Malta (art. 251E, para. 1 and 5)50.
France, Austria and Spain have pretty vague solutions. Namely, in France it is canonic that
41 Estimation of girls at risk of female genital mutilation in the European Union (2015). Vilnius: European
Institute for Gender Equality. p. 66, 76. Available at: http://eige.europa.eu/sites/default/files/documents/
MH0215093ENN_Web.pdf, ( 4.2.2017.)
42 Pyati, A., et al. (2013). Female Genital Mutilation in the United States-Protecting Girls and Woman
in the U.S. from FGM and Vaccation Cutting. New York: Snctuary for Families. p. 8 Available at: http://
www.sanctuaryforfamilies.org/wp-content/uploads/sites/18/2015/07/FGM-Report-March-2013.pdf,
(20.2.2017)
43 Criminal Code of the Federal Republic of Germany , available at: http://www.buzer.de/gesetz/6165/,
(13.2.2017)
44 Criminal Code of the Swiss Confederation, available at: https://www.admin.ch/opc/en/classified-co
mpilation/19370083/201701010000/311.0.pdf, (20.2.2017)
45 Criminal Code of the Kingdom of Belgium, available at: https://issuu.com/ethics360/docs/penal_
code__belgium_, (20.2.2017)
46 Kazneni zakon Republike Hrvatske (Criminal Code of the Republic of Croatia), Narodne Novine, br.
125/11, 144/12, 56/15, 61/15
47 Criminal Code of the Republic of Italy, available at: http://www.altalex.com/documents/codici-
altalex/2014/10/30/codice-penale, (13.2.2017)
48 Criminal Code of Portugal, available at: http://www.pgdlisboa.pt/leis/lei_mostra_articulado.
php?ficha=101&artigo_id=&nid=109&pagina=2&tabela=leis&nversao=&so_miolo=, (20.2.2017)
49 Criminal Code of Denmark, available at: https://www.unodc.org/tldb/pdf/Denmark_Criminal_
Code_2005.pdf, (18.2.2017)
50 Criminal Code of the Republic of Malta, available at: http://justiceservices.gov.mt/
DownloadDocument.aspx?app=lp&itemid=25906&l=1, (20.2.2017)
210 Jelena Rakić
every violence which results in mutilation and permanent disability is a punishable act (art.
222-9)51, while in Spain “genital or any other form of mutilation is a punishable act (...)” (art.
149, para.2)52. In Austria,the consent of the victim, when it comes to bodily injuries, is irrel-
evant in cases of mutilation or injuring genitals (art. 90., para 3). Therefore, these countries
have accepted gender-neutral solutions considering the fact that the object of victimization
are not exclusively female genitals. Other countries issue specific acts related to FGM, as is the
case with Sweden (Act on prohibiting the Genital Mutilation of Woman, 1982:316), Norway
(Act No. 74. 15 December 1995 relating to the prohibition of female genital mutilation) and
the United Kingdom (Fermale Genital Mutilation Act 2003). Prosecution for FGM can be
based on the already existing incriminations which protect carnal integrity within the scope
of bodily injuries, and some countries like Slovenia, Chech Republic, Slovakia, Hungary and
other, have accepted this solution.
Due to the fact that the girls are being taken away to the countries of their origin for the
purpose of performing FGM and the avoidance of criminal responsibility, there was a need
for the processing of the act even in those cases when it is not punishable in the country in
which it was performed. The principle of double incrimination has been removed from leg-
islation of the countries which have proclaimed FGM as a specific criminal act, like Sweden,
Switzerland, Denmark, the United Kingdom, Germany, Italy, Malta and Norway, as well as
France and Austria which have specific statutes for mutilation. Besides, the consent of the
victim is irrelevant in cases of this criminal act in the listed countries, but it excludes its abso-
lute character in Spain, i.e. if FGM was performed on an adult, it does not exclude criminal
responsibility, but is a ground for milder sentence.
FGM IN THE CRIMINAL CODE

OF REPUBLIC OF SERBIA
Even though there are still no reported cases of FGM in Serbia, obligation to incriminate
this form of violence was brought about by ratification of Istanbul Convention. The ratifica-
tion not only requires canonization of FGM as a specific criminal act, but also the obligation
of punishing certain modes of behavior such as abetting and aiding, as well as punishing the
attempt of performing this criminal act (art.41), and creation of legal means which would
make punishment possible even in cases when FGM is not punishable in the country of its
performance and that the processing in the Court of Law is not conditioned by the victim’s
report (art.44). Beside that, it is necessary to consider it as an aggravating circumstance in
cases when a child is a victim of FGM (art.46., point d).
According to the Law on Amendments and Modifications to the Criminal Code53 female
genital mutilation is a specific criminal act in the part which protects life, physical and carnal
integrity. Article 121a is named “Mutilation of female genitals”, and prescribes the sentence of
1 to 8 years of imprisonment for a person who mutilates external parts of female genitals. The
legislator stipulates a milder punishment in cases of extenuating circumstances, for which the
sentence is from 3 months to 3 years of imprisonment. It is explicitly stipulated that anyone
leading the victim into performance of the act or aiding in its performance will be sentenced
51 Criminal Code of the French Republic, available at: http://codes.droit.org/CodV3/penal.pdf,

(1.3.2017)
52 Criminal Code of the Kingdom of Spain, available at: http://www.legislationline.org/documents/
section/criminal-codes, (3.3.2017)
53 Article 8, “Sl. glasnik RS“, br. 94/2016
211
to 3 months’ to 3 years’ imprisonment. More severe forms of this act which result in the vic-
tim’s death, will entail the sentence of 2 to 12 years of imprisonment.
THE COMMENT ON LEGAL

SOLUTIONS REGARDING FGM
The legislator uses the phrase “the one who mutilates the external parts of female gen-
itals”54. Mutilation is infliction of injuries whose consequences are permanent change on
someone’s body at the level of diminished functionality or putting into a state of disfunction-
ality, i.e. permanent destruction, which is mostly achieved by the acts of cutting and tearing
. The essence of performing this act is in the action, which is suitable for genital mutilation.
In cases of FGM, these actions are performed on external parts of female genitals, which
may result in partial or complete cutting of clitoris, labia minora and labia maiora while the
most extreme forms of this act involve sewing of the remaining skin after cutting some or all
parts of the external genitals, which undoubtedly causes bodily injuries. Therefore, the term
‘mutilation’ is congruent with all the modalities of consequences associated with the criminal
act of aggravated assault, or causing severe endangerment of one’s health, putting life of the
victim in danger, or destroying or severely damaging an important part of one’s body or an
organ55,taking into consideration that this description matches the essence of mutilation. On
the other hand, certain forms of FGM, such as excision, i.e. partial or complete removal of the
perpuce which is an equivalent to circumcision, but which is very rarely practised, may result
in substantially minor consequences. In these cases we cannot talk about mutilation in its
right form, due to the fact that these actions do not count as mutilation either in terminology
or in anatomy. Therefore, it is questionable whether the statute applies to these forms. The
answer to this question may be sought in the imposition of a more lenient punishment when
FGM is performed in extenuating circumstances.56 The Criminal Code of the Republic of
Serbia includes the intensity of the threat or the inflicted injuries, the degree of guilt, previous
life of the performer, the circumstances in which the act was performed, personal circum-
stances (article 54., para. 1.) as some of the circumstances which can be treated as extenuating
or aggravating dependending on a particular case. Extenuating circumstances are related to
the criminal act and the perpetrator and as such represent legally relevant facts which are
determined in the criminal proceedings. In order for an extenuating circumstance to exist,
it is necesarry that at least two conditions are fulfilled: the first one is that there are two or
more extenuating circumstances, and the other is that the Court decides to impose a milder
punishment on the perpetrator to satisfy the purpose of sentencing.57 All the above stated
indicates that in every particular case the extenuating circumstances are being defined, but
the punishment depends on the Court estimate (art. 56., para. 3). Alleviation of the punish-
ment is optional for pronouncing sentences milder than the legally prescribed minimum i.e.
a fine instead of imprisonment (art. 56., para. 1). This ground is mostly applied in the Court
practice, even though it has no mandatory character. 58 Therefore, it is considered that there
is no need to explicitly regulate it. If the intention of the legislator was to lay down regulations
54 Ibid., para. 1.
55 Krivični zakonik Republike Srbije (Criminal Code of the Republic of Serbia), “Sl. glasnik RS“, br.
85/05, 88/05, 107/05, 72/2009, 111/2009, 121/2012, 104/2013, 108/2014, art. 121, para. 2
56 Zakon o izmenama i dopunama Krivičnog zakonika Republike Srbije (Law on Amendments and
Modifications to the Criminal Code) op. cit., para. 2.
57 Jović, M. (2011). Krivično pravo-opšti deo (Criminal law-general part). Novi Pazar. Univerzitet u
Novom Pazaru. p. 405.
58 Nikolić, D. (2004). Odmeravanje kazne (Determination of sentence) U: Slijepčević, D. (Ur.) Bilten
sudske prakse 3. Beograd: “Sl. glasnik“, p. 90
212 Jelena Rakić
for milder sentencing in cases where FGM results in minor consequences which cannot be
referred to as mutilation in the way stated by the law, they should be indicated in a way which
clearly points that there was an endangerment of health of an intensity lower than the one in
the original form of the criminal act. The legal solutions in Germany, where formulation “less
serious cases” is used when imposing milder sentences (art. 226a, para. 2), or in Italy, where
the legislator prescribed milder sentences in cases of hurting female genitals or diminishing
sexual function (art. 583bis, para. 2) could be used as directives.
When defining a possible perpetrator of this criminal act, the term “whoever“ is used,
which suggest that anyone who commits an action considered to be a criminal act, will be
punished. It seems that, upon defining this criminal act, certain operations performed on fe-
male genitals which may result in mutilation, but are done with the purpose of preventing or
curing a disease, were not taken into account. Hypothetically, a surgeon may be performing
a tumor operation on clitoris. During the procedure, not only the tumor, but the whole of
clitoris is removed in order to preserve health of a woman. In this case, the surgeon has per-
manently destroyed a body part, which has legal consequences and also includes a sentence
for a committed act. For the purpose of clarifying this form, legal solutions of some European
countries may be used as a directive in the creation of the criminal code. The criminal codes
of Portugal (article 144A, para. 1), Malta (article 251E, para. 1) and Italy (article 583bis, para.
1) use the term “non-medical reasons” as a clause in narrowing incriminations to cases which
cannot be considered as performed for medical purpose. In addition to the listed countries,
the criminal code of the United Kingdom in cases of FGM, punishment for licenced medical
workers is excluded in cases where operation is necessary for preservation of physical and
mental health or is connected with delivery (art. 2), while in Norway the reasons for the
exclusion of punishment are medical, such as sickness or delivery, but also operations of sex
change and correction of innate deformities.
One of the possible solutions related to the above mentioned inaccuracies of the current
para.1 is to state that “whoever partially or totally, for non-medical reasons mutilates or harms
in any other way, the clitoris, labia minora or labia maiora (...)“. Besides, there is also a need
for sanctioning the perpetrators who have caused a lower degree of damage to health or body.
A possible solution , connected with the current para. 2, might be “if during an act from the
para.1, a less serious bodily injury has been inflicted, or less serious damage to health (...)“.
An additional problem concerns the absence of a stricter punishment in cases where a
minor59 is a victim of FGM. Considering the fact that girls under the age of 18 are subdued
to FGM, we find that the remark is justified. With this kind of regulation, a legislator has
privileged a perpetrator who commits a criminal act over a minor, by sentencing him more
leniently for both the basic form of FGM and the one with death outcome, in comparison to
criminal acts of aggravated assault. The Criminal Code is inconsistent: if harder punishment
is conditioned by the age of the victim for the criminal act of aggravated assault (art. 121.,
para. 6), or other criminal acts from the part which protects life and body, such as murder
(art. 114., para. 9), leading into and aiding in suicide (art. 119., para. 3), illegal termination of
pregnancy (art. 120., para. 3) and putting in jeopardy (art. 125., para. 3), then the same should
be done in cases of criminal act of FGM. Besides, this regulation is not a positive answer of
the legal system to the Istanbul Convention’s obligation regarding aggravating circumstances
when a child is the victim of FGM. Therefore, the proposal is to modify Article 121a with a
provision dealing only with cases of criminal acts over minors.
As it could be seen in the previous parts of the work, the states which have explicitly in-
criminated FGM find that the victim’s consent is irrelevant, which means that even with the
59 According to the Criminal Code of the Republic of Serbia, a minor is a person under the age of 18,
(article 112., para. 10).
213
existence of the same, the perpetrator will be prosecuted. Our legislator has not given any spe-
cific reply to this question. Nevertheless, if we take into account that legislator appoints pros-
ecution ex officio for this criminal act, it can be concluded that the victim’s consent cannot be
considered relevant. Beside that, the legal description of FGM indicates it as lex specialis in
comparison with aggravated assault, therefore the admittance of consent would be contradic-
tory to human protection and against all social values (art. 3), due to the fact that the right to
bodily integrity is one of the most important ones, and it has priority in the criminal code of
Serbia, since it is in the first and special part of the criminal code. Furthermore, the consent of
a victim, when it comes to FGM, cannot be taken seriously, since it is mostly immature girls
, who cannot understand the nature and the importance of accesion to this kind of act, who
are subdued to this practice. On the other hand, if the victim is an adult, who understands
the nature of this act and importance of the consent to it, it cannot be said for sure whether
her real and spoken will are conflicting. Namely, FGM is part of a tradition, and a woman’s
position in a society depends on the subdual to this custom, so there is always a dilemma
whether the consent of a woman comes as a result of social pressure or her real wish grounded
on the reasons which could possibly justify this act. Due to the fact that this criminal act is a
novelty in the criminal code, the consent should be precisely excluded as it was done with the
criminal act of illegal termination of pregnancy (art. 120, para. 1).
Leading a female person into subdual to FGM or aiding it in the act is made a punishable
act as an answer to the obligation to Istanbul Convention, but it emanates from the accesso-
ry principle. Namely, a female person is not criminally responsible if she mutilates herself,
therefore, according to the accessory principle, a person leading her into it or aiding her in it
is also not responsible for the act. Considering the jurisdiction, Serbia has made a provision,
which will cease being valid after the adjustment of legislation with Istanbul Convention. The
provision was justified by the existence of a person having “habitual residence” (art. 44, point
e), considering the fact that this term does not exist in our legislation. The mentioned term
has most likely influenced on making the provision related to the legal processing which is not
conditioned by the victim’s report or receiving information from the country in which the act
was committed. Considering the removal of the principle of double incrimination, an article
which allows prosecution could be accepted, even when the act is not punishable by the crim-
inal code of the country in which it was committed, but on condition that there is an approval
of the state prosecutor or that it is confirmed by an international contract (art. 10., para. 2).
Summarizing the response of the legislator to the obligations which emanate from the
Istanbul Convention, it seems that the reponse to most of the obligations was positive. Never-
theless, by analyzing the legal description of the criminal act, it is clear that it requires certain
changes.
Taking into account all the contradictory legal provisions, the legal description of FGM
could be:
1. One who partially or totally, with or without consent, for non-medical reasons,
mutilates or in any other way causes damage to the clitoris, labia minora or labia maiora, will
be sentenced to a period of one to eight years of imprisonment,
2. If during the act from paragraph 1 of this article, a less serious bodily injure or less
serious endangerment of health has been done, the perpetrator will be sentenced to a period
of three months to three years of imprisonment,
3. One who leads a female into subdual to the act from paragraph 1 of this article, or aid
her in it, will be sentenced to a period of six months to five years of imprisonment,
4. If the act from paragraph 1 and paragraph 2 ersults in a death, the perpetrator will be
sentenced to a period of two to twelve years of imprisonment,
214 Jelena Rakić
5. If the act from paragraph 1 of this article is committed against a minor, the perpetrator
will be sentenced to a period of two to twelve years of imprisonment, for the act from paragraph
2 the perpetrator shall be sentenced to a period of one to eight years of imprisonment, and for
the act from paragraph 3 the sentence will be two to ten years of imprisonment. For the act
from paragraph 4 the sentence will be five to fifteen years of imprisonment.
CONCLUSION
FGM comprises different forms of changing the natural shape of female genitals , even
though there are no medical reasons for it, but only the traditional ones. Even though FGM
originated from and is most commonly practiced in Africa, this inhumane custom is charac-
terized by trans-nationality, considering the fact that migrants from the countries where FGM
is practised are to be found all over the world. Due to the frequency of migrations, the area
of Europe has hosted a great number of people who come from the countries where FGM is
practised to some extent. Since FGM practice is characterized as a violation of human rights
of girls and women in Europe, above all in the EU, this kind of behaviour has been criminal-
ized. Ratio legis of FGM is in the protection of women from all forms of violence with the
ultimate goal of abandonment of this practice.
Seeing FGM as a specific criminal act in the criminal code of Serbia is a result of the
obligation which emanates from the Istanbul Convention. Most of obligations coming from
the Istanbul Convention were positively replied to by adopted legal provisions. All forms of
FGM have been encompassed by the legal formulation, yet it has not been done clearly but by
generalizing which is not correspondent with the newly introduced term. It is of a great im-
portance to define more specifically what is considered to be mutilation in the context of this
criminal act. More precise approach to the notion of FGM would not exclude any form, since
the court decision on whether mutilation has been performed or not depends on the estimate
of presented evidence, in accordance with each case in particular, but it would be a directive
for all the parties to the criminal proceedings and contribute to a better understanding of the
problem. Furthermore, it is necessary to make the norm more precise in a way which would
exclude the procedures performed on female genitals for medically justified reasons from the
notion of criminal act. Beside that, it is necessary to be consistent within the boundaries of the
Criminal Code and explicitly prescribe stricter punishment in cases where a victim of FGM
is a minor in accordance with the law.
Even though standardization of FGM is not conditioned by a real need, a certain legal
caution is to be shown for the possible appearance of this phenomenon in the future, i.e. when
Serbia enters the EU. The legislator has formed the standard in a way that there can be no dis-
cussion of the basic principle lex certa. All the inaccuracies regarding the crucial features of
this criminal act tend to have a negative effect on the implementation, since it can be subject
to different interpretations and insertion of different situations into this legal provision, which
creates the possibility for abuse and arbitration, and leads to legal insecurity.
215
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217
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Topic III
CONTEMPORARY SECURITY STUDIES

CONTRIBUTION TO DIFFERENTIATION OF THE
TERM “INTELLIGENCE OPERATIONS” FROM
“ESPIONAGE”
Saša Mijalković, PhD, Full Professor
Academy of Criminalistic and Police Studies, Belgrade1
Abstract: Intelligence operations of specialized government agencies/departments,

as well as espionage, are historical companion of all societies and states. Intelligence
operation has existed, informally, since the formation of secrets in relationships.
Because of the great technological development, complexities of international relations
and expansion of individual transnational security threats (such as terrorism and
organized crime), they are now stronger than ever. However, everyday use of the terms
intelligence operation and espionage leads to mixing the two notions which are marked
by them. Such terminology divergence and convergence can create confusion and
misinforming of the public, government/authorities and the international community.
Therefore, the aim of this paper is to clarify distinction between intelligence operations
and espionage.
Keywords: intelligence activity, intelligence and security service, espionage, distancing
intelligence activity and espionage
INTRODUCTION
Intelligence activity and secret services are unquestionably one of the most popular and
“the most romanticized” subjects of interest for the public, media, films, novels, politics, etc.
The veil of secrecy that surrounds them, as well as the power attributed to them, are often
awe-inspiring even when they are only mentioned. Frequently, the media speculates on the
number of foreign intelligence services, as well as on the number of foreign intelligence of-
ficers and agents acting on the territory of some country. It could never be reliably known.
However, the extent of their activities can be suggested.
In fact, almost every country that has diplomatic and/or consular mission in the territory
of some country, has at least (but minimum) one intelligence/operations officer in charge of
gathering intelligence on the host. Even if it is the case of “ignorant” intelligence officer, he
will collect intelligence information from open sources (it is the so-called open source intelli-
gence: electronic and print media, press releases, public negotiations, public results of scientif-
ic researches and educational work, etc.).This practice has been known since the institution-
1 Corresponding author: [email protected].

This paper is the result of two scientific research projects: Development of Institutional Capacities, Standards
and Procedures for Fighting Organized Crime and Terrorism in Climate of International Integrations (Ministry
of Education, Science and Technological Development of the Republic of Serbia, No 179045, 2010−2017;
the leader of the Project is Full Professor Saša Mijalković, PhD) and Management of police organization in
preventing and mitigating threats to security in the Republic of Serbia (Academy of Criminalistic and Police
Studies, 2015−2019; the leader of the Project is Full Professor Dane Subošić, PhD).
222 Saša Mijalković
alization of the diplomatic and consular practice, so diplomats in the Middle Age were also
called “honourable spies”.2
At the same time, there is an obvious mission of accredited military attaches and military
representative offices. In their jurisdiction, inter alia, is the collection of knowledge (data and
information) on the military aspects of the host country: potentials, resources, forces, weap-
ons, armed forces of their allies, etc.).
Further, international security forces (United Nations, NATO, European Union) are sta-
tioned on the territories of some countries. In such situations, all the countries participating
in the armed contingents/missions greatly increase their intelligence activities in the territo-
ries involved, to protect members of their armed forces.
Finally, it is undisputed that, by the very nature of things, in the territory of a particular
state, there are increased activities of the intelligence forces of neighbouring countries. The
reasons for this are numerous, and are often linked to national interests concerning national
minorities in the territory of the host country.
All of this also applies to our country. Specifically, it is known that on the territory of the
Republic of Serbia there are 157 diplomatic and consular representative offices of other coun-
tries3, there are military representatives of other states and military alliances, and in the prov-
ince of Kosovo and Metohija attended by representatives of the international security forces.
Furthermore, it is indisputable that some countries, from the aspects of their state and na-
tional interests, have logical, reasonable and legitimate interests to obtain as much intelligence
knowledge on specific aspects of the state, social and international life of the Republic of Serbia.
In this regard, without attempt to present categorical statements which would accuse some
state of espionage, but at the same time with taking into account all the specifics of global and
regional geopolitical realities in the context of affairs in the Republic of Serbia, are generally
known interests of:
-- the Russian Federation, for plans, current events and achievements of the Euro-Atlantic
integration of the Republic of Serbia, as well as for the activities of NATO and the European
Union member states on the territory of the Republic of Serbia (primarily Camp Bondsteel);
-- the United States, for plans, relevance and scope of cooperation between the Republic
of Serbia with the Russian Federation, as well as for the activities of the Russian-Serbian
humanitarian centre for protection and rescue in emergency situations (Niš), and for security
and counterintelligence protection of NATO forces in Kosovo and Metohija;
-- Germany, France and Great Britain, for plans, relevance and scope of cooperation
between the Republic of Serbia with the Russian Federation, as well as for the efforts to
influence individuals from the ranks of legislative, executive and judicial authorities;
-- China, which is primarily interested in the details and opportunities in the field of
economics;
-- Turkey, which is primarily interested in the so-called Islamic question in the Balkans,
and above all “to protect the interests” of all Muslims in the Balkans (Bosnia and Herzegovina,
Serbian Republic, Bujanovac, Presevo and Medvedja belt, Raska region), with special emphasis
on the self-proclaimed “Republic Kosovo”;
2 Еspionhonorable, шпијун-легалац.See − Mijalković, S.; Milošević, M.: Savremene obaveštajne

službe: organizacija i metodikaobaveštajnog, bezbjednosnog i subverzivnogdjelovanja,
Visokaškolaunutrašnjihposlova, Banja Luka, 2013, p.16.
3 „Strane diplomatske misije u Srbiji“– „DIPLOMATIC MISSIONS”
(Sending States in Alphabetical Order, Updated – 24 February 2017), the official website of the
Ministry of Foreign Affairs of the Republic of Serbia http://www.mfa.gov.rs/sr/index.php/diplomatsko-
konzularna-predstavnistva/misije-u-srbiji?lang=lat, accessed on February 26th, 2017.
CONTRIBUTION TO DIFFERENTIATION OF THE TERM “INTELLIGENCE... 223
-- Romania, which stands for resolving the so-called Vlach question in the area of Negotin
region (Negotin, Bor, Zajecar, Pozarevac, etc.).
-- Bulgaria, which “protects the interests” of Bulgarians in Serbia, which are predominantly
stationed in the municipalities of Dimitrovgrad and Bosilegrad;
-- Hungary, which “protects the interests” of the Hungarian minority in the Autonomous
Province of Vojvodina;
-- Albania, in whose national interest is the creation of the so-called “Great Albania” and
independent “Republic of Kosovo”;
-- Montenegro, which is primarily concerned with the so-called Montenegro underground
(criminal groups and organizations) in the encirclement of Montenegro-Republic of Serbia
region;
-- Croatia, which is trying to gather as much as possible intelligence information about the
armed forces of Serbia, as well as of the professed “war crimes” against Croatian citizens who
allegedly are in the territory of the Republic of Serbia;
-- self-proclaimed Republic of Kosovo, whose pseudo-intelligence formations are trying
to achieve an information superiority over the Republic of Serbia, which would facilitate
the creation and international recognition of a sovereign country, and discredit Serbia in
international relations and in international organizations.
Finally, we note once again that the intelligence operations of appointed states cannot be
automatically called espionage, but include a wide range of intelligence methods.
ТHE CONCEPT OF INTELLIGENCE ACTIVITIES

In order to clarify all of the dilemmas regarding the use of the term espionage, and in order
to fully comprehend the scope and content of the concept of espionage, which is necessary for its
conceptual distinction from similar phenomena and terms, it is essential to point out the notions
of intelligence operations/services, the security operations/services, criminalistic operations/
services, security-intelligence system and the national security system4.
Intelligence activity is a set of activities and measures that are aimed at obtaining indica-
tions, data and information which are the subject of intelligence interests. Most often it is a
secret-confidential information, which is necessary for making of sound political decisions
that protect national values and interests, constitutional order and order of the authorities,
and which is necessary for the efficient performance of duties by state authorities (primarily
intelligence services, the sector of the Interior, justice, foreign affairs, defense and foreign
affairs, customs, inspection and tax authorities). In an era of international integration, intelli-
gence activities are used for gathering knowledge of importance for “protection, or to realize
the strategic interests of the international federations or other appropriate entities”5.
Intelligence operations are conducted by certain legal and illegal methods:
-- legal possibilities include informal contacts and calls, monitoring of the media, analysis
of texts and press releases, official guided tours and visits, meetings and exhibitions, exchange
of data over diplomatic core, the so-called informative interviews with immigrants, refugees,
deserters, war prisoners, etc.;
4 Furthermore in: Mijalković, S.: Obaveštajno-bezbednosne službe i nacionalna bezbednost, Bezbednost,

Vol.1, Ministarstvo unutrašnjih poslova Republike Srbije, Beograd, 2011, pp. 74-92.
5 Milošević, M.: Sistem državne bezbednosti, Policijska akademija, Beograd, 2001, pp. 6–8.
-- illegal operations include conspiratorial contact with agents, interception of telephone

and other conversations, secretly recording forbidden regions and facilities, stealing and
copying of confidential documents, unauthorized intrusion into computer networks and the
use of the database, scouting by using special forces (violent scouting) and more. Intelligence
methods in the strict sense of the word are: espionage (traditional) method, method of
infiltration (secret embedding of intelligence officer) in the opponents structure, method of
using secret technical means and the method of secret (undercover) data collection6.
The security operation is a set of activities and measures aimed at preventing and sup-
pression of: intelligence and subversive activities of foreign intelligence services; threatening
activities of which are holders domestic extremists and members of extreme political emigra-
tion; national and international terrorism; endangering of the holders of highest state func-
tions and the most severe forms of economic, financial and organized crime7.
Intelligence agency is a specialized organization of the state apparatus that conduct intelli-
gence, security, and other subversive and activities by using the specific methods and tools in
order to protect the internal and external security and the realization of the strategic goals of
their own country, as well as to protect the interests of the agency itself. In a narrow sense, it is
the information agency, in charge of gathering intelligence indications, data and information.
In a broader sense, this term includes the security agency.8
Security agency is a specialized institution of the state administration acting on the detec-
tion, prevention and suppression of the activities that threaten the existing state and social or-
der, both from domestic political opponents who operate the unconstitutional positions, and
of the worst forms of internal and transnational crime, but also of intelligence and subversive
activities of foreign state or its specialized institutions, services and staff. It is specialized inter-
nal intelligence services that are at stake. In practice, the term “security agency” is traditional-
ly used in a much broader sense. However, it denotes the individual specialized departments
of public safety (police, but also lately - Criminalistic Intelligence Agency). Analogous to the
above mentioned aspects of the security operations, security agencies may include: count-
er-intelligence agencies, counter-espionage agencies separately; agencies for protection of the
constitutional order; anti-terrorism agencies; security agencies for persons and buildings, and
criminalistic intelligence agencies9.
Notions of intelligence and security operations are wider than the concepts of security
and intelligence agencies: these operations are not dealt with only by agencies, but also by
other state authorities (e.g. diplomatic authorities), institutions (e.g. media) and civil society
subjects (e.g. commercial entities), as well as citizens (e.g. reporting of a crime, detaining per-
sons who are caught in crime, etc.). On the other hand, intelligence and security agencies are
engaged in these activities professionally.
Often the establishment of security and intelligence agencies is exclusivity of the state,
while it is prohibited and punishable by law for the non-state actors10. Therefore, they are
established and operate in the non-government sector under the firm of news media compa-
6 Mijalković, S.,Milošević, M.: Savremene obaveštajne službe: organizacija i metodika obaveštajnog,

bezbjednosnog i subverzivnog djelovanja, Visoka škola unutrašnjih poslova, Banja Luka, 2013, pp.
140−142.
7 Mijalković, S.; Milošević, M.: Obaveštajno-bezbjednosna djelatnost i službe, Viša škola unutrašnjih
poslova, Banja Luka, 2011, p. 320.
8 ,Mijalković, S.; Milošević, M.: Obaveštajno-bezbjednosna djelatnost i službe, Viša škola unutrašnjih
poslova, Banja Luka, 2011, pp.16–17.
9 Mijalković, S.; Milošević, M.:Obaveštajno-bezbjednosna djelatnost i službe, Viša škola unutrašnjih
poslova, Banja Luka, 2011p. 319.
10 Such a situation is, for example, in the Republic of Serbia. See Article 1 of the Law on Essentials
Planning of the Security Agencies of the Republic of Serbia, Службени гласник РС, број 116/2007.
nies, detective agencies, companies providing security services and consulting, and agency
services for physical and technical security of persons, property and business and so on.
Security and intelligence system has a scope of competence defined by rules and the mutual
rights of all intelligence and security agencies and other state institutions that are involved in
collection, evaluation and intelligence dissemination, as well as in performing other require-
ments that are assigned to their jurisdiction.11 This is an organizational and functional unit of
all intelligence institutions which collect intelligence directly (i.e. intelligence community) and
carry out other activities that generate informational, protective and coordinating functions in the
national security system. This is a unique system of intelligence activities performed by individual
organizations, institutions and departments at all levels, with the inimitable aim to protect funda-
mental and general social values12.
Finally, intelligence and security operations and agencies are in the function of the protec-
tion of national security or unhindered implementation, development, enjoyment and optimal
protection of national and state values and interests. However, one must not forget that the
intelligence agencies are only one of ‘the tiles in a mosaic called the national security system’.
Namely, the national security system is a form of organization and functioning of the state and
society in the implementation of preventive, punitive and remedial measures and actions that
reach/achieve and improve the referent national values and interests, enabling their provision
and protection against security challenges, risks and threats, or revitalization if they are threat-
ened13. This is a state and society subsystem, which includes subjects and functions of state and
non-state, civil and military sectors that protect national and state values and interests from the
military and non-military security challenges, risks and threats14.
THE CONCEPT OF ESPIONAGE

The use of spies (humint) is the oldest intelligence discipline15. Overall and “in relation to
intelligence activity as a broader concept, espionage involves covert collection of information
or the use of spies - people as secret sources of secret information on plans, activities, capabili-
ties or potentials of rivals or enemies”16. More specifically, espionage is “collecting of confiden-
tial information about other countries, and doing so by secret and illegal means and methods,
and to achieve the policy and objectives of the state which organizes such activities in order
to protect the security of their country and to do harm to the interests, politics and security of
other countries”17. In principle, one can distinguish espionage in peacetime and in wartime.
In peacetime, the spy is a person which, on the territory of a sovereign state, contrary to
the constitutional and legal order of that country, performs intelligence tasks on behalf on
and for the account of foreign intelligence agencies, organizations, countries and federations
by collecting intelligence information on (political, economic, military and other strategic)
secrets related to state values and interests in order to submit them to the above mentioned
international actors for the sake of their interests, or one that for those purposes organizes an
11Đorđević, O.: Osnovi državne bezbednosti, Viša škola unutrašnjih poslova,Beograd, 1987, p. 33.
12 Milošević, M.: Sistem državne bezbednosti, Policijska akademija, Beograd, 2001,p. 6.
13 Mijalković, S..: Nacionalna bezbednost, Kriminalističko-policijska akademija, Beograd, 2015, p. 242.
14 See–Mijalković, S..: O krizi nacionalnog sistema bezbednosti Republike Srbije, Revija za bezbednost
– stručni časopis o korupciji i organizovanom kriminalu, Vol. 5, Centar za bezbednosne studije, Beograd,
2007, pр. 41–45.
15 Taylor, S. A.: Uloga obavještajne djelatnosti u nacionalnoj sigurnosti, Suvremene sigurnosne studije
(translation, ed. Collins, A.), Politička kultura, Zagreb, 2010, p. 290.
16 Bajagić, M.: Metodika obaveštajnog rada, Kriminalističko-policijska akademija, Beograd, 2015, p. 3.
17 Lukić, D.: Savremena špijunaža, Privredna štampa, Beograd, 1985, pp. 8−9.
intelligence network, or joins the foreign intelligence agency. In principle, the role of a spy can
be performed by:
1. A member of a foreign intelligence agency, which performs intelligence tasks in our
country;
2. A member of the domestic intelligence agency, which performs intelligence tasks for
foreign agency in our country or abroad;
3. The agent - a citizen of our country or foreigner which in our country or abroad
performs intelligence tasks for the benefit of the foreign state or organization, to the detriment
of our country.
So, spies could be professional members of the intelligence agencies but they also could
be agents.
Among the professional intelligence officers one should distinguish between two groups
of spies: the first are the members of foreign intelligence agencies, which in our country per-
form intelligence tasks on order of the agencies whose members they are and against the
interests of our country; the second are the members of our security agencies which perform
intelligence tasks on behalf of and in the interest of foreign intelligence agencies, and to the
detriment of the interests of our country.
Agents are persons who secretly, coordinated and professionally collect and submit data to
a foreign intelligence agency, acting on its instructions and orders18.
Motives of spies, both professional intelligence officers and agents, to work for the benefit
of foreign intelligence agencies are different:
-- greed (the promise or giving of money and other material values);
-- fear for his own life (blackmail, and occasionally a threat or actual gross physical and
psychological force);
-- fear for their close ones (or open threat or actual violent actions, in terms of kidnapping,
beating, rape, castration, ‘hooking on a needle’, physical liquidation);
-- pain factor (different forms of torture or threat of acting with intensive force);
-- sex emotionality (skilfully planting partners and various forms of pornography in order
to ‘relax’, blackmail or exchange);
-- despond (the manifestation of depression, as a result of spontaneous or imposed life
circumstances and sometimes due to psychological and physical facility treatment);
-- inner adventurism (giving a chance to the individual ‘to play his own game’);
-- disagreement with the state system or organization (wise use of ideological disagreement
and existing dissatisfaction of the object with their current position or tomorrow’s perspective);
-- disagreement with the specific figures (flare-up of negative emotions such as payback,
envy and hostility, with an overwhelming desire to cause damage to ‘the enemy’);
-- nationalism (a part in a play with deep feelings towards a national community: hate,
pride, exclusion);
-- religious feelings (reheating of intolerance towards ‘those of other religion’ or connection
of specific situations with certain doctrines of some religions);
-- civic obligations (play with respect for the law);
-- ethics (a part with morality);
18 More detailed, in – Savić, A.: Uvod u državn ubezbednost, Viša škola unutrašnjih poslova, Beograd,
2000, pp. 84−93.
-- subconscious need for recognition (speculation with an idealized representation of the

man himself);
-- corporate (clan) solidarity (play with concrete elitism);
-- open sympathy toward the information recipient or his activities (adaptation to the
facility);
-- vanity (provocation of individuals to cause a certain impression, to show all their
significance and abilities);
-- light-headedness (bringing a man into a state of recklessness, carelessness and loquacity.
This also includes the use of ‘chronotopes’- the man whom we are convinced that we have a lot
of confidence in him (‘random companion’);
-- attentiveness (visible realization of a subconscious wilful and conscious labour and
physical dependence of the object from the recipient information);
-- “craziness” over something (close possibility for collectors to provide or lose passionately
desired item; playing with phobias ...);
-- overt intention to ensure the exchange of information (a technique ‘tante za kukuriku’
(nothing for nothing) or ‘nose pulling‘);
-- passionate desire to convince someone into something, to change their relation to
something or someone, and to invoke the initiative to a particular operation (methods ‘‘hook
swallowing’’ and “reverse recruitment”) and so on19.
In wartime, the spy is every hostile individual (i.e. a professional intelligence officer or agent)
who covertly collects data and other information about one side (i.e. the country or military
alliance) in order to deliver them to the other side (i.e. the country or military alliance) or the
one who sends him on such a task. If commandos, diversants and paratroopers are captured
while executing special tasks, they are treated like the other members of the armed forces of
the conflict party which had sent them to carry out the task, but not as spies. Furthermore, the
members of the opposite side armed forces, which collect the intelligence of the enemy and are
uniformed and have a mark of belonging to the armed forces, are not spies20.
Finally, when espionage is a method of subversive activities or has subversive effects, it is
called subversive espionage. Namely, the preparation of aggression against a sovereign state also
includes enhanced intelligence operations of an aggressor country against a country - a future
victim of aggression. Enhanced intelligence activities often lead to increased detection of for-
eign intelligence officers and agents of foreign intelligence agencies, as well. The mere news of
more frequent discovery of foreign spies creates a sense of fear of the presence of the enemy and
distrust of citizens in the state. This disrupts the established life rhythm of citizens and the state,
economy and tourism. Such espionage has subversive psychological effects on safety21
In the system of national criminal law, espionage is classified as crimes against the consti-
tutional order and security of the Republic of Serbia. The Criminal Code of the Republic of
Serbia22 incriminates the offense called Espionage (Article 315). This criminal offense has four
forms, and it is performed by a person who:
1. communicates, delivers or makes available secret military, economic or official
information or documents to a foreign state, foreign organization or a person who serves
them, for which a prison sentence of three to fifteen years is predicted;
19 Ronin, R.: Obaveštajni rad, Službeni glasnik i Fakultet bezbednosti Univerziteta u Beogradu, Beograd, 2009, pp. 34−36.
20 Radulović, R.B.: Leksikon bezbednosti i zaštite, Pravni fakultet, Novi Sad, 1994, pp.28−29.
21Đorđević, O.:Osnovi državne bezbednosti, Viša škola unutrašnjih poslova,Beograd, 1987, p.120.
22 The Criminal Code of the Republic of Serbia, Службени гласник РС, број 85/2005 with subsequent
amendments.
2. creates intelligence agency in Serbia for a foreign country or organization, or whoever
manages it, for which a prison sentence of five to fifteen years is predicted;
3. joins a foreign intelligence agency, collects information for or otherwise helps its
operations, for which a prison sentence of one to ten years is predicted;
4. obtains confidential information or documents with the intent to convey or hand them
over to a foreign state, foreign organization or a person who serves them, for which a prison
sentence of one to eight years is predicted.
In the case that, due to the offense activities referred in paragraphs 1 and 2 of this Article,
serious consequences for the security, economic or military power of the country have arisen,
the law predicts a prison sentence of at least ten years.
In the context of the offense of espionage, as secret are considered those military, econom-
ic or official information or documents that the law, other regulations or decisions of the com-
petent authority that are agreed and based on the law and declared to be secret, and whose
disclosure would cause or could cause detrimental consequences for the security, defence or
for the political, military or economic interests of the country.
Incrimination which is similar to espionage by the manner of execution (disclosure of
confidential and secret data and documents) are Revealing state secrets (Article 316), Disclo-
sure of official secrets (Article 369), Disclosure of military secrets (Article 415) and Disclosure
of trade secrets (Article 240). The essence of these offenses is disclosure of certain secrets, or
unauthorized submission of them to uninvited persons. None of these offenses imply that
uninvited persons are a foreign intelligence agency or a person who works for it. This is the
specificity of espionage – the disclosure of confidential data to a foreign intelligence agency.
By submitting documents marked as military secrets to a foreign intelligence agency would
also, for example, be considered as espionage offense, not a criminal offense of disclosure of
military secrets.
CONCLUSION
The scope and content of the concept of intelligence operations are expanding the scope
and content of the concept of espionage. Namely, espionage is the intelligence operation; how-
ever, not all intelligence operations are espionage.
First, espionage involves an intelligence officer’s or agent’s operational activities, while
intelligence operation also includes other forms of intelligence, and methods of collecting
intelligence information (technical method, methods of cooperation, interrogation method,
collecting data from open sources, etc.).
Further, espionage inevitably involves a foreign element, or intelligence in favour of a for-
eign state, agency, department or organization, while intelligence does not need to have the
characteristics of internationality. Namely, the members of the intelligence agencies and their
agents may be engaged in intelligence and espionage: when they work in our favour, either
on our or on a foreign territory, they are not spies for us; if on this occasion they work against
the interests of other countries, these countries regard them as spies; when in our territory or
abroad, working on behalf of foreign entities, against our country, they are our spies; state for
which they work in such situations do not consider them as spies. It is concluded on the basis
of table below (Table 1):
Table 1 The observations of spies and agents regarding their affiliation,

the territory of their activities and their interests
The operation on behalf
The operation on behalf of the interests of foreign EXISTENCE OF ES-
of the interests of our companies, to the detri- PIONAGE AGAINST
country ment of the interests of OUR COUNTRY
our country
+ - -
The operation of our
intelligence officers and
agents on the territory of
our country - + +
The operation of our + - -

agents
abroad - + +
+ - -
The operation of foreign
agents on the territory of
our country
- + +
+ - -
The operation of foreign
agents
abroad - + +
Finally, the so-called ‘double spies’ are in a specific situation, who simultaneously work
for the two intelligence agencies, whereby for one they work honestly, and for the second
insincerely. From the point of view of national security, in relation to the land they work for
dishonestly (to its detriment), they are spies, and for the land that they work sincerely they
are agency co-operators; in the criminal sense, they are spies, regardless of whether they work
sincerely or insincerely for the foreign service. Therefore, this kind of ‘double games’ are al-
ways the result of top-secret intelligence operations and the combinations: if secret services
do not protect their associates, no one would ever work with them.
REFERENCES
1. Bajagić, M.: Metodik aobaveštajnog rada, Kriminalističko-policijska akademija, Beograd, 2015.
2. Đorđević, O.: Osnovi državn ebezbednosti, Viša škola unutrašnjih poslova, Beograd, 1987.
3. Lukić, D.: Savremena špijunaža, Privredna štampa, Beograd, 1985.
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Luka, 2013.
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11. Ronin, R.: Obaveštajni rad, Službeni glasnik i Fakultet bezbednosti Univerziteta u Beogra-
du, Beograd, 2009.
12. Savić, A.: Uvod u državnu bezbednost, Viša škola unutrašnjih poslova, Beograd, 2000.
13. Strane diplomatske misije u Srbiji“ – „DIPLOMATIC MISSIONS” (Sending States in Al-
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ko-konzularna-predstavnistva/misije-u-srbiji?lang=lat, accessed on February 26th, 2017.
14. Taylor, S. A.: Uloga obavještajne djelatnosti u nacionalnoj sigurnosti, Suvremene sigurnosne
studije (translation, ed. Collins, A.), Politička kultura, Zagreb, 2010.
15. The Criminal Code of the Republic of Serbia, Службени гласник РС, број 85/2005 with
subsequent amendments.
16. The Law on Essentials Planning of the Security Agencies of the Republic of Serbia,
Службени гласник РС, број 116/2007.
WESTERN BALKANS SECURITY IN CONTEMPORARY
GEOSTRATEGIC CHANGES BETWEEN
EAST AND WEST
Dragan Đukanović, PhD
Faculty of Political Science, Belgrade
Marjan Gjurovski, PhD
Faculty of Security, Skopje
Abstract: The authors will point to the ongoing changes of the contemporary
international and security relations with the primary aim to draw attention to the
positioning of the Western Balkans between the global West and the East – the United
States of America and the Russian Federation. In this regard, a special attention will
be paid to the potential scenarios of that relation – either to the future confrontation
of the United States and the Russian Federation, or the pacification and relaxation of
their relations.
So, the author will notice how these scenarios affect the position of the Western
Balkans, as well as the Republic of Serbia. That means primarily in the contemporary
security environment that accompanies a still unfinished migrant crisis (2013–), the
global economic crisis (2008–) and more pronounced conceptual and institutional
dilemmas of the European Union after Brexit (2016).
Keywords: the Western Balkans, the United States of America, the Russian Federation,
the European Union, geopolitics, influence
INTRODUCTION
The Western Balkans, as a geopolitical construct linked to the integration of the countries
formed on the territory of the former Federal Republic of Yugoslavia (up to 1991) into the
European and Euro-Atlantic integration, is increasingly exposed to the strengthening of the
influence of “new-old” actors during the past decade, primarily the Russian Federation, the
People’s Republic of China and Turkey.1 In this context, it is important to emphasize that there
has been a strengthening of various political subjects affecting the regional stability in south-
eastern Europe and the Western Balkans. Along with the above-stated, during the past ten
years, there has objectively been a gradual reduction of the role of the United States, which is
one of the main constructors of the current Western Balkans (geo)political reality.2 The USA
focused its foreign policy on other parts of the world, which in a certain way implied the
1 Dragan Đukanović, Balkan na posthladnoratovskom raskršću (1989–2016), Institut za međunarodnu

politiku i privredu, „Službeni glasnik“, Beograd, 2016, str. 38–55.
2 Dragan Đukanović, Marjan Gjurovski, “(Re)Balkanization of the Western Balkans: New Challenges
on Security in the Region“, in: Branislav Đorđević, Taro Tsukimura and Ivona Lađevac (eds), Globalized
World: Adventage or Disadventage, Institute of International Politics and Economics, Belgrade, Global
Resource Management, Doshisha University, Doshisha, 2016, pp. 87–107.
232 Dragan Đukanović, Marjan Gjurovski
occasional attempt to leave the Western Balkans to the influence of other partners – primarily
to the European Union and the Federal Republic of Germany.3
The departure of the Democratic administration in the United States and coming to power
of the President Donald Trump in the second half of January 2017, has set a new question
related to whether the foreign policy course towards a very sensitive region of the Western
Balkans would change. So far (mid-March 2017), there are no visible signs that this will hap-
pen.4 On the contrary, it is evident that in a way the continuity of foreign policy activity of
this country towards the Western Balkans will be preserved, including the preservation of
the existing post-Cold War balance of power in this part of Europe.5 Despite some challenges
related to the current situation in Macedonia, where the internal Macedonian tensions and
political conflicts are strengthened, as well as the aspirations of the Albanian community for
some kind of special status that goes beyond the solutions of the Ohrid Agreement (2001),
the United States insists on the territorial integrity and wholeness of this former Yugoslav
republic.6 This, however, is not followed by the important diplomatic action because of yet
unclear attentiveness of this country towards the Balkans. Nearly identical can be applied to
the situation in Bosnia and Herzegovina, where the aspirations of the Serbs and Croats grad-
ually reinforce, whether to strengthen their territorial autonomy or to form it according to the
ethnic principle (aka. the third entity).7 The Bosniak political elite, on the other hand, is evi-
dently profoundly and in multiple ways linked to Turkey and the government of the President
Recep Tayyip Erdogan. This only further illustrates the instability of the situation in Bosnia
and Herzegovina, as a state with rather a problematic internal organization and a significant
potential to transfer its internal instability onto the regional plan.
The relations in the negotiations between the authorities in Belgrade and Priština have
also experienced some deterioration due to the announcement of the Priština authorities to
suspend the normalization of relations. This process, on which the United States and the Eu-
ropean Union insisted since 2012, is in a crisis due to the primarily insufficient readiness
of the Priština authorities to establish the Community of majority Serbian municipalities in
Kosovo, according to the principles set out in the First Agreement on Normalization of Rela-
tions between the authorities in Belgrade and Pristina, signed in April 2013.8 Therefore, even
four years later, the elemental frames for the constitution of the above-mentioned municipal-
ities are not set, which leaves the Serbs in Kosovo in rather a difficult position.
The United States has been, in a certain way, also “stalling” with the ratification of the
Accession Protocol of Montenegro to the North Atlantic alliance, which forms the basis for
further deepening of the internal divisions on the above-mentioned issue.9 These divisions are
so pronounced that they present a serious threat to the fundamental security of Montenegro.
3 Srđan Janković, „Bez promjene politike SAD prema Balkanu i Crnoj Gori“, Radio Slobodna Evropa
– Balkanski servis, Prag, 9. novembar 2016. Internet: http://www.slobodnaevropa.org/a/crna-gora-
tramp/28106176.html, 22/03/2017.
4 Rade Radovanović, „Predstavnik Trampove administracije u poseti Srbiji“, Glas Amerike, Vašington,
11. februar 2017. Internet: http://www.glasamerike.net/a/predstavnik-trampove-administracije-u-
poseti-srbiji/3719092.html, 22/03/2017.
5 Ibidem.
6 Chris Deliso, “Macedonia’s Crisis Isn’t Going Away“, The American Interest, March 5, 2017. Internet:
http://www.the-american-interest.com/2017/03/05/macedonias-crisis-isnt-going-away/, 22/03/2017.
7 Dragan Đukanović, „Obrisi nastanka trećeg (hrvatskog) entiteta u Bisni i Hercegovini: stavovi lokalnih
aktera, SAD i EU“, Nacionalni interes, broj 1/2015, god. XI, vol. 22, Institut za političke studije, Beograd,
str. 127–150.
8 Marta Szpala, „Hostages to dialogue. The Process of Normalizing Serbian-Kosovar relations“,
OSW commentary, June 8, 2017. Internet: https://www.osw.waw.pl/en/publikacje/osw-
commentary/2016-06-08/hostages-to-dialogue-process-normalising-serbian-kosovar, 15/02/2017.
9 “U.S. Senate to vote on Montenegro’s NATO membership“, Reuters, March 23, 2017. Internet: http://
www.reuters.com/article/us-usa-nato-montenegro-idUSKBN16U33K, 25/03/2017.
WESTERN BALKANS SECURITY IN CONTEMPORARY GEOSTRATEGIC... 233
Moreover, this allows the strengthening of the already significant presence of the Russian
influence in Montenegro, especially in the political sphere. By entering of Montenegro into
NATO, the situation in the Western Balkans would objectively change, primarily with the aim
to enforce NATO influence and potentially reduce the influence of the Russian Federation on
a smaller number of the Western actors (The Republic of Srpska entity, and to some extent
Macedonia and Serbia).10
Otherwise, Albania has still been closely under the United States influence, which in a
certain way affects the situation in the Adriatic seacoast, as well as on the Balkan Peninsula.
An almost identical influence is transferred to the Priština authorities, which have mostly en-
joyed the support of the former Democratic Administration of the United States. On the other
hand, Serbia is trying to maintain equidistance between the influence of the United States and
the Russian Federation, with a very frequent approach to the Federal Republic of Germany.
Namely, in this country the political elites of Serbia actually see the most important partner to
accelerate the path towards the membership in the European Union, but also to further relax
the relations in this part of Europe, as a country that is at the “crossroads” of the influence of
Central Europe and the Western Balkans.11
The European Union, “trapped” in numerous and sometimes inadequate complex bureau-
cratic procedures within the existing Stabilization and Association Process, is not in a posi-
tion to enhance its role in the Western Balkans, nor to give some kind of new incentives for
the countries of the region that have numerous problems – from internal instability, economic
difficulties to the strengthening of certain aspects of extremism.12 This lack of real possibilities
of the European Union to focus more on resolving the situation in the Western Balkans and to
accelerate its integration, leaves a space for the strengthening of the influence of the Russian
Federation, as well as of Turkey and China. This should result, in some way, in an obvious
weakening of the EU influence in this part of Europe, but also of the United States, which may
lead to the occurrence of certain security problems.
UNPREDICTABLE WESTERN BALKANS SCENARIOS:

DIFFERENT ACTORS AND THEIR IMPACTS,
AND (RE)CONFIGURATION OF THE REGION
Strengthening of the influence of the Russian Federation since the second half of the last
decade has only further contributed to the shift of the current Western Balkans geopolitical
reality. In fact, this country firstly “sailed“ into the energy sphere in the countries of the re-
gion, and then increased its own influence in the economic sphere. Moreover, the Russian
Federation did that in Montenegro, Serbia, and Macedonia and in one of the B&H entities
– the Republic of Srpska.13 Such a strategy was tied to the influence on the political elite. In
this sense, the most significant impact has been achieved in the Republic of Srpska due to,
among other things, a promise of a huge loan.14 There also existed intentions of individuals
10 Dragan Đukanović, Balkan na posthladnoratovskom raskršću (1989–2016), op. cit., str. 43–48.
11 Dragan Đukanović, „Spoljnopolitičko pozicioniranje Srbije (SRJ/SCG) od 1992. do 2015. godine“,
Međunarodna politika, god. LXVI, br. 1158–1159, Beograd, str. 115–127.
12 See: Dragan Đukanović, „Zapadni Balkan 2014. – napredak u evropskim integracijama ili stagnacija“,
u: Dragan Đukanović, Aleksandar Jazić, Miloš Jončić (urs.), Srbija, region i Evropska unija, Institut za
međunarodnu politiku i privredu, Beograd, 2015, str. 247–259.
13 E.V.N./B.V./Agencije, „Dodik i Putin: Referendum je pravo naroda“, Večernje novosti, Beograd, 22.
septembar 2017. Internet: http://www.novosti.rs/vesti/naslovna/politika/aktuelno.289.html:626454-
SASTANAK-PUTINA-I-DODIKA-Rusija-podrzala-Republiku-Srpsku, 22/03/2017.
14 „Nema ruskog kredita“, RTV BN, Bijeljina, 2. maj 2015.
and groups in Macedonia to turn towards Moscow. However, the complex reality of Macedo-
nia and the necessity of the Albanian-Macedonian consensus on all issues has not left a real
stronghold for certain groups in Skopje to do so.15 Although some individuals in this strategic
turn towards Moscow saw the opportunity to prevent further support for democratic reforms,
the venture failed.
In Montenegro, the events before and during the parliamentary elections on 16 October
2016, quite clearly indicated the presence of the Russian state and parastatal structures.16 Ac-
cording to some sources, there was an attempt to bring to power those political options that
are very close to the Russian political and economic power centres, i.e. those that replaced
their two-decade long overemphasized orientation of binding with neighbouring Serbia with
the ideas of Pan-Slavism and Russophilia.
Serbia is, on the other hand, the actor which in the long run “walks on a wire” between
the influence of the global West (the United States and the European Union) and the Russian
Federation, and it occasionally turns to other alternative centres of power, such as China.17
Despite significant foreign policy challenges, Serbia managed to maintain this position in
the most sensitive circumstances (such as the crisis in Ukraine in 2014 and 2015), although
it reflected on the reduced level of harmonization of its foreign policy with the joint foreign
and security policy of the EU.18 Namely, these percentages during the last five years varied
from year to year, for example: from 94% in 2012 to 62% in 2014.19 On the other hand, it is
evident that the essential change of the influence of the East and West in the Western Balkans
will further influence on these percentages. But it is also unrealistic that Serbia, as a candidate
for the membership in the EU, will impose the “restrictive measures” towards the Russian
Federation, which is a request of the official Brussels. Also, it remains unclear for how long
the above-mentioned “walk on a wire” will be sustainable, due to a possible new confronta-
tion between the East and the West. Also, the penetration of China’s influence to the Western
Balkans is primarily linked to Serbia, which China perceives as a country that will have a very
important role in the “New Silk Road” that actually aims to connect this country with the
European Union market.20
From the above-stated reasons, it is clear that the potential scenarios of the Western Bal-
kans future will be determined by its relations with the great powers. This would involve some
very different geopolitical scenarios which will be elaborated here. Namely, these scenarios
are predominantly related to the following potential conditions:
1. The potential relaxation of relations between Washington and Moscow could preserve
the status quo in the Western Balkans, i.e. the dominant role of the United States, and to
some extent the European Union, as well as in some measure the influence of the Russian
Federation, primarily in the economic sphere. This scenario is possible to a lesser extent.
2. The crisis within the European Union, conditioned by Brexit, the economic and migrant
crisis, accompanied by the weakening of the USA interests in the Western Balkans, would
create a realistic possibility for political influence of the Russian Federation to be much more
pronounced, including its impact on the adoption of a certain number of strategic foreign
policy decisions. This primarily refers to Serbia, but also to Montenegro and Macedonia. Also,
16 Iv. P., „Rusija pokušava da destabilizuje Crnu Goru”, Pobjeda, 1. mart 2017, str. 3.
18 Dragan Đukanović, “The Process of Institutionalization of the EU’s CFSP in the Western Balkans
Countries during the Ukraine Crisis”, Croatian International Relations Review, Vol. XXI, No. 72,
International Economic and Political Relations, Zagreb, September 2014-March 2015, pp. 81–106.
19 Ibidem.
20 Miroslav Antevski, Sanja Filipović, “Foreign Investments activities of Chinese companies”,
Međunarodni problemi, Vol. 66, No. 3-4, Beograd, 2014, str. 231–248.
this influence would undoubtedly lead to complete blockage of the political system of Bosnia
and Herzegovina and thanks to that possibility it will enable the entity the Republic of Srpska
to question the path towards the European Union and essentially its membership in NATO.
This scenario could lead to the confrontation of the countries in the Western Balkans exactly
along the line of the dominant influence of the Russian Federation and the United States.
Such a scenario would also involve redefining of the relations within the current European
Union, in which it would differentiate the group of the countries of the Central Europe, under
the influence of Austria and to some extent Germany.21 This group could, in some way, have
closer relations with some of the Western Balkans countries - primarily with Serbia, whose
nearly a quarter of the total territory is located geographically in the Central Europe (Auton-
omous Province of Vojvodina and the parts of the city of Belgrade.)22 Also, a strengthened
geostrategic importance in this context would have Bosnia and Herzegovina, and especially
its parts predominantly inhabited by Croatian population. This scenario would be to a certain
extent more probable than the previous one.
3. The additional confrontation between the East and the West would include, in the
forthcoming period, a clear determination of the Western Balkans countries in terms of
their own foreign policy orientation. This option would thus narrow an already reduced
“strategical space” for decisions about specific partnerships. In this regard, Russia would insist
on strengthening the influence in at least four of the six Western Balkans actors – Bosnia and
Herzegovina, Serbia, Macedonia and Montenegro. On the other hand, the objective influence
of the United States on the so-called Albanian factor in the Balkans would only further
strengthen the axle Tirana-Priština and potentially destabilize parts of Macedonia, southern
Serbia and Montenegro. Also, such a scenario could be perceived in some other countries in
South Eastern Europe, primarily Bulgaria and Greece, in which the Russian Federation is also
trying to realize a significant political influence in recent years.
4. Strengthening of the role of Turkey in the Balkans in the context of local authoritarian
tendencies of the current President Erdogan could also affect the relations of the Albanian and
Bosniak political elites towards the European integration. This would mean that Albania and
Bosniak part of Bosnia and Herzegovina may turn more towards Ankara instead of Brussels,
i.e. towards Turkey in which Islamist tendencies are gradually strengthening. This scenario
would substantially jeopardize the Western Balkans since the former Ottoman heritage and
attitude towards it are still very important when it comes to the level of local ethnic distance
between Christians (Orthodox and Roman Catholic) and Muslims. This could potentially
endanger not only the regional but also the European security taking into account the current
tensions between Turkey and some European countries, such as the Federal Republic of
Germany and the Netherlands.23
5. Potential strengthening of the China’s position in the Western Balkan region will not
affect the local security. The only thing that should not be overlooked is the fact that due to
the potential security instability in some parts of the Western Balkans the “New Silk Road”
might be interrupted and thus the transport of Chinese goods to the EU market prevented.
For example, the potential escalation of the crisis in Macedonia may jeopardize the above-
21 Dušan Proroković, Nemačka geopolitika i Balkan: o ciljevima srednjoevropskog kontinentalizma,

Catena Mundi, Beograd, 2014, str. 239–301.
22 Dragan Đukanović, „Attempts to restore’ Austria-Hungary after 1918 – between Austronostalgia
and reality”, in: Duško Dimitrijević (ed.), The Old and New World Order – between European integration
and the historical burdens: Prospects and Challenges for Europe of 21st century, Institute of International
Politics and Economics, Belgrade, 2014, pp. 209–223.
23 “Turkey labels Netherlands the ‘capital of fascism’ after ministers barred from speaking”, ABC News,
Vienna, March 13, 2017. Internet: http://www.abc.net.au/news/2017-03-13/turkeys-erdogan-says-
netherlands-acting-like-a-banana-republic/8348338, 22/03/2017.
mentioned road that stretches from the largest and most important Greek port of Piraeus,
which the Chinese bought in early 2016, towards Serbia.24 China’s investments in particular
ports on the Danube – e.g. the “The Danube” port in Pančevo or building of completely new
ports could affect relations, primarily between Germany and Serbia. Germany would be
reluctant to accept the strengthening of China’s influence in Podunavlje, bearing in mind the
geopolitical importance of this river for this country.
6. Unpredictable further strengthening of Saudi Arabia and other Islamic countries in the
Western Balkans out of the existing scope could also affect the situation in the region. Moreover,
this could affect the relations between the members of the local Islamic communities.
All these already mentioned scenarios would significantly impact the security situation
in the Western Balkans, as well as bilateral relations between the local actors. This would
include the absence of the currently existing declarative division of the Western Balkans po-
litical elites when it comes to the regional cooperation. In fact, at a large number of meetings
and summits organized on the occasion of strengthening of the Regional cooperation in the
Western Balkans and on the occasion of the acceleration of the accession to the EU, very
important and ambitious goals were usually set, which have almost never been implemented.
A potential new escalation of certain European crises, such as the Ukrainian (after 2013)
would only further intensify the relations between Washington and Moscow, and thus would
have more significant consequences on the situation in the Western Balkans. Also, a potential
escalation of violence in the Western Balkans could fundamentally collapse the entire security
architecture in the region created after the breakdown of the former Socialist Federal Repub-
lic of Yugoslavia.25 In this sense, the political crisis in Macedonia, whose epilogue could not
be perceived, but also the tense interethnic relations between Macedonians and Albanians
could pose the most significant threat to the national security. Also, we should not belittle the
potential of interethnic inner tensions in Bosnia and Herzegovina, which are permanently
increasing because of new events. In fact, almost every day there appear some kind of new
problems within Bosnia and Herzegovina – the crisis due to declaring unconstitutional the
Republic of Srpska Day (9 January), the failure of the request for revision of the B&H lawsuit
against Serbia for genocide during February and March 2017, the constant emphasis of the
idea of permanent formation of the third (predominant Croatian) entity, about which there is
an almost absolute consensus of the Croatian political parties in this country.
CONCLUSION:
IS THERE ANY PREDICTABILITY IN RELATION TO THE
EVENTS IN THE WESTERN BALKANS
The modern history of the Balkans, and particularly its western parts, is not a reasonable
basis for a successful long-term prediction of the local conditions. On the contrary, although
just before the outbreak of armed conflicts in the former Yugoslavia in the early 1990s it
seemed that this whole part of Europe will transform to the perspective of joining the Euro-
pean and Euro-Atlantic integration, there has been a drastic turn and the realization of one
24 John Vassilopoulos, “China completes majority purchase of Greece Piraeus Port”, World Socialists
Web Site, 2 September 2016. Internet: https://www.wsws.org/en/articles/2016/09/02/gree-s02.html,
22/03/2017.
25 Dragan Đukanović, “Is the Western Balkans a safe geopolitical construction?”, in: Dragana Kolarić
(ed.), Archibald Reiss Days, Vol. 2, Academy of Criminalistic and Police Studies, Belgrade, 2015, pp.
125–132.
of the worst potential scenarios.26 Even very significant efforts of the United States, which
objectively affected the cessation of armed conflicts during the past decade, to repair the rela-
tion between the newly established countries in the Western Balkans did not give the results.
On the contrary, it is evident that the crucial issues in the region have remained unresolved,
and all are related to the period of armed conflicts during the disintegration of the Yugoslav
Federation.
The persistent offering of the European perspective to the countries of the Western Balkans
during the last decade is reduced to the dominant proclaimed acceptance of this objective by
the political elite in the local governments. However, this does not correspond with a deep ac-
ceptance of this idea in the Western Balkans countries. They are still primarily concerned with
the set of so-called national issues, and to some extent supported by the maximalistic aims.27
In this context, the most evident is the tendency of the Albanian political elite to con-
stitute the so-called “Natural Albania”, as a particular form of association of territories that
were occupied by the members of this nation in the Western Balkans. Especially worrying is
the growth of the right-wing populism among the political parties of Albanians in Kosovo,
which are often inclined for drastic measures against the Serbs. This applies both to the Serbs
in northern Kosovo, and those in the rest of central enclaves. On the other hand, the Croatian
political elites which for almost two and a half decades worked to “leave the Balkans” and
to turn towards the Central Europe, are often aimed at the so-called Croatian question in
Bosnia and Herzegovina, with a tendency to form the special ethnic-territorial units in this
state. Also, a constant “concern” is expressed for the status of the Croats in northern Serbia,
i.e. in Vojvodina, and thus often trying to block Serbia’s progress on its path towards the full
membership in the European Union.
The Bosniak political elites, however, are still trying through the pan-Bosnian program
to master the entire Bosnia and Herzegovina and to gradually marginalize the Croats and
Serbs. This, indeed, really triggers their significant resistance. Moreover, the Bosniak elites in
Sarajevo sometimes openly overstate the question of their compatriots in Sandžak, i.e. in the
south-west of Serbia and the north of Montenegro, and thus also call into question the bilat-
eral relations of Bosnia and Herzegovina and Serbia, and also with Montenegro.
Within the current political establishment in Serbia, but also in a large part of the opposi-
tion, there exists a significant number of political parties who oppose any new forms of esca-
lation in the Western Balkans. However, the growth of those political options that are trying
to revive the defeated ideas concerning the so-called unification of Serbian ethnic territories
from the radical right-wing positions is evident over the past few years.
Macedonia, however, faces an exceptionally pronounced political crisis. The Albanian
maximalistic objectives in Macedonia represent only an additional basis for new interethnic
misunderstandings and a potential spiral of thus motivated violence. Therefore, in the long
run Macedonia will stay double-locked by internal fault lines.
Unfortunately, the only actor that could significantly affect the security in the Western
Balkans - the European Union - is not yet ready to replace the current approach towards this
part of Europe, and integrate this area as soon as possible. This is also affected by the internal
stratification within the European Union, i.e. its announced acceleration to “multi-speed”
and insufficient institutional adaptability of the Union when it comes to the admission of new
members.28 Various discourses on the future of the European Union also contribute to this
27 Dragan Đukanović, „Evropska unija i Zapadni Balkan: očekivanja i iščekivanja“, god. XI, posebno
izdanje, Kultura polisa, Kultura — Polis Novi Sad, Institut za evropske studije, Beograd, Novi Sad, 2014,
str. 25–38.
28 “The Rome Delaration“, the European Council, Rome, March 24, 2017.
end, in which it is perceived from a loose union to a federal state. In many ways, it should add
to such a sequence of events a still informalized process of the exit of the United Kingdom
and Northern Ireland from the Union, as well as a potential new wave of refugees that could
head for the European Union.
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cles/2016/09/02/gree-s02.html, 22/03/2017.
FACTORS OF WOMEN’S PARTICIPATION
IN ARMED FORCES1
Dr Zorica Mršević, senior research fellow
Institue of Social Sciences Belgrade
[email protected]
Mr Svetlana Janković, lieutenant colonel
Institute for strategic research Belgrade
[email protected]
Without peace, development is impossible, and without
development, peace is not achievable, but without women, neither peace nor
development is possible.2
Abstract. In the text are presented factors that contribute to women’s participation in
the armed forces. History shows that women in earlier centuries also were active in
the armies. But after the end of the armed conflicts they were regularly excluded from
military service and military professional privileges, which also happened during the
twentieth century, after the First and Second World War and the national liberation
wars. Not before the last quarter of the twentieth century began the professional
integration of women into the armed forces. The main factor was the lack of men
willing and able for military service, but also the current processes of increased
social equalization of gender relations. In the text is presented the so-called, “Segal
model” of multicollinear impact indicating the existence of multiple independent
factors influencing the circumstances of women’s participation in the armed forces.
In this text, most attention is paid to military factors, including references to national
security, the impact of recently-led wars, international military alliances and changes
in military technology. Military transformation, evident over the past decade through
the armed forces of NATO member states, inevitably involved the transformation of
the military nature of women’s participation. Such transformation, accelerated by the
wars in Iraq (and Afghanistan), include changes to the hiring of female staff and their
deployment. Today there is an increasingly expressed view that women have a “right
to uniform”, as the right to equal professional access, treatment and promotion in any
field. Examples of successful military careers of prominent women in the armies of the
world’s major military powers, especially the recently promoted women in the highest
general rank orders, were also highlighted in the text as models of strong influence to
young women’s decision to join the army.
Keywords: women in armed forces, “Segal model” of multicollinear impact, lack of
men, national security, NATO member states, “Jenny effect”, women generals.
1 This text was created within the project “Social transformations in the process of European integration -
a multidisciplinary approach”, which is financed by the Ministry of Education, Science and Technological
Development, no. III 47,010th, implemented by the Institute of Social Sciences in Belgrade.
2 Chowdhury K. Anwarul (Ambassador), 2017, If We Are Serious About Peace & Development, We
Must Take Women Seriously, Indepth News, March 26.
242 Zorica Mršević, Svetlana Janković
INTRODUCTION
Whenever the issue of compulsory military service is raised publicly, usually all presented
arguments, those for, as well as those against, focus upon only male recruits, e.g. what the
military requires from them, whether the needs are met by adequate readiness and interest
of young men to serve, and whether they have a general interest in a professional military
career. Such debates usually ignore the situation of women’s participation in the armed forces.
Therefore it is necessary, beside the issue of male military engagement, to raise the question of
factors that contribute to the growing presence of women in the armed forces of a country, or
act in the opposite direction, by reducing it.
Around the world women played a more active and visible role in the military than be-
fore. Over the past three decades, advanced countries have utilized female labor force in the
armed forces. Advocates assert that equal opportunities should be given to women serving in
the military while skeptics worry that the presence of women in the military may hinder the
efficiency of an organization they deem more appropriate for men. However, what is clear is
that the skeptics’ argument has been gradually losing its legitimacy.3 Women in the armed
forces of the world are no longer merely a temporary change. “Today, what was once a band
of brothers has truly become a band of brothers and sisters.”4 Although women still have
unequal status, and in spite of cases of professional segregation and cultural discrimination,
women are no longer peripheral in the military organization, nor are they only passive ob-
servers of events within it. Internal organizational policies that discourage negative behavior
against women in the military, such as discrimination, sexual harassment, humiliation, and
deliberately hindering promotion, have not been empirically proven to be of essential impor-
tance for the success or failure of the process of integration of military women. But, to the
contrary, more general social acceptance of women as soldiers may increase the attractiveness
of military service to both women and men. To this also contribute positive and successful
examples of women’s military careers, and now the decades-long presence of women in mod-
ern armed forces of the world.
HISTORICAL OVERVIEW
Although armed forces are undoubtedly male-dominated organizations the world over, 5
historical facts indicate that the presence of women, both in terms of the traditional female
military companion and women uniformed to varying degrees who participated with weap-
ons in military campaigns, was commonplace throughout history. Regarding female military
companions, their presence on the battlefields in large numbers and for centuries is to be
considered highly important. It is known that in the period from the fourteenth to the nine-
3 Hong Doo-Seung, 2002, Women in the South Korean Military, SAGE Publication (London, Thousand
Oaks, CA and New Delhi), Current Sociology, Vol. 50(5): 729–743.
4 At her retirement ceremony in 2012, Ann Dunwoody (the first woman to serve as a four-star general
in both the Army and the U.S. armed forces) said, “Over the last 38 years I have had the opportunity
to witness women soldiers jump out of airplanes, hike 10 miles, lead men and women, even under the
toughest circumstances,” she said. “And over the last 11 years I’ve had the honor to serve with many
of the 250,000 women who have deployed to Iraq and Afghanistan on battlefields where there are no
clear lines, battlefields where every man and woman had to be a rifleman first. And today, women are
in combat, that is just a reality. Thousands of women have been decorated for valor and 146 have given
their lives. Today, what was once a band of brothers has truly become a band of brothers and sisters.”
Veterans Day 2016, Seven Famous Women Veterans, Military.com..
5 Gustavsen Elin, 2013, Equal treatment or equal opportunity? Male attitudes towards women in the
Norwegian and US armed forces, Acta Sociologica Vol. 56 (4): 361–374.
FACTORS OF WOMEN’S PARTICIPATION IN ARMED FORCES 243
teenth century, “flocks” of women regularly followed traditional military camps and provided
various services to troops, mostly in terms of logistics, which were of vital importance for all
armies. Most of these military companions, were not, as is sometimes disparagingly assumed
“just prostitutes”, even though some undoubtedly were. These were, however, significantly
outnumbered by other categories and professions, for example, women who were mothers,
sisters, wives, fiancées, daugthers, or widows of soldiers, as well as women who worked var-
ious jobs that army needed, for example, cooks, healers, nurses, laundresses, seamstresses,
couriers, scouts, spies who gathered variety of information, servants, but also not uncommon
were armed and uniformed female soldiers. As a rule, these women originated from lower
social strata, so that their engagement in the army, like for their male counterparts, was for
them their source of existence.
There are also many documented cases (probably even more which have gone undocu-
mented), that during the eighteenth century (in the United States during the War on inde-
pendence) women sporadically managed to escape the attention of recruitment commissions,
and, disguised as men, took up uniforms and weapons to participate in combat. However,
after 1865, this practice was (at least in the US), put to an end thanks to the introduction of
regular medical checks, performed by qualified doctors.6
Whether because of increasing militarization of supportive service that provided the nec-
essary logistical assistance, or because of the introduction of the railways as a primary means
of military transport, it became increasingly impossible for military units to freely transport
the informal female companions of military camps, so this practice gradually declined. As a
result, armed units became more exclusively male than ever before. The end of Napoleonic
Wars in the early nineteenth century brought about with it the elimination of the final rem-
nants of traditional women’s military companion services, but also the complete exclusion of
women from all military and logistic uniformed roles. Armies became more professional and
bureaucratic, and therefore, exclusively male in their composition.7
The introduction of new types of relationships between women and armed forces, differ-
ent from the preceding female military companion with its origins in the medieval period,
arose. A milestone in this regard was Florence Nightingale with her troupe of nurses. These
women, who were motivated primarily by patriotic and humanitarian feelings, came from the
upper middle classes, and their presence in the wars of the mid-nineteenth century opened
the door for the progressive institutionalization of medical and logistical supportive roles of
women in armed forces during the two World Wars of the twentieth century.
DE FACTO EXCLUSION OF WOMEN

AND CULTURAL AMNESIA8
In the grand world wars of the twentieth century the systematic participation of women
in both support and fighters roles was evident, with the latter being prominent primarily in
revolutions, and liberation and partisan movements. During the two World Wars, women
neither systematically carried weapons nor participated in combat operations, with excep-
tions mainly in the Soviet Red Army (and some other minor cases). But in all cases, and
6 Van Creveld, Martin, 2000, The Great Illusion: Women in the Military, Millennium: Journal of
International Studies, Vol. 29 (2): 429-442.
7 Carreiras Helena, 2004, “Women in the military, a global overview; Gender and mlitray, A compaarive
study of the participation of women in the armed forces“, Figure 1.1.
8 Segal Wechsler Mady, 1995, Women’s Military Roles Cross-Nationally: Past, Present, and Future, Sage
Publications, Inc. Gender and Society, Vol. 9 (6): 757-775.
regardless of the roles women occupied, at the end of the war, they were expected to give up
their military status (and also the related military privileges) and return to their traditional
domestic roles. The new role of women in the armed forces during the World Wars was obvi-
ously only intended to be of limited duration. At the end of conflicts, in most countries their
presence remains minimal. The prevailing rule was social exclusion and omission of women
former soldiers. Women everywhere were generally immediately demobilized following the
end of a conflict, but unlike other countries where some of them remain still in times of peace
and rest in the armed forces with a special status, the presence of women in the Armed Forces
USSR became irrelevant.9
In the Soviet Union, Yugoslavia, Italy and France, many women participated in the various
resistance movements. In these roles, they were exposed to the same dangers and hardships
of war as men, survived all difficulties faced by men, and were often killed alongside men. But
when it came to opening fire on the invaders or piloting aircraft, women were still left on the
periphery. They were rarely involved in actual firefights with enemy forces on the front lines
due to, among other things, weapon shortages, with weapons therefore being firstly admin-
istered to men.10
Parallel to the demobilization of women after the end of wars and their deprivation of the
rights and privileges afforded to veterans, the process of developing a specific cultural amne-
sia, deliberate ignorance, contributed to the almost total oblivion of women’s participation
in wars. This has persisted until a new situation in the form of a threat to national security
has arisen. Then the history repeats itself yet again, and possibilities for women in the armed
forces are re-opened. More precisely, when armed forces need women, memories of their
previous military participation and involvement in the armed forces, their heroic deeds and
heroic characters are again evoked, in order to show that in every army a woman can effec-
tively perform duties across many different positions.11
In fact, the participation of women in the army began to be suppressed, restricted and
minimized from the first moment of gender integration in the military, when it became clear
that women had the capacity to meet the criteria required for all military duties.12 Historical
study of women’s military participation, however, shows that they have been systematically
excluded from combat operations in times of war, or participated in them only in exception-
al circumstances. And when they were involved, their participation has become invisible to
history, and therefore non-existent.13 This partial blindness of military historians to the role
of women has also been justified by the dominant methodological approach of military his-
toriography, which usually focuses upon battles. As McDonald puts it: “Most of the written
history is just endless presentation of wars, conquests and revolutions, driven battles and
signed treaties, military and political tactics, great leaders, heroes and enemies. In this his-
tory, women rarely figure.”14 Also a factor has been, of course, as in current times, irrational
rivalries emanating from men unwilling to face the fact of women’s ability to perform military
tasks with a success rate and level of professionalism equal to the average male soldier. There-
fore, it is important to analyze the factors that contribute to realisation in practice of increased
women’s interest for military service, as it is to analyze examples of successful female military
careerists.
9 Herbert Melissa, 1998, Camouflage Isn’t Only for Combat: Gender, Sexuality, and Women in the Military,
New York University Press, New York - London.
10 Van Creveld Martin, op.cit.
11 Carreiras, op.cit. Chapter I.
12 Harrell C. Margaret, Miller L. Laura, 1996, New Opportunities for Military Women Effects Upon
Readiness, Cohesion, and Morale, Santa Monica: Rand.
13 Carreiras, op. cit. Conclusion.
14 MacDonald Sharon, Holden Pat, Ardener Shirley, eds. 1988, Images of Women in Peace and War:
Cross Cultural and Historical Perspectives. Madison, WI: Univ. Wis. Press.
Before the abolition of a compulsory conscription system, armed forces were considered
a part of the traditional European male gender identity. During the first three quarters of the
twentieth century, with rare exceptions, all soldiers were men, and most men undertook mil-
itary service. As almost all young men in the first three quarters of the twentieth century had
to serve at least some sort of military service, the basic military training was deemed a specific
male rite of passage, as is also sometimes the case in the present day. Although the primary
objectives of the basic training were to transform civilians into soldiers, a secondary – but no
less important – military aim was to transform boys into men. Therefore, many continue to
see the military as an important way, and perhaps the most effective way, for achieving the
maturity of a man.15
CAUSES AND CONDITIONS OF WOMEN’S PARTICIPATION

IN THE ARMED FORCES OF MODERN TIMES
Women throughout the world have today begun to function as integrated members of
modern armed forces, previously exclusively male domains, only since the 1970s, but not
before. This process of gender military transformation might be seen as even deeper than the
introduction of nuclear weapons, mostly because there still are some skeptics who predicted
potential danger to national defense as a result.16 Since the seventies, women have begun to
enter armed forces with full military, professional status, begun to receive identical or similar
training to men, have been integrated into military education and granted access to a growing
number of army positions, with the result that the historical pattern of masculine exclusivity
of the armed forces has been significantly challenged.
There is always present a genuine desire of women to be professional soldiers, much high-
er than circumstances in the past allowed. 17 Those whose dreams are realized testify on this
wish,18 evidenced also by the willingness of women professional soldiers to withstand all mili-
tary efforts, often combined with rejection of the male community to accept them. Therefore,
all mentioned factors, are in fact those that allow the realization of these always existing,
strong aspiration of women to be soldiers.
A large number of causes and conditions are involved in determining the nature and ex-
tent of women’s military participation. Strong interaction effects between these independent
variables create the situation known in statistical terms as “multicollinearity”.19 Carreiras
identifies what she named as the “Segal’s model” of factors affecting women’s participation in
the military. According to this model, participation of women in military is affected by the
three groups of factors, Military, Social (structural) and Cultural factors. Military comprises
national security situation, military technology, military accession policies. Social includes
demographic patterns, labor force characteristics (women’s labor force participation and oc-
cupational sex segregation), economic factors and family structure. Cultural includes social
15 Lahelma Elina, 2000, “Going into the army: A gendered step in transition to adulthood“,Young Vol. 8 (4): 2.
16 Hong Doo-Seung, op. cit.
17 Pettersson Lena, Persson Alma, Berggren W.Anders, 2008, “Changing Gender Relations: Women
Officers’ Experiences un the Swedish Armed Forces“, Uppsala University, Sweden, Economic and
Industrial Democracy, Vol 29 (2): 212.
18 The first USA woman general Ann Dunwoody said: “From the very first day that I put my uniform
on, right up until this morning, I know there is nothing I would have rather done with my life,” she said.
Veterans Day, 2016, Seven Famous Women Veterans, Military.com.
19 Multicollinearity exists whenever two or more of the predictors in a regression model are moderately
or highly correlated. PennState, Eberly College of science, 2017, What is Multicollinearity?
construction of gender and family, social values about gender and family public discourse
regarding gender values.20
But among all of them, the military’s need for personnel was identified as the strongest
driving force behind the expansion of women’s military roles through history and across na-
tions. Cultural values supporting gender equality also contribute and seem likely to have in-
creased influence in the future. When there are shortages of qualified men, especially during
times of national emergency, most nations have increased (and will increase) women’s mili-
tary roles.21 Expanding economy framework also is seen as providing impetus for women to
join the military service. What in economic terms increases the interest of men in a military
career proportionally reduces the space available for the realization of women’s professional
military aspirations.22 High unemployment rates (especially among young men) are associ-
ated with a ready supply of men to serve in the armed forces and relatively low opportunities
for women in the military. Periods of low male unemployment, especially with volunteer mil-
itaries, sometimes lead to expanded military roles for women (and women more motivated to
join, especially if they are relatively disadvantaged in the civilian economy).23
Military factors. Together with social and cultural as peacetime factors, an important, if
not decisive, role is played by threats to national security. When there is a high level of insecu-
rity, there is increased military involvement, and therefore the number of military positions
available to women increase also. Whenever a society is faced with survival risks, women
take up arms and become fighters, with their participation being not only welcomed, but also
actively solicited. This happened throughout the entirely twentieth century: the two World
Wars, revolutionary movements, national liberation wars, during regime changes, and in dif-
ferent situations of border vulnerability and conflicts with decidedly superior enemy forces.
In this sense, the World Wars of the twentieth century were the turning point for the signifi-
cant entry of women into military formations. As another turning moment, the Persian Gulf
War should by all means be mentioned. Namely, had we not had the experience of the war in
the Persian Gulf,24 with public attention to women’s successful combat performance,
there would be more pressure even to reduce women’s military roles. Indeed, the Gulf
War increased political pressure to remove many barriers to women in combat.25
However, experience has shown that even in societies with low threats to national security,
but with egalitarian cultural values that support gender equality, women’s military participa-
tion increases, as is the case for example, with Canada, Sweden and the Republic of South Af-
rica,26 where a “women’s right to uniform”, is implemented in increasingly secure and
complete ways. It is important to mention that examples of good practice can also be
drawn from other, regional countries, especially those of, to Serbia similar mentality
and traditions, e.g. Spain, Italy and Greece.
20 Carreiras, op. cit. Figure 1.1.

21Segal Mady Wechsler, 1995, “Women’s Military Roles Cross-Nationally: Past, Present, and Future”,
Gender and Society, Vol. 9 (6): 757-775. Published by: Sage Publications, Inc
22 Duncanson Claire, Woodward Rachel, 2016, Regendering the military: Theorizing women’s military
participation, Security Dialogue 2016, 47(1): 3-21.
23 Segal, op. cit. 761.
24 The Gulf War (2 August 1990 – 28 February 1991), codenamed as “Operation Desert Shield”, also is
known as the First Iraque War or the Kuwait War.
25 Many of the 250,000 American women have been deployed to Iraq and Afghanistan on battlefields
where there are no clear lines, battlefields where every man and woman had to be a rifleman first.
Therefore, today, women are in combat; that is just a reality. Linehan Adam, 2016, Meet The Highest
Ranking Female General In US History, Task and purpose, 16. May.
26 Heinecken Lindy, 2002, “Affirming Gender Equality: The Challenges Facing the South African
Armed Forces“, SAGE Publications, (London, Thousand Oaks, CA and New Delhi), Current Sociology,
50 (5): 715–728.
International factors. There is also the substantial role and impact of international orga-
nizations to consider, such as the UN through its peacekeeping missions, composed of more
and more women; military alliances, e.g. the NATO countries, where women also have in-
creasingly more significant and more numerous military roles. All of these examples show
that international combat readiness does not decline when women enter armed forces. That is
why their role is becoming larger-scale and more visible, as is the latest example of the British
abolition of the prohibition of women fighting on the front line.
It is also necessary to mention the effects of good practice models based on comparative
law regulations in other countries, such as the latest lifting of the ban on women’s involvement
in frontline combats in the British Army. Women soldiers in the UK will eventually enter the
tanks and armored regiments on the front line, and in the next three years will gradually enter
into all other detachments. At the moment, women in the British infantry can operate on the
front lines, but not in direct contact with the opposing forces. The decision was made after
research on the physical ability of women to be engaged in infantry combat on the frontline,
strictly ensuring that the quality of the British armed forces will continue to be of the highest
class, as it has always been. The abolition of this prohibition is a major breakthrough that will
allow the armed forces to utilize all the skills and talents of women, and thus enable them to
carry out any military duties.27
The newly designed small hand weapons flooded into the “new war” sites of Asia, Africa,
Middle East and Latin American. Therefore, the last but not the least, among the international
factors, (also belonging to the changes in military technology), is to be mentioned the current
international innovations in hand weapons design, resulting in smaller and lighter, yet more
lethal small arms. It largely obviated the ever present discourses about whether women were
biologically unsuited for combat while these small arms are easily and efficiently used even
by children.28
WOMEN’S (MOVEMENTS) STANDPOINTS

As for women, wearing a military uniform is simply sometimes considered only as one of
numerous possible life options while for young men, going into the army is seen as a transi-
tion to adulthood. The transition was also regarded as a question of honor, or as a challenge:
‘finding out who’s man enough’. For young men this challenge is a normal, taken-for-granted
step in the transition. For young women, army can also be a challenge; but for them it is not
the same challenge, but rather something that makes them different from other young wom-
en. It is not a necessary life transition, but an option, only open to them if they fit the male
norm of fitness and endurance.29
The feminist movement is not unified and does not by any means play a factor support-
ing greater involvement of women in the armed forces. Pacifist feminists believe that wom-
en are, by their psychological constitution, essentially oriented toward giving and sustaining
life, peace, with care and concern for others, so women allegedlly are all in conflict with the
military profession. For example, the feminist pacifist attitude of Virginia Woolf demanded
gender equality not through enabling women to participate in fighting, but by releasing men
of military obligations.30 It follows that pacifists, in principle, oppose the army and are sur-
prised that some women, despite what they considered an essentialist “real woman’s nature”,
27 Beta, Tanjug, 2016, British army lifts the ban for women to fight on the frontline, Blic, 8. 7.
28 Moran H. Mary, 2010, “Gender, Militarism, and Peace-Building: Projects of the Postconflict Moment”,
The Annual Review of Anthropology 39:261–74.
29 Lahelma, op. cit. 7.
30 Heinecken op. cit. 715–728.
still want to serve in the armed forces. That’s probably why those women in the feminist
and peace movements still are frequently branded as politically naive, weak, and even falsly
patriotic.31 In contrast, although anti-militarist, radical feminists put forward a completely
opposite opinion and support involvement of women in the military, arguing that specific
characteristics of women contribute to changing the nature of war and the armed forces, and
that there is an insiders ability of women in the military to influence security policy and, more
importantly, the entire atmosphere of war.32
Very similar women’s interest in structural social and organizational changes may also
be evidenced when analyzing women’s reasons to join non-state armed groups. When com-
pared the reasons what make a person choose to support or fight for a non-state armed group
(NSAG), there are significant differences between men and women. Men join such groups
when having feelings of frustration, exclusion, and/or relative deprivation a grievance cen-
tered on political, economic, ethnic, and/or religious factors, plus, when there is a perceived
personal benefit–like power, money, or loot. Meaning, men decide to join because of “griev-
ance” or/and “greed”. Women are significantly more likely than men to be found in leftist
groups with an ideology focused on political and economic redistribution, and they are also
active in the vast majority of all groups that advocate women’s rights, but in both cases, they
prefer support (non-combat) roles.33
The question is, then, whether women have the right to be part of the armed forces, or
to put it differently, is there a women’s right to a military career, uniform, and all the associ-
ated attributes/privileges of this profession? In addition to assuming the affirmative answer
of feminist movements, it must be noted that women have not yet become an equal part of
the armed forces, a typically and traditionally male institution. But the longer the presence
of women in the armed forces, the better the access of the new generations of female soldiers
is facilitated, and their aspirations in terms of professional military careers are increasingly
being taken seriously. The fact that women can reach the tops of some professions strongly
motivates and encourages young women to opt for such fields of work, thus becoming one of
the key factors of increased female participation in the armed forces of a country.
THE PEAK OF SUCCESS - WOMEN GENERALS

In the US military, there are now more than 60 women generals, but recently the first
female US officer achieved a four-star general rank. There are women generals present in the
structures of the armies of Israel, Nigeria, Pakistan, United Kingdom, Algeria, the Philippines,
France, Croatia, and more. Below are some brief biographies of groundbreaking female gen-
erals around the world.
Canada.34 At the end of June 2016, 47-year-old Colonel Jenny Carignan (after whom is
coined the so-called Jenny Effect – the impact factor of individual examples of successful mil-
itary career women) was upgraded to the rank of brigadier-general (one-star general), thus
31 “When we think about the definition of a patriot, we generally think of a man, often a soldier who
defends his homeland, most especially his women and children, from dangerous outsiders”. Tickner
J. Ann, 1992, Gender in International Relations, Feminist Perspectives on Achieving Global Security.
New York: Columbia University Press. Chapter I: Engendered Insecurities: Feminist Perspectives on
International Relations.
32 Goldman L. Nancy, 1982, Female Soldier: Combatants or Non-Combatants? Historical and
Contemporary Perspectives, Greenwood Press, Westport.
33 Henshaw Alexis, 2016, Revisiting Rebellion: Why Women Participate in Armed Conflict, Political
Violence, 22. August, Center for Security Studies – Zurich.
34 Kembel Megan, 2016, Meet the world’s first female combat general, Maclean’s, June 3.
earning also the title of Chief of Staff of Army Operations. Although there are other Canadian
women generals, they had thus far been advanced from non-combat roles, such as medicine,
logistics, combat support, intelligence and administration. Carignan is the first woman in
Canada who attained her rank from a combat role, having served in areas of the world with
the most intense violence, which is a curiosity of its kind, because women in Canada were
prohibited from participating in combat operations until 1989. Carignan grew up in a Quebec
mining town, in a family where the jobs had never been divided along gender-specific lines.
Throughout her youth at the farm of her parents, she handled a chainsaw, worked with a bull-
dozer, drove heavy off-road vehicles, camped in the mountains and handled firearms just as
well as three of her brothers. Afterwards she acquired military education for the profession of
combat engineer – which comprised frontline duties such as clearing minefields, demolitions,
and raising various buildings and structures.
United States of America.35 Lori Robinson, an aviation general, took over the command
of the North Commands of the United States Air Force on 13th May 2016, becoming thus
the first highest rank female officer in the military history of the United States, leading the
unified command of combat units. Northern Command (NORTHCOM) is responsible for
the defense of the US homeland and surrounding countries. Also, under her command is the
North American Airspace Defense (NORAD). As the commander of NORTHCOM, Robin-
son is the highest ranking general in charge of the overall supervision of military activities
in North America. Between June 2012 and October 2014, she advanced in service as Deputy
Commander of the Central Command of the Air Force of the United States with two stars, the
commander of the Pacific Air Forces in the service of a four-star general, which is the position
with which she became the first woman four stars commander of combat forces.
Not to be forgotten is the fact that now-retired General Ann Dunwoody “smashed” in
2008 the so-called, “brass ceiling” when then-President George W. Bush appointed her as
head of the command for the purchase of material (equipment) for the US Army, making her
the first four-star woman officer.36
United Kingdom. The British Army also began promotion of women to its highest military
ranks. In 2012, Elaine West was promoted to become the highest rank that a woman had ever
had in the British Army, when she became Vice-Marshall of the Royal Air Force.37 Brigadier
Suzanne Ridge (52) was promoted to general-major in September 2015, after twenty-three
years of military service, thus becoming the highest-ranking woman ever in the military.
With this promotion, she will be the new Director General Army Legal Services in charge of
a team of 130 lawyers. Her promotion came at a time when the British Army was deciding
whether, for the first time, to open up frontline combat roles to women.
Women were not allowed till 2016 to participate in combat units in the field where the
primary role is to “get near and kill the enemy”. This policy means that women were till re-
cently forbidden from entering into the infantry battalions, armoured regiments and the Roy-
35 Linehan Adam, 2016, Meet The Highest Ranking Female General In US History, Task and purpose,
16. May. The appointment of Robinson to one of the highest positions in the US Army was a result of
her being the most capable officer, said the former Minister of Defense, Ash Carter, who attended the
promotion ceremony at Peterson Air Force Base in Colorado. He then expressed the hope that the
excellence she possesses would be a real inspiration for all women to become involved in the US Armed
Forces. Now Robinson is the highest ranking female member of the armed forces in the history of the
United States. While women have earlier reached the rank of four-star general - including Admiral
Michelle Howard, who currently serves as Deputy Chief of Naval Operations - none reached such a high
position as that of a commander of joint combat forces, as NORTHCOM is.
36 “From the very first day that I put my uniform on, right up until this morning, I know there is nothing
I would have rather done with my life,” she said. Veterans Day, 2016, Seven Famous Women Veterans,
Military.com.
37 Farmer Ben, 2015, British Army appoints first female general, Telegraph,6 July.
al Marines. However, Michael Fallon, former Secretary of Defense, said that he hoped the
ban would soon be overturned if this historical change would not damage the efficiency and
morale of combat units.
Croatia.38 With the promotion of Gordana Garašić,39 the Croatian armed forces entered
the growing club of states whose militaries have female generals. Gordana Garašić became,
in May 2015, the first ever female general in the history of Croatian army. She attended spe-
cialist courses and seminars in the US, the UK, Austria, the Czech Republic and Belgium,
in order to acquire specialist military knowledge, as well as the knowledge of legal aspects
of participation in peacekeeping missions and operations. She served in the Chief Office of
Staff40 and Head of the Division Operations before 2004.41 In the period between 2004 and
2008 she served as a military adviser to the Military Representation of the Republic of Croatia
to NATO. At that time, in 2006, she also passed the bar exam. She was, for the first time in
2010, appointed to the mission in Afghanistan, where she served as head of the Department
of Personnel Administration in the Regional Command North, and then as legal advisor of
the RCN42 commander. Gordana Garašić was the first person in the Armed Forces with such
a high rank who played such an active role in the NATO peacekeeping operation.43 After re-
turning to Europe, she worked as an assistant advisor to the Secretary for Defense until 2012,
when she was sent to the Dwight D. Eisenhower School for National Security and Resource
Strategy, part of the National Defense University, where she obtained a masters degree as one
of the legally prescribed prerequisites for future promotion to the rank of general.
“JENNY EFFECT” - SUCCESSFUL INDIVIDUAL CASES

OF WOMEN’S MILITARY CAREERS44
The term “Jenny Effect” comes from the Canadian Armed Forces, and is taken to mean an
increase in the number of women interested in professional military education and later mil-
itary service under the influence of success stories of previous generations of women officers.
Examples of women who have reached the highest ranks of generals in the armed forces of
their countries provide inspiration and models of behavior for today’s young women, and play
a decisive factor in them deciding on a military career, but also by their very existence send
the message that women can reach the highest ranks within the military profession. Other-
wise, in the Canadian army, women comprise only 2.4% of regular professional combat armed
forces, compared with 14.8% of their total presence in composition of the army.
It is believed that this “Jenny Effect” is responsible for a change of statistics in the Canadi-
an army, by increasing the involvement of women in combat armed forces, to which Colonel
Jenny Carignan acted primarily through her personal example, as a mother of four children –
38 Žabec Krešimir, 2015, First of General in the history of HV, Female power, 29. May.
39 First Croatian generalica was born 25 May 1970 in Zagreb. At the Faculty of Law, graduated in 1994
and started working at the Ministry of Internal Affairs in the Department for citizenship.
40 Head of the Cabinet chief of staff.
41 Head of operations in progress.
42 The Royal College of Nursing (RCN) Defence Nursing Forum (DNF) is the largest professional
organisation for defence nurses in the UK. The RCN had significant roles in recent wars in Iraque and
Afganistan.
43 On her second deployment to Afghanistan in 2014, she served as counselor at the headquarters of
Peace Support Operations of the ISAF mission. She has worked with the Afghan authorities, the United
Nations Mission to Afghanistan, NGOs and other organizations responsible for women’s rights. She has
organized trainings and support in working with the local authorities to integrate a gender perspective
in all aspects of life and work of the Afghan government and society.
44 Kembel, op. cit.
by defying stereotypes. Women joining the Royal War College jumped from 10 to 25 percent
between 2013 and 2015, at that time Colonel Carignan met with the girls who were interested
in military studies and their mothers at open doors days, and made numerous appearances
in the media in Quebec. She informed them, among other things, that now the students were
trained in correct sexual behavior. Carignan herself was a decisive factor in that part of mil-
itary training being established, which is another component of the “Jenny Effect”, and bears
proof that the army became a more friendly environment designed for women. Carignan has,
for example. recently pointed out to her colleagues that the current military education teach-
es males what is not acceptable in communication with women soldiers, but does not offer
any alternative. Therefore, in September 2016, the Royal War College reintroduced ballroom
dancing lessons, as an elegant form of military professional cooperation of both sexes.
CONCLUSION
There is always a desire of women to be professional soldiers, therefore, all the aforemen-
tioned factors, are just those that allow the realization of the always existing, strong aspiration
of women to be soldiers, in the current politically and socially changed world. The armed
forces have to be socially representative. The military is an organization that exercises and
manages violence legitimately, so their presence should be morally accepted and supported
by the people.45 But still, given the traditionally masculine nature of the military institution, it
is one of the last bastions of male domination and there still are forces resistant to gender in-
tegration. Also the increasing number of military women causes somewhere public resistance
because it challenges notions of masculinity and femininity. Therefore, the more egalitarian
the social values about gender, the greater women’s representation in the military. On the
other hand, cultures that support traditional divisions of labor based on gender will tend to
exclude women from the military or limit their roles substantially. As social values have be-
come more egalitarian in societies, women’s military roles have expanded.46
Today there is increasingly expressed the view that women have a “right to uniform”, as
the right to equal professional treatment in any field. Often it is the attitude that women inside
can change the character of the armed forces is acceptable even by women of pacifist orien-
tation. It can be concluded that for women’s participation in the armed forces, the army must
be perceived by the political elite, but also by the general population, as transformed, to be
more harmonized to the needs of women (or to what should be women’s needs). Otherwise,
women must be modified and be perceived as changed, in ways that make them eligible for
military service and the development of a military career. The meeting of both transformative
processes, somewhere at the “halfway point”, perhaps, might be a winning formula. Engage-
ment of all parties in the process of inclusion of women in the armed forces is important for
society as a whole, especially for its further equalization of general gender relations and the
expansion of professional opportunities for women in all working domains. Namely, women
in uniform from one side, and the army (whose salary they earn, whose uniforms they wear,
performing their military duties), from the other, both contribute to better inclusion of wom-
en in the armed forces.
Finally, it is more and more clear that men themselves are also insecure partly because of
the exclusionary, gendered way their own security has been defined. That’s why overcoming
gender inequalities in military is necessary, “not only for the security of women but also for
the realization of a type of security that does not rely on characteristics associated with the
45 Hong, op. cit.729.

46 Segal, op. cit. 770.
hegemonic masculinity that has produced a kind of security that can be a threat to men’s
security also.”47
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COMPARATIVE REVIEW OF HYBRID WARFARE
AND SPECIAL WARFARE
Nebojsa Nikolic1
Strategic Research Institute, Ministry of Defence, Belgrade, Serbia
Abstract: Hybrid warfare is a new term in the field of defence and security which
became very popular in a last ten years particularly. Initially, this new term has arised
from analyses of conflicts on the Middle East and Central Asia, but was powered
additionaly with contemporary crisis in Eastern Europe and Syria. Its provoking name
has attracted attention worldwide and accross many disciplines. Besides generaly
accepted definition still do not exist, available concepts and recognized characteristics
of hybrid warfare seems to be very similar to already existing forms. One of that is a
special warfare -a concept that was well known during the second half of the twenty
century. This paper aims to remind on already existing concepts, to find out similarities
and differences and to enable better perception and understanding of ongoing security
threats. Hybrid warfare erase borders between war and peace, regular and irregular
actions, information and disinformation, military and civilian. Similarly as in a case
of special warfare, activities in a hybrid warfare are characerized by complexity,
ambiquity, surprise, diversity, agitation, desinformation, denial of involvement, covert
actions, economic embargo, trade boycott, sanctions, etc. Due to the complexity of
hybrid warfare, a response actions have to be based on reliable sensing of security
sitiuation, objective perception and wise decision making. Effective national response
to the hybrid threats have to be based on a qualitative cooperation and coordonation
among all national resources and capacities appointed for national security and
defence.
Keywords: security, hybrid warfare, special warfare.
INTRODUCTION
Contemporary armed conflicts steadily change its character and evolve new forms and
aspect, bringing more steam and clouds in the „fog of war“. Almost every aspect of traditional
conflict is questioned. Initiator of conflict tend to avoid term „war“. Instead, some new terms
are involved: intervention, campaign, hymanitarian action, peace enforcement, democracy
implementation, liberation of threaten population, overthrough of tyrany, etc. Similarly, main
reason for hostilities is usually hiden while declared proxy is chosen so that justify hostile
actions and seems good enough for public and media. Clear physical framework of conflict
is blured as well. There is no clear start nor end of conflict as a whole, instead there is a serie
of phases with gradually distributred activities of crisis management. Initiator of the conflict
tend to gather on his side many other subjects, from nation states and international organiza-
tions, accross media, until nongovernmental organizations (NGO) and prominent individu-
als. At the same time, initiator of the conflict tries to make his object of attack to be as alone
as possible. Also, there is a tendency of „multi side“ that is, existence of more than two waring
1 [email protected]
256 Nebojsa Nikolic
parties, and a tendency of „many participants“, that is, many various subjects interested for
the conflict (NGO, media, humanitarian, peace makers, etc). In modern conflicts military
forces are not exclusive user of the force. Instead, there is a tendency to attach them a role of a
demonstrator of force or guardian and hold them behind, while other entities are more visible
(freedom fighters, tribal’s militia, people’ movements, etc.).
Hybrid warfare2 is one of the novel term which is, to say so, invented to ilustrate com-
plexity of modern conflicts. This term has got great popularity and has become widespread
across media, expert circles and attracted many research3 to deal with it. Originally, this term
arised from analyses of conflicts on the Middle East (a short war in 2006 between Israel and
Hesbolah). New wave of popularity of the term has come with contemporary crisis in Ukraine
and Syria. Media, politicians, analysts and a number of researchers have used extensively term
hybrid warfare while reporting about mention crises.
Generaly accepted definition of hybrid warfare still do not exist due to theoretical disputes
and diferences in terminology and perceptions. However, available concepts and recognized
characteristics of hybrid warfare seems to be very similar to already existing forms. In do-
mestic context, there is one of older concepts which is very similar to the concept of hybrid
warfare: it is a special warfare. Special warfare is a concept which was well known during
the second half of the twenty century in the former state of Yugoslavia. This paper aims to
remind on already existing concept, to find out similarities and differences and to enable bet-
ter perception and understanding of ongoing security threats. Hybrid warfare erase borders
between war and peace, regular and irregular actions, information and disinformation, mil-
itary and civilian. Similarly as in a case of a special warfare, activities in a hybrid warfare are
characerized by complexity, ambiquity, surprise, diversity, agitation, desinformation, denial of
involvement, covert actions, economic embargo, trade boycott, sanctions, etc. Ultimate goal
of all that variety of activities is influencing, or even changing a ruling regime in a country
which is chosen as an object of attack. Because of intricacy and ambiguity of hybrid warfare,
appropriate response actions have to be created on the basis of reliable sensing of security
sitiuation, objective perception and wise decision making.
ABOUT HYBRID WARFARE

Hybrid warfare owes its name to a broad blend of tools and methods which could be and
usually are, employed in a modern conflict. There could be a combined use of military and
non-military forces, intelligence operations, sabotage4 actions, economic sanctions, financial
conditioning, travelling and transportation bans, media spinning and disinformation, orga-
nized crime, religious questions, humanitarian issues, terrorist acts, insurgency, etc. Hybrid
warfare actions are applicable in a peace time but the best results are produced in a time of
crisis. In fact, hybrid warfare actions lead towards the condition of crisis.
Hybrid warfare is relatively novel term in studies and considerations of modern warfare.
Intriguingly-named phenomenon the “hybrid warfare” demands and deserves some termi-
nology clarifications before any further considerations. Being relatively new, notion of the
“hybrid warfare5” has provoked academic and experts’ discussions over last decade. Trying
to understand modern warfare researchers offered different views on the topic and evolved
some similar issues of modern warfare as well. There are some other terms similar to hybrid
2 Mattis, James, Hoffman Frank, “Future Warfare: The rise of Hybrid Wars”, Proceedings Magazine, 2005
3 Wither James, “Making Sense of Hybrid Warfare”, Connections: The Quarterly Journal, 2016.
4 Office of Strategic Services, “Simple Sabotage Field Manual”, Washington, D.C., USA, 1944
5 Hoffman Frank, “Conflicts in the 21st Century: The Rise of Hybrid Wars”, 2007.
COMPARATIVE REVIEW OF HYBRID WARFARE AND SPECIAL WARFARE 257
warfare as follows: chaoplexic6 warfare, swarming7, non-linear8 warfare, network-centric war-

fare9, etc. Some novel10 research in the military branch suggests classification of warfare as
follows: Unrestricted warfare, Compound warfare, Fourth Generation warfare, and Hybrid
warfare. No doubt, current findings and existing dilemmas on terminology, classification and
other aspects will be subject of further interest among researchers around the globe. However,
the subject of this paper is not primarily a discussion on terminological issues related to the
“hybrid warfare”, but rather on some aspects that could be more useful for understanding the
phenomenon, recognizing challenges and modalities for exploiting opportunities and coun-
tering hybrid warfare activities.
Hybrid threats and the need for countering them are recognized as an urgent need in the
European Union (EU) among other issues at the meeting on the Common Security and De-
fence Policy11 (CSDP), before intensification of conflict in the Middle East in the early fall of
2015 and terrorist attack in Paris in November 2015. Another EU document12 is exclusively
dedicated to the “hybrid threats”. It presents good foundation for further elaboration on the
topic. This document contains following structure: the context, defining aspect, vulnerabili-
ties identification, EU response (awareness, resilience, deterring and responding), and recom-
mended actions. Every structural element is supported with few explanations which will be
useful for further elaboration and avoiding misunderstanding.
Hybrid warfare is also a mix of war and peace, that is, it presents a continuum. Two prem-
ises are of interest here. First one is based on well-known Clausewitz’s saying that “War is
the continuation of politics by other means”. In other words, the politics and non-war state,
or peace, are the predecessors of war. The second premise is based on logical deduction as
follows: being the “continuation” of its previous state, war logically has some connections and
similarities with its predecessor’s state (peace). If the “hybrid warfare” is already identified,
then it could be legitimate to talk about the “hybrid politics” or, in wider context, about the
“hybrid peace”. Similar views on the war-peace continuality could be found in other research13
where it is pointed out as: “War as a Continuum”. In perception of Clausewitz writing war is
not an isolated event - there is a wider context and some preconditions and pre-events. As pol-
itics and peace are more complex, they are consequently more “hybrid”. That means there are
many potential challenges and modalities for generating hybrid threats and performing one
or more activities of hybrid warfare. The logic of things suggests that “hybrid warfare” is some
collection of deeply different activities undertaken in warfare, or: “a fusion of different forms
of warfare rather then a singular approach14”. In that sense the “hybrid warfare” presents com-
bined use of conventional, unconventional, irregular activities in warfare15. However, here is
not the end of the list and it could be continued with a set of other warfare modalities (that
already have legitimacy in the military field), as follows: cyber warfare, biological warfare,
6 Antoine Bousquet “The Scientific Way of Warfare”, Columbia University Press, New York, 2009
7 John Arquilla and David Ronfeldt, “Swarming and the Future of Conflict”, Rand Corporation, 1999.
8 Sean Edwards, “Swarming and the future of warfare“, Pardee RAND Graduate School, Santa Monica,
CA, USA, 2005.
9 Arguilla and Ronefeldt.
10 Timothy McCulloh and Richard Johnson, “Hybrid warfare” JSOU Report 13-4, Joint Special
Operations University, FL, USA, 2013.
11 Council of the European Union, “Council Conclusions on CSDP” Outcome of Proceedings 8971/15,
EU, 2015.
12 European External Action Service (EEAS), “Food-for-thought paper: Countering Hybrid Threats”
Report 8887/15, EU, 2015.
13 Margaret Bond, “Hybrid War: A New Paradigm for Stability Operations in Faling States” USAWC
Strategy research Project, 2007.
14 Davi M. D’Agostino, “Hybrid warfare”, report GAO-10-1036R Hybrid Warfare, US Government
Accountability office, 2010.
15 D’Agostino.
258 Nebojsa Nikolic
chemical warfare, etc. Further, there are a variety of other (not necessarily military related)
actions oriented towards the making damage to the opponent side as follows: trade war, cus-
tom war, economic sanctions, transportation corridors violations, social unrest stimulation,
political life blocking, corruption expansion, high level criminality, industrial sabotage, infra-
structure violation, panic and disinformation widespread, terror activities, assassinations, etc.
While there is no entirely new mode of warfare behind the term “hybrid warfare”, the
notion itself is good as a single designation that points out nature of changed and broadened
physiognomy of modern warfare and conflicts in general. Some practical forms of applied
activities which can be characterized as hybrid warfare, for the purpose of better illustration,
are as follows. Economical sanctions are aimed to plunge national economy, commerce, mar-
ket and industry primarily on a long term basis. Energy policy jamming is aimed at break-
ing power supplies and making damage in economy, transportation, heating, etc, in a very
short time. “Media war” means wide spectra of activities and measures: information distor-
tion, asymmetric reporting, biased reporting, exchange of roles offender-victim, inversion
of cause-and effect issues, demonization, lying, etc. Stimulation of division of the targeted
society across multi axes: ethnic, religious, language, political, etc. Isolation at international
level across lowering level of diplomatic relations, economic and transportation links, sports
connections, media coverage, military cooperation, etc. Pressures on the state representatives
to act as external force want. Social and strategic agenda changes through directing attention
at wrong or at least on unimportant issues, instead on adequate prioritization. Stimulating
corruptive behaviour, nepotism and negative selection in all public services is a kind of long-
term investment for future social eruptions, but also have short-term effects in the sense of
reduced quality of public services.
ABOUT SPECIAL WARFARE

Referential domestic literature16 from midseventies of twenty century contain a lot of ref-
erences related to the many aspects of today’s meaning of the hybrid warfare. Then the used
term was a „Special warfare“. The meaning was related to the wide spectra of various activities
that one subject has undertaken against the oposite side. The role of a subject was usually at-
tached to states. However, the subject could be also a group of states (multilateral or bilateral
aliances), or even a non-state actors. The matter of fact, non-state actors were usually related
to the resistance movements (national and ideological) which were actual in that time (the
middle of the second half of the twenty century). Today, non-state actors are perceived in
a much wider sense and could be: national, ideological, religious, related to the organized
crime, ecological, commercial, humanitarian, etc.
The spectra of applied activities contains all possible actions which could lead to the re-
alization of the goals. Those activities could be of various kind: political, economical, psy-
chological, propaganda, intelligence, subverzive, and military. All activities in special warfare
are carefuly created, planed, organized, coordinated and executed. These notes are applicable
today also, but with some additional aspect which exist or are enlarged today compared to the
past. For example, propaganda issues from seventies evolved in media influence and issues
today (globalised media, social networks, movies, music festivals, etc.).
Propaganda and psychology warfare17, as old terms used in the context of special war-
fare, gained huge development, change and enlargement from the decades after WWII up to
second decade of XXI century. Today, it becomes important, if not crucial, aspect of hybrid
16 Војна енциклопедија, том 9, друго издање, Војноиздавачки завод, 1975, страна 7
warfare. Old fashioned special warfare distinguished three kinds of propaganda18: white, grey
and black. Classification criterion was an estimated level of recognizing the main source of
information. Identification of the main source of information is crucial because it is obvious
that credibility of presented information will be proportional with credibility of the source of
information. Also, it is logically clear that presented information will be in line with interests
and values of the source of information. In case of the white propaganda it is known, who
is the source of information. In case of the grey propaganda, the source is not obvious but
it could be identified indirectly. And, in case of black propaganda the source of information
is not known, that is, it could not be identified with enough level of reliability. In general,
liberal relation with the truth (or lying) is much more possible in case of black propaganda
because the source, which is hidden, has large freedom of action without danger to lose cred-
ibility because of unfair, unethical or illegal behaviour. There are a lot of room for a various
propaganda activities as follows: biased informing, selective presentation, distortion of facts,
parody on values which are respected in a targeted society, belittling of opponent, spinning
and repeating, discreditation of opponent, revision of historical facts, revision of international
norms, demonization of opponent, and lying.
In order to make systematic view of many possible tools for realization of special warfare,
there is an analytic method from the Management science known as PESTLE analysis. In
order to point out similarities between special warfare (old approach) and hybrid warfare
(new approach), they are presented together in the Table 1 in the following section. One step
forward is done and in the last column of Table 1, where some proposals are given for possible
counter-actions.
HYBRID AND SPECIAL WARFARE IN PESTLE ANALYSIS

Acronym PESTLE is related to a simple but comprehensive analytical methodological ap-
proach which is based on analysing of various aspects related to the research subject. PES-
TLE analysis comes from the field of the Management science. Acronym PESTLE stands for
meanings as follows: P-Political, E-Economic, S-Social, T-Technological, L-Legislative, and
E-Environment). This is very simple and robust method which helps decision maker and
analyst to get clear and comprehensive picture of the problem under study. PESTLE approach
is useful particularly in some cases like as follows: early phase of the problem solving, fuzzy
description of the problem, messy requirements, unclear expectations of the solutions, com-
plexity of the problem, etc. In a methodologically sense, defining hybrid threat and finding
appropriate modalities of deterring and countering it is a good challenge for testing the power
of the PESTLE analysis.
Table 1. PESTLE analysis for hybrid and special warfare and counter measures
Factors Aspects, forms, actors Threats and challenges SW HW Deterrence and countering
1 2 3 4 5 6
260 Nebojsa Nikolic
* ** Transparency
Misinforming
Officials * ** Public relations
(government lead- * ** HR management
ership, members of Black-mailing
parliament,..) * ** Public security
Spinning * ** Responsibility
* ** Legality
Processes Blocking
* ** Negotiations
(making laws and
regulations) Ignoring * * Consistency
Impositions * ** Lobbing
Isolation ** ** Allies finding
P-Political
International Affairs
Tensions impositions ** ** Active peaceful politics
Public security erosion * ** Awareness improvement
Strengthening border
Border porosity * ** police
Internal Security
Advancement of proce-
Confusing crises man- * ** dures and decision maker
agement training
Arms race ** * Priorities trade-off
Demobilization forcing * ** Smart recruitment
National security Demilitarization * ** Optimizing resources
(Defence)
Bureaucratization * * Optimizing management
Decline of standards * * Sustaining high quality
Public debt Conditioning * ** Restrictive budget politics
GDP Economic sanctions ** ** Diversification
E-Economic
Monopolies ** ** Liberalization
Living costs Supply chain Interrup- * ** Market stability
tions * ** Infrastructure protection
Inflation, taxes Distrust * ** Stability
Unemployment rate Social turmoil * ** Economic grow, Social aid
Corruption * ** Accountability
Values, lifestyle Nepotism * ** Transparency
Negative selection * ** Positive selection
S-Social
Ignoring * ** Promotion
Cultural identity
Oblivion * * Memorial
Education Erosion * ** Nurture
Religion Mockery * * Respect
Sabotage ** * Safety prevention measures
Production Dirty technology High standards require-
* **
T-Technological
import ments
Power supply Sabotage ** ** Safety prevention measures
Sabotage ** ** Safety prevention measures
Water supply
Pollution ** ** Safety prevention measures
Research & Develop- Obstruction * * Cooperation
ment Theft ** ** Prevention
L-Legal Business rules Unpredictability * * Stable, long term

Taxation rules Frequent changes * * Constant
Employment rules Uncertainty * * Syndicate strengthens
Weather & climate Misuse of disasters * * Emergency management
E-Environ-
Pollution, contami- Detection & Warning

Man-made accidents * *
mental
nation system
Infrastructure Violation * * Protection
Energy availability Interruption * * Diversification
Each aspect in the PESTLE analysis may have more or less detailed structure. In that sense,
content presented in Table 1, is not final but may have some additional elements. Which as-
pect will be more or less analysed and worked out in more details, depends on estimation of
vulnerabilities and strengths of the object (state, alliance, nation, organization, group or even
an individual). After identification of singular topics for each aspect, next phase of PESTLE
analysis is rating of the identified issues, estimation of the likelihood of the events realizations,
and prediction of possible implications considered through analysis. Depending on the re-
quired level of details some elements of the cycle may be omitted.
How it seems in practice when developing different aspects in more detail? For exam-
ple, let start with “P” (Politics). P-Politics may have many aspects and actors: political deci-
sion makers and administration on power; political parties (registered, parliamentary, and
non-parliamentary); citizens; non-governmental organizations; academics and think-tanks;
international organizations; etc. Hybrid warfare activities may take different shapes related to
the political sphere, for example: influencing decision makers (state officials, public figures,
journalists) in a broad range (informing, misinforming, black-mailing, etc); confusing and
spinning of population; imposition of irrelevant topics; lobbing; etc. When set of threats is
generated, together with wider analysis on identification of possible actors interested for the
subject, it is much easier to define appropriate counter measure taking in a count all limita-
tions and available resources. Data presented in Table 1 are given as a hypothetical example,
while for real cases the table review will be certainly more detailed. Discussion and elabora-
tion of other PESTLE “letters” are omitted here as not so much necessary in the methodolog-
ical sense.
IMPLICATIONS FOR SECURITY SECTOR

Due to richness of hybrid warfare manifestation, many aspects could be hypothetical-
ly evaluated or empirically analysed. An excellent novel example19 has demonstrated power
of open intelligence used in mapping social and technological network of a small European
country, its armed forces and critical infrastructure. Social networks were used to identify
personnel of military units and crows of main battle platforms, including theirs private per-
sonal status and family members. Similar approach has been used for identifying weak points
of critical communicational infrastructure at national level.
The purpose of the special warfare was to obtain successful imposition of the own will
and realization of proper goals. Usually it is considered that a regime change in a targeting
country will obtain fulfilment of own goals. Figure 1 depicts this, through gradual activities
aranged as a cycle. Ultimate goal of all spectrum of hybrid warfare is related to influencing, or
19 Van Haaster Jelle, Roorda Mark, “The impact of Hybrid Warfare on Traditional Operational
Rationale”, Militaire Spectator, 2016.
262 Nebojsa Nikolic
even changing a ruling regime20 in a country which is chosen as an object of attack. It could
be achieved in a more then one way. Traditional way of regime change assumes that with a
change of a regime exponent (suppreme ruler) the state policy will be changed. However, hy-
brid approach suggests that the state policy could be changed toward desired direction, with a
transition of willl, values and actions of the supreme ruler. So, the topic „Regime change“ on
the Figure 1, in fact means: „Regime behavior change“. Which one of the many potential tools
will be used as a „fuel for change“ depends on the characteristics of each particular situation
in the targeted country. It could be endemic coruption, religious tensions, ethnic conflicts,
authocratic rule, lack of democracy, election irregularities, economic crash and other affears.
Selection of particular issues comes after extensive intelligence and detailed mapping of vul-
nerabilities. Variety of options is considered through PESTLE analysis.
Figure 1. Regime change cycle

What is the best answer to the hybrid threats? “Prevention represents the best possible
means of countering hybrid warfare21“. This statement is a good reason for analyzing the hy-
brid peace as a predecessor state of war state. In the same paper it is pointed out that the Secu-
rity Sector Reform (SSR) is one of the measures that have potential to prevent destabilization
of state. It is not accidentally that SSR is frequently22 pointed out as one of crucial activities
in UN missions for stabilizing states and societies. Regardless on different context (UN vs.
EU) there is a lot of space for improvement of SSR in the European countries. However, SSR
has to be planed and performed in a smart way and to produce sustainable results that brings
20 Korybko Andrew, “Hybrid Wars: The Indirect Adaptive Approach to Regime Change”, 2015.
21 Peter Pindják, “Deterring hybrid warfare: a chance for NATO and the EU to work together?” NATO
Review. 2014.
22 UN Security Council, “Security Council Resolution 2151 on Security Sector Reform”, 2014.
higher quality and reduces, not enlarge, set of problems by numbers and size. Considering
the defence issues in the context of the SSR, it is known also as the military transformation.
And this is a phenomenon by itself (problem of finding optimal or at least sustainable and
functional shape, structure, composition and size of large hierarchal organizations of specific
purpose (security and defence) in public sector). Hybrid warfare has gained recognition even
in formal documents23 for national security and defence.
In wider literature it could be found some concrete suggestions about countering hybrid
threats that are defined for the specific national context. For example, one of possible approach-
es to preparing and responding to the hybrid threats is as follows24: Improving early warning
systems and situational awareness; strengthening national defence capabilities; increasing alli-
ance (partners) presence; redefining resources; testing decision-making procedures; increasing
resilience against malicious propaganda; Strengthening social cohesion and democracy. Due
to the complexity of hybrid warfare, a response actions have to be based on reliable sensing of
security sitiuation, objective perception and wise decision making. Effective national response
to the hybrid threats have to be based on a qualitative cooperation and coordonation among all
national resources and capacities appointed for national security and defence.
CONCLUSION
Intriguingly-named phenomenon of the hybrid warfare requires wider analysis method-
ologically and logically. In spite of popularity of the term it could be concluded that the hybrid
warfare is not new phenomenon. It is very similar to the special warfare definition and per-
ception in our country in the second half of the twenty century. Some ideas are presented as
possibly helpful in a challenging task of identifying and countering hybrid threats and actions
and getting the more comprehensive picture of series of ostensibly independent events. Hy-
brid warfare will have certainly important implications on the security organizations. Force
generation, preparation, equipping, training and sustaining have to adapt to the requirements
of hybrid warfare, but under limitations and in the framework of the hybrid politics and
peace. Effective national response to the hybrid threats have to be based on a qualitative coop-
eration and coordonation among all national resources and capacities appointed for national
security and defence.
One of directions of future research certainly has to be realted to finding and creating
appropriate measures for countering hybrid warfare. First logical step is to find own weakness
points and to estimate risk level related to each of those vulnerabilities. Second, interorgani-
zational coordination and cooperation is needed, particularly accross diferent ministries and
government agencies. This „whole-of governemnt-approach“ is of crucial importance in effi-
cient engagement of national resources. But, this is also important at international level par-
ticularly in regard of some specific aspects of hybrid threats which also have beyond-the-bor-
der- character. Third, national resources for opposing to hybrid warfare are obvious manda-
tory element for any kind of response. This refer to all kinds of the armed forces, but also to
the civilian elements. This implies well trained and equiped military and police personnel,
sophisticated and clear procedures, and civilian structures which practice appropriate level of
preparedness. Due to complexity of hybrid threats, and tough economic situation in public
service financing in many countries, top decision making has to apply a careful balancing in
a deployment of scarse resources.
23 The Federal Government, “White Paper on German Security Policy and the Future of the Bundeswehr”,
Germany, 2016.
24 Maigre Merle, “Nothing New in Hybrid Warfare: The Estonian Experience and Recommendations
for NATO”, 2015.
264 Nebojsa Nikolic
REFERENCES
1. Arquilla John, Ronfeldt David, “Swarming and the Future of Conflict”, Rand Corporation,
National Defense Research Institute, (1999)
2. Bond Margaret, “Hybrid War: A New Paradigm for Stability Operations in Falling States”
USAWC Strategy research Project, 2007
3. Bousquet Antoine, “The Scientific Way of Warfare”, Columbia University Press, New York,
2009
4. Council of the European Union, “Council Conclusions on CSDP” Outcome of Proceedings
8971/15, Foreign Affairs Council, EU, (18 May 2015).
5. D’Agostino Davi M., “Hybrid warfare”, report GAO-10-1036R Hybrid Warfare, US Govern-
ment Accountability office, Washington DC 20548, (September 10, 2010).
6. Edwards Sean, “Swarming and the future of warfare“, Pardee RAND Graduate School, San-
ta Monica, CA, USA, (2005).
7. European External Action Service (EEAS), “Food-for-thought paper: Countering Hybrid
Threats” Report 8887/15, Council of European Union, EU, (13 May 2015).
8. Hoffman Frank, “Conflicts in the 21st Century: The Rise of Hybrid Wars”, Potomac Institute
for Policy Studies, Arlington, Virginia (December 2007)
9. Korybko Andrew, “Hybrid Wars: The Indirect Adaptive Approach to Regime Change”, In-
stitute for Strategic Studies and Predictions PFUR, 2015.
10. Maigre Merle, “Nothing New in Hybrid Warfare: The Estonian Experience and Recom-
mendations for NATO” Policy Brief. Foreign Policy Program. GMF – The German Marshall
Fund (February 2015).
11. Mattis, James, Hoffman Frank, “Future Warfare: The rise of Hybrid Wars”, Proceedings
Magazine, US Naval Institute, 132/11/1233, November 2005.
12. McCulloh Timothy, Johnson Richard, “Hybrid warfare” JSOU Report 13-4, Joint Special
Operations University, FL, USA, (2013).
13. Miller Michael, “Hybrid Warfare: Preparing for Future Conflict”, Air War College, Air
University, research report, 17 February 2015.
14. Office of Strategic Services, “Simple Sabotage Field Manual”, Washington, D.C., USA,
1944.
15. Pindják Peter, “Deterring hybrid warfare: a chance for NATO and the EU to work togeth-
er?” NATO Review, July 2016.
16. The Federal Government, “White Paper on German Security Policy and the Future of the
Bundeswehr”, Germany, July 2016
17. UN Security Council, “Security Council Resolution 2151 on Security Sector Reform”,
2014.
18. Van Haaster Jelle, Roorda Mark, “The impact of Hybrid Warfare on Traditional Opera-
tional Rationale”, Militaire Spectator, 185(4), 175-185, 2016.
19. Војна енциклопедија, том 9, друго издање, Војноиздавачки завод, 1975, страна 7.
20. Војна енциклопедија, том 7, друго издање, Војноиздавачки завод, 1975, страна 389
21. Војна енциклопедија, том 7, друго издање, Војноиздавачки завод, 1975, страна 512.
22. Wither James, “Making Sense of Hybrid Warfare”, Connections: The Quarterly Journal,
15(2), 73-87, 2016.
THREAT ASSESSMENT APPROACH
AND SCHOOL SECURITY
Željko Bralić, PhD1
associate professor, University of Belgrade – Faculty of Security Studies
Ljubinka Katić, PhD
assistant professor, University of Belgrade – Faculty of Security Studies
Violeta Orlović Lovren, PhD
associate professor, Faculty of Philosophy, University of Belgrade
Abstract: The text deals with some characteristics, principles, and instances of threat
assessment approach application in school milieu. Basic notions of this contemporary
approach are described and analyzed, with some actual implications of the approach to
the field of school security. Threat assessment approach application is briefly presented
and reviewed, with an intention to point out some principal faculties, but also some
potential and actual deficiencies of this approach in the field of school security.
Text also presents the classic paradigm derived from Safe Schools Initiative model
molded by U. S. Secret Service. With all positive and some questionable contributions
to school safety, model presented in the text generally lack substantial and essential
understanding of the school as a specific educational institution, with a uniqueness
that remains basically unknown for the security experts as the main or exclusive
authors of the model presented in this work. Starting from that viewpoint, however,
authors accentuate the urging need for some recommendations originating from
any of the school security models and approaches available, with more awareness of
intrinsic attributes of school as a primarily educational institution, including school
climate and social background, educational traits and strains, the psychological and
behavioral conduct of school members in close and wider social circumstances.
Keywords: school, threat, threat assessment approach, security.
Violence is a serious threat to education.

Chester & Tammy Quarles
INTRODUCTION
In various considerations of numerous security issues and threats emerging in past de-
cades, many authors focus particular attention towards the issues related to potential and
current safety threats in school, as a primary educational institution. Some very dramatic and
tragic events, such as armed assaults on the school institutions, students, and teachers, some-
times accompanied by mass killings, seem to indicate an increasing need for greater attention
of security experts, security services and forces and educational authorities, educators and
teachers, school administration, leadership, and management.
1 e-mail: [email protected].
266 Željko Bralić, Ljubinka Katić, Violeta Orlović Lovren
The analysis of safety threats’ types and forms in schools in growing volume of literature
fail to achieve uniformity and congruence, one of the reasons being that various sources ap-
proach this phenomenon, growing in its importance, from different stances. For instance,
various professional circles had failed to develop a common approach in this security threat
definition, data acquisition, monitoring, and analysis. Therefore, it is cumbersome to com-
pare various data (regardless of the relative volume), thus drawing far-reaching conclusions
on the trends that need to be plotted for the successful development of potential models and
approaches for the prediction and prevention of various security threats and risks impacting
school safety are very hard to reach.
Some of the authors and teams had made more or less successful attempt to start from
their own data analysis approach and identify certain tendencies and trends in this field,
therefore this text will mention and analyze some of those attempts. Apart from that, we
shall attempt to indicate fundamental assumptions, elements, and principles of one of the
responses to school safety threats – the so-called threat assessment approach. Specific traits,
previous application, and possible results provide a broad analysis and evaluation field, with
numerous elements indicating advantages and disadvantages of this approach. Therefore, the
achievements of this approach will also be subject to findings and evaluation below, which
may bring forward some recommendations that may potentially extend the existing school
safety models and approaches.
SAFE OR UNSAFE SCHOOL?

Attempting to clearly delineate the field of analysis to accessible and notable phenomena,
for the purpose of clarity and practicability, we shall mostly tackle some of the most severe
school safety endangerment forms. On the one hand, such forms and cases are covered by
the greatest volume of relevant data collected, due to their dramatic nature and severe con-
sequences attracting the general public and the professional attention; while, historically, the
threat assessment approach is the recommended approach to achieve the safe school under
the major program (campaign) for the safe schools in the USA, initiated due to the growing
frequency of the events designated targeted school violence.
Undoubtedly, increased focus on the school safety issues in past years and decades was
motivated by the fact that the effects of crisis situations in schools towards the community mem-
bers, broadcasted by the mass media, especially in severe cases, are traumatic, causing harsh
and emotional response of public, creating the image of very low children safety level, circum-
stantially bringing forward political consequences2. Evaluations and/or impressions on a “very
low safety levels” may also be compared with the data and findings from some of the highest
quality studies available tackling school violence.
Speaking of the most severe armed assaults in schools, noted as the rampage school shoot-
ings, Böckler and associates3 clearly indicate a growing trend of such events, pursuant to the
data collected globally in 2011. There is also a growth in school shootings frequency and se-
verity. A sample of 120 attacks inflicted from 1925 to 2011 clearly indicates that 104 of them
(86.67 % of total) had occurred in past three decades (1980’s, 1990’s, and 2000’s); thus one
aspect of this trend may be presented in the following manner, using the data from Böckler
and associates4.
2 Kešetović, Toth, Toth. 2014: 188.

3 Böckler, et al., 2013: 8–11; Bralić, Katić, Orlović Lovren, 2016: 32–34.
4 Böckler, et al.: 2013: 12.
THREAT ASSESSMENT APPROACH AND SCHOOL SECURITY 267
Table 1. Rampage school shootings in the United States and elsewhere 1981 – 2011.5
Number of attacks U. S. elsewhere total
1981
1981
1982 2
1983 1
1984
1985 2
1986 2
1987 1
1988 3
1989
1990
1981–1990 11 11
1991 1
1992 4
1993 2
1994 4
1995 2
1996 5
1997 4 1
1998 4
1999 4 3
2000 1 1
1991–2000 27 9 36
2001 4 2
2002 3 4
2003 1 3
2004 2 1
2005 3 2
2006 4 2
2007 4 2
2008 4 5
2009 2 4
5 Processed and adapted from: Böckler, et al., Op. cit. (authors’ remark).
Number of attacks U. S. elsewhere total

2010 3 2
2011 1 3
2001–2011 31 30 61
1981–2011 69 39 108
The data on growing number of fatalities and casualties per individual attack are also a
cause of concern; the number of fatalities doubled (from 1.2 to 2.4), while the number of ca-
sualties more than doubled (from 2.5 to 5.9)6.
The data above clearly indicate that the severe school violence issues are the most notable
in the US schools, according to Böckler, et al., out of 120 attacks reviewed, as many as 76 or
63.33 % occurred in the United States, with 44 attacks (36.66 %) occurring in all other coun-
tries. Furthermore, just three highly developed countries – United States, Germany (8 attacks,
6.66 %) and Canada (7; 5.83 %) account for over three quarters (75.83 %) of the attacks that
had occurred worldwide (91 out of 120). 104 attacks had happened in past three decades, by
2011 (86.67 %7).
Numerous other data sources indicate the growth of the issue, and the alarming scale of
school violence threat, especially in the United States. This indicates an increasing number of
severe and the most severe crimes happening in schools, decreasing age of offenders, thus the
estimate that violence is a serious threat to education8 is not without a foundation. The school
children age is linked to victimization in an astounding manner – the younger you are, the
greater your risk9. In the year preceding the war in Iraq, 116 preschoolers were casualties of
firearms, which is more than a number of police and military casualties on duty during the
same period; more young Americans were injured by firearms in thirteen years of peace pe-
riod in the US than in Vietnam war; the number of child firearm casualties in the US grows
annually since 1950; 25 children become murder victims every two days in the US10. Authors
also note the list of recent school shootings that occurred in the US schools from 1979 to 2010
(xiv–xvi); we extracted that it lists 94 attacks, with 120 fatalities and 139 casualties11.
Part of the problem credibly indicated by some (or many) authors is the fact that the
school, being an institution that gathers many on a daily basis, becomes potentially suscepti-
ble to a myriad of security threats; it mostly assembles children and youth, it gets increasingly
susceptible and vulnerable to various forms of threats and crises. In fact, this vulnerability of
the population, combined with its symbolic value and meaning, visibility and accessibility, along
with a relatively weak defense system, makes them an “easy target”, turning educational insti-
tutions nearly ideal target for various types of malevolent human actions12. It is clear that the
schools are not and cannot become fortresses or army barracks, not being established for the
defense; instead, they are (should be) open places for learning and teaching13.
6 Böckler, et al., op. cit.: 12; Bralić, Katić, Orlović Lovren, 2016: 34.
7 Bralić, Katić, Orlović Lovren, 2016: 32–33, from the table in Böckler, et al., op. cit.: 10, fig 1.3. However,
the same source, p. 12, fig. 1.4, indicates that 108 (not 104) attacks had occurred between 1981 and 2011
(as much as 90 %).
8 Quarles, Quarles, 2011: xiii.
9 Op. cit.
10 Op. cit.: xiv.
11 Authors note: Injuries less than five per event were not recorded in the statistical data referenced here
(Op. cit.:xvi).
12 Kešetović, 2012: 32.
13 Op. cit.
THREAT ASSESSMENT APPROACH IN GENERAL

The threat assessment approach is one of the models for opposing security threats, pro-
moted and used in the various contexts over the past decades. It emerged predominantly
within the US Government agencies: the U. S. Secret Service (USSS), the Federal Bureau of
Investigation (FBI), also accepted by the Department of Homeland Security (DHS).
Threat assessment is a process of identifying, assessing and, managing the threat that certain
persons may pose to Secret Service protectees. The goal of threat assessment is to intervene before
an attack can occur14. The process is implemented in three steps, with each being taken before
the assailant attempts an assault, starting from (a) identification of a person with intent, idea
or plan to commit an assault; over (b) assessment of the degree of threat posed by the individ-
ual, using a volume of information; down to (c) the process of managing the threat potentially
posed by the individual (threat identification – threat assessment – threat management).
In general, this approach is a constitutive part of the so-called homeland security plat-
form today, within the risk analysis and management for critical asset protection. This model
covers asset characterization and screening, threat characterization, consequence analysis,
vulnerability analysis, threat assessment, risk assessment15. Within the homeland security
platform, established after 9/11 attack, the emphasis is obviously on the terrorist attack threat.
However, the model we refer to as the threat assessment approach was not initially desig-
nated for defense against the terrorism, or the school threat defense. Primarily, this model was
dedicated to the prevention of assassination of national leaders by the USSS in early 1990’s.
Gradually, the USSS experts’ circles had grown a prevailing standpoint that this model is
suitable for other forms of targeted violence crimes, so by the late 1900’s, further development
led, for the first time, threat assessment duties to almost every law enforcement department in
the country16. The implementation of this approach required the development of a new way
of thinking and a new set of skills for criminal justice professionals. These investigations involve
analysis of a subject’s behavior and examination of patterns of conduct that may result in an at-
tack on a particular target(s). The level of threat posed by a given subject at a given time becomes
a central concern in the investigation and management of the case.17
The most fundamental, basic provisions of threat assessment may be identified through
the following claims or facts.
1. All threats and all threateners are not equal.
2. Most threateners are unlikely to carry out the threat.
However, it is understood that all threats must be taken seriously and evaluated18.
Basic principles of threat assessment approach, in brief, are as follows19:
1. Targeted violence is the result of an understandable and often discernible process of
thinking and behavior. Acts of targeted violence are neither impulsive nor spontaneous.
During a certain period, the offender considers and selects a target, assault time and access to
the target, as well as the means of assault. Commonly, the offender reveals his/her intentions
and plans to certain individuals in his/her vicinity, in different manners.
2. Violence stems from an interaction among the potential attacker, past stressful events, a
current situation, and the target. Experts no longer focus primarily on an individual; instead,
14 Vosekuill, et al., 2004: 5.

15 Allen, Derr, 2016: 2–6.
16 Borum, et al., 1999: 327.
17 Op. cit.
18 O’Toole, 1999: 6.
19 Borum, et al., 1999: 329–330.
they are attempting to achieve a “situational/contextual” analysis and comprehension of

threat.
3. A key to investigation and resolution of threat assessment cases is the identification of
the subject’s “attack-related” behaviors. Discrete behaviors that precede and are linked to their
attacks (thinking, planning, logistical preparations) may be noted and recognized. Offenders
often give away some discrete signs linked to ideas and plan to commit a specific attack and
noticing and identifying such signs may be determinant to the threat assessment.
THREAT ASSESSMENT APPROACH IN SCHOOLS

The authors from the USSS and the FBI mostly acknowledge that the leading cause of ac-
tion for improving school safety in the United States was the mass crime in Littleton, Colora-
do. On April 20th, 1999, two offenders (eighteen-year-old Eric Harris and seventeen-year-old
Dylan Klebold) killed 12 students and one teacher with firearms, and wounded 23 persons
in the Columbine High School, and committed suicide afterward. This tragic event, compre-
hensively mediatized and present in public speaking and public space of the United States,
led the governmental services and agencies to initiate the program (or the campaign) entitled
the Safe School Initiative. With the secondary role of the US Department of Education, the
program was led by the USSS.
Note that the working group that had implemented the Initiative examined (as little as) 37
cases of targeted school violence that had occurred from 1974 to May 2000. The preliminary
findings were published in 2000, and the final report was published in 2004, entitled The final
report and findings of the Safe School Initiative: Implications for the prevention of school attacks
in the United States20. In a relatively short period, the working group performed research and
analysis, comparison of different models and approaches, and came up with recommenda-
tions for school safety improvement. During the following years, the author teams of the
Initiative published numerous texts attempting to clarify their recommendations and conclu-
sions, without significant improvement to the models proposed.
The following models or approaches for prediction and prevention of targeted school vi-
olence were analyzed:
1. Prospective profiling. In the context of school-based threat assessments, the strategy of
profiling is prospective. A profile or description of the typical „school shooter” is compiled from
characteristics shared by known previous perpetrators21, as opposed to retrospective profiling
(FBI Behavioral Science Unit), which starts from the crime scene, attempting to unveil the
significant characteristics of the perpetrator.
2. Mental health assessment. This model relies on the mental health professionals, mostly
deficient in the formal training in violence risk assessment. Additionally, it was estimated that
the psychological tests are not appropriate for the threat assessment of school-based targeted
violence.
3. Automated decision making, actuarial formulas and expert systems related or based
on artificial intelligence and artificial intuition. These advanced approaches, algorithms, and
programs in the field of targeted school violence are yet to be developed, thus the application
of actuarial formulae to questions of school violence is essentially hypothetical22.
20 Vossekuil, et al., 2004.

21 Randazzo, et al., 2006: 148.
22 Op. cit.: 150.
All of the briefly mentioned approaches from the authors’ recommendations were reject-
ed, to promote the threat assessment approach as the recommended model. After the authors
team had completed research, analyses and came up with conclusions and recommendations
relatively swiftly, they came to the conclusion that this was an attempt to offer satisfactory
response to major requirements relatively fast, thus the solution was forced to adjust and
utilize an existing model developed for studying a different type of threat in prediction and
prevention of targeted school violence. This attempt was evaluated in our previous text23 as
incomplete and inappropriate, with the indication of some shortcomings briefly list-
ed below.
1. Imposed haste to realize the initiative yielded the results visible to the public with
insufficient quality, thus the hidden objective of the initiative was to appease the public by
contracting authorities and experts from significant governmental services and agencies.
2. Without any explanation, the report lacked some of the most elementary data on
targeted school attacks, such as the number of fatalities in 37 attacks examined.
3. The data were presented in an incomplete, unclear and non-uniform manner.
4. The authors avoided stating an opinion on some of the potentially significant factors,
such as firearms accessibility.
5. The report also neglected some of the important socio-cultural elements, such as media
treatment of violence in general and targeted school violence in particular.
6. The authors lacked substantial and essential understanding of the school as a specific
educational institution, with significant pedagogical, psychological and micro-social
singularities that remain basically unknown to the security experts as the main authors of the
recommendations promoted and presented in the report.
ONE STEP BEYOND

Pursuant to the entire Safe School Initiative program shortcomings identified, we may
indicate some of the significant elements that should be considered in molding the model for
school safety improvement.
Fundamental understanding of the specific traits of school as an educational institution
indicates an appreciation of additional important factors that any model of this type needs
to encompass. It was shown that the models devised by the USSS and the FBI had seldom
if at all, considered important traits of school. One of such traits, presented in a superficial
and mechanistic manner, was the school climate which was, nevertheless, to a greater extent,
mentioned in a guide resulting from the Final Report above – Threat assessment in schools: A
guide to managing threatening situations and to creating safe school climates24.
An indication of the school climate importance was due to the fact that most of the offend-
ers of the most severe and the most tragic armed attacks in schools were current or former
students. This rule also applies globally. For instance, the overview of 12 attacks committed in
different countries between 1999 and 2011 indicated that all offenders were current or former
students (6 current, and 6 former). In these attacks, there were 61 fatalities and 81 casualties,
with 8 suicides25.
The recommendations from the Guide that resulted from the Safe School Initiative are es-
sentially the set of weakly substantiated requirements (“should”), which should be achieved in
23 Bralić, Katić, Orlović Lovren, 2016.
24 Fein, et. al., 2006.
25 Madfis, Levin, 2013: 83–84, Table 4.1 „International rampage shootings worldwide“.
order to save school climate establishment to aid a comprehensive school safety improvement
by means of threat assessment process. The authors list the following “major components and
tasks for creating a safe/connected school climate”26:
1. Assessment of the school’s emotional climate;
2. Emphasis on the importance of listening in schools;
3. Adoption of a strong, but caring stance against the code of silence;
4. Prevention of, and intervention in, bullying;
5. Involvement of all members of the school community in planning, creating, and
sustaining a school culture of safety and respect;
6. Development of trusting relationships between each student and at least one adult at
school; and
7. Creation of mechanisms for developing and sustaining safe school climates.“
Brief and superficial clarifications of the most important tasks in the Guide (Chapter VII)
are given on mere three and a half pages, or some 1400 words, which substantiates our con-
clusion that this is a relatively superficial coverage of an important aspect that deserves deeper
understanding and broader explication.
Providing and assuring much broader and deeper appreciation and understanding of the
complex school climate term is substantiated by the review of significant analyses, studies and
opinions on the school climate elements, presented in numerous sources and voluminous
literature27. The Guide even failed to rely on more comprehensive analyses and interpretations
of the US National School Climate Center (NSCC, established at the Columbia University in
1996) when considering school climate. Further review of relations between the school cli-
mate and the school safety and security should preferably consider some recommendations,
standards and definitions of the school climate indicators as a minimum, provided by the
NSCC even before the Safe School Initiative28.
However, seeing as there were no new programs in this field after the Safe School Initia-
tive and its Final Report, conclusion may be drawn that the threat assessment approach, as
presented and recommended, was and has remained but one of the possible approaches that
may eventually contribute improving the school safety; however, such a contribution is yet to
be verified, tested and analyzed, yet any serious, systematic and comprehensive verifications,
tests and analyses have not been performed. Reliable verification or appropriate refute of the
effectiveness of this model in school safety assurance by the means of systematic acquisition
of relevant data, monitoring and trending were also omitted.
Some independent authors, however, present some data that do not indicate any tangi-
ble impact of the Initiative. On the contrary, some major school-based and school-targeted
attacks occurred in the years after the recommendations of the Final report were widely ap-
plied, including rampage shootings at Virginia Tech University, Blacksburg, Virginia, 16. April,
2007 (32 murders plus suicide), and Sandy Hook Elementary School, Newtown, Connecticut,
14. December, 2012 (27 murders plus suicide). Also, some significant data29 confirms that the
problem of school based violence and school safety in general remains as a serious question
addressing security experts, educational professionals, public policy makers, and many others.
Due to everything stated, the greatest program promoting the threat assessment approach
under the Safe School Initiative was a major, yet missed opportunity, which stopped half way
in the best scenario, for various and numerous reasons. This program, therefore, obvious-
26 Fein, et al., 2006: 13.
27 E.g. see overview in Đurić, Popović-Ćitić, Marković, 2012: 87–89, Table 1 deals with the elements of
school climate presenting the most significant standpoints.
28 Op. cit.: 90 – 93.
29 Bralić, Katić, Orlović Lovren, 2016: 43–48.
ly missed to go one major step further to more thorough and substantial comprehension of
school’s safety and its interweaving with pedagogical background, important educational
traits and strains, the psychological and behavioral conduct of school and its members in
close and wider social circumstances.
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ty/preventingattacksreport.pdf
CHURCHES AND RELIGIOUS COMMUNITIES –
BRIDGE OF SECURITY COOPERATION
Hajradin Radončić1, PhD
University of Defense in Belgrade, Military Academy
Samed Karović, PhD
EDUKONS University, Sremska Kamenica, Faculty of Applied Security
Mevlud Dudić, PhD
University of Novi Pazar, Faculty of Islamic Studies
Abstract: The essential character and determinant of the functioning of each country is
reflected through efficiently established systems of security. Systematic monitoring and
assessment of the challenges, risks and threats are the basis for successful development
of a security system. The development of all the elements in a society, particularly
those that have a direct impact on awareness, culture, behavior and education of
people represents a key factor of state development.
Comprehensive understanding and study of churches and religious communities,
properties specific to these churches and religious communities in the sphere of
development of the society, at the same time represents a development factor of the
security culture of the entire community and understanding among people.
The fact that the structure of the population of Serbia is heterogeneous, with different
levels of economic development, cultural characteristics and historical heritage,
makes the problem of security even more complex. Numerous factors in the context
of the latest world trends and globalization affect the mind and the dynamic changes
that inevitably affect the Republic of Serbia, lead to changes of certain inherited
characteristics of the population and in areas which were not typically subject to such
influences.
The paper describes the issues of cooperation between churches and religious
communities as an important element of security in the Republic of Serbia. Special
consideration is dedicated to segments which can have positive effects on the
development and understanding of the specificity and culture among different cultural
characteristics of the population both in religious affiliation as well as in other elements.
The paper is a result of a research on a sample of different religious communities and
churches.
Key words: security, church, religious communities, cultural diversity, cooperation.
INTRODUCTION
Actuality of the security challenges in the Republic of Serbia can be seen as a continuity
of solving many crisis situations, often caused by changes in the wider region and the conse-
quences of global changes. Such effects have affected both the area of the Republic of Serbia
1 e-mail: [email protected]
276 Hajradin Radončić, Samed Karović, Mevlud Dudić
and the countries in its broader and narrower vicinity. In such a situation, resolving security
challenges is a complex issue, because there are many factors that make the operation of the
establishment of stability policy difficult and more complex.
Cooperation between churches and religious communities in the field of security is based
on the current issues and comprehension of relevant factors that may have implications for
the security of the Republic of Serbia. The basic conceptual orientation of the Republic of
Serbia upon the development of stable relations and security systems is based on a compre-
hensive approach to resolving and continuous access to security processes.
In these complex circumstances, churches and religious communities can have a signifi-
cant influence on the formation of consciousness, development of tolerance and preservation
of the identity of the population. These are areas in which churches and religious communi-
ties can seek their functioning within the development of Republic Serbia’s system security.
Cooperation between churches and religious communities is a key security segment and by
active cooperation in various areas of social life, created are predispositions towards effective
functioning of the security system of the Republic of Serbia.
The paper identifies elements and criteria of churches and religious communities and se-
curity system as a sphere of cooperation of churches and religious communities, which can
have an impact on the effective functioning of the security system.
DEFINITION
A lot of concepts and little clear meaning, thus the Constitution of the Republic of Serbia
determines: that Serbia is a secular state, that churches and religious communities are equal
and separate from the state, that the citizens are guaranteed freedom of “conscience” and
“religion” and that everyone is free to express their “faith” or “belief ”, or “confession of faith”2.
Freedom of religion includes the “freedom to have or have not, preserve or change religion
or religious beliefs, or freedom of belief, freedom to worship God; freedom to, either alone or
in community with others and in public or private, manifest belief or religious convictions in
worship and performance of religious rites, religious instruction and teaching, cherishing and
developing religious tradition; freedom to develop and promote religious education, culture.”3
The Law on Churches and Religious Communities of Serbia in Article 4 states: “The subjects
of religious freedom in the sense of this law are the traditional churches and religious commu-
nities, confessional communities and other religious organizations.”4 Hence, from the above
many questions open up and very little clear meaning. The problem becomes particularly
articulated when in this specific case a particular term should be given a “legal connotation”.
Dragan Novaković, in an article “The position of religious communities in the Serbian
Constitution” properly used the term “churches and religious communities” because the same
term cannot be used for the Islamic or the Jewish Community. Also, the author states: “This
distinction is essential and principled, but it must be pointed out that the used terms in the
Constitution are completely equal which indicates that within legislative action or practice
there cannot be made a distinction between religious organizations whose names contain the
title `church` or `religious community ‘. The use of the common terms `confession’, ‘religious
organization` or previously used `denomination` would cause further confusion and would
not help avert the dilemma. We believe that all possible doubt in the unequal treatment would
be overcome that between these two names instead of ànd` in the Constitution was used the
2 Устав Републике Србије, “Службени гласник РС” бр. 98/2006.
3 Закон о црквама и верским заједницама „Сл. гласник РС“, бр. 36/2006, Београд, стр. I
4 Ibid, p. 3
CHURCHES AND RELIGIOUS COMMUNITIES – BRIDGE OF SECURITY COOPERATION 277
conjunction òr`”. Today, a multitude of concepts reside in use, the result is uneven under-
standing of concepts in everyday communication with people. So the aim of this question is
to point out the possible meanings of such terms.
CHURCH
The Dictionary of the Serbian language defines the term ‘church’ in the following way:
church f “1. The building in which Christian religious rituals are performed, temple, place of
worship: go to church, visit the church, build a church. 2. A community of Christian believers
(as an organization, institution): orthodox ~, catholic ~, western ~, eastern ~ ,. 3. Ecclesiasti-
cal authority, church administration, church seniority: ask the church for marriage consent.
4. Service in the church, worship ... “5.
The Dictionary of religious terms defined the word church (Gr.) as follows: “Organized
community of Christians (v.), formed on the basis of their common faith, sociological fea-
tures: wants compromise with the society and the social institutions, as opposed follow (v.)
which rejects it. It is general and aims to encompass the entire life of mankind (mission has
a universal character - for all nations and cultures); includes all - “saints” as well as “sinners”.
One belongs to a church by birthright: the newborn belongs to that church to which his par-
ents belong. It gathers followers from all social levels regardless of the sex, age, racial or ethnic
background. Religious community of the type of church is characterized by centralization
of decision-making power, hierarchical relations and stability. It is easy identifiable with the
society, with positive attitude towards it, it is easier adapted to it, sometimes can become the
“guardian” of the existing society. Church in spatial terms, means a building in which Chris-
tians gather to perform rituals (v.) in a group; a place where believers gather participating in
spiritual life that connects them as religious and moral community.”6
The Law on Churches and Religious Communities uses the term “church” and links it to
the “traditional church” as well as labeling of “confessional communities”. By the term “con-
fessional communities“ of the Law on Churches and Religious Communities Article 19., cov-
ered is the term “religious organizations” which states: “In the Register cannot be registered a
religious organization whose name contains a name or part of the name which expresses the
identity of the church, religious community or religious organization which is already entered
in the Register or which has already filed an application for registration”7.
It can be concluded that the word church primarily refers to the building in which Chris-
tian religious rituals are performed, temple, church, community of Christians, organization,
institution, the place where believers gather participating in spiritual life that connects them
in a religious and moral community.
RELIGIOUS COMMUNITY
In the literature in which the social community was a research subject, there are numerous
terms on the community. Thus, Ljubomir Tadić defines community as “a state in relations
among people in which is set a firm inter-human bond, a state in which the multitude acts as
unity “all for one, one for all”. Every community relies on strongly expressed spiritual or social
connectedness, whether this is a conscious conviction or feeling of bondage. This internal
5 Речник српског језика, Матица српска, Нови Сад, 2007. стр. 1496
6 Речник религијских појмова, Прометеј, Нови Сад, 2009. стр. 464
7 Закон о црквама и верским заједницама „Сл. гласник РС“, бр. 36/2006, Београд, стр. IX
connection, actually presents the linking tissue of the community; that force which helps to
bridge or overcome the otherwise deep ravines or gaps that may exist among its members”8.
Tennis Ferdinand says that “community expresses the natural connection of people’s entire
intimate lives. There we are found at birth and for it binds us kinship, language, customs,
religion, neighborhood and friendship. The community is permanent mutual life. It is a living
organism. The subject of the community is the will that has both animal and mental features.
Its main content are: memory, conscience and religion. While marriage is the narrowest, the
humanity is the widest human community.”9 Max Weber emphasizes that the community is
“ a form of interpersonal activity which is based on the subjective feelings of its members to
belong to each other”10.
In the context of understanding of the concept of community it is important to empha-
size the understanding of Talcott Persona who says: “The community is a complex network
of interconnected cross-cutting collectivities and collective loyalties, a system to which are
inherent both the functional differentiation and the segmentation. Thus are mutually differ-
entiated kinship family units, business companies, churches, government bodies, educational
collectives etc. In addition, there are a number of individual forms within each type of col-
lective unit, for example, any of the large number of households consists of only a few of the
many individuals and multitude of local communities”.11
For the above definitions characteristic is the common feature that is manifested in under-
standing the community as a relationship between people who belong to one another through
spiritual and social closeness of the entire life.
In this context the term community can indicate towards a variety of institutions,
non-profit organizations or agencies. From all the above, it can be concluded that it is very
important to mention which real community is referred to when we use term. Consequently,
this applies to the religious community as well.
The Law on Churches and Religious Communities, associates the term “religious commu-
nity” with the term “traditional religious communities”. According to Article 10, Par. 2 of The
Law on Churches and Religious Communities, “Off. Gazette of RS “, no. 36/2006, “traditional
religious communities are those that in Serbia have a centuries-long historic continuity and
whose legal subjectivity has been acquired pursuant to separate legislation, i.e., the religious
community and the Jewish religious community”.12
Drawing on the above elements of the given definitions within the framework of the re-
search, the religious community is determined by the content and the scope in an appropriate
manner and forms part of the society, of people with common characteristics, that live in cer-
tain area and have a common history or shared social, cultural, economic and other interests
and Islamic religion. Hence, imply binding features between those people who are members
of the community. The binding factor can be the area and the religious identity.
8 Тадић, Љ.: Наука о политици, друго допуњено издање, БИГЗ, Београд, 1996, стр. 41.
9 Тенис, Ф.:Заједница и друштво, Београд, 1912, стр. 9−47.
10 Бешић, М., и Ђукановић, Б., «Богови и људи − религиозност у Црној Гори», ЦИД и СоЦЕН,
Подгорица, 2000, стр. 66.
11 Парсонс, Т., «Модерна друштва», Градина, Ниш, 1992, стр. 23.
12 Закон о црквама и верским заједницама „Сл. гласник РС”, бр. 36/2006, Београд, стр. VI
LEGAL STATUS OF CHURCHES

AND RELIGIOUS COMMUNITIES
The legal status of churches and religious communities in Serbia is defined by the consti-
tutions of 1946, 1963, 1974, 1990, 1992 and 2006. Under the current Constitution, freedom
of religion is defined in Art. 43, which states: “Freedom of thought, conscience, belief and
religion shall be guaranteed, as well as the right to stand by one’s belief or religion or to change
them by choice. No person shall have the obligation to declare his religious or other beliefs.
Everyone shall have the freedom to manifest their religion or religious beliefs in worship,
observance, practice and teaching, individually or in community with others, and to mani-
fest religious beliefs in private or public. Freedom of manifesting religion or beliefs may be
restricted by law only if that is necessary in a democratic society to protect lives and health of
people, morals of a democratic society, freedoms and rights guaranteed by the Constitution,
public safety and order or to prevent inciting of religious, national or racial hatred. Parents
and legal guardians shall have the right to ensure religious and moral education of their chil-
dren in conformity with their own convictions.”13
Also, the Law on Churches and Religious Communities and the Proceedings on the con-
tent and manner of keeping the Register of churches and religious communities was adopted
in 2006.14 According to the text of the law, the subjects of the religious freedoms are tra-
ditional churches and religious communities, confessional communities and other religious
organizations. According to Article 10 of the Law on Churches and Religious Communities,
traditional churches and religious communities are defined as “traditional churches are those
that in Serbia have centuries-long historical continuity, having acquired legal subjectivity pur-
suant to separate legislation, those being: the Serbian Orthodox Church, the Roman Catholic
Church, Slovakian Evangelical Church a. v., Christian Reformist Church and the Evangelical
Christian Church a. v. “.15 Confessional communities are defined as all churches and religious
organizations whose legal status was regulated by application submitted in accordance with
the Law on the Legal Status of Religious Communities (“Official Gazette of the SFRY” No.
22/1953) and the Law on the Legal Status of Religious Communities (“Official Gazette of SRS
“. No 44/1977). The phrase “other religious organizations” below in the text of the law is not
explained in detail. Also, Article 10 of the Law on Churches and Religious Communities de-
fined the traditional religious communities as those “with centuries-long historic continuity,
having acquired legal subjectivity pursuant to separate legislation, particularly the Islamic
religious community and the Jewish religious community”.16
According to the Law on Churches and Religious Communities, to the Serbian Ortho-
dox Church is recognized the continuity of legal subjectivity it had acquired on the basis of
Načertanije o duhovnoj vlasti (Decision of the National Assembly of the Serbian Principality
from 21 May 1836). The Roman Catholic Church is recognized the continuity of legal subjec-
tivity it had acquired pursuant to the Law on the concordat between the Kingdom of Serbia
and the Holy Seat (Decision of the National Assembly of the Kingdom of Serbia of 26 July
1914, “Serbian Gazette”. No. 199/1914). The Slovak Evangelical Church a. v., the Christian
Reformed Church and the Evangelical Christian Church a. v. are recognized the continuity of
legal subjectivity it had acquired pursuant to the Law of the Evangelical Christian Churches
and the Christian Reformist Church of the Kingdom of Yugoslavia (“Official Gazette of the
13 Устав Републике Србије, available at: http://www.sllistbeograd.rs/documents/ ustav_republike_

srbije_lat.pdf
14 Закон о црквама и верским заједницама „Сл. гласник РС”, бр. 36/2006, Београд, 2006.
15 Ibid. p. V
16 Ibid.
Kingdom of Yugoslavia”, no. 95/1930). The Jewish community is recognized continuity of

legal subjectivity it had acquired pursuant to the Law on Religious Community of Jews in
the Kingdom of Yugoslavia ( “Official Gazette of the Kingdom of Yugoslavia” no. 301/1929).
The Islamic Community is recognized the continuity of legal subjectivity acquired on the
basis of the Islamic Religious Community of the Kingdom of Yugoslavia ( “Official Gazette of
the Kingdom of Yugoslavia” no. 29/1930). Confessional communities are all those churches
and religious organizations whose legal status was regulated by application submitted in ac-
cordance to the Law on the Legal Status of Religious Communities (“Official Gazette of the
FPRY”, no. 22/1953) and the Law on the Legal Status of Religious Communities (“Official
Gazette of SRS “no. 44/1977).17
For registration of churches and religious communities in the Register under the Law
on Churches and Religious Communities, to the Ministry shall be submitted applications
containing: Name of the church or the religious community, address of the church or the
religious community, name and surname of the person authorized to represent the church
or the religious community. Religious organizations, except the traditional ones (Article 10
of the Law on Churches and Religious Communities), for registration into the Register are
to submit to the Ministry a request containing: the decision on founding of the organization
with the names, ID numbers and signatures of at least 0.001% of adult citizens of the Republic
Serbia, who have permanent residence in the Republic of Serbia, according to the latest offi-
cial census or foreign nationals with permanent residence on the territory of the Republic of
Serbia. According to the 2011 census,18 it was estimated that 0.001% of the population makes a
number of 72 citizens of the Republic of Serbia whose signatures are required for the religious
organization to be enrolled in the Registry. In addition to the signatories, it is necessary to
submit the statute, explanation of the teaching and the religious practice, as well as the address
of the building that will host the organization.
The Law on Churches and Religious Communities has been the subject of sharp criti-
cism of individuals and institutions as well as a number of questions being opened; thus a
numerous deficiencies in the content of the Law on Churches and Religious Communities
are referred, as well as the consequences that these shortcomings can produce. The debate in
Serbia on the occasion of the adoption of the Law on Churches and Religious Communities
has been very brisk. It started in 2001 with the announcements of the adoption of the Law
on Religious Freedoms and the Regulation on organizing and implementing religious edu-
cation as an alternative subject in primary and secondary schools at the level of the Federal
Republic of Yugoslavia19. The debate at one time briefly calmed after the breakdown of Yugo-
slavia and again flared with the emergence of the first Template of the Preliminary draft law
on the legal status of religious communities in 2004, at one time quite peacefully developed
under the consultations held with the Ministry of Religious Affairs, OSCE, Council of Eu-
rope and interested religious communities, in order to burst again after a sudden delivering
to the Assembly the Draft Law on Churches and Religious Communities and its adoption
in 2006. Subsequent events related to the very implementation of the Law on Churches and
Religious Communities have only multiplied the old disputes and open new ones. Thus, after
the adoption, the Law came before the Constitutional Court. The Constitutional Court ruled
in this case on four proposals and two initiatives for assessing the constitutionality of certain
provisions of the Law on Churches and Religious Communities (Article 4, Article 7, Article
8, Article18, Article 26, Article 29, Article 31, Article 40) as well as the constitutionality of the
Law in its entirety. The question before the Constitutional Court was, whether the Law, mak-
17 Ibid. p. VII
18 Попис становништва, домаћинстава и станова 2011. у Републици Србији, Републички завод
за статистику, Београд, 2012.
19 „Сл. гласник РС“, бр. 46/2001.
ing a distinction of the religious subjects on traditional churches and religious communities
and confessional communities and other religious organizations, actually puts the traditional
churches into better position, by which the principle of equality of the churches is broken
and a state religion is established. Objected is the constitutionality of the provisions which
determine the independence and immunity of the priests, state assistance during execution of
decisions issued by church and religious communities’ bodies, the state commitment to pro-
tect official uniform, religious officials’ grade and dignity insignia. The Constitutional Court
also decided on whether were anti-constitutional the provisions regarding the registration
procedure of the churches and the religious communities and church property management.
In this process the Constitutional Court held the position on the importance and the essence
of the principle of separation of the church and the state in the Republic of Serbia.20
Although the Law on Churches and Religious Communities contains a series of, at the
first glance, dubious provisions, the Constitutional Court still, by thorough and compara-
tive interpretation, concluded that the disputable provisions are not anti-constitutional, at
the same time giving its own interpretation of those provisions, what will be significant for
the further application of the Law. The explanation of the Constitutional Court, however, in
many instances is not clear enough, nor is it neither coherent nor logical according to many
individuals and institutions. The Constitutional Court also gave interpretation of the con-
stitutional principle of secularity, defining the relationship between the church and the state
in the Republic of Serbia as a relationship of “cooperative separation”, meaning that there is
no complete separation of the church from the state but only there is no state religion and
identification of the state with religion. Detailed analysis of the meaning of this term was not
offered by the Constitutional Court, and a question is raised what legal consequences this
attitude of the Constitutional Court can produce in practice, especially during interpretation
and application of the Law on Churches and Religious Communities.21
According to the available data, and based on the Law on Churches and Religious Com-
munities and the Regulations on the content and manner of keeping the Register of churches
and religious communities, in Serbia recognized is the legal subjectivity of eight churches and
religious communities, namely: the Serbian Orthodox Church, the Roman Catholic Church,
the Slovak Evangelical Church a.v., the Reformist Christian Church, the Evangelical Christian
Church a.v., the Jewish community, the Islamic community, the Diocese of the Romanian
Orthodox church Dacia Felix headquartered in Deta (Romania) and the administrative head-
quarters in Vršac. Pursuant to the Decision on registration into the Register of churches and
religious communities, legal subjectivity acquired seventeen more - Seventh-day Adventist
Church, the Evangelical Methodist Church, The Church of Jesus Christ of Latter-day Saints,
the Evangelical Church in Serbia, the Church of Christ’s love, Christ’s Spiritual Church, the
Union of Christian Baptist Churches in Serbia, Christian Nazarene religious community,
Church of God in Serbia, the Protestant Christian community in Serbia, the Brothers of Christ
Church in the Republic of Serbia, Belgrade Free Church, Jehovah’s witnesses - Christian reli-
gious community, Covenant Church of Zion, Union of Reform Movement Seventh-day Ad-
ventist, Protestant Evangelical Church “Spiritual Center”, Christian Evangelical Church. In
the past few years in the Register of Churches and Religious communities, registered are five
new religious groups while ten requests for registration were rejected “due to procedural de-
ficiencies” and one was denied “due to tangible shortcomings “. Five applicants filed adminis-
trative complaints before the competent courts and two are still pending. Ministry of religion
doesn’t have data on the number of followers of the aforementioned churches and religious
communities (except the submitted lists of signatories) and has no information on new and
20 Оцена уставности, Закона о црквама и верским заједницама (Сл. гласник, бр. 35/06), (број
предмета I Уз 455/2011), Одлука Уставног суда од 16. јануара 2013.
21 Ibid.
alternative religions that are not officially recognized by the law. On the basis of these acts,
we can therefore conclude that in Serbia there are only twenty-five religious organizations. Of
course, such a conclusion would be wrong, but more will be discussed further in the text.22
According to the publication of the Statistical Office it is stated that the classification of
religion, according to which was reported the data of the Census from 2011, “followed the
recommendations of the Conference of European Statisticians for the Censuses of Population
and Housing of 2010”23. According to the 2011 census the results are classified into thirteen
categories, unlike the previous census in which these categories were eleven. The novelty com-
pared to the previous census is the category - “Other Christian” (religion). Also, the new cen-
sus included the category “Other religions” and also was introduced the category “Agnostic”.
The category “Not a believer” has been expanded, and now is “Not a believer (atheist)”.
Statistical data of the census of the Republic of Serbia from 2011 indicate some changes
in the ethnic composition of the population, which justly opens the question of cooperation
between churches and religious communities in the field of security and which is the subject
of this paper. A total number of 7,186,862 inhabitants of Serbia were registered. Of these,
6,555,931 of them identified themselves as Christians, i.e., Orthodox 6,079,396, Catholics
356,957, Protestants 71,284 and 3,211 of the surveyed Serbian citizens was classified as “Oth-
er Christian religion.” According to the census in Serbia there are 222,828 citizens of Islamic
religion. In the category other, 408,103 people were registered. Of these, 578 fall into Judaism,
Eastern religions have 1,237, and members of “Other religion” are 1,776. According to the
census, Serbia has 4,010 agnostics, 80,053 people declared themselves as nonbelievers (athe-
ists), 220,735 citizens have used their constitutional right and did not declare on religion and
for 99,714 religion remained unknown. The population of the Republic of Serbia according to
the religion on the censuses 2002 and 2011 is shown in Table 1.
Table 1. Population by religion, according to the censuses of 2002 and 2011
Religion 2002. 2011.
Christian 6 876 2741 6 555 9312
Orthodox 6 371 584 6 079 396
Catholic 410 976 356 954
Protestant 78 646 71 284
Other Christian 2 191 3 211
Islamic 239 658 222 828
Other 282 069 408 103
Source: Census of Population and Housing 2011 in the Republic of Serbia, Republic
Bureau of Statistics, Belgrade, 2013, p. 13. (Processing of the author)
The data indicate that in the Republic of Serbia, according to the 2011 census, the popula-
tion of the Christian religion decreased in comparison to 2002, from 6,876,279 to 6,555,931,
while the population of the Islamic religion remained steady.
22 Danijel Sinana, In search for alternative religions: the “visibility” and “invisibility” of religious
organizations in Serbia
23 Попис становништва, домаћинстава и станова 2011. У Републици Србији, доступан на: http://
webrzs.stat.gov.rs/WebSite/public/PublicationView.aspx?pKey=41&p Level=1&pubType=2&pubKey=1586
SECURITY ASPECTS OF THE COOPERATION BETWEEN

CHURCH AND RELIGIOUS COMMUNITIES
An important question in the field of security and defense represents the collaboration be-
tween churches and religious communities, and this segment to a large extent, can have posi-
tive or negative implications on the overall situation in the country, especially from a security
standpoint. In the context of security, it was important to consider the issue of cooperation
between churches and religious communities, as one of the influential elements and interfaces
between people, especially if one takes into account the immediate past and the events in the
war-torn areas caused by the disintegration of the former Yugoslavia.
The conducted survey24 on cooperation between churches and religious communi-
ties among respondents from the Islamic community is shown in Table 2.
Table 2: Attitudes of the respondents from the Islamic community about the statements:
‘Churches and religious communities are the bridge for closer cooperation in the security field’
Frequency
Rank CLAIMS %
(f)
5. Yes, I completely agree 399 52.4
4. Yes, I agree 199 26.1
2. Undecided 102 13.4
3. No, I partially disagree 36 4.7
1. No, I completely do not agree 20 2.6
6. No answer 5 0.7
N = 761 (100%)
More than three quarters of the respondents from the Islamic community (78.5%) believe
that churches and religious communities are bridge for closer cooperation in the field of
defense and security. A very small number of the respondents (2.6%) opted for a disagreement
with the said claims, which is statistically insignificant. This is very important, especially if
one takes into consideration the experience of conflicts and the spread of nationalism and
religious hatred among the population in the former SFRY.
In order to compare the attitudes of the respondents from the Islamic community, a
survey was conducted among the members of the Serbian Orthodox Church, in order to
obtain referent value assessment of the attitudes of the respondents. Comparative data are
shown in Table 3 below.
24 The research was conducted for the purpose of the doctoral dissertation entitled “The influence of
the Islamic Community on security and defense of the Republic of Serbia”, which was defended at the
Military Academy of the University of Defense in Belgrade.
Table 3: Comparative display of the attitudes of both populations about the statement:
‘Churches and religious communities are bridge for closer cooperation
in the field of security and defense’
Islamic community Serbian Orthodox Church
DEGREE OF CONSISTENCY
f % f %
Yes, I completely agree 399 52.4 124 21.6
Yes, I partially agree 199 26.1 219 38.2
Undecided 102 13.4 158 27.6
No. I partially disagree 36 4.7 41 7.2
No. strongly disagree 20 2.6 27 4.72
No response 5 0.7 4 0.7
N = 1334 (100%)
The results show that the perception of churches and religious communities as a bridge of
cooperation in the field of security and defense. where three quarters of the Islamic commu-
nity (78.5%) believe that churches and religious communities are a bridge of cooperation in
the field of defense and security. compared to those of the Serbian Orthodox church (59.8%)
is very important from the perspective of security and defense which should be given more
attention and work on the development of that relation.
If we consider the height of the calculated scalar values, we can notice that within the
respondents from the Islamic community the scalar value is M = 4.19 and within the respon-
dents from the Serbian Orthodox Church it is M = 3.63. and based on these values it can be
concluded that both groups believe that the churches and the religious communities are a
bridge of cooperation in the field of security and defense (table 4.). In order to test the reason-
ableness of this assumption we applied a statistical procedure for testing the significance of
differences of the arithmetic means. so-called t-test.25
Table 4: Display of the calculated values according to the statement ‘’churches and religious
communities are bridge for closer cooperation in the field of security and defense”
Value-category Islamic Community Serbian Orthodox Church
Crag value 4.19 3.63
Standard Deviation 1.074 1.085
t ratio 3 9.420
The significance level4 0.01
Using the t-test in respect to this statement, it was found out a statistically significant
difference between the respondents. With the respondents from the Islamic community the
mean value estimate is 4.19 and the standard deviation is 1.074; with the respondents from
the Serbian Orthodox Church the mean value of the evaluation is 3.63. and the standard de-
viation is 1.085. The corresponding t-ratio is 9.420 and is significant at the level of p = 0.01.
The respondents from the Islamic community were even more united (σ = 1.074) on the
question of “interference of the cooperation in the field of security and defense in relation to
the members of the Serbian Orthodox Church” (σ = 1.085). which in turn can be ascribed to
the correlation with the past events which were a result of the breakup of the former SFRY.
25 Two independent sample test from the software package SPSS 19 were used for mutual comparison
of the results.
The research results indicate that the security situation of the Republic of Serbia can be
significantly improved by resolving issues of common interest to the Churches and the reli-
gious communities. primarily by opening real perspectives of harmonization of the relations
in the country.
CONCLUSION
Churches and religious communities may have elements of connectivity between specific
and culturally diverse backgrounds. particularly from the angle of religious affiliation. It also
indicates that in the segment of security challenges. a significant part belongs to the estab-
lishment of harmonious relations between different cultural and other characteristics which
represent features of the churches and the religious communities. It has been emphasized that
churches and religious communities are legally regulated within the political system of the
Republic of Serbia and that the legal subjectivity of eight churches and religious communities
is recognized. The number of followers of churches and religious communities is not entirely
accurate and there are no accurate data.
The key issue between the churches and the religious communities in the sphere of devel-
opment of security culture and prevention of security risks refers to the views that the church-
es and the religious communities are a bridge for rapprochement and elimination of security
risks and the basis for establishing effective functioning of all the elements of the security
system. The views are largely consistent in the context of religious communities.
This can be interpreted as sensitivity to the questions of the security culture, so that the
said positions reflect the reality of this area in the Republic of Serbia and the influence of
global relations in the entire region and thus on the Republic of Serbia as well. However, the
security situation can be - for all that has been said so far - understood as an “acquired neces-
sity” in which the churches and the religious communities exist and achieve the functioning
of the security system.
It has been especially pointed out to the contribution to the sphere of defense develop-
ment and establishment of liability of certain religious communities and churches and the
development of a system of values as determinant for successful functioning of the security
system of the Republic of Serbia. Using the survey results and taking into account the the-
oretical approach to the security system, the churches and religious communities have been
offered certain elements that reflect the most important issues of cooperation between the
churches and the religious communities in the sphere of security. Particular emphasis has
been placed on the attitudes of the religious communities regarding key issues that affect the
security and the attitudes of the churches were used as a reference value to reflect these issues.
The essence of the relationship between the churches and the religious communities in
the development of stable relations that ensure the development of the security system of the
Republic of Serbia results in the identification of common values shared and developed so as
to lay the foundation for respect for diversity.
It is important to emphasize that on the basis of the survey results, the attitudes of the
religious communities are the churches are similar and do not show significant discrepan-
cies when it comes to the security of the Republic of Serbia. The religious communities are
interested in cooperation with the churches which uniquely reflects that they are interested in
the security situation as well. Certain issues that are not completely correlated are the result
of negative historical legacy and do not have substantial influence on active cooperation be-
tween the churches and religious communities in the Republic of Serbia.
REFERENCES
1. Устав Републике Србије. “Службени гласник РС” бр. 98/2006.
2. Закон о црквама и верским заједницама. „Сл. гласник РС“. бр. 36/2006. Београд. 2006.
3. Оцена уставности. Закона о црквама и верским заједницама (Сл. гласник. бр. 35/06).
(број предмета I Уз 455/2011). Одлука Уставног суда од 16. јануара 2013.
4. Попис становништва. домаћинстава и станова 2011. у Републици Србији. Републич-
ки завод за статистику. Београд. 2012.
5. Бешић. М.. и Ђукановић. Б.. «Богови и људи − религиозност у Црној Гори». ЦИД и
СоЦЕН. Подгорица. 2000.
6. Кековић. З.: Систем безбедности. Факултет безбедности. Београд. 2009.
7. Маслеша. Р.: Теорије и систем сигурности. Национална и универзитетска библиотека
Босне и Херцеговине. Сарајево. 2001.
8. Парсонс. Т.. «Модерна друштва». Градина. Ниш. 1992.
9. Петз. Б.: Основе статистичке методе за нематематичаре. СНЛ. Загреб. 1985.
10. Тадић. Б.: Безбедност и одбрана несврстаних земаља. Центар оружаних снага за
стратегијска истраживања и студије. Београд. 1989.
11. Тадић. Љ.: Наука о политици. друго допуњено издање. БИГЗ. Београд. 1996.
12. Тенис. Ф.:Заједница и друштво. Београд. 1912.
THE U.S. INTELLIGENCE COMMUNITY
AND THE FIGHT AGAINST ISIS:
DONALD TRUMP ADMINISTRATION’S
NATIONAL SECURITY POLICY
Milovan Subotić, PhD1
Strategic Research Institute, Ministry of Defence of the Republic of Serbia
Ivan Dimitrijević, MA
University of Belgrade – Faculty of Security Studies
Abstract: Fight against international terrorism remains one of the keystones of

the United States’ foreign policy in the upcoming period. The threat of the Islamic
State is still grave for the international security, so it is understandable that Donald
Trump administration will remain in this course. In the presentation of the new
administration’s program at the White House website, it is pointed out that “defeating
ISIS and other radical Islamic terror groups” will be of the highest priority, and that
joint and coalition efforts will be needed. In the inaugural address, the new President
stated that the United States intent to “unite the civilized world against Radical Islamic
Terrorism”. It is initially obvious that, differing from the notion of “fight against violent
extremism” used by the Obama administration, the new administration talks about
the fight against radical Islamism. In this paper, the authors will analyze and present
the key shifts in the United States’ national security policy in the wake of the Donald
Trump’s administration. Key positions of Trump’s presidential campaign regarding the
foreign policy, national security policy, fight against the Islamic State, and the reform
of the Intelligence Community, will be juxtaposed with decisions made during the
beginning of the presidential term.
Keywords: Intelligence Community, United States, Donald Trump Administration,
Terrorism, National Security Policy, Islamic State.
INTRODUCTION
Decision-making process for the United States President’s national security policy could
not be properly fulfilled without effective intelligence, institutionalized within the Intelligence
Community (IC), if we know that “intelligence as a function of government plays an im-
portant role in the creation and implementation of United States foreign and domestic pol-
icy.”2 If we want to fully understand the importance of well-informed decision-making and/
or policy-making, we need to know the exact role and responsibility of the intelligence in that
process:
1 Corresponding author. E-mail: [email protected]

2 Stephen Marrin (2014). “The United States”. In: Robert Dover, Michael S. Goodman, and Claudia
Hillebranad (Eds.). Routledge Companion to Intelligence Studies. London: Routledge, p. 145.
288 Milovan Subotić, Ivan Dimitrijević
“…those who produce intelligence should refrain from formulating policy—that is not
their job. Instead, intelligence professionals should describe the world around them in the
most objective way possible, free from political or personal concerns. It is their responsibility
to ‘tell it like it is’ to the decision-maker. Occasionally, this involves passing along bad news;
for example, telling a policymaker that his or her plans or policies are not achieving their
desired ends. This takes a great deal of bravery—no one likes hearing bad news. Given the po-
litical intrigue that is often found in organizations, the IC analyst may be the only individual
who tells the boss unfortunate news. This is the beauty and the power of the position—good
decisions can only be made in honest circumstances. To that end, the brave analyst, one who
is willing to speak the truth, may be the best friend policymakers have, whether they recog-
nize it or not.”3
However, this relation is not a constant one, nor the reliability of the decision-makers
on the intelligence ‘product’ is permanent. Various administrations had different intelligence
communities in diverse times, and not all of them had equally reliable and precise intelligence
in given circumstances. Some presidents relied heavily on their intelligence agencies, some re-
lied more on their cabinet members. Certain decisions were well-informed; some were intui-
tive and based on experience. Some of them entered the White House with prejudice towards
the world of ‘secret services’, others had intelligence careers before that. “Other factors, from
presidential neuroses to domestic political interests, are often more powerful.”4 And, final-
ly, there are Presidents who had disputes with intelligence world before entering the White
House. New American President, Donald Trump, is unique by many standards – he does not
have a political background, he comes directly from the business world, and he refrains from
political correctness. Also, during his presidential campaign, Trump had a rather big quarrel
with the Intelligence Community.
The transition from Donald Trump’s vastly ill-informed and populist presidential cam-
paign rhetoric towards the first presidential systemic obstacles was rather dramatic, and was
not only related to the matters of domestic policy, but also to the ongoing foreign policy and
national security issues. The fight against Islamic State of Iraq and Levant (ISIS) was one of the
hot topics in the presidential debate, along with the reform of the Intelligence Community in
the wake of several domestic and international scandals. The role and the significance of the
U.S. Intelligence Community in the war on terror is of great importance for the fight against
ISIS as well, especially the defense agencies that make the majority of the Intelligence Com-
munity, and are key operational and tactical intelligence providers in the ongoing Middle East
situation. Therefore, we will try to explain the relationship between the IC and different Ad-
ministrations in the key periods of the American foreign policy (the Cold War, the post-Cold
War period, the post-9/11 period), and try to give a general prediction about the new Admin-
istration’s possible paths and directions of the Intelligence Community in the war against ISIS.
THE U.S. INTELLIGENCE COMMUNITY

The United States Intelligence Community (IC) is probably the largest and the most com-
plex national intelligence system in the world, with seven decades of active national security
and foreign intelligence experience. From 1947, when National Security Act5 was adopted,
3 Jensen, C.J., McElreath, D.H. & Graves, M. (2013). Introduction to Intelligence Studies. Boca Raton:
CRC Press, p. 11.
4 Paul R. Pillar (2011). Intelligence and U.S. Foreign Policy: Iraq, 9/11, and Misguided Reform. New York:
Columbia University Press, p. 6.
5 An Act to promote the national security by providing for a Secretary of Defense; for a National Military
Establishment; for a Department of the Army, a Department of the Navy, a Department of the Air Force;
THE U.S. INTELLIGENCE COMMUNITY AND THE FIGHT AGAINST ISIS... 289
until today, this community was built from scratch into a 17-agency all-source intelligence
system aimed at both domestic and international (foreign) threats. In brief:
“The U.S. IC is a coalition of 17 agencies and organizations within the executive branch
that works both independently and collaboratively to gather the intelligence necessary to con-
duct foreign relations and national security activities. The primary mission of the IC is to
collect and convey the essential information that the president and members of the policy-
making, law enforcement, and military communities require to execute their appointed du-
ties. The 17 agencies possess a wide range of capabilities and intelligence needs themselves.”6
The history of the IC was rather dynamic and turbulent. Key cornerstones of its develop-
ment were related to significant events in American domestic or foreign policy. For instance,
after the Watergate scandal, the first bigger IC-related legislative reform was made with the
Foreign Intelligence Surveillance Act7 in 1978. This law was aimed at the improvement of in-
telligence collection and analysis, as well as to make a clear distinction between various tasks
and authorities of then members of the intelligence community (at the time, still not officially
named the Intelligence Community). The original idea was to make limitations to the IC
covert or illegal ops, and to implement appropriate measures if these activities were carried
out in unethical manner. However, in 1981 the Executive Order 12333 on United States In-
telligence Activities8 was signed by President Ronald Reagan, with the aim to “provide for the
effective conduct of United States intelligence activities and the protection of constitutional
rights”9. The Executive Order “clearly delineated the roles and responsibilities of agencies and
individuals within the intelligence community”10:
“The objective was to ensure that the president and National Security Council received
necessary and timely information ‘on which to base decisions concerning the conduct and
development of foreign, defense, and economic policy, and the protection of the United States
national interests from foreign security threats.’ To achieve this goal, Executive Order 12333
promoted analytical competition in the Intelligence Community and directed it to use all
means “consistent with applicable United States law and this Order, and with full consider-
ation of the rights of United States persons” to detect and counter espionage, terrorism, and
other threats.”11
The main contribution of the Executive Order 12333 to the reform of the Intelligence
Community was precise definition of the roles of the IC members, and for the first time insti-
tutionalized it under the name of the Intelligence Community:
-- “Collection of information needed by the President, the National Security Council,
the Secretary of State, the Secretary of Defense, and other executive branch officials for the
performance of their duties and responsibilities;
-- Production and dissemination of intelligence;
and for the coordination of the activities of the National Military Establishment with other departments
and agencies of the Government concerned with the national security. Congress of the United States of
America, 61 STAT. 495.
6 Jensen, C.J., McElreath, D.H. & Graves, M. (2013). Introduction to Intelligence Studies. Boca Raton:
CRC Press, p. 12.
7 An Act to Authorize Electronic Surveillance to Obtain Foreign Intelligence Information. Congress of the
United States of America, 92 STAT. 1783.
8 Executive Order No. 12,333 – United States Intelligence Activities, 3 C.F.R. 200 (1981 Comp.).
9 William F. Brown, Americo R. Cinquegrana (1985). Warrantless Physical Searches for Foreign
Intelligence Purposes: Executive Order 12,333 and the Fourth Amendment. Catholic University Law
Review, 35(1), 97-179.
10 Cully Stimson (January 24, 2017). Will Trump Reform the Intelligence Community? History Offers
Some Clues. The Daily Signal, Available through: http://dailysignal.com/2017/01/24/will-trump-reform-
the-intelligence-community-history-offers-some-clues/ (accessed March 10th, 2017).
11 Ibid.
-- Collection of information concerning, and the conduct of activities to protect against,

intelligence activities directed against the U.S., international terrorist and/or narcotics
activities, and other hostile activities directed against the U.S. by foreign powers, organizations,
persons and their agents;
-- Special activities (defined as activities conducted in support of U.S. foreign policy
objectives abroad which are planned and executed so that the “role of the United States
Government is not apparent or acknowledged publicly”, and functions in support of such
activities, but which are not intended to influence United States political processes, public
opinion, policies, or media and do not include diplomatic activities or the collection and
production of intelligence or related support functions);
-- Administrative and support activities within the United States and abroad necessary for
the performance of authorized activities and
-- Such other intelligence activities as the President may direct from time to time.”12
Through the Executive Order, Reagan “not only made the intelligence community more
responsive to oversight by elected officials, he also gave each agency clear responsibilities and
goals. This empowered the intelligence community to work effectively to generate information
necessary to make important policy and national security decisions.”13 The Order was used by
the presidents for the past three and a half decades, and “has enabled every president to provide
clear direction to the intelligence community regarding its organization and objectives.”14
After 9/11, the American national security policy was dramatically changed and focused
on protection of the U.S. national interests both at home and abroad, with all the available
means. The reform of the Intelligence Community was imminent, primarily because of the
large disappointment with one of the biggest intelligence failures in American history. The
key document for the beginning of the new and comprehensive intelligence reform was a 9/11
Commission Report15, which concluded “that the intelligence community needed significant
changes to its organizational structure to better control and coordinate the complex web of
intelligence agencies.”16 Thus, “the first major legislative reform of the intelligence community
came in 2004 when President George W. Bush signed the Intelligence Reform and Terror-
ism Prevention Act (IRTPA) into law.”17 This Act established the position of the Director of
National Intelligence (DNI), who is appointed by the President, but not a member of his
Executive Office. However, the DNI is “subject to the authority, direction, and control of the
President” to:
− “serve as a head of the Intelligence Community,
− act as the principal adviser to the President, to the National Security Council, and
the Homeland Security Council for intelligence matters related to the national security, and
− oversee and direct the implementation of the National Intelligence Program.”18
12 Ibid, Executive Order No. 12,333.

13 Ibid, Will Trump Reform the Intelligence Community?
14 Ibid.
15 The National Commission on Terrorist Attacks Upon the United States (also known as the 9/11
Commission), an independent, bipartisan commission created by congressional legislation and the
signature of President George W. Bush in late 2002, was chartered to prepare a full and complete account
of the circumstances surrounding the September 11, 2001 terrorist attacks, including preparedness for and
the immediate response to the attacks. The Commission was also mandated to provide recommendations
designed to guard against future attacks. More through: https://9-11commission.gov/report/
16 Cully Stimson (January 24, 2017). Will Trump Reform the Intelligence Community? History Offers
Some Clues. The Daily Signal, Available through: http://dailysignal.com/2017/01/24/will-trump-reform-
the-intelligence-community-history-offers-some-clues/ (accessed March 10th, 2017).
17 Ibid.
18 An Act to Reform the Intelligence Community and the Intelligence and Intelligence-related Activities of
Because “intelligence requirements for counterterrorism span a matrix of strategic,

operational and tactical analytical levels, and offensive and defensive measures and actions”19,
one of the major changes introduced by the IRTPA was the codification of the National
Counterterrorism Center (NCTC), previously established by Presidential Executive Order
13354.20 The idea behind the NCTC was to make a center for joint operational planning
and intelligence, which will include officers from different agencies, notably members
of the Intelligence Community. The Director of the NCTC reports both the President for
counterterrorism planning line of responsibility, and the Director of National Intelligence
for intelligence issues. He also has the duty to follow national security policy framework and
directions from the President, National Security Council, and Homeland Security Council.
Figure 1. The United States Intelligence Community, Agencies reporting to DNI21

Apart from the War on Terror and fight against Al Qaeda in the 9/11 aftermath, the In-
telligence Community did not have much of a success on the other fields, and also suffered
some major failures, that raised high-level alert in the public about human and privacy rights
abuse. First, the fact that the uprising in the Arab countries from 2010 to 2012 appeared com-
pletely under the IC radar is one of the setbacks of the intelligence reform, along with several
the United States Government, and for other Purposes. Congress of the United States of America, S. 2845.
19 Neal A. Pollard & Lt John P. Sullivan (2014). Counterterrorism and Intelligence. In: Robert Dover,
Michael S. Goodman, and Claudia Hillebranad (Eds.). Routledge Companion to Intelligence Studies.
London: Routledge, p. 247.
20 Executive Order No. 13,354 – National Counterterrorism Center, 3 C.F.R. (2004).
21 Carl J. Jensen, David H. McElreath, & Melissa Graves (2013). Introduction to Intelligence Studies. Boca
Raton: CRC Press, p. 56.
terrorist attacks on American soil. Scandals with diplomatic cables leak (Wiki Leaks) and
Edward Snowden revelations about National Security Agency’s massive abuse of information
and communication technology infrastructure in the U.S. and abroad raised even more ques-
tions about the responsibility of the Intelligence Community.
If we consider the stand of Stephen Marrin, that strategic intelligence “has limited in-
fluence on American foreign policy”22, and that the main reasons for that are “due to the
combination of political commitments and cognitive biases at the highest levels of national
policy-making which hinder or otherwise prevent intelligence analysis from influencing poli-
cy”23, we could consider Donald Trump’s relation to the Intelligence Community as extremely
biased and problematic, but not completely without reason. During the campaign, Trump
had several very serious allegations towards some Intelligence Community agencies, which
started in October 2016, after the Department of Homeland Security and the ODNI made
the statement on Russian involvement in the election process. On multiple occasions from
October 2016 to January 2017, Donald Trump commented the allegations by claiming there
are direct linkage between the Democratic National Committee and the Intelligence Com-
munity, that some agencies purposely leaked false information to the media, and that the
masterminds behind the allegations are the same agencies responsible for 2003 intelligence
failure over Iraq’s weapon of mass destruction.24 However, on the first day of Donald Trump’s
presidency, he visited the Central Intelligence Agency and sent a message that the media ex-
aggerated about his relation to the Intelligence Community, which could be considered as a
good sign of their future relationship.
THE U.S. AND THE FIGHT AGAINST

THE ISLAMIC STATE
After the beginning of the Iraqi Civil War in 2014, it was obvious that the new security
actor, the Islamic State of Iraq and the Levant (Islamic State, or ISIS) is gaining more territo-
rial control than expected, and after spreading into eastern parts of Syria, it was clear that its
conflict potential is far from controllable, especially when we know today that “the Islamic
state has grown into a significant stakeholder in the conflicts in Syria and Iraq”25. From sum-
mer 2014, the United States entered the conflict with small troops in Iraq, which was followed
with air strikes in Iraq and Syria from August, and making of the U.S.-led coalition of fourteen
countries fighting ISIS. In two and a half years the number of actors, besides the coalition,
involved Iran, Russia, Saudi Arabia, Bahrain, and United Arab Emirates. The situation on the
field dramatically changed in 2016, when key towns were liberated, and ISIS lost the majority
of territory occupied, especially in Iraq and Syria.
Donald Trump’s relation towards the fight against ISIS has shifted since his Presidential
Announcement in June 2015. Because ISIS was one of the hot topics during the presidential
campaign, Trump has had numerous statements on possible American involvement during
his term. First he stated that Syria should be “a free zone for ISIS, let them fight and then you
22 Stephen Marrin (2017). Why Strategic Intelligence Analysis has Limited Influence on American
Foreign Policy. Intelligence and National Security, DOI:10.1080/02684527.2016.1275139.
23 Ibid, p. 2.
24 Eugene Kiely (January 23rd, 2017). Trump and Intelligence Community. FactCheck, Available through:
http://www.factcheck.org/2017/01/trump-and-intelligence-community/ (Accessed March 26th, 2017).
25 Miroslav Talijan, Hatidža Beriša, Rade Slavković (2016). The Battle against Islamic State: Some of the
Possible Strategies. International Scientific Conference „Archibald Reiss Days“ Proceedings, vol. 2, p.
338.
pick the remnants”26, and after that he supported the Russian military intervention in Syria. In
2016 Trump changed his rhetoric with focusing on the US military capacities for combating
ISIS. First he proposed sending 20-30 thousand troops, but soon withdrew that statement,
and then proposed the use of NATO and neighboring states (in the Middle East) in ousting
ISIS from the region. In many of his speeches, the fight against ISIS was connected with the
fight against the “radical Islamic terrorism”.
In the presentation of the new administration’s program at the White House website, it is
pointed out that “defeating ISIS and other radical Islamic terror groups” will be of the highest
priority, and that joint and coalition efforts will be needed. In the inaugural address, the new
President stated that the United States intent to “unite the civilized world against Radical
Islamic Terrorism”. It is initially obvious that, differing from the notion of “fight against vio-
lent extremism” used by the Obama administration, the new administration talks about the
fight against radical Islamism. However, relation towards rhetoric on radical Islamic terrorism
changed after Trump began staffing the new Cabinet and Executive Office. New National Se-
curity Advisor, Lt. Gen. H.R. McMaster, already gave his stand regarding the fight against the
radical Islamic groups. In February 2017, he stated that the label of “radical Islamic terrorism”
was not helpful as the perpetrators were “un-Islamic”, which is regarded as a “break from
the rhetoric” of Trump’s presidential statements.27 Something closer to the stand of Obama’s
administration, which is also encouraging in terms of shifting the discourse from presidential
campaign towards more realistic approach. Fight against international terrorism remains one
of the keystones of the United States’ foreign policy in the upcoming period. The threat of the
Islamic State is still grave for the international security, so it is understandable that Donald
Trump administration will remain in this course.
CONCLUSIONS
Donald Trump’s “reality check”, apart from realizing that the division of power in the Unit-
ed States is still a keystone of the American political system, is also visible in his relation to
the Intelligence Community and very sensitive question of the future course of American
national security policy. First, he realized that the IC is very complex and sensitive legislative
and institutional framework and a backbone of the United States counterterrorism strategy.
The U.S. involvement in the fight against ISIS during the previous administration could not
be implemented without the strong IC. Also, new administration should carefully cooperate
with the Intelligence Community, where the position of the Director of National Intelligence
is probably the key one. “The Director of National Intelligence would be the key player for
implementing any intelligence community reforms dealing with security clearance, intelli-
gence acquisition, and information sharing.”28 Also, President Trump is going to have “a lot
of executive discretion as president on how to use the intelligence community, starting with
his Director of National Intelligence, former Republican Senator Dan Coats. As a highly suc-
cessful businessman, Trump will quickly learn that the director’s office works best with a very
26 Donald Trump running for President (Interview) (June 17, 2015). FOX News, Available through:
http://www.foxnews.com/transcript/2015/06/17/donald-trump-running-for-president.html (accessed
March 10th, 2017).
27 Rebecca Flood (February 25th, 2017). Donald Trump and his New National Security Advisor Look
Set to Clash on Radical Islam. Independent, Available through: http://www.independent.co.uk/news/
world/americas/donald-trump-national-security-advisor-clash-islam-radical-mcmaster-a7599641.
html (Accessed March 25th, 2017).
28 Cully Stimson (January 24, 2017).Will Trump Reform the Intelligence Community? History Offers Some
Clues. The Daily Signal, Available through: http://dailysignal.com/2017/01/24/will-trump-reform-the-
intelligence-community-history-offers-some-clues/ (accessed March 10th, 2017).
small but highly competent staff that promotes integration and collaboration among the 17
intelligence agencies under its charge and does not conduct operational activities itself.”29 As
soon as he becomes well- informed by the closest Cabinet members about the national se-
curity priorities, capabilities and strategic and legal framework, the “big picture” will start to
appear. Bearing in mind that the threat posed by ISIS is still on, this should be done as soon
as possible, if new administration plans to maintain and/or improve the national and interna-
tional security on the high level.
What are the challenges before the new administration? In the Intelligence Community
arena, there are two possible obstacles. Firstly, “the director of national intelligence can fos-
ter collaboration and cooperation between intelligence agencies, but has limited authority to
direct...”, which means that “...there is no central position that can enforce change throughout
the intelligence community.”30 Apart from that, there is a problem with different organiza-
tional structures of the 16 agencies, which are tailored for each of the agency’s mission, so the
biggest challenge will be to “create an analytical and communications structure that would
also make the intelligence community more effective as a whole.”31 In the fight against ISIS,
Feaver and Brands32 give four different possibilities for Donald Trump:
“As president, he faces a broad range of choices. At one extreme, Washington could aban-
don its military commitments in the greater Middle East on the assumption that it is U.S. in-
terference that provokes terrorism in the first place. At the other, it could adopt a heavy-foot-
print surge strategy that would involve using overwhelming military force to destroy globally
capable terrorist organizations and attempt to politically transform the societies that produce
them. In between lie two options: one, a light-footprint approach akin to that taken by the
Obama administration before ISIS’ rise; the other, a more robust approach closer to Washing-
ton’s response to ISIS since late 2014.”33
If we rely strictly on Donald Trump’s discourse shift both in his statements regarding the
Intelligence Community and fight against ISIS, we could draw a conclusion that there is a
sort of mindset change caused by taking the seat in the White House. Maybe there was even a
bigger reliance on his immediate personnel, especially advisory team, regarding the national
security policy. That is certainly an encouraging picture, especially after a first impression
that Trump publicly had before inauguration. But, one has to consider that there have always
been cyclical relationships between the presidents and the intelligence communities, and that
today’s misunderstandings and quarrels could become a matter of history as soon as the cir-
cumstances change. One of the possible solutions for ending this distrust could be swift and
clean ending of the ongoing fight against the Islamic State, something that has already begun,
which could open space for further leveling of differences that exist between the President
and the Intelligence Community.
REFERENCES
1. Adam D.M. Svendsen (2016). Developing International Intelligence Liaison against Islamic
State: Approaching “One for All and All for One”? International Journal of Intelligence and
CounterIntelligence, 29(2), 260-277.
29 Ibid.
30 Ibid.
31 Ibid.
32 Peter D. Feaver, Hal Brands (2017). Trump and Terrorism: U.S. Strategy after ISIS. Foreign Affairs,
March/April 2017. Available through: https://www.foreignaffairs.com/articles/2017-02-13/trump-and-
terrorism (Accessed March 30th, 2017).
33 Ibid.
2. Carl J. Jensen, David H. McElreath, & Melissa Graves (2013). Introduction to Intelligence
Studies. Boca Raton: CRC Press.
3. Miroslav Talijan, Hatidža Beriša, Rade Slavković (2016). The Battle against Islamic State:
Some of the Possible Strategies. International Scientific Conference „Archibald Reiss Days“
Proceedings, vol. 2, pp. 336-346.
4. Neal A. Pollard & Lt John P. Sullivan (2014). Counterterrorism and Intelligence. In: Robert
Dover, Michael S. Goodman, and Claudia Hillebranad (Eds.). Routledge Companion to
Intelligence Studies. London: Routledge.
5. Paul R. Pillar (2011). Intelligence and U.S. Foreign Policy: Iraq, 9/11, and Misguided Reform.
New York: Columbia University Press
6. Peter D. Feaver, Hal Brands (2017). Trump and Terrorism: U.S. Strategy after ISIS. For-
eign Affairs, March/April 2017. Available through: https://www.foreignaffairs.com/arti-
cles/2017-02-13/trump-and-terrorism (Accessed March 30th, 2017).
7. Stephen Marrin (2017). Why Strategic Intelligence Analysis has Limited Influence on
American Foreign Policy. Intelligence and National Security, DOI:10.1080/02684527.201
6.1275139.
8. Stephen Marrin (2014). “The United States”. In: Robert Dover, Michael S. Goodman &
Claudia Hillebranad (Eds.). Routledge Companion to Intelligence Studies. London: Rout-
ledge.
9. William F. Brown, Americo R. Cinquegrana (1985). Warrantless Physical Searches for For-
eign Intelligence Purposes: Executive Order 12,333 and the Fourth Amendment. Catholic
University Law Review, 35(1), 97-179.
LEGISLATION
10. An Act to promote the national security by providing for a Secretary of Defense; for a Nation-
al Military Establishment; for a Department of the Army, a Department of the Navy, a De-
partment of the Air Force; and for the coordination of the activities of the National Military
Establishment with other departments and agencies of the Government concerned with the
national security. Congress of the United States of America, 61 STAT. 495.
11. An Act to Authorize Electronic Surveillance to Obtain Foreign Intelligence Information.
Congress of the United States of America, 92 STAT. 1783.
12. An Act to Reform the Intelligence Community and the Intelligence and Intelligence-related
Activities of the United States Government, and for other Purposes. Congress of the United
States of America, S. 2845.
13. Executive Order No. 12,333 – United States Intelligence Activities, 3 C.F.R. 200 (1981
Comp.).
14. Executive Order No. 13,354 – National Counterterrorism Center, 3 C.F.R. (2004).
INTERNET SOURCES
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able through: http://www.foxnews.com/transcript/2015/06/17/donald-trump-run-
ning-for-president.html (accessed March 10th, 2017).
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Trump/?on=national-security (accessed March 1st, 2017).
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foreign-policy-and-defeating-isis (accessed March 10th, 2017).
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Offers Some Clues. The Daily Signal, Available through: http://dailysignal.com/2017/01/24/
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lam-radical-mcmaster-a7599641.html (Accessed March 25th, 2017).
PREVENTION OF VIOLENCE IN SPORT1
Assistant professor Darko Dimovski, LL.D
Assistant Ivan Ilić, LL.M
Assistant Ivan Milić, LL.M
Faculty of Law, University of Novi Sad
Abstract: Considering the fact that sport is not characteristic of the modern age only,
the authors have highlighted that the first cases of violence in sport have already been
occurring in antiquity. This type of criminal violence has endured regardless of the
changes of socio-political systems. Taking into account this circumstance, the authors
have analysed a group of measures which when combined should contribute to the
reduction of the amount of violence in sport by their preventive effect. T h us, in this
article have been written about measures of educational character (fan coaching)
whose base is the pursuit of education supporters, with a view to their conformist
behaviour. The existence of so-called fan embassies, as the next preventive measure,
enables visiting supporters to satisfy their needs in one location in the city hosting the
sports event. As certain supporters are not participating in organized visits of the host
country, it is necessary to develop special preventive measures for dealing with them.
This special preventive measure for violence by supporters who are not in organized
attendance of a sports event is embodied in the presence of so-called “accompanying”
personnel. For this reason, the authors have dedicated a separate chapter of the work
to the analysis of the need for presence of support personnel and their role in the
prevention of violence in sport. As the next measure of prevention of violence in sport,
the authors have cited the organization of the sports event, during which a balance
must be found between a high level of safety for spectators and economic interests.
The next measure of prevention of violence in sport is to be found in strengthening
of relations between sports clubs, on the one hand, and the supporters on the other,
leading to stronger social influence of the sports clubs. The increased involvement of
clubs, as the next measure of prevention of violence during sports manifestations, is
present in the education of young people who are practicing sport as well as stressing
the importance of the value of sports ethics. The last preventive measure of violence in
sport, which is the subject of analysis by the authors, is the greater involvement of local
authorities in giving positive impulses to sports clubs, societies, and non-government
organization in the fight against violence during sports manifestations.
Key words: sport, violence in sport, prevention.
1 This work is realized within the project no. 179046 of the Ministry of education, science and
technological development of the Republic of Serbia
298 Darko Dimovski, Ivan Ilić, Ivan Milić
INTRODUCTION
Sport, excluding maybe extreme varieties, develops noble feelings in people, contributes
to their wish for victory and their perseverance. However, it also creates the possibility for
the will to win to be turned into victory at all costs, and for perseverance to turn into obsti-
nateness and recklessness. This applies for active sportsmen, but also to passive spectators of
sports events during competitions – the supporters.2
Violence in sport is not a phenomenon imminent to the modern age. Its roots can be
traced all the way to antiquity. The practice of sports has served as preparation for waging
war. Some, like Poliakof, believe that the Greeks of antiquity have discovered the value of
practicing combat sports after the battle at Marathon, during which the Greeks and Persians
battled in 490 B. C. with bare hands (Jewell, Moti, Coates, 2011:17).3 The first cases of vio-
lence in sport were recorded in antiquity. The Romans held gladiator fights to the death. To
illustrate the widespread violence in sport, we shall quote a sentence from the famous Roman
philosopher Seneca: “In the morning, men are thrown to lions and bears. At mid-day they are
thrown to the spectators themselves.”4 In this way, the audience demanded the fight between
two gladiators to the death.
The occurrence of violence in sport endured in all epochs, regardless of the socio-eco-
nomic context. The scientific community has begun to examine the forms of violence, its
cause and measures of its prevention in sport only in the second half of the XX century. The
reason for this has to be sought in the popularization and commercialization of sports in the
XX century, when they became a global phenomenon. Violence in sport, in the modern sense,
is tied to the hooligan5 supporter groups in England.6Society’s reaction to this pathological
occurrence has ensued after several tragic events, of which two in particular stand out due
to their consequences. In the final match of the European Champions Cup between Juventus
and Liverpool in the Heysel stadium on May 28, 1985, 39 supporters of the Italian club lost
their lives. The English supporters had caused the collapse of a part of the stadiums seats, on
which the supporters of Juventus were located. The second event happened at the stadium
Hillsboro, during the match between Sheffield-Wednesday and Liverpool. That day 96 sup-
porters died. After that, England defined a series of crimes and prescribed prison sentences
for causing of incidents at stadiums with the adoption of the Football Spectators Act of 1989.7
Examples of violence in sport have continued after these tragic events. Thus, the countries
were forced to work on the prevention of this type of criminal violence with a combination
of repressive and preventive measures. In the following portion of the work the authors shall
give a brief overview of the measures of preventing violence in sport.
2 Dimovski, D., Social predetermination of violence in sport, Social thought, Belgrade 2009, no. 1, p. 115
3 Jewell, T., Moti, A., Coates, D., A Brief History of Violence and Aggression in Spectator Sports,
Springer, USA, 2011, p. 17.
4 B. Wingate, Violence at Sports Events, The Rosen Publishing Group, New York, 2009, p. 10.
5 The terms “hooligan” and “hooliganism” date back to the XV century, but in expert literature only in
the XIX century. This term signifies the destructive behavior of an individual or a group, which crosses
social norms (Lj. Mitrović, Violence at sport events, Social thought, 1/2009, p. 23).
6 For more on the subject see: D. Bodin, L. et al, Sport and violence in Europe, Zagreb, 2007.
7 More on the legal framework in England: D. Šuput, The Legal Framework for fighting against violence
at sports manifestations in European Countries, Foreign Legal Life no. 1/2010, p.240
PREVENTION OF VIOLENCE IN SPORT 299
MEASURES FOR THE PREVENTION

OF VIOLENCE IN SPORT
Great efforts were made for measures preventing violence in sport after the tragedy in
Heysel stadium. The preventive measures were developed on the national and internation-
al level through the cooperation of authorities of internal affairs, the installation of visual
surveillance in stadiums, the building of better infrastructure, control of supporters, the or-
ganization of ticket sales, as well as the adoption of special legislation to improve the legal
framework the fight against violence in sport.
Starting from the fact that the greatest amount of violence in sport occurs during football
matches, the authors shall introduce measures for the prevention of violence in sport through
the spectrum of events at football fields. Football matches take place during the whole year
because of which it is necessary to set mid and long-term goals in regards to the prevention
of violence during football matches. Mid-term and long-term goals can be achieved through
the combination of stimulation, development, as well as the strengthening of educational and
social activities aimed at the perpetrators of violence in sport – the supporters, by which this
type of criminal behaviour can gradually be reduced. During football matches it is necessary
to have good capacities for security, with special attention to the organization of the match
itself, as well as the happenings on the stands and outside of the stadium. For the successful
prevention of violence cooperation between representatives of local authorities and the dif-
ferent structures within the club is necessary. The safe organization of international matches
requires the presence of a person, traveling together with guest supporters, and responsible
for the lodging of the supporters and their other needs.8
A combination of measures to prevent violence in sport, such as measures of educational
character (fan coaching), the existence of so-called fan embassies, the selection of accompa-
nying staff, good organization of sports events, strengthening the links of the club and the
fans, the club increased commitment, greater involvement of local authorities as a measure
of prevention of violence in sport, creates conditions for the reduction of violence in sport.
EDUCATIONAL MEASURES FOR THE PREVENTION

OF VIOLENCE IN SPORT
The prevention of violence in sport, especially violence during football matches as the
most present type of violence, requires a combination of different measures of prevention.
One of the measures is the education of supporters. As hooligans are the carriers of violence
during football matches, special attention for the prevention of violence in sport is given to
the application of measures for the prevention of violence in sport. At the same time, it is
necessary to stress that hooligans have begun to employ more refined means for expressing
their aggression, while violence has moved from the field to the space in front of the stadium,
which requires the application of long-term educational measures aimed at reducing the hoo-
ligans’ expression of aggression.9
Because of this certain European countries have undertaken educational measures, which
are in the jurisdiction of social workers and aimed at a certain number of problematic sup-
porters. An example of the application of this measure for the prevention of violence in sport
is the organization called The Fan Coaching Association of Liege (Belgium), which was
8 Comeron, M., The Prevention of Violence in Sport, Council of Europe, Strasbourg, 2002, pp. 13-14
9 Comeron, M., op. cit., p. 14.
founded in 1990. The basis for the work of this organization was laid out by the Professor of
criminology Georges Kellens and Commander of the gendarmerie Guy Wietkin in coopera-
tion with the representatives of local authorities. The essence of their idea is that supporters
will not behave aggressively while seeking employment or the completion of administrative
affairs.10 In other words, fan coaching consists of activities, which are undertaken on the very
day of critical sports event, as well as educational and social activities undertaken between
two sports events. On the day of the critical sports event it is important to undertake activities
which will reduce the risk of violence occurring to a minimum. These activities are materi-
alized in the mediation of specially trained people between supporters and the employees
of internal affairs bodies as well as between supporters and spotters. Because these specially
trained people are on location, their capacity for calming all potentially dangerous situations
is great, because channels of communication are always open between supporters and match
security.11
As we have already mentioned, educational and social activities are conducted between
sports events. During the week in which the critical match is to be held, field trips, so-called
street-art manifestations are held and visits to local clubs are organized with problematic sup-
porters.12
In contrast to sport, which is subject to strict rules, some criminologists believe that only
engaging in certain physical activities, without the existence of strict rules, represents its
comparative advantage in the prevention of delinquency, and thus criminality during sports
manifestations.13 An example of such a program is known as the Outward Bound program,
which in essence is not only about engaging in physical activities, but about learning basic
techniques for surviving in wilderness. At the same time, training within the Outward Bound
program the delinquents learn how to fulfil certain tasks in a short period of time, with the
strengthening of trust between themselves as well as between them and the trainers.14 The
outward-bound program was conceived in England during World War II with the goal of
teaching basic survival skills to sailors on trade ships. In 1960s, the Outward Bound pro-
gram experienced its golden age in the United States of America. This program is supposed
to contribute to the development of self-control and group cohesion and solidarity in the
delinquent population.15In the federal state of Virginia, the town of Alexandria, races were
organized between minors who committed crimes by the Road Runners Club of America.
The result was the reduction of the participation of minors in crimes, which were, among
others, committed at sports events. During 2008 and 2009 the pilot project called Sport 4 All
Youth was launched on the St. Lawrence River in Brockville in the federal state Ontario. The
goal of the project was to allow delinquent youths, especially those coming from families with
low socio-economic status, to participate in wakeboarding events. The result was a drop in
underage delinquency.16
At the same time, together with adventure activities, for the further prevention of violence
at sports manifestation by supporters-minors it is possible to organize classic sports activities,
10 Retrieved 12. May 2016 from http://efus.eu/en/topics/places-and-times/large-events/%ACtivity%/5672
11 Retrieved 22. May 2016 from http://www.peacepalacelibrary.nl/ebooks/files/Coe11.pdf
12 Frosdick, S., Marsh, P., Football Hooliganism, Willan Publishing, Devon, 2012, p. 152.
13 Cameron, M., MacDougall, C., Crime Prevention through Sport and Physical Activity, Australian
Institute of Criminology, Australia, 2000, p. 3. Retrieved 05 January 2014 from http://www.aic.gov.au/
documents/3/E/F/%7b3EF114BC-51A4-4311-A912-0E9AD1833995%7dti165.pdf
14 The Yearbook of the National Society for the Study of Education, The National Society for the Study
of Education Chicago, 1998, p. 144.
15 Walters, G., Foundations of Criminal Science: The use of knowledge, Greenwood Publishing Group,
New York, 1992, p. 163.
16 See: http://www.huntsville.ca/en/documentuploads/Agendas/doc_634347663696986367.pdf,
accessedon 28.12.2013.
such as football and basketball games. Examples for this type of prevention of violence by
minors is possible to find around the world. Kansas City in the federal state of Missouri has
started a basketball program in the evening and night hours, which has led to the decrease in
underage delinquency between Afro-Americans. The results achieved exceeded expectations.
According to Kansas City police reports, there was a total drop in underage delinquency of
two thirds in those areas where this prevention program existed for delinquent youths be-
tween ten and twenty years of age.17In this way an indirect contribution was made to the
reduction of violence during sports manifestations.
Within the framework of this measure for the prevention of violence in sport, it is pos-
sible to organize educational actions for young supporters, although it is necessary to keep
in mind that not all hooligan groups are the same. It is therefore necessary to adapt these
preventive measures to each one of them.18 At the same time, these activities, as the crim-
inologist Comeron has already highlighted, must not be reduced only to local supporters,
but also the supporters of visiting teams. The continued action has yielded results in the re-
duction of the expression of violence by supporters. The idea has been accepted not only in
Belgium, but also in clubs in Germany, the Netherlands and Sweden, which have all adopted
the same concept.19 The success of the work of this organization is also evidenced by the fact
that in 2011 it received the European Football Supporters Award.20 Preventive action using a
fan-coaching are implemented in the organization of international tournaments in football,
such as the European Championship. Namely, since the European Championship, which was
held in England from 08 to 30 June 1996, each host city had organized places where fans could
get all possible help and assistance while they were away from home. This practice continued
at every upcoming football championship. Thus, for example, during the World Cup held in
South Korea and Japan in 2002, all the fans had an opportunity to use a free public transport
to the football stadium and back to the centres of cities hosting the sports event. Niigata City
(Niigata) provided 300 buses in order to transport 23 thousand fans to the football stadium
and back, which led to the fact that every fan was really satisfied and because of that safety on
the stadium and outside it was at a higher level.
ORGANIZING FAN EMBASSIES AS A MEASURE

OF PREVENTION OF VIOLENCE IN SPORT
Close ties with fan coaching include the following measure in order to prevent violence
at sports events. The essence of preventive measures as the fan embassies is to enable visiting
supporters a certain place in the city hosting a sports event where they can satisfy all their
needs. At the same time, this is the place where visitors are allowed to speak their native
language with the officials who are familiar with all the details of the upcoming sports event,
while none of the home crowd is not allowed to disturb them. In that way all the problems
visitors may have while they are roaming in another country, such as problems with trans-
portation to the sports facility and back, buying tickets, accommodation, loss of documents,
theft of money or health problems are solved. Pioneers in the application of these measures
17 Dimovski, D., Prevencija kriminaliteta kroz bavljenje sportom i fizičkom aktivnošću, Zbornik radova
Pravnog fakulteta u Nišu, Centar za publikacije, Niš, br. 69, 2015. godina, str. 136.
18 Titley, G., Young People and Violence Prevention: Youth Policy Recommendations, Council of
Europe, Hungary, 2004, p. 48.
19 Retrieved 12. May 2016 from http://efus.eu/en/topics/places-and-times/large-
events/%ACtivity%/5672/
20 Retrieved 12. May 2016 from http://www.fsf.org.uk/latest-news/view/belgian-group-wins-european-
football-supporters-award-2011
on prevention of violence at sporting events are the Football Supporters Association (FSA).
In fact, even at the World Cup in Italy in 1990 the Football Association wanted to change the
image of their supporters abroad, and in cooperation with the staff and the FSA, organized fan
embassies to encourage conformist behaviour of their fans. After that there has been a change
of attitude towards the fans of England.
At the same time, during the football World Cup in France in 1998 mini-buses were or-
ganized for English and German fans in which they could refer to Championships officials
so they could help them solve any problem. Positive results were confirmed by the University
of Liege, which in the period from 1997 to 2000 conducted a criminological study of the fan
embassies. One of the recommendations that came out of the criminological studies is the
introduction of these measures on prevention of violence in sport in the countries hosting
sports events. Therefore, during the European Championship in football in 2000 the Nether-
lands and Belgium implemented this recommendation to reduce the risk of the outbreak of
violence by visitors.
THE EXISTENCE OF SUPPORT STAFF AS A MEASURE

Mobility of fans, as well as their heterogeneity, is one of the basic characteristics of fan
groups. Some fans do not come to a country where sports is organized, and they do not use
all the benefits of official organizations in the host country. Therefore, it is necessary to work
on developing specific prevention measures that are based on work with the fans who come
to the host country in small groups which are not organized. This special measure in order
to prevent violence coming from fans which are not organized as such is reflected in the ex-
istence of so-called support staff. The support staff should know the language of the fans, as
well as their culture and habits. The choice of this person is imposed by the people originating
from the same country as the fans. Successfully performing tasks by supporting staff imposes
an obligation to travel together with the so-called unorganized fans, where it is necessary to
follow up the support staff dynamics and resting of such fans. At the same time, support staff
must be present one day earlier, which raises security to a higher level. In this way, unorga-
nized fans are provided the same scope and quality of services provided by support staff and
fans who live in the so-called fan embassies. In other words, unorganized fans in this way have
a chance to solve problems such as trouble with the transportation, ticket, accommodation,
loss of documents, theft of money health problems.
In order to provide that the level of service to the unorganized fans is at a satisfactory
level, special attention should be paid to the structure and selection of support staff. Selection
of individuals for support staff should be based on criteria set by the host state. In fact, the
host selects from the list of candidates compiled by the country disorganized crowd is coming
from, using the criteria of independence, flexibility, communication skills and adventurous
nature. Engaging in this business does not necessarily require that individuals should be ex-
perts who work on the prevention of juvenile delinquency and hooliganism or social pro-
tection, but it is necessary that they support the prevention of violence in sport by fans. The
selection procedure can be simplified if the host has citizens originating from the country of
the visiting fans. The countries in Western Europe are leaders in the possibilities of engaging
individuals to work as support staff, particularly in the case of hosting national teams of the
countries from the Balkans.
GOOD ORGANIZATION OF SPORTS EVENTS AS A MEASURE

As a further measure of prevention of violence in sport we can mention the importance of
a well-organized household, as well as monitoring of fans to the stadium where the match will
take place. The guiding idea for organizing various sporting events should be the importance
of the security of not only the direct participants in a sports event, but also the safety of spec-
tators in relation to the economic interest. In other words, during the organization of sports
events, it is necessary to find a balance between satisfying all necessary safety standards in
the light of the risks, on the one hand and the need not to endanger the entertainment value
of such events, on the other hand. In order to achieve the necessary balance it is necessary to
take into account that a sporting event should be pleasant for the home fans and the fans of
the other team.
Practice has shown that integrated system operation of security services with adequate co-
operation of authorities allows that the safety of the participants and spectators of a sporting
event is at the maximum level, without compromising the pleasure such an event provides.
Consideration of challenges connected to security from various aspects in planning, organiz-
ing, as well as the sporting event is essential in order to achieve these goals. When organizing
international sports events the degree of coordination of various security agencies should be
even better, because when such an event is organized it is necessary to establish beneficial and
timely cooperation with foreign security agencies. Only the joint operation of domestic and
foreign services at different levels can provide prevention of violence at sporting events, while
the guiding principle of the work of security services must be the concept of hospitality. In
this way it is possible to provide the best treatment for foreign fans. All preventive measures
taken before the sporting event contribute to the comfort of the fans.
Preventive measures whose main goal is well organized household are demanding not only
to track visitors, but also that the local population should be well prepared for the arrival of
a large number of supporters of the opposing team. The local population, in addition to con-
tributing to the warm welcome of visitors, has a stake in how successful sports events will be
on and off the field. At the same time, it is necessary to bear in mind that when it comes to
important sporting events some problematic young people may feel discriminated and that
should be avoided, because that can only increase their frustration which can led to the expres-
sion of violent behaviour. The same analogy applies in the case of troubled neighbourhoods. To
overcome this problem it is necessary to cooperate with non-governmental organizations, as
well as centres for social work, in order to prevent the rejection by the society the young people
may feel at the time of important sporting events. As an example that it is necessary to work
on preventing young people from feeling rejected is best to state the developments at the Euro-
pean Championship in football in Belgium and the Netherlands in 2000, when young people
thought that their only role in this sporting event was attacking English fans.
Organizing major sporting competitions is an ideal opportunity for local hooligans to
promote themselves as leaders of fan groups using mass media. The mass media can play an
important role in the accumulation of excess energy fans have and spending it in the way
that is allowed during sports events. The media’s role is to provide as much entertainment to
a wider range of people. Giving attention to athletes, but also prominent supporters of the
hooligans from the media, provides media a high rate of viewership. Paradoxically, this par-
ticularly applies to situations related to any form of violence manifested in the sport - from
less important to the events with tragic consequences. Very often, the media are “glorifying”
those athletes and hoodlums that are controversial and who behave aggressively. Very often
the media glorify violence in sport, using the sensational and bombastic headlines in their
broadcasts and print publications. Taking preventive measures during the European Football
Championship in 2000 in the Belgian city of Liege is a good example of how the active work
with the most extreme fans in areas that are most burdened by violent hooligans have an im-
pact on preventing violence at sporting events, which leads to decreasing in the popularity of
the news reports. In that way the internal affairs authorities are relieved, which can lead to the
possibility of their involvement in other activities in combating crime.
STRENGTHENING CLUB AND FAN TIES AS A MEASURE

The following measure in order to prevent violence at sports events is, as already men-
tioned, noted by criminologist Comeron, in strengthening relations between the sports club,
on the one hand, and the fans, on the other hand, where there is a higher social impact sports
club can have. Certain sports are the connective tissue in a society or community. Therefore,
it is necessary to use as a sport binding agent of a greater number, especially for young peo-
ple. At the same time, in that way a positive relationship is created with the local authorities.
Sports clubs in some countries, such as Scotland and Scandinavia, cherish positive culture of
their own fans on the basis of what fans have become ambassadors of fair play, not only in
this country but also abroad. Through positive culture dialogue is cultivated between the fans
of a country and the opponent team and then fans or the club, which contributes to calming
tensions between fans of the two clubs or representation.
As an example of a good connection of sports clubs, particularly football, with their fans is
Denmark. In fact, this country in 2003 founded the Danish Football Fan clubs (DFF), which
has over 50,000 dedicated football fans. This organization provides a forum for fans of 29
clubs in which to discuss issues important to the supporters of different football clubs. At the
same time, DFF has established a Standing Committee on Security and Prevention of Vio-
lence, racism and vandalism among fans.21
Modern sport, including the football as the most popular game in the world, leads to the
fact that an average fan is passive comparing with a sporting event, whereby he has not as-
sumed any responsibility for his behaviour. As for passivation of the fans and the lack of any
responsibility for their behaviour an example of the club Neftchi from Baku (Azerbaijan) may
be cited. The club was founded by the so-called Union of their fans, whose task to organize
trips to away fans courts, as well as providing assistance to fans upon arrival at the home club.
At the same time, the federations’ union provides assistance to law enforcement agencies to
increase security at sports stands.22
INCREASING THE ENGAGEMENT TEAM AS A MEASURE

Increasing the involvement of the club, as the next measures to prevent violence at sports
events, is reflected in the education of young people involved in sports, as well as emphasizing
the importance of the values of sports ethics. Sports such as football, basketball and others,
are such social phenomena that permeate the everyday activities of people, and therefore the
21 Retrieved 17 May 2016 from http://www.fairfans.dk/english/

22 Retrieved 17 May 2016 from http://www.peacepalacelibrary.nl/ebooks/files/Coe11.pdf
engagement team for the sake of prevention of violence in sport should not be limited to a
certain day of the match, but there must be continuity in the measures taken.
As clubs have a symbolic value for ordinary fans, where this value is even more accen-
tuated in extreme fans (hooligans), sports clubs must play a leading role in the promotion
of social policy in which the commitment to youth sports, youth education, and conformist
behaviour will be high appreciated in a local community. As an example of increasing the
involvement of clubs in preventing violence in general, and on the sports field, through work
with troubled children, we can mention the football club Leeds United. Specifically, this foot-
ball club, together with the Ministry of Education organizes classes for children who have
specific problems in learning, in the official Leeds United bus. The results were more than sat-
isfactory, because all the troublesome students upon completion of the project showed better
success in mastering the material.23 Liverpool football club, from the English town of the same
name, has done the most in the field of crime prevention in general and on the sports field.
The reason for the dedication of the football club Liverpool in crime prevention can be found
in the fact that the supporters of this club were the perpetrators of one of the greatest trag-
edies in the history of football - events at the Heysel stadium in Brussels during playing the
final match of the European Cup (forerunner of the Champions League) on 29 May 1985. The
result of this event was the decision by the UEFA to ban all English clubs participating in the
Euro Cups for five years. Aware of their part of responsibilities in the Heysel Stadium disaster,
Liverpool football club took responsibility in the prevention of crime in such a way that at the
end of 1980sthey initiated a special program, along with five other clubs under the auspices of
the Professional Footballers’ Association, whose aim was to improve the connection between
football clubs on the one hand, and local communities, on the other hand. Already in 1993
there was an expansion of this initiative to other football clubs in England.24One of the actions
taken to prevent socio-pathological behaviour of juveniles refers to a football camp in which
professional footballers promote a life without the use of drugs, whose use is closely linked
to criminal activities, in order to provide funds for its purchase. Since fleeing from school,
as pre-criminal behaviour is in relation with committing criminal offenses by juveniles, Liv-
erpool football club initiated a special award certificates to those students, who in a certain
period of time attended school regularly.25
Another example of greater involvement of sports clubs in the promotion of sports ethics
is a project called Lille Métropole (LOSC) in the French city of Lille. In the framework of this
project the playing of football was promoted with the involvement of professional players in
certain neighbourhoods where amateur football matches were organized. Among the East Eu-
ropean countries that have recognized the benefits of greater engagement with sports clubs in
the local community we can mention the Czech Republic. Thus, in the Czech Republic there
are supporters clubs founded for children aged 8 to 12 years, with the aim of promoting sports
and educational activities. At the same time, experts from social work centres are engaged
in such activities, where activities are undertaken in a separate room of the club. In this way
children are taught about conformist behaviour at sports events and in other circumstances.26
In addition to the countries of Europe other countries also implement similar measures
of prevention of juvenile delinquency. In fact, Australia has developed a so-called Kick-Start
program, which is funded by the Australian Football League (Australian Football League).
Among other objectives of this program there can be specified reduced fuel abuse by juveniles
23 Ibidem
24 M. Johnson, M. Summers, Sports Marketing, Thompson Learning, Australia 2005, p. 64.
25 M. Cameron, C. MacDougall, Crime Prevention Through Sport and Physical Activity, Australian
Institute of Criminology, Australia 2000, p. 4. Retrieved 05. January 2014 form http://www.aic.gov.au/
documents/3/E/F/%7b3EF114BC-51A4-4311-A912-0E9AD1833995%7dti165.pdf
in such a manner that breathing in its fumes would achieve psycho-physical condition similar
to that achieved by using drugs.27In addition to engaging the umbrella organization of football
in the prevention of crime and delinquency of minors, some football clubs have been work-
ing on the prevention of juvenile delinquency in the way that they visited some penitentiary
institutions for juveniles. The members of football clubs Carlton, Brady Anderson, and the
Kangaroos (former name of the North Melbourne), Glenn Manton, as well as a member of
the Australian Olympic Handball Team Sandra Zlatanovski visited Parkville Youth Residen-
tial Centre in the Australian state of Victoria with the aim of applying the model professional
athletes change the way of thinking and behaviour of juvenile delinquents.28
GREATER INVOLVEMENT OF LOCAL AUTHORITIES

AS A MEASURE OF PREVENTION OF VIOLENCE IN SPORT
The following preventive measure against violence in sport embodies a greater involvement
of local authorities. The local authorities have to be stakeholders in preventive measures against
violence in sport in terms of providing positive impulses to the sports clubs, associations and
non-governmental organizations in the fight against reducing the scope of violence at sporting
events. Local authorities represent the ideal level of government to secure rapid operationaliza-
tion of the agreed preventive measures with other carriers fighting to reduce violence in sport,
which requires the conclusion of a contract between them.29The importance of engaging local
authorities in preventing violence in sport is best evidenced by the fact that local authorities,
for example, in Germany provide 98% of public resources to finance sports activities, while
the percentage is slightly lower in England and amounts to 95%.30 At the World Cup in South
Korea and Japan, we have already mentioned in this article, local authorities in the aforemen-
tioned city of Niigata in cooperation with organs of internal affairs and mass media undertook
a number of activities aimed at increasing the level of security. Specifically, as the citizens of
Niigata did not have any experience with hooligans, and the fear increased due to malicious
reporting of certain media, the local authorities have taken a proactive security measures, put-
ting key locations in the city under control, working with the countries where the visiting fans
come from, as well as separating groups of fans of different teams.31
CONCLUSION
Violence in sports, as a form of crime of violence, has been done since the ancient times.
Its resilience in all socio-economic conditions with terrible consequences resulting from the
events at the Heysel Stadium at the match between Liverpool and Juventus held on May 28,
1985, when 39 fans of the Italian club were killed, as well as the event that took place at the
Hillsboro Stadium, at a match between Sheffield Wednesday and Liverpool, when 96 fans
were killed in riots, led to alarming the general public that violence in sports is an embarrass-
27 J. Sellwood, M. Dinan-Thompson, F. Pembroke, A Kickstart to Life for Indigenous Youth. http://www.

aare.edu.au/data/publications/2004/sel04253.pdf, January 06, 2014.
28 Life alternatives make a safer community, http://www.health.vic.gov.au/archive/archive2010/
humanservicesnews/oct00/altern.htm, January 07, 2014.
30 Bodin, D., Robène, L., Héas, S., Sport and Violence in Europe, Council of Europe Publishing,
Strasbourg, 2005, p. 93.
31 Prevention of violence in sport, p. 25. Retrieved 21. May 2016 from http://www.coe.int/t/dg4/sport/
Resources/texts/T-RV_2005_08_EN_Rapport_Lisbonne_FINAL_rev.pdf
ing problem that requires an adequate reaction from the state. Although after these events in
England there have been a series of crimes introduced with prison sentences for inciting riots
at stadiums, the adoption of the Law on Football Supporters in 1989,32 the extent of violence
in sport could not be reduced only to repressive measures. Therefore, countries around the
world have begun to create a variety of measures to prevent this type of crime of violence. At
the same time, it is necessary to emphasize that the operation of only one preventive meas-
ure is impossible to impact the level of violence in sport, and it is necessary to use a series of
preventive measures whose synergy will make a significant step towards reducing violence at
sporting events.
In this article, starting from the mentioned facts, the authors presented a variety of vari-
ous preventive measures, along with a detailed explanation of each of them individually with
the guidance of good practice. States which are faced with high levels of violence in sport
should implement in their national strategies for the prevention of crime the measures that
are particularly relevant for the prevention of violence in sport. Only in this way it is possible
to expect that the combination of certainty that perpetrators of violence in sport are punished
that all preventive measures will deter potential offenders from committing new crimes at
sports events.
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2. Bodin, D., Robène, L., Héas, S., Sport and Violence in Europe, Council of Europe Publish-
ing, Strasbourg, 2005, p. 93.
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ity, Australian Institute of Criminology, Australia, 2000, p. 3. Retrieved 05 January
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pp. 13-14.
5. D. Bodin, L. et al, Sport i nasillje u Europi, Zagreb, 2007.
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ropskim državama, Strani pravni život br. 1/2010, str. 240.
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9. Frosdick, S., Marsh, P., Football Hooliganism, Willan Publishing, Devon, 2012, p. 152.
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http://www.aare.edu.au/data/publications/2004/sel04253.pdf, January 06, 2014.
11. Jewell, T., Moti, A., Coates, D., A Brief History of Violence and Aggression in Spectator
Sports, Springer, USA, 2011, p. 17.
12. Kelly, I., Hamilton Accies 25 Year Roller Coaster Ride, Paragon Publishing, Rothersthor-
pe, 2010, p. 65.
32 More about the normative framework in England: D. Šuput, Pravni okvir koji uređuje borbu protiv
nasilja na sportskim priredbama u Evropskim državama, Strani pravni život br. 1/2010, str. 240.
13. Life alternatives make a safer community, http://www.health.vic.gov.au/archive/ar-

chive2010/humanservicesnews/oct00/altern.htm, January 07, 2014.
14. Lj. Mitrović, Nasilje na sportskim priredbama, Socijalna misao, 1/2009, str. 23.
15. M. Cameron, C. MacDougall, Crime Prevention Through Sport and Physical Activity, Aus-
tralian Institute of Criminology, Australia 2000, p. 4. Retrieved 05. January 2014 from http://
www.aic.gov.au/documents/3/E/F/%7b3EF114BC-51A4-4311-A912-0E9AD1833995%7d-
ti165.pdf
16. M. Johnson, M. Summers, Sports Marketing, Thompson Learning, Australia 2005, p. 64.
17. Prevention of violence in sport, p. 24. Retrieved 21 May 2016 from http://www.coe.int/t/
dg4/sport/Resources/texts/T-RV_2005_08_EN_Rapport_Lisbonne_FINAL_rev.pdf
18. Prevention of violence in sport, p. 25. Retrieved 21. May 2016 from http://www.coe.int/t/
dg4/sport/Resources/texts/T-RV_2005_08_EN_Rapport_Lisbonne_FINAL_rev.pdf
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tivity%/5672/
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21. Retrieved 12. May 2016 from http://www.fsf.org.uk/latest-news/view/bel-
gian-group-wins-european-football-supporters-award-2011
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23. Retrieved 17 May 2016 from http://www.peacepalacelibrary.nl/ebooks/files/Coe11.pdf
24. The Yearbook of the National Society for the Study of Education, The National Society for
the Study of Education Chicago, 1998, p. 144.
25. Titley, G., Young People and Violence Prevention: Youth Policy Recommendations, Coun-
cil of Europe, Hungary, 2004, p. 48.
26. Walters, G., Foundations of Criminal Science: The use of knowledge, Greenwood Publish-
ing Group, New York, 1992, p. 163.
27. Retrieved 28 December 2013 from http://www.huntsville.ca/en/documentuploads/Agen-
das/doc_634347663696986367.pdf
THE PRESENCE OF ISLAMIC EXTREMISM
IN THE BALKANS
Rade Slavković, PhD
University College of Defense Military Academy in Belgrade
Hatidza Beriša, PhD
Igor Barišić, MSc
Resume: Islam is the religion which was brought to the Balkans by the Ottoman
Empire. The result of centuries of Ottoman presence in the territory of today’s Balkans
has permanently changed the demographic structure of the national population. After
the fall of the Ottoman rule, the region of Southeast Europe in the religious sense
remained incompact.
The paper will present the contents which indicate the great importance of regional
Balkan Peninsula in terms of Islamic extremism, primarily as a touch area of the two
most powerful world religions. In addition, the paper explains different contexts in
which Islamic extremism occurs.
Keywords: Islam, fundamentalism, extremism, Balkan, Religion
INTRODUCTION
The Balkan region has a remarkable geostrategic position and has always been a subject
of interest of both regional and great world powers. It represents the bridge, and the link
between Europe and Asia, both in the physical and political, and in the religious sense. The
continuing struggle of interests caused numerous events that have left significant and long-
term consequences on the development of South-Eastern Europe. Religious tensions and
contradictions between Christianity on the one hand and Islam on the other hand have been
deepening for centuries and constitute the basis for a long-term policy action, both of political
and religious elites.
After the fall of the Ottoman rule in the Balkan region, religious sense remained incom-
pact. Compactness of the Christian religious corps disrupted the large population of Islamic
faith rooted in the genes of Turkish invaders, but also in the genes of the Christian world that
willingly or unwillingly converted to Islam. In this way, Islam as a religion permanently en-
tered the European continent and created a new quality of relations in the political, religious
and security scene. The Balkan region thus became paramount for which it was worth and is
worth fighting for. It became a place where the fates of nations and states are resolved.
Throughout history, the peoples who inhabit this part of the European continent have
been exposed to numerous influences of various religious, political and national conflicts. If
they wanted to survive they had to fight in order to save their homes, as well as the state and
the church or mosque. Life in the permanently unstable environment and the existence of a
310 Rade Slavkovic, Hatidza Berisa, Igor Barisic
large number of security threats affected the specificity of cultural and social development of
nations and religious communities in the Balkans. Specificities, under which it was created,
the security environment of the region, primarily multinationalism, the struggle for religious
domination, the intersection of interests of regional and world powers, as well as the complex-
ity of political relations, influenced the Balkans in many respects so that it differs from other
European regions.
Given the importance of the Balkan region, the degree of economic, social, cultural de-
velopment of the peoples who inhabit it, the question is why extremism appeared in this area.
How is it possible that at the end of the 20th and beginning of the 21st century, in the era of en-
tire spiritual, scientific, industrial and technological progress, the southeast of the European
continent is facing numerous security threats from extremism which occupies an important
place? The Balkans is a region that faces the existence and operation of a number of radical
organizations, ideological movements that propagate their ideas in a legally unacceptable way.
A common feature of all the extremist organizations and movements is the dose of exclusivity
to those who do not support their program. In addition, there is a threat to the realization of
their ideas through violent means including armed action1.
At the beginning of the 21st century, Islamic extremism experienced expansion around the
globe and became one of the major security threats of today. The use of terrorism as the most
important and practical method of operation, is characteristic for Islamic extremists. When
it comes to Islamic extremism, the widespread opinion is that it is directed only to the mem-
bers of other religious communities. However, the practice is not revealed. Terrorist attacks
carried out in the Christian world and the many terrorist attacks on dissidents and innocent
civilians in Muslim countries show that the target of Islamic extremism is anyone who does
not respect and does not support their ideology and intentions, regardless of ethnicity or re-
ligion. The Muslim world has filed numerous, if not the greatest human casualties as a result
of conflict of various Islamic extremist organizations. Of course, the largest Islamic extremist
organizations are represented in the Middle East and in other regions of the world inhabited
principally with Muslim population. However, due to the operating mode and the ability to
fit their ideas into the story and motives of official Islam, the followers of Islamic extremism
are also found in the areas with minority of Muslim population. Frequently, the followers and
the support they gain from the members of other religious communities after accepting Islam,
have as their aim achieving of defined interests. The geographical proximity of the region of
the Middle East and a number of listed specifics influenced the appearance and operation of
Islamic extremist organizations in the area of the Balkan Peninsula, as well.
The Balkan Peninsula is the most Muslim region in Europe, and naturally as such it is suit-
able for the entry and the spread of Islamic extremism. In the political, social, historical and
religious sense, the Balkans is a key crossroad where the geopolitical and geostrategic road
connects Europe and Asia. As a place where civilizations clashed for centuries, the Balkans as
the heart of southeast Europe was continuously subjected to various security challenges, risks
and threats of which a significant part of its roots lies in religious extremism. The importance
that the Balkans has for Turkey, which in the Middle Ages, brought Islam on European soil,
and as a country that is now emerging as a significant regional power, is immeasurable. The
area of the Balkans is a bond which is the cradle of Islam connected to Islam in Europe. The
fact that the homogeneity of Christian Europe is undermined precisely in its southeastern
part was influenced by the fact that the importance of the Balkans intensifies in different ways.
Certainly, one of the terms that indicate the importance of this part of Southeast Europe for
the Christian world is that the Balkans is the “bastion of Christianity”. However, if the Balkans
1 Хатиџа Бериша, Игор Баришћ, Катарина Јонев: „The Influnce of Islamic on the Global Security“,
Journal of Liberty and International Affairs, Specijal Isuse, Vol. 1 Supp. 1/2016, str.3-8
THE PRESENCE OF ISLAMIC EXTREMISM IN THE BALKANS 311
is for the Christians ramparts where they are kept, then we can certainly say that the Balkans
for Islamic world is a gateway to Europe, which is partly open. History has shown that this
gate has been unlocked and partially opened for the violent conquest of the Ottoman Empire
and aggressive attitude towards the Christian population that is reflected in the physical ex-
termination or converts to Islam. The place of historic confrontation of the two largest world
religions is fertile ground for the emergence of religious, principally Islamic extremism.
BALKAN AS A SOURCE OF ISLAMIC EXTREMISM

The Balkans, in the geopolitical sense, represents a very important area in which the re-
gional and world powers different interests intertwine. The importance of this area is great.
Modern political terminology used simultaneously names such as the Balkan Peninsula, the
Balkans, but also South East Europe and Southeast Europe. These terms have been used si-
multaneously in some periods, sometimes more often than the other one, which depended on
who used it and to what aim.
The Balkans usually reminded of territorial-political entity formed in this part of Europe,
or simply taken to signify affiliation to Europe as a whole2. For Germany, during World War
II, the term Southeastern Europe, meant the area south of the south-eastern borders of Ger-
many, to the southern borders of the Soviet Union and included both Turkey and Cyprus3.
The Nazi project of the new Europe, the Balkans and Southeast concepts were emerging as
juxtaposed fact never taking place. It was nevertheless an extremely important part of the
global discussion on the regulation of government millennial Reich on European soil4.
The shortest, cheapest and least demanding land corridor that connects Europe and Asia
extends across the Balkans. Southeast Europe and the Balkans region within it, represents an
exceptional base for a breakthrough to the Caspian Basin and on to Russia’s Far East. The rich
history of this region indicates a continuity of events that largely create regional and global
security scene. Practically, the region of Southeast Europe is not bypassed in any event of
importance for global security.
The Balkan region is of the great importance from the aspect of religion, especially Chris-
tianity and Islam. Advantageous features of relief and a natural openness affected the flow
of invasions that were historically guided in these areas. One of the most important was the
Ottoman Empire invasion of Europe. Incompetence and disunity of big European powers of
that time to resist the Ottomans resulted in centuries of enslavement of a substantial part of
the Balkans. Besides Christianity, Islam becomes the second world religion that has stepped
on the soil of Europe with great strides that will permanently affect the formation of the secu-
rity situation in the regional and global context. Numerous casualties, which were subjected
to Christian nations under Turkish administration in Southeast Europe, caused deep wounds
and lasting animosity towards Islam. On the other hand, the presence of the Ottomans in the
Balkans during the long historical period influenced the formation of the Turkish national
identity awareness that this natural space belongs to them and that they have a claim on it.
In addition, they refer to the high presence of Muslims in South East Europe, principally the
Balkans and the close relationships that Turkey has with them in this area.
2 Solaja, M.: Balkans in transatlantic crack, Center for International Relations, Banja Luka CIR, 2006, pp.20.
3 Matijasevic, D.: PhD thesis ‘’Security of South East Europe-constant strategic concept of NATO’’,
Faculty of Security, University of Belgrade, Belgrade, 2013, pp. 6th
4 Ristović, M.: Balkans in the Nazi project “New Europe” in the Second World War, meeting or a clash of
civilizations in the Balkans, the Historical Institute of SASA, Proceedings, Book 16, Belgrade, 1998, pp. 478th
Religious intolerance between Christians and Muslims that has been lasting for centuries
regional and world powers skillfully used to achieve their interests. Therefore, this region is
one of the possible crisis areas in the world that can quite easily be activated in order to serve
the interests of the holders of power in the region and the world. The evident example is the
war in the former Socialist Federal Republic of Yugoslavia, principally on the territory of
Bosnia and Herzegovina, Kosovo and the Republic of Macedonia. In addition, there are many
security problems in other parts of South-Eastern Europe, which basically have civilizational
and religious conflict between Christianity and Islam, such as a problem between the Greek
and Turkish Cypriots and the problem in Bulgaria with the Turkish national minority.
Those security concerns have basically a religious conflict, permanent in nature and as
such are highly suitable for the creation, development and operation of various forms of ex-
tremism5. Islamic extremism in the Balkans exists and it rests on the understanding of its
holders that the countries in the region have unequal attitude towards Muslims than other
non-Muslim population. In addition, Islamic extremism in South East Europe, principally in
the Balkan Peninsula extended the hand of Islamic extremism that has been expanding, pri-
marily in the Middle East, and other regions of the world inhabited by the Muslim population.
BALKAN CROSSROADS OF RELIGIONS

The roots of the major world religions are located in the Middle East, where they gradually
began to spread to other parts of the world. Due to different historical circumstances, Chris-
tianity managed to be the most widespread, principally to the area of Europe
and Asia. With
the Edict of Milan, Christianity was given full freedom in the territories of the Roman Empire,
which created conditions for further expansion to new territories. On the other hand, Islam,
as the youngest religion, from the area of the Middle East spread toward the remaining part
of the Asian continent and to the area of Africa. In the beginning, and it could not be oth-
erwise because the centuries of Christianity used the advantage to strengthen in areas where
there was also to create conditions for religious occurrence to new areas, primarily the area of
Africa. With the advent of Islam in the religious world, but also the security stage, there was
a new distribution of power. However, when it comes to the power, almost as a rule, there is
the case of dissatisfaction of one of the parties. This dissatisfaction was fertile ground for the
emergence and development of inter-religious intolerance and conflicts that have claimed
millions of victims.
In examining the issues of conflict of religions in the Balkans it is necessary to limit the
conflict to Christianity and Islam. Inter-religious conflicts that have existed or lasted in the
Balkans, and whose protagonists are not Christianity and Islam have the marginal importance
for this work. The previously mentioned characteristics of the Balkan region in geostrategic
and geopolitical terms inevitably influenced today’s effects on developments pertaining to
religion. This fact was crucial during the Middle Ages, when religion was identified with the
state, and when it was the basis of planning political, social and religious life of the population.
The geographical position of the Balkans was naturally influenced by the formation of one
of the most important and the most important land corridors in the world. South East Europe
and the Balkan Peninsula as its key region, in the physical sense, is the bridge that connected
and still connects two continents. A more important fact is that it is the bridge over which dif-
ferent cultures, civilizations and religions have been passing for centuries. The importance of
this area is conditioned by the existence of a number of factors relating to the social, political,
5 Simeunovic, Dragan, „Određenje ekstremizma iz ugla teorije i politike, Srpska politička misao, vol
124, br.2, 2009
economic, cultural, religious and military spheres, regardless of whether they are internal or
external violence caused by great powers6. However, in the opinion of Europeans this region
has been for centuries and is even today, peripheral to Western culture. The general level of
social development of the region compared to the rest of developed Europe may be used as
evidence for the above mentioned statement. Here arises an important specificity of the Bal-
kan countries in relation to the rest of the continent7. This specificity refers to the cultural and
civilizational differences compared to the rest of Europe. In western political, economic and
cultural circles we can often hear the words like ‘Balkanization’ which directly indicate their
attitude towards everything coming from this area, but we can say from the entire region of
the Balkans.
Apart from the fact that, in geographical terms, the Balkans is the part of the European
continent, the region, till today, failed to overcome cultural distance and to be fully econom-
ically, politically and socially integrated into Europe. The Balkans is a set of small and medi-
um-sized countries that have failed to create the formation of a kind of supranational cultural,
economic, and religious entities. Instead, the region offers very favorable conditions for the
implementation of regional interests and major world powers, and one of the most important
conditions is the multicultural and multi-confessional space viewed from the perspective of
the possible causes of provoking the crisis. Violation of the compactness of the Christian reli-
gion corps due to the appearance of Islam contributed to the emergence and development of
the centuries-long sparks that can ignite fire safety in the Balkans whenever it is the interest
of the great powers.
European conquests of Asia and vice versa, conquerors passing through South Eastern
Europe and the Balkan Peninsula left behind new things that influenced the life and devel-
opment of the countries of the region and the creation of security situation. From the aspect
of the problem that is discussed in this paper, the most important routes passed by the Cru-
saders and the conquerors were in the region of Southeast Europe which was taken by the
Ottoman Empire. Crusades, in the historical sense, left deep consequences of which, in terms
of this paper the most important are the one concerning the relations between Christianity
and Islam8. Undoubtedly, strengthening of the Islam and spread of its influence in relation to
Christianity inevitably caused growing concern, discontent and the emergence of a sense of
threat to Christianity. Identification of religion and state, during the Middle Ages, gave the
political character to the growing influence of Islam in Asia Minor. Fearing the invasion of
the old continent by the Islamic peoples from Asia, the leading European countries repeatedly
organized conquests of the infidels, principally nations who received the Islamic faith. These
declarative war marches were held under the banner of the struggle for the liberation of Je-
rusalem and the Holy Land from the Muslims. However, the essence of the organization and
implementation of the Crusades was the desire of the ruling elite to increase power through
an extension of tenure, access to raw materials and labor force, tax collection, pillage and
the similar. The existing animosity between Christians and Muslims created in the previous
period was deeply strengthened during the Crusades. Atrocities and crimes committed by
European forces against the Muslim population under the guise of fighting for the Cross and
the cradle of Christianity have contributed to the intensification of Muslim hostility toward
6 Lutovac, Article V .: Effect of big powers in the Balkans, www.bosnianold.ws.irib.ir, / 02.10.2015.

7 Dragan Simeunović Terorizam, opšti deo, Pravni fakultet u Beogradu, 2009, str 37-56
8 Under the Crusades (lat. Cruice Signato-baptism marked) means a series of wars waged by the
Christian nations of Europe on one side and the Muslim peoples and other infidels from the other side.
Lasted from 1095 to 1291, and were conducted under the pretext that it is necessary to restore the Holy
Land and Jerusalem under the control of Christians. The Crusades began with the call of Byzantine
Empire to defend Christianity from the growing influence and expansion of the Turks in Anatolia.
the Christian world. The Crusades caused enormous suffering and these wars belong to the
conflict in human history causing the greatest human sacrifice9.
Fighting in the Crusades, European countries, along with the full support of Christian
church leaders, acquired significant economic benefits, but on the other hand, deepened the
gap on the world security stage. The conflict between Christianity and Islam was on fire and
it is still burning to this day, with more or less intensity. This, in the long term, from the
security aspect, and relation Christianity-Islam, opened the Pandora’s Box. The fact that the
religious gap between Christianity and Islam is still on and there is no clear vision of how
to overcome the complexity of the problem. In response to the Crusades undertaken by the
Christian European countries, the Asian Muslim countries led by Turkey, a country situated
at the junction of two continents, strengthened. On the historical scale it was not long when
Turkey embarked on conquests, both in the area of Asia and in the territory of Europe.
The Turkish Empire invaded the area of the Balkan states in the 14th century inflicting to
European Christian world, until then, the greatest defeat. In addition to the military subju-
gation of a significant part of the European continent, principally in the area of the current
states of Southeast Europe, the arrival of the Ottoman Empire marked a permanent expansion
of the influence of Islam on the newly conquered areas. Centuries of Ottoman presence in
South-Eastern Europe has left a lasting impact on the creation of the security reality, both
at regional and global levels. In this region there was not only a conflict between individual
countries and the invaders from the East, but there was a conflict and mixing of two signifi-
cantly different system of organization of state functions, customs and life in general. In a
word, there was a collision of two completely different civilizations. Practically from that time
until the present day, Southeast Europe has been developing a kind of new, sub-civilization
that is a mixture of Western Christian, and Eastern Muslim. The new conditions of life of
the population in this region have caused a series of characteristics that inevitably shape the
security situation in the region. The fact that the area of the
Balkans, Southeast Europe and
Europe as a whole stepped Islam and has influenced the auditing, or defining new geostrategic
interests of regional and world powers.
The conflict and mixing of Christianity and Islam in the Balkans, through the centu-
ries, was skillfully used by the major powers to achieve their proclaimed interests. Reheat-
ing continuous tension between Christianity-Islam in the Balkans is directly in the interests
of achieving long-term goals of the holders of power, both in political, and in the religious
sphere. In the political sphere, the religious conflict between Christianity and Islam is used
by Western European powers and the US for causing instability in the region, and the pri-
mary goal is the gradual approach and mastery of energy resources in the area of the Asian
continent, principally the Middle East, the Caspian basin and Siberia. Here one can see the
fact that points out the further continuation of the historical inertia of the leading Western
European powers when it comes to creating long-term security of the continent. Analyzing
the events in the recent history in the Balkans and Eastern Europe, it can be concluded that
the Christian Western Europe may sacrifice the Balkan region in order to achieve short-term
interests. However, what happened in the Balkans in recent history and what is happening
today can easily hit the whole European continent in a modified form. The terrorist attacks
on the territory of Western European countries, showed all its impotence and unwillingness
to successfully defend.
On the other hand, we need to ask the question: “What are the possible interests of the
Christian and Islamic religious leaders to maintain tensions between these two religions?”’
History offers a natural response10. Centuries of animosity and rivalry of these religions is so
9 The Crusaders killed between one million and nine million people.
10 Laythe, Brian, Finkel, Deborah G., Bringle, Robert G., Kirkpatrick, Lee A. (2002). Religious
ingrained in the minds of the people that it cannot be deleted just like that. In addition, it is
important to mention that it is in the nature of man to struggle for power. Whether we want
to admit it or not, and in religious circles, the struggle for supremacy and power is extremely
present11. The clergy has several ways to increase their power, and thus the power of religion
they represent. That is why it is the most important and the most significant to expand the
territory where their religion is represented thus increasing the number of believers. A very
successful way to wake up the population is maintaining the required level of inter-religious
tensions and hostilities. By creating the sense of discomfort and vulnerability from the mem-
bers of other religions, it also gives energy required to man that, in addition to the theoretical,
goes into practical operation for the sake of religious goals. None of the known methods of
influence to people and motivating them to make a move is strong as much it is a religious
influence. Unlike other incentives, religion provokes a positive attitude towards what should
be done in its name.
The conflict between Christianity and Islam in the Balkans has been in progress for cen-
turies. This conflict does not occur alone or isolated from the political developments in the
region. The connection of religion and politics is inevitable. Despite the fact that all the coun-
tries of the Balkans are secular and that religion, at least in theory, is separated from the world
of government, the influence of religion is present and very significant. This is confirmed
by the practice of political officials in defining national interests since before making any
significant policy decisions, they hold meetings with religious officials. In practice, religious
interests are incorporated in the national interest and in a different sense they cannot be seen.
Based on the results shown so far in this paper, it is clear that in the Balkans and Eastern
Europe there is active “silent war” for the spread of political and religious influence between
leading Islamic states, principally Turkey as one of the strongest regional powers and European
countries. The religious conflict between Christianity and Islam should be viewed through the
prism of achieving long-term interests of Turkey in the Balkans. In doing so, it is necessary to
examine more closely the project “Green Transversal” which represents the achievement of a
long-term interest of Turkey not only in this region but for the entire European space, as well.
“Green Transversal” is a project which is the subject of disagreement between scientists
from the European Christian countries and those who are members of the Islamic faith. For
those who advocate the view that the “Green Transversal” as a kind of conspiracy theory find
their basis of teachings in the unreality of its realization. On the other hand, the historical
events in Southeast Europe, and the presence of Turkey in various forms, principally eco-
nomical and religious, clearly points to the reality of the existence of such a project and its
far-reaching goals. In addition, a significant fact that points to a broader geopolitical interest
of the USA that would be realized by implementation of the project “Green Transversal”.
Considerations regarding the Green Transversal became more intensified in the late 20th
century and during the conflicts in the Balkans. Lawmakers of the view that the Green Route
is the reality and constantly achieves intensified their activities, directing scientific commu-
nity to the fact that the events of the war in Bosnia and Herzegovina, the area of the Autono-
mous Province of Kosovo and Metohija, as well as strengthening of Islam in the Raska region
practically operate in the achievement of Green Transversal. Practically, the above events jus-
tified the thesis that the underlying conflict between the Christian and Muslim world is in fact
the conflict between the Christian and Islamic civilizations.
Considerations on the Green Transversal carry with them a large number of superficial
and insufficiently clear definitions and interpretations, which are the product of subjective
Fundamentalism as a Predictor of Prejudice: A Two-Component Model, Journal for the Scientific Study
of Religion, Volume 41, Issue 4, 623-635.
11 Ibid, str 627
visions of those who created them, but also the planning and operation of constant political
elites trying to prove or disprove this project. The consequence of this approach is partial or
deliberate diversion from the indisputable and objective facts related to this project. In con-
trast to the view of the Green Transversal from the perspective of the 90’s of the last century
when it was the sole basis of the conflict between Christians and Muslims, the modern scien-
tific views accept this project as just one of the reasons for the conflict in the Balkans. For a
complete understanding of the issues in the context of this problem it will be clarified on what
thesis on the Green Transversal is actually based.
To understand the essence of the Green Transversal, the most significant aspects of the
war in the former Socialist Federal Republic of Yugoslavia should be noted. Upon the end of
these wars a completely new security reality in the Balkans was created. The majority of the
Muslim population in Bosnia and Herzegovina advocated and today advocates unitary inter-
est of this country, which would become unique in territorial terms, and would create condi-
tions for the gradual suppression and putting into the background Serbian national corpus,
which is Orthodox Christian. The realization of these intentions and taking into account the
fact that concerns the violent secession of the southern Serbian province and the creation of
an independent state is opening the door for further intervention and the Turkey presence in
the Balkans. Looking across the spectrum of religious influence in the region, Islam through
the implementation of the project Green Route determines its position in the Balkans, on the
one hand, and on the other hand it creates the basis for further advance towards Central and
Western Europe. Taking into account that the Christianity in the Balkans and the rest of the
European continent is characterized by low population growth rate, which in a significant
part of the country has a negative sign, Islam can provide long-term favorable conditions for
its strengthening and further expansion.
The importance of the Balkan region, in terms of protection against the ingress of Islam
from the Middle East, was realized very seriously even by the Austro-Hungarian monarchy.
Unlike today’s Europe, which quite passively observers slow but sure advance of Islam, the
Austro-Hungarian monarchy undertook concrete measures. The special status and privileges
for the Serbian population living on the southern fringes of the monarchy demanded ade-
quate surrounding. Serbian population had a practical role of guardian of the Austro-Hun-
garian monarchy, which could be viewed in two ways. First, the Austro-Hungarian Monarchy,
inhabited by Catholic Christians, engaged the Serbian Orthodox population to attack the
Turkish invaders. Secondly, by doing this, the monarchy made a kind of political maneuver in
relations with the Turkey Empire where, at any moment, it could take advantage of the Serb
population to their interests. In practice, this meant that the Turkish blade was directly aimed
at the Serbian Orthodox population. This inevitably caused an increase in the already tense
inter-religious relations between Orthodox Christians-Islam12
One of the key epilogues of events in the Balkans at the end of the 20th century was the
change in the demographic and religious structure of the Balkan Peninsula. The Serbian pop-
ulation was massively displaced from the area of the military landscape, the perimeter of the
former Austro-Hungarian Empire. In addition, a significant number of Serbian Orthodox
population left their ancestral homes in Bosnia and Herzegovina and the area of the Autono-
mous Province of Kosovo and Metohija. In this way, two countries inhabited by the majority
population of the Islamic religion, Bosnia and Herzegovina and the so-called ‘Kosovo’ were
created. These territories, although not physically connected, are connected with the area of
Raska region which is from the point of considering theses on the Green Transversal has a
12 Hatidza Beriša, Igor Barišić, Katarina Jonev, „The influnce of islamic on the Global security“ Journal of
Liberty and International Affairs, Specijal Isuse, Vol 1, Supp.1/2016, str. 5-7
clear significance13. In this way, a significant part of the area inhabited predominantly with
Muslim population, which includes transversal in the Balkans practically established and is
well-rounded. The conditions for further connection of the areas inhabited by Muslims from
the Balkans to Turkey on several key routes were created.
The first line stretches across the territory of Albania, Macedonia and Kosovo and Metohija
and up through the Raska region to Bosnia and Herzegovina and the depth of the European con-
tinent. Part of this route is running via Montenegro continues to Bosnia and Herzegovina. This
route further strengthens Green Transversal breaks two states populated predominantly with Or-
thodox population. In the north, there is Serbia, and in the south it is the territory of Montenegro.
The second important direction of the penetration of Islam to the Balkans and depth of
the European continent leads from Turkey through Bulgaria’s southern area, the area north
of Macedonia to the area of Presevo and Bujanovac inhabited by the majority population of
the Islamic religion. Furthermore, this line is in Kosovo and Metohija and it connects the first
direction running to Bosnia and Herzegovina and further on to Central and Western Europe.
The key object in the grip of this path is Green Transversal road that stretches from Belgrade
through the Morava-Vardar valley to Skopje and further to Thessaloniki.
The arrival of Islam in Europe cannot be imagined without the territory and the popu-
lation that teaches and nourishes faith. Therefore it is of crucial importance for achieving a
long-term interest of Turkey in Southeast Europe that there are strong territorial ties covered
by Muslims. The foregoing facts indicate that the thesis on the Green Transversal how the
geopolitical aspects of expansion and influence of Turkey in the region of the Balkans and
Southeastern Europe, as well as in terms of penetration and spread of Islam into new ter-
ritories has complete sense. What is emerging as the logical question is: “What is a further
object of geopolitical games of Turkey in Europe, and thus the spread of Islam?” One of the
possible and real answers is to further penetration towards the European continent14. Modern
migrations of the population of Islamic religion during the 20th century from the territory of
Turkey, Albania, the Autonomous Province of Kosovo and Metohija, Montenegro and Bosnia
and Herzegovina, as well as the area of the African continent to Western European countries
have caused significant changes in the demographic, confessional, cultural and sociological
structure of these countries. The obvious result is the settlement of multi-million Muslim
population on the territory of developed European countries. Bearing in mind the simple
fact stated in the paper that it is not possible to spread Islam or any other religion without the
population, as well as allegations of the Green Transversal, a natural conclusion is that further
goal of spreading Islam is aimed at the heart of the Old Continent. In this context, the Balkan
region is of the great importance because it represents a springboard for further penetration
of Islam in Europe15.
By analyzing the theory of the Green Transversal in terms of respect of national and inter-
national law, and in terms of respect for human rights and freedoms, the foregoing consider-
ations of the thesis of the Green Transversal are not in dispute. However, in terms of security,
changes in inter-religious and inter-ethnic relations inevitably change the status quo. These
changes can move towards improving the quality of the security situation or to its deterio-
ration which depends on numerous factors. For this paper it is important to note that good
interreligious relations produced good inter-ethnic relations and under the unwritten rule
they lead to a stable security situation and vice versa. Bearing in mind the described events
13 Indigenous name for the Raska region by the local Muslim population is Sandzak.
14 Brettell, Caroline B. 2008. ‘Theorizing migration in anthropology: The social construction of
networks, identities, communities and globalscapes.’ In: Migration Theory. Talking across Disciplines.
Caroline B. Brettell and James F. Hollifield (eds), New York: Routledge 120-126
15 Hatidza Beriša, Igor Barišić, Katarina Jonev: „The influnce of islamic on the Global security“, Journal
of Liberty and International Affairs, Specijal Isuse, Vol. 1 Supp. 1/2016, str. 7
in the Balkans, who were imbued with a clear political, interethnic and interreligious conflict,
and the consequences that these events left until today, no one can say that in the Balkans
and Eastern Europe there is a level of inter-religious tolerance, which guarantees a long-term
stable security situation. In this context, the inter-religious relations are considered to be a
relationship between people who belong to the Christian faith on one hand and Islam on the
other hand. As it can be seen, no remark refers to official religious authorities because they
are, as a rule, imbued with the desire to maintain a good relationship, a high level of tolerance
and coexistence with others who are members of other religions. The problem is that the
practice does not show this so.
In the Balkans, principally in Bosnia and Herzegovina and the Croatia there is a very
interesting inter-religious relationship. It is about the relationship between Catholic Christi-
anity and Islam. It is interesting that these two religions in this area have a very good, even ex-
cellent relationship. In order to support this claim we can mention the fact that during World
War II, in the ranks of the formation of the Independent State of Croatia, Catholics and Mus-
lims were fighting together, on the same side. Moreover, in Bosnia and Herzegovina, which
was one of the parties in the war, in practice, the population of Islamic faith embodied in the
Bosnjaci and Catholic population represented by Bosnian Croats formed the alliance. Why is
this so, when it is clear that between Christianity-Islam, looking at the global scale, there is a
centuries-old animosity? The answer can be found in the fact that there is a common inter-
est which is reflected in the common struggle against a common enemy, which was seen in
Orthodox Christianity, which in this region naturally gathered around the Serbian Orthodox
Church in the religious sense and the Republic of Serbia in the political sense. Here one can
recognize religious disunity that followed the political disunity when it comes to relationships
and long-term protection of religious interest of Christianity in this region.
The importance of the Balkans as a transit route is clear and unambiguous. As such, this
region historically has been subject to constant changes and adaptation of new conditions of
life which brought with them numerous invaders, businessmen, merchants and people pass-
ing this region to the final destination. They brought with them new customs which eventual-
ly became the basis for the emergence of a new, specific cultural heritage. The importance of
the Balkans is not less contemporary developments. On the contrary, the region is still one of
the most important geostrategic points on the globe. From the perspective of the conflict of
religions, the importance of this region in the best way was highlighted by Samuel Huntington
in his book “The clash of the civilizations”. This conflict between the Western Christian civili-
zation and Eastern Islamic civilization began in the Middle Ages, is going on nowadays and is
likely to last until the full realization of the superiority of one religion16.
HISTORICAL, POLITICAL AND SOCIOLOGICAL CONTEXT

FOR THE EMERGENCE
OF ISLAMIC EXTREMISM IN THE BALKANS
Islamic extremism is a phenomenon that cannot be linked to one geographical region.
Therefore, one of its main features is that it has global character. However, each individual
region has specific conditions that contributed to the appearance of Islamic extremism. These
conditions are numerous. They derive from different spheres of social life, of which special
attention should be focused to the historical, political, sociological and security spheres. The
Balkans and the Balkan Peninsula, as its central part, are characterized by a set of specifics that
16 Hatidza Beriša, Mila Jegeš, Igor Barišić.: „Institution building of and fight against crime”, Међународна
научна конференција: Истраживање, безбедности-приступ, концепти и политика, 02-03. јун
2015. године, Зборник апстраката, Охрид, Република Македонија, pp. 4 -9
in general terms were mentioned above in the paper. This part presents the main reasons for
the emergence and development of Islamic extremism in this part of the European continent.
The geopolitical significance of the region, historical events, multiethnic, multicultural and
multi-confessional societies are some of the main reasons for the emergence and development
of Islamic extremism in the Balkans. Those reasons need to be analyzed, both individually
and in their mutual correlation, but also in the correlation with the interests of regional and
world powers. The interests of great powers historically have always been directed when it
comes to shaping the security situation in the Balkans. The emergence of Islam in the Balkans
began with the conquests of Turkish Empire. This is the first fact which should be borne in
mind when it comes to the causes of Islamic extremism. At first glance, this seems illogical.
However, there is link that can represent the basic cause of Islamic extremism. The arrival
on the ground of Southeast Europe marked the beginning of the five centuries’ rule of the
Ottoman invaders. It is indisputable that the Turks also brought with them a large number of
positive civilization changes in the daily lives of the population in these areas. However, the
wounds inflicted by the Turkish occupiers were more important for the Christian population
in the Balkans. The Christian population has not yet forgotten and never should forget the
evil that plied Ottoman state. There are many methods that Turkey applied when they con-
quered Christians in order to maintain their regime in every part of its empire. A significant
moment that must be taken into consideration in this context is the identification of religion
and national or ethnic identity. The fact that the Ottoman Empire was a classic example of this
identification and it can be said theological nation persistently emphasizing their own ethnic
and religious superiority over oppressed Christian population17.
Because of the hostile attitude of the occupying forces toward the local Christian popu-
lation the natural and strong sense of hostility appeared. That feeling was the guiding prin-
ciple that led to rebellions and organized uprisings. As the time passed, from the conquered
Christian poor nations the Turkish Empire was confronted with stronger and a more serious
enemy. The stronger the enemy was the stronger animosity between the opposite parties was.
This was particularly the case in the area of the Balkan Peninsula, nowadays the countries of
the Western Balkans18. The gradual decline in power of the Ottoman Empire and its downfall
in the Balkans caused the sense of defeat, helplessness, anger and desire for revenge directed
against the Christian population. The development of such feelings is completely understand-
able given that it was hard to give up all the privileges of wealth and a sense of superiority over,
until yesterday, the oppressed Christians. These feelings are deeply instilled in the conscious-
ness of leaving Turkish state and the Muslims who remained in the Balkans. Such develop-
ments caused the centuries of hostility, both at political level and at the inter-religious lines.
Local people of Islamic faith felt threatened by the new authorities knowing that they were
yesterday’s protectors of the Ottomans who ruled over the Christian population. Wherever
there is a sense of vulnerability and discontent for the attitude of the state towards some ethnic
or religious community, regardless of whether it is justified or not, there are also conditions
for the development of extremist ideas19.
17 Simeunović, D .: A new spate of violence, war informant, 1-2 / 2,002th

18 The term was made official after a public promotion of the EU summit in December 1998. “Western
Balkans” is not geopolitical, geostrategic, or a specific geographic category. It is only practical political-
economic term which was created as a common EU definition of a part of the South East Europe
countries in the region, with the aim that on the basis of their mutual cooperation and assistance, relying
on the cooperation and financial support of the EU they could quickly reach European standards placed
before this countries in the process of its enlargement and in this part of Europe. Source: Solaja, M.:
Balkans in the transatlantic crack, CIR, Banja Luka, 2006, pp. 25.
19 Hatidža Beriša, Katarina Jonev, Igor Barišić.: Islamic state - the causes of genesis and influence
of regional powers, 7th International scientific conference„ Contemporary Trends in Social Control of
Crime“, 30-31. 05.2016. Ohrid, Skopje : Faculty of security, 2016 , str 7
Historical period of the last decade of the 20th and the beginning of 21st century is ex-
tremely important for the creation and development of Islamic extremism in the Balkans.
The concept of the Socialist Federal Republic of Yugoslavia was based on the suppression of
national and religious consciousness at the expense of the general ideas of equality and the
interests of the state. The main problem was the uneven and unequal status of the leaders of
certain Member States, and thus of certain nations. First of all, it refers to the relationship with
the Republic of Serbia and its provinces and the Serbian people. This resulted in a lower level
of economic and general social development. Bearing in mind the fact that a significant num-
ber of the population of the Islamic religion lived in the Republic of Serbia and its southern
province, the general situation inevitably struck them, as well. The local Muslim population
saw problem in their position and status within the authorities of the Republic of Serbia which
was one of the main reasons to start their own vision of the struggle for a better life. The epilog
is clear and well known. The focus of the origin and development of extremism among the
population of Islamic faith was in the territory of the Autonomous Province of Kosovo and
Metohija. In the last decade of the 20th century, after the fall of the joint state, there has been a
significant expansion of Islamic extremism in the Balkans.
The civil war in Bosnia and Herzegovina which, in addition to fighting for the definition
of national identity, was the conflict between Orthodox Christianity and Islam resulted in the
arrival of a large number of volunteers from the ranks of the Islamic population worldwide
in the Balkan region. The emergence of holy warriors, the Mujahedin contributed to more
explicit religious line of this war. Special units were formed from these people, accounted for
such crimes against the opposing side from which the modern world, intentionally or unin-
tentionally turned a blind eye. Upon completion of the war, some of these people permanently
resided in Bosnia and Herzegovina and represents a long-term potential security threat. This
threat can be achieved by a negative impact on the security of the state, but also of the Balkan
region as a whole.
First, that part of the population had fought on many battlefields around the world for
their version of Islam. This is a problem because they do not accept a different view of life and
faith, and members of other nations and religions are considered infidels and a permanent
enemy. Such an attitude towards life and consciousness cannot contribute to a stable security
situation, especially not living together with those who do not think the same. It is important
to emphasize that the Mujahedeen have the same attitude toward the majority of the local
population of the Islamic religion that is not extremist-minded.
Secondly, the arrival and permanent stay of Mujahedeen in the Balkans has resulted in
the creation of a base for Islamic extremists. In the period after the war in Bosnia and Herze-
govina and on the territory of the Autonomous Province of Kosovo and Metohija, on several
occasions, the security concerns took place with members of the Islamic extremists from the
ranks of the Mujahedeen and members of the Wahhabi movement. It is important to note
that Islamic extremists in the region are connected to each other and work together extremely
well. They are linked with criminal structures, above all, for the procurement of weapons and
equipment, trade of illegal goods and the similar. Given that the Balkan region is located on a
very busy transit route to Europe there is inevitable link with Islamic extremists in the Middle
East. Islamic extremists from the Middle East seek any kind of support for their operations
both in the Middle East and for actions targeted on Europe from their counterparts in the
Balkans. In support of this contention is the fact that modern Europe, after the terrorist at-
tacks carried out in Paris and Brussels in 2015 and 2016 seriously emphasizes the importance
of the influence of Islamic extremism in the Balkans and its relations with the Islamic state20.
20 The Islamic state is transnational, jihadist, terrorist organization of Sunni extremists emerged as a
branch of Al Qaeda. It is also known under the names of the Islamic State of Iraq and the Levant (ISIL),
There are several reasons for the increase in the European concern for the security sit-
uation in South Eastern Europe. The Balkan transit corridor, in addition to a huge number
of migrants from the region of the Middle East, is one of the main routes of infiltration of
extremist Islamic state in Europe. According to available data of security services, weapons
that were used in the mentioned terrorist attacks on the territory of Western Europe, originate
from the former Yugoslavia21. It is significant that the officials from some Balkan countries ad-
mit that Islamist extremists gathered around members of the Islamic state are present on their
territories. Thus, in September 2014 the Albanian Foreign Minister, Ditmir Bušati, admitted
that the followers of the Islamic countries had their camps in Albania.
In addition, it is interesting that the Minister of Security of Bosnia and Herzegovina,
Dragan Mektic said that ‘’ ... in some parts of Bosnia and Herzegovina the rule of law does not
function. These communities refuse to recognize the legal order ... ‘’. Mektic, in the aforemen-
tioned statement, asked ‘’ How is it possible that they have established their guard in Maoča,
the real points?22’’. These facts show the seriousness of the problem of creation, existence and
development of Islamic extremism in the Balkans, regardless of its form of manifestation.
Five decades ago the estimated number of Islamic extremists in the Balkans, mostly centered
round Alija Izetbegovic, numbered several hundred individuals. Some estimates indicate
that today the number of Muslims who support some of the basic ideas of Islamic extremists
gathered around the Islamic countries is potentially digit number. The results of a survey
conducted by the Pew Institute in 2011 showed that the population of South-Eastern Europe
with the Islamic religion is by far the most liberal and most moderate in comparison with
other Muslims in the world. However, the data indicate that more than 400 000 Muslims from
Bosnia and Herzegovina, Kosovo and Albania support what is essentially the ideology of the
Islamic state23. This is supported by the fact that a significant number of volunteers from the
territory of these countries and other countries in the region was in the ranks of the Islamic
State in Syria and Iraq.
The Republic of Serbia, as part of the Balkan region is faced with the emergence of Islamic
extremism, primarily in the area of the Autonomous Province of Kosovo and Metohija, the
municipalities of Presevo, Bujanovac and part of municipality Medvedja and part of the area
of Raska region. Those territories were, in recent history, the scene of conflicts between the se-
curity forces of the Republic of Serbia and illegal armed formations and groups created by the
members of the local population of the Islamic religion. The activities of Islamic extremists
that are based on Wahhabism were registered in the area of Raska. In March 2007, the coor-
dinated action of the Ministry of Interior on the mountain Great Ninaja destroyed a Wahhabi
extremist group. There was even an armed clash with security forces24.
The emergence of Islamic extremism in Serbia is related both to historical developments
and events, as well as general social and economic situation in the country and the region.
In addition, very important reasons for the expansion of Islamic extremism in the territory
of Republic of Serbia were wars in Bosnia and Herzegovina and in Kosovo and Metohija
and the municipalities of Presevo, Bujanovac and Medvedja. As previously stated, the events
of the war in the Balkans in the 90’s had essentially national, but also a prominent religious
the Islamic State of Iraq and Greater Syria (ISIS) and the Islamic State of Iraq and Sham (Islamic State
in Iraq and al-Sham). It acts on the territory of Iraq and Syria, where they declared “caliphate”, but its
objectives related to other areas in the world that are principally inhabited by the Muslim population.
In practice, this means that the projected territory of the Islamic state includes large parts of Europe,
Asia and Africa.
21 Bardos, G .: article ‘From the Balkans to the Islamic state,’ ‘www.politika.rs, /05.12.2015.
22 Ibid 05.12.2015.
23 Ibid 05.12.2015.
24 In the above action of the security forces of the Republic of Serbia, an Islamic extremists who was a
member of Wahabbi movement Ismail Pendić from Novi Pazar was assassinated.
character. Because of the sense of religious identity and the need to help religious brothers, a
significant number of citizens of the Republic of Serbia of Islamic religion took part in the war
in Bosnia and Herzegovina on the side of the Federation of Bosnia and Herzegovina. This fact
points out the problem that concerns the attitude of the population of the Islamic religion in
the Republic of Serbia towards the official government bodies. With this extreme part of the
Muslim population, this ratio is unfavorable, and they do not observe the Republic of Serbia
as their country and in practice they show that. One of the ways in which they show disrespect
to the state is the manifestation of the “March on Hadžet” which is annually organized by the
extreme part of the Muslim population in Novi Pazar in September. The aim of this event is
the anniversary of the shooting of local Bosniaks charged with war crimes committed during
World War II25. An important aspect of the problem and significant for this paper is that on
this occasion there is a section of local Muslims dressed in green uniforms with symbols of
Sandzak indicating negative commitment to state of Serbia.
When considering the emergence and development of extremism of any kind, even Is-
lamic in the Balkans, it is necessary to pay attention to the conditions arising from the general
social and economic situation. The common characteristic of the countries of Southeast Eu-
rope in the period after World War II is the development in terms of the communist planned
economy under the influence and political action of the Warsaw Pact. With the dissolution
of the Warsaw Pact, the countries of South Eastern Europe found themselves in the vortex of
transition from one economic system to another. The transition process was followed and ac-
companied by a series of negative consequences of which the most important are corruption
and crime. There was a rapid stratification of society, where the middle class has virtually dis-
appeared. On the one hand, there is a small number of very wealthy people, while on the other
hand the vast majority of people live in conditions of misery and poverty. In addition, numer-
ous crises that have struck the region affected even more the unfavorable economic and social
situation. In these conditions, extremism is a phenomenon that occurs naturally. Unfavorable
general situation, the inability to satisfy basic needs, as well as uncertainty about the existen-
tial sense influenced the accumulation of discontent for a substantial part of the people. In
circumstances where government programs demonstrate their inefficiency, people who are
in despair are offered alternative options to satisfy basic needs. Precisely such a situation is
aggravated by trying to use the different social groups trying to reach their goals. By using the
inability of state authorities to establish a favorable situation in the country, different forms of
extremist organization took part in the security arena. It can be said that Islamic extremism
is one of the derivatives of the adverse socio-economic conditions where the countries of the
Balkans and South East Europe developed and are developing today.
Islamic extremism is a phenomenon intensified after the war in the Balkans in the late 90’s
of the last century. The events that followed the regime change in the area of North Africa
known as the ‘’Islamic Spring’’ which culminated in an unprecedented war on the territory
of Syria and Iraq, have influenced the development of Islamic extremism in the region of
Southeast Europe. With the advent of the Islamic State, Islamic extremism has gained a new,
global dimension, both in terms of the objectives of the facts, and by supporters. A large
number of volunteers from the Balkans in the ranks of the Islamic State indicate the serious-
ness of the situation. The countries of the region need to pay special attention to fight against
Islamic extremists, returnees from the conflict in Syria and Iraq. These individuals represent a
potentially special type of security threat, principally in terms of spreading their influence to
25 In1944 in Novi Pazar, Partisans, executed a number of local Muslims accused of crimes during the
Second World War. According to the data of the Party of Democratic Action in Novi Pazar about 2 000
Muslims from the area were killed without being tried or proved guilty. Source: www.bosnjaci.net, „SDA
Sandzak calls on citizens to march on Hadžet“ / 19.5.2016. god
promote extremist ideas and support to like-minded people in the planning, preparation and
execution of illegal activities in the region and beyond.
CONCLUSION
Extremism is an extremely complex security phenomenon. A number of specific features
that characterize it make more complex its conceptual definition, as well as defining possible
ways of dealing with them. The definition of extremism is affected by the specificity linked to
specific characteristics of the individual26. In this sense, extremism has a certain amount of
abstract sphere of its existence that is unique and very hard to predict. The most important
determinant of extremism, intolerance towards the opinions and thoughts of others at the
same time its willingness to attitudes and beliefs harrows available resources.
The Balkan Peninsula is a region characterized by a very favorable geographical position.
The fact that the best natural foot traffic zone connecting the European and Asian continent
extends over the Balkans causes multiple importance of this area. Conquers both from Europe
and Asia influenced the economic development of a specific population of the Balkans, but
also interethnic and interreligious relations. Specifics arise from the interweaving of interests
of major international and regional powers, allocates security situation in the region of South-
east Europe. Throughout history, on several occasions, Southeast Europe and the Balkans as
its central and key part were often the scene of clashes and different levels of importance. The
conflicts that occurred in the Balkans, at the end of the last century, confirmed the existence
of long and deep problems which still affect the design of the security realities of the region.
The importance of the Balkans in spreading Islam further to the depth of the European
mainland is crucial. The penetration of Islam on the continent occurred in the period of the
Ottoman Empire. A key result of centuries-long rule of the Turkish Empire in this area was
changed ethnic and religious structures and intensifying animosity between the Christian and
Muslim population. This hostility is a permanent source of instability in the region which, in
accordance with their interests, enthusiastically was used by the great and regional powers at
the expense of the interests of the local population. Unstable environment and interethnic and
inter-religious intolerance form the basis for the emergence of various forms of extremism
and related security threats.
Islamic extremism in the Balkans rests on the understanding of its holders that countries
in the region have unequal attitude towards Muslims than other non-Muslim population. In
addition, Islamic extremism in the Balkans, principally on the Balkan Peninsula extended
the hand of Islamic extremism from the region of the Middle East. Islamic state, as the most
famous and most powerful Islamist extremist and terrorist organization has a significant im-
pact on the occurrence and development of Islamic extremism in the Balkans. The fact that a
significant number of volunteers from this region fought in the ranks of the Islamic countries
clearly indicates the presence and potential of Islamic extremism. The second problem of
participation of volunteers on the side of the Islamic State and its operation is the potential
impact on the security situation after returning to their home countries. Therefore, the coun-
tries of the region should take this threat seriously and act promptly in order to forestall, foil
and avoid the negative consequences that can result in returning returnees from the conflict
in Syria and Iraq.
26 Laythe, Brian, Finkel, Deborah G., Bringle, Robert G., Kirkpatrick, Lee A. (2002). Religious
Fundamentalism as a Predictor of Prejudice: A Two-Component Model, Journal for the Scientific Study
of Religion, Volume 41, Issue 4, 623-630.
LITERATURE
1. Šolaja, M .: Balkans in Transatlantic Crack, Center for International Relations, Banja Luka
CIR, 2006, p. 20˚
2. Matijasevic, D .: PhD thesis “Security of South East Europe-Constant Strategic Concept of
NATO”, Faculty of Security, University of Belgrade, Belgrade, 2013, p. 6
3. Ristović, M .: Balkans in the Nazi project “New Europe” in the Second World War, Meeting
or a Clash of Civilizations in the Balkans, the Historical Institute of SASA, Proceedings,
Book 16, Belgrade, 1998, p. 478
4. Lutovac, Article V.: Effect of Big Powers in the Balkans, www.bosnianold.ws.irib.ir, access
date 02.10.2015.
5. Simeunović, D.: A New Spate of Violence, War Informant, 1-2 / 2,002th
6. Bardos, G.: article “From the Balkans to the Islamic State”, www.politika.rs, access date
12/05/2015.
7. Source: www.bosnjaci.net, Article ‘SDA Sandzak calls on citizens to march to the Hajj,’ ‘ac-
cess date 19/05/2016.
8. Hatidza Beriša, Mila Jegeš, Igor Barišić.: “Institution Building of and Fight against
Crime”, Међународна научна конференција: Истраживање, безбедности-приступ,
концепти и политика, 02-03. јун 2015. године, Зборник апстраката, Охрид,
Република Македонија
9. Hatidža Beriša, Katarina Jonev, Igor Barišić.: Islamic State - the Causes of Genesis and In-
fluence of Regional Powers, 7th International scientific conference “Contemporary Trends
in Social Control of Crime”, 30-31. 05.2016. Ohrid, Skopje : Faculty of security, 2016
10. Хатиџа Бериша, Игор Баришћ, Катарина Јонев: „The Influnce of Islamic on the Global
Security“, Journal of Liberty and International Affairs, Specijal Isuse, Vol. 1 Supp. 1/2016
11. Dragan Simeunović Terorizam, opšti deo, Pravni fakultet u Beogradu, 2009
12. Brettell, Caroline B. 2008. “Theorizing Migration in Anthropology: The Social Construc-
tion of Networks, Identities, Communities and Globalscapes”. In: Migration Theory.
Talking across Disciplines. Caroline B. Brettell and James F. Hollifield (eds), 113-159. New
York: Routledge
13. Laythe, Brian, Finkel, Deborah G., Bringle, Robert G., Kirkpatrick, Lee A. (2002). Reli-
gious Fundamentalism as a Predictor of Prejudice: A Two-Component Model, Journal for
the Scientific Study of Religion, Volume 41, Issue 4, 623-635.
14. Simeunović, Dragan, „Određenje ekstremizma iz ugla teorije politike“, Srpska politička
misao, vol 24, no. 2, 2009
HYBRID SECURITY THREATS AND CONTEMPORARY
APPROACH TO NATIONAL SECURITY
Miroslav Mitrović, Ph.D.1
Ministry of Defense of Republic of Serbia, Strategic Research Institute
Abstract: Globalization with all its effects, as well as actual relations on international
security arena, rising of conflicts, existing of nonlinear and asymmetric security
threats, indicates that contemporary world present a stage of acting forms for
developed security challenges, risks and threats. Namely, we are bear witness that states
and non-state actors mostly practice unconventional forms of conflict, in purpose of
achievement they own interests. Common concept of contemporary security paradigm
with general unconventional forms of security violation is labeled as hybrid security
threat, and theirs applied forms is recognized as hybrid warfare. In the contemporary
global security paradigm, actualization of hybrid forms of state security endangering,
shouldn’t be overlooked. Scholars, as well as practitioners have demanding assignment
regarding the contribute answering to the questions: What is hybrid warfare? Which
are the forms and recognized area of hybrid security threats exposing? How to manage
National Security and Defense System for successful preparation forward the hybrid
security threats? Meaning of this paper is, to upon of wide base of scientific, scholar
and analytic documents, as well as analysis of possible generic preconditions for
existing of hybrid security threats, to contribute for the creation and development of
possible contemporary approach to national security, which could be effective against
possible occurrences of hybrid attacks.
Keywords: Hybrid warfare, national security and defense, contemporary security
environment.
INTRODUCTION
Contemporary international relations indicate globalization as main driver of global secu-
rity changing. Namely, globalization should be overlooked through its positive as well as neg-
ative effects. Modern economy and neo-liberal concept are recognized as main globalization
generator2, with direct consequences in severance of international and global economy. Also,
we are faced with rising of influence of non-state or under-state power based institutions and
groups3. Main characteristic of existing approach to the global market is continuously devis-
ing for new, and spreading of existing markets, fragmentation of national economies behalf of
interest of global players. Globalization is led by multinational corporations and that is subor-
dinate to its interests4 and its negative effects support numerous crises and conflicts all around
globe. Namely, in last two decades, due to the impact of globalization, vanishing of ideological
1 [email protected]
2 Katarina Štrbac, Miroslav Mitrović, (2012), “Interdisciplinarni pristup naukama bezbednosti i
odbrane”, Politička revija, broj 3/2012.
3 Robert Cox, (1996), “Perspektive of Globalization” in ed. Mittelman, J.H., Globalization-critical
reflections, London, Lynne Rienner Publisher.inc., p. 22-23.
4 Štrbac, Mitrović, (2012), p. 282.
326 Miroslav Mitrović
differences, developing of technology, communication and mass media, the previous geopo-
litical scene disappeared, as well as conditions for the prevailing of traditional warfare. It can
be said that “global markets depend on international power structure”5. By its nature, global-
ization emphasizes the increased movement across the border in all forms of capital, labor,
goods, and ideas, but also all forms of non-linear, hybrid and asymmetric threats. Geopolit-
ical environment, conducted with collision of ambitions and interests of out-of-state power
centers, which through institutions of state, international organizations or non-governmental
organizations express their interest, potentially leads to the conflicts. General characteristics
of contemporary conflicts are low intensity and unspecific forms of exposing. In academic
and analytical comments, actual security threats and risks are frequently termed as hybrid
security threats.
CONCEPTUAL AND THEORETICAL ORIGINS

OF HYBRID WARFARE CONSIDERATION
Hybrid warfare is a term widely spread in everyday colloquial discussions, but the idea
and the concept of hybrid warfare are not completely new. Namely, Sun Tzu emphasized that
the implementation of indirect forms of warfare is one of the most effective ways to fight
against the enemy6. This concept involves achieving the benefits of defeating the enemy, with-
out direct involvement of its own military effectives and resources. Contemporary elabora-
tions of the war as the theory of conflict is conditionally divide of conventional wars in several
generations7:
-- 1st generation prevails and determines the characteristics of the so-called ‘’Napoleonic’’
wars and wars which had been acting during the nineteenth century, where the primacy of the
army mostly had prevailed abundance in the conflict and the human potential;
-- 2nd generation, which is tentatively placed in the time around the First World War (the
first decade of the twentieth century), where prevail was on the side of innovation technologies
and technical arms, and the focus of firepower;
-- 3rd generation, the era of World War II until the mid-80s of the twentieth century,
where the predominant component represented the ability to maneuver;
-- 4th generation, which is coordinated and concurrent use of non-violent and violent
form of civil protest, combined with the use of special operations with intensive use of
political, economic and social instruments, like cracking down on the opponent’s fighting
ability, morality and system of organization. According to this theory, the classic conflict
countries have become a relic of the past.
In addition, some authors have developed a theory of the 6th generation wars8 and Asym-
metrical warfare9. Actualization of the concept by Western authors is raised since 2014, after
the annexation of Crimea by the Russian Federation, where this action is identified with the
postulates of ‘’hybrid warfare’’. At the same time, the Russian authors in their works, sought to
‘’color revolution’’ in connection with the hybrid warfare concept. Taking the foregoing into
5 Džozef Naj, (2006)., Kako razumeti međunarodne odnose, Stubovi kulture, Beograd, , p. 251.
6 John Watson, “Sun Tzu’s Art of War - Chapter 3: Attack by Stratagem”. http://suntzusaid.com/
book/3>./12/02/2017.
7 Bettina Renz., Hanna Smith, (2016) Russia And Hybrid Warfare –Going Beyond The Label, Finnish
Prime Minister’s Office, Government’s analysis, p. 5.
8 Владимир Слипченко, (1999), Война будущего. Moscow: Московский Общественный Научный
Фонд.
9 Miroslav Mitrović, “Hibridno ratovanje i asimetrične bezbednosne pretnje”, Beograd:Vojno delo,
2/2017.
HYBRID SECURITY THREATS AND CONTEMPORARY APPROACH TO NATIONAL SECURITY 327
consideration, it could be said that current geopolitical scene represents a polygon of hybrid
warfare, concept which is very close to 4th generation wars, primarily due to the fact of en-
gaging non-military means, such as diplomacy, economy, energy, information and intensive
use of media. Considering contemporary analysis and critical observation, we could conclude
that hybrid warfare is not de-facto conducted as war in conventional understandings, but
mostly as concept of actual, geopolitical clash of interests10.
According to theories11, hybrid warfare embodies whole range of various models of the
conflicts, which are being carried out with conventional and unconventional tactics and en-
gaged forces, including violence and civil unrest and criminal activity. Hart12 conclude, that
is much longer, more expensive and unproductive form of direct engagement of the armed
capacity, than a more effective, strategic indirect access to various forms of action, which ef-
fectively destroys the psychological and physical balance and opponents achieved his retreat
and defeat. In short, hybrid warfare is based on the discovery and articulation of hybrid risks
thought threats, in order to accelerate weaknesses of targeting state, with purpose of achieve-
ment of their own interests, without (or with minimal) usage of direct military power. In
further elaboration, it will be introduced correlation of hybrid concept of warfare with Chaos
and Network-centric management theories.
Chaos theory and hybrid warfare conduct a common starting point of terms understand-
ing. The fluidity and other characteristics of the hybrid warfare, indicate a possible identifica-
tion of this phenomenon with the theory of controlled chaos. Korybko13 though, that is possi-
ble to achieve the strategic goals of a hybrid warfare, through the ‘’under chaos’’ management
chain. The starting point for this theory is work of Man14, by which essence of chaos contains
nonlinear dynamic system applications, with a large number of variables entities. In chaos
process, a subject interacts in a nonlinear system, periodically taking on a balanced form,
which can be described as organized chaos. The chaos was caused by the initial variables,
which, by specific conditions could be proximately accurately defined in the specific situa-
tion and environment. By this approach, ‘’sub–chaos’’ which is created in frame of controlled
environment, could be managed by the chaos management strategy, in order to achieve de-
clared interest. Initial variables of chaos, according the Man, are: The initial shape or format
of system; Understanding of the structure of the system; Connection between entities within
the system and conflicting energies of individual entities. The applications of this concept of
managing with controlled chaos are evident in contemporary international conflicts which
could be recognized in works of Darius 15 and Shahskov 16.
Network-centric warfare theory also has direct relation to the frame of understanding of
Hybrid warfare. According to some authors, network-centric warfare is a form of the conflict
on the social level, which is different from the classical, so cold, ‘’Clausewitz’s’’, methods of
warfare, in which the protagonists use network forms of organization and doctrines, strate-
gically and technically based on modern, information technologies. Actors of these conflicts
could be national or international organizations, small groups or individuals who communi-
cate, coordinate and synchronize their campaigns in a harmonized manner, often without sol-
10 Timothy McCulloh, Richard Johnson, (2016), Hybrid Warfare, Tampa, JSOU.
11 Frank G. Hofman, (2007) Conflict in the 21st Century-The Rise of Hibrid Wars, Potomac Institute for
Policy Studies, p 8.
12 Liddell Hart, (1954), “The Strategy of Indirect Approach.” National War College Internet Archive, 1954.
13 Andrew Korybko, (2015), Hybrid Wars: the indirect adaptive approach to regime change, Moscow,
Peoples’ Friendship University of Russia, p 23.
14 Steven Mann, (1992) “Chaos Theory and Strategic Thought”, Parameters, Autumn 1992.
15 Mahdi Darius Nazemroaya, (2014), “Iraq and Syria are Burning, “Constructive Chaos” and America’s
Broader Strategy to Conquer Eurasia.” GlobalResearch.ca, June 2014.
16 Sergei Shahskov, (2011) “The theory of ‘manageable chaos’ put into practice.” Strategic Culture
Foundation, 1 Mar. 2011.
id central management. In fact, the predominant way for the implementation of its objectives,
the subject of implementation of network centric warfare is based on the use of soft power,
especially in media operations and management of the public perceptions. Analyses of this
concept could be found in the works such were made by Cebrowski & Garstka17 and Leonid18.
CONTEMPORARY RECOGNITION
OF HYBRID WARFARE
Implementation of hybrid concept as contemporary warfare, could be recognized since
1989, when Lind comment that ‘’Psychological operations may become the dominant oper-
ational and strategic weapon in the forms of media / information intervention ... (and) main
target will be enemy population’s support of its government and the war. Television news
may become a more powerful operational weapon than armored divisions’’19. Other US au-
thors, characterized Hybrid warfare as the participation of elements of irregular armed forces
and private military ‘’companies’’ in military operations, especially in the implementation of
indirect and asymmetric operations20. At the national level, the US pays great attention for
development of the Hybrid warfare concept. In the US Military Strategy21 hybrid war is rec-
ognized as conflict placed between conventional (nation-state) and asymmetric (non-state),
with purpose to increase the ambiguity, complicate and deliberate process of decision-making
and coordination and the ineffectual response. US strategic documents assumes the legiti-
macy of organizing and implementation of special, closed (‘’covert’’) or black (‘’blackops’’)
operations and activities, in aim to make a political and economic influence, as well as mili-
tary resulted activities out of US territory, especially, when is estimated that the open engage-
ment of the state administration (open military involvement and engagement), would not be
well accepted from US interior public.22 US doctrinal manuals for the engagement of Special
Forces recognize unconventional and special operations.23 Further more, the principles of
hybrid warfare are elaborate even in the basic manual training, with recognition that the
current conflict couldn’t be solved only by military means. On contrary, attribute of success in
contemporary warfare, by the manuals, require engagement of all available national capacity,
such as diplomatic, informational, military and economic. This is practical application of the
concept of Full spectrum operations as the basic operating concept of the US Armed Forces24.
On the other hand, the analysis of the Russian strategic documents, appears to the very
carefully analyzes of the hybrid warfare doctrine. Towards the Russian military doctrine from
2010, modern warfare is described as integrated involvement of military forces and resources
which do not have a military character25. It also emphasizes the application of measures of
informational warfare in order to achieve political objectives without the direct involvement
of military forces, with the aim of shaping the desired response of world’s public opinion, in
17 Arthur Cebrowski, John Garstka, (1998), Network-Centric Warfare: Its Origin and Future, U.S. Naval
Institute.
18 Leonid Savin, (2011), “Network Centric Strategies in the Arab Spring”, Open Revolt!, 29 Dec. 2011.
19 William Lind, Keith Nightengale, John Schmitt, Joseph Sutton, Colonel Gary Wilson. (1989), The
Changing Face of War: Into the Fourth Generation“, Marine Corps Gazette, Oct. 1989, p. 24.
20 Michael Kofman, Roger McDermott, (2015), “No Return to Cold War in Russia’s New Military
Doctrine,” Eurasia Review, February 3, 2015.
21 US Joint Chiefs of Staff, (2015), National Military Strategy of USA, p 4.
22 Aki J. Peritz, Eric Rosenbach, (2009), Covert Action, Belfer Centre Memorandum, Harvard, July 2009.
23 Headquarters Department of the Arm, (2010), TC 18-01 Special Forces Unconventional Warfare,
Washington, DC.
24 Headquarters, Department of the Army, (2008), Field Manual No. 3-0: Operations, Washington, DC.
25 Военная доктрина Российской Федерации, ( 2010), Москва,
relation to the involvement of the armed forces. Military doctrinal documents from 2014
declared necessity of providing of special forms of modern conflicts, in which Russia will
apply the integrated operation of military and political, economic, informational and other
non-military activities26. As one of the steps towards an institutional approach to organizing
and managing hybrid operation is the establishment of the National Center for security man-
agement within the Ministry of Defense of the Russian Federation27, in 2014.
HYBRID SECURITY THREATS AND NATIONAL SECURITY

Taking into account that Hybrid warfare has strategic influence to the national interests
of conflicting parties, it’s noticeable that in addition to psychological consequences of hybrid
warfare, it is certainly associated with the real, physical, resources and infrastructural dev-
astation of the country. Also, could be noticed a dual approach to the effects of economic,
energy and financial instruments of pressure on a particular country. General characteristics
of hybrid wars, whether it is called ‘’colored revolutions’’, various forms of economic or energy
sanctions, support and escalation of different extremism or separatism, is that it loses a clear
distinction between soldiers and civilians, as well as organized violence, terror and war.
Practically, hybrid warfare is a form of manifestation of strategic initiatives, and every
state which has ambitions to became a great, global power has a necessity to implement strat-
egy approach regarding the national defense, in order to preserve or achieve dominance in a
variable and dynamic geopolitical arena.
Taking into account all above mentioned features of hybrid forms of warfare, it could be
underlined a group of indicators, or potential challenges for national security as: dysfunction-
al state, the lack of state sovereignty, the existence of frozen conflicts, unresolved territorial
disputes, the presence of arbitration or control of territory by supranational entities, ethnic
and religious problems, separatism, extremism, unemployment, the existence of general pov-
erty, long-term dissatisfaction of population with the political and social solutions in lead-
ing the country, corruption, powerful criminal elements, institutions with separate centers of
power and governance, etc. In the correlation to listed indicators, looking through the scope
of hybrid application forms, we could distinguish four basic pillows of hybrid concept of se-
curity violation:
-- Special and psychological operations - limited time performance, high intensity
with very high direct effects. Engaging armed forces within the framework of special and
psychological operations, as part of a hybrid concept of war, could be found in the contents
of conceptual documents of the US administration. Namely, in the form of irregular warfare
conducted by the US Armed Forces, are recognized: the anti-rebel operations, information
operations, counter terrorism, unconventional warfare, foreign internal defense (support of
other countries in the aggression from outside), stability operations, security transition, and
reconstruction, strategic communication, psychological warfare, information operations,
civil-military operations, intelligence and counterintelligence operations28.
-- Economic, energy and political pressures – actions of variable duration and intensity,
depending of the interaction, relationship and buck effects which could be affected to the
side who use pressure. Effects depends of economic and energy capacity of the state which
is object of the pressure, and mutual interdependence of the state (or supranational entity)
26 Военная доктрина Российской Федерации, (2014), Москва,.
27 Национальный центр управления обороной Российской Федерации, http://structure.mil.ru/
structure/ministry_of_defence/details.htm?id=11206@egOrganization/:10.03.2017.
28 Department of Defense of US Government, (2007), Irregular Warfare (IW)-Joint Operating Concept
(JOC), 2007, Washington, DC, p. 7.
which apply pressure and the state which is the object of acts. Direct effects distress the
complete object state, including its military power, and indirect could be expressed through
the increase of poverty, expressing public dissatisfaction, collective apathy, losing of support
for the state leadership, civilian protests and riots and so on. The complexity of hybrid forms
of endangering national security in the energy and economic field stems rise from the
fact, that this area impose negative impacts to the entire state structure, compromising its
functional capacity, encouraging the internal instability and public dissatisfaction, rise the
sense of frustration among the population, etc.29
-- Information, media, Internet and its platforms - variable intensity activities, depending
on the phase of others forms/fields implementation. Time of submission is usually long-
term and depends of the goals and the phase of implementation of other hybrid activities.
Usually is implemented by synchronized way, with common synergistic performance of
multiple instruments and with a strong variable dynamics. The essence of achievement in
this field is the penetration and changes of public opinion, as well as, the introduction of
doubt, uncertainty and fear. Strong influence on public opinion is based upon on spreading
of a diametrically opposed views and perceptions, different or changed interpretations of the
same events, which are broadcasted extensively through various media (radio, television,
Internet, social networks, etc.). In process are used instruments of propaganda, half-truths,
organized ‘’spontaneously’’ group attitudes (especially via social networking platforms),
‘’internet trolling;’’30, ‘’spinning’’, etc.
-- Public diplomacy-low-intensity, very long-term-oriented, comprehensive hybrid
operation tool, which makes it more diverse activities in the sphere of social life. In the
early papers, public diplomacy is explained as an activity that ‘’...deals with the influence
on public attitudes in relation to the formulation and realization of foreign policy. Includes
international relations beyond traditional diplomacy; handles relations public opinion in
other countries; [An instrument of] the interaction of interests of individual interest groups
and states; delivering analysis and opinions concerning foreign policy and the impact
on its implementation; [Instrument for] communications between professional services,
such as diplomats and foreign correspondents; [Represents] the process of intercultural
communication’’31. From inception to date, the essence of public diplomacy has not lost its
primary purpose: to influence the creation of relation with a country outside the operation
of the channel classic diplomacy has been reduced by applying the broadest model of
communication at the level of society. In addition, public diplomacy is directly linked to the
concept of soft power, which is processed by Nye, in a way that, according to him, among other
things, soft power is based on intangible and indirect impacts such as culture, social values a nd
ideology32. In short, it can be concluded that public diplomacy activities from the ranks of the
broadest corps of social life: culture, education, education, religion, entertainment industry,
non-governmental organizations, political movements and associations, civil initiatives and
others that are undertaken to influence public the opinion of a state.
29 Miroslav Mitrović, (2017), ‘’Ekonomski i energetski aspekti hibridnog ugrožavanja nacionalne

bezbednosti’’, Vojno delo, 6/2017.
30 NATO Strategic Communications Centre of Excellence, (2011), Internet Trolling as a hybrid warfare
tool: the case of Latvia.
31 Murrow Center, “What is Public Diplomacy?” http://fletcher.tufts.edu/Murrow/Diplomacy.
html/10.11.2016.
32 Joseph S. Nye, Jr., (1990), “The misleading metaphor of decline,” The Atlantic Monthly, March 1990.
CONCLUSIONS
Previous analysis, indicate that the hybrid forms of security threats are presence and vivid
as concept, which is developed and implemented in contemporary global security environ-
ment. Conflicts which are raised and managed as hybrid concept could have dynamic, synergy
based and flexible application forms of special units, guerrillas, psychological operations, civil
unrest, various forms of internal revolution, economic, diplomatic and political, information-
al and media campaign. Usage of all listed above, with possible event variations, depends of
strategic declared aims and contemporary geopolitical relations. Operational usage of hybrid
concept have aim to achieve strategy predominance and to disrupting the national security
system of the aimed state. Implementation of concept of hybrid security threats concept in
colloquial discussions is recognized as ‘’Hybrid warfare’’.
Analysis of main pillows of implementation, indicate that the various type of hybrid se-
curity threats, are implemented intertwined, and that the action, time and target are condi-
tioned. Also, it is noticeable that the intensity and time of realization are not identical and
actions which contribute to hybrid nature of phenomena. For example, special operations
have the strongest intensity, but the time is very limited. On the other hand, public diplomacy
has very long-term implementation agenda, based on the nature of the used soft power in-
struments. Economic and energy instruments have variable intensity and duration, depend-
ing by the attitude of the desired aims as well as the effect, but also, its correlate wit their own
economic and energy interests. The media and the Internet as a means of communication, as
well contemporary used social networks, have supporting and catalyst role. The analysis of
the field of action, possible means of enforcement as well as the holders or the protagonists,
indicate that the basic characteristics of hybrid warfare are: comprehensiveness, flexibility and
asymmetry.
As prevention and response to potential threats hybrid, based on the identified indicators,
forms and range of operation,
as well as the instruments of implementation, it is possible to
distinct out the necessity of establishing the favorite state’s conditions:
-- Stable internal political scene with developed democracy instruments and functional
state administration, with an efficient judiciary and police;
-- Strong foreign policy integrity and a real authority in international relations with a
strategically built relationships based on common interests;
-- Long term developed and stable economy with the requisite degree of energy sovereignty;
-- Tracking and understanding the origin of extremism with developed mechanisms for its
control, as well as systematic struggle with organized crime;
-- Dialogue and cooperation with neighboring countries, especially in ethnically and
religiously mixed regions as well as developed a dialogue with ethnic minorities and their
proportional participation in social and political life;
-- Education and training of the population for raising the general level of awareness,
reducing the influence of media and information manipulation;
-- Efforts to establish reciprocity in the development and implementation of public
diplomacy;
-- Application of knowledge and experience in the development of defense doctrine and
the permanent training and education of personnel in connection with the current hybrid
forms of warfare;
In short, functional, developed and systematic organized state, which objectively consid-
ered their opportunities, challenges, risks and threats, and engages the necessary resources
to eliminate them, suppression or prevention, has a real opportunity to become potentially
difficult and demanding object for possible hybrid operations.
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THE SALONIKA PROCESS 100 YEARS LATER
AND CONTRIBUTION OF ARCHIBALD REISS TO
STRENGTHENING OF THE SERBIAN ARMY MORALE
ON THE SALONIKA FRONT
Colonel Marko Zelenović, Professor of Military Arts
Operational Arts Department, National Defence School of the Military Academy
[email protected]
Abstract: After the analysis of the events which took place on the territory of the
Republic of Serbia after the Civil War in the 1990s and disintegration of SFRY, after
NATO aggression on the Federal Republic of Yugoslavia and unlawful proclamation of
so-called state Kosovo independence, a conclusion can be made that morale as one of
three significant components of military power, was very seriously attacked. Current
doctrine of the Serbian Army starts from the fact that morale component refers to
ability of the Serbian Army expressed through will and cohesion to decisively oppose
military threats and to win and, as far as non-military challenges, risks and threats
are concerned, to give its full contribution to overcoming the crises. Theoreticians
of war waging, Sun Tzu and Clausewitz, claimed that the essence of war waging is
not in physical destruction of the enemy, but in imposing of own will and defeating
of the enemy’s will to offer resistance. It is more than obvious that this approach to
war waging was applied in the past, but it is also obvious that it is applied nowadays,
especially in the attitude of powerful countries towards the small ones which are not
in possession of serious deterrents. The Serbian Army was in a similar situation on
the Salonika Front at the end of 1917. In late July 1916 the Army went to the borders
of the country and in November of the same year they liberated Bitolj, being stopped
there. It was not possible to advance without serious support provided by the allied
forces. The period of exhausting trench warfare was followed with fatigue of the army,
disobedience, desertion and seriously shattered morale. All the Ally armies on the
Salonika Front as well as their political leaders were facing serious challenges. Different
opinions on the way of finishing the war due to strong psychological and propaganda
activity of Germany and Austro-Hungary during 1916 and 1917, revolution in Russia
in February 1917, pressure of the Allies and serious political disagreements among the
political party representatives of the Kingdom of Serbia led to the Salonika Process.
The process was something that the political and military leaders of the Kingdom of
Serbia did not need at all in that moment and on the territory of a foreign country.
The process had its introduction even before beginning of the Great War, its plot from
September 1916 to March 1917, its denouement from March to June the same year,
as well as repetition in 1953. Dr Archibald Reiss had a very important role during the
process, especially from the aspect of strengthening of the army morale and pointing
out the true values of the Serbian Army not only to Serbs, but to the international
general public as well.
Keywords: military power; moral – component of military power; military and non-
military challenges, risks and threats; psychological and propaganda activities and the
Salonika Process.
336 Marko Zelenović
INTRODUCTION
One of the basic starting points in contemporary theory and practice is that military
power is based on morale, physical and conceptual components. Morale component means
willing ability and capabilities of the commands and units to defeat the enemy in combat op-
erations and, as far as non-combat operations are concerned, to give their full contribution to
neutralization of the ones in charge of non-military threats and to remedy the consequences
of the crisis. The morale component is a variable category depending on the will, leading and
managing capabilities, social and moral values and code of honour1. How important variable
the will is in opposing the enemy and defence of the state is something that was long time ago
pointed at by theoreticians of the art of war Sun Tzu2 and Carl von Clausewitz3.
The key element for the Serbian Army during the Wold War I was existence of a clear
war aim and support of the Entente Allies. The clearly defined aim was the guiding idea on
their way full of challenges, falls and rises. In the difficult and challenging times, the state and
military leadership of the Kingdom of Serbia (KS) were several times in position to test their
devotion to the idea of liberation and unification of all Serbs and Yugoslav peoples against
Austro-Hungarian oppression, and also to test their loyalty to the Entente Allies because of
the offers given by Germany and Austro-Hungary to accept the separate peace agreement. In
difficult moments during the Kolubara battle, in spite of intensive psychological and propa-
ganda pressures put by the enemy in the periods of termination of hostilities and synchro-
nized attacks of German, Austro-Hungarian and Bulgarian units on the Kingdom of Serbia in
continuation of the war, the offers for separate peace were not accepted.
The ultimate aim of the periodical suggestions given for signing of the separate peace
agreement between the Kingdom of Serbia and the Central Powers, which were usually ac-
companied by strong psychological and propaganda activities, was throwing Serbia out of
the war on the Entente side. All the suggestions relating to the separate peace agreement,
irrespectively of the current position of KS during the war, were significantly different from
its war aim and they were unacceptable. Possible acceptance of the separate peace agreement
would have in the long run significantly undermined relation between KS and the Entente
members and at that moment, it was an unacceptable risk.
Morale as a component of military power had the essential meaning for the Serbian Army.
Because of threat of physical destruction and capitulation, the Serbian Army and government
representatives were forced to leave their own country facing the onslaught of much stronger
enemy and, after recovery and equipping of the army, to form a front on the territory of a
foreign country. It was possible only thanks to one of special traits characterizing Serbian
people – to express their best values and qualities in the most difficult situations. This trait of
Serbs was recognized and described by their big friend Dr Rodolph Archibald Reiss4.
1 Generalštab VS, Komanda KoV: Doktrina Kopnene Vojske, Medija Centar Odbrana, 2012, pp. 15–16.
2 ‘”To fight and win in all combats is not the top (military) virtue, the top virtue consists of breaking the
enemy resistance without combat”, Sun Cu, Umeće ratovanja, Mono i Manjana, 2009.
3 “War is an act of violence with the intention to make the enemy fulfill our will”, Klauzevic, К: О рату,
Војно дело, Београд, 1951.
4 Rajs, А: Čujte Srbi čuvajte se sebe, Akia Mali princ, Belgrade, pp. 9–18.
THE SALONIKA PROCESS 100 YEARS LATER AND CONTRIBUTION OF... 337
POSITION OF THE SERBIAN ARMY DURING 1916 AND 1917

SALONIKA PROCESS AND STATE OF MORALE
After the exodus, retreat across wilderness of Albania, permanent enemy attacks, lack of
the Allies’ understanding, recovery on Corfu of those who had survived the island of Vido,
getting equipment, additional training and setting the forces on the Salonika front, the Ser-
bian Army confirmed in practice the maxim that – The What doesn’t kill you, makes you
stronger. Morale component of the Serbian Army in that period experienced enormous trans-
formations in a very short period of time – from despair and hopelessness up to Phoenix rise.
Supported by the Allies, especially by France and UK, formation of the Serbian Army was
changed. It was already in mid-March 1916 that the Allies decided to move the Serbian Army
from Corfu to wider area of Thessaloniki; in mid-April the first units came to the planned
location. The first combat engagement of the Volunteer detachment in May 1916 on the di-
rection of Bitolj in the area of Florina on prevention of weapons smuggling, detection and
capturing of the spies was enhancing faith and hope about soon going back to the homeland.
Recovery, rest, additional training, preformation, bringing and arming of the Serbian Army
in the area of Thessaloniki in actually short period of time had strong positive effect to state
of morale which could not be disturbed even by the problem of malaria in the swamp terrain
where the Serbian forces were disembarked.
About 300,000 of the ally troops were not significantly engaged till August 1916, while
combat operations were conducted on the Western and Eastern front and these operations
would in long run have decisive influence upon course of the events in Great War. Brusilov
offensive and favourable course of the events in Galicia and Bukovina influenced upon change
of the English attitude. In July 1916 British forces occupied the positions from Strymonian
Gulf and Lake Kerkini, and French forces were grouped on the front between Krusa Moun-
tain, the Dojran Lake and Majadag Mountain on the right bank of the Vardar River. In June
1916 the Government of the KS made the decision for all the Serbian divisions to be sent to
the front within Bitolj direction of operations. This engagement of the Eastern Army forces
meant establishment of about 450 km of the front. In spite of incomplete reorganization and
equipping with heavy weapons and equipment, arrival of the Serbian forces to the front had
strong positive influence upon further morale boosting.
General Sarrail planned another offensive operation to be performed within the Salonika
front in August 1916. That offensive had a more concrete goal – to pin down Bulgarian-Ger-
man forces along the front and provide conditions for Romania’s entering the war on the En-
tente side. However, the First Bulgarian Army was the one which first attacked the Ally forces
on the left flank of the front, i.e. the Third Serbian Army which was in the phase of approach-
ing and preparing for the attack. The contact battle took place but the parties involved were
not prepared for a better organized defence. Due to obvious operational surprise achieved
by the enemy the commander of the Third Army and the commander of its Danube division
were dismissed from duty. Issue of responsibility of the Colonel Dragutin Dimitrijević Apis –
Deputy Chief of Staff of the Third Army and Major Ljubomir Vujović–the Intelligence Service
Head, was not initiated. Engagement of the Vardar division and Timok brigade by the Serbian
Army Supreme Command (SC) stabilized the situation on the Third Army front. The allied
forces operations first stopped Bulgarian forces, and the key victories were won from Septem-
ber to November 1916 in the battle of Gornichevo, the battle on Kajmakcalan and the battle
in the arc of the Crna reka which was completed by liberation of Bitolj. Serious failure made
by the Third Army was also inactivity of the Danube division during the Kajmakcalan battle
which resulted in enormous casualties in the Drina division. Centralized commanding of
General Sarrail and decentralized execution of the given tasks by the subordinate commands,
along with good logistic support organization in the rear parts of the front, provided condi-
tions for successful performing of the abovementioned offensive operations of the Allies and
boosting of morale, especially among Serbian soldiers who were on the border of the native
country. Unfortunately, the period of trench warfare began on the Salonika front which was
unacceptable and extremely bad for the Serbian Army morale.
Along with the glorious activities of the Serbian Army and representatives of the civil-
ian authorities, there were unfortunately some less glorious activities done by certain groups
which could seriously damage morale of the Army. The Serbian Army, especially its officers,
was divided into three groups. Through their engagement during withdrawal from Serbia, af-
ter arrival in Corfu, in Thessaloniki and finally on the Salonika front, members of the organi-
zation Unification or Death (UorD) confirmed their existence in spite of the attempts to negate
that fact during the Salonika process. The first serious problem in the situation of the Army
members’ division appeared during the attempts of looking for the culprit for withdrawal
from Serbia. It was sadly futile job because the decision on withdrawal of the people, military
and the state government had been result of the conclusions made during the sessions of the
Kingdom of Serbia Government in Kruševac and the meeting of the Supreme Command in
Peć5. If there was anyone who should have taken the blame for exodus of the nation and Army,
the Entente Allies were the ones who should have done that because their estimations during
the whole war year 1915 had been absolutely wrong. The response of Black Hand organization
members to the changes in the SC, i.e. the attempted coup, should have come – according to
the statement given by Kosta Pećanac, in January 1916 after the King I Petar and Regent Alek-
sandar borded the ship in the port of San Giovanni di Medua and their separation from the
main body of the Serbian Army. It was allegedly Milan Gr. Milovanović– Pilac the one who
informed him about details of the coup and making the separate peace agreement with Ger-
many during the meeting in Shkadra6. Since the King and SC Staff did not board the ship in
the abovementioned port but they continued the journey towards Drac and Valona, the idea
of coup was abandoned. The fact confirming that the coup was taking place was the statement
made by Avram Lević – Head of the State Accounting, that Pilac had tried to take away the
state property in the amount of 50 million dinars in the port7.
According to Kosta Pećanac’s statement, members of UorD organization, continued with
their usual activities relating to criticizing the Government and King as well as with recruit-
ing the officers after their arrival to Corfu and Thessaloniki. The civilian Rade Malobabić was
allegedly in charge of junior officers and Colonel Ljuba Milić was in charge of senior officer.
Pećanac allegedly changed his mind about joining the organization at the last moment when
major Vulović, whom he knew by bad reputation, appeared there8. After studying of the data
from various sources, it can be concluded that in spring 1916 the leaders of UorD organization
formed a special group of volunteers9 which they were preparing for special actions. Major
Vulović was in charge of their training for special actions, and that was something that he
5 En extract from the Order sent to the operational units’ commanders: “Capitulation would be the
worst solution, as long as there are ruler, government and army, no matter how strong the state is, it
does not lose its being and the Allies have to take it in account as a realistic fact”, Kazimirović, V: Crna
ruka – ličnosti i događaji u Srbiji od majskog prevrata 1903. do Solunskog procesa 1917, Prometej, Novi
Sad, 2016. p. 655.
6 Ibid, pp. 663–665.
7 Ibid, p. 664.
8 Ibid, pp. 673–674.
9 The following volunteers were mentioned: Mustafa Golubić (confirmed agent of Russian Intelligence
Service Ohrane and that helped him to avoid the trial in the Salonika process), Boško Arežina (he was
allegedly the one who should have assassinated Regent Aleksandar), Nezir Hadžinalić (he was allegedly
the one who should have assassinated Nikola Pašić), Muhamed Mehmedbašić and Vladeta Bilbija (they
allegedly should have assassinated Greek King Constantine I), Milan Ciganović, Đuro Šarac and Veljko
Zečević.
admitted later during the Salonika process. Unsolved murder of the volunteer Boško Arežina
in Thessaloniki in May 1916 pointed to seriousness and danger of the illegal organizing of
the group10. In spite of the differences about the persons who prevented the assassination of
Greek King Constantine I, the statements given by Colonel Apis and Bogdan Radenković in
prison in Thessaoliniki in April 1917, confirm that an attempt of assassination did take place.
The Serbian Army, which was taking positions in the wider area of Thessaloniki during spring
of 1916, was similarly to other Entente Allies exposed to strong propaganda and obstructive
activities performed by Germany oriented Greeks. Because of all these events, General Sarrail
introduced state of emergency in Thessaloniki. It is impossible even to predict the conse-
quences of the insane acti – assassination of the sovereign of the host country which accepted
the Allied soldiers.
As for finding out who was the one responsible for the sufferings in late 1915, some histo-
rians emphasize establishment of three fronts, i.e. confrontations on Corfu and in Thessalon-
iki during 191611. Regent Aleksandar and Government of Nikola Pašić were responsible for
members of UorD organization. However, the course of actions showed that there were only
two sides – Regent Aleksandar with Government of Nikola Pašić and Supreme Command on
one side and members of UorD organization together with some representatives of civilian
authorities on the other side. Analysis of the situation and state in the Serbian Army in 1916
pointed to the fact that continuation of political activity of UorD organization members and
confrontation between Black Hand and White Hand officers on Corfu, in Thessaloniki and
on the front did not seriously influence state of morale. Rate and level of the Serbian Army’s
engagement in this period undoubtedly contributed to that, because there was simply no time
for dealing with vague and behind scene activities.
The Salonika process has been subject of research made by numerous historians and po-
litical analysts. Many things have been written about it, and a general attitude of those dealing
with it is that it was a show process with a predetermined goal. This attitude was confirmed
in a detailed description written by Milan Ž. Živanović, Colonel Apis’s nephew, in his book
Pukovnik Apis – Solunski proces hiljadu devetsto sedamnaeste (Colonel Apis – The Salonika Pro-
cess in 1917). Actual intentions of the process organizers could be seen even during the proce-
dure for establishment of criminal offences the defendants were accused of. Two criminal acts
were defined in the written information sent by Minister of Internal Affairs to the Minster of
war: act of coup, punishable by imprisonment and act of assassination of a Regent, punishable
by death. The Court Department of the Kingdom of Serbia found out that there were suffi-
cient grounds for launching an investigation against the accused for the following criminal
acts: act of rebellion in the army, punishable by death, and act of assassination of royal family
member, punishable by death. Disbanding of already existing court bodies and forming of the
new First-instance Military Court for officers and Second-instance Big Military Court meant
preparation of the ground for solving the issue in which the accused had no chances. Com-
position of the newly formed military courts just confirms the abovementioned claim. After
completion of the process, the following persons were sentenced to death: Dragutin Dimitri-
jević Apis, Radoje Lazić, Bogdan Radenković, Milan Milovanović, Čedomir Popović, Vladi-
mir Tucović, Velimir Vemić, Ljubomir Vulović and Rade Malobabić, while Damjan Popović
and Muhamed Mehmedbašić were sentenced to time penalties. Death penalty was confirmed
and on it was imposed only on Apis, Vulović and Malobabić in Micra besides Thessaloniki. As
10 There are suspicions that a conflict took place between the volunteers and Major Vulović because of
refusing the task to kill Nikola Pašić and Regent Aleksandar, so it is possible that they applied the attitude
from the Statute of the organization “UorD” about physical liquidation of the person who betrayed the
organization. Although there had been cases of disclosing the data about activities of the organization,
the attitude from the Statute was not applied before this event.
11 Kazimirović, V, op cit, p. 670.
for the others sentenced to death, their sentence was subdued to time imprisonment. The level
of the hatred Regent Aleksander felt for the three men sentenced to death can be easily seen
through the fact that their posthumous remains were buried in the Memorial Ossuary in the
Serbian Military Cemetery in Thessaloniki, but not under their names and ranks – as should
be appropriate, but under numbers: N.N. – 5027 (Colonel Dragutin Dimitrijević – Apis),
N.N. – 5028 (Major Ljubomir Vulović) and N.N. – 5029 (Rade Malobabić).
It would be unfair towards history to claim that the Salonika process did not leave any
trace on the Serbian Army and that it did not have negative influence upon state of morale
in certainly difficult situation on the front after changing to trench war waging. Detaining
of Colonel Apis and disbanding of the Volunteer detachment of Vojvoda Vuk, depriving the
suspects in the Salonika process of freedom, disbanding of the Third Army as well as the
very unfortunate judicial process did not cause serious troubles within the Serbian Army, but
they surely left bad impression with all reasonable people. According to conclusions made by
certain politicians, the Salonika process passed calmly and without serious consequences on
unity of the Serbian Army, in spite of obvious legal failures and its misuse for political fights.
After 100 years there is an impression that the Salonika process did not solve obviously
present problems and divisions among the Kingdom of Serbia political and officer elite which
really did exist. Since it turned into political clashes between Regent Aleksandar and Colonel
Apis and UorS organization members, “the Process” went on soon after coming of the Army
back to the native country and end of the war. Division and confrontation of the opposed
sides stayed and it showed, more or less intensively, till the Process revision. Unfortunately,
in spite of the fact that the Process revision in 1953 annulled the indictments from 1917 and
acquitted of all guilt, it did not completely meet the expectations because it was conducted in
order to discredit Karađorđević dynasty in the years immediately after the end of the Second
World War. Clausewitz said long time ago “that war is continuation of conducting politics
with some other means” and it is matter of an officer’s skill to learn the lesson about the time
of duration and what belongs to competences of politics, and where a war begins and what
military competences are. Near the end of the Salonika process, the very Colonel Apis admit-
ted that, among other things, his dealing with politics had been something that had brought
him into a hopeless situation. Unfortunately, totally honest and respect worth act of Colonel
Apis did not get its deserved place in all the additional revisions and analyses. That is why it
is very important nowadays for us to learn the lessons from the historical officer Apis on one
side, and from the mythical revolutionary Apis on the other side – with all their good and
bad sides.
ENGAGEMENT OF DR ARCHIBALD REISS DURING 1916

AND 1917 AND HIS OPINION ON THE SALONIKA PROCESS
Great and confirmed friend of the Serbian people Dr Rodolph Archibald Reiss shared also
destiny with their Army. It was soon clear that engagement of one of the world-acknowledged
forensic scientists of that time was a clever act of KS Government. He became blade of the pen
used for writing and spreading the truth about freedom struggle of the Serbian people and
their Army in the Great War. In the time when the information operations did not exist, he
was cooperating with the KS Government, Supreme Command and intellectual elite circles
mobilized by the authorities, thus providing domination in the information space. Atten-
tion worth is one of the strongest texts of Dr Reiss written and published in late May 1916,
when the Serbian Army was about to complete the transport from Corfu to the wider area
of Thessaloniki and prior to one of the key Allied conferences in June 1916 on the operation
performed by Eastern Army. There was not a single reasonable person who could stay indif-
ferent to the text under the title Serbian Victims and the text was an enormous stimulus to
the exhausted Serbian Army but the clearest possible warning to the Entente Allies. Reiss in-
formed wider international community about all the difficulties the Serbian Army had passed
from the beginning of the Great War and the sacrifices it had suffered, including the Balkan
wars as well. Emphasizing that number of victims was approaching ¼ of total population of
Serbia, he in some way warned the Entente Allies to send additional forces into composition
of the Eastern Army and stressed: “This time it is demanded from Serbs to sacrifice the last
generation of their boys, their last hopes for the country renovation … among the people who
have lost their lives are the ones who represent the country elite: high-school pupils, students,
representatives of free professions, professors, lawyers, doctors and teachers’”12. When talking
about the Entente Allies and untried Ally-Serbia, he said that “there are still some English
theoreticians who support Bulgarians ...Almost mother feelings of Russia towards Bulgaria
are totally understandable … but Serbia has never stopped looking up at Petrograd as at its
natural protector ... with Serbs, Italy will get the most loyal and most reliable allies ...France
nowadays sees Serbia as a sister who, due to the superhuman undertakings and endless loyal-
ty, has deserved all the rights.”13.
Although Dr Reiss published his book What I Saw and Experienced during Great Days in
1928, it can be seen from its contents in which way he understood and estimated the situation
among his friends Serbs in winter, spring and summer of 1916 – in the period when he was
not on the front. He began his comment with the problems of the present divisions among
parties, and he thought that the especially unpleasant part of the divisions was taking of the
conflicts out of the country and continuation of confrontations in foreign countries, for exam-
ple in Switzerland. He obviously did carefully follow course of the events, albeit physically far
from Corfu and Thessaloniki. It is out of doubt that, when talking about presence and political
activities of Serbian distinguished citizens in Switzerland, he was referring, among others, to
Miloš Bogićević and his support to concluding of the separate peace between Serbia and Ger-
many and later between France and Germany. He was probably referring to Svetolik Jakšić as
well and his Letter to Serbs in Thessaloniki in which he invited openly to overthrowing of KS
Government in the time when the Entente Allies were preparing for the first serious offensive
operation on the Salonika front. His reply to Jakšić’s document after coming to the Salonika
front was very interesting, so since November 1916 all his texts written by Dr Reiss on the lib-
erated part of Serbia had the header Letter from Serbia. The first text of that sort was written in
just liberated Bitolj on 12 December 1917, and it was later published in Gazette de Lausanne.
During the autumn of 1916 and glorious battles in Gorničevo, Kajmakčalan and within
the arc of Crna reka, Dr Reiss was performing one of the most important missions given to
him by Supreme Command of the Serbian Army – he was reporting about the events at the
Salonika front. Unlike some war correspondents Reiss met during the war and who were
sending their reports from Thessaloniki, his reports in foreign newspapers as well as the notes
which for understandable reasons were not published, were sent from the first line of the front
and they stayed as truthful testimony about engagement of the Serbian Army. Irrespectively
of his additional disappointment by the reality, the issue which is very important to us as pro-
fessional soldiers and officers is the impression of the war reporters which was emphasized by
very Reis as well: “that they are very precious assistants to the military bosses and that their
way of presenting the events should support morale of the audience in the rear parts”14. He
stressed the importance of presence of Regent Aleksandar on the positions from the begin-
ning of the first breakthrough of the Salonika front till the moment of his arrival to liberated
12 Rajs, А: Šta sam video i proživeo u velikim danima, Talija, Belgrade, 1997. p. 213.
13 Ibid, pp. 214–215.
14 Rajs, А: Šta sam video i proživeo u velikim danima, Talija, Belgrade, 1997. p. 211.
Bitolj. In the same time he stressed the telegram sent by Bulgarian heir to the throne Boris
to the 1st Regiment Commander who was in charge of the position on Kajmakčalan and the
order issued by Regent Aleksandar read after the first victory and mastering Gorničevo15. He
stressed the former document – telegram in negative sense because it had obviously been sent
pro forma and with no emotions or morale charge. The latter one – the order was emphasized
in positive sense because it had been sent to all the soldiers, non-commissioned officers and
officers, and it contained all real values from history and tradition of the Serbian people such
as respect towards ancestors, family, native country and freedom, as well as faith and hope
about soon liberation of Serbia. Truthful reports written by Dr Reiss supported by photos
were extremely important for morale of the people on the front, in rear parts and they were
also enormously important for Serbs and other Yugoslavs in the occupied native country and
in Austro-Hungary decomposition which was expected to take place after the end of the war.
By reading the books made as result of his notes taken during the war as well as the au-
thor texts published in that period, it can be concluded that he, like majority of those being
on the line of the front, was a little bit indifferent towards the Salonika process. Reiss did not
want to make comments on the Process because most people understood it as a political clash
within the struggle for gaining predominance among the ruling political parties. The reason
for that attitude could be one of the first impressions he had got after coming to Serbia in late
summer 1914 at the invitation sent by KS Government. Serbian opposition members labeled
him then as “a man belonging to radicals”. He considered the Process as an unfortunate affair,
in wrong time and in wrong place16. He kept his neutrality because he knew very well both
Regent Aleksandar and Prime Minister Nikola Pašić, but he knew Colonel Apis as well. Since
he knew the persons from the military and state leadership of Serbia very well, he was prob-
ably familiar with the reason for moving Colonel Apis from the position of the Chief of SC
Intelligence section to the duty of the Užice Army Staff Chief, then of the Timok Army and
finally to the position of the Third Army Deputy Chief of Staff. He probably collected some
extra information while visiting the Serbian armies and their divisions during his stay at the
front in autumn 1916. There is high possibility that the assassination attempt on Regent Alek-
sandar in September 1916 and everything happening afterwards was one of the interesting
topics in that time. It was written in his notes that he was in the Third Army Command from
26 to 28 November 1916 and that was the last time he met Colonel Apis before his imprison-
ment. In spite of being rather detailed in his notes from the front and about his meeting with
well-known persons, it is interesting that Dr Reiss did not make any comment on Colonel
Dimitrijević. It is obvious that even then it was unwelcome to make comments on anything
in relation with UorD organization or Colonel Apis. However, it does not mean that Dr Reiss
did not follow and estimate activities of the officers and other persons who were having some
connections with the organization. There is the information that he exchanged with General
Sarrail, i.e. with French Intelligence Service but, apart from transfer of the collected informa-
tion, it is impossible to see if he supported any of the confronted parties17. General Sarrail for a
long time believed that it was persecution of Francophile officers performed by the politicians
15 Ibid, pp. 141–142.
16 Ibid, p. 320.
17 Reiss emphasized in his report to French Intelligence Service that “the leader of Black Hand
organization was spreading the idea that the only thing the Allies wanted was to use Serbs as cannon
fodder, and that the Germans would have treated Serbs in a totally different way if they had understood
that their interest had been joining the Central Powers. Besides, he claimed that Prince Aleksandar
and Nikola Pašić were only agents of Entente and that through their political loyalty to Entente they
destroyed the country.” As for Major Vulović, Reiss said that “he was the man who was a real desperado
and for whom there was evidence that he had killed, stolen and took away money”. Reiss’s opinion was
that “the affair about UorD organization was very dangerous for internal piece in Serbia as well as for
the interest of the country and that it was out of doubt that Dimitrijević and other leaders of Black Hand
organization were cooperating with the enemy.” Kazimirović, V, op cit, pp. 725–727.
from Corfu about whom he did not had some especially positive opinion. Dr Reiss had a very
important role in that period in calming down the Allies who worried about possible transfer
of the problems from the Salonika process to the front. Reiss then emphasized that “it was the
internal matter which has nothing to do with the sympathies or antipathies towards France
which, by the way, did not exist at all”18. Unfortunately, General Sarrail was right about one
thing – when he thought that there was fatal influence of politics in the Serbian Army (among
officers); fortunately, he was not right when he thought that the quarrels among the politicians
reach the front. The neutral attitude which Dr Reiss had taken during the Salonika process
would be changed after the war was over when he assembled a whole picture about the dan-
gers threatening the Serbian people due to political and party divisions19.
In the midst of the Salonika process, Dr Archibald Reiss wrote an article in May1917
under the work title A Letter from Serbia – Portrait of a Commander, which was published in
journal Gazette de Lausanne in early June the same year. In a journalist article he presented to
the public Vojvoda Živojin Mišić, the First Army Commander. In a symbolic way Reiss sug-
gested to the public abroad as well as to the Serbian people who were carefully following the
events relating Colonel Apis and his comrades in the Salonika process, an acceptable model
of an officer who could be an inspiration to young officers and to those who would like to be-
come ones. He began his presentation of Vojvoda Mišić with a sentence in which he actually
sublimated everything and after which he could have completed the issue, and that sentence
was: “Mišić is a man who is an extraordinary personification of all the qualities which are
characteristic of the beautiful Serbian people”20. I will mention here just some of the qualities
recognized by Dr Reiss in our famous Vojvoda, primarily because of young people who will
maybe read this text and who will be able to try to find in themselves or develop the same
values which adorn the Serbian people. “Vojvoda Mišić is the nicest and the best behaved
cosmopolitan ...in the same time modest and smart ... deeply religious but not a fanatic, an
excellent father of his family ... he is very attentive and he can always say something nice to
many foreigners … he is also reserved and he devotes his personality only to those whom he
considers to be his friends ...he is a commander adored by his soldiers and officers, he de-
mands strict discipline, but he encourages all those who show good will, he is a just person ...
he will listen to the complaints if they are founded, he will correct injustice … he has a friend-
ly relation with the officers … he considers his officers his associates … during a battle he is
calm, he speaks briefly and decisively and everybody listens to him ... extremely brave, very
intelligent and with indocile energy … in spite of being famous, he knew how to stay simple
and modest”21. Vojvoda Mišić is, even on world scale, an outstanding military commander
who was able to successfully resist the attempts to make him join some political option. He
successfully recognized where military began and politics ended, i.e. where politics began and
military ended.
From the moment of pronouncing the verdict to the accused in the Salonika process till
day when Colonel Apis, Major Vulović and civilian Malobabić were shot, Dr Reiss felt that he
had to address the Serbian people and the international public. In July 1917, the readers in all
the areas where the journal Gazette de Lausanne as well as other newspapers and magazines
which used to take over its articles could be bought, had the opportunity to learn about an-
other glorious Serbian military commander, Vojvoda Stepa Stepanović. Archibald Reiss met
the Second Army Commander at the command post in Moglena. He began his story about
the famous commander with description of his physical appearances and, like all experienced
policemen, he gave the readers a faithful picture of Vojvoda Stepa. Reiss stressed that “he was
18 Rajs, А: Šta sam video i proživeo u velikim danima, Talija, Belgrade, 1997. p . 320.
19 Rajs, А: Čujte Srbi čuvajte se sebe,Akia Mali Princ, Belgrade, pp. 90–92.
20 Rajs, А: Ratni izveštaji iz Srbije i sa Solunskog fronta, Geopolitika, Belgrade, 2014, p. 277.
21 Ibid, pp. 276–278.
a highly respected and admired commander in the Serbian Army”22. As for Reiss’s first im-
pression about Stepa, he was a modest, not too talkative man and a little bit solitary. Vojvoda’s
behavior in June 1917 was quite understandable because he was Colonel Apis’s friend and he
was aware of the way in which he would be punished. He was also worried about possible
implication of the Process upon the Army. Reiss then described the professional qualities of
Vojvoda Stepa, mentioning his successes in the previous battles, in the Balkan wars and in the
war that was in progress then. Indicating direction of the Second Army engagement in near
future, it seemed as he had wanted to frighten Bulgarian and German soldiers on Dobro Polje.
Like with Mišić, he emphasized that Vojvoda Stepa had come from a peasant family and that
he was very closely connected to his homeland. He emphasized the fact that both famous Ser-
bian commanders’ origin was from the people, that they respected their soldiers and lived for
them. When describing Vojvoda Mišić, Dr Reiss said that “only the commander who can rely
on loyalty of his subordinates, can hope that big deed will be accomplished”23, and the same
was applicable in case of Vojvoda Stepa. Presenting of the glorious Vojvoda was completed
with one good recommendation for the generations of young officers: “Stepa Stepanović is
smart. He has devoted his life to his profession and his beloved country, and he has given
up glory”24. In the tough times of trench war, desertion from the frontline, bad impression
about just completed Salonika process and shooting of Colonel Apis and his comrades, Reiss
provided the Serbian Army, but the people as well, with one more picture of the person worth
of all respect and who could be a model of way in which a man should live and work for their
homeland Serbia.
Dr Reiss stayed with the Serbian Army during the trench war in 1917 and he was the
eyewitness of the second and final breakthrough of the Salonika front on 14 September after
which he was present at its triumphant arrival to Serbia. Even after the war was over, he decid-
ed to stay in Serbia and with the Serbian people. Unfortunately, till his premature death he was
witness of the additional implications of the Salonika process upon Serbian society.
CONCLUSION
Finally, I would like to offer a compromise relating the Salonika process in 1917, using an
interesting construction whose author is Miloš Ković, journalist in Politika, and I hope that, if
not all of us, majority will agree with him. I am sure that even Colonel Apis, if he could be with
us, would agree with the compromise solution. Indelible part of Serbian history is, on one
side, officer of the Kingdom of Serbia Army – Colonel Dragutin Dimitrijević, historical Apis,
and on the other side is the revolutionary and patriot Dragutin Dimitrijević, mythical Apis.
The historical Apis as a young officer violated the oath given to the King when his revolu-
tionary feelings were misused for the first time by Austro-Hungarian intelligence service and
the Karadjordjević Dynasty. As an officer who was expected to reach high duties and positions
in the Kingdom of Serbia, due to his own fault, fault of those who he had brought to power but
due to the fault made by his older colleagues officers in the General Staff as well, he did not
manage to mark off where military ended and politics began, and where politics ended and
military began. He allowed himself to be denounced because of homophobia and militaristic
ideas relating to organization of the government in the country. As a senior officer and the
first intelligence officer in the Kingdom of Serbia Army, he did not properly estimate who his
friends and who his foes were, and that was confirmed in the course of the events on Vido-
22 Ibid, p. 298.
23 Ibid, p. 277.
24 Ibid, p. 300.
vdan in Sarajevo 1914, when his revolutionary feelings, as well as the feelings of Mlada Bosna
organization members, were misused for the second time by German intelligence service, as
well as during the Salonika process when almost all the accused began to speak against each
other – apart from Colonel Apis.
The mythical Apis was primarily a patriot who loved Serbian people and who did not hate
other nations. He could not stand autocracy and dictatorship of a sovereign of the people. He
did not like political representatives who were performing their functions for their own greed,
but not for general good. He was living for the moment when all Serbs and other Yugoslavs
would be united and lived united and harmonious in one state. He was a revolutionary in
his soul and he always had in his head an image of united, strong, better and happier Serbia.
From time to time his enthusiasm was so strong that he was so blinded that he did not notice
evil intentions of those surrounding and using him. It is pity that both historical and mythi-
cal Apis were focused and blinded by the idea of better future life for his people and state, so
consequently he forgot about one of the sacred things of his people – own family. In the end,
he remained alone.
It is good for both historic and mythical Apis, as well as for us who should learn about and
respect history of our people, that he admitted that he made mistake when he allowed to be-
come a part of political and party affairs and, consequently, to be less successful in his military
job. Neither historical nor mythical Apis, nor his comrades, deserved being killed and buried
without name and surname. In all of this, it is good for Colonel Apis and for Serbs that during
the hard time of the Great War we had a common friend and that was Dr Rodolph Archibald
Reiss. Only a man who genuinely respected values of Colonel Dragutin Dimitrijević – Apis,
Regent Aleksandar Karađorđević and Prime Minister Nikola Pašić could, in the time of the
unfortunate Salonika process, offer a solution which was containing a desirable model for
young Serbian officers and for the future ones who wanted to become officers. Our ancestors –
famous Serbian soldiers, non-commissioned officers and officers from the glorious battles on
Cer, the Drina, the Kolubara, Gorničevo, Kajmakčalan, Crna Reka and Dobro Polje, thanks
to their high morale values and outstanding will to defend the native country, were able to
understand causes, reasons and possible consequences of the Salonika process and did not
let its being transferred to the line of the front. In the name of our glorious ancestors and Dr
Reiss, instead of letting the Salonika process become the reason for our further detachments
and clashes, let us fulfill Colonel Apis’s last wish and “let Serbia be happy”.
REFERENCE
1. Doktrina Kopnene Vojske Srbije, Medija Centar “Odbrana“ 2012.
2. Živanović М.М: Pukovnik Apis – Solunski proces hiljadu devetsto sedamnaeste, Prometej,
Novi Sad, 2016.
3. Kazimirović, V: Crna ruka – ličnosti i događaji u Srbiji od majskog prevrata 1903. do Solun-
skog procesa 1917. Prometej, Novi Sad, 2016.
4. Klauzevic, FK: O ratu, Vojno delo, Beograd, 1951.
5. Rajs, A: Šta sam video i proživeo u velikim danima, Talija, Belgrade, 1997.
6. Rajs, А: Čujte Srbi čuvajte se sebe, Akia Mali Princ, Beograd.
7. Rajs, А: Ratni izveštaji iz Srbije i sa Solunskog fronta, Geopolitika, Belgrade, 2014.
8. Sun Cu, Umeće ratovanja, Mono i Manjana, 2009.
9. www.politika.rs/sr/clanak/370934/Drustvo/Istorijski-i-mitski-Apis.
PRIORITIES AND PROSPECTS FOR IMPROVEMENT
OF THE EDUCATIONAL ACTIVITIES AT THE ST.
PETERSBURG UNIVERSITY OF THE MINISTRY
OF INTERIOR OF RUSSIA IN PREPARING STUDENTS
FOR TECHNICAL CAREERS
Primakin Alexey Ivanovich, Head of the Department of Special Information Tech-
nologies of the Saint-Petersburg University of the MIA of Russia, Doctor of Techni-
cal Sciences, Professor, Police Colonel
KuvatovValeriyIlich, Professor of The Department of Special Information Technol-
ogies of The Saint-Petersburg University of The MIA Of Russia, Doctor of Technical
Sciences, Professor
Rodin Vladimir Nicolarvich, Assistant Professor of the Department of Special
Information Technologies of the Saint-Petersburg University of the MIA of Russia,
Candidate of Technical Sciences, Associate Professor
Abstract: In the article prospective directions of cadets’ training related to the

introduction of active and interactive pedagogical forms and methods, which in many
ways increase the efficiency of training specialists of technical profile, are considered.
To implement the presented pedagogical methods, software, availability of hardware
complexes and knowledge of the teaching staff are necessary to implement the
appropriate approaches based on modern computer classes with the ability to remotely
administer workplaces of students.
The experience of using software is presented, which includes either specialized
software complexes or virtual laboratory practices, and to some extent, standard
widely used programs - STATISTICA, MathCad, Excel, etc.
The importance and necessity of the hardware of the educational process is noted,
namely, the availability of a laboratory and technical base that allows to effectively
implement the competence approach in the acquisition of cadets of professional skills
and competencies, both in laboratory and practical classes, and during the passage of
various types of practices in the profile Units of the Ministry of Internal Affairs.
The emphasis was placed on the need to introduce methods of conducting classes
in computer classes with the ability to remotely administer automated workstations
(AWP) of trainees. The experience of using such techniques allows us to establish
the effectiveness of using computer classes in the contact work of the teacher with
students, as well as during hours of independent work of cadets, in particular, when
students prepare final qualification work.
The conclusion of the article draws attention to the need to use test programs to assess
current and residual knowledge of students with the goal of introducing interactive
methods based on the principles of interaction, activity of learners, reliance on group
experience, as well as mandatory feedback.
Key words: active and interactive forms of education, software, hardware, innovative
methods, test programs.
348 Primakin Alexey Ivanovich, KuvatovValeriyIlich, Rodin Vladimir Nicolarvich
INTRODUCTION
Modern society is interested in employees of law enforcement bodies, who have a high
professional level and business qualities. To this end, departmental educational institutions
need not only equip a graduate with a set of knowledge, but also to create such personality
qualities as initiative, the ability to think creatively and find non-standard solutions.
A feature of the federal state educational standards of higher education (GEF VO) is their
activity character, which sets the main task of the development of the personality of the cadet.
This is manifested in the rejection of the traditional presentation of learning outcomes in the
form of knowledge, skills and habits. Formulations of the GEF HPE indicate the actual activ-
ities and form the competencies of the graduate cadet. In this regard, it is required to change
all the components of the educational process: content, methods of control and methods of
teaching. One of the priority and promising areas for improving educational activities at the
St. Petersburg University of the Ministry of Internal Affairs of Russia, related to changes in
teaching methods, is the use of active and interactive methods in the educational process.
The basis of active methods is an experimentally established fact that, other things being
equal, a person remembers only 10% of what he hears; 50% of what he sees and 90% of what he
does. In other words, what I hear - I forget; what I see, - I remember; what I do, I understand.
As applied to the training of cadets at the St. Petersburg University of the Ministry of In-
ternal Affairs of Russia, the following active teaching methods are used in the disciplines of
the Special Information Technologies Department (SIT), which produces and is responsible
for the technical directions of training:
-- Training with the use of computer training programs (physics, fundamentals of
electrical engineering and radio electronics, cryptographic protection of information, the
basis of information security in ATS, information technology and others);
-- Business games - a method of organizing the active work of students, aimed at developing
certain recipes for effective educational and professional activities (the basis of information
security in the police department);
-- Brainstorming - a specialized method of group work aimed at generating new ideas,
stimulating the creative thinking of each participant (the basis of information security in the ATS);
-- Analysis of practical situations (case studies) - method of teaching skills in decision-
making; its purpose is to teach students to analyse information, identify key problems,
generate alternative solutions (the basis of information security in the ATS);
-- System of clusters and others.
Thus, one of the actual problems in the educational practice is to increase the activity of the
cadet in the class, his training should be based on active inclusion in the appropriate action.
The choice of a specific active method of training cadets depends on the didactic purpose
of the lesson. So, for example, if the didactic goal of the lesson is to generalize the previously
studied material, then it is advisable to use group discussion, brainstorming. If the didactic
goal is to develop the ability to self-study or increase the educational motivation, then in
this case a greater effect is provided by the business game, role play, the analysis of practical
situations.
PRIORITIES AND PROSPECTS FOR IMPROVEMENT OF THE EDUCATIONAL...349
There are a number of examples of the use of active teaching methods depending on the
didactic goal of the activity123.
In January 2017, at the training and methodological collections on the priorities and pros-
pects for improving educational activities held at the St. Petersburg University of the Ministry
of the Interior of Russia, the issues of the introduction of active and interactive pedagogical
forms were discussed in the work of section No. 9 “Interactive demonstration session in nat-
ural and mathematical sciences”, as well as methods that promote the implementation of the
competence approach in the learning process.
In the speeches of the scientific and pedagogical staff of the technical departments of the
university, based on the generalization of the pedagogical experience of the use of active and
interactive methods in the conduct of the classes, the following areas that contribute to the ef-
fective introduction of innovative pedagogical technologies in the learning process were noted.
First of all, the software of the educational process is required, as a rule, specialized; avail-
ability of hardware systems, i.e. modern laboratory and technical base, which is a requirement
of federal state educational standards of higher education; possession of the scientific and
pedagogical staff of the departments with methods that allow to implement the appropriate
pedagogical approaches on the basis of modern computer classes with the possibilities of re-
mote administration of workplaces of students; application of test programs to assess current
and residual knowledge of cadets and listeners.
A few details about the above mentioned components.
THE NEED FOR SOFTWARE EDUCATIONAL PROCESS

The software can consist either of specialized programs purchased from third-party man-
ufacturers or manufactured in-house under the specific theme of a particular academic disci-
pline, and to some extent, standard, widely used programs - STATISTICA, MathCad, Excel, etc.
Most of the practical classes on the academic disciplines of the SIT Chair are based on the
use of specialized computer programs and laboratory complexes. The methodology of their
application in class is based on the alternation of interactive and active forms of education.
Therefore, for example, in practical exercises in physics, the consolidation of the educa-
tional material outlined in the lecture begins with the provision of the possibility for the ca-
dets to independently understand the interactive model of the process being studied, realized
by the possibilities.
1 Voronich V.V., Loknov A.I., Pospelov V.V., Primakin A.I. On the improvement of certain areas of
activity of the departments of the Saint-Petersburg University of the Ministry of Internal Affairs of
the Russian Federation in order to improve the efficiency of training cadets in technical specialties:
09.03.02 - “Information systems and technologies” and 10.05.05 - “Information technology security in
law enforcement” / Bulletin of the Saint-Petersburg University of the Ministry of Internal Affairs of the
Russian Federation. № 2 (66). 2015. – P. 162–169.
2 Muraviev A.V., Primakin A.I. Case-technology as a form of active methods of training cadets in
conducting classes in technical disciplines / Improving the quality of the learning process through the
use of active and interactive learning technologies: A collection of materials from the Round Table.
Saint-Petersburg, April 27, 2015 / Compilation: Kochin A.A., Talyanin V.V., Shutova E.Y., Radchenko
A.V., Loknov A.I. Staint-Petersburg: Publishing house of the Saint-Petersburg University of the Ministry
of Internal Affairs of the Russian Federation, 2015. – p. 163–165.
3 Kuvatov V.I., Primakin A.I., Yakovlev D.V. Method of forming the optimal sequence of studying the
modules of the academic discipline on the basis of forgetting curves / Bulletin of the Saint-Petersburg
University of the Ministry of Internal Affairs of the Russian Federation. №. 2 (58). 2013. – p. 172–178.
Specialized laboratory computer practice for universities PHIZIKON. At the same time,
students with interest communicate with each other, exchange knowledge, ways to translate
this or that idea. In this case, the main task of the teacher is to skilfully and competently direct
the activity of cadets in the direction of the studied issue. The used practice allows model-
ling, for example, the condition of the problem being solved, and the result (or the answer
of the problem) is obtained not by a “formula” solution but by visualizing the phenomenon,
modelling the corresponding physical process. This produces a strong impression on cadets,
stimulates interest, and awakens creative activity4.
The use of multimedia technologies in physics classes helps to reproduce a number of
phenomena and processes of nature, for example, mechanics and optics. It is the technology,
in which the perception of information is provided simultaneously by several senses. It is con-
venient to use the animations presented on the sites: “Classroom physics”, “Unified collection
of the COR” (http://class-fizika.narod.ru, http://school-collection.edu.ru); Video films “LLC”
Video Studio “Kvart”; Electronic teaching aids “All physics. Library of electronic visual aids
“,” Open Physics 2.7 “. The combination of teacher’s comments with video information or an-
imation significantly activates the attention of cadets to the content of the presented training
material and raises interest in a new topic.
The experience of applying innovative pedagogical technologies allows us to recommend
an interactive methodology for conducting practical classes, in particular, on the discipline
“Fundamentals of Information Security in the ATS.” The thematic plan of this discipline pre-
supposes cadets studying questions related to cryptographic methods of information protec-
tion, in particular with an electronic digital signature (EDS), which is more ideal for today.
As you know, the EDS algorithm is built on an asymmetric cryptographic system, so
the first stage is studying the basics of cryptography. For this, the author’s (developed by the
teachers of the department) computer laboratory workshop “Control and training in encryp-
tion methods” is used. This laboratory practice allows not only simple and clear presentation
of the fundamentals of cryptography to students, but also provides them with an opportunity
for self-verification. - How correctly they understood the training material by referring to the
section of the Workshop “Testing knowledge and encryption methods”.
The cadet, in the process of checking the material he studied, is offered to decipher a
message encrypted by one of the cryptographic algorithms he is studying. Faced with the
difficulty in the decryption process, the cadet has the opportunity to apply to the section
“Teaching encryption methods” again, simulate the situation proposed in the test task and,
having eliminated the knowledge gap by the appropriate algorithm, return to the verification
task. All this makes it possible to master the educational material in an accessible, visual and
fascinating form.
In addition, the workshop contains a sufficiently extensive reference material on the his-
torical development of cryptography, according to the algorithms of the cryptographic sys-
tems under study. The experience of conducting practical exercises with the application of
the considered practical work shows that cadets study the material with interest, studying
the elements of the game, the spirit of competition, excitement, and the desire to solve the
proposed problem first.
4 Primakin AI The use of active forms and methods of education in preparing students of St. Petersburg
State University Russian Interior Ministry in the preparation of the technical profile of the disciplines
(in “Physics” discipline example) / Improving the quality of the learning process through the use of
active and interactive learning technologies: A collection of materials from the Round Table. Saint-
Petersburg, April 27, 2015 / Compilation: Kochin A.A., Talyanin V.V., Shutova E.Y., Radchenko A.V.,
Loknov A.I. Staint-Petersburg: Publishing house of the Saint-Petersburg University of the Ministry of
Internal Affairs of the Russian Federation, 2015 – p. 173–177.
Later, after the cadets mastered the basics of cryptography, the process of their learning
passes to the second stage: the study and understanding of the functional purpose of EDS,
which is extremely relevant today, especially taking into account the introduction of electron-
ic document management in the work of law enforcement bodies. Pedagogical innovations
used in the process of studying EDS are based on the practical training of cadets in the gen-
eration and distribution of cryptographic keys; signing, encrypting with their help an elec-
tronic message and transferring it to the addressee, carrying out the procedure for verifying
the signature and decrypting the received message. Moreover, each cadet acts as a sender
and recipient of an electronic document. Such interactive role-based approach (theory-prac-
tice-theory) in the process of mastering the studied subjects allows them to effectively achieve
the goal of the lesson - to understand the rather complicated algorithm of EDS and apply it
in the practical plane5.
The Chair of SIT has worked out the method of studying mathematical disciplines taught
at the department with the use of an interactive approach based on, to some extent, “standard”
widely used computer programs - STATISTICA, MathCad, Excel.
To date, there are several mathematical packages that allow you to perform complex
mathematical calculations quickly, simply and efficiently, even in a symbolic form. Here you
should pay attention to such computational tools as Maple.
Mathematics and MathCad. These packages are allocated precisely because they support
symbolic calculations at a sufficiently serious level.
The method of teaching mathematical disciplines is reduced to the cadet’s fulfilment of
the proposed tasks that presuppose both calculation and symbolic transformations of the
proposed functions (for example, in performing differential and integral computations) with
subsequent verification of the result in the environment of the integrated MathCad package.
At the first stage of the practical lesson, the cadets independently carry out the solution of the
problem without applying the MathCad package, and it is expedient to apply the element of
“competitiveness”, “rivalry” between the trainees: the first who fulfils the proposed task, has
the opportunity to test it in the integrated MathCad package and proceed to the next tasks.
Thus, using this technique there is an application of interactive learning technology: an in-
dependent solution of the problem, verification of its solution and transition to the next task.
It is advisable to apply the above methodology in the process of training cadets, both un-
der the guidance of the teacher and during self-hours, which significantly increases the effec-
tiveness of training. The integrated package MathCad allows you to visualize the material; the
“physics” of the mathematical process becomes more understandable and clear. For example,
in the section “Fundamentals of mathematical statistics”, the cadets’ understanding of what is
a “distribution function of a random variable”, “distribution density”, what is the relationship
between these functions, the way to verify the result is carried out quickly and clearly, in par-
ticular, finding the area of the figure Under the graph of the distribution density, which should
be equal to one, is easily verified by means of the integrated MathCad package by means of the
integration operation of the specified function6.
5 Primakin A.I. Application of an interactive computer case study to improve the effectiveness of
training cadets on the basics of cryptography / Regional Informatics (RI-2014).XIV Saint-Petersburg
International Conference “Regional Informatics (RI-2014)”. Saint-Petersburg, October 29-31, 2014:
Conference proceedings. \ SPOISU. – Saint-Petersburg, 2014 – p. 181.
6 Primakin A.I., Yakovleva N.A. Improving the effectiveness of conducting practical classes in
mathematics through the use of innovative technologies (using the example of the MathCad computer
program) / Improving the efficiency of education and science at the Saint-Petersburg University of the
Ministry of Internal Affairs of the Russian Federation within the framework of the implementation of the
«Road Map» of the Ministry of Internal Affairs of the Russian Federation: materials of the educational
and methodological training meeting. Saint-Petersburg, January 9-10, 2014 / Compilation: Kochin
THE NEED FOR HARDWARE SUPPORT OF THE EDUCATIONAL

PROCESS (THE PRESENCE OF A LABORATORY
AND TECHNICAL BASE)
Formation of professional and professional competences of students makes special de-
mands on the laboratory and technical base of the SIT chair, which provides all types of dis-
ciplinary and interdisciplinary training, laboratory, practical and research work of cadets and
listeners provided for by the university curriculum. The analysis of the volume of the study
hours on the disciplines of the SIT Department showed that practical types of classes oriented
to the use of modern information technologies on the basis of specialized computer classes
and classrooms account for more than 60% of the total classroom load.
The participation of the faculty of the SIT chair in the work of the interuniversity round
table on the basis of the Moscow University of the Ministry of Internal Affairs of Russia on
December 23 2016 expanded the experience of using the polygon-laboratory database in
training cadets in the specialty 10.05.05 - “Information Security in Law Enforcement”. The
importance and necessity of the hardware of the educational process in the implementation
of the competence approach was identified, as well as the role of the technical component for
increasing the effectiveness of the acquisition of professional skills and competencies cadets
and students during the passage of various types of practices.
Taking into account the requirements of GEF VO, as well as the volume of the theoretical
and practical training load, the organizational structure of the laboratory and technical base
of the SIT chair: a laboratory and two specialized computer classes was developed.
The laboratory of the SIT department consists of three offices: physics, electro- and radio
measurements; systems and networks of data transmission; the software and hardware for
information security; a polygon of technical protection of information. Each of the offices
includes one or two auditoriums with the stands installed in them.
The general approach to the organization of classes on the basis of the technical protec-
tion information polygon is based on modelling situations related to attempts to penetrate
an information system located in one of the adjacent audiences; the detection of threats and
the organization of protection by the technical and software of a system located in another
auditorium7.
To increase the motivation, it is expedient to apply the group work of cadets: at the stage of
consolidation of the studied material, each group includes students with weak, medium and
high levels of training. The essence of this group work is this: the group gets the assignment;
the stronger student implements it and explains to the weak comrades how it did it. This
method develops cadets mutual assistance, collectivism, nurtures a culture of communica-
tion8.
A.A., Kustov P.V., Pronina E.Y., Udaltsov A.A. Publishing house of the Saint-Petersburg University of the
Ministry of Internal Affairs of the Russian Federation, 2014 – p. 197–200.
7 Loknov A.I., Primakin A.I., Yakovleva N.A. Improvement of professional training of personnel in
the specialty 10.05.05 - “Security of information technologies in law enforcement” for law enforcement
agencies / Bulletin of the Ryazan branch of the Moscow University of the Ministry of the Internal Affairs
of the Russian Federation named after V.Y. Kikotya. №. 9. 2015 – p. 67–74.
8 Zolotenko V.A., Primakin A.I. Methods of applying new information technologies to improve the
effectiveness of independent training of cadets and listeners of the Saint-Petersburg University of the
Ministry of the Internal Affairs of the Russian Federation / Organization of professional training in the
context of improving the personnel policy of the Ministry of Internal Affairs of the Russian Federation:
materials of the educational and methodological training meeting, Saint-Petersburg, January 10-12,
2013 / Compilation: Kochin A.A., Kustov P.V., Pronina E.Y. and others: Publishing house of the Saint-
Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2013 – p. 290–295.
INTRODUCTION OF METHODS FOR CONDUCTING CLASSES

ON TECHNICAL DISCIPLINES BASED ON COMPUTER
CLASSES WITH THE ABILITY TO REMOTELY
ADMINISTER WORKPLACES OF STUDENTS
The hardware and software of the specialized computer classes of the SIT chair allows: to
control the mode of operation of each workstation of the cadet with the teacher’s workstation;
monitor the work of each student in an interactive mode and by learning to remotely conduct
testing, the results of which are received at the teacher’s workstation.
The experience of using the hardware and software capabilities of these classes to orga-
nize interactive practical exercises, in particular, on the discipline “Programming: languages,
methods, technologies”, showed the effectiveness of their use in contact work of the teacher
with students, as well as during independent hours of cadets, specifically when preparing the
final qualifying listeners [8].
To popularize the developed innovative pedagogical techniques and the experience of in-
troducing active and interactive forms of teaching by the scientific and pedagogical staff of
the SIT department, it was recommended that in the framework of summing up the results
of educational and methodological fees (January, 2017), demonstration classes on the basis
of computer classes with remote administration of workplaces of students were introduced,
as well as installation of the necessary software that allows you to remotely administer the
workstation in computer classes of St. Petersburg University HP Russia.
THE NEED FOR A TEST PROGRAM TO ASSESS CURRENT

AND RESIDUAL KNOWLEDGE OF STUDENTS
Improvement of educational activities at the St. Petersburg University of the Ministry of
Internal Affairs of Russia assumes the ability to manage the delivery of educational material
depending on the degree of its mastering by students. The control process is always connected
with the existence of “feedback”, which, in this case, manifests itself in the active application
of test programs9. Test computer programs are required to allow you to easily create
tests, both in textual and in graphical form, which is especially important for tech-
nical specialties; capable to increase the emotional response of cadets to the process
of cognition, to motivate educational activity, to arouse interest in mastering new
knowledge, skills and practical skills.
Until recently, the version of the program “Computer Testing System” was created and ac-
tively used at the SIT Department. Thus, the possibilities of the classical form of testing were
realized, as well as some specific functions: accounting for your own score or the weight of the
question in the test; introduction for each of the possible answers to the question of the degree
of confidence in the correctness of the chosen scale response alternatives.
The first specific feature allows differentiating inside a test question in its fundamental
importance. For example, an incorrect answer to a fundamentally significant question had
a more negative impact on the result than an incorrect answer to a less significant question.
9 Kuvatov V.I., Potekhin V.S., Chudakov O.E. Statistical model for assessing the results of testing the
knowledge of cadets, students and listeners of educational institutions of the Ministry of Internal Affairs
of the Russian Federation / Bulletin of the Saint-Petersburg University of the Ministry of Internal Affairs
of the Russian Federation. № 4 (68), 2015 – p. 195–299.
The second specific function allowed taking into account the emotional state of the tested
person regarding the correctness of his answer, which was achieved by indicating the degree
of his confidence. This specific function allowed the test person to form a certain tactics of be-
haviour during the test and developed in him the qualities necessary for skilful manoeuvring
and rational use of firmly acquired knowledge10.
At present, with the aim of introducing interactive methods based on the principles of
interaction, activity of learners, reliance on group experience, the department of SIT is im-
proving and improving the program “Computer Testing System”.
CONCLUSION
The directions presented in the article, based on the pedagogical experience of the scien-
tific and pedagogical staff of the SIT and related to the introduction of active and interactive
pedagogical forms and methods, make it possible to determine the priorities and prospects
for improving the educational activity at the St. Petersburg University of the Ministry of In-
ternal Affairs of Russia in training students in technical specialties.
REFERENCES
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testing the knowledge of cadets, students and listeners of educational institutions of the
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University of the Ministry of Internal Affairs of the Russian Federation. № 4 (68), 2015.
2. Kuvatov V.I., Primakin A.I., Yakovlev D.V. Method of forming the optimal sequence of
studying the modules of the academic discipline on the basis of forgetting curves / Bul-
letin of the Saint-Petersburg University of the Ministry of Internal Affairs of the Russian
Federation. №. 2 (58). 2013.
3. Loknov A.I., Primakin A.I., Yakovleva N.A. Improvement of professional training of per-
sonnel in the specialty 10.05.05 - “Security of information technologies in law enforce-
ment” for law enforcement agencies / Bulletin of the Ryazan branch of the Moscow Uni-
versity of the Ministry of the Internal Affairs of the Russian Federation named after V.Y.
Kikotya. №. 9. 2015.
4. Muraviev A.V., Primakin A.I. Case-technology as a form of active methods of training ca-
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A.A., Talyanin V.V., Shutova E.Y., Radchenko A.V., Loknov A.I. Staint-Petersburg: Pub-
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5. Primakin A.I. Application of an interactive computer case study to improve the effective-
ness of training cadets on the basics of cryptography / Regional Informatics (RI-2014).
XIV Saint-Petersburg International Conference “Regional Informatics (RI-2014)”.
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distance-modular training of information security specialists in educational institutions of the Ministry
of Internal Affairs of the Russian Federation / Proceedings of the VII Saint-Petersburg Interregional
Conference “Information Security of the Regions of Russia (IBRD-2011)”. Saint-Petersburg, October
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tersburg, 2014.
6. Primakin A.I. Universal testing system for monitoring students’ knowledge in the frame-
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the VII Saint-Petersburg Interregional Conference “Information Security of the Regions
of Russia (IBRD-2011)”. Saint-Petersburg, October 26-28 2011 \ SPOISU. – Saint-Peters-
burg., 2011.
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es in mathematics through the use of innovative technologies (using the example of the
MathCad computer program) / Improving the efficiency of education and science at the
Saint-Petersburg University of the Ministry of Internal Affairs of the Russian Federation
within the framework of the implementation of the «Road Map» of the Ministry of Inter-
nal Affairs of the Russian Federation: materials of the educational and methodological
training meeting. Saint-Petersburg, January 9-10, 2014 / Compilation: Kochin A.A., Kus-
tov P.V., Pronina E.Y., Udaltsov A.A. Publishing house of the Saint-Petersburg University
of the Ministry of Internal Affairs of the Russian Federation, 2014.
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Petersburg State University Russian Interior Ministry in the preparation of the technical
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9. Voronich V.V., Loknov A.I., Pospelov V.V., Primakin A.I. On the improvement of certain
areas of activity of the departments of the Saint-Petersburg University of the Ministry
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burg University of the Ministry of Internal Affairs of the Russian Federation, 2013.
CITIZENS EDUCATION ABOUT FLOODS:
A SERBIAN CASE STUDY
Vladimir M. Cvetković, Ph.D
Academy of Criminalistic and Police Study in Belgrade
[email protected]
Paolo Tarolli, Ph.D
Giulia Roder, Ph.D. candidate
Department of Land, Environment, Agriculture and Forestry.
University of Padova, Agripolis, Legnaro, Italy
Aleksandar Ivanov, Ph.D
Faculty of Security, Skopje
Kevin Ronan, Ph.D
Clinical Psychology School of Human, Health and Social Sciences,
CQ University, Rockhampton, Australia
Adem Öcal, Ph.D
Faculty of Gazi Education, Gazi University, Ankara, Turkey
Md. Juel Rana Kutub
Faculty of Earth and Environmental Science, University of Dhaka, Bangladesh
Abstract: The aim of quantitative research is a scientific explication of the effects certain
demographic, socio-economic and psychological citizens characteristics on citizens
education in Serbia about floods. It is because of that that during the whole 2015 a
series of 2,500 face-to-face interviews was conducted in 19 out of the 190 municipalities
of the Republic of Serbia. The study population consisted of all adult residents of the
local communities in which floods occurred, and the sample size complied with the
geographical and demographic size of the community. Results of the descriptive
statistical analysis showed 24.9% of respondents were educated about natural disasters
at school, 40.2% in the family, 29.9% at work, 39.9% of respondents know where
elderly, disabled and infants live, 14% noted that they knew the risks of floods, etc. The
research findings indicated that there is a statistically significant correlation between
the level of knowledge about natural disasters and sex, age, marital status levels of
education, fear of disaster, previous experience and income level. On the other hand,
education at school, within the family, at work is statistically significantly associated
with age, the level of education, marital status and employment status. The awareness
of where elderly, disabled and infants live was not statistically significantly related
to sex, the level of education, marital status and previous experience. The research
indicates how to raise the level of citizens’ knowledge starting from their demographic,
socio-economic and psychological characteristics. The research originality lies in the
uncharted impact of those factors on the citizens’ knowledge about natural disasters
in Serbia. The results can be used for the design of strategies to improve citizens’
knowledge about the natural disasters caused by flooding.
Keywords: floods, citizens, education, factors, Serbia.
358 Kevin Ronan, Adem Öcal, Juel Rana Kutub
INTRODUCTION
Flooding is usually defined as a result of the overflow of the river over its levees and
spreading over nearby valley1. The risk of flooding only exists as part of the relationship be-
tween water and human habitation. For most of the world’s population, flooding is a regular
seasonal phenomenon that ensures the growth of crops as it brings danger.2 In the period
from 1900 to 2013, in world 8 thousand floods occurred, where 13 million of people died, 2
million have been injured, 6 billion have been affected leaving 176 million homeless. Over an
annual statistical observation, it can be said that there were 74 flood events, six per month,
and 0.20 per day3. Floods and torrential floods are the most frequent phenomena of the “nat-
ural risks” in Serbia. Their frequency, intensity and diffusion across the territory make them a
continual threat to ecological, economic and social spheres.4
Every individual has the right and the obligation to be informed of the potential risks
that exist in the area where they live or work and to be able to get ease access to this type of
information. In this context, the role of the media is of particular importance. Mass media are
responsible for the efficient and quick communication about the onset and consequences of
disasters.5 Disaster risk reduction should be systematically treated across the curriculum and
through the grade levels at schools. The treatment must extend beyond the basic explanation
of hazards and safety measures but need to consider prevention, mitigation, vulnerability
and resilience6. School education is essential in enhancing knowledge and perception in this
framework, but even the family education is a vital element too.
In general, people are resilient to natural disasters thanks to their knowledge and gained
through experience made in previous similar situations. Families and communities education
in this regard is directed towards the development of competencies to recognise the charac-
teristics of such phenomena, to protect themselves and others, and to respond appropriately
in a given moment7.
LITERATURE REVIEW
Dufty8 defines community flood education as learning process or activity that builds com-
munity resilience. He highlighted that community flood education emcompasses both public
communications than information products and services e.g. publications, Internet sites, and
1 Bradford, M., & Carmichael, R. S. (2007). Notable Natural Disasters. California: Salem Press.
2 Cvetković, V. (2014). Spatial and temporal distribution of floods like natural emergency situations. Paper
presented at the International scientific conference Archibald Reiss days Belgrade; Gačić, J., Jakovljević,
V., & Cvetković, V. (2014). Floods in the Republik of Serbia - vulnerability and human security. In Ivica
Đorđević, Marina Glamotchak, Svetlana Stanarević, & Jasmina Gačić (Eds.), Twenty Years of Human
Security: Theoretical Foundations and Practical Applications (pp. 277-286). Belgrade: University of
Belgrade – Faculty of Security Studies.
3 Cvetković, V. (2014). Ibidem.
4 Ristic, R., Kostadinov, S., Abolmasov, B., Dragicevic, S., Trivan, G., Radic, B., Radosavljevic, Z. (2012).
Torrential floods and town and country planning in Serbia. Natural Hazards and Earth System Sciences,
12(1), 23-35.
5 Johnson, V. A., Ronan, K. R., Johnston, D. M., & Peace, R. (2014). Evaluations of disaster education
programs for children: A methodological review. International journal of disaster risk reduction, 9, 107-123.
6 Selby, D., & Kagawa, F. (2012). Disaster risk reduction in school curricula: case studies from thirty
countries. UNICEF.
7 Ivanov, A., & Cvetković, V. (2014). The role of education in natural disaster risk reduction. Horizons -
international scientific journal, X (16), 115-131.
8 Dufty, N., 2008a, A new approach to community flood education, The Australian Journal of Emergency
Management, Vol. 23 No. 2, May 2008
CITIZENS EDUCATION ABOUT FLOODS: A SERBIAN CASE STUDY 359
displays, but also training, development and industry- or community-specific programs com-
prehending education palns e.g. school and university curriculum. In addition, he proposes a
new approach that involves the participation of the learners, focused on building people resil-
ience, links with the ‘flood cycle’and other flood mitigation and resilience-building plans and
methods but gave emphasis on the longevity and the evaluation of flood education programs.
Shiwaku and colleagues9 underlined that school disaster education based on lectures
could raise risk perception, but it cannot enable students to know the importance of pre di-
saster measures and actions. They also argued that self education is an effective instrument
for promoting students’ preparedness for disaster risk reduction. Same findings have been
highlighted by Shaw and colleagues10 promoting the essentiality of self-education for realising
and deepening the family and community education in the decision making process. They
draw attention especially in the tool of disaster education finding conversation, experiencing,
and visual aids to bet the more effective. In relation, Botzen et al. 11 found that individuals
with little knowledge of the causes of floods have lower perceptions of flood risk proving
that the provision of flood-risk information to the public usually increases their awareness12.
Other socio-economic and demographic varibales such as gender have a degree of influence
in the knowledge and acceptance of rflood risk. It has been found that they displayed larger
sensitivity and knowledge to these events, however, this did not translate into a capacity to
react13. They highlighted that their work as child-carers and housekeepers made them unable
to create a strong social network within the community being less informed and involved in
the decision-making process.
A lot of studies have been conducted to attempt to quantify the impacts of community
flood education in minimising flood damages and assisting in emergency management.14 Kel-
lens and colleagues found that most studies operationalize disaster knowledge as perceived
knowledge, by asking respondents to what extent they think or believe their knowledge reach-
es about risk related topics15.Shiwaku and Shaw16 in their research conducted in different parts
of Japan, had the aim to understand the link between disaster education and students’ aware-
ness. They found a distinctly higher risk perception and risk reduction actions of the students
in the Maiko, as compared to other schools. This is because the Maiko focuses on mitigation
and preparedness, teaches about the social environment, and makes students develop the idea
about the importance of prompt actions. According to the literature consulted, it appears that
despite the fact students have already learnt about disasters and prevention measures for years
at school they demonstrated to be confused about these extreme events.17
9 Shiwaku, K., Shaw, R., Kandel, R. C., Shrestha, S. N., & Dixit, A. M. (2007). Future perspective of
school disaster education in Nepal. Disaster Prevention and Management, 16(4), 576-587.
10 Shaw, R., Kobayashi, K. S. H., & Kobayashi, M. (2004). Ibidem.
11 Botzen, W., Aerts, J., & Van Den Bergh, J. (2009). Dependence of flood risk perceptions on
socioeconomic and objective risk factors. Water Resources Research, 45(10).
12 Raaijmakers, R., Krywkow, J., & van der Veen, A. (2008). Flood risk perceptions and spatial multi-
criteria analysis: an exploratory research for hazard mitigation. Natural Hazards, 46(3), 307-322.
13 Cvetković, V., Roder, G., Tarolli, P., Öcal, A., Ronan, K., & Dragićević, S. (2017). Gender disparities in
flood risk perception and preparedness: a Serbian case study. Paper presented at the European Geosciences
Union GmbH - EGU General Assembly 2017, At Vienna, Austria, Volume: Vol. 19, EGU2017-6720:
Session HS1.9/NH1.18 Hydrological risk under a gender and age perspective, Wien.
14 Ronan, N. M., 2009, Future Flood Resilience – Victoria’s Next Strategy, Paper presented to the Joint
NSW and Victorian Flood Management Conference, Albury Wodonga 16 – 20 February 2009; Somek,
D. M., 2010, Flood Risk Reduction – an Assessment of Costs and Benefits, paper presented at the IWA
Young Water Professionals Conference in Sydney, July, 2010.
15 Kellens, W., Terpstra, T., & De Maeyer, P. (2013). Perception and communication of flood risks: a
systematic review of empirical research. Risk analysis, 33(1), 24-49.
16 Shiwaku, K., & Shaw, R. (2008). Proactive co-learning: a new paradigm in disaster education. Disaster
Prevention and Management, 17(2), 183-198. doi:10.1108/09653560810872497
17 Tuswadi, & Hayashi, T. (2014). Disaster Prevention Education in Merapi Volcano Area Primary
Research results conducted in Scotland have shown that 38.1% of respondents informed
about natural disasters over the neighbours, friends; 28.6% over the radio; 27.2% of the press;
28.5% over the national television; 36.7% through the competent authorities and 12.8% in
other ways.18 Cvetković et al.19, found that those who had someone at school talking to them
about natural disasters more often believed that they knew or were not sure whether they
knew what best describes an earthquake, whereas those who did not listen to school when
the subject of earthquakes was discussed more often believed that they did not know what an
earthquake is. Also, they found that the sources of information about natural disasters (fami-
ly, school, television, the Internet, radio, video games and lectures) influence the perceptions
of secondary education students on their knowledge about earthquakes.
METHODOLOGICAL FRAMEWORK IN RESEARCH

The aim of this research is to examine the role of citizens’ education about floods in Serbia
in their perception and preparedness actions. In this respect, the authors focused their atten-
tion in investigating the level of knowledge about floods, the vulnerable people that might be
more exposed to such risks, the prompt actions after an official warning and the household
safety procedures to undertake. To examine this, respondents were asked to rate on a Likert
scale their opinions from 1 (I do know absolutely) to 5 (I do not know absolutely), or to ex-
press their agreement on close ended questions and multiple choice ones. To examine their
level of education and knowledge about floods, they were asked to answer to the following
questions:
-- Have you ever been educated on flood events?
-- Have you ever been educated by your family about the causes of floods?
-- Have you ever been educated at your work-place about the causes of floods?
-- Do you know elderly, disabled and infants live in your community?
-- Do you have knowledge about risk maps and official warning about flood occurrence?
-- Do you know what to do after an official warning of a flood occurrence?
-- Do you know the location and how to manage water valve, gas valve, and electricity
device in your household?
The sampling has been undertaken based on the stratification of the population of the Re-
public of Serbia and according to its exposure to flooding. For this reason, 19 out of 190 com-
munities were randomly selected including Obrenovac, Šabac, Kruševac, Kragujevac, Srems-
ka Mitrovica, Priboj, Batočina, Svilajnac, Lapovo, Paraćin, Smederevska Palanka, Sečanj,
Loznica, Bajina Bašta, Smederevo, Novi Sad, Kraljevo, Rekovac and Užice. A series of 2,500
face-to-face interviews has been conducted during the whole 2015 being a good census-based
representation of the whole population of Serbia.
Schools: Focusing on Students’ Perception and Teachers’ Performance. Procedia Environmental

Sciences, 20(The 4th International Conference on Sustainable Future for Human Security SUSTAIN
2013), 668-677. doi:10.1016/j.proenv.2014.03.080
18 Werritty, A., Houston, D., Ball, T., Tavendale, A., & Black, A. (2007). Exploring the social impacts of
flood risk and flooding in Scotland: Scottish Executive Edinburgh.
19 Cvetković, V., Dragićević, S., Petrović, M., Mijaković, S., Jakovljević, V., & Gačić, J. (2015). Knowledge
and perception of secondary school students in Belgrade about earthquakes as natural disasters. Polish
journal of environmental studies, 24(4), 1553-1561.
RESULTS
Given the importance of familiarity with safety procedures for responding to a flood, the
respondents were asked to choose what they would do if a flood would occur. According to
the results obtained the higher proportion of people (41.4%) would fill and use sandbags.
In decrescent order, the 23.9% would put their furniture on the upper floors and similarly
(23.9%) would keep the most important things and evacuate. The 4.3 % would move their
vehicles to a safer place and just the 3.3% would brick up the doors and shut all the openings
(Figure 1).
Figure 1. Percentage distribution of answers to the question: “What would you do in the
period when expecting the flood wave?”
The school is a centre of education and results of this educational process are passed onto
the families and the local community being centres of culture and teaching. Accordingly, the
respondents were asked whether they have been educated about floods during high school.
The answers were in the majority negative (75.1%) evidencing a tiny attention of school pro-
grams towards disasters occurrence and consequences. Apart from the school, the family, as
the basic unit of society, usually bears the more negative burdens of floods. For this reason,
they might have developed personal strategies to cope with these events generated by fami-
ly-generated knowledge and past experiences acquired with previous situations. For this rea-
son, the respondents were asked whether someone in the family educated them about floods.
The majority (40.2 %) of the respondents discussed about flooding occurrence within the
family context whereas the 38.9 % never explored this between household members. The re-
maining percentage was not sure about it. Furthermore, the respondents were asked whether
the work-place was a source of knowledge about these events. The majority (45.5 %) answered
negatively while the 29.9% received some information and training about flood events. The
remainder again was not sure about the answers.
Mutual support and respect in the event of a natural disaster are of particular importance.
However, to provide adequate assistance to vulnerable people, the citizens of local communi-
ties need to know where in their community elderly, disabled and infants live. Respondents
were asked whether they have any idea about the locations of the most vulnerable people in
the community. The percentage is not encouraging reaching just the 40 % of people that know
where the more fragile people are based. In this regard, the respondents were asked to answer
the question whether they know what type of assistance is required by elderly, disabled and
infants before, during and after a flood. Slightly more than 50% of the respondents feel secure
about the procedures to undertake in the whole life of the flood may be ground on the com-
position of their own household.
Knowledge of flood risks by citizens in a local community is an essential precondition of
awareness about the necessity of implementation of preparedness measures for a response.
Risk map in this framework are essential knowledge to understand the place where they live
and the potential danger they are exposed to. According to the interviewees only 14% are
aware about the existing of these maps and are not knowledgeable about flood risk location
in general. In line with this, the familiarity with warning systems is important for creating an
environment in which evacuation could be an efficient procedure to undertake. According
to the results, 26.6% said that they are familiar on the proper sections and after an imminent
warning they know what to do. On the other hand, the remaining proportion of people are
not sure (33.8 %) or don’t know what do at all (32 %). The critical action to undertake before
an incoming flood event needs to be taken even at the household level. People need to have
sound knowledge of the location of valves for water, gas and main electricity supply and how
to manage them in order to keep the house safe. The 76 % of respondents know where the wa-
ter valve is, and 71.8 % know how to manage it. Concerning the gas valves, the 41 % of people
know the location and only 38.8 % know their functioning. At the end 72.5% know where the
main electricity switch is and 66.7% know how to treat it.
The results of chi-square test of independence show that there is a statistically significant
relationship between almost all of the variables selected and the socio-economic factors, the
demographic variable san dthe psycologicla ones (Table 1). Further analysis showed that men
in a higher percentage than women claim that they know what a natural disaster is, in fact in
slightly higher percentage than women (27.7 % vs. 25.3%) state that they have been informed
at school. Similar findings have been found for adults respect the younger individuals. This
is in contrast with the cross-tabulation with hazard education since the youngest are the one
that expressed a higher education to these events. What is interesting to notice is that young
people get educated even at a family level but this does not translate into a higher knowledge.
The interviewees with a University degree in highest percentage (31.6%) state that they know
what a flood is, unlike the citizens who have completed doctoral studies, i.e. the more educat-
ed category (0.5%), but no difference in education was found. Engaged citizens in the largest
proportion (30.6%) claim that they know what a natural disaster is unlike the citizens who are
singles or divorced. In addition, the power to be two individuals gave them the opportunity
to speak about floods being more self confidence about these events. When it comes to fear,
it was found that people who have fear of floods to a higher percentage (28%) respect pain-
less people probably on the grounds of the education they have received. The information
at household level has unfortunately been seen to be statistically correlated to fear. It seems
that exchange communication elnarge the burden of worry. Even income has been seen to be
a predictor of knowledge of floods occurrence. Low income people (up to RSD 50.000; 20.2
%) have lesser knowledge with respect to higher income people (above RSD 90.000; 35.4 %).
Unexpected interviewees with no past experience (62.6%) of floods know better these events
with respect to the ones who experienced such events (21.4%). The latter have been found to
be more informed in the family context with respect to the opposite group. The employement
status has been a predictor to the level of the information acquired at the houhold level. The
unemployed people are more informed about these evetnts. Education at work is statistically
significantly associated with all tested variables where men, adults, educated people, fearful
people, employed and with prior flood experience got the higher values.
Table 1. Results of the chi-square test of independence

Past
Marital
Gender Age Education Fear experi- Income Employ-
status ment
ence
Knowledge .000* .000* .000* .000* .000* .000* .000* .175
Education .347 .000* .003* .003* 0.263 .087 .000* .000*
Family education .085 .000* .000* .000* .012* .001* .162 .009*
Work-place edu- .000* .000* .000* .000* .000* .002* .000* .000*
cation
Knowledge of the
location of vulner- .249 .005* .060 0.07 .008* .338 .023* .011*
able people
Knowledge of risk .013* .000* .002* .002* .043* .234 .000* .562
maps
Familiarity with
official warnings .073 .000* .000* .000* .021* .000* .000* .027*
and related actions
*statistical significant correlation ≤ .05
Citizens aged 38 to 48 years in the highest percentage (45.9%) know where elderly, dis-
abled and infants live. Similar statistical correlation has been found from married couples,
more sensitive towards these fragile categories probably grounded on the comosition of the
household. In additon, fearful people feel more concerned about the actions and the location
around the more vulnerable in line with those that had previous experience. The correlation
with knowledge of flood hazards and the set of dependent variables had almost the same
results obtained for the knowledge of risk maps. Men (16.3%), citizens aged 58 to 68 years
old, those that feel worried about these events (15.3%) and the employed (14.7%) are familiar
with the risk maps. As expected past experience was the predictor of the knowledge of this
documents.
Finally, education on how to act after an official warning about the approach of flood
statistically significantly is associated with age, the level of education, marital status, fear of
disasters, previous experience, level of income and employment while there is no association
with gender. Adults are more confident on the actions to be underatken after a flood event
(44.7%) with respect to the youngest (21%). Low educated people have similar confidence in
line with sigle parents. It is probable that they have less responsibility for the preparing the
household in the mitigation and recovery processes. Again the fear and past experience of
floods is a proxy of a higehr level of knowledge about the actions in the aftermath a possible
occurrence.
CONCLUSIONS AND DISCUSSION

Regarding disaster risk reduction, schools should become increasingly important institu-
tions in creating and improving the safety culture in children and youth. But not only since
they provide the whole essential information and knowledge about disasters in the local com-
munity where students live. It can be said that the importance of school education on disasters
has risen sharply in the last decades, especially bearing in mind that children are the most
vulnerable people in the society.20 In this paper our findings highlighted the highest number
of respondents were educated about natural disasters at school, than in the family and the end
at work. School disaster education is very important and children who have been taught about
the phenomenon of disasters and how to react to those situations have proved to be able to
respond promptly and appropriately.21 Also, continuous community involvement is the most
important factor for school disaster education.22 Johnston and colleagues found that the tra-
ditional educational programs on natural disasters focused on passive information provide a
very low level of awareness and motivation of citizens to raise the level of preparedness for
response.23
In the moments before the arrival of the flood the highest number of respondents would
fill sandbags and the smallest nubmer would move their vehicles. Similar findings have been
found in Scotland.24 Regarding the actions aimed at preparing for a flood. They have evi-
denced that filled sandbags and locked doors were the most underatken measures underlin-
ing the place attachment and the unwillingess to evacuate or protect proper goods. Elderly
people and disabled are in many ways especially vulnerable to the natural disasters and have
specific needs in emergency situations.25 Our findings highlighted that less than half of re-
spondents know where elderly, disabled and infants live, while half of them know what assis-
tance is required by these categories of people.
The awareness of the possibility to get exposed to a flood threats plays an important role
in disaster risk reduction.26
The exposure to a threat plays an important role. In general, our respodents showed low
personal flood-risk and level of knowledge of floods what to do in the period before the ar-
rival of the flood wave. On the other hand, our findings highlighted that more than half of the
respodents know where and how to handle the water valve and the main electric switch is. But
less than half know where and how to handle the gas valve.
Community flood education is becoming an increasingly important flood mitigation and
disaster management mechanism.27 Citizens who are informed on time about the upcoming
natural disaster through the warning and notification systems will not feel such fear because
they know everything will go according to the pre-established procedures. 28 Besides fear,
knowledge, previous hazard experience and feeling of threat of those at risk are important
factors in the recognition of different risks.29 We found that men, engaged citizens, respodents
20 Cvetković, V., & Stanišić, J. (2015). Relationship between demographic and environmental factors
with knowledge of secondary school students on natural disasters., SASA, . Journal of the Geographical
Institute Jovan Cvijic, 65(3), 323-340
21 Shaw, R., Takeuchi, Y., Ru Gwee, Q., & Shiwaku, K. (2011). Chapter 1 Disaster education: an
introduction. In Disaster education (pp. 1-22). Emerald Group Publishing Limited.
22 Shiwaku, K., Shaw, R., Chandra Kandel, R., Narayan Shrestha, S., & Mani Dixit, A. (2007). Future
perspective of school disaster education in Nepal. Disaster Prevention and Management: An International
Journal, 16(4), 576-587.
23 Johnston, D., Becker, J., & Paton, D. (2012). Multi-agency community engagement during disaster
recovery: lessons from two New Zealand earthquake events. Disaster Prevention and Management: An
International Journal, 21(2), 252-268.
24 Werritty, A., Houston, D., Ball, T., Tavendale, A., & Black, A. (2007). Exploring the social impacts of
flood risk and flooding in Scotland: Scottish Executive Edinburgh.
25 Eldar, R. (1992). The needs of elderly persons in natural disasters: observations and recommendations.
Disasters, 16(4), 355–358.
26 Bosschaart, A., Kuiper, W., van der Schee, J., & Schoonenboom, J. (2013). The role of knowledge in
students’ flood-risk perception. Natural hazards, 69(3), 1661-1680.
27 Dufty, N., 2008: Ibidem.
28 Paul, B. K., Environmental hazards and disasters: contexts, perspectives and management: John Wiley
& Sons, Ltd, 2011.
29 Salvati, P. et al., 2014. Perception of flood and landslide risk in Italy: a preliminary analysis. Natural
Hazards and Earth System Science, 14(9), pp.2589–2603.
who have a fear of floods, higher income peple and unemployed in a higher percentage than
women, singles or divorcées, respodents who don’t have fear of floods, low income people
and employment claim that they know what a natural disaster is. To improve knowledge it is
necessary to raise awareness through campaigns, educational programs and strategies for all
citizens, especially women, citizens - aged 28 to 38 years, those who have completed doctoral
studies, singles, those who have fear, who have incomes up to RSD 50.000 and who have no
previous experience.
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impacts of flood risk and flooding in Scotland: Scottish Executive Edinburgh.
NEW TYPES OF THREATS AND THE CHALLENGE
OF SECURITISATION
Gyöngyi Major, PhD
Institute for Strategic Research, Budapest
[email protected]
Aleksandar Čudan, PhD
[email protected]
Abstract: This study focuses on the new types of security threats and the problems
around the methodology behind the potential reactions to them. It further discusses
the disputed aspects that are taken into account in the process of securitisation.
A central question of our investigation is how the objective aspect of security related
problems can counterbalance society’s subjective perception, which is to a large extent
shaped by public discourse. Many studies point out that one of the consequences
of securitisation is when freedom rights are unreasonably restricted due to the
application the “unusual mode of operation”. As the meaning of security is interpreted
only in an indirect manner, in the context of the existential threat, we must highlight
the importance of the detecting indicators and their selection.
The study will also examine a special feature of the security complex (which can be
interpreted as the complex derivative of the given threats), namely that it will/may
become a conflict complex due to the incompatibility of interests.
We will also deal with the spatial structure of complexes but, besides the system of
aspects of the Regional Security Complex Theory, we will emphasise the global
relevance of security challenges, pointing out the expressly global embeddedness of
the new types of threats (for example, security of resources, social problems, climate
and water security, the ease of manipulation of the biological foundations of life).
Keywords: securitisation, threats, complexes, global challenges, conflicts
INTRODUCTION: THE MANAGEABILITY

OF THE INTELLECTUAL UNIT OF SECURITY
The security concept, which is derived from the Latin “sine cura” (“without any concern”)
concept, has become a key element of international relations with a rather exact meaning:
interpreted in the context of state interest, it could mostly be associated with threats by and
the application and control of armed forces.
In the reality described by James Rosenau as the “turbulence model”1, the concept of se-
curity requires reinterpretation in several aspects. In the special “huge locality” context of the
1 Rosenau, 1990
368 Gyöngyi Major, Aleksandar Čudan
globalised world, speaking of security only in a geographical sense and context has become
an outdated idea.2 The problem is made more complex by the fact that, at the same time, the
importance of states does not decrease – on the contrary, “states that are inoperable or weak
may become the black holes of the international system, which absorb their environment and
might turn out to be the starting points of regional crises with global impacts.” 3
In the post-internationalist world4, the context of the geography-based reinterpretation
of power and security will become key and, as a result, not only the contents but also the
methodology of security policy will entirely transform5. Meanwhile, as regards the overall
picture, we can state that realistic endeavours are pushed to the background by postmodern
narratives.
“In essence, the already known constructivist epistemological shift (Luhmann) defines
security as a social fiction, which is not a political process, neither an objective, but a social
tool for the reduction of complexity. Methodology-wise, therefore, the socially constructed
concepts of security must be researched since these provide an interpretation framework for
the understanding of what society considers as a security problem.” 6
It is not unjustified to consider the dispute around the expanded interpretations of securi-
ty as one of the most exciting intellectual challenges of our days. In any case, the focus of the
discourse on broadening vs. narrowing is one of the key issues of the new world order.
The notion of ‘threat’ is assuming an ever softer nature ‒ besides high politics, low politics
is also fast gaining space and, in this context, the process of classifying a phenomenon as a
threat is becoming ever more exciting. What can be classified as a threat, and on what basis?7
The attention of security policy analysts must be turned from the mere observation of
threats to the questions of how, by whom, in what circumstances and with what consequences
certain issues can become security problems that can be construed as existential threats and
why other issues are not classified into the same category.” 8
According to the securitisation theory of the Copenhagen School, threats are constructed
in social communication – in essence, in speech acts – and then give rise to change in social
reality through the verbal space. This approach is significant in two aspects. First, we must
realise that for a speech act to be successful, the actor must fill in a social position from which
s/he can speak authentically. This usually requires a social position / status, but does not al-
ways require a power position. Having a position that legitimises the person to say “important
things” and also be believed is an indispensable element of the process of securitisation. 9
2 In this context, we consider it inevitable to refer to a study by Jean-Marie Guéhenno, in which he

interprets the changes that took place in the 1990s as a special “regional revolution” and, in essence,
discusses the crisis of the concept of security tied to geographical location. (Guéhenno, 1998 pp. 14-15 )
3 Kiss, 2006 pp. 214
4 Czempiel, 1999 pp. 244-245
5 In this context, reference must be made to a study of Kiss, who discusses the metamorphosis of security
in the context of the postmodern state. Kiss, 2006
6 Kiss, 2006, p. 227
7 The broadened interpretation of the concept of security has brought about the broadening of the
definition of the concept of threat: from a purely military interpretation, a more general definition was
offered, while security related studies continued to fail to offer an accurate definition of “threat”. It is
obvious that the primarily role of the concepts of “threat”, “potential threat” and “risk” is to express
the degree of threat – but this can be rather different in the different dimensions of security. We ought
not ignore the fact, which security issue journalists have been discussing since the 1960s, that security
can be approached in both an objective and a subjective way (“real threat” and “threat perception”,
respectively), and it is far from certain that the two approaches always exactly overlap. Gazdag-Tálas
2008, p. 8
8 Sietschlag 2006, p. 15
9 Waever, 1998
NEW TYPES OF THREATS AND THE CHALLENGE OF SECURITISATION 369
The position, thus, also assumes the capability to conspicuously embed the threat included
in the communication into both the past and the future: the threat may be authenticated by
being possible to associate with the experience from the past and with a dark “vision” outlined
on the basis of a forecast that is considered fair and reasonable for society. Par excellence, the
threat included in the speech act shows, for both the past and the future, that the exactness of
this problem can be attached far more to the successfulness of legalisation than its factualness.
At the same time, with regard to the complexity and heterogeneity of the problem of secu-
rity the identification of the interrelations connected to threats, there exists a determining and
universal starting point: to tie interpretations and identification attempts to the development
context; “to the danger that development will get out of our control.” 10
In this regard, it is especially exciting to examine the resilient nature of the security of our
turbulent world, since its twofold tension can be identified that exists between its load bearing
capacity regarding change (efficiency) and its struggle for survival or stability (persistence).
Consequently, all changes can be interpreted as threats that undermine the rules, norms and
institutions that maintain the current system, while development, by its nature, assumes that
these will be outdated – so, from a certain aspect, it is immobility and inability to change that
can be interpreted as threats.
Discussing this paradox becomes especially important when the political dimension of
threats and dangers is analysed. “The interpretation of political security is made rather com-
plicated by the fact that several features of sovereignty have taken shape in the 21st century. In
the European Union, for example, the sharing of sovereignty is common practice”11, and while
joint foreign policy has risen to a supranational level, real solutions to and proposals for crises
and threats are created mostly at the level of member states or, more accurately, cooperation
schemes between member states. The status quo of the EU clearly shows that the precondi-
tions of political integration do not exist and, therefore, the crisis has given rise to the shaping
and strengthening of political alliances/groups along local/national interests, and, as regards
integration, it is this very regression that appears as the most severe threat. Furthermore, ex-
citing issues arise as a result of the fact that the member states of the European Union show
an increasing willingness to strengthen resilience as their fostering resilience at the regional
level. The conflicts of interests between Brussels and the regionally organised member states
offer a rather rich portfolio of events that illustrate this argument.12
THE NEW CONTEXT OF PROBLEM MANAGEMENT:

REGIONAL AND/OR ISSUE-SPECIFIC APPROACH
The changes in the medium of the operation of security policy in the 1990s gave rise to
new conflict types and brought about changes in the forms of crisis management, power rela-
tions and orientation policies.
In the globalised world of our days, political and security policy conditions have changed
and, consequently, the identification of threats and dangers is possible only with a brand new
approach. First of all, completely new types of challenges are appearing13, and, as a result of
their interconnections, they can be interpreted in a unique complexity. They are intertwined
10 Kiss, 2006, p. 229
11 Tálas 2016, p. 7
12 Ugrin, 2017 SKI Manuscript
13 These new challenges include, besides migration, terrorism and organised crime, the maintenance of
the operation of the globalised financial structure, environmental security aspects related to globalisation
and, in the long term, climate change and its increasingly conflict generating nature.
they mutually amplify one another’s impacts – while these impacts often become directly per-
ceivable, through the operation of mass communication media. Another important feature of
them is unpredictability.
The new challenges, the changed typology, methodological forms and legal background
of crisis management require not only the identification of new topics and phenomena to get
to know but also the reinterpretation of our attitude to information – first and foremost the
availability of a system capable of properly selecting relevant and reliable information. Oper-
ation-orientedness is replaced by information-orientedness. (Laufer, B. 2010)
It is important, therefore, to identify and explore the quality related requirements which
those involved in security policy making and application must face in any respect. The biggest
challenges are the unidentifiability of the sources of threats and the inability to identify the ac-
tual nature of the given threat: it is often unclear what mechanism should be used to consider
something as an existential threat.
Moreover, “with these changed political and security policy conditions in place, the aims
of accessing and protecting information are no longer only to be secured against threats and
dangers but also to collect any and all information that has an impact on the country’s posi-
tion in any form and in any direction and is related to politics, security policy, military issues,
economics, finances, science, national security, internal security or other special fields and
– as a novel phenomenon – to control the gathering of experience, the quality of partnership
cooperation, the opinion of our partners about us and information about other areas, other
fields of international cooperation and to prevent any acts against the country’s interests”.14
Security policy becomes social practice in the interaction of actions and reactions. It is
an undisputable fact that governmental actors play the key role in shaping the security policy
agenda, their thinking is also shaped and they are forced to take into account general social
beliefs and to perform their speech acts in line with such beliefs. However, a new development
of globalisation – and Buzan et al focused on this in creating their securitisation concept – is
the fact that the position of states (and, generally, all the actors involved in this scenario) in
the network of interconnections to a great extent depends on the movement of other, external
players. The members of the system comprised of states are entwined in the network of the
interdependency of global security15, though the impacts and exposures are not equal.
Under normal conditions, the interdependence pattern of security is characterised by re-
gional division and the regional clusters that can be identified in this pattern are referred to
by Buzan et al as “security complexes”.16 The complex system of inter-state relations creates a
unique structure and dynamics, whose main feature is interdependence. According to the Re-
gional Security Complex Theory (RSCT), the regional security complex (RSC) is a group of
states that is maintained and kept together by a tight attachment that forms along their security
related problems as their group of problems cannot be interpreted and solved independently.
In the broadest possible context, the responses given to crises and their implementation
may seem far more efficient at the regional level17 than at the level of either the individual
14 Jávor, 2007
15 Buzan et al, 1998, p. 11
16 Buzan et al, 1998, pp. 11
17 In the broadest context, the example of the “Visegrád Four” in respect to regionalisation can be
considered as a model. New regionalisation attempts have embedded European integration into the
organic development process from the outset and continue on the same path in the deepening of
integration. (Ugrin, 2017 SKI Manuscript)
The integration of a regional level into the cooperation of member states is not merely a theoretical
scheme but is actually done based on existing practices, which are not far from the EU’s current policy.
The difference and novelty is that already existing regions get institutionalised within the structure of
the European Union.
states or globally. Although Buzan et al tried to get rid of the global analysis level – the uneven
and heterogeneous nature of global security complexes – and to differentiate the problem
sectors by regions18, the positions which raise doubt about the theory of Buzan et al on the
grounds that security complexes often go beyond the boundaries of a given region without
finally reaching a global coverage do not seem unjustified.
Such criticism seems justified even though it is undisputable that the role of regional
structures as a special principle of arrangement is becoming increasingly important in the
global-local (“globlocal”), especially because the big powers that can influence the security of
regions other than and falling outside of their own no longer want to play a role in all regions,
especially for economic and financial reasons. Thus, regions left alone can create their region-
al system and, as part of that, its security dimension on their own. In this respect, however,
attention should be called to two factors.
On the one hand, we must emphasise that, if performed only on the basis of geographical
location, problem management will be restricted. On the other hand, we consider that it is
essential to manage the conflict complex19.
The global-local (“globlocal”) dimension, “global heterogeneities” render possible solu-
tions more difficult to implement. New types of threats cannot be directly associated to a
geographical area: they appear with the same intensity crossing borders and boundaries. This
is exactly why we consider that it is essential to take an issue-specific approach.
Issue-specific security complexes are systems of actors, states and conditions that interact
along a given issue and, within these complexes, this system of interactions actually (i.e. in a
manner that can be proven with data) affects the existential security of the individual actors
(or at least of some of these actors).20
“The issue-specific security complex as an interpretation framework can be a significant
step forward in the discussion of problems that have (or seem to have) a security related na-
ture because it sheds strong light on the nature (and validity) of securitisation with respect to
different issues that are identified as threats.
It is a natural expectation of security policy makers to have, when talking about threats,
a clear picture of the source, carriers, limitations and coverage of the given threat, as well as
of the measures that can be considered optimal against the given threat at least in principle –
even if they cannot be taken at the given time. 21
COOPERATION AND/OR CONFLICT COMPLEX

„Politics is not a random process; there is an element of goal-directedness. Actors, individ-
ual or collective, subnational national or supranational (including transnational) try to attain
something. There is an everlasting effort to realize goals, to implement programs written in
a goal language, which leads to conflicts, including conflicts over the definitions of those pro-
grams.”22
Contemporary security policy thinking pays special attention to the conflict complex, which
can be identified in the area of interaction between the threat complex and securitisation.
18 Buzan et al (1998) distinguish five sectors: political, military, economic, social and environmental.
19 In essence, “each security complex is at the same time a conflict complex, i.e. an interrelated system
of the entirety of conflicts.” (Marton-Balogh, Rada, 2015, p. 71)
20 Issue-specific security complexes also contain the phenomenon of securitisation.
21 Marton-Balogh, Rada, 2015, p. 66
22 Johan Galtung, 2010 pp. 159
Along the so-called overspill effect of threats, the management of threats at the appropri-
ate level is becoming especially important – however, at the same time, the conflict of inter-
ests between the different actors is strengthening. Successful intervention, a key aspect of the
management of this problem, thus to a great extent depends on whether and how the different
aspects and calculations are taken into account.23
The three-dimensional approach to conflicts now qualifies as a classic approach: in es-
sence, a conflict can be interpreted and classified into the conflict typology in the synthesis of
conflict attitudes (cultural aggression), conflict behaviour (direct aggression) and the incom-
patibility of interests (structural aggression).
Professional literature usually identifies 6 conflict types in connection with security:
1. frontal conflicts – the type of the system of relations between actors which can range
from open threats to actual wars;
2. implicit conflicts – an actor wilfully puts negative security impacts on others (for
example, a denying support of terrorism by a country);
3. attribute or trust conflicts – mainly between partners, the lack of trust towards the
other and the fear from being abandoned;
4. cooperation-embedded conflicts – conflicts arising in connection with the sharing of
burdens related to security;
5. indirect conflicts – conflicts related to the negative externalities generated through the
creation of security (when an actor non-wilfully puts burdens on others).
6. epistemological conflicts – conflicts arising from a conflict of views related to security. 24
New approaches, which are inspired by economics and game theory, point out25 that the
basis of individual conflicts is the contradictory nature of the system itself – the world order
– since the vacuum that has formed partly as a result of the wanting regulation of globalisa-
tion related and transnational courses for movement and partly as a result of attempts made
to minimise the authority of the state is very deftly used by certain actors to capitalise on for
their own benefit26, as opposed to “security” that can be considered as a public good and in-
terpreted universally.27
Consequently, conflicts can less and less be considered anomalies, the clumsy behaviour
of backward regions which are left out of the globalisation of the world: on the contrary, con-
flicts are an organic part of the international environment. And the regional, international
and transnational dimensions of conflicts seem to justify the position that the management of
conflicts inside the state ought to be replaced with structural conflict prevention built upon
institutional solutions, both at the regional and at the global level.
“The postmodern world is walking on the path of state-weakening: a path that deviates
from the premodern one and is characterised by supranational integration, regionalisation,
mutual openness, intervention in one another’s internal affairs and the inseparability of for-
eign policy and domestic politics.” 28
23 And this is a rather complex task, since it is usually impossible to aim at making a large-scale and
ultimate compromise. „By doing so, we would practically automatically accept all interest declarations
as legitimate, which would be morally totally unacceptable. People tend to come up with unrealistic –
and, at the same time, morally also unacceptable – claims.” (Marton-Balogh-Rada, 2015, p. 79)
24 Marton-Balogh-Rada, 2015, pp. 72-73
25 See: Galtung, 2010
26 Many private actors of the world economy utilise the special economic opportunities offered by
conflicts, i.e. that in the circumstances of political instability huge profits can be made in a short time.
In her ethnographic research, Carolyn Nordstrom examined how conflict economies integrate into the
global shadow economy and, then, how the latter becomes part of the world economy. (2004, p. 11)
27 Primarily Deudney, 1990
28 Marton, 2006
In the behaviour of actors in conflicts, recent research has increasingly identified the be-
haviour and logic of homo oeconomicus29, which indicates that – besides communication and
cultural problems – calculations connected to the cost-benefit analysis are in the background.
“The actors of conflicts use their resources in an optimised way, create networks organised
around their power centres to acquire and distribute such resources, join conflicts and then
reshape them in accordance with their own interests.” 30
We must, therefore, highlight the change in the location of conflicts. In recent years, the
transnational structures that maintain the conflicts – mostly through the creation and sup-
port of the actors themselves31 – have gained increasing importance.
According to Friedmann, we can consider it a conceptual change that “conflicts can less
and less be seen as a sign of backwardness or some sort of anomaly, which does not fit into
the postmodern world order that is taking shape. On the contrary: they are a part of the new
order.” 32
Consequently, the elaboration of the new tools of conflict management will play a key role.
“The efficient operation of the security sector can be seen not only in that it provides stable se-
curity for the state and the people but also in that it is well organised. Under bad management,
the right of people, communities and the state to security is infringed, security institutions
will have a dysfunctional operation.”33
Professional literature distinguishes state-centred and civilian-centred security. These can
be measured with different indicators and indices34. Besides the traditional concept of the
security of the state, therefore, the doctrine has also created the concept of individual-centred
security. This is a security concept with a wider coverage than public security as it is also in-
clusive of the issues of human security.
„What we are saying is in fact just this: homo mensura, man is the measure of all things. But
this is not seen here as an abstract, value-loaded position only. It does not imply any rejection
of the obvious, that there are collective actors that do pursue goals seen as ”abstract”–in the
preceding paragraph–such as wealth, power, democratic organization of political life, socialist
organization of economic life. Nor is there any a priori rejection of the hypothesis that some of
these strategies may lead to human need satisfaction for people below the politicians directly
responsible for such exercises.” 35
In this respect, it could be important to work out and apply a research-based methodology
with indicators relevant for the measurement of governmental and intergovernmental perfor-
mance and efficiency. In the field of security related studies, we would like to encourage the
elaboration of mathematically manageable systems of indices, which are suitable for both the
subsystem-level and the complex analysis and measurement of security36.
29 „An important recognition of the new approach was that reference to the limitations of rationality
(e.g. the role of imperfect information) or irrational factors (e.g. ancient hatreds) does not offer sufficient
explanation for the formation and survival of conflicts.” (Friedmann, 2007)
30 Friedmann, 2007
31 Literature began to increasingly emphasise the importance of the regional level, while attempts
were being made at introducing a new concept. They included, among others, the following: regional
conflict-complexes, black hole phenomena, conflict groups, overspill or infection effects. With respect
to preference given to regionalism, reference ought to be made to the following works: Wallensteen,
Sollenberg (1998) and Buhaug: Contagion or Confusion?
32 Friedmann, 2007
33 Kis – Szenes et al, 2014
34 Schroeder, 2014
35 Johan Galtung, 2010, p. 160
36 Of the assessments that identify external security with military force, the Global Firepower (GFP)
index is important, which calculates countries’ traditional military power from 43 indicators, which it
uses to calculate a global power index (“PwrIndx”). By ranking the results, we get the list of countries
SUMMARY
This study uses the multidimensional security model of the Copenhagen School, and at-
tempts to present the conflict complex and its shifts toward cooperative multilateralism, in the
context of the updated suggestions of the discourse space.
In the framework of the broad interpretation of the concept of security, mentions are
made of the attempts at offering new definitions, which give a broader interpretation of ‘secu-
rity’ than that of public security and, as part of the effort to integrate human security issues,
encourage the application of the doctrinal and practical aspects of the further deepening of
the meaning of security, as well as its mapping onto the dimension of human rights and of the
operation of the rule-of-law state.
The importance of a uniform international methodology for the measurement of security
is also highlighted. As neither a uniform system of interpretation nor a uniform measurement
methodology has taken shape, research in this direction could have special importance. For
the assessment of the foreign and security policy activities of international organisations and
countries, scientific research support and the development and maintenance of databases are
becoming increasingly important. The shifting of the data coverage and assessment of organ-
isations dealing with statistical data processing towards security requires a proper intellectual
background and expertise. It must be emphasised that the “softer” the essence of the concept
of security becomes, the more important it is to strive for scientific exactness.
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ETIOLOGY OF MIGRANT CRISIS
Nenad Kovačević MSc,
Military Academy / University of Defense
Mitar Kovač full time professor, PhD
Military Academy / University of Defense
,,Аlarmed by the misery in which they were flooded with hope for a better future, run
the spirit of endurance and courage, these intrepid adventurers have become a deterrent. The
peaceful inhabitants of the countries where they hurried they could withstand a long power-
full people running so strong reasons.”
R. Malthus
Abstract: Migrant crisis, the result of a deliberate plan or set of circumstances, in any
case, it is an event that fundamentally earthquake richest union confederation today -
the European Union, but also all countries that are in the way of migrants. This paper
analyzes the causes of the most massive modern,, the migration of peoples” and its
consequences for the countries of the European Union and other transit countries.
Authors presented semantic analysis of linguistic phrases,, migrant crisis”. Special
attention is paid to events that are collectively referred to as,, Arab Spring”. This paper
presents the historical genesis,, the Arab Spring” and its impact on national security, the
countries of North Africa and the Middle East. As a direct consequence of ,,the Arab
Spring” in terms of security, is launching a multimillion wave of refugees to Europe,
which will lead to a migrant crisis, or to different reflection to the security of European
countries, but also transit countries (the countries through which the refugees had to
go to your goal). It turned out that the refugee columns epicenter of organized crime,
war, terrorism, and the social and political upheavals of the countries through which
they had on their way to go. The authors give a comparison of perceptions and migrant
crisis and its consequences by leading domestic and foreign theorists of globalization.
Keywords: etiology, causes of migrant crisis, ,,the Arab Spring”
INTRODUCTION
After the terror experienced during the two world wars, and the establishment of world-
wide organizations whose primary purpose is the construction and preservation of world
peace, the general opinion is that humanity ,,wised up” and finally went through respect for
,,the principle of peaceful coexistence”. However, we are still witnessing a permanent threat to
the fundamental rights to peace, freedom and protection of the territorial integrity and sov-
ereignty of individual states. In fact, it seems that all the efforts of the modern world in terms
of raising the level of international respect, tolerance and the spread of human solidarity was
in vain. ,,Migrations” as a leading geopolitician called migration of the population of some
countries of North Africa and the Middle East, the best proof of this assertion.
When a social anonymous, street vendor Mohammed Buazizi, burned in front of the city
hall in the Tunisian town of Sidi Bouzid (17.12.2010. year), no one could assume that his
protest, and his victim, actually represent a direct cause of a series of political protest which
will result in a shift of power in several North African countries, that is the beginning of the
378 Nenad Kovačević, Mitar Kovač
phenomenon ,,the Arab spring”. The consequences of this phenomenon are multiple and in
different spheres of life (political, sociological, security, economic) very influential and visible.
However, as a direct result ,,the Arab Spring” in terms of security, is launching a multi-
million wave of refugees to the countries of Western Europe, which will lead to a migrant
crisis, or to different reflection to the security of Western Europe (the ultimate objective of
refugees), but also transit countries (the countries through which the refugees had to go to
your destination). It has been shown that the refugee columns epicenter of organized crime,
war, terrorism, and the social and political upheavals of the countries through which they had
on their way to go. Also, in many of these countries refugees are perceived as a threat to the
economy, social stability and the health care system as far as to imply the growing hostility
of the local population and the rise of xenophobia, racism and strengthen the right-wing
movement. Consequently, many domestic (Z. Dragišić, D. Simeunović, R. Milašinović) and
foreign security scholars (B. Tamagno, E. Collet, D. Robinson), rightly considered migration,
ie,, migrant crisis” as the most important and largest of consequence,, the Arab Spring”.
The work is divided into two sections that give us a unique image of the phenomenon of
migrant crisis. In the first part the focus is placed on semantic analysis of phrase,, migrant
crisis”, while the second part refers to the genesis,, the Arab Spring” as a generator of migrant
crisis and its overall impact on the same.
SEMANTIC ANALYSIS OF PHRASE,, MIGRANT CRISIS”

The phrase,, migrant crisis” consists of two terms,, migrant” and,, crisis” with a different
meaning, whereby migrant has denotative and connotative role in crisis labeling. In order to
nominal definitions given term, it is necessary to first determine the meaning of the terms,,
migrant” and,, crisis”. Using correlative term for migration (immigrants, emigrants, refugees,
immigrants, migrants, asylum seekers) in everyday life is very common, and all the dates, in
principle designate persons living outside their home country. However, in order to define the
status of migrants in contemporary society, it is essential that more precise and more accurate
to determine the scope and content of those terms, but also indicate their distinctions.
Migration1 is the relocation of the population from one area to another, permanent or
temporary, regardless of whether it takes place within the boundaries of national territory or
between two countries. Domesticated side term migration to the more frequent use than the
domestic population resettlement, which means only a spatial displacement, migration and
the term is used only in the broad sense, in terms of changes of interest.2 Two basic types of
migration are: emigration and immigration, and the terms emigrant and immigrants are the
only persons who are in a particular type of migration.
Webster’s International Dictionary the term ,,migration” means to leave, or change of res-
idence from one place to another; for example, the relocation of individuals, families, com-
munities or tribes from one country or region to another. Also, migration is and periodic
relocation from one region to another for eating and better living conditions, which is the case
not only with people but also with animal species. Accordingly, the term “migrant” is defined
as an individual who migrates, or change the location of life.3 A more specific definition of
the term “migration” gives Milan Vujaklija, which under the specified term means removal
or eviction from the country. At the same time mentioned the term is also used to denote the
1 The word originates from the Latin word ,,migration”, we translated this word as a ,,moving”
2 Politička enciklopedija, 1975, Beograd, Savremena administracija
3 Webster’s International Dictionary, 1955, Second Edition, G&C Merriam Company, Springfield, Mass.,
USA, p. 1557.
ETIOLOGY OF MIGRANT CRISIS 379
set of all migrants from a country to live in another country. The term ,,migrant” (from the
Latin word ,,emigrants”) means a person who is moving out of the country in which he lived,
that may be called the immigrant, or the person who left the homeland for political, religious
or other reasons.4
Correlative term is a term refugees, which is the scope and content somewhat narrower,
whereby the term migrant appears as a general (comprehensive, expanding). Definition of
specifics reflected in the fact that the refugees forced to leave their country, while migrant
principle may voluntarily decide to leave the country for various reasons that do not involve
emergency. Thus, the term refugee is related to the political elements which comprise the face
persecution on religious, racial or political grounds.5
The division of migration based on the legal status of migrants can be: legal and “illegal”,
and regular and irregular. Illegal (irregular) migration is any movement of population from
one country to another, which is not in accordance with the applicable regulations of the
country origin and the country of destination, as well as stay in a country in contravention
of applicable regulations of that country. Illegal migrant foreign citizens who illegally entered
and/or come to another country (entering outside a border crossing, the entry of counterfeit
or otherwise illegitimate passport), but in order to stay or permanent residence. With this
term equates to persons who have legally entered the country, but after the expiry of the legal
stay that country never left. But according to current international regulations, illegal immi-
grant as a person who, for illegal entry into the country or the expiry of the visa does not have
legal status in the country of transit or country of residence. The term applies to migrants who
have broken the laws of the host country on entry of foreign nationals, asylum seekers without
legal grounds or any other person who is not entitled to stay in the country concerned.
Despite the fact that there is no universally accepted definition of migrants at the inter-
national level, the term migrant is usually used to refer to those persons who migrate freely
because of “personal convenience” or so-called voluntary migration. It means the absence of
any external intervention of factors which can’t be resisted. This is certainly not to be reck-
oned tourists.6
Seekers, and asylum seekers, the terms are often used in correlation with the terms mi-
gration and migrants. The word ,,asylum” for its origin is actually two Greek coins expression
asylos - unrobbed or inviolable, and asula - robbing the temple, consequently, the term rep-
resents a safe haven, a sanctuary, a refuge for accommodation and living of the poor and per-
secuted. In short, under the asylum may be considered inviolable place where the persecuted
seek refuge. A person who has obtained refugee status should not be prosecuted for their
political activity in the country that gave him hospitality, and can’t be extradited to another
state for criminal prosecution or enforcement of penalties.7
There are two types of asylum such as: territorial and extraterritorial. Territorial asylum
implies the right of individuals to reside in the territory of the country that has provided ref-
uge and the right to refuse his extradition. Exterritorial law, the term more commonly known
as diplomatic asylum may be granted in the premises of a diplomatic mission in the country
where a person is exposed to persecution or war ship that gives the state asylum.
In ancient Greece the word,, crisis” (κριςις) meant,, judgment” or,, decision”, that is the
decisive moment trier of further positive or negative development. In Mandarin language
4 Vujaklija M., 1980, Leksikon stranih reči i izraza, , Beograd, Prosveta, p. 279.
5 Evans, G., Newnham, J., 1998, The Penguin Dictionary of International Relations, London, Penguin
Books, p. 242.
6 Mijalković, S., Žarković, M., 2012, Ilegalne migracije i trgovina ljudima, Beograd, Kriminalističko-
policijska akademija, pp 16-17.
7 Vujaklija M., 1980, Leksikon stranih reči i izraza, Beograd, Prosveta, p. 37.
symbol for crisis includes characters that mean,, danger” and,, opportunity”, due to which it
is interpreted that the crisis has both good and bad (which is incorrect because the experts in
the Chinese language translations of this symbol as a chance to happen hazard). The crisis is
defined as a significant unfavorable situation that occurs sudden emergency event and brings
negative results. Although one of the main characteristics suddenness crisis, the crisis is often
not unexpected, mainly because there are certain indicators that warn of possible crisis. The
crisis should not be seen only from the point of possible danger and damage, but also from the
standpoint of utilization of potential opportunities. In the circles of American theoreticians
crisis is a critical incident involving death, serious injury and threat to human life; damage to
the environment and animals, property and data of an organization; disruption in the execu-
tion of operations and tasks; threat to the mission by the end executed. Based on the above
contents and executed distinction can be drawn following definition of crisis: in the event that
a particular activity causes different psychological and social difficulties. Most organizations
and institutions are not designed to predict the crisis or that they effectively managed. It is
important to note that none of the forms of the crisis can’t be viewed in isolation. They are
interdependent and have the property enhancement (synergies).8
In the case of migrant crisis, we have a situation that the migration of several million in-
habitants of the countries of North Africa and the Middle East in a very short period of time,
the event (,,critical incident”), which has provoked a number of different aspects of the crisis
to the fullest and richest economic confederal organization in the world (European Union),
but also in countries that were included in the route for migrants. In fact, migrant crisis is one
name for more forms of crises in which they find any of the European Union (EU), as well as
transit countries (humanitarian, health, political, economic, security forms of crisis).
,,THE ARAB SPRING” AS GENERATOR

OF MIGRANT CRISIS
When Tunisian Mohammed Buazizi burned himself everybody thought that was protest a
desperate against violence and corruption of the police and local authorities, it is considered
,,steep incident” (the phrase used by Hans Toh), sudden event for himself tied rage army
disenfranchised people. This act was seen as a symbol of the necessary fight against social
injustice, but also as a direct cause for collective action that will lead to social and political
changes, ie ,,wave revolution” that began to completely change the socio-political structure
of certain countries in North Africa and the Middle East. ,,Wave of revolution” that began in
Tunisia, very quickly transferred to other North African and Middle Eastern countries, and
collectively referred to as - ,,the Arab Spring”. ,,And when that happens, the situation is essen-
tially harmless transmits the time and place for the destructive retaliation, and the incident
of violence gigantic”.9
The very next day, 15.12.2010. year, they began to mass protests and clashes with police
in Tunis, their product expulsion president of Tunisia, in less than a month. After Tunisia, a
wave of protests spreading to Egypt, and in just two months, repeating the same scenario. Next
country is Libya, where protests are starting three months after Egypt. In Libya, protests in-
stantly grow into armed rebellion and then into civil war with a foreign military intervention,
after which toppled the government of Muammar el Gaddafi. Protests against Gaddafi began
15.02.2011. year. After the eight-month civil war and a seven-month intervention, Gaddafi
8 Popović, Ž., Kovačević, N., Krize i krizni menadžment, Prijevor-Čačak, DQM 2016, june 29-30., pp
553-560.
9 Toh, H., Nasilnici, 1978, Beograd, Prosveta, p. 281.
was captured and killed 20.10.2011. year. Five months after the beginning of Libya protests
in Syria, a very fast and civil war in this country, which continues to this day. Eleven months
after the incident,, precipitous” in Tunisia, Yemen’s President resigned.
The protests were quickly transferred to the Jordan, Bahrain, Algeria, Iraq, Morocco, Ku-
wait, Lebanon and Oman, but their impact was heard, and in Sudan, Mauritania and Saudi
Arabia. It looked as if ,,wave of democratization”10 swept the coast of the Islamic world, but
the fight for change that began under the name ,,jasmine revolution” moved quickly spiral of
violence in which they are involved, many countries and led to the outcome that promises
transition to democracy or is deposited on indefinite period, and in many respects relativ-
ized the importance of initial success, but the changed security environment in Europe. The
only country in the region in which peace in Algeria. This is a very specific if you take into
account the fact that it is a country with a fragile political stability, and it’s territories, which
has a major problem with Islamists and Islamist terrorism for over 20 years11, and that it was
the Algerians other nation (after the Egyptians) at numbers in the membership of Al Qaeda.
Outcomes of ,,the Arab Spring” are different: (1) in some countries, the military and police
crushed protests (Judicial Arabia, Bahrain); (2) in Morocco, Jordan, Qatar, Oman and Leb-
anon, there was a political change that met the requirements of demonstrators; (3) in others
there has been armed conflict (Yemen, Iraq) and civil war (Libya and Syria); (4) in the coun-
tries where the protests first began there have been elections and a change of government (Tu-
nisia and Egypt). Then came the return wave of,, old regime” (Egypt), civil wars and foreign
intervention (Libya and Syria) and brutal Islamism prone to terror and terrorism (embodied
in the Islamic state), which is installed by instability in the region and led to a large number of
casualties, refugee waves, economic and demographic decline in the region.
With regard to safety, allocate the following consequences of ,,the Arab Spring”: (1) the
announcement of democratic elections; (2) the fall of longtime dictator regimes; (3) to de-
stabilize countries in the region; (4) the occurrence of permanent armed conflict and (5) not
solving the problems that have initiated a ,,the Arab Spring”. All of these consequences have
encouraged the development of Islamism (as a generator of terrorism indicate by Islam), and
the last three the emergence of migrant crisis, which also pose a security risk, a threat or a
challenge for many countries in North Africa, the Middle East and Europe. From the aspect
of security of the European countries most important products of,, the Arab Spring” is: ter-
rorism and migrant crisis. Those consequences can’t and must not be considered separately
for the following reasons: (1) the beginning of the migrant crisis is inextricably linked to the
calculation of the terrorists organized in the Islamic state with its indifferent ,,brothers in
faith”; (2) migrant routes are also the ways terrorists in European countries; (3) The actions of
terrorist cells in Europe worsens the attitude of European citizens towards migrants and mi-
norities originating in the African and Middle Eastern countries, which reinforces religious
and racial divide in European societies; (4) of this division are opportunity for terrorists to
recruit new terrorists.
Terrorism and migrant crisis are now the two biggest risks and/or threats to the security
of European countries, but for all the countries of the ,,Old Continent” essence of security
challenges with which they are closely related, and certainly more profound: the political and
social issues for Europe, including as appropriate and the following: (1) the rise of extrem-
ism; (2) the inefficiency of the EU institutions in addressing migrant crisis; (3) deterioration
of relations between EU and the countries of the Arab world.
10 Hantington, S., Treći talas, 2004, Beograd, Stubovi Kulture, pp 39-40.
11 1990 Algerian Armed Forces prevented the arrival of Islamists to power - political party ,,Islamic
Salvation Front” and in 1993 they founded the terrorist group GIA, from which will emerge in the late
nineties branch of Al-Qaeda - GSPC. It is estimated that in the period from 1993 to 2009, the terrorists
executed about 100,000 inhabitants of Algeria.
But part of theorists believes that migration is only one of the new weapons for waging the
armed conflict, and migration are just a modern concept,, hybrid warfare”. It is believed that
the migration is only one of the ways or methods (in addition of,, the Arab Spring”) achieving
greater geopolitical goals of global and regional powers. In addition, cited the threat of Libyan
leader Muammar el Gaddafi in 2004, 2006, 2008 and 2010, EU leaders. In fact, Gaddafi then
claimed that make Europe,, black” (in the context of forced arrival of a large number of Arabs
in Europe) if they fail to meet its requirements. That migrations are orchestrated and that can
be controlled demonstrates agreement between the EU and Turkey on migrants (agreement
entered into force on 20.03.2016. year). Under the agreement the EU has pledged to ,,speed
up” Turkey’s EU accession process and Turkey will donate EUR 3 billion, while Turkey has
pledged to keep about 2.7 million refugees (that number was in time of agreement) on its
territory and to receive part of migrants who will be returned from Greece.12
In support of this theory is the fact that migrants from disadvantaged areas do not go to
the rich countries in the region such as, for example: United Arab Emirates, Saudi Arabia,
Jordan and Qatar, but only to EU countries. On the one hand as if directing ,,the migration
of peoples” outside the territory of North Africa and the Middle East deliberately going to-
wards the creation of a permanent conflict areas, which is a leading American theorist of
globalization, Zbigniew Brzezinski, long designated as regions ,,geopolitical earthquake and
instability in the future”. On the other hand there is the theory that the USA wants migrants
exert further pressure on,, unsafe” partners in the EU and that migrant crisis weaken its eco-
nomic and thus political power. Therefore it is logical that the majority of migrants wishing
to settle permanently in two economically and politically most powerful countries of the EU,
Germany and France.
Theorists of globalization (Kennedy, Habermas, Mandelbaum, Held, Pečujlić, Milašinović)
believe that the migration of a logical sequence of events of the globalization process, and that
the demographic imbalance and inequality of life chances (security landscape risks that are a
direct product of globalization), comb their cause. Also, for evaluation and that the 21st cen-
tury will be the century of ,,migration” a stand in favor of the fact that at its beginning there
were more immigrants than ever before in history, unlike the 20th century, which was largely
characterized by refugees as carriers of migration processes. Then the refugees from the former
Yugoslavia and other crisis areas have launched the process of migration, which is still topical.
The demographic imbalance between rich and poor will result in a wave of migration to
each other, and today’s disturbing social and racial reactions may be small in comparison with
what is happening in the world with eight or ten billion people. Explosive population growth,
while reducing resources in underdeveloped countries and developing countries, in addition
to the risk of internal migration and the various non-violent and violent conflicts has led to
mass migration to other countries and regions. The most important reasons for the great
migrations of the population are economic decline and environmental degradation, followed
by cultural, ethnic and religious antagonisms and conflicts and political conflicts, instability
and wars. In other words, the chaos started on the outskirts of the millions of poor, disenfran-
chised and vulnerable to looking for the optimal and safer living conditions leave the home
country. Therefore, some authors believe that the increased number of refugees seriously un-
dermines the security of states and qualify them as a direct threat to security. Therefore, Poll
Kennedy warns:,, If the developing world remains trapped in poverty, then you will find the
developed world before the onslaught of tens of millions of migrants and refugees, resolved to
settle in prosperous democracy or the elderly population”.13
12 Greenhill, M., K., 2016, Migration as a Weapon in Theory and in Practice, Military review, Nowember-
December, pp 27-36.
13 Stojanović, S., Globalizacija i bezbednosne perspektive sveta, 2009, Beograd, Vojnoizdavački zavod,
pp 127-129.
CONCLUSION
We are witnessing a massive and complex migration, which is probably not seen since after
the Second World War. Among these people are refugees fleeing from war-devastated Syria and
northern Iraq, as well as economic migrants. What these people have in common is the search
for better and safer living conditions. Despair presence of a large number of women and chil-
dren, at risk of becoming victims of wide spread criminal networks has completed the picture. A
growing number of migrants since start of the “Arab Spring” seeking asylum in the EU. In this
paper, the existence of several starters (generator) of migrant crisis has been present. We have
found that migrant crisis actually started in 2011, but its intensity is received in the summer of
2015, when it was the culminating point of the crisis. We pointed out the consequences of the
crisis on migrant transit countries, but also on the theory of the origin and further development
of the migrant crisis, based on the forecasts of leading theorists of security.
It is important to point out that the EU has regarding the migrant crisis manifested com-
plete unwillingness and a high degree of disorganization, and even too much surprise and
some EU member states even panic in the face of a migration wave. It also showed that he
could not reach consensus on important issues such as a common migration policy, which,
in addition to crisis management, included the performance of a common foreign policy di-
rected to the stabilization of the political and security situation in crisis regions and their sus-
tainable economic development. Therefore, we should expect the continuation of migration
pressures, primarily in the region of the Southeast Europe and in the years to come, given that
the instability of the region of the Near and Middle East and North Africa for certain. The rel-
atively small and underdeveloped countries in the region are not in a position to significantly
influence the migration flows crisis, but are in a position to create conditions for the safe and
dignified room for migrants on their way to the countries in which they will seek asylum in
accordance with the provisions of international and national law.
REFERENCES
1. Evans, G., Newnham, J., 1998, The Penguin Dictionary of International Relations, London,
Penguin Books
2. Greenhill, M., K., 2016, Migration as a Weapon in Theory and in Practice, Military review,
Nowember-December
3. Hantington, S., Treći talas, 2004, Beograd, Stubovi Kulture
4. Mijalković, S., Žarković, M., 2012, Ilegalne migracije i trgovina ljudima, Beograd, Kriminal-
ističko-policijska akademija
5. Popović, Ž., Kovačević, N., Krize i krizni menadžment, Prijevor-Čačak, DQM 2016, june
29-30., pp 553-560.
6. Politička enciklopedija, 1975, Beograd, Savremena administracija
7. Toh, H., Nasilnici, 1978, Beograd, Prosveta
8. Vujaklija M., 1980, Leksikon stranih reči i izraza, Beograd, Prosveta
9. Webster’s International Dictionary, 1955, Second Edition, G&C Merriam Company, Spring-
field, Mass., USA, p. 1557.
SECURITY ASSESSMENT
- COUNTERBALANCE SECURITY CHALLENGES,
RISKS AND THREATS
Zeljko Nincic, Ph.D. Research Associate
Ministry of Internal Affairs of the Republic of Serbia, Belgrade
[email protected]
Abstract: Human history represents permanent men aspirations to protect and develop
their own values and the values of the community in which they live, in conditions of
continuous confrontation with the different forms of endangering physical, economic,
cultural and any other integrity. Identification of destructive phenomena, analysis of
strength of their negative influence, as well as the ability of predicting the development
and actions of such phenomena in the future, are of crucial importance for adequate
society reaction on preventing and minimizing their negative functioning. In that
sense, the security assessment is imposed to be the key factor on the basis of which are
reactions of security system of every society planned.
Bearing in mind the actuality of the problem, the paper highlights the problem of
universal defining the security assessment and indicates the terminological difference
and the difference of the impact level that security challenges, risks and threats have
as the security factors. The functions and the basic elements are especially considered.
Special attention is paid to methodology and specificity of security assessment
building, with special emphasis on its importance as a document.
Key words: security assessment, security challenge, risk, threat.
INTRODUCTION
Mankind has been making an effort for centuries to secure “environmental climate” in
order to timely identify the phenomena which are causing damage to them by their char-
acteristics, intensity and mode of operation, as an individual but also to the community of
which they are part. The need for survival and development is closely associated with creating
conditions which ensure the protection of all the values on which depends their biological
and overall social development. Security or the safe environment, as the main prerequisite
for the protection of certain, life-necessary values, is a common denominator of those human
aspirations.
Certainly there is no scientific field which, in a certain way, does not mention, or does
not study the concept of security. Such a wide field of term use, attempts to define in same or
a similar way, makes it more difficult. This basically means that security is not a term that is
universally determined in theory. Differences in defining are conditioned by a multitude of
synonyms for security, but also by what is taken as the basis for the defining or which social
area is required (human security, technology, IT...).
386 Zeljko Nincic
Most authors start from the question if those terms security and safety synonyms or not.
On the basis of many semantic and lexicographical analysis, it can be concluded that the term
security is used, in particular, to refer to the condition of a subject (individual, group of peo-
ple, community, institution), which is characterized by an absence of trouble, care, accident
risks and other ills. On the other hand, it is more than obvious that there are many synonyms,
such as safety, ensuring, protection, endangering tranquility, sheltered, protecting. However,
none of these terms is an absolute synonym for security. Most of them have broader meaning,
so only one part of them can be considered a synonym. Although it is same when it comes
to the term safety, it should be noted that the term safety is a complete synonym for security
and therefore it is mostly used, but also gives users the ability to separate terms such as state,
national, international and other securities from terms such as legal, social and other safety
relatively easily.1
Security is most often interpreted on the basis of the supposition that is certain state,
organization, function or system, or all these terms together.2 In the objective sense, security
is the absence of threats to the adopted values, while in the subjective sense is the absence of
fear that those values will be endangered.3 It (security) can be defined as a state of any subject
or object which normally and relatively smoothly exists and acts, or it is not endangered by
some serious and grave dangers.4 If there is no danger, there is no need for security, while oth-
erwise any value (object of the security) can be in a danger. Value is an ideal form of certain
objects (objects, acts, the contents of consciousness) attached by people and which consists of
making them more desirable to men, because they are used to improve their lives and people
enjoy them.5
Security and danger are multiple meaning terms, but terms of distinct interdependence
as well. One acceptable approach for a precise definition of these terms and understanding of
their interdependence are the answers to the questions: What are we securing, defending, pro-
tecting or saving? (Values - security object); Who (why and how) protects security object? (Man
as an individual, an individual or as a member of the collective, that is the subject of security,
and is protected by taking appropriate activities, because it is a condition of its survival and
sustainable development) and From whom (or what) are we protecting the object of the securi-
ty? (From someone or something that endangers or may endangers its security - subject or the
source of danger). Security is a condition of someone who is not endangered, where danger
to their physical, mental or property integrity is absent.6 The danger would, in that sense,
represent the form or the ability of something or someone to potentially cause damage. This
damage can be caused by the intention of the man, their accidental actions or natural disasters
and events that are not possible to be controlled, such as for example, a natural disaster.
The existence of certain values important to the man and the community in which they
live, on the one hand, and the various phenomena and activities aimed at endangering them,7
on the other hand, quite naturally impose the need to protect these values. In order to achieve
this, it is necessary to have an appropriate assessment, which includes an analysis of possible
forms of endanger, directions and intensity of their action, possible adverse effects and their
sizes, but also “seeing” of their negative effects in the future. In this way, preparation of the
1 Ilic, P., Semantic- lexicographical aspects of the term security, Military act, Belgrade, no. 3, 2011, p. 99.
2 Simic, D., Science of security, Official Journal FRY, Belgrade, 2002, p. 29-30.
3 Glossary of the security culture, Belgrade, Center for the civil-military relations, 2009, p. 14.
4 Ilic, P., About defining and definitions of national security, Military act, Belgrade, no. 2, 2012, p. 125.
5 Lukic, P., Social lexicon, Modern administration, Belgrade, 1982, p. 121.
6 Mijalkovski, M., Djordjevic, I,. Risk – specific form of security endangering, Belgrade, Military act,
no. 1, 2010, p. 284-285.
7 Endangering represents every case, phenomenon, violent operation of man, nature or technical
medium whose operation is sudden (unexpected), takes place at different times and causes different,
harmful effects on people and property.
SECURITY ASSESSMENT - COUNTERBALANCE SECURITY CHALLENGES, RISKS AND THREATS 387
entire security system for an adequate response to all forms of threats is made and that is pro-
viding a reduction of their negative effects.
PROBLEM OF THE UNIVERSAL DEFINING

OF THE SECURITY ASSESSMENT
In general, the term assessment represents the process of determining the value of some-
thing, the value of some area of the life and activity.8 It is used to denote a particular opin-
ion or judgment about the forms or values, or about something that can be significant for a
particular area of life and work. This is a special way of explaining certain phenomena, by
considering various internal and external connections and relationships.
In terms of security, the assessment represent an analysis of certain factors which, indi-
vidually or together, affect the level of security in particular communities or society, but also
an analysis of the readiness of the system and security services to confront the endangering
activities.9 Its purpose is to identify the destructive phenomena, determining their intensity
and directions of action, on the one hand, and to adequately assess their development and
possible situations in the future, on the other hand.
However, the definition of security assessments in one, universal way imposes a number
of problems. The main problem is the method of identification and understanding of the
dynamics and importance of connection of security phenomena. Also, the problem is the dif-
ficulty of the assessment of complexity (including positive and negative) feedback processes
that enhance or amortize the effects of certain changes, but also different perceptions of the
same threat due to cultural, historical and strategic reasons. In the end, it inevitably affects the
rationality of decisions or priorities that are defined by such decisions.10
According to one view, the security assessment is the phrase of the terms security and as-
sessment. By their joining and queuing in a hierarchically logical sequence, we get the mean-
ing of the phrase that reflects its substantial semantic and syntactical character. It follows
that the assessment is a process of thought and practical activities in which, on the basis of
verified and processed data and facts, with the usage of scientific methods make conclusions
about the subject of assessment.11 It is a set of conclusions that were created using the relevant
scientific and operational methods in order to obtain data, indicators and information on all
aspects of security vulnerability of specific human, material and natural resources and infor-
mation on defense and security capacities and capabilities of the society.12 This is a special
type of explaining the security phenomenon, because it does not stop to explain the cause
and effect connections in the phenomenon and the phenomenon with the world. In it, we try
to explain other internal and external links of the certain phenomenon, but also the attitude
and the strength of these connections and relationships that direct occurrence in a certain
direction and affect its character, manifestation forms and the consequences it causes.13 It is
interactive and logical linking of certain facts and knowledge about certain phenomena in
order to acquire knowledge about the possibilities and probabilities of danger, possibilities
8 Serbo-croatian dictionary ,Matica srpska, Novi Sad, 1973, p. 265.
9 Djordjevic, O., Security lexicon, Partisan book, Belgrade, 1986, p. 299.
10 Dupont, A., Assessing National Security Risk in Complex, Interdependent World, Centre for
International Security Studies, University of Sydney, 2012.
11 Milosavljevic, B., Theorical basis of the security assessment, Belgrade, Military act, no. 2, 2012, p. 141.
12 Stojkovic, B., Methodology of assessing challenges, risks and threats for needs of strategic management
in security area, Belgrade, Security, no. 3, 2013, p. 37.
13 Markovic, B., Theory of security with methodology of researching security phenomena, Yugoart, Zagreb,
1988, p. 280-281.
388 Zeljko Nincic
of its prevention and the reduction or elimination of damage.14 As an analytical process, it

represents another comparison of the total destructive phenomena - endangering subjects,
ways of expressing, probability of operation or the possibility of its own system to prevent (or
minimize) the harmful consequences.
The main value of the security assessment is that it represents a mechanism for defining
the important fact in determining a decision, or it can minimize uncertainty expression of
certain destructive activity. It is made for the timely planning and taking measures against any
form of security endangering or prevent the destructive effects that may impair state security.
Under the concept of the security situation, it should be understood as: the usual condition; a
condition that does not have the characteristics of ordinariness, and as such represents some-
thing special, specific, unusual; the occurrence or existence of such circumstances (causes or
possible causes), which represent a real danger that a common, desirable or acceptable condi-
tion may be, in the real world, violated and to cross from one to another, in particular state.15
In this regard, the identification of potential challenges, risks and threats, which can lead
to the distortion of one ordinary condition, is a prerequisite for planning adequate response
of the entire security system. In this way, by the real valuation of their possible impact, it is
contributed to preventing and reducing the negative consequences of such a thing.
SECURITY CHALLENGES, RISKS AND THREATS

-SECURITY ENDANGERING FACTORS
Security challenges, risks and threats and their identification and analysis of potential they
have are made in accordance with the term denomination and the influence they may have
on the security situation. These terms, generally, in modern conditions occur as synonyms for
the earlier term “factors endangering the security”, which has been used for everything that
in any way has affect not only on people, but also on the social, natural and other phenomena
and on those with common classification to those who have a positive and those that have a
negative impact, who hinder, endanger. However, security challenges, risks and threats, can-
not completely be synonymous with that term, for two reasons: due to the fact that phrase
“security challenge” does not mean only the negative factors of security, but also positive ones
and because in this phrase there is no clear demarcation of the factors and actors compromis-
ing security.16
However, bearing in mind that the aforementioned terms already used, both in the sci-
entific literature and in the highest documents of security nature, it is necessary to draw at-
tention to their distinction. The reason is the fact that they form the basis of making security
assessments, therefore their unpredictability and the ability of their applications to one or
more different levels, requires a precise conceptual definition.
The challenges are possible, potential forms of threat to the stability and sovereignty of the
state and the identity of the individual and the state. They are a source of risk and threats and
their breadth of influence stretches through military, political, economic, social and environ-
mental dimension of security. Their value is initially neutral on the survival of the state and
society and, depending on the response to it, can have a positive sign (in the dismissal), or
negative (in further grading of the risks and threats).17 This is a potential danger to the object
14 Djordjevic, O., Security lexicon, Partisan book, Belgrade, 1986, p. 300.
15 Kostic, S., Basis of the criminalistics operatives, 1st part,VSUP, Belgrade, 1977, p. 191.
16 Ilic, P., Security challenges, risks and threats or security endangering factors, Law themes, Novi Pazar,
1st year, no. 2, 2013, p. 48-49.
17 Orlic, D., Term determination of challenges, risks and threats in process of changing the international
(protected value), or condition that precedes the threat, and the threat is materialization of
the challenge.18 Challenges mean the specific activity, a process, a phenomenon, or a specific
case, which by their nature, dynamics, or the potential energy can, in certain circumstances,
change or influence the changing of certain conditions, beliefs, needs, interests and the like,
and initiate concrete actors to a certain reaction as a concrete response to this challenge.19 It
is about phenomena whose harmfulness and certainty of occurrence of the real or at least
probable. These are disturbing phenomena with the highest level of generality and the lowest
intensity of direct destructiveness.20 Identification criteria of challenges may be represented
by: probability of occurrence; comprehensiveness; multi directions; negative or positive direc-
tions; capacity of challenges (according to their negative aspiration) to grow at risk; likely to
manifest adverse impacts.21
Unlike challenges, the risk is the mismatch between the purposes, which is identified by
interests and goals, and resources, which are shown by the available resources.22 Those are
closer, more visible and more clearly measurable forms of endangering the sovereignty and
identity of the state and society. They are sources of security threats, and the breadth of their
impact has clearer forms.23 The risk can be explained as a potential loss of human life, changes
in health status, threat to life, property and services, therefore, everything that could lead to
an individual, a community or society as a whole is at risk due to the impact of natural, tech-
nical-technological, criminal and other dangers that endanger the lives of people, properties,
the basic human rights and more.24 When we talk about the risk it is up to a failure to achieve
the strategic goal with the eligible costs.25 That is the potential for damage to national security
in combination with the probability of occurrence and the measurement of consequences.26 It
is a specific form of danger because it is inherent to the subject of the danger and the subject of
security. This duality stems from the fact that the subject of danger and the subject of security
exist in an uncertain security environment and continually make decisions about their own
engagement, and every decision is fraught with certain risk.27
Security threats are specific phenomena whose appearance is at least uncertain, and their
harming effects are undisputed and the greatest. They are phenomena where a specific endan-
gering security factor attacks values of specific object. The most dangerous are armed aggres-
sion, military intervention, armed rebellion, economic sanctions, subversive acts, terrorism
and organized crime.28 It is any indication, circumstance, or case, which has the potential to
cause loss or damage of the protected values.29 It is about the intention of causing the specific
damage or penalty, indication that something close, unwelcome and uncomfortable is com-
security, Belgrade, Military act, no. 3, 2004, p. 92-93.
18 Mijalkovski, S., Djordjevic, I,.Uncatchable of the national power,Belgrade, Official Journey, 2010,
p. 166-167.
19 Bajagic, M., Basis of the security, Criminalistic-police academy, Belgrade, 2007, p. 130.
20 Mijalkovic, S., National security, Criminalistic-police academy, Belgrade, 2009, p. 127.
21 Tatomir, D., The assessment of challenges, risks and threats of Republic of Serbia in function Serbian
Army usage, Belgrade, Military act, no. 2, 2009, p. 101.
22 Kekovic, Z., About the Plan of national security of Republic of Serbia – Critical contribution to
discussion, Military act, Belgrade, no. 2, 2009, p.101.
24 Kekic, D., Milasinovic, S., Mladjan, D., The usage of reduction concept of security risks in education
institutions, In: Security risks in education institutions, Faculty of security, Belgrade, 2012, p. 105.
25 Holcomb, F. J., „Managing Strategic Risk“, in The Army War College quide to national security
policy and strategy, Carlisle: US Army Colegge, 2004, p. 119.
26 DoD (Unite States Department of Defence), National Defence Strategy, 2008a, Washington, DC, p.20.
27 Mijalkovski, S., Djordjevic, I,.Uncatchable of the national power,Belgrade, Official Journey, 2010, p. 170.
28 Mijalkovic, S., National security, Criminalistic-police academy, Belgrade, 2009, p. 127.
29 Kesetovic, Z., Crisis and managing crisis in education institutions, In: Security risks in education
institutions, Faculty of security, Belgrade, 2012, p. 41.
390 Zeljko Nincic
ing, carrying direct negative consequences.30 It is a deliberate attempt to cause damage to an

entity, property or right, so object of the threat can be forced to fulfill the imposed behavior.31
It is about clear, predictable and certain kinds of endangering (war, economic sanctions, a
terrorist act), and they are negative to the survival of the state and society. These are the final,
the most direct extract of challenges and risks.32
FUNCTION AND BASIC ELEMENTS

OF SECURITY ASSESSMENT
Security challenges, risks and threats, as different forms of expressing danger, can be sys-
tematized in different ways. The division may be by the source (base and/or situational); by
origin (internal and/or external); by subject (the government and/or non-government); by
content (military and/or non-military); by the intervention (local, (sub) regional, global) and
by the range (current and permanent).33 The mere possibility of multiple divisions indicates
the abundance and diversity of security challenges, risks and threats. This, on the other hand,
requires their adequate identification, determination of their intensity and dynamics of man-
ifestation and to determine possible routes of action in the future. In this sense, the basic
function of the security assessment is to analyze the security situations, which is used for
consideration of all potential security challenges, risks and threats. Prediction of the further
development of the security situation, phenomena and events is the thought process, which
aims to be based on the analysis of safety data estimate or anticipate possible developments
and trends of the security situation in the future. The essential task of prediction is to review
the trends of development of some phenomena in the future and the selection of the most
rational action for the realization of the set or determination of the objective.34
Bearing in mind that each state which is not usual represents a particular state, the action
on such a state means the action of the security forces, which is focused on solving one or a
group of related security issues and which is different from the usual activity in sense of:35
-- the intensity of operational activities is very strong;
-- activities are focused on a narrowly defined goal, which may be the particular security
problem or criminal object which endangers security or object of the protection which is protected
by security;
-- there is special or existing organization established, as a rule, for objectives achievement and
it is adapted to define the objective which should be achieved, and which can extend to the narrow
or wider area depending on the content of the particular state of the security and the defined
objective and,
-- organization which is set up as this, with its work intensity, has own starting and ending time.
A unique system of making the security assessment and analysis of the security situation
through an understanding of potential security challenges, risks and threats does not exist.
30 Bajagic, M., Basis of the security, Criminalistic-police academy, Belgrade, 2007, p. 130.
31 Law encyclopedia, Modern administration, Belgrade, 1979, p. 1101.
33 Hadzic, M., Security challenges, risks and threats, Global and national security (lesson) Faculty of
political science, Belgrade, 2004.
34 Stevanovic, O., Management in police, Police Academy, Belgrade, 2003, p. 153.
35 Kostic, S., Basics of the crime operative, 1st part, VSUP, Belgrade, 1977, p 199.
However, it can set up a general structure of the security assessments, which is reflected in the
following elements:36
-- general concept of security assessment, which means the preference of theoretical
approach in making security assessment. Based on the theoretical approach, it is determined
which phenomena, in the social environment, should be considered as security phenomena
and what significance should be given to these phenomena during the making of security
assessment;
-- analysis of relevant security phenomena conditions, represents basic conditions for ruling
the security situation. Involves collecting and processing of internal and external security data;
-- determining the security situation, is a synthetic conclusion on the situation and nature
of the security phenomena with a detailed description of the nature of each of phenomena
and prediction of the influence on the security situation in the future;
-- making a conclusion with the assessment of the security situation, is the synthesis of all
security issues and the definition of safety indicators. These are specific, measurable, sizes
whose measuring and comparing of the values of different indicators, can lead to an accurate
assessment of the security situation;
-- prediction of security situation changes, refers to the trends and patterns of negative
security phenomena in the evaluated period. They can be reached on the basis of analyses
that are made in earlier stages of making the security assessment and
-- security tasks, which are part of the security assessment, are work areas which are in
security sector determined to every organizational unit depending of its nature or the nature of
security challenges, risks and threats. Security tasks are, through the security plans, concretely
developed and mostly prescribed as the security measures and procedures.
The basic and most important link in the entire security system is a high-quality security
assessment. From its quality depends on security challenges, risks and threats approach. To
make a high-quality security assessment, it is necessary to respect certain principles of its
development, such as:37
-- The principle of objectivity, means an impartial, objective approach to the collection
and study of certain facts. Otherwise, the security assessment loses its function and leads to
erroneous conclusions and wrong decisions;
-- The principle of systematic, means unite and interconnectedness of all parts which are
representing the whole about the assessment object and logical order in document content.
The principle of systematic must be represented already in the process of data processing,
their selection, assessment, classification and linking with other and prior data;
-- The principle of completeness, stems from legal norms which are determining the content
of security assessment. As long as you do not have enough data and information needed for
the evaluation, it is necessary to look for information, because that is the only way to achieve
the quality required for the proper evaluation;
-- The principle of privacy, means necessary restrictions in data exchange or the use of the
security assessment only under certain conditions and by persons who are entitled to it;
-- The principle of timeliness, means reporting available data to predetermined users, which
increases its value. Otherwise, security assessment loses value; and
-- The principle of prediction (prognostic) stems from the fact that it is the mental picture of
the future situation or case. Based on previous and current factors, future trends, relations and
situations are predicted and that is the “crown” of the security assessment.
36 Dragisic, Z., Security management, Official Journey, Belgrade, 2007, p. 50-52.

37 Milosavljevic, B., Theoretic basics of the security assessment, Belgrade, Military act, no. 2, 2012,
p.142-146.
392 Zeljko Nincic
SPECIFICITY OF SECURITY ASSESSMENT

Security assessment is a written document. It materialized certain facts which were pro-
cessed in during its making and formalize all knowledge of a particular phenomenon, predict
future forms of its manifestation, influence on protected goods but also determines the most
efficient way of reacting, which reduces the negative influence of the phenomenon being ob-
served. Realistic assessment of data on phenomena and cases that may affect the security, the
ability to predict future phenomena and cases and their impact on the security situation, it
is essential for the timely organization (setting) security system to “protecting” position. The
main objective of the security assessment, exactly, is the establishment of such a protection
system, which:
-- guarantees reducing the possibility of harmful events;
-- by own stratification prevents the exploit of the vulnerability of the existing protection system;
-- increases “attackers” costs, or significantly reduces its potential “gain” and the negative
effect of harmful event.
-- The process of making a security assessment, has certain characteristics, such as:38
-- interdisciplinary researches;
-- heuristic orientation;
-- unavailability of essential (necessary) data;
-- researches of small cases (events) with great influence and
-- specific and variable researches.
This complexity of the process of making a security assessment, leads to the conclusion
that this is not a method that is based on generally accepted and unique solutions. However,
there are several key procedures in the process of making reliable assessments. These are:39
-- defining problems;
-- creation of hypotheses;
-- collecting information;
-- hypothesis evaluation;
-- choice most likely hypothesis and
-- current monitoring of new information.
Security assessment is an essential step that is undertaken in organizing certain security
structures for the planned implementation of adequate security measures and actions, in or-
der to prevent the negative effects of security challenges, risks and threats. It is necessary, first
of all, to consider:
-- the importance of protected goods, or its position in relation to the geopolitical,
economic and other factors;
-- which are possible reasons for its endangerment;
-- forces and resources that can be used for endangerment;
-- weakest “links” in the security system;
-- forces and means of the security system, in terms of engagement to protect; and
-- ways of cooperation between the security system factors.
38 Godson, R., Inteligence Requirements for the 1980 (number Two) Analysis and Estimates, Washington,
National Strategy Information Center, 1980, p. 52.
39 Heuer, R., Psihology Intelligency Analisis, http//cia.gov/csi/books/1904/indeh.html, available since
04.03.2017.
In this sense, as one of the basic requirements in the process of security assessment mak-
ing, is complete coordination of all stakeholders whose involvement in that process is neces-
sary. Practically, this means:
-- First, the establishment of a unified information system which is collecting information
on the phenomenon which is assessed, or “pooling” of information at one place (defining
the roles and responsibilities of all stakeholders, establishing the required relationships and
modes of communication, the choice of activities subjects, etc.);
-- Second, defining of clear procedures in all phases of security assessments making and
defining specific tasks of all participants in the assessment process;
-- Third, clearly defining the tasks and procedures, provides immunity of the system
of security assessment making, or the protection of the “breakthrough” due to lack of
understanding of its essence by certain students in the decision-making process, which could
lead to incorrect assessing and wrong decisions making;
-- Fourthly, the analysis of information obtained from the persons who previously had
experience in dealing with this kind of information, thus achieving fully understanding of the
available information meaning, between all participants in their analysis and
-- Fifth, the possibility of revision of the security assessment, if at an early stage of its development
changes of security challenges, risks and threats influence are identified. The objective of revision
of the security assessment making is determining of the relevance of the current assessment and if
necessary, taking certain corrective measures in the process of its creation.
Adequate, timely and high-quality security assessment is a condition of the existence of
certain security prevention. This puts development and the negative influence of destructive
phenomena “under control” in certain way, therefore the system protects against the negative
consequences of their action.
The assessment is made for different levels of reaction to destructive phenomena. The
highest level of this process is the creation of assessment as doctrinal document, or assess-
ment that is made at the state level and which establishes a way to protect the basic, vital, value
state. It is the basis for:
-- managing the internal and external policy;
-- the adoption and amendment of the systematic normative acts and
-- organizing and directing the work of bodies and security services.
That shows the strategic function of the assessment. Great assessment, as doctrinal docu-
ment, must include political, military, economic, geographical position of the country and it
is different by that from all other types of (security) assessment. This “general concept of se-
curity assessments” may include political, economic or geographic elements on “micro” level
(line), but in a part which directly influences the assessment of the situation, the assessment of
security events trends and planning the work of security structures. Their direct impact on the
security situation in a certain area and thus to each person, in the most general sense, gives
the “security” sign to assessment. This level of influence “immediacy” of security challenges,
risks and threats, requires its making to be precisely regardless for which level is made – high-
est (assessment at the state level), or individual cases (assessment of the situation).
Security phenomena, which need to be “treated” in general concept of security assessment
are different, but their assessment should go in the following order:
-- activity of foreign intelligence services, with a particular focus on their objectives,
intentions and the possible results they have achieved through their activities;
-- terrorism and extremism, includes all types (forms) of terrorism and extremism with
foreign elements, with possible objectives of terrorist groups precisely determined, the
394 Zeljko Nincic
surveillance infrastructure and defined extremist behavior, especially in the part of the way in
which you can achieve defined objectives;
-- internal extremism, means objectives and intentions of “domestic” extremist groups,
with special focus on their relationship with foreign element (intelligence services, terrorist
organizations, etc.). In this part it is necessary to assess extremists actions to undermine the
political and economic stability of society, but also the actions in order to achieve personal or
benefits to certain stakeholders;
-- the crime ratio, means the basic processing of crimes, with emphasis on offenses and
perpetrators of offenses which directly affect the disturbance of citizens and thus the security
situation, whether these are offenses with severe consequences or offenses that affect the
above said elements with their nature. Special attention must be paid to organized crime and
organized criminal groups action, their organizational structure, hierarchical connections,
“specialties” in the work. Also, juvenile actions and returnees in offenses and must be
especially considered;
-- state of public order, means assessment of the state public law and order, especially when
it is about the potential distortion to a greater extent with consequences and distortion that
would be made by organized groups. Special attention should be paid to the distortion and
perpetrators whose objective is not only public order, but also to other hidden objectives such
as (political, economic ...), for them or for other persons and groups. Juvenile actions and
returnees in offenses and violations must be considered here as well. In addition, attention
must be paid to all kinds of public gatherings, which may result in a disruption of public order
or committing criminal acts and offenses (gathering of the social character, labor protests ...);
-- state of the security state border, means the assessment of the border threats, preferably,
from external influences, with special identification of trouble spots, which would, from the
security point of view, constitute a risk (possibility of aggression, possibility of terrorist and
extremist groups, smuggling channels, the possibility of transmitting the armed events arising
in the territory of neighboring countries ...);
-- movement of foreigners and their stay in country, means consideration of the residence
and movement of foreign nationals, with detailed data about their behavior and possible
participation in crimes and offenses. In this case, it is important to investigate if these
behaviors have elements of organization. Under present conditions, this part would mean
discussion of the issues of a large influx of migrants, asylum seekers and other groups and the
danger that those groups may represent, in terms of security;
-- organization, qualifications, training and equipment of authorities and the security services,
is a particularly important part. It is about the analysis of the readiness level of some elements
of the security system to adequately answer to identified security challenges, risks and threats.
This is very important, considering that the level of protection of proclaimed values of certain
phenomena destructive activities depends on readiness of the security system;
-- cooperation bodies and security services, must involve a high level of mutual cooperation
between security structures as well as their cooperation with judicial and other state authorities.
Here it is especially important to consider mutual relations in order to avoid certain overlaps,
either there is an issue of jurisdiction or in terms of reaction, which in operational terms
can be a problem and enable “breakthrough” of the security system during the response to
security challenges, risks and threats.
Finally comes the conclusion with situation assessment where, from all these elements,
short conclusions should be made with the assessment of possible trends of security phe-
nomena. Conclusion making with situation assessment represents the synthesis of all security
issues and defining security indicators, but it evaluates work of parts and of the entire security
system. It is necessary for the planned “setting” and secret services actions, or making a cor-
rect decision by the competent bodies, in crisis situations.
CONCLUSION
Inalienable right of every country is to find a way to protect itself from all those phe-
nomena that by their own destructive action try to influence certain (vital) values. In order
to achieve this, it is necessary to identify all endangering factors, their modes of action, the
available forces and the means with which they exert their destructive character, and on that
basis take appropriate measures to eliminate their negative influence. The security assessment
is the document whose making is identifying and tracking endangering factors.
Security assessment occurs on the basis of precise study of all the factors that may exhibit
their (negative) effect on the security situation in a certain way. Its main value is that it is a
mechanism for defining important facts in determining the decision on the actions on the
various security challenges, risks and threats. It is used to minimize uncertainty of expressing
certain destructive activities, but the uncertainty can’t be completely ruled out, however, and
the quality of security assessments can be evaluated only with a certain time distance, when
it loses its “usable” value. Therefore, the timely processing and analysis of security interesting
data is the main condition for high-quality security assessment making.
In this sense, for high-quality security assessment, processing and analyzing data must be
accurate and, above all, time-current. Only in this way, with a timely analysis of the facts of
phenomena expression they represent (or may represent) security challenge, risk and threat,
while respecting certain principles of making, can we get accurate, quality and time-current
security assessment and respond to the destructive effect certain phenomena adequately.
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JURISDICTION OF THE REPRESENTATIVES
OF THE SECURITY SYSTEM
OF THE REPUBLIC OF SERBIA ABROAD
Veljko Blagojevic, PhD1
Strategic Research Institute, Ministry of Defense
Miloš Milenkovic, PhD
Strategic Research Institute, Ministry of Defense
Abstract: Since the appearance of the states, it became necessity for mutual
communication in order to satisfy a variety of their interests. They established certain
rules of behavior in communication between states over the centuries, which have
gradually become part of customary international law. Later on these rules were
transformed into legal norms of international low and made the scientific discipline
of diplomatic and consular law. On the other hand, each state defines the organization
and jurisdiction of the bodies dealing with the foreign policy by its own national
legislation, of course, in accordance with the accepted international legal obligations.
Strengthening interdependence, especially in the contemporary politics of lobalized
world and gradually abandoning state centric approach to security, has caused the
growing need for sending the representatives of the security system abroad. Earlier, all
the issues in the field of security and defense were traditionally under the jurisdiction
of the Office of Military-diplomatic Representatives. Serbia, like other states, is
increasingly sending police attachés and representatives of the Security Information
Agency in the diplomatic and consular mission abroad. The aim of this paper is to
analyze the legal regulation and practice of jurisdiction of the representatives of the
security system in diplomatic and consular missions. Although, at first glance, it seems
simple to determine jurisdiction of specialized representatives, this is not the case
because beside our regulations and state structure, it depends on the legislation and
organization of the receiving state.
Keywords: Ministry of Foreign Affairs, Diplomatic and Consular Mission, Defense
Attaché, Police Attaché, Representative of Security Information Agency.
INTRODUCTION
The globalization process in the field of international relations led to unimagined inter-
dependence and thus fully justified the platitude that “the world has become a global village”.
This resulted in an accelerating of chain of events on the international scene. At the same
time, the concept of nation-state, that has been established since the Peace of Westphalia
suffered a significant changes. Specifically, the power and sovereignty of nation states has
become increasingly questionable, and suffering great challenges that are caused by activities
of transnational subjects of international relations, such as international government organi-
zations, private multinational companies and others. On the other hand, there are subjects
of international relations, which operate in the fields that are known as non-governmental
1 [email protected]
398 Veljko Blagojevic, Miloš Milenkovic
organizations, but also the phenomena of today that organized crime is connecting both the
outside national framework and the regional level. Thus, it can be said that in the sphere of or-
ganized crime occurred kind of globalization that increase interdependence and cooperation
among them in order to gain illegal profit. To these illegal actions, we must add the monster
of the modern era, international terrorism, which has become a global threat for almost all
world societies after September, 11 2001. The irrationality in the choice of targets of terrorist
attacks and the national territory in which it is performing, necessarily points to the coopera-
tion of state authorities in charge of prevention of functioning of terrorist organizations. The
great migration processes, which we have witnessed in recent years, only further complicate
the engagement of specialized state authorities and point to a higher level of international
cooperation.
Because of these key factors, the nation states are forced to act jointly more frequently in
order to eliminate common security challenges, risks and threats. In addition to the function-
ing at the multilateral level, or within the international organizations such as Interpol, the
International Organization for Migration and others, there is a clear tendency for increasing
international cooperation on the plan of bilateral cooperation of representatives who have
responsibilities in the field of security and defense. In terms of jurisdiction in the functioning
of diplomatic and consular missions accredited to international organizations, there are no
major problems, since the operations are implemented according to The Founding Treaty of
the international organizations, but in the case of bilateral cooperation could be problemat-
ic. Little attention is paid to this issue in the domestic literature, which can cause problems
within the diplomatic and consular mission, but also in the relations with the receiving states.
JURISDICTION OF AUTHORITIES OF THE REPUBLIC

OF SERBIA IN THE FIELD OF FOREIGN POLICY
AND SECURITY
The Constitution of The Republic of Serbia defines, among other things, the jurisdiction
of the Republic in organization and providing the sovereignty, territorial integrity, security
and its international position and relations with the other subjects of international politics.
Accordingly, the Constitution regulates the issues related to safety and the principal jurisdic-
tion of government bodies dealing with the issues of foreign policy, security and defense2.
The Constitution specifies that the foreign policy of the Republic of Serbia shall be based on
commonly accepted principles and rules of international law and ratified international agree-
ments are directly applied as an integral part of the national legal order, with the obligation
that they are in accordance with the Constitution3. The government, as the holder of executive
authority, has powers relating to the establishment and implementation of the overall state
policy, which has different aspects, from the foreign, through the security and defense policy,
to economic, cultural, educational policy etc. It is engaged in the supervision and control of
implementation of relevant policies and, if necessary, it can be directly involved in the work of
certain ministries. Its operation, of course, should be carried out in accordance with positive
legislative. If this is not possible, the government has the authority to propose new legislative
acts and other general or individual legal documents to The National Assembly, as a legislative
body4.
2 Ustav Republike Srbije, Službeni glasnik Republike Srbije, br. 98/2006, članovi 97, 99, 112, 123, 139 i 194.
3 Ustav Republike Srbije, Službeni glasnik Republike Srbije, br. 98/2006, član 16.
4 Zakon o Vladi, Službeni glasnik Republike Srbije, br. 55/2005, 71/2005 - ispr., 101/2007, 65/2008,
16/2011, 68/2012-Odluka US, 72/2012, 7/2014-Odluka US i 44/2014, članovi 1-8 i Zakon o ministarstvima
JURISDICTION OF THE REPRESENTATIVES OF THE SECURITY SYSTEM... 399
The Ministry of Foreign Affairs is responsible for the overall implementation of national
foreign policy, defined by the Government. The Law on Ministries specifies that all ministries
have a right to implement international cooperation in their domain and to be engaged in the
negotiation, signing and implementation of international agreements within their jurisdic-
tion. The above mentioned provisions were adopted for a more efficient response of the State
to accelerating flow of events at the international level and the need for inclusion of various
ministries in the process of international cooperation. However, in order to centralize and
monitor the growing number of international activities of state institutions, the Ministry of
Foreign Affairs has retained jurisdiction of the central authority for the implementation of
overall foreign policy and international cooperation. This should be realized by timely re-
porting on planned and implemented activities of relevant state bodies. At the same time,
all communication of other state bodies with international subjects and own diplomatic and
consular missions is implemented through the Ministry of Foreign Affairs, in accordance
with the international agreements and / or diplomatic practice5.
The Ministries of Defense and Internal Affairs have defined responsibilities within the Law
on Ministries, which are specified in concrete within The Law on Defense6 and The Law on
Police7. At the national level there are no big problems in this context, and almost all possible
jurisdictional problems can be solved at the government level. The same goes for the Security
Information Agency, as an independent government agency that derives its jurisdiction from
the Law on Security Information Agency8. It should be emphasized that the Law provides for
that the Agency may take over a part of activities in domain of the Ministry of Interior. The
possible conflict of jurisdiction should be decided by the Government of Republic of Serbia9.
All possible problems in the particular jurisdiction and directing the activities of the elements
of security system, since 2007, are resolved by the National Security Council, most often by
the Bureau for Coordination of Security Services.10
The process of globalization, emerged as a result of the end of the Cold War world divi-
sion, the victory of the neo-liberal concept of society and rapid technological development
of all forms of communications, has led to an increase in interdependence of unprecedented
proportions and creation of the phenomenon of “global village”. At the same time, the devel-
oping trend of strengthening migration, which was initiated not only by socially positive ideas
of progress, but also led to the strengthening of connections among organized crime and
terrorist groups, as well as corruption, which take increasingly transnational character. Thus,
simultaneously with the process of economic, cultural and political globalization, the security
aspect of globalization was also developed. That ultimately led to the fact that nation-states
were not able to independently guarantee the security of its citizens. Therefore, it became
unquestionable that the nation states are forced to work together to counter the common
security challenges, risks and threats.11
Although Ministry of Defense has the longest tradition and the established practice of
engaging its own representatives within the diplomatic and consular missions abroad, the
Republike Srbije, Službeni glasnik Republike Srbije, br. 44/2014, 14/215, 54/2015 i 96/2015, članovi 1-28.
5 Zakon o spoljnim poslovima Republike Srbije, Službeni glasnik Republike Srbije, br. 116/2007,
126/2007 i 41/2009, članovi 1-5.
6 Zakon o odbrani Republike Srbije, Službeni glasnik Republike Srbije, br. 116/2007, 88/2009 i 104/2009.
7 Zakon o policiji, Službeni glasnik Republike Srbije, br. 6/2016,
8 Zakon o bezbednosno-informativnoj agenciji, Službeni glasnik Republike Srbije, br. 42/2002,
111/2009, 65/2014 – odluka US i 66/2014.
9 Zakon o bezbednosno-informativnoj agenciji, Službeni glasnik Republike Srbije, br. 42/2002, 111/2009,
65/2014 – odluka US i 66/2014, član 16.
10 Zakon o osnovama uređenja službi bezbednosti Republike Srbije, Službeni glasnik Republike Srbije,
br. 116/2007.
11 Cooper Robert: Slom država, poredak i kaos u 21. stoleću, Profil, Zagreb, 2009, pp. 16-99.
other subjects of the security system of the Republic of Serbia do it more and more often. It
is necessary to put efforts to specialized authorities in direct communication with foreign
counterparts to engage in combating common security challenges, risks and threats such as
transnational organized crime, corruption, terrorism, drug trafficking and human trafficking,
proliferation of weapons of mass destruction, etc. The legal basis for the engagement of repre-
sentatives of the Security System within the diplomatic and consular missions of the Republic
of Serbia abroad are given in the Law on Foreign Affairs, which provides the possibility of
giving diplomatic status to persons who do not work in the Ministry of Foreign Affairs, but
are appointed on specific duties within the diplomatic and consular missions, but only while
on this position. There are the same regulations in The Law on Ministries12, The Law on Po-
lice13, The Law on Defense14, which predict international cooperation on a permanent basis.
The organizational structure of diplomatic and consular missions of the Republic of Serbia
abroad does not differ from the diplomatic missions of other states because they are products
of a similar diplomatic practice and customary law. Their work is usually based on more or
less identical international agreements. Fundamental organization of diplomatic and consular
missions is based on the principles of organization and function of the modern diplomatic
service and is divided in accordance with the so-called labor sectors. The diplomatic and con-
sular mission of the Republic of Serbia usually includes the following organizational elements:
-- The Head of the Diplomatic Mission, which is the coordinator and issues orders to all
sectors of the mission and is responsible for the overall organization and functioning of the
mission to the Receiving State and to the Sending State;
-- The Political Sector, whose core competence is to cooperate with the Government of
the Receiving State, which is most commonly implemented through the ministry in charge of
foreign affairs.15 At the same time, the cooperation involves a certain level of communication
with the political opposition. Of course, it’s very sensitive and it implies a sense of behavior,
which is reflected in the established diplomatic practice in the Receiving State. This sector
also cooperates with the Parliament and other independent bodies and organizations in the
Receiving State;
-- The Economic Sector monitors the macro economic and financial indicators and
communicates with the Sector for Economic Cooperation between the ministries in charge
of foreign affairs, economy, foreign trade, chambers of commerce and other economic
associations and institutions in the Receiving State;
-- The Consular Sector is responsible for protecting the interests of its own citizens and
legal entities in the Receiving State, wherein usually communicates with the ministries in
charge of foreign policy, internal affairs and the prosecution;
-- The Press, Culture and Information deals with media monitoring in the Receiving
State, cultural events and processes in the Receiving State, giving information to the public
of the Receiving State about the events in the country itself and the development of cultural
cooperation;
-- The Military Attaché, or put in modern vocabulary defense attaché, refers not only to
the representative of Ministry of Defense but also to both police attachés and representatives
12 Zakon o ministarstvima Republike Srbije, Službeni glasnik Republike Srbije, br. 44/2014, 14/215,
54/2015 i 96/2015, članovi 11, 12, 13, 19 i 20.
13 Zakon o policiji, Službeni glasnik Republike Srbije, br. 6/2016, članovi 7, stav 11, 19, 19a i 19b.
14 Zakon o odbrani Republike Srbije, Službeni glasnik Republike Srbije, br. 116/2007, 88/2009 i
104/2009, član 14, stavovi 10-12, 20 i 23.
15 Under these are most often implies so-called high politics, officially notification the government of
the Receiving State on a particular issue or event, the attitudes of our government, the transfer of the
answer to the initiative or its starting, delivery protests, seeking information or opinions, etc.
of the Security Information Agency16. It is clear that defense attaché primarily communicates
with the ministry in charge of defense, police attaché with the ministry in charge of internal
affairs, and a representative of the Security Information Agency with their counterparts in the
Receiving State;
-- The Administrative and Technical Service, which performs all tasks without which
the work of diplomatic and consular missions is unthinkable, includes administrative and
technical affairs, finance, communications, functions secretaries, drivers, etc. 17
The number of persons within the sectors of diplomatic and consular missions depends
on the financial capabilities, the level of cooperation, the size and significance of the receiving
state in the international arena etc.
INTERNATIONAL LOW AND REPRESENTATIVE

OF SYSTEM SECURITY ABROAD
The development of modern international law is moving in the direction of gradually cod-
ification of more and more fields of international relations. Areas of diplomatic, consular and
contractual law are previously codified, that indicate their great importance in international
relations, because by definition, codification of international law is a set of regional legal pro-
visions, collected and arranged by subject, so as to enable the regulation of general interest
in the international community18. After a long history of development diplomatic relations
through by customary international law, it’s dopted the Vienna Convention on Diplomatic
Relations in 1961, which is an expression of the modern codification of diplomatic law.
The Vienna Convention on Diplomatic Relations, among other things, defines generally
accepted functions of diplomatic representatives, which consist in particular:
(a) “Representing the sending State in the receiving State;
(b) Protecting in the receiving State the interests of the sending State and of its nationals,
within the limits permitted by international law;
(c) Negotiating with the Government of the receiving State;
(d) Ascertaining by all lawful means conditions and developments in the receiving State,
and reporting thereon to the Government of the sending State;
(e) Promoting friendly relations between the sending State and the receiving State, and
developing their economic, cultural and scientific relations.”19
As already stated, the military-diplomatic representatives are the first who positioned their
place among all subjects of the security system in the world of diplomatic practice. Therefore,
16 In the past decades in the diplomatic practice of the Republic of Serbia other specialized bodies that are
sending in the composition of the diplomatic and consular missions abroad appear as well. Considering
that the military attaché in the composition of our diplomatic missions since the independence of
the Principality of Serbia, after the Berlin Congress in 1878, it is no surprise they are adopted in our
diplomatic theory and practice. They are still the most numerous members of our diplomatic missions
abroad who are not from the Ministry of Foreign Affairs, so one can agree that the reasons for this
classification are justified to some extent.
17 To see more: Petrović Slavoljub Đera: Diplomatski praktikum – drugo dopunjeno i prošireno izdanje,
DTA Trejd, Beograd, 2004, pp. 65-91 and 215-220.
18 The Statute of the International Court of Justice, in article 38, paragraph 6, defines the legal customs
as „evidence of a general practice accepted as law“. Long before The Vienna Convention, in Serbia
was published on that issues the views of Geršić Gligorije in 1898: Diplomatsko i konzularno pravo,
Službeni list SRJ, Beograd, 1995, pp. 130-270, and between two wars also Kisovec Mirko: Diplomatski
predstavnici, Beograd, 1939, pp. 119-140.
19 Bečka konvencija o diplomatskim odnosima, Službeni list SFRJ - Međunarodni ugovori, br. 2/64, član 3.
we will analyze their functions and position within the diplomatic and consular missions, and
then point out the specifics of the functions and responsibilities of other representatives and
their mutual relationship. As a confirmation of that stance, we can emphasize the fact that
the functioning of the Defence Attaché and Military Representative Offices of the military
missions is legally regulated, most notably in the Rulebook on Defence Attaché20 and the
Rulebook on the Military Representative Offices21.
Military diplomacy must be analyzed in a historical context and as a part of overall diplo-
macy of councrite state. In ancient times until the end of the Middle Ages, military diplomacy
was an integral part of overall diplomacy, and often even the most significant one. That era es-
tablished practice of engaging high level of military leaders as a peacetime diplomatic agents
of monarch22. Clearly, those were just certain institutes that today knows the diplomatic law,
not diplomatic service in the full sense of the word. The institutionalization of military di-
plomacy appeared in the early nineteenth century, and most of the authors believes that Na-
poleon Bonaparte is the creator of military diplomacy. He appointed captain De Lagrange to
position of the second secretary in the diplomatic mission in Vienna in 1806, with the strictly
military tasks. The positive experience of engaging officers in diplomatic missions contribut-
ed that France soon aftwewards sent official military representatives to Austria and Prussia,
and other European powers did the same, based on the principle of reciprocity. Soon after,
the military diplomacy is institutionalized as a relatively specific segment of diplomacy. Over
time, increases importance of military diplomacy, especially through the period between the
two world wars and during the Cold War, until the fall of the Berlin Wall23.
End of the Cold War marks the beginning of intensification of the process of globalization,
which is the period of creating the conditions for evolution from military to defense diplo-
macy. Defence diplomacy, therefore, is a broader concept than military diplomacy, which
primarily means the modern speaking military-military cooperation and includes the imple-
mentation of the overall state defense policy on the international level. 24
Starting from the function of diplomacy one can define functions of defense diplomacy
by using the analogies which are adapted to the specificities of the defense diplomacy. Most
authors dealing with this issue have achieved a high level of agreement in the classification of
defense diplomacy functions:
(a) Representing the Defense System of Sending State in the Defense System of Receiving State;
(b) Protecting the interests of the Defense System of Sending State and its members in the
Receiving State, within the limits permitted by the international law;
(c) Negotiating with the representatives of the Defense System of the Receiving State;
(d) Ascertaining by all lawful means conditions and developments in the Defense System
of the Receiving State, and reporting thereon to the Defense System of the Sending State; and
(e) Promoting confidence building, friendly relations and cooperation between the De-
fense and Security System of Sending State and the Receiving State, and developing their
economic and scientific relations25.
20 Pravilnik o izaslanstvima odbrane, Službeni vojni list Republike Srbije, br. 25/2009.
21 Pravilnik o vojnim predstavništvima, Službeni vojni list Republike Srbije, br. 13/2010.
22 See more about this in: Zečević Milan: Vojna diplomatija, Vojnoizdavački i novinski centar, Beograd,
1990, pp. 11-29; Karagaća Milan: Odbrambena diplomatija, Antologija tekstova IX Škola reforme sektora
bezbednosti, ISAC Fond, Beograd, 2007, pp. 85-120.
23 Karagaća Milan: Odbrambena diplomatija, Antologija tekstova Škole reforme sektora bezbednosti,
ISAC Fond, Beograd, 2007, p. 195.
24 Blagojević Veljko: Funkcije odbrambene diplomatije u međunarodnom pravu, Godišnjak Fakulteta
bezbednosti 2015, Beograd, 2016, p. 28.
25 For a broader analysis compare: Ogorec Mirko: Vojno-diplomatska praksa, Golden marketing, Zagreb,
2005, pp. 46-52; Zečević Milan: Vojna diplomatija, Vojnoizdavački i novinski centar, Beograd, 1990, pp.
Using the same methodological procedure allows us to define functions of the police at-
taché in accordance with the responsibilities of the Law on Police of the Republic of Serbia,
the Consular Section of the Ministry of Foreign Affairs and of equivalent state authorities of
the Receiving State where the police attachés are accredited, as well as representatives of the
Security-Information Agency.
Some authors who dealt with the functions of the Defence Attachés also added the func-
tion of principal advisor to the chief of diplomatic and consular missions on defence and
security issues26. This clearly shows the significance of the role of the Defence Attachés within
the diplomatic and consular missions. Priviously mentioned function is implemented period-
ically usually within the collegium of the chief of diplomatic and consular mission, but also
upon demand or when it is necessary. It depends on the particular political and security situ-
ation in the Receiving State and the region in which the service performs, and can be imple-
mented both by the request of chief of diplomatic and consular missions or Defence Attaché’s
sellf initiative. Some of the reasons for the initiative can be a natural disaster or other crisis
situations in the host country or the home country, which are often the subject of interest of
the diplomatic service.
The advisory function of the Defence Attaché should not be considered together with the
aforementioned functions of defense diplomacy by international law. The reason for this lies
in the fact that the internal organization and operation of diplomatic and consular missions
are under the jurisdiction of the national legislative of the Sending States. Additionally, each
state may regulate the jurisdiction of its own diplomatic and consular missions, in accordance
with its own needs and interests, but they have to be in accordance with the provisions of the
Vienna Convention on Diplomatic Relations and the established diplomatic practice. 27
Significantly, the function of police attachés and representatives of the Security-Informa-
tion Agency should not be brought into connection with the responsibilities and tasks of
consular services. The Republic of Serbia is obliged to accept and implement in practice oper-
ation of consular missions defined by international law. Since Serbia accepted the Convention
on Consular Relations, consular missions jurisdiction has priority compared to jurisdiction
of police attaches, in accordance with the constitutional provision that ratified international
agreements applies directly as an integral part of the national legal order28. The same applies
to the obligations of diplomatic and consular missions when it comes to responsibilities with
regard to international legal assistance.
SPECIFICS OF JURISDICTION OF REPRESENTATIVES

OF THE SECURITY SYSTEM OF REPUBLIC OF SERBIA ABROAD
127-141; Gocevski Trajan: Osnovi na sistemot na nacionalna odbrana, Filozofski fakultet, Skopje, 2005,
p. 408; Vasić Dušan: Preventivna diplomatija – teorijski koncept, normativni okviri i političke kontroverze,
Službeni glasnik, Beograd, 2010, p. 87.
26 Compare: Ogorec Mirko: Vojno-diplomatska praksa, Golden marketing, Zagreb, 2005, p. 52 i Vasić
Dušan: Preventivna diplomatija- teorijski koncept, normativni okvir i političke kontroverze, Službeni
glasnik, Beograd, 2010, p. 87.
27 Blagojević Veljko: Funkcije odbrambene diplomatije u međunarodnom pravu, Godišnjak Fakulteta
bezbednosti 2015, Beograd, 2016, p. 28.
28 Ustav Republike Srbije, Službeni glasnik Republike Srbije, br. 98/2006, član 16.
If the diplomatic and consular mission has a representative of the Security Information
Agency and / or police attaché, Defense Attaché has no obligation to be adviser to the head of
mission on security and police cooperation issues29 since these are maters within the jurisdic-
tion of those institutions. This is not just about respect of the national legislation, but also on
the legal system of the Receiving State. Namely, the question of how the government will treat
the communication of the Defense Attaché with, for example, members of the Border Police
when there is a police attaché accredited to The Ministry of Interior for cooperation in all ar-
eas within the jurisdiction of the Police. It is similar to the other issues of cooperation, and the
head of a diplomatic mission plays a key role in defining jurisdiction among representatives
of security system abroad.
The answer to this and other similar questions related to jurisdiction of the representatives
of the security sector within the diplomatic and consular missions are necessarily considered
in accordance with the provisions of the diplomatic and consular law, national legislation of
the Republic of Serbia and the law system of Receiving State. Diplomatic and consular law and
practice define the framework for accreditation of the representatives of our state authorities
with the appropriate government authorities of the Receiving State. This provides the con-
ditions for the start of cooperation in the areas for which both institutions are authorized in
accordance with national legislation.
The problem may occur when the institutions mentioned do not have the same compe-
tencies. For example, the Republic of Slovenia kept the Sector for Emergency Management
under the jurisdiction of the Ministry of Defense, as achievements of the good practices of
the former Yugoslavia, while most of the Republics of the former state that sector transferred
into the structures of the Ministry of Internal Affairs. That dilemma is easily manageable in
the legal point of view, because in the accreditation process the Slovenian side stated that it
accepted the Defense Attaché as the authorized person for cooperation with the partner insti-
tution in the Republic of Serbia. However, the question is why Defense Attaché would do that
when these issues are within the jurisdiction of the relevant ministry that deals with internal
affairs according to Serbian national legislation.
The solution for this dilemma, which proved to be a very real one during the severe flood-
ing that occurred in Serbia in 2014, is to be sought in diplomatic practice and customary
law. Specifically, it is recommended that in such cases requires the consent of the competent
authorities of the Sending State, in this case the Ministry of Interior and Ministry of Defense,
in order to obtain prior approval for the decision of the Head of Mission in a way that the
problem of jurisdiction could be solved. Of course, correspondence needs to go through the
Ministry of Foreign Affairs of The Republic of Serbia in accordance with The Law on Foreign
Affairs30.
An experienced head of mission will provide informal consent for their proposal from
the relevant institutions of the Receiving State. The compromise solution for such a case in
practice could be to organize a meeting between the competent authority of the Receiving
State in charge of emergency situations and our defense and the police attaché. During the
meeting, referring to concrete activity, should be also arranged the manner of communication
of the police attaché with the sector responsible for emergency management of the Ministry
of Defense of The Republic of Slovenia. One of the possible solutions, if the authority of the
Receiving State does not accept the police attaché as a person for direct communication can
29 On jurisdictions of police attaches see: Kekić Dalibor i Subašić Dane: Policijska diplomatija,
Međunarodni problemi, 1-2/2009, Beograd.
30 For more on the responsibilities of defense diplomacy in emergency situations see Veljko Blagojević:
Jurisdiction of Defence Diplomacy in Crisis Situations, in Proceedings: Security and Crisisi Management
- Theory and Practise, Regional Association for Security and Crisis Management, Belgrade, 2016, pp.
47-55.
be arranged by e-mail communication, as a compromise solution in order to avoid a double

accreditation and ensuring continuity of cooperation.
Now days, representatives of the security services abroad are involved in plenty of issues
that have not traditionally been the object of interest of specialized services. The era of glo-
balization in security field increased this kind of engagement. It goes about, for example,
environmental security or countering pandemics, as well as cyber-crime or mass migratory
movements. This, relatively, new security challenges, risks and threats could be problematic
in terms of jurisdiction.
However, it is considered that the real problem most likely occurred in diplomatic and
consular mission regarding the jurisdiction, could be cooperation in combating international
terrorism, organized crime and corruption. These issues are under the mutual jurisdiction of
the Security-Information Agency, Ministry of Interior and Ministry of Defense. These secu-
rity threats are observed and evaluated by Defense Attaché, and the other diplomatic repre-
sentatives of the security sector, with intention to be in a position to implement segments of
activities within their jurisdiction, related to international cooperation. The responsibilities
and the capabilities of the Receiving State should especially be taken into account, because it
is a sensitive issue related to national security. The methodology is similar to the previously
described case. In these cases, one can ask for the stance of the National Security Council,
under whose authority is the Bureau for Coordination of the Security Services responsible
for guidance of specialized services. The establishment of high quality and professional rela-
tionship of representatives abroad with their colleagues from the Receiving State is of great
importance. The establishing of necessary level of confidence could greatly help to resolve the
problem of jurisdiction and create the conditions for overcoming any difficulties.
In addition, it is also necessary to emphasize the principle of reciprocity in diplomatic
relations. It may be applied through the issues defining the principle rules regarding the com-
munication of the representatives of security system of the Sending State with the institutions
of the Receiving State. It is about the need to take into account respecting the balance between
both legal systems. In other words, it’s important to bear in mind the equality of respect of the
law system of the Republic of Serbia and the Receiving State.
CONCLUSION
In the Serbian / Yugoslav diplomatic practice the Military and later Defense Attaché was
for a long time the only representative of the security system within the diplomatic and con-
sular missions. As a result of the long duration of the institute of military attaché, today we
have a fully legal set of organization of representation of The Defense System of the Republic
of Serbia abroad. In such circumstances it was not possible to come to the conflict of juris-
diction, and there was no need to initiate such a question, because the military attaché was
in charge of all issues related to defense and security, and he was the adviser to the chief of
diplomatic and consular missions of the above issues. However, the appearance of police at-
tachés and representatives of the Security-Information Agency appointed on the permanent
base within diplomatic and consular missions of the Republic of Serbia abroad, the situation
changed radically in two ways. The Head of diplomatic and consular mission could be in
doubt about which one of representatives to assign the jurisdiction of the implementation of
the specific task. On the other hand, as we have seen, there may be a problem with different
state organization and legal regulation in the Receiving State. This issue requests to act care-
fully before making a concrete decision on jurisdiction of the representatives of the Security
System of the Republic of Serbia abroad. Key determinants that influence the decision on
jurisdiction are the legal basis and established diplomatic practice, especially the practice in
the Receiving State. It should be noted that in international relations there is a formal legal
equality, but there is a difference between the so-called great powers and their position in
international politics compared to the so-called medium and small states. After all, it is nat-
ural that small countries have more interest in cooperation with the great powers, which was
reflected in the diplomatic practice of those states.
Jurisdiction of the representatives of security system within the diplomatic and consular
missions of Serbia abroad have been defined in the context of national law, which is in compli-
ance with the provisions of international law, more specifically diplomatic and consular law.
The adoption of legal acts to regulate the matter of jurisdiction of representatives of security
system abroad seems irrational because the potential problems that may arise are relatively
rare in practice. Nevertheless, it is from great importance to identify them and propose spe-
cific modalities for their resolution in accordance with diplomatic theory and practice. This
conclusion is not surprising if we know the fact that before the codification of diplomatic law,
most of the diplomatic activities were regulated by customary law, as an obligation to act in
accordance with the established international practice.
REFERENCES
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Fakulteta bezbednosti 2015, Beograd, 2016.
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br. 2/64.
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14/215, 54/2015 i 96/2015.
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20. Zakon o odbrani Republike Srbije, Službeni glasnik Republike Srbije, br. 116/2007,
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42/2002, 111/2009, 65/2014 – odluka US i 66/2014.
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ILLEGAL MIGRATIONS AS A THREAT
TO NATIONAL SECURITY –
THE ROLE OF COMMUNITY POLICING
Professor of Professional Studies Svetlana Ristovic, PhD
Abstract: Illegal migrations are increasingly being perceived as a threat to the political,
social, economic, and cultural security of a particular country. Illegal migrants are
often associated with organized criminal groups and groups dealing with terrorism,
smuggling and trafficking in human beings, as well as an increasing number of unrest
and socially undesirable behavior, and they are perceived as a threat to the lifestyle and
cultural pattern of the recipient country. Citizens of transit and destination countries
mostly perceive illegal migrants as potentially dangerous persons and criminals and
begin to show animosity and even uncovered hatred towards them.
Given that illegal migrants and new paths of their movement are becoming a major
security problem that leads to the instability of states, transit and ultimate destination,
and given the uncertainty of their citizens, there is a need to transform the security
systems of many countries by establishing normative and institutional assumptions
that will enable adequate response to the security challenges, risks and threats that
illegal migrations carry with them.
In this paper, one of the answers to this type of security problem will be observed
through the work of community policing. This is because experience unambiguously
indicates that community policing can provide a tangible and lasting contribution to
greater citizen security by establishing trust and cooperation between the community
and the police through co-operation on wider security issues of relevance to them,
including threats to security caused by illegal migrations. Concretely, ways to build
and improve access through community policing against illegal migrations will be
examined through concrete examples.
First, illegal migrations and its impact on national security will be exposed, then the
basic orientation of community policing, and finally, it will be pointed to some of
the postulates and modalities of community policing against compromising security
caused by illegal migration.1
Keywords: illegal migrations, police, community policing, smuggling and human
trafficking.
1 This paper is the result of carrying out the research project funded by the Ministry of Education,
Science and Technological Development of the Republic of Serbia (no. 179045) and implemented
by the Academy of Criminalistic and Police Studies in Belgrade (2011-2017), titled Development of
institutional capacity, standards and procedures for countering organized crime and terrorism in terms
of international integration, and the result of the research on project: Management of police organization
in preventing mitigating threats to security in the Republic of Serbia, which is financed and carried out
by the Academy of Criminalistic and Police Studies, Belgrade – the cycle of scientific projects 2015-2019.
410 Svetlana Ristovic
INTRODUCTION
Migrations have always existed, but they have been treated differently throughout history.
There were desirable and designed, controlled and necessary migrations, but also those that
had security implications. They are a complex social phenomenon that can be influenced by
political, economic, religious and ethnic reasons.
Illegal migrations can be considered a threat to the political, social, economic, and cultural
security of the state and its society. Illegal migrations are considered to violate the security of
state borders and therefore constitute a threat to the national sovereignty of the state (political
security). Also, they can have a negative impact on the structure of society and its economic
well-being by influencing social order, and by increasing the unrest and causing higher crime
rates (social security). In addition, illegal migrants are sometimes described as economic mi-
grants, asylum-seekers which want to take advantage of social benefits or take jobs from the
local population (economic security). Migrants are often portrayed as a threat to the lifestyle
and culture of the recipient country. The arrival of migrants from the same ethnic or religious
group can be considered as a cause of change in the state’s racial structure and the weakening
of its cultural identity.2
Political and humanitarian crises in third countries, in the previous period, resulted in the
displacement of a large number of people in search of international protection in the coun-
tries of the European Union.3 In these countries, migrants are perceived mainly as a security
threat. Research shows that citizens of transit and destination countries predominantly have
a negative or ambivalent attitude towards illegal migrants, and the feeling of insecurity and
fear for their own security has overcome empathy. All migrants are projected as a threat and
the fact that they were also victims was ignored. More and more openly, both politicians and
official government authorities consider migrants are guilty of increasing crime, fear, insecu-
rity and other social problems and perceived them as a security threat both in countries that
are their ultimate destination, and countries that only allow their free passage. As a result,
most of these countries introduce more restrictive policies towards migrants, beginning with
sharper border controls and raising fences, making difference between political and economic
migrants and tightening the process of resolving the status of asylum seekers, and establishing
a more rigid legal framework for migrants.
Although there are many prejudices and largely unjustified fears of illegal migration, the
fact is that they are a serious factor of jeopardizing security, because they are linked to smug-
gling and human trafficking, but also other punishable actions, ranging from minor offenses
to serious criminal acts, as well as possible spread of various infectious diseases.
One of the main migratory routes towards the territory of the European Union crosses
through Serbia, the so-called Balkan route. Although Serbia is not without experience in terms
of migration, it is a fact that such an influx of illegal migrants presents a major challenge re-
quiring coordinated cooperation between all relevant institutions, as well as the establishment
of a special security policy.4 Member States of the European Union, as well as other developed
industrial states, have found themselves facing new challenges posed by the global migrant
2 Collins, A. (2007). Contemporary Security Studies. New York i Oxford: Oxford University Press, p. 118.
3 Talijan, M., Talijan, M. M., Ristović, S., (2015), Osmišljavanje efikasne granične bezbednost – Jedan
strateški pristup, CIVITAS, časopis za društvena istraživanja, br. 2, Fakultet za pravne i poslovne studije,
Novi Sad, p. 72.
4 For the last two decades, the Republic of Serbia faces all kinds of migrations: external (mainly by
emigration) and internal (from village to city); forced (refugees, internally displaced persons and
returnees on the basis of readmission agreements) and voluntary; legal and illegal, as well as labor
migration.- Krstić, I., (2012), Zaštita prava migranata u Republici Srbiji, Beograd, Međunarodna
organizacija za migracije, p. 11.
THE ROLE OF COMMUNITY POLICING 411
and refugee crisis, which has led to the need for an active and coordinated action against this
security threat. As the confrontation with illegal migrations is a closed circle whose beginning
and end coincide in prevention, it is obvious that the reform of the security system must be
conditioned by the transfer of the focus from the previous repressive to preventive action.5 One
way to achieve this is to build and improve access though community policing.
THE BASIC FACTS ABOUT ILLEGAL MIGRATIONS AND THEIR

IMPACT ON NATIONAL SECURITY
Migrations can be defined as “the movement of persons, or groups of persons, across the
international borders, or within the state. It is a population movement that includes any type
of movement, regardless of the length of the road, composition and causes, and includes the
migration of refugees, displaced persons, economic migrants and people moving for other
purposes, including family reunification.”6
Migrations can be classified into several types according to different criteria: necessity, i.e.
are they a matter of personal choice or coercion, voluntary and forced; scope, individual and
collective (group) migrations; basic causes, economic, non-economic and environmental;
motives of migrants, the non-economic migration in order to seek opportunities and migra-
tion for survival; organization, organized and unorganized (spontaneous); time of formation
or order, primary and secondary; the timeframe of migration, on temporary, occasional and
permanent; direction of movement, on one-way or two-way; legality, to legal and illegal. If
migrations take place within one state or across interstate borders, it is possible to distinguish
internal and international migrations.7
The reasons that lead to illegal migrations can be divided into push and pull factors. Push
factors are the reasons why migrants decide to leave their home, country, continent. Push
factors are in fact all adverse circumstances that prevent a normal and safe life. Pull factors
are the benefits and advantages that life provides elsewhere, that is, factors that attract people
to come to the destination country.8
Migrations have become one of the most important security issues in the international
community in recent years. This is because wars and military interventions in North Africa
and the Middle East have caused a large number of migrants leaving their countries to escape
violence and persecutions. In search of a new life, most of them go to the European Union. A
growing number of migrants increased illegal entry into the countries that are on this road,
including Serbia. “In many of these countries, immigration and the arrival of the increasing
number of refugees and asylum seekers have become a top political issue for many state and
non-state actors as well as the general public.”9
Illegal migrations have different implications on national security. Because of their diffi-
cult and vulnerable situation, migrants are often pulled into various criminal activities, either
as perpetrators or victims. In many transit or destination countries cases of violence, criminal
offenses and misconduct committed by migrants have been reported.
5 Mijalković, S., Kriminalističko-obaveštajni rad u prevenciji međunarodnih organizovanih ilegalnih
migracija, NBP, broj 1, Kriminalističko-policijska akademija, Beograd, 2007, p. 90.
6 International Organization for Migration (IOM) - Key Migration Terms, http://www.iom.int
7 More about division of migrations see: Mijalković, S., Žarković, M., (2012), Ilegalne migracije i trgovina
ljudima, Beograd, Kriminalističko-policijska akademija, pp. 18–21.
8 More: Mijalković, S., (2009), Suprotstavljanje trgovini ljudima i krijumčarenju migranata, Beograd,
Službeni glasnik i Institut za uporedno pravo, pp.77–81 i Mijalković, S., Žarković, M., Opus citatum,
pp. 116–120.
9 Gibney, M., (2004), The Ethics and Politics of Asylum. Cambridge University Press, p. 2.
With the first bans and attempts to stop migrations by raising fences and closing migrant
routes, migrants, in a desire for a better and safer life, accept the offers and conditions offered
by organized criminal groups dealing with smuggling and human trafficking. This can lead
to migrants’ participation in various criminal acts, they can be deceived, robbed, become
victims of traffic accidents, remain without financial means, work or sexually exploited, and
even killed.
An even bigger problem of global security, in addition to smuggling and human traffick-
ing, inextricably linked with this form of organized crime, is terrorism, which has intensified
its activities on the European soil with the emergence of a large migrant wave.
Although smuggling and human trafficking, as well as terrorism, are security threats most
talked about, large migrant waves are accompanied by other crimes or offenses. First of all, the
illegal crossing of the state border and entry into the territory of a particular state, breaches
the security of the border of a particular state and jeopardizes its territorial integrity. The big
problem is also the fact that most illegal migrants do not have personal documents, so their
identity cannot be determined, and therefore their security profile is unknown. Because of the
desperate situation in which they find themselves, such as hunger and lack of money, cases
of kidnapping, theft, looting and violent entry into the home of the domestic population by
migrants have been recorded. Of particular concern is the growing number of committed or
attempted crime of rape, in which there is a large number of minors among the perpetrators
and the victims. The cases of murders that have caused the anger of the citizens of the coun-
tries on the path of migration, street protests and even more hatred towards migrants as a
synonym of fear and insecurity of citizens of European countries are also recorded.
A large number of migrants moving unchecked and avoiding state institutions and health-
care, carry with them the danger of spreading various infectious diseases, causing a special
fear and concern among the domestic population.
Not only the domestic population is vulnerable, but migrants themselves are often victims
of criminal offenses. There are many examples of physical violence against migrants by police
officers in countries which they are trying to enter or are already in its territory. Migrants may
be victims of fraud, abuse, looting, sexual exploitation by the citizens of the country of transit
or destination, but also by other migrants, among whom, because of the great tension due to
exhaustion and uncertainty, there are mutual conflicts, fights, and even murders. All of this
creates a bad security situation in a country and creates insecurity among its citizens.
THE BASIC ORIENTATION OF COMMUNITY POLICING

Strategy to counter illegal migration10 in order to achieve the overall goal, which is re-
flected in a significant improvement in effectiveness and increased efficiency in countering
illegal migration, foresees two basic directions of action: proactive and reactive. This Strategy
recognizes the Ministry of the Interior as the entity with the greatest scope of jurisdiction and
responsibilities in countering illegal migration, stating that the cooperation of the police with
citizens and the local community is realized through projects “police work in the local com-
munity” and through direct cooperation, information exchange and assistance, which has
a special significance in the border area. There is a need for information and training about
the problem of illegal migrations police officers who already take part in the project “Police
in the local community”, as well as officers of the Border Police Administration, in order to
intensify direct cooperation with citizens in the border areas with the aim of preventing illegal
migration.
10 “Službeni glasnik RS“, br. 25/09.
Community policing, as a proactive concept with a focus on prevention, logically imposes

itself as one of the indispensable approaches to countering illegal migration.
Community policing is not just a program, a new model of policing, but a completely
new philosophy of police-civic cooperation with the aim of determining the problem, the
needs of the community and harmonious work in identifying these needs.11 It is a proactive
concept focused on crime prevention, based on partnership with citizens (community) and
problem-oriented policing.
Security threats which illegal migrations carry with them bring new challenges to the
community policing concept. There are opinions that this mode of work is too mild in the
fight against terrorism or smuggling and human trafficking as the most frequent and the most
severe consequences of illegal migrations, and that priority should be given to the traditional
way of policing recognizable per the repressive approach and the high degree of militariza-
tion of police officers. Instead of rejecting community policing, it is necessary to find out its
qualities and recognize that this model of police work can become an advantage in the fight
against these threats to national security. “The fact that the police alone cannot successfully
control the crime and that community support is of key importance, must also be taken into
account when it comes to preventing terrorism. ... It is far more likely that police and com-
munity relationships which built on trust and mutual respect will result in early warnings of
terrorist acts.”12
The classic concept of distant police activity which accesses the ethnic community as a
unique collective that does not distinguish an individual suspected of a criminal act (e.g.
a potential terrorist), but the entire community, can only exacerbate the security situation.
This is because it creates a unique front against one another. On the one hand, the police, the
majority public and the media see potential criminals and terrorists in the entire minority
population, and on the other hand all members of the minority group feel that they are stig-
matized, suspected, endangered. In this way, it is difficult to avoid confrontation or even “war”
between us and them.13
By fostering a problem-oriented approach in working with illegal migrants, and “by show-
ing the good will and the desire to help members of the minority community and their fam-
ilies, the police will easier gain trust from not-criminalized members of the community and
encourage them to cooperation.”14
In dealing with illegal migrants, police must strictly adhere to professional labor standards
and “ensure the strong and efficient implementation of anti-discrimination regulations, and
in particular to take steps to encourage reporting of crimes motivated by ethnic hatred and
ensure that they will be fully resolved”.15 Community policing as a model of police work can
contribute to improving relations and building trust between police officers and migrants
through permanent presence, contacts and cooperation with migrants, improving protection
mechanisms, providing assistance, or undertaking other activities aimed at achieving mi-
11 Compare: Nikač, Ž., (2014), Policija u zajednici, Beograd, Kriminalističko-policijska akademija, pp. 48–49.
12 Kešetović, Ž., (2008), Teroristička pretnja i koncept policije u zajednici, Revija za bezbednost, Stručni
časopis o korupciji i organizovanom kriminalu, Beograd, Centar za bezbednosne studije, br. 9, pp. 40–41.
13 Simonović, B., (2007), Rad policije u multietničkoj zajednici, Pregled inostrane literature, moguća
unapređenja u našim uslovima, Revija za kriminologiju i krivično pravo, Beograd, Srpsko udruženje za
krivičnopravnu teoriju i praksu i Institut za kriminološka i sociološka istraživanja, br. 2, p. 88.
14 Simonović, B., (2007), Međunarodni standardi za rad policije u višenacionalnim zajednicama,
Pravni sistem Srbije i standardi Evropske unije i Saveta Evrope, Kragujevac, Pravni fakultet Univerziteta
u Kragujevcu, Institut za pravne i društvene nauke, p. 111.
15 Ibidem, p. 101.
grants’ security. Special attention is paid to working with socially vulnerable groups, such as
women, children, minors, sick people, the elderly, persons with disabilities, etc.16
Community policing cannot be effective if it acts independently, but must function as
one of a series of proactive modalities undertaken against illegal migrations which can only
have effects through synergy. This is because the problem of illegal migrations requires the
resolution of a range of issues of political, social, economic and cultural character outside the
jurisdiction of the police.
It should be noted that the community policing is only part of a comprehensive solution to
the problem of illegal migrations. If implemented with appropriate planning and preparation,
community policing can provide a tangible and lasting contribution to broader strategic efforts
in preventing the most serious negative effects of illegal migrations, such as terrorism, smug-
gling and human trafficking. However, “policymakers and police leaders must have realistic
expectations of the results that community policing can accomplish in response to what is often
considered a problem of low frequency, high complexity and multi-dimensionality”.17
SOME POSTULATES AND MODALITIES OF COMMUNITY

POLICING AGAINST ILLEGAL MIGRATIONS
In order to effectively and efficiently deal with illegal migrants through community po-
licing, first and foremost the concrete threats to national security by illegal migration must
be considered, as well as the roles of the police and ways to tackle these threats within this
concept identified.
The basic principles of community policing can also be applied in the case of illegal mi-
grants, and the key strategies for their implementation in practice include: the introduction
of visible and easily accessible police officers and police facilities; the increased presence of
police officers in the city, in the streets and in all other places where migrants are accom-
modated, where they gather, move or stay; introduction of a proactive approach to problem
solving; visiting the migrants to the accommodation centers or the places where they gather
in order to inform them on security issues; enhanced police control of vulnerable places;
elaboration of rules and observance of procedures reflecting international human rights stan-
dards; involvement of all government agencies and services. Working with migrants requires
a wider range of skills such as communication, trust building, mediation in conflicts, creativ-
ity in resolving security issues, human rights and gender equality awareness, the fight against
stereotypes and the collection of information, etc.18
It is necessary to build trust not only between migrants and police officers, but also be-
tween migrants themselves, as well as migrants and the community. Building a relationship of
trust with migrants can make it possible to establish contact with groups or individuals who
are distrusted, marginalized or avoid contact with government structures and the public. This
16 Ristović, S., (2016), The Public as a Condition for Establishing and Functioning of Community Policing,
International scientific conference „Archibald Reiss Days“, Thematic conference proceedings of international
significance, Tom II, Volume II, Academy of Criminalistic and Police Studies, Belgrade, p. 209.
17 Sprečavanje terorizma i borba protiv nasilnog ekstremizma i radikalizacije koja vodi ka terorizmu:
Pristup putem rada policije u zajednici, Beč, Organizacija za evropsku bezbednost i saradnju, 2014. p. 91.
18 More: Ristović, S., Policija u zajednici i suprotstavljanje savremenim oblicima kriminaliteta,
Zbornik sa naučno-stručnog skupa sa međunarodnim učešćem „Suprotstavljanje savremenim oblicima
kriminaliteta – analiza stanja, evropski standardi i mere za unapređenje“, Kriminalističko-policijska
akademija, Fondacija Hans Zajdel, Beograd, 2015, pp. 106–109 i Sprečavanje terorizma i borba protiv
nasilnog ekstremizma i radikalizacije koja vodi ka terorizmu: Pristup putem rada policije u zajednici,
Opus citatum, pp. 87–88.
is even more important if such people are witnesses or victims of problematic situations or
even participants of illicit, violent events. The police must be ready to provide personal secu-
rity to people who cooperate with it, and may be rejected by their community, or exposed to
threats, intimidation and attacks. Such police activities must be “based on community knowl-
edge and understanding of its dynamics, open and inclusive dialogue with different commu-
nity members.”19
The seriousness and diversity of the problems caused by illegal migrants require a mul-
tiagency approach as one of the modern forms of the community policing. A multiagency
approach to problem solving is the operationalization of the basic idea of the community
policing that the police cannot solve problems that often exceed its jurisdiction. Police of-
ficers are expected to have an initiative and be creative in solving the problem, which at the
same time encourages partnership with other institutions and enables better utilization of
their professional potentials. It must not be forgotten that illegal migrants are a heterogeneous
group of people with different needs and as such require planned and tailor-made approach.
Police officers involved in work with illegal migrants must undergo additional, special hu-
man rights training related to this category of persons. Also, knowledge of national legislation
and the existing policy related to illegal migration is necessary: understanding the phenome-
non of migration, and especially illegal, criminal offenses of human trafficking and terrorism,
then violent extremism, including the conditions leading to them, etc. Special education is
preceded by raising the awareness of police officers on the rights of migrants and their needs.
This presupposes not only a good knowledge of the provisions of the Constitution, interna-
tional documents and human rights law, but also their adequate application in practice. The
most important is that specialized training is focused on the operational approach, i.e. it is
practically applicable.
In addition to the knowledge, skills and credibility necessary for a police officer to be
part of a community policing team, knowledge of a foreign language, knowledge of culture,
religion, customs, value systems and lifestyles of different ethnic communities belonging to
illegal migrants is desirable, but possessing conflict management skills and various commu-
nication skills.
Given that migrants are far from their own country, frightened, distrustful, misinformed,
establishing a communication with them requires a special commitment of police officers,
who must demonstrate sensitivity, perseverance, communication skills, etc.
When communicating, police officers must be professional, interested and patient, and
must act without prejudice. Only in this way the relationship of trust between police officers
and the migrants will be established, which will condition the obtaining of security-relevant
information. By increasing the number of contacts between the police and illegal migrants,
police can obtain information about the persons who are the source of the problem or the
persons who are in trouble. In this way, the police get the chance to react in the very moment
of occurrence of danger or problems that can cause criminality. It is a more efficient way of
accessing operational or strategic information than the classic forms of police intelligence
activities, especially when it comes to illegal migrants who represent closed groups and where
it is difficult to penetrate with the classical operational penetration measures.20
In preventing the threat of security by illegal migrants, it is necessary to increase the flow
of information, especially in terms of quality and diversity, which migrants themselves will
voluntarily deliver to the police in support of their actions. The system of exchanging and
Pristup putem rada policije u zajednici, Opus citatum, p. 104.
20 See: Simonović, B., (2007), Međunarodni standardi za rad policije u višenacionalnim zajednicama,
Opus citatum, p. 111.
monitoring information between migrants and the police must be well established because
it depends on them planning further measures and actions in the field of security. The po-
lice should, in the exchange of information or obtaining useful security data, include a large
number of illegal migrants in terms of ethnic, cultural and religious affiliation, age, gender,
etc. Channels and mechanisms for the exchange of information can be: determining patrols
that regularly visit areas where they are moving or finding illegal migrants; organizing public
meetings; sharing of informers, brochures, etc.; use of electronic and other media to provide
important information to migrants; then, the Internet and social networks.
It is necessary to create a coherent system for collecting and analyzing data related to
migrants, or obtained from the migrant. Policing based on intelligence and community po-
licing are complementary, but different approaches. Intelligence can appear as a by-product
of effective community policing where the public has gained confidence in the police.21 “The
obtained information through the analytical and statistical analysis must be transformed into
the prognosis of further trends in illegal migrations, on the basis of which preventive and re-
pressive activity can be planned, i.e., required normative, organizational, personnel, material
and technical capacities.”22
One way to reduce the fear in the community from migrants, as well as the destruction
of prejudices and stereotypes about them, can be achieved through means of public media,
printing brochures, informers, etc., which will be easily accessible or distributed in those plac-
es where the frequency of migrants is the largest and where citizens feel the most vulnerable.
Media greatly influences the formation of public opinion, and is expected to promote toler-
ance, empathy, acceptance of diversity and encourage the exchange of information.
It is necessary to include a larger number of actors (both state and non-state) in aiding
migrants, in particular victims of human trafficking and other crimes. Particular attention
should be paid to creating support programs for women and children. When necessary, the
police should send migrants in services, which can provide them with legal, medical, psycho-
logical or other assistance, and so on.
The concept of community policing cannot function independently in the fight against il-
legal migrations, but it can be effective if, with all its forms and manifestations, it is embedded
in a comprehensive strategy for the management of illegal migrations.
CONCLUSION
The concept of community policing has been recognized as a model of policing that can
give good results in countering crime and is increasingly emphasized in the public and points
to the importance of this type of policing. The advantages of this concept are also indicat-
ed when it comes to illegal migrations as a threat to national security. Community policing
should be implemented independently of the current threats to endangering national securi-
ty, in this case illegal migrations, and should represent the true implementation of the dem-
ocratic work of the police. In addition, one should not forget that community policing is not
a concept that can function successfully on its own. It should be part of a comprehensive,
coherent strategy to combat crime, including its most seriously organized forms, which more
and more are identified with illegal migrations.
Given that the solution to the migrant crisis is not visible, the security situation will con-
tinue to be unstable, with indications that it will worsen even further with the emergence of
Pristup putem rada policije u zajednici, Opus citatum, p. 106.
22 Mijalković,S., (2007), Opus citatum, pp. 90–91.
new migrant waves, and, in that sense, it is necessary to achieve the cooperation of all security
factors and to make the most of the benefits offered by the community policing.
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2. Gibney, M., (2004), The Ethics and Politics of Asylum. Cambridge University Press.
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nizovanih ilegalnih migracija, Nauka Bezbednost Policija, broj 1, Kriminalističko-polici-
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Službeni glasnik i Institut za uporedno pravo.
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ističko-policijska akademija.
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apređenje“, Kriminalističko-policijska akademija, Fondacija Hans Zajdel, Beograd, pp.
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istic and Police Studies, Belgrade, pp. 200–211.
13. Simeunović, D., (2015), Migracije kao uzrok političkih anomalija u Evropi, Nauka Bezbed-
nost Policija, br. 3, Kriminalističko-policijska akademija, Beograd, pp. 1–16.
14. Simonović, B., (2007), Međunarodni standardi za rad policije u višenacionalnim zajedni-
cama, Pravni sistem Srbije i standardi Evropske unije i Saveta Evrope, Kragujevac, Pravni
fakultet Univerziteta u Kragujevcu, Institut za pravne i društvene nauke, pp. 95–112.
15. Simonović, B., (2007), Rad policije u multietničkoj zajednici, Pregled inostrane literature,
moguća unapređenja u našim uslovima, Revija za kriminologiju i krivično pravo, Beograd,
Srpsko udruženje za krivičnopravnu teoriju i praksu i Institut za kriminološka i sociološka
istraživanja, br. 2, pp. 75–97.
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ESTABLISHING DEMOCRATIC AND CIVIL
CONTROL OF SECURITY SERVICES
Radojica Lazic, Ph.D.
National Security Academy, Belgrade
Abstract: At the beginning of the 21st century, a change of global security environment
in modern states has given rise to increase of threats, such as proliferation of weapons
of mass destruction, terrorism, international organized crime, human trafficking and
illegal trade of goods subject to control, mass migrations, money laundering, etc. These
threats produce new challenges with regard to functioning of national security systems,
and this naturally reflects on new complexities in establishing valid mechanisms for
their control. In such circumstances security and intelligence systems must adjust to
new situations to improve their efficiency.
This paper deals with the ways for establishing necessary mechanisms for democratic
and civil control of security services.
Key words: state, democracy, national security, security services, security challenges,
civil control
INTRODUCTION
Terrorist attacks conducted at the beginning of the new millennium, especially those
“from September 11 2001, have intensified discussions concerning tendencies leading to a
decrease of transparency of security services and weakening of the already too obscure and
unclear system of public control”.1
Concerning the work they are doing, security services should be subjected to appropriate
democratic and civil controls. The analysis of this complex social phenomenon quite justi-
fiably raises the following question: Is there a universal, generally acceptable and applicable
model for their control? Many researchers have tried to find the answer to this question. Still,
almost all of them agree on one thing: there is no unique or generally applicable model for
democratic and civil control of security services.2 In principle, there are only general models
and starting principles which may be common for all security services of the world.
For effective control and oversight, laws are not sufficient. Efficient and clear ways and
procedures must be established for interpretation and implementation of adopted laws, as
well as a defined relation between the normative and the real.
Regardless of the dominant form of control in democratic societies, most scientists and
researchers agree that executive and judicial authorities control security services activities in
most countries. Each control segment has its specific role and makes just a part of the sys-
tem of control, responsibility, supervision and oversight, whose purpose is to ensure legality,
1 Andrzej Karkoszka, “Security Sector Reform - the Concept, Its Political Usefulness and Growing
Importance”, in: Setting the 21st Century Security Agenda, Peter Lang publ., Bern, Switzerland, 2003, p. 84.
2 More about this: Intelligence Practice and Democratic Oversight - A Practitioner’s View, Occasional
Paper 3, DCAF-Intelligence Working Group, Geneva, July 2003, p. 37.
420 Radojica Lazic
proportionality and integrity of activities which security services by the nature of their work
performed secretly.
Based on constitutional and legal powers, elected authorities are responsible for function-
ing of security services. The main problem appearing in this chain is the “transparency-se-
crecy relation”. Hence the question: How to ensure efficient democratic and civil control over
security services without violating the “principle of secrecy” as one of the main postulates
their activities are based on?
Because of the very activities these services perform, which are of sensitive nature, respon-
sible structures try to isolate them from political abuse, especially from abuse by executive au-
thorities. Generally, solutions adopted by most democratic countries deal with this problem
in two ways - first, by balancing of rights and obligations, and establishing of the system of
responsibilities between security services and ruling political elites, and second, by creation
of effective mechanisms and ways for control and checkup outside the domain of executive
powers.
PROCESSES WHICH CONTRIBUTED

TO STARTING OF REFORMS
It could be reliably said that up until mid-70s of the 20th century there was no control over
security services in most European countries, as well as the U.S.A., Canada AND Australia,
by legislative and judicial authorities. Indeed, in almost all democratic countries of the time it
was believed, and was so in practice, that that was the exclusive right of executive authorities.
Such services have in many countries, such as the U.S.A., Canada, Australia, Great Britain,
FR Germany, France, and even SFRY, functioned based on enactments or decrees of executive
authorities (most frequently of confidential character).3
For instance, the implementation of parliamentary oversight of national security services
in FR Germany began in 1978,4 while in most other West European countries (apart from
Holland, where a kind of external oversight was introduced as early as 1952), as well as in
Canada and Australia it was introduced in the 1980s, in Great Britain only in 1994.5
The end of the Cold War and the disappearance of bipolarity in international relations
present a new phase in the development of control mechanisms and oversight of security
services which began to be implemented in post-communist and post-conflict societies. It
especially related to the countries which appeared through dissolution of the former Soviet
Union. Many of them, especially those in East and South-East Europe, have reformed their
intelligence and security services with encouragement and support by western democracies
putting them, some of them for the first time, within legal framework under the oversight by
executive, legislative and judicial authorities.
These processes brought about new dilemmas in redefining the concept of security, since
they have moved security and security studies in Europe and the U.S.A. from the principal
care for survival of the state (hard-line approach) to the care for economic welfare and overall
prosperity and, most importantly, putting an individual in the centre of attention (soft-line
3 In SFRY that was the Regulation on the work of State Security Service.
4 Based on the Law on Control of Intelligence Activities and the Law on Control Bodies from April
11 1978. For more on this see: Andreja Savic, Mladen Bajagic, World Security - From Secrecy to Public
Character (second amended and supplemented edition), College of Internal Affairs, Belgrade, 2005, p.
180-181.
5 Intelligence Service Act 1994, Chapter 13, 10, 26, May 1994
ESTABLISHING DEMOCRATIC AND CIVIL CONTROL OF SECURITY SERVICES 421
approach).6 Asymmetric threats to security, such as terrorism and organized crime, i.e. social
instability, economic problems, problems regarding migrations, environmental threats, pan-
demics of contagious diseases and other phenomena and processes have especially contribut-
ed to actualization of the “soft-line” approach to security; in the traditional concept of “hard-
line” approach to security they were not recognized as security processes and phenomena.
In most East-European countries partial reforms7 were implemented in extremely diffi-
cult circumstances of post-communist transitions. Newly established political regimes and
institutions, as well as democratic values and norms which corroborate them were fragile.
Comprehensive and speedily implemented political changes and the performed lustration
processes mainly recruited non-professional staff not able to implement the started chang-
es. A special focus in these processes related to loyalty to post-communist authorities and
animosity toward the previous regime. In many cases this resulted in a loss of institutional
capacity, internal divisions in security services and deep and often non-constructive politi-
cizations among employees. In order to ensure legal basis, legal provisions were often copied
in an uncritical, unsystematical and even contradictory way, or they were unprofessionally
improvised from the legislature of developed democracies.8 These problems were even more
aggravated by the lack of a democratic culture. A number of previous members of security
services who lost their jobs found jobs in private companies dealing with security activities.
These phenomena resulted in forming a parallel security sector,9 which created serious prob-
lems for newly-formed services in these countries.10
Transition was in process in post-communist countries of Central and East Europe in the
late 90s of the 20th century, and one of its priorities was depolicitization of political power
instruments and introduction of democratic and civil control of intelligence services. At the
same time the processes linked with post-conflict stabilization and reconstructions were going
on in the Third World countries, where attention was turned to issues concerning functioning
of the system. A joint trait of such developments is the creation of structures and mechanisms
via which legitimate political authorities should be able to govern security institutions.
The terrorist attack on the U.S.A. targets from September 11 2001 may be marked as an-
other important moment for further development and reform of security-intelligence ser-
vices. Because of the terrible U.S. experience, most countries had to reorganize their security
systems including intelligence services according to new security threats (terrorism and the
increasing organized crime, proliferation of weapons of mass destruction, human and drug
trafficking, migrations). In such circumstances, security services were granted broader pow-
ers, especially in implementation of measures, methods and procedures which are in direct
collision with the proclaimed principles of human rights and freedoms.11
6 For more on this see: Richard Cohen and Michael Mihalka, Cooperative Security - New Horizons for
International Order, George C. Marshall Center, 2005.
7 Тhe term “Reform of the Security Sector” was first used in 1998 in the British Parliament by Clara
Short, Labour MP and the Minister of Development. This concept was later elaborated by British
scientists from the Royal College in London and the Bradford University (Michael Clark, Anthony
Forster, Owen Green, Timothy Edmunds, Malcolm Chalmers, Dylan Hendrickson, et al.).
8 Baltic countries may be taken as an example, since they have taken over the model for full legislative
solutions in the security sector from western democracies. Still, they had serious problems, since most
of these solutions could not have been applied and fit into their national framework.
9 Тhere were such examples in Bulgaria, Romania, Checkoslovakia and some countries from the former USSR.
10 This is also discussed, under para 63, in the Venice Commission`s Report, adopted at the 71st plenary
meeting in Venice on June 1-2, 2007. It is available at: http://www.venice.coe.int/docs/2007/CDL-
AD(2007)016-e.asp.
11 For instance, citizens of Switzerland, at the referendum held on September 25 2016, supported the
law on eavesdropping and surveillance of electronic mail in that country, while German Bundeswehr
adopted on October 21 2016, a set of laws relating to the reform of BND, and larger powers in surveillance
of electronic communications, and also establishing of new control mechanisms.
422 Radojica Lazic
Besides, many countries faced with the new forms of security threats and the fact that they
cannot confront them in previous fashions were forced to start a broad exchange of opera-
tive intelligence data and information with countries from all over the world. International
cooperation in the field of timely identification of potential security threats has, after the
above mentioned terrorist acts, received a brand new and extremely important dimension.
However, the data obtained through the cooperation with foreign partner services are subject
to appropriate rules based on respect of adopted agreements and procedures on exchange of
such data and information.12
If intelligence services are given too much power for acting in the interest of “ensuring
peaceful and prosperous life and welfare in a certain social community”, then quite justifiably,
the need arises for establishing new and even more efficient procedures and mechanisms for
control of such powers.
In order to be effective, services use secret means and methods. Democracy, however,
strives for transparency in performing of public offices and requires strict respect of human
rights and freedoms. “Although they exist to protect security and property of citizens and
their political communities, in such circumstances there is a risk for the services themselves
to become a potential source of threat”.13 In order to prevent this, the governing political elites
establish a complex and complementary system of procedures and control mechanisms.
This is aimed at ensuring subordination of security services to civil authorities and the
public interest. Such a system of democratic and civil control has today been accepted as
a necessary attribute of a democratic regime. It is incorporated in constitutions of modern
states14, and relies, beside own legal acts among other things, on numerous international doc-
uments.15
IMPORTANCE OF DEMOCRATIC
AND CIVIL CONTROL
Through history there were many cases of power abuse by institutions of state author-
ities. Most often this relates to armed forces, as the strongest instrument of power which
“broke away” from control. Modern age has brought about gradual strengthening of other
institutions, such as the police, and especially security services. Parallel with this strength-
ening, there was a threat that the said institutions may perform abuses; for instance, violent
overthrowing of governments is an extreme demonstration of mingling of power instruments
into state functioning. There are also other typical cases, such as influencing the political life,
discrediting of internal opponents, or realization of special financial or economic benefits.
12 For instance, thus obtained data may not be passed on to other security services. Their keeping is
regulated by certain laws and by-laws. In some countries parliamentary boards for control of work
of services are not allowed access to such data, such as in Canada and Australia. The members of the
Security Services Control Committee of the National Assembly of the Republic of Serbia, based on the
Law on Bases for Regulation of Security Services, cannot “ask for data and information obtained via
exchange with foreign services and international organizations” from security services. For more on this
see: The Law on principles of regulation of security services of the Republic of Serbia, “Official Gazette
of RS”, no. 116/07 and 72/12; Radojica Lazic, Control of Security Services in Serbia, National Security
Academy, JP “Sluzbeni glasnik”, Beograd, 2014, pp.88-91.
13 Hans Born, Democratic and Parliamentary Оversight of the Intelligence Services, Practices and
Procedures, Working Paper Series, no. 20, Geneva, May 2002.
14 See: Article 99, para 1, item 6 of the Constitution of the Republic of Serbia.
15 See the review of the most significant international documents on this topic in: Hans Born, Ian Leigh,
Making Intelligence Accountable: Legal Standards and Best Practice for Oversight of Intelligence Agencies,
DCAF, University of Durham, Parliament of Norway, 2005.
The dominant role of some institutions in the political system has given rise to social crises
and spreading of negative phenomena such as corruption and “clientelism”.
Democratic and civil control and public oversight of governmental bodies is a prereq-
uisite for a democratic system and functioning of market economy. The first crucial task of
these mechanisms is to prevent manipulation of power instruments by political groups trying
to realize their particular interests. The second crucial task is to disable potential abuses of
these institutions by their members or their heads and leaders. Based on these facts, civil so-
ciety and democratic state create a complex of formal relations and informal rules in order to
ensure accountable and transparent functioning of the total power apparatus. In traditional
democracies and countries which are in process of democratic transformation, one rule ap-
plies - mechanisms of political control and public oversight of armed forces, the police and
security services, are prerequisites for an efficient state governing and for the development of
a civil society.
In the past forty years one question has constantly been raised: how to establish democrat-
ic and civil control of security services. In principle, there were two main reasons for these
changes.
In countries of the so-called “old” democracies (North America, West Europe, and Aus-
tralia), the principal incentives for changes of security services way of work were scandals in-
volving their abuse of powers and rights. Indeed, this served as the motive for parliamentary
and judicial enquiries, which have resulted in adoption of new laws and establishing of new
mechanisms for control of national security services.
The most famous investigations of illegal activity and violation of powers by security
services in this period were the U.S. Congress enquiries in 1975 and 1976.16 They investigated
the violation of powers by U.S. security services (primarily the FBI and CIA). They resulted in
forming of (previously non-existent) new control bodies both in the Senate and the House of
Representatives.17 The similar situation had in Canada given rise to the enquiry (1977-1981)
on illegal steps of the Canadian security agency (RCPM - Royal Canadian Mounted Police),
which was entrusted to McDonald’s Commission.18 In Australia, because of abuses and the
violation of powers which were shaking this country in the 80s concerning the work of the
national security service (1976-77, 1984-85), parliamentary enquiries were conducted.19
16 The Board presided by senator Church (Church’s Board) tried to apply the “criminal standard”
on domestic intelligence work limiting investigations by a domestic intelligence service to situations
where the Law is violated or is about to be violated. The U.S.A. adopted the criminal standard after
Church’s Board established there had been many cases when the White House instructed the FBI to
investigate U.S. President’s political opponents. The report was never presented to the public. Pike’s
Comittee (headed by senator Pike) was founded for the purpose of conducting public investigations on
activities of the U.S. intelligence services relating to abuses and ommissions in work,. On June 19 1976,
the Comittee had adopted conclusions relating to omissions in the work of security services.
17 In the Senate, through the Senate Select Committee on Intelligence (founded in 1976) and the Senate
Select Committee to Study Governmental Operations with Respect to Intelligence Activities (founded
on January 27 1975), and in the House of Representatives through the Permanent Select Committee for
Intelligence Activities (founded on February 19, 1975).
18 The Commission was founded on July 6 1977. During its mandate (1977-81) the Commission made
three reports: “Security and Information” (November 26 1979), “Freedom and Security according to the
Law”, 2 volumes (January 23 1981), and: “Certain R.C.M.P. Activities and the Question of Governmental
Knowledge” (May 15 1981). The addition to the third report was published on January 30 1984. The
Commission’s reports recommend obliging the police to abide by the Law, and previous judicial
authorization for opening of private correspondence and mail. Its main recommendation was to remove
intelligence activities from the Royal Canadian Mounted Police and to form a new civilian intelligence
service. This recommendation resulted in founding of the Canadian Security-Intelligence Service at the
beginning of 1984.
19 The enquiries contributed to adoption of new laws and establishing of firmer mechanisms for control
of legality in actions.
424 Radojica Lazic
These investigations resulted in adoption of new laws (Canada and Australia), dissolving
of an intelligence service within RCPM (Canada), forming of new parliamentary control bod-
ies (U.S.A., Canada, Australia) and establishing of new procedures for control of legality of
operations by parliaments, governments and courts. In some countries (e.g. Canada) this pro-
cess also accelerated forming of some other control institutions (independent commissioner
for enquiries of security services actions), etc.
In other parts of the world this move was central and sometimes painful aspect of democ-
ratization of the previous authoritative civil and military regimes. For instance, Franco’s death
in 1976 had accelerated the process of democratization in Spain, which also implied demili-
tarization of security services. Military government in Brazil ceased to exist in 1985, while its
National Intelligence Service (SNI) was within the framework of continual demilitarization
process replaced only in 1990. In addition, a radical transformation of security services was
performed in the South African Republic in 1993 and 1994. Since 1989, the main examples of
this transition have been countries of the Warsaw Pact.20
While scandals and processes of democratization were incentives for changes in regu-
lating operations and control of security services, the main accent in reform processes was
on achieving a higher degree of legality in work. In this sense, the focus was on obtaining
effective intelligence, while the general direction of changes was toward better control and
increased accountability of services. Thus, a danger was avoided for them to be, as they previ-
ously were, oriented toward surveillance of political opponents.21
Democracy in this case implies civil prevalence in governing “the institutions entitled to use
force” - anything less than this determines it as incomplete democracy.22 But what does demo-
cratic and civil control exactly mean and how can we define it? Generally speaking, we regard
the state system of democratic oversight as the product of its governing system, its politics,
history and culture. Besides, since there are many different cultures and political systems, there
are also many different norms and practices of democratic control. “Accordingly, be it good or
bad, there is not just one normative model of democratic oversight. There are several models, of
which some seem to contradict others.”23 Bearing this in mind, a question arises quite justifiably:
how can the democratic and civil control be defined in term and in substance?
DEFINITION OF TERMS “CONTROL”

AND “OVERSIGHT”
In the last 20ish years a lot of literature has appeared on democratic and civil control of
intelligence services with many different approaches and interpretations in defining of terms,
which indicate the role of governmental and non-governmental actors in intelligence services
activities, and thus establishing of democratic and civil control. All these concepts, no matter
20 The Warsaw Treaty or the Warsaw Pact, officially named the Treaty on Friendship, Cooperation
and Mutual Assistance, was a military organization of Central European and East European socialist
countries. It was established on May 14 1955 to fend a potential NATO (created in April 1949) attack.
Creation of the Warsaw Treaty was caused by inclusion of the again armed West Germany in NATO
according to the Paris Pact. It was officially dissolved in July 1991. Its members were: USSR, Bulgaria,
Romania, Hungary, Poland, Czechoslovakia, Albania (left in 1968), and DR Germany (left in 1990).
21 See about this in: Piter Gill, Democratic and Parliamentary Accountability of Intelligence Services after
September 11, Geneva Centre for the Democratic Control of Armed Forces (DCAF), Working Paper No.
103, Geneva, 2003.
22 See: Edward N. Lutwak, From Vietnam to Desert Fox: Civil-Military Relations in Modern Democracies,
Survival, volume 41, 1999, no. 1, p. 99.
23 See: Hans Born, Democratic Oversight of the Security Sector: What Does it Mean? DCAF, Working
Paper no. 9, Geneva, April 2002, p. 1.
how different, contain the syntagm “democratic and civil” and relate to democratic and civil
control of operations of the security sector, and thus the intelligence services.
Control in the broadest sense implies assessment of achieved results. In a narrow sense,
control implies special activity of secret monitoring of realization of set tasks, and comparison
of realized results with the set goal with a possibility of correction in case of deviation. Based
on this, we can say that control presents a permanent activity of monitoring and assessing the
work of others. With regard to control, the term oversight imposes in practice and presents a
synonym for the term control, but these two terms are quite often used with different meanings.
The term oversight is most often defined as: supervision, taking care of someone or some-
thing, service and taking care of preserving of order, laws, performing of jobs, etc. In English
language several terms are used for designating oversight - supervision, custody, care, but also
the terms control and inspection.24 In French language, several terms are also used for desig-
nating oversight - surveillance, garde, controle, gardiennage, inspection.25
Both oversight and control imply subordination of their executors. Both phenomena have
a certain object and include influence of the supervisory, control body on the person under
oversight, i.e. control.
In our theory and practice there is no unique stance which of these two terms is more
correct for use. Because of that, quite understandably, it is acceptable to use both.
INTERNATIONAL STANDARDS
FOR DEMOCRATIC AND CIVIL CONTROL
Most countries from the area of East and South-East Europe started transition processes
without having either democratic or social or politically established tradition of democratic
and civil control of the security sector.26 For this reason there were no sufficient or quite clear
legal presumptions for reform of security services, of which democratic and civil control was
just one but essential component. If we take into consideration the international law, it has not
offered a lot either with regard to providing and defining of principal guidelines for defining
and establishing of new mechanisms.
The earlier documents of the international character, starting from the UN Charter, the
Council of Europe’s documents, the OSCE, as well as numerous international agreements and
various conventions do not mention democratic and civil control at all. True, the first such
political document was adopted at the meeting of the OSCE member countries in Budapest on
December 3 1994, entitled “The Code of Conduct of Politico-Military Aspects of Security”.27
24 According to the dictionary of legal terms, supervision has three meanings: oversight, superintendence,
monitoring, the term custody also has three meanings; safekeeping, guardianship and superintendence,
while the term care designates safekeeping, observation and caring.
25 According to the dictionary of legal terms, surveillance has three meanings: custody, oversight,
superintendence, the term garde also has several meanings: safekeeping, guardianship, superintendence,
care; while the term gardiennage has two meanings: safekeeping and superintendence.
26 See: Valery Zorkin, “European Commission for Democracy through Law (Venice Commission)”,
Comments on Democratic Oversight of Special Services in Eastern Europe, Strasbourg, May 10 2007, Study
no. 388/2006.
27 The document is political and binding for all member countries and its goal is, as stated in Chapter
7, para 21, that “at all times it ensures and maintains efficient leadership and control of its military,
paramilitary and security forces, based on the constitutionally established bodies of authority which
have a democratic legitimacy” and points out that “all participant countries are obliged to establish
control mechanisms which shall ensure that the bodies of authority are fulfilling their constitutional and
legal obligations”, and that “they (the states) shall clearly define roles and tasks of these forces and their
obligation to act exclusively within the framework of the constitution”.
426 Radojica Lazic
This document emphasizes the importance of establishing democratic and civil control
over all institutions entitled by the law to use force and requires the member states to ““con-
sider democratic political control of military, paramilitary and internal security forces, as well
as intelligence services and the police, as a necessary element of stability and security”.
At the time when interest for democratic and civil control of security services started to
increase, there was no universal theoretical model for this. A multitude of literature on this
topic appeared around the world in this period. At various gatherings, scientists and practi-
tioners were trying to define the key actors, mechanisms and procedures for establishing civil
control.
In theoretical sense, according to some researchers, the idea originates as early as from
ancient Greek classical philosophers and the famous Plato’s question: “But who will guard the
guardians?”. An important starting point could be in the study “The Soldier and the State”
(1957) by Samuel Huntington,28 who introduces division on subjective and objective civil
control. General Karl von Clausewitz, in his famous work “On War”, gave a theoretical expla-
nation of civil control, i.e. that “a soldier must accept the standpoint that politics is a ‘repre-
sentative of all interests of the total society’ and must obey it as such”.
Moreover, the most important international institutions, such as “the Organization for
Economic Cooperation and Development (OECD)29, United Nations Development Program
(UNDP), Organization for Security and Cooperation in Europe (OSCE), Parliamentary As-
sembly of the Council of Europe (PACE) and Inter-parliamentary Union (IPU), expressively
and without exception, believe that intelligence services must be subject to democratic prin-
ciples of accountability checks”.30
Parliamentary Assembly of the Council of Europe got involved in establishing of legal
standards in this field adopted in April 1999, an important Recommendation on Control
of Internal Security Services in the Council of Europe’s member-countries.31 This document
states that “internal security services must follow the European convention on human rights
and basic freedoms”, and that “each deviation of operative activities of security services from
the Convention must be approved by the law”. In this sense, there is a clear recommendation
that “legislative authorities must adopt clear and comprehensive legal norms which set inter-
nal security services within the legal framework”.
In February 2003, this institution had adopted the Proposal for Recommendation on
Democratic Oversight of the Security Sector in the Council of Europe’s Member-Countries;32
and finally, it adopted the Recommendation on Democratic Oversight of the Security Sector
in the Council of Europe’s Member-Countries at the meeting in June 2005.33 In addition, the
European Commission for Democracy through Law (better known as the Venice Commis-
sion) adopted the Report on Democratic Oversight of Security Services in June 2007.34
28 This study was translated and published in Belgrade in 2004, under the title: A Soldier and the State -
Theory and Politics of Civil-Military Relations, by the Center for Studies of South-East Europe, Faculty of
Political Sciences and the Diplomatic Academy of the Ministry of Internal Affairs.
29 Guidelines and instructions by the Development Assistance Committee (DAC) titled “Security
System Reform and Governance” from 2004 state: “Security system should be governed by following
the same principles of accountability and transparency valid in the whole public sector, especially with
greater civil control of security procedures”.
30 See: Hans Born, Ian Leigh, Making Intelligence Accountable: Legal Standards and Best Practice for
Oversight of Intelligence Agencies, op. cit., p.13.
31 See: Parliamentary Assembly of the Council of Europe, doc. 1402 from April 26, 1999.
32 See: Parliamentary Assembly of the Council of Europe, doc. 1712 from February 13, 2003 - Proposal
for Recommendation.
33 See: 23rd meeting of the Parliamentary Assembly of the Council of Europe, doc. 1713 from June 23, 2005.
34 The Report was adopted at the 71st plenary meeting of the Venice Commission in Venice on June 1-2,
2007. The text is available on: http://www.venice.coe.int/ docs/2007/CDL-AD(2007)016-e.asp.
PRINCIPLES OF DEMOCRATIC AND CIVIL CONTROL

AND GOOD GOVERNANCE OF SECURITY SERVICES
As said previously, democratic and civil control of activities of national security services
derives from the principles of respect of the rule of Law, based on the principles of constitu-
tionality and legality.
The principle of constitutionality and legality is one of the basic principles based on which
all forms of control mechanisms for security services function. States are organized on the
principles of the rule of law. That is why behaviour of all subjects in performing of state au-
thority is based on the constitution and the laws.
Legal framework for such control is provided in the Constitution of the Republic of Ser-
bia as well (Article 99, para 1, item 6),35 while special guarantees are contained (according
to internationally adopted standards) in the provisions on human and minority rights and
freedoms36 and on organization of power.
Control and oversight of security services in the Republic of Serbia are implemented by
parliamentary, executive and judicial authorities, but also by independent governmental bod-
ies (Commissioner for Information of Public Importance and Personal Data Protection, Om-
budsman, State Audit Institution, general inspectorates, budget inspections, etc.). Internal
control of the legality of operations within the services is performed by internal bodies (se-
curity protection of employees, internal auditors and budgetary controllers, and the general
inspector, in case of military services).
Special forms of control are realized by institutions of civic society (expert teams, non-gov-
ernmental organizations, citizens associations, etc.) and the public.
Established control and oversight of security services operations may also be character-
ized as the prerequisite for “good governance”37 for the rule of law. Today, it is defined as
democratic and civil control of the security sector.
Good governance of security services relies on several factors of which the most important
one is: efficient directions by executive authorities enabling a high degree of independence and
operative independence in work in order to avoid potential politicization. Besides, “it relies on
high professional standards and the awareness of their members that they should act within the
framework of national interests, the rule of law and the highest democratic values and standards”.38
Apart from this, functioning of democratic and civil control over security services is re-
alized by following these principles: subordination and accountability of security services to
elected authorities; impartiality; political and interest neutrality; obligation of security ser-
vices to inform the public on performance of their tasks; obligation of controllers to inform
the public on results of controls; professional responsibility and operative independence of
members of security services in performance of set tasks; accountability of managers of ser-
vices for the work of services; as well as competency, purposefulness and opportuneness of all
types of control, etc.
35 According to which the National Assembly of the Republic of Serbia “oversees the work of security
services”.
36 “Universal Declaration on Human Rights“ was adopted and proclaimed by the Resolution 217 (III)
from December 10 1948, of the UN General Assembly; the European Convention for Protection of Human
Rights and Basic Freedoms, adopted by the Council of Europe in Rome on November 4, 1950, which came
into effect on September 3, 1953, and “Framework Convention for Protection of National Minorities“
adopted at the Ministers Committee of the Council of Europe on November 10 1994 in Strasbourg.
37 World Bank, Management: World Bank’s Exeprience, Washington, 1994.
38 See: Radojica Lazic, Control of Security Services, National Security Academy, JP “Sluzbeni glasnik”,
op.cit., p. 34.
428 Radojica Lazic
CONCLUSION
Democratic and civil control presents the key prerequisite in reforms of security services.
It requires constant vigilance of numerous actors at the state level among the citizens and
non-governmental institutions, as well.
Certain states or phases in the achieved level of democratic and civil control cannot be
measured exactly, but can be described and analyzed. The question is if describing is proper,
what is it based on, which facts were used and how were they collected and analyzed. The
procedure is even more complex because in this type of research it is very difficult (i.e. almost
impossible) to obtain exact data. In a way it is understandable, because this relates to the most
sensitive part of states administrative apparatuses whose job is to work in secret.
A paradox of its kind is the strive to achieve a greater degree of transparency in security
services as traditionally closed bodies, and also in the degree of professional discretion which
is required by intelligence work in order for it to be efficient. Anyway, values and norms which
are fundamental for democratic systems require security services to be subject to accountabil-
ity, as well as to democratic and civil control in performing of security tasks.
Governmental institutions, such as legislative, executive and judicial authorities, and in-
dependent bodies play the formal and essential role in democratic and civil control of activ-
ities of security services. They can be limited in this because of generally accepted political
conditions, lack of independence or inclination of some actors toward executive powers. This
informal role is played by civic society organizations and the public.
There is no generally accepted international legal document or model for establishing
of democratic and civil control. Although most important international organizations and
institutions (UN, OSCE, Council of Europe, European Court for Human Rights) paid special
attention to this issues and gave certain recommendations.
Significant European and world researchers dealing with this topic (like Hans Born, Peter
Gill, Heiner Hanngi, Marina Caparini) point out that for control and oversight over security
services it is necessary to find an appropriate model which would be applicable in the given
country, with full respect of generally acceptable standards and principles, especially those
relating to the guaranteed human rights and freedoms.
Hence, it is necessary to plan the recommendation that apart from a well founded and
clear legal solution, so it could be successfully applied in practice. When adopting any legal
act, this fact must be taken into account. If this is given greater attention, among other things,
realization of democratic and civil control of security services shall have a greater effect.
Besides, regardless of the importance of adoption of a valid and applicable legal solution if
there is no will for its implementation, there shall be no progress.
Thus, the normative and the real must permeate and have a very important link between
them. Without that there shall be no democratic or civil control. Good laws and other legal
norms are as good as they are applicable in practice.
LITERATURE
1. Born, Hans, Leigh, Ian, Making Intelligence Accountable: Legal Standards and Best Practice
for Oversight of Intelligence Agencies, DCAF, University of Durham, Parliament of Norway,
2005
2. Born, Hans, Leigh, Ian, Democratic Accountability of Intelligence Services, Centre for the
Democratic Control of Armed Forces (DCAF), Policy Paper No 19, Geneva, 2007
3. Born, Hans, Fluri Phillip, Oversight and Guidance: The Relevance of Parliamentary Over-
sight for Security Sector Reform, DCAF, Working Paper no. 114, Geneva, 2002;
4. Born, Hans, Fluri, Phillip, Lunn, Simon, eds, Oversight and Guidance: The Relevance of Par-
liamentary Oversight for the Security Sector, DCAF, Geneva, 2010
5. Wills, Aidan, Understanding Intelligence Oversight, DCAF, Geneva, 2010
6. Vetting and the Security Sector, DCAF Backgrounder, Geneva, 08/2006
7. Gill, Peter, “Democratic and Parliamentary Accountability of Intelligence Services after
9/11”, in: Democratic and Parliamentary Oversight of Intelligence Services, edt. Hans Born
and Marina Caparini, Ashgate, pgs. 195-214
8. Almanac of the Security Sector Reform in the Republic of Serbia 2012, (edt. M. Hadzic and S.
Stojanovic), Belgrade Center for Security Policy (BCBP), Belgrade, 2012
9. Document 8907 - Control of Security Services in the Council of Europe’s Member Countries,
(adopted at the 733rd meeting of deputy ministers from December 7 2002, published in
the Official Gazette of the Parliamentary Assembly of the Council of Europe from Decem-
ber 14 2002, in Brussels). Available at: http://assembly.coe.int/Documents /WorkingDocs/
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THE PROCESS OF SECURITIZATION
AS A POSSIBLE MEANS OF SECURITY POLICY
Vladan Mirkovic, Teaching Assistant
University in Novi Sad Faculty of Law
[email protected]
Abstract: Securitization is the process by which securitization actor using speech act
label an issue from natural, technical or social spheres as existential threat to vital
community values. Securitization actor is a member of community who has the
ability to influence other members of the community by marking off some problem
as a priority security issue. If members of the community accept that speech act, then
it results in a successful securitization. After that special measures are defined and
enforced in order to eliminate danger to the protected value. The fact that the actor
chooses an issue and presents it as a priority security issue, suggests that only some
of the problems occur as the subject of securitization. Some security issues arise and
disappear out of this process, which is confirmed by security reality. Which security
issue will be the subject of securitization is a matter of political decision. As political
decision has the same source - the authorities or some group in power - it can happen
that the narrow interests of one social group are identified with the general interest.
This way, all the resources of a society are mobilized by the ruling political party for
particular interests.
Key words: globalization, securitization, existential threat, reference object, special
measures.
INTRODUCTION
The globalization of technology and communication brought a dynamic and intensive
development of social relations and processes and thus making public space saturated with
vast amounts of information.
The nature of the information is diverse, from tourist offers and job opportunities to ter-
rorist attacks that happen worldwide. All of it created the perception that the world is the
global village. In such surroundings it’s quite normal that the information on suffering, wars,
and other similar negative phenomena causes fear and panic, even among the citizens of the
countries in which there’s no direct threat of concrete menace. Citizens become aware of the
existential threat of contagious diseases, famine, poverty, environmental destruction. In cer-
tain cases even some known forms of threats, such as terrorism for instance, are much more
drastically presented - hence the change in the perception of security. Due to information
overload in public space, some security issues sometimes emerge in public discourse as dom-
inant security threats, while some other times they do not. This raises the question of the way
an issue becomes a high priority security issue. The researchers in the Center for Advanced
Security Studies (The Copenhagen School) tried to answer this question. They dubbed the
432 Vladan Mirkovic
process of state actors transforming subjects into matters of security ‘securitization’ and the
set of the scientific explanations of such process was called securitization theory.
The first half of the paper will be on the basic terms of the process of securitization, the
very process and the types of securitization. The securitization process raises a lot of other
questions which demand a dedicated approach and therefore the second half of the paper will
be on the threats that are immanent in the securitization process - first of all, the possibility of
abusing authority and presenting personal interests as public interests.
THE BASIC TERMS OF THE PROCESS

OF SECURITIZATION
In order to explain the process of securitization, the basic terms of the process should be
defined in the first place. The basic terms of the securitization process are: securitizing actor,
speech act, securitizing move, existential threat, referent object and special measures.
“Securitizing actor (hereinafter: actor) is an entity that has such a social status which
enables them to make their statement about the existential threat to referent object accepted,
as long as some other conditions are met. Social status can be defined as the position or rank
of a person or group, within the society, depending on their share of target values, primarily
wealth, power and social honor. The possibility of having impact on society is based on one’s
social status. The possibility of having social impact is given to government officials (the pres-
ident, the prime minister, ministers and other high-level officials whose duty is to take care of
the security within a community) or to people who have high reputation within the society
(renowned journalists, authors, artists and athletes).”1
The speech act is the content of the statement of the existential threat to referent object.
In order to achieve its goal, the speech act must meet two types of facilitating conditions:
linguistic and social. Regarding linguistic conditions the speech act must contain words such
as “existential threat, point of no return, and a possible way out – the general grammar of
security as such plus the particular dialects of different sectors such as talk identity in societal
sector, recognition and sovereignty in the political sector and sustainability in the environ-
mental sector, and so on.”2 Social conditions refer to minimal public awareness of menacing
effect of a threat as well as a certain level of the actor’s social influence.
The securitizing move is an act of claiming that there is an existential threat to the refer-
ent object in order to convince the public special measures are necessary.
The existential threat is a form of threat which is claimed to have enough potential to ques-
tion the existence of a referent object and even the whole society or state, in a specific case.
The referent object is a vital social value the existence of which is endangered in a partic-
ular situation. The basic values which are considered vital for social survival are usually listed
in institutions, national security strategies, or some other legal and political documents.
The special measures are the acts which are taken to remove the existential threat to ref-
erent object and that cannot be considered to be regular security policy means.
THE PROCESS AND TYPES OF SECURITIZATION

1 Mirković, V.: Specijalne mere kao posledica uspešne sekuritizacije na primeru terorizma u SAD posle
11. septembra 2001. godine – master rad, Pravni fakultet u Novom Sadu, Novi Sad, 2015, p. 8.
2 Buzan, B.; Waever, O.; de Wilde, J.: Security: A new framework for analysis, Boulder: Lynne Rienner,
1998, p. 33.
THE PROCESS OF SECURITIZATION AS A POSSIBLE MEANS OF SECURITY POLICY 433
Politics, generally speaking, refers to human activity directed towards doing work which
is in public interests. The basic precondition for life and development of every community
is security, which is an instrumental social value. In other words, security does not produce
material goods, but creates favorable conditions for production of material goods and their
fair distribution. Nowadays, in the conditions of dynamic development of social processes
and relations, security is also a strongly dynamic category. As a result of it, the basic task of
those in power as well as all of those who can impact the public is to have a responsible and
conscientious approach their own security and the security of a larger social community.
In different social areas, but in different natural and technical areas as well, there are phe-
nomena and processes that can represent the source of a threatening issue which can be a
subject of securitization. “Threat sources, as their etymology suggests, present the root, basis
or origin of a future issue. Without those sources an issue cannot be created. So, the source
of a (non-)security issue is the condition of its creation. The source (condition) is in the area
of social, natural or technical sphere. However, the existence of that condition does not nec-
essarily mean the creation of a (non-)security issue. For its existence there are some more
conditions to be met such as: creation of a subject (organization) as carrier and its activity on
implementation of its interest by force.”3
The securitization process begins with the actor’s decision (which is basically political),
that a threat carrier’s activity has such threatening intensity that in order to achieve security
of community there is a need to take special measures that can remove the danger to the
referent object. The actor claims that there is an existential threat to the referent object and at
the same time claims that the community cannot be protected by regular means so the actor
seeks public approval of taking special measures. The actor’s claim about existential threat is
securitization move. The claim about existential threat is exclusive because the community
must choose between two extremes. Enforcing special measures and remove the existential
threat or do nothing and suffer the consequences that can lead up to the destruction of the
community. Such exclusive choice causes identification of opposing views or sides with gener-
al notions such as good and evil. This is how securitization brings moral into politics (though
moral criterion does not appear as a formal condition for a successful securitization) which
can eventually lead to disproportion between the choice of special measures and danger that
represents an existential threat. If the conditions of a successful securitization are met, there
is a great possibility that the public will accept the claim of existential threat and approve en-
forcement of special measures. However, since there are many existential threats in modern
security environment which in many different ways threaten security, effective allocation of
strictly limited resources demands focusing attention on only specific questions. The conclu-
sion is that many threatening phenomena appears and disappears out of the securitization
process, that is to say modern understanding of security cannot be reduced to the issues that
are the subjects of securitization. This is how securitization becomes a means by which in a
certain situation where there are many forms of threats, the one that is the greatest for society
is identified.
“In essence, the interpretation of the Copenhagen School is here centered on the tradi-
tionalist/realist idea of security as a ‘state of exception’, which leads its members to claim that
by uttering ‘security’ actors, usually state representatives or elites, characterize a particular
case or development as ‘extraordinarily important’ and thereby move this case/development
into a special field where ‘extraordinary means’ can be applied. Likewise, security is charac-
terized in terms of a ‘specific modality’ marked by urgency, priority of action and the breaking
3 Stajić, Lj.: Osnovi sistema bezbednosti sa osnovama istraživanja bezbednosnih pojava, Pravni fakultet
u Novom Sadu, Novi Sad, 2013, p. 53-54.
434 Vladan Mirkovic
free of ‘normal rules’ of politics.”4 Because of all the things mentioned, the question of choice
or the question of criterion by which an issue will be presented as top priority security issue
is very delicate and important.
Depending on the issue, which is the subject of the securitization, representatives of the
Copenhagen School distinguish two types of securitization. The first one is ad hoc, and the
second one is institutionalized securitization. By ad hoc securitization a problem that hasn’t
been treated as a security issue becomes a security issue. The actor can at one point de-
cide that a conflict of interests or some other threatening phenomena presents the existential
threat to the referent object. The decision becomes claim that the community is endangered.
The claim is directed towards the public which should be convinced that such threat exists.
Claiming that the referent object is existentially threatened is not itself securitization, but the
securitizing move. In order to talk about successful securitization it is necessary that the pub-
lic accepts the claim about existential threat.
The other type of securitization is institutionalized securitization. Institutionalized secu-
ritization has two phases that can be called primary and secondary securitization. “If a given
type of threat is persistent or recurrent, it is no surprise to find that the response and sense of
urgency become institutionalized. The situation is most visible in the military sector where
states have long endured threats of armed coercion or invasion and in response have built
up standing bureaucracy, procedures and military establishments to deal with those threats.
Although such a procedure may seem to reduce security to a species of normal politics, it
does not do so. The need for drama in establishing securitization falls away, because it is im-
plicitly assumed that when we talk of this issue we are by definition in the area of urgency.”5
Problems that are subjects of the institutionalized securitization appeared at a certain level
of historical development, when the state was created as an expression of political unity of
social community. In such conditions war, aggression, sovereignty threat and other threats to
military and political security are understood as the existential threat to the state and thereby
society (primary securitization); therefore, it’s unnecessary to securitize certain issues in the
ad hoc sense, but to convince the public that the old form of threat evolved into a different
form of reaction.
Institutionalized securitization is the response to the existential threats that are repeated
or are constantly present. Forms of threat to protected values are constantly changed. “Some
appear, some disappear and some change (improve) regardless of having the same name and
goal.”6 So, there is a possibility that the existing threat reaction system does not produce sat-
isfying results. Since the existing reaction system is based on the assumed social consensus
about the relation between public and private interest, in order to upgrade the system it’s
necessary that the actors again ask for vox populi. Then we have a case we can call secondary
securitization.
“Successful securitization thus has three components (or three steps): existential threat,
emergency actions and effects on interunit relations by breaking free of rules.”7 Accepting the
claim that an issue is an existential threat is just the first step in successful securitization. If
there’s no approval, there’s no securitization, but securitizing move. The second step is about
special measures which don’t demand approval of concrete special measures, but applying
special measures in abstracto. The approval is only needed for the claim about existential
4 Stritzel, H.: Security, the translation, Security Dialogue 42/2011, 343-355, p. 343.
1998, p. 27-28.
6 Stajić, Lj.: Osnovi sistema bezbednosti sa osnovama istraživanja bezbednosnih pojava, Pravni fakultet
u Novom Sadu, Novi Sad, 2013, p. 53.
1998, p. 26.
threat, and thus gaining enough support for the basis from which legitimacy of taking special
measures or other steps can be derived. This “would not have been possible if the discourse
hadn’t taken the form of existential threat, point of no return or necessity.”8
Enforcement of special measures should lead to removing existential threat to ref-
erent object and return to the state which existed before the process of securitization. After
the existential threat has been removed, the social attention is directed to other issues. The
discourse in which one issue is identified as the existential thereat ceases to be valid (this is
called desecuritization process), and some other discourses emerge in which there are other
issues that are presented as existential threats.
POLITICIZATION AND SECURITIZATION

The representatives of the Copenhagen School in one part deal with the question “how
to identify what is, and what is not a security issue, or put another way, how to differentiate
between the politicization and the securitization of an issue.”9
A certain community via its representatives has right and responsibility, in the name of its
own survival, to identify all the threatening phenomena which might endanger the survival
of the community and to take all the necessary steps to organize the security system which is
directed against a concrete threatening issue. “As long as society exists in a political sphere, it
must by itself, although only in the most extreme case – the existence of which is not decided
by the society itself – determine the distinction between friends and foes. That’s the basis of
its political existence. There is no more ability and the society ceases to exist politically will for
making such distinction. If a foreigner is allowed to determine its enemies and who they can
or cannot fight against, then the society is not free any longer and it belongs or is subordinate
to another political system.”10 The term enemy should be taken in its broadest sense, which
means that the essence of security politics identifying the phenomena which endangers the
survival of a community at a given moment. In that case securitization process can be an
efficient means of security politics because thanks to it in the conditions of dynamic security
environment the focus of the security system and society as a whole is most efficiently direct-
ed at top priority security questions.
However, “political is nowadays often considered equal to party-political”11 The represen-
tatives of a community belong to a narrower social group, and when it comes to a state they
belong to a political party. However, regardless of who they belong to, they govern everyone
and represent all community members. That is why when one says ‘political decision’, it re-
fers to the decision made to protect the community and all of its members. As political and
party-political decision have the same source (those in power), there is a danger that on be-
half of community they make decisions which protect only a small group or a political party
interests. In such cases the authority of those in power is abused to present partial interest as
general interest and based on that ask for additional legitimacy from community members to
protect narrow interests. In this case we talk about politicization.
Politicization means using securitization process for daily- political purposes (gathering
political support to win power or staying in power, discrediting political opponents or rivals
and so on). Politicization can be detrimental, because securitization is based on the idea of
8 Ibidem, p. 25.
9 Ibidem, p. 19.
10 Šmit, K.: Pojam političkog. U Norma i odluka: Karl Šmit i njegovi kritičari, Filip Višnjić, Beograd,
2001, p. 34.
11 Ibidem, p. 22.
436 Vladan Mirkovic
existential threat which makes one choose between survival or ceasing to exist. Such choice
unavoidably leads to choosing inappropriate means in order to remove the threat. In ancient
Rome there were proscriptions. In medieval time Christian community turned into a be-
sieged town surrounded and attacked by infidels from outside, and threatened by heretics
from inside. During French Bourgeois Revolution saying some unwanted words could lead
to the guillotine, and all in the name of freedom, brotherhood and equality. Fascist regimes
in Italy and Germany especially had the need to label their political opponents enemies of the
state and people. Such practice was also common in socialist countries.
The problem and the need of making distinction between politicization and securitization
are not just theoretical. Having in mind the consequences that can occur in reality due to
securitization it’s very important to establish clear criteria. The criterion of making the differ-
ence between politicization and securitization should be the threatening intensity of an issue
which is evaluated through the objective criterion. Only the phenomena that can lead to the
destruction of the value of a society should and can be securitized and only those issues justify
mobilization of people and means to enforcing special measures. The phenomena which are
not of such threatening intensity are the subject of politicization. Of course, application of this
criterion depends on a series of circumstances. Firstly those that have the capacity of starting
the process of securitization on a larger scale influence shaping public opinion through media
which can cause confusion regarding identification private, party-political and public interest.
The way an issue becomes a security problem can lead to a situation where a referent
object can be “everything from nuclear missiles and opposing armies to miniskirts and pop
music. Such wide-ranging securitization stifles civil society, creates an intrusive and coercive
state, cripples (eventually) the economy and maximizes the intensity of the security dilemma
with neighbors that don’t share the ideological project.”12
“Do we choose to attach the security label with its ensuing effects? Actors can choose to
handle a major challenge in other ways and thus not securitize it. The use of specific concep-
tualization is always a choice – it is politics, it is not possible to decide by investigating the
threat scientifically.”13 Based on it one can conclude that security phenomena exist even out of
securitization process, and that securitization makes a certain security problem a priority. “It
is always a political choice to securitize or to accept securitization.”14
The decisions made in the area of security and politics are inherently serious, dangerous
and what’s most difficult for the authority – unpopular. In a country with high standard of
living and where industry had the capacity of employing all citizens or take care of them
with social help, those in power can say that 3 % unemployment is a serious social problem.
Knowing that they have conditions to relatively quickly and easily achieve social peace, it’s not
difficult for them to touch upon the problem of unemployment, even though it doesn’t seem
so dramatic observed from the undeveloped countries’ point of view.
In a country steeped in corruption in which arrogant attitude of those in power leads to
economic exhaustion and in which unemployment is over 40 %, underlining the problem of
unemployment constantly would be bad for the interest of staying in power. A state or more
precisely those who govern it should offer new job positions, open factories, and build a wel-
fare state. Constant insistence on the problem of unemployment means admitting one’s own
guilt, which cannot be forgiven by the citizens (or at least it shouldn’t be forgiven). It is easier
to send the intimidating scenes of beheading and other atrocities, which are the features of in-
ternational terrorism nowadays, to people’s homes via media. The fear which governs people
1998, p. 208.
13 Ibidem, p. 32.
14 Ibidem, p. 29.
will contribute to people giving support and legitimacy to the rulers to take all the necessary
measures to resist threats which in reality don’t exist on a country’s territory or they are hardly
possible. Even if a threat turns out to be real and someone gets hurt it’s easy to move responsi-
bility to the carriers of threat claiming that the government did everything they could.
For a person as a user of security it doesn’t matter whether they die stabbed with a knife or
because of famine. “However, that is not the same for those in power because they are respon-
sible for both. They won’t suffer political consequences for the first reason, but for the second
one they might. In that sense the identification of a threat comes from those in power based
on the consequences they might suffer and not the consequences the victim might suffer.”15
All of this supports the claim “that different forms of security threats are classified on the
basis of political and media’s attitude and the interests of those who have the possibility to
shape our opinion and attitude (powerful and big countries, political lobbies, alliances and so
on) – therefore on the basis of biased and unscientific criteria.”16
Social conditions of securitization imply that the existential threat must always be based
on facts which exist in objective reality. However, the type and the size of the importance of
those facts for a certain social community depend on social, cultural and other factors. It can
happen that a threat for someone is not a threat for someone else. We can say that it is pos-
sible that the existential threat can really be an issue which might lead to destruction of the
protected value, but since the process of securitization is a matter of political decision, that is
not the main criterion. It’s especially important to emphasize the importance of the media in
the process of forming and conveying information.
Because of exclusive nature of the securitization process which gives a community a choice
between only options (and related to it is often disproportional choice of special measures), a
very important question is the choice of actor and the community it belongs to with general
phenomena such as humankind, free world, democracy, good. Take for example humanity,
which was repeatedly abused after the Cold War, as a referent object. Everyone can agree that
the human species survival represents something every person is interested in. But “if a coun-
try fights against its political enemy in the name of humanity, than it is not a war of humanity,
but a war for which a certain state, compared to its war enemy, tries to occupy a universal
concept in order to identify with it, in a similar way that peace, justice, progress, civilization
can be abused and considered as something that belongs to one state and doesn’t belong to
its enemy. Humankind is an especially useful ideological instrument of imperialist expansion
and in its ethical-humanistic form it is a special tool of economic imperialism. Citing the
word ‘humankind’, calling on humankind, catch hold of it – since such lofty words cannot
be mentioned without certain consequences, all of it could manifest as a horrible demand to
deny the enemy their human qualities and that he is declared hors-la-loi and hors-l’humanite,
and thus lead the war to ultimate inhumanity.”17
CONCLUSION
Dynamic security environment has caused the emergence of many forms of threats, which
in different ways threaten the stability and survival of society, state or individual. Some of
these forms of threats are more common in public discourse, while others are less common
15 Stajić, Lj.: Neke nedoumice oko shvatanja bezbednosti u XXI veku. U Rizik, moć, zaštita: Uvođenje u
nauke o bezbednosti, Službeni glasnik i Fakultet bezbednosti, Beograd, 2010, p. 335.
16 Ibidem, p. 334.
17 Šmit, K.: Pojam političkog. U Norma i odluka: Karl Šmit i njegovi kritičari, Filip Višnjić, Beograd,
2001, p. 36 - 37.
438 Vladan Mirkovic
or not mentioned at all. Therefore, one may ask how come that terrorism or organized crime
are priority security issues, despite the fact that more people in the world die from hunger,
disease or in traffic accidents. The representatives of the Copenhagen School tried to answer
this question. They called the process of extracting an issue as a priority security issue, the
solution of which requires taking special measures, the securitization process.
Securitization process begins with the actor’s claim that the referent object is existentially
threatened by some kind of threat, which is why it is necessary to enforcing special measures
in order to protect the referent object. Government representatives who express the public
will or individuals who have great authority and influence among citizens can extract some
of the existing conflicts and contradictions as a matter of existential importance. Special mea-
sures mostly present the measures that deviate from the usual way of resolving an issue in a
community and that is why the support of the public is needed.
In order to convince the citizens, the claim has to have certain qualities. This is primarily
related to the terminology that the social actor uses, but also the influence he can have on the
public in a particular case. Citizens who are presented with a danger should answer whether
they think the given danger can jeopardize their survival. The foundation on which the deci-
sion is based may not always be objective, that is, a real danger of a form of threat doesn’t have
to exist or does not exist to the extent and intensity that is presented. Citizens may feel that
they are existentially threatened by something, even if the facts show something else. Thus,
the role of the media that shape public opinion becomes extremely significant.
Depending on the subject of securitization one can talk about politicization and securiti-
zation. Politicization presents a negative phenomenon that involves the abuse of the process
of securitization for daily-political purposes, while securitization is an important means of
security policy because thanks to it the resources and capacities of the security system are
efficiently and correctly directed to the issues that can really bring into question the survival
of the community.
REFERENCES:
1. Buzan, B.; Waever, O.; de Wilde, J.: Security: A new framework for analysis, Boulder: Lynne
Rienner, 1998.
2. Mirković, V.: Specijalne mere kao posledica uspešne sekuritizacije na primeru terorizma u
SAD posle 11. septembra 2001. godine – master rad, Pravni fakultet u Novom Sadu, Novi
Sad, 2015.
3. Stajić, Lj.: Osnovi sistema bezbednosti sa osnovama istraživanja bezbednosnih pojava,
Pravni fakultet u Novom Sadu, Novi Sad, 2013.
4. Stajić, Lj.: Neke nedoumice oko shvatanja bezbednosti u XXI veku. U Rizik, moć, zaštita:
Uvođenje u nauke o bezbednosti, Službeni glasnik i Fakultet bezbednosti, Beograd, 2010.
5. Stritzel, H.: Security, the translation, Security Dialogue 42/2011, 343-355.
6. Šmit, K.: Pojam političkog. U Norma i odluka: Karl Šmit i njegovi kritičari, Filip Višnjić,
Beograd, 2001.
TRANSNATIONAL CRIME IN CHINA AND ASEAN
AND CHINA’S COMBAT STRATEGY
Yuan Yuan
Department of Public Security Intelligence,
Criminal Investigation Police University of China
Abstract: Further economic integration in Asia and the Information Age have provided
opportunities for criminals and organised crime groups to exploit transnational
criminal activity that has increased in scale and extent and has become a complex threat
to ASEAN (Association of Southeast Asian Nations) countries and China. This paper
presented a comprehensive study on transnational crime in China and ASEAN with
a particular emphasis on the control measures conducted by China law enforcement
agencies. The study analysed the main types and the characteristics of transnational
crime in China and ASEAN countries. It explained the challenges that China and
ASEAN are facing in tackling transnational crimes such as the nexus of cybercrime and
transnational crime driven by informatisation, poor information sharing among the
states and lack of international cooperation mechanisms for combating informationised
transnational crime. The existing China-ASEAN cooperation mechanisms on fighting
against transnational crime were also summarised. Then problems hindering China
to combat transnational crime were analysed including deficient legislation, problems
with China-ASEAN criminal judicial assistance and limitations of China’s boarder
management system. Suggestions on enhancing China’s capacity in combating
transnational crime were therefore provided, such as strengthening legislation,
improving China-ASEAN criminal judicial assistance, China-ASEAN extradition
cooperation and China’s boarder management system, establishing regular China-
ASEAN information sharing mechanisms and strengthening China-ASEAN
cooperation in fighting against transnational crime.
Keywords: transnational crime, types and characteristics of transnational crime in
China and ASEAN, China-ASEAN cooperation mechanisms, combat strategy.
INTRODUCTION
ASEAN (Association of Southeast Asian Nations) countries have continually enhanced
political and security cooperation including cooperation in the area of non-traditional securi-
ty in recent years, which has dramatically improved ASEAN’s international standing. China is
the near neighbour to the ASEAN and they are inextricably linked in terms of culture, history,
geography, ethnics, economy and trade. With further ASEAN integration and the initiate of
China-ASEAN Free Trade Area, China and ASEAN member states have increasingly expand-
ed political, economic and cultural cooperation, which certainly will bring about dramatic
development in that region. At the same time, there is a surge of transnational criminal ac-
tivity such as smuggling, drug trafficking, human trafficking, money laundry and corruption.
Joint efforts to cracking down on transnational crime is the primary approach to maintain
social and economic stability in China-ASEAN Free Trade Area.
440 Yuan Yuan
TYPES AND CHARACTERISTICS

OF TRANSNATIONAL CRIME IN CHINA AND ASEAN
China and ASEAN countries have been committed to increase economic, political and
cultural cooperation in recent years and their efforts have enhanced rapid regional devel-
opment. However, transnational criminal activity has increased in scale and extent and has
become a complex threat to ASEAN countries and China.
The main types of transnational crime in China and ASEAN countries
Smuggling
China shares long land borders and sea area with neighbouring ASEAN countries. For in-
stance, the border of Yunnan Province in southwest of China is 4,060 kilometres, twenty sev-
en towns in eight cities out of total sixteen cites in Yunnan are bordered by Burma, Vietnam
and Laos, and there are ten national ports and more than twenty transnational highways and
ninety three border trade channels1. Due to geographic characteristics, smuggling between
China and ASEAN countries has presented a ‘conventional’ problem drawing authority’s per-
sistent attention.
Drug Trafficking
Drug trafficking has been on the increase in group operation and professionalisation, and
cullion between domestic and international drug criminal networks has developed ‘one pack-
age service’ of Production-Supply-Marketing.
Human Trafficking
Criminal syndicates control most of human tracking. Women and children are the major-
ity of vulnerable victims and this notorious crime leaves the whole society traumatised.
Money Laundering
The prominent methods of transnational money laundering in China are mainly realized
via underground money exchangers or the investment of international idle funds into China
capital markets. Monetary assets from criminal activities such as drug trafficking, smuggling
and terrorism attempt to be legalised through overseas investment and financial institutions.
Cyber Crime
Today’s world is more interconnected than ever before. However, increased connectivity
brings increased risk of fraud, theft and abuse. The cyber-crimes present in China and ASE-
AN countries include transnational internet pornography, transnational online gambling and
transnational online economic crime and so on.
Corruption
Corruption is an obstacle for political, social and economic stability in any country of the
world. It may infiltrate not only government officials but also public bodies. Fighting corrup-
tion is high on the agenda of China’s leaders.
Illegal Cross-Border Crime
Illegal cross-border crime includes organising and transporting illegal migrants, or assist-
ing in illegal border crossing, which violate one country’s applicable laws and foreign coun-
tries’ and incur social instability and public disorder. Illegal crossing border also provides
fugitives with opportunities to evade legal punishment.
1 Wang, Junxiang. China-ASEAN cooperation mechanism on combating transnational crime. Hebei

Law Science, 2008, 26(12):176.
TRANSNATIONAL CRIME IN CHINA AND ASEAN AND CHINA’S COMBAT STRATEGY 441
THE GENERAL CHARACTERISTICS OF TRANSNATIONAL

CRIMES IN CHINA AND ASEAN COUNTRIES
The regions affected by transnational crimes in China and ASEAN countries have become
broader following the initiate of China-ASEAN Free Trade Area. The transnational criminal
activities are not restricted to certain nations but the whole trade cooperation zones and pose
more challenges to criminal investigation. These crimes are more organised, the international
division of labour among criminal networks is more rigorous, crime patterns are more com-
plicated, criminal methods are much more ferocious and these criminal activities are more
destructive. Transnational crimes infiltrate into both economic field and the field of politics.
Affecting broader regions
The whole China-ASEAN Free Trade Area has been under the impact of transnational
criminal activities rather than in two neighbouring countries or among certain countries.
Tremendous challenges are posed to criminal investigation. Criminals either hide in border
regions or flee to foreign countries after multinational criminal activities take place, given
loose border control in certain areas and dense forests in boarder regions, police and law
enforcement agencies have great difficulty in carrying out criminal pursuit.
Well-organised and rigorous international division of labour
Compared with volume crimes, transnational crimes are well plotted in advance with clear
targets, complicated criminal patterns and more ferocious modus operandi. The transnational
criminal networks are much more structured and they are more specialised in division of
labour during the conduct of a crime. First, the management of transnational crime organi-
sations are getting formal. Nearly all transnational crime organisations have developed strict
rules and management system. Moreover, the tasks of criminal acts are separated more pre-
cisely. Rapid development of information technology and globalisation have enabled transna-
tional crimes with the characteristic of precise division of labour in terms of crime plotting,
allocation of criminals, creating criminal tools and committing crimes.
Infiltration into not only economic field but the field of politics for ‘legitimate’ cover
As transnational crimes grow, transnational criminal organisations have been eager to ‘le-
gitimating’ their acts. They corrupt government figures in the Customs, forces against smug-
gling and foreign affairs and so on, and infringe politics seeking for political shield
Cullion between domestic and international criminal networks and interweaving with in-
ternational crime
Criminals in some ASEAN member states bordering to China develop closed business
relationships with the criminals in China, with whom they jointly carry out transnational
crime. They know well about geographical condition and have their connections so that they
can engage in a range of crimes including firearms trafficking, murder, robbery, smuggling
and drug trafficking. Some huge crime conglomerate with ample funds, advanced weapons
and equipment recruit high-tech personnel and use cutting-edge technology and devices
to evade police’s surveillance and manhunt. China and ASEAN nations face unprecedented
challenges in transnational crimes crackdown.
Some types of transnational crimes typically occurring in certain regions
Certain countries or regions are more likely to suffer certain types of transnational crime,
i.e. transnational drug trafficking is of long history and a thorny problem in the border region
of China’s Yunnan Province and the Golden Triangle.
442 Yuan Yuan
Certain type of transnational crime is also likely to be ‘conventional’ in particular areas

in one country, for instance, Qingtian in Zhejiang Province and Fuqing in Fujian Province in
China have drawn deep concern over the offences of human smuggling2.
CHALLENGES FACING CHINA-ASEAN IN TACKLING

TRANSNATIONAL CRIME
The challenges faced by China and ASEAN in tackling transnational crimes are various
such as special geographical condition, growing personnel exchanges, difference in the idea
of rule of law among the nations, corruption and incompatibility of national laws with inter-
national legislation and so on. Moreover, criminal sanction and the governance of crime are
getting even tougher in the Information Age, and in this regard, there are some new chal-
lenges that China and ASEAN countries are facing for their transnational crime crackdown.
THE NEXUS OF CYBERCRIME AND TRANSNATIONAL

CRIME DRIVEN BY INFORMATISATION
Transnational crime rates have been continually climbing with the arrival of globalisa-
tion and the Information Age. Informatisation accelerates the nexus of cybercrime and trans-
national crime, and transnational crime entres the phase of ‘Informationised Transnational
Crime’. The characteristic of non-boundaries of internet and modern communication tech-
nology make transnational crime like a duck to water. Information technology coupled with
the complexity of transnational crime further increases the difficulty of criminal investigation
and the cost of transnational crime is significantly cut down while the benefits increase dra-
matically. It is well known that it is more difficult to collect evidence in cybercrime compared
to the evidence collection in ordinary criminal cases. Thus, involving internet in transnational
crime produces more difficulties in combating and preventing transnational crimes and this is
especially the case with transnational economic crime such as transnational IP crime, trans-
national telecommunication fraud and money laundry.
POOR INFORMATION SHARING AMONG THE STATES

Intelligence plays a crucial role in fighting against transnational crime. However, poor
information sharing is recognised as one of the greatest barriers to the prevention and con-
trol of transnational crime in China and ASEAN countries. First, there are huge gaps in each
country’s policing informatisation in China and ASEAN. Next, it is not only in China but also
in all ASEAN states that data integration and information sharing within national agencies
are still inadequate. Furthermore, China-ASEAN information sharing mechanism is incom-
plete. Some issues need to be addressed such as occasionally delayed response to information
inquiries from other countries and not timely criminal intelligence sharing while conducting
criminal investigation etc.
2 YU, Zhigang. Empirical analysis of transnational crimes committed by Chinese citizens. Journal of
National Prosecutors College, 2014, 22(1):117.
LACK OF INTERNATIONAL COOPERATION MECHANISMS

FOR COMBATING INFORMATIONISED
TRANSNATIONAL CRIME
Transnational crime investigation must trigger the conflicts of jurisdictions including pos-
itive conflict and negative conflict. Though there are many international conventions against
transnational organised crime, they are mainly to counter some types of conventional trans-
national crimes such as drug trafficking, trafficking women and children and human smug-
gling etc. However, in the Information Age, all types of crime are impacted and even those
conventional transnational crimes mentioned above are experiencing the ‘Informationised
Innovation’. Relying only on existing international conventions against transnational crime
is apparently insufficient. There is an urgent need for new international cooperation mecha-
nisms and platforms for combating informationised transnational crime.
THE EXISTING CHINA-ASEAN COOPERATION MECHANISMS

ON FIGHTING AGAINST TRANSNATIONAL CRIME
The existing China-ASEAN cooperation mechanisms on combatting transnational crime
are as follows.
ASEAN PLUS THREE MINISTERIAL MEETINGS

ON TRANSNATIONAL CRIME (ASEAN+3, 10+3)
This framework is designed to promote cooperation between ASEAN and the three states
(China, Japan and the Republic of Korea) in combating transnational crimes in the priority
areas of terrorism, drug trafficking, human trafficking, money laundering, sea piracy, firearms
trafficking, international economic crime and cybercrime. The biennial Ministerial Meetings
have been held since 2002. By now, this meeting mechanism has achieved good results includ-
ing clarifying the principal of ‘Sincere, Unite, Practical, Negotiable’, developing crime policy
of ‘Open, Cooperative, Equal, Mutually Beneficial’ on preventing and combating crimes, for-
mulating regulations for cooperation, confirming leading countries and cooperation regions,
further strengthening the dialogue among the members and regulating contact methods,
jointly discussing the scheme on combating transnational crimes and appointing the liaison
officers by each member and so on.
CHINA-ASEAN INFORMAL MINISTERIAL MEETING ON

TRANSNATIONAL CRIME (10+1)
Since 2004, China and ASEAN have been holding the meetings and have made some pro-
gresses. China and ASEAN states are committed to consolidate and further enhance cooper-
ation. There are more than two thousand ASEAN law enforcement officers attending training
programmes in China until 20133, and China and ASEAN have jointly cracked a number of
3 Liu, Shengxiang, Xintian. National security and China-ASEAN security cooperation mechanism.
Journal of Jiangnan social college, 2016(2):5.
444 Yuan Yuan
cases ranging from transnational kidnapping, drug trafficking to transnational trafficking of

woman and children.
CHINA-ASEAN ATTORNEY GENERALS’ MEETING

The China-ASEAN Attorney Generals’ Meeting was inaugurated by China in 2004 in or-
der to bring about concerted efforts among ASEAN countries’ and Chinese procuratorates to
fight against transnational crimes. The objectives are to improve the regular meeting mecha-
nism among China-ASEAN attorney generals to address major issues, discuss anti-transna-
tional crime strategy and the establishment of regular meeting, and direct cooperation among
prosecutorial apparatus in boarder regions. It is an important judicial cooperation mecha-
nism.
CHINA-ASEAN COOPERATION MECHANISMS

FOR ANTI-NARCOTICS
China and the member states of ASEAN have carried out close cooperation on combating
drug trafficking. In 1993, China and ASEAN countries signed the MOU. China and ASEAN
held a meeting in 2000 and passed ‘Bangkok Declaration’ and ‘China-ASEAN Collaborative
Operation Plan’. In 2001, China and most of ASEAN countries developed anti-narcotics part-
nerships and established anti-drug cooperation frameworks. China has signed the MOU on
anti-drug with most of ASEAN nations.
CHINA-ASEAN MARITIME COOPERATION

ON COMBATING TRANSNATIONAL CRIME
The majority of AEAN members are maritime countries, and China and ASEAN are
joined by ocean. China and ASEAN have been beset by the threat of piracy, smuggling, hu-
man smuggling, drug trafficking and arms smuggling. Maritime law enforcement agencies in
China and ASEAN have established some effective cooperation mechanisms and platforms
to jointly fight against maritime transnational crimes for local maritime security and stability.
In addition, China and ASEAN are devoted to enhancing other cooperation activities such
as the China-ASEAN Legal Cooperation and Development High-Level Forum and seminars
on the law enforcement of China-ASEAN transnational crime etc. to deepen the connections
of the China-ASEAN officials specialising in transnational crimes.
PROBLEMS HINDERING CHINA

TO COMBAT TRANSNATIONAL CRIME
Except for factors such as special geographical condition, multi ethnic groups and multi-
culture, the problems facing China in tackling transnational crimes are complicated.
DEFICIENT LEGISLATION
Deficient legislation in criminal justice cooperation between China and ASEAN
China has signed bilateral treaty on criminal judicial assistance with some members of
ASEAN including Vietnam, Laos, Indonesia, Thailand and Philippines etc., and has signed
extradition treaty with Thailand, Philippines, Laos and Cambodia. However, China has not
had any kind of criminal judicial treaty with some ASEAN member states, and this can result
in the refusal of assistance during criminal investigation. Besides, the signed bilateral treaties
and legal instruments are mainly at macro level, yet have not come down to micro aspects and
specific issues, which make them less operable and practical.
Deficient China legislation
There is no relevant regulation on criminal judicial assistance in China laws and some
China laws contravene the criminal justice norms of international criminal law. Deficient
China legislation has hindered the criminal justice cooperation between China and ASEAN.
First, there is no legal ground for remedy when the provisions in China laws are incompatible
with international treaties. Secondly, China only has relatively scattered regulations relating
to international judicial assistance rather than a specific law formulated for regulating crim-
inal judicial assistance acts. Thirdly, there is no particular provisions on international crimes
in China laws. Though China has actively participated in various international conventions
such as ‘International Convention against the Taking of Hostages’ and ‘Convention for the
Suppression of Unlawful Acts against the Safety of Maritime Navigation’ and so on, those
international crimes have not been legislated comprehensively and explicitly in China laws.
This brings about a difficult situation that China does not have the jurisdiction of these inter-
national crimes that are detected or take place in China, which can result in the setbacks of
criminal justice cooperation for lack of legal grounds. Furthermore, the relevant provisions
are inconsistent. For example, China criminal law provisions are incompatible with relevant
international treaties; the provisions in different China laws are inconsistent; the provisions
on criminal judicial assistance in China laws are not compatible with the criminal judicial
assistance treaties that China has signed.
PROBLEMS WITH CHINA-ASEAN CRIMINAL

JUDICIAL ASSISTANCE
Involving limited processes of criminal judicial assistance
Criminal judicial assistance between China and ASEAN is only engaged in the limited
processes of criminal proceedings in terms of criminal investigation and prosecution, but
not trial and sentencing. By now, China-ASEAN criminal judicial assistance mainly centre
on assisting in investigation and evidence collection. Moreover, the defined responsibilities
of different China’s authorities taking part in criminal judicial assistance are not explicit. The
contact authority, competent authority and central body of China provided in various treaties
are confused. Finally, judicial review is still left out or has disadvantages when China carries
out criminal judicial assistance with ASEAN countries. Except extradition, judicial review is
not in place in other types of criminal judicial assistance available, and judicial review of ex-
tradition is incomplete, China’s procuratorial apparatus is not fully in function at this aspect.
Problems with China-ASEAN extradition cooperation
Extradition processes and agreements between China and ASEAN countries are stipulat-
ed in their bilateral treaties. China has signed bilateral extradition treaty with Laos, Thailand,
446 Yuan Yuan
Philippines and Cambodia since 2008, which has offered the legal grounds for tackling trans-
national crimes. In spite of the progress on China-ASEAN extradition cooperation achieved
in recent years, China has not had bilateral extradition treaties with another six ASEAN mem-
ber states, it is lack of ground for their cooperation in extraditing fugitives, and the approach-
es to extradition cooperation are limited. Moreover, China-ASEAN extradition cooperation
mechanism and exercising specific provisions during their extradition cooperation are still
problematic4.
a. The principle of non-extradition nationals
The principle of non-extradition nationals is recognised in China and is a rigid legislation
in China’s Extradition Law. According to the extradition treaties between China and some of
ASEAN countries, the clause of extradition states ‘being entitled to non-extradition of their
own nationals’, therefore, ‘being entitled’ in these clauses means that it is not inflexible to
prohibit extradition of their nationals, which somehow impacts extradition law in China. On
the contrary, the extradition treaty between China and Laos states explicitly that the principle
of non-extradition nationals must be enforced, which limits the obligation of two countries
under this principle. It can be seen that the principle of non-extradition nationals is not uni-
versally recognised by China and all ASEAN members, which is to the disadvantage of Chi-
na-ASEAN criminal justice cooperation.
b. The principle of non-extradition to capital punishment
The death penalty is a legal punishment in China, whereas it has been abolished in ASEAN
countries except Cambodia and Thailand is making amendments to it. Extradition treaties
between China and ASEAN countries provide the justification for the refusal of extradition to
death penalty, but wording in these treaties is vague, which can prove hurdle to China-ASE-
AN extradition cooperation.
c. Political offence exception to extradition
Non-extradition for political offences is explicitly stipulated in the extradition treaties
between China and ASEAN members (Thailand, Cambodia, Philippines and Laos). As it is
well known that defining political offence is complicated and problematic, different states
can provide various definition. Therefore, this can turn to be an obstacle to China-ASEAN
extradition cooperation.
d. Application of simplified extradition procedures
Simplified extradition procedures are not set out in China’s Extradition Law, neither in
the extradition treaties between China and those four ASEAN members. This calls for further
improvements.
e. Obligation to ‘Extradite or Prosecute’
In international extradition laws, ‘Extradite or Prosecute’ Obligation is universally rec-
ognised. It is the basis for exercising universal jurisdiction in general and is a necessary sup-
plement to extradition policy. The ‘United Nations Convention against Corruption’ that Chi-
na ratifies contains the clause of ‘Obligation to Extradite or Prosecute for their own nationals’,
however, ‘Extradite or Prosecute’ Obligation is not yet stipulated in China’s Extradition Law.
4 Jiangwei. The problems and countermeasures of China-ASEAN cooperation mechanism on tackling

transnational crime. Law and Economy, 2014(2):47.
LIMITATIONS OF CHINA’S BOARDER

MANAGEMENT SYSTEM
At present, boarder management in China is of coordinative administration by multi
agencies including boarder agency, police, foreign affairs sector, human resource department,
education department and labour department. Different agencies function in accordance
with various responsibilities in respect of boarder management, however, administration au-
thority is decentralised, their responsibilities are overlapping and data and information in
each agency are not well shared. Besides, frontier law enforcement agencies have the problem
of manpower shortage, boarder areas lag behind in informatisation, and the locals are of less
legal awareness. The limitations of China’s boarder management system further add to the
difficulties in combating transnational crimes.
SUGGESTIONS ON ENHANCING CHINA’S CAPACITY

IN COMBATING CHINA-ASEAN TRANSNATIONAL CRIMES
STRENGTHENING LEGISLATION
Signing judicial assistance agreements with all ASEAN members
As China and some ASEAN countries have not signed bilateral criminal judicial treaties, it
is urgent for China to actively negotiate with those ASEAN states to ratify and achieve oblig-
atory bilateral treaties or agreements as early as possible.
Strengthening China’s laws on international judicial assistance
Given the development of China-ASEAN judicial assistance, China should make amend-
ments to current related laws and enact international judicial assistance laws. The provisions
of international judicial assistance should be contained in the Constitution of P.R.China,
Criminal Law of P.R.China and Criminal Procedure Law of P.R.China. China should also
enact criminal judicial assistance law and criminal investigation assistance law and so on in
order to establish China’s basic stance on international judicial assistance and define statutory
requirements. Besides, it is crucial to align China’s laws. The criminal laws of China should be
aligned with international judicial assistance laws of China, and China’s international judicial
assistance laws should be compatible with international judicial assistance treaties.
IMPROVING CHINA-ASEAN CRIMINAL

JUDICIAL ASSISTANCE
Regulating the application of jurisdiction in accordance with different types of transnational
crimes
It can be foreseen that the adjustment of criminal policy on transnational crime will be
a major area of combating crime in the next few years. Based upon the planning and adjust-
ment of criminal policy, to adjust specific considerations in criminal jurisdiction and promote
the drafting and enacting of international convention can be regarded as the effective acting
point. As a matter of fact, conflict of transnational crime jurisdiction cannot be evaded, thus,
448 Yuan Yuan
different criminal jurisdiction combinations apply to different types of transnational crimes

and can prove effective approach to resolve this issue.
a. Jurisdiction combination of ‘Informationised transnational crime’: Referring to ‘Terri-
torial Jurisdiction’ rather than ‘Protective Jurisdiction’
It is widely recognised that jurisdictional disputes in cybercrime are increasingly intense.
Cybercrime usually occurs across more than two countries, hence, resolving criminal juris-
diction of cybercrime can somehow provide a solution to jurisdictional disputes in ‘Infor-
mationised transnational crime’. Some scholars argued that overexpansion of jurisdiction in
transnational cybercrime will enable all nations affected by a cybercrime to have universal
jurisdiction in it, and this will not only cause a severe violation of the offender’s rights, but
also have a huge impact on state judicial sovereignty. The principle of the criminal jurisdic-
tion of transnational cybercrime should refer to territorial jurisdiction rather than protective
jurisdiction5.
b. Jurisdiction combination of ‘Conventional transnational crime’: Introducing ‘Territori-
al Jurisdiction’ plus ‘Personal Jurisdiction’ and ‘Protective Jurisdiction’
Any country may feel powerless to tackle explosive growth in conventional transnational
crimes alone by sticking to territorial jurisdiction. Therefore, it is suggested to take territorial
jurisdiction as the principle and introduce personal jurisdiction and protective jurisdiction
when necessary with regard to the jurisdiction of conventional transnational crime.
IMPROVING CHINA-ASEAN EXTRADITION COOPERATION

China and ASEAN states can flexibly apply the principle of non-extradition nationals
in accordance with bilateral extradition treaties, or they can refer to ‘extradition upon later
transfer of proceedings in criminal matters’ in the ‘UN Convention against Transnational
Organised Crime’. As for the principle of non-extradition to capital punishment in China
Extradition Law, mutatis mutandis, China can agree to extradition of the person extradited
as long as requesting state pledges that the person will not get the death penalty. The clause of
non-extradition for political offences in the extradition treaties between China and Thailand
or between China and Cambodia can be used for reference, explicitly defining what acts are
not political offences. In addition, China’s judicial authority can make amendments to China
Extradition Law in line with ‘Extradite or Prosecute’ Obligation.
IMPROVING CHINA’S BOARDER MANAGEMENT SYSTEM

Establishing a collaborative boarder governance system of law enforcement agency and other
government sectors
In order to strengthen boarder management in China, China should direct law enforce-
ment agency along with other government sectors to establish a collaborative governance
mechanism. Moreover, it is important to further improve coordination and cooperation
among different law enforcement agencies in different regions of China.
Innovation of boarder management
China should be devoted to the innovation in respect of boarder management strategies
and methods. Advanced technology such as multi-function auxiliary equipment with position,
5 YU, Zhigang. Empirical analysis of transnational crimes committed by Chinese citizens. Journal of
National Prosecutors College, 2014, 22(1):121.
communication and navigation system should be widely employed in boarder control. As for
patrol strategies on the boarders, variable interval inspection, expansion of patrolling areas as
well as increase of patrol density and multi interception point can prove to be effective6.
Improving informationisation
It is essential to improve informationisation on China’s boarder areas. Efficient boarder
management calls for effective data sharing and developing identification mechanism of dan-
gerous people is a crucial task.
Reforming Visa regime
In view of economic and trade exchanges between China and ASEAN countries, China
government can analyse the situation and reform visa policy, for instance, increasing the en-
dorsement categories of boarder pass, making transnational labour exchange policy, which
may help to prevent some types of transnational crimes such as illegal migrant, illegal border
crossing and human smuggling.
Raising the public’s awareness
The public order cannot be maintained without the public’s participation. In boarder re-
gions, it is of added importance to raise the locals’ awareness of the impacts caused by trans-
national crime and secure the public’s willing cooperation in voluntary observance of the law
to prevent and control transnational crimes.
ESTABLISHING REGULAR CHINA-ASEAN

INFORMATION SHARING MECHANISMS
It is an urgent requirement for China and ASEAN countries to strengthen criminal intelli-
gence collection and information sharing mechanism. China and ASEAN should be devoted
to the improvement of transnational crime intelligence in terms of the collection, integration,
storage and retrieval of criminal information and intelligence, the dissemination of criminal
data and intelligence for further investigation as well as the provision of suspects’ criminal
records. In addition, China and ASEAN should establish a regular information sharing mech-
anism. It is also crucial to set up unified information exchanging criteria and specific infor-
mation exchanging methods, train intelligence personnel and management personnel, and
establish and share the lists of fugitives.
STRENGTHENING CHINA-ASEAN COOPERATION

IN FIGHTING AGAINST TRANSNATIONAL CRIME
Establishing new China-ASEAN cooperation platforms and mechanisms on combating
transnational crime
In the light of conventional crime’s multinationalisation and networked transnation-
al crime, China should be devoted to establishing new international cooperation platforms
and mechanisms on tackling China-ASEAN transnational crimes. With regard to the rapid
growth of conventional crimes, China’s strategy is to analyse the situation comprehensively
and actively participate in sound international cooperation systems; concerning crime’s mul-
6 Wu, Xiayi. China-ASEAN Investigation cooperation. Journal of Jiangxi Public Security College,
2012(5):39.
450 Yuan Yuan
tinationalisation subject to informatisation, China should encourage the drafting and enact-
ing of new international conventions.
Strengthening China-ASEAN multi-agency international collaboration
a. Setting up liaison offices
Liaison offices will enhance exchanges and cooperation between China and ASEAN coun-
tries and increase the efficiency of tackling transnational crimes cases. For instance, Dongxing
(in China)-Moncay (in Vietnam) anti-narcotics liaison office was established in 2012, hereaf-
ter, several liaison offices were set up in China-Vietnam border regions including Pingxiang,
Hekou and Laokai, which have significantly improved China-Vietnam cooperation in drug
trafficking crackdown.
b. Appointing ‘Justice Diplomats’
Police liaison officers are retained in most of overseas Chinese embassies and consul-
ates, however, their responsibilities are limited to police affairs and police cooperation of two
countries. Therefore, ‘Justice Diplomat’ can prove help to international judicial assistance and
justice cooperation in criminal matters.
c. Establishing a specialised China-ASEAN counter-transnational crime cooperation
agency
d. Establishing international joint operation mechanisms
Given the special geographical condition in China and ASEAN and the characteristics of
China-ASEAN transnational crimes, law enforcement agency, the Customs, quarantine and
inspection service should carry out joint operations in order to further boost China-ASEAN
capability of combating transnational crimes.
In addition, boarder control agencies of China and neighbouring countries should estab-
lish real-time dynamic information sharing mechanisms as well as law enforcement collabo-
ration and cooperative investigation mechanisms.
CONCLUSION
Transnational crimes have become a complex threat to economic growth and political and
social stability in China and ASEAN countries. China agrees with most of ASEAN states that
these crimes are to be given priorities, and has been constantly strengthening its capacity in
combating these crimes. This paper studied the main types and characteristics of transnation-
al crimes in China and ASEAN countries, analysed the challenges facing China and ASEAN
in tackling these crimes, described the existing China-ASEAN counter-transnational crime
cooperation mechanisms, and discussed the pertinent strategies that can be employed by Chi-
na for further fight against transnational crime. China constantly presents its determination
to crack down on transnational crime and exercises its international power to build partner-
ships to solve this problem that no nation can solve on its own, which delivers significant
results without doubt. Nevertheless, a consensus is that transnational crime will be a growing
challenge. In addition to the above suggestions for China on its counter-transnational crime
capacity building, China and ASEAN can introduce the China-ASEAN Arrest Warrant sys-
tem like the European Arrest Warrant (EAW), and further strengthen personnel exchanges
and training as well as technique cooperation.
REFERENCES
1. Huangfeng. Research on Extradition. Beijing, China University of Political Science
and Law Press, 2007.
2. Jiangwei. The problems and countermeasures of China-ASEAN cooperation
mechanism on tackling transnational crime. Law and Economy, 2014(2):46-47.
3. Liu, Shengxiang, Xintian. National security and China-ASEAN security coopera-
tion mechanism. Journal of Jiangnan social college, 2016(2):1-7.
4. Wang, Junxiang. China-ASEAN cooperation mechanism on combating transna-
tional crime. Hebei Law Science, 2008, 26(12):173-179.
5. Wang, Xianglin. Types of transnational crimes from the perspective of national
security. Journal of University of International Relations, 2008(4):19-26.
6. Wu, Xiayi. China-ASEAN Investigation cooperation. Journal of Jiangxi Public Se-
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7. YU, Zhigang. Empirical analysis of transnational crimes committed by Chinese
citizens. Journal of National Prosecutors College, 2014, 22(1):112-125.
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demic Exploration, 2016(12):19-25.
Topic VI
FORENSIC LINGUISTICS AND LANGUAGE

FOR SPECIFIC PURPOSES
THE ROLE OF ENGLISH IN THE INITIAL
COURSES OF GEOFORENSICS
Lidija Beko PhD, Faculty of Mining and Geology
Aleksandar Laban M.A., Faculty of Mining and Geology
Abstract: The paper deals with questions relevant to the role of the English language
and its use in the possible implementation of geoforensics as a scientific discipline
at the Faculty of Mining and Geology, University of Belgrade. The intent is to
encourage more meaningful consideration of the significance and role of English and
its applicative models in the initial implementation of the abovementioned scientific
discipline. Initially, the paper explores the existing definitions of geoforensics,
considers its importance, actuality and its relevance regarding the modern needs of
society. Following that, processes of acquiring vocational language knowledge are
identified through two phases with the help of all existing language-learning tools
and facilities within the Faculty. The first phase emphasises the parallel use of the
learner’s mother language and English whereby they translate select written materials
with the aim of acquiring the relevant (untranslated) terminology more profoundly
and systematically. After the first receptive phase, the paper deals with the model of
the productive phase which seeks to facilitate the development of written and oral
skills. The development of oral skills means that the learner acquires communicative
competencies when speaking both with professional and non-professional speakers.
Further, the paper draws attention to the importance of written skills such as the
writing of reports, maps, notes etc. in both technical and colloquial registers. Finally,
the paper presents an analysis and discussion of student stances toward the presented
model of learning, gained via questionnaire. Conclusions to the paper underscore
the importance of using the English language and the legitimacy of the two-phase
model as clear and transparent means of implementing and teaching a new scientific
discipline in tertiary education.
Keywords: geoforensics, interdisciplinary, two-phase model, English, communication
skills.
ON THE CONCEPT OF GEOFORENSICS

Geoforensics, Forensic Geology, and Forensic Geoscience also known as Criminal Geofo-
rensics (sr. geoforenzika, sudska geologija) deals with trace records in the form of land, min-
erals and oil. As its name implies, its main application is in the criminal investigations. In
other words, a forensic geologist can assist the police in those types of crimes such as murder,
terrorism, abduction, serious sexual assaults, rapes, explosive and fire-arms incidents, which
are related to rock fragments, micro-fossils, soils and sediments or artificial man-made ma-
terials derived from geological raw materials such as bricks, concrete, glass or plaster board.
This interconnectedness between the Police and Geology is possible because many of the
basic fundamental principles of geology along with geological techniques and methods are
applicable to police investigations.
456 Lidija Beko
Additionally, geoforensics can be applied in the cases of fraud and theft. Namely, the first
recent data on the use of geology in the investigation of a crime is about 150 years old and it is
associated with the attempted theft of silver. Silver coins which were loaded in Leipzig, arrived
in Berlin in the form of sand, which is a classic case of substitution. At that time a famous
microscopist Hans Christian Ehrenberg was asked to analyse the sand which he compared to
the sand along the route. He identified one location as comparable, and on questioning the
station staff, the confession was obtained and the silver found.
Furthermore, with increasing impact of environmental human activity, the release of con-
taminants into hydrosphere, lithosphere and atmosphere, there has been an increased need
for urgent legal action in this area which, in turn, has led to an increased amount of environ-
mental legislation1. As a consequence, the application of geological techniques and analyses
can be used in identifying and mapping the source and impact of waste materials, pollutants
and contaminants in much the same way as it is used traditionally in the murder cases.
The lack of materials, which is more than evident on this subject, is due to the fact that
despite the increasing activity in this area, the large scale employment of police staff or outside
experts, the works and results were simply not published. This could be interpreted as a mul-
tidisciplinary hiatus or oversight among geology, judiciary and police, or simply the lack of
willingness to establish the realm of new scientific practice and theory. It is more than evident
that the newly-established sophisticated means and methods of analysis of soil, sediments,
waters and air need to be supported by rigorous models both in sound science and legislation
since several cases of “Expert Witness” evidence have been overturned and challenged as un-
safe since the value of Earth Science in forensic investigations is still disregarded2.
ON THE IMPORTANCE OF ENGLISH

AS LINGUA FRANCA IN GEOLOGY
In agreement with this subtitle, we perform a bibliometric analysis accomplished by
Reguant and Casadellà stating that:”(A) English is the language most used in geological
sciences; (B) its use by authors and journals from non-speaking English countries is pro-
gressively, but slowly, increasing; (C) the citing of non-English scientific literature by most
English-speaking authors is scarce or non-existent. This suggests that they lack significant
information, as pointed out by Reguant3 in an advanced result of this work”4.
Likewise, some years earlier, in a more general sense, Crystal stated: “Many people feel
that the only realistic chance of breaking the foreign-language barrier is to use a natural lan-
guage as a world lingua franca. The history of ideas already provides precedents, with Latin
used as a medium of education in Western Europe throughout the middle ages, and French
used as the language of international diplomacy from the 17th to the 20th centuries. Today,
English is the main contender for the position of world lingua franca”5.
1 Nanda V.P., & Pring. G., (2012). International Environmental Law and Policy for the 21st Century.
Martinus Nijhoff Publishers
2 Pirriel, D., Ruffell. A., & Dawson. L.A., (2016). Environmental and criminal geoforensics: an introduction,
Available at http://sp.lyellcollection.org/content/early/2013/09/09/SP384.20, accessed on 20.03.2017
3 S. Reguant. (1993). What lingua franca? Nature, 361, p. 107.
4 Reguant, S. & Casadellà. J., (1994). English as lingua franca in geological scientific publications. A
bibliometric analysis. Scientometrics. 29 (3), p. 335.
5 Crystal, D., (1987). The Cambridge Encyclopedia of Language, Cambridge University Press. Cambridge,
1987, p. 357.
THE ROLE OF ENGLISH IN THE INITIAL COURSES OF GEOFORENSICS 457
INTRODUCTION TO THE PHASES

Since geoforensics is not currently being studied at FMG in either English or Serbian, this
area of study is a didactic blank canvas of sorts. Nevertheless, any potential implementation
needs to be considered carefully lest any initial enthusiasm for this science be lost due to an
ineffective or uninspired course. Hence, with the situation being as it is, a two-phase system
or approach has been proposed to ease students into a completely new scientific discipline
more comfortably.
The initial phase, dubbed the receptive phase, would consist primarily of reading and
translation exercises. Though there are many arguments both for and against the extensive
use of the L16 7, due to the unique circumstances of any potential study of geoforensics we feel
that, in this case, the advantages outweigh the disadvantages given. Most importantly, exten-
sive reading of topical texts is a very effective way of introducing plenty of new vocabulary8 as
well as translation exercises, with extensive support from both the teacher and a specialized
dictionary, facilitating the acquisition of difficult, technical vocabulary9.
Following that would be the productive phase in which the focus would shift to areas more
in line with modern teaching practice such as speaking and writing. The emphasis here would
be on specific vocabulary acquired in the previous phase of study that needs to be activated
through meaningful, practical application. There is no use in dutifully memorising lists of
words and expressions if the same could not be applied in a real life scenario as described by
Donnely10 who talks about how geoforensic officers are often called upon to testify in court.
When doing so, they often need to communicate complicated scientific procedures or princi-
ples in such a way as to be understood by most, if not all, of the members of court. Achieving
this would be a daunting task for native speakers of English, let alone students studying geol-
ogy parallel to English while at the same time practicing their communication skills to be able
to deal with delicate situations they may find themselves in professionally.
ON THE RECEPTIVE PHASE

The linguistic necessity that arises from the above mentioned is that if a teacher is to apply
a scientific context in a classroom, he/she has to rely on a relevant dictionary as a point of sup-
port or departure, and then try to create equivalents in L1. Good English dictionaries are seen
as necessity not because the reading activities are viewed as purely word-to-word translation
ones or those with overly using dictionary in search for meaning. Quite contrary, dictionaries
are tools for bridging the gap between the known and the unknown as well as for linking the
L1 with the L2 in the most appropriate way. In order to achieve this, it is essential that the
student has previously mastered everything that is taught in the fields of study, such as:
-- Geology: stratification, mineralogy, geochemistry, weathering, erosion, soil creep,
landslides;
-- Geomorphology: elevation, topography, relief, slope, disturbances;
-- Geophysics: electrical conductivity, microgravity, seismicity;
-- Geotechnics: friction, cohesion, plasticity, diggability, bulking, shrinkage, swelling;
6 Ur, P. (1996). A Course in Language Teaching. Cambridge. Cambridge University Press., p. 216
7 Harmer, J., (2012). Essential Teacher Knowledge. Edinbrugh Gate. Pearson Education Limited, pp. 55-56
8 ibid., p.122
9 ibid., p.170
10 Donelly, L.J., (2009). The role of geoforensics in policing and law enforcement, Available at https://
www2.le.ac.uk/departments/geology/hosted-sites/esta/downloadable-files/Emergency%20Global%20
FINAL.pdf, Accessed on 25.03.2017
458 Lidija Beko
-- Hydrogeology: connectivity, porosity, permeability, drainage, runoff, liquefaction,

rainfall, flowpaths.
Only by profiting from the above-mentioned academic studies will the student be likely to
establish a basic linguistic context and the order of events in the potential vital role in solving
the crimes. The dictionaries relevant to forensic science are the next step and should include a
wide array of relevant specialist terms from firearms, toolmarks, trace evidence, crime scene
investigation, case history, forensic computing etc. Bearing in mind the advancement of tech-
nological equipment and recent scientific development, students are advised to create their
own version of a dictionary with all the specificities that the forensic practice may encompass.
Reading activities in a geoforensic course are seen as being able to examine, interpret and
reflect on factual texts containing increasing levels of difficulty. Being able to read also means
processing and using varied information from footage, film, drawings, graphs, tables, globes
and maps. For a student to understand and participate actively, it is also necessary to be able
to read and collect information from reference books, newspapers and the internet, and to
assess this information critically.
We discern two levels of readers:
-- Fluent reader – is either a situation model or text model. When reading a text, new
elements of meaning are continuously added to a network of ideas from the text. Some
elements reappear often, while other are not considered as important and fades away from
the reader’s immediate attention. Those elements that remain are integrated into a text model
of comprehension. This model represents the reader’s linguistic comprehension of the text.
When engaging with a text, however, the reader also brings a level of interpretation to the
information processed, and as a result, builds a situation model of reader interpretation11.
-- Proficient reader – is also a strategic reader. According to Grabe12 strategic readers
“engage actively in reading, read far more extensively, and have the motivation to read
for longer periods of time”13. Grabe also adds that strategic readers engage in difficult and
challenging texts, using strategies that will help them manage the text. In order for students
to develop their reading strategy use, they have to explicitly learn about strategy use, as well
as be given the opportunity to implement strategies in their reading. (This will also require
teachers to expand their own knowledge of strategies and how they can be taught and to focus
more on strategies in their teaching).
ON THE PRODUCTIVE PHASE

Since geologists are often asked to transfer or communicate results, advice and recom-
mendations from their geological exploration to different recipients such as politicians, policy
makers, the public, media, judiciary, it is of central importance for them to avoid failure to
precisely communicate the message accurately and clearly. According to Donnely14: “if the
correct message is not conveyed properly, or is misunderstood, or misinterpreted, the conse-
quences can be catastrophic”. It is noted that for geologists the communication of information
11 Grabe, W., & Stroller, F. L. (2002). Teaching and Researching Reading. Harlow, England: Pearson
Education.
12 Grabe, W. (2009). Reading in a Second Language. Moving from Theory to Practice. Cambridge:
Cambridge University Press
13 ibid., p. 227
14 Donnelly, L.J. (2007). Communication in geology: A personal perspective and lessons from volcanic,
mining, exploration, geotechnical and police (forensic) investigations, Available at http://www.
ukgeohazards.info/Documents/Papers/Donnelly%202008%20Communication%20and%20geology.
pdf, Accessed on 21.03.2017
can be more difficult than the investigation itself. This is because many of these investigations
apply highly sophisticated scientific techniques, geological terminology and specific technical
jargon, which when combined with cultural and language barriers, social, political, religious
and economic constraints that often exist, put a geologist in a very difficult position. Namely,
conveying the geological data for the recipient to understand means translating it into many
“Englishes” or sublanguages that exist within the multilayered social strata.
During the study, geologists have either very modest or no training in communication
skills. According to Donnely15 “Spoken communication relies on interpersonal skills and the
ability to convey information effectively, confidently and consistently.” Thus, for language
teachers and geological professors it may sometimes seem very challenging to organize or
improvise interviews with media and the public. Supplementing talks and presentations with
experts and judiciary are no less demanding. “A good communicator must also be a good
listener, using silence, reflecting, paraphrasing and using non-verbal behavior. It is possible,
there should be feedback from the targeted audience of individual16.
Furthermore, the level of successful communication may vary depending on the educa-
tion of recipients, in cases of experts’ communication, it can be of a technical nature, but with
a mixed audience, the appropriate level of non-technical vocabulary is difficult to attain, and
should be considered carefully before the engagement takes place.
At other times however, it is the duty of forensic geologists to write or assist in the writing
of reports, information leaflets, guidebooks, technical notes, letters, professional correspon-
dence etc. which is why honing writing skills should definitely be an important area of focus
in this course17. Only through proper guidance, practice and instruction can our students, the
majority of whom have poor prior writing experience, learn how to be confident and inde-
pendent users of the English language18, and to learn how to deal with the specificities present
in geoforensics.
The usefulness of writing practice could even said to be threefold as it facilitates students’
English skills, as well as benefitting them academically and professionally. Taking into ac-
count that students are often called upon by their professors to produce writing whether in
the form of scientific papers or essays or presentations, this form of writing instruction could
have a favourable effect on their writing skills in general19. Combined with the fact that these
writing skills will undoubtedly be used in their future work20, as is the case with future foren-
sic geologists, extensive practice and instruction of writing seem to be more than justified.
This paper in this respect relies heavily on not so ample body of literature and personal
reports that it may purport to know the best way to bridge the gap of incomprehension of a
professional and a layman (at least as far as geology may be concerned). Rather, it seeks to
encourage educators to try to raise awareness of their students regarding this issue and that
a more delicate, nuanced approach to communication by both sides is crucial for effective
mutual understanding, especially in gravely serious situations that an expert of geoforensics
may find themselves in.
15 ibid., p. 1
16 Donnelly, L.J. (2002). Finding the silent witness: how forensic geology helps solve crimes. All-Party
Parliamentary Group for Earth Science. The Geological Society of London, Geoscentist, 12, 5, p.16
17 Donnelly, L.J. (2007). Communication in geology: A personal perspective and lessons from volcanic,
mining, exploration, geotechnical and police (forensic) investigations, Available at http://www.
ukgeohazards.info/Documents/Papers/Donnelly%202008%20Communication%20and%20geology.
pdf, Accessed on 21.03.2017. pp. 4-5
18 Edge, J., (1993). Essentials of English Language Teaching. London. Longman. pp. 119-120
19 Kellogg, R.T. & Raulerson, B.A., (2007) Improving the Writing Skills of College Students. Psychonomic
Bulletin & Review 14: 237. doi:10.3758/BF03194058
20 ibid.
460 Lidija Beko
RESEARCH: METHODOLOGY, RESULTS, DISCUSSION

Taking into account the novelty of geoforensics and the unique role that English has to
play in familiarising our students with the key concepts and ideas of this interdisciplinary
science, it was deemed crucial to assess their attitudes toward its teaching. We considered a
quantitative questionnaire the most useful research tool for this purpose, namely assessing
attitudes towards the study of a new discipline directly by means of a foreign language.
The students who responded to the questionnaire are currently attending their first year
at the FMG and are well into their second course of English. As far as their English language
ability is concerned, it ranges from beginner to intermediate in most cases with several ad-
vanced students. In order to ensure that the feedback was as accurate as possible the language
used in the questionnaire was Serbian. 93 students in total participated in the survey.
The questionnaire itself is of a Likert-type and is made up from 8 statements assessing
student attitudes toward geoforensics, English and their opinions regarding the parallel study
thereof. The questions could be divided into four categories according to their statements:
-- General attitudes towards geoforensics.
-- Students’ stance towards the role of English in the study of geoforensics.
-- Statements regarding the receptive phase of study.
-- Statements regarding the productive phase of study.
In the statements regarding the receptive and productive phases of geoforensics the stu-
dents had to signify to which degree they agreed with the statements by choosing a number
from 1 to 5. 1 denoted complete disagreement whereas the number 5 denoted complete agree-
ment with the statement.
Table 1: General attitudes towards geoforensics

Regarding student attitudes as to when geoforensics should be studied, if at all, the results
were overwhelmingly in favour of introducing the subject. Just 4% of students deemed the
study of geoforensics unnecessary. What is curious though is that most (68%) would prefer to
study geoforensics at a postgraduate course, not during their Bachelor studies.
Table 2: Usefulness of geoforensics study

In terms of usefulness and its benefit to society, once again most (79%) felt that geoforen-
sics was dually beneficent, benefitting society on one hand by providing another method of
gathering evidence and so serving justice, as well as offering a unique career opportunity that
many had never thought to consider before – a career in law enforcement.
Table 3: Students’ stance towards the role of English in the study of geoforensics
When it comes to the parallel study of English and geoforensics i.e. learning geoforen-
sics primarily through English, a not insignificant portion of students (17%) had misgivings
about the idea. This may be attributed to the generally weak level of English exhibited by most
students, combined with the radical notion, from their point of view of course, of learning a
new subject wholly via English. That being said, it bears repeating that despite these odds, the
willingness to learn and challenge oneself prevails, with the remaining 83% of students opting
for a positive answer.
Table 4: Students’ stance towards language skill enhancement

462 Lidija Beko
The majority of students do feel that developing their English skills would make them
more independent learners. Given the situation that we are currently in, with a new scientific
discipline untranslated into Serbian, making our students more independent learners would
better prepare them to deal with these situations in the future. Therefore, we must make every
effort to promote student independence language-wise.
Table 5: Questions concerning the receptive phase

When it comes to the receptive phase, the majority of students seem to recognise the im-
portance of building up a passive vocabulary from scratch, both through reading and trans-
lation. It does seem that translation is a slightly less popular method though the difference in
preference is not marked.
Table 6: Questions concerning the productive phase

Student responses in the productive phase are even more positive than in the receptive
phase with writing skills being considered slightly less useful than communication skills. This
small dichotomy might stem from the fact that students might be able to more easily see the
practical and direct applications of their communication skills as opposed to producing writ-
ing. That is why it is important to reinforce the idea of the importance of writing in regards
to their future academic success, professional career and the development of English skills.
CONCLUSION
This paper has discussed the concept of geoforensics and its relevance to modern day
society. Geoforensics is an emerging, interdisciplinary scientific field that offers a whole new
perspective to young geological engineers, offering unique employment opportunities previ-
ously unthought of.
Since geoforensics is not a subject currently taught at the Faculty of Mining and Geology
in Belgrade, we have proposed a way in which English and ELT might be used to successfully
implement the study of geoforensics at FMG.
To that end, a two-phase system of study has been devised consisting of an initial receptive
phase focusing on extensive reading and translation and a later phase which puts more em-
phasis on more meaningful and practical language production through speaking and writing
dubbed the productive phase. We felt that in this way students would be given enough time to
acclimate to the new vocabulary, especially that from the area of forensic science.
As our survey has shown, we may tentatively conclude that interest for the study of geo-
forensics does exist although it will still take some time to see how it could be best integrat-
ed into the existing curriculum. More specifically, the greatest point of contention could be
whether or not the subject should be studied during the initial four years of Bachelor studies
or potentially become part of a postgraduate course.
Nevertheless, given student interest, especially regarding future career opportunities, the
possible study of geoforensics at FMG could be a great boon to the students at the Faculty,
the Faculty itself and Serbian geology. Whether or not English, and the study thereof, has a
place in that process remains to be seen, however, it is our hope that we have shown how an
interdisciplinary approach such as this one, integrating language, geology and forensics, may
serve to everybody’s benefit.
REFERENCES
1. Anonymous (1856). Science and art: curious use of the microscope. Scientific American,
11. p.240
2. Crystal, D., (1987). The Cambridge Encyclopedia of Language, Cambridge University Press.
Cambridge, 1987, p. 357.
3. Donnelly, L.J., (2002). Finding the silent witness: how forensic geology helps solve crimes.
All-Party Parliamentary Group for Earth Science. The Geological Society of London, Geo-
scentist, 12, 5, p.16
4. Donnelly, L.J., (2007). Communication in geology: A personal perspective and lessons from
volcanic, mining, exploration, geotechnical and police (forensic) investigations, Available at
http://www.ukgeohazards.info/Documents/Papers/Donnelly%202008%20Communica-
tion%20and%20geology.pdf, Accessed on 21.03.2017
5. Donelly, L.J., (2009). The role of geoforensics in policing and law enforcement, Available at
https://www2.le.ac.uk/departments/geology/hosted-sites/esta/downloadable-files/Emer-
gency%20Global%20FINAL.pdf, Accessed on 25.03.2017
6. Edge, J., (1993). Essentials of English Language Teaching. London. Longman. pp. 119-120
7. Grabe, W. (2009). Reading in a Second Language. Moving from Theory to Practice. Cam-
bridge: Cambridge University Press.
464 Lidija Beko
8. Grabe, W., & Stroller, F. L. (2002). Teaching and Researching Reading. Harlow, England:
Pearson Education.
9. Harmer, J., (2012). Essential Teacher Knowledge. Edinbrugh Gate. Pearson Education Limited
10. Kellogg, R.T. & Raulerson, B.A., (2007) Improving the Writing Skills of College Students.
Psychonomic Bulletin & Review 14: 237. doi:10.3758/BF03194058
11. Nanda V.P., & Pring. G., (2012). International Environmental Law and Policy for the 21st
Century. Martinus Nijhoff Publishers
12. Pirriel, D., Ruffell. A., & Dawson. L.A., (2016). Environmental and criminal geoforensics: an
introduction, Available at http://sp.lyellcollection.org/content/early/2013/09/09/SP384.20,
accessed on 20.03.2017
13. Reguant, S. & Casadellà. J., (1994). English as lingua franca in geological scientific publi-
cations. A bibliometric analysis. Scientometrics. 29 (3), p. 335.
14. S. Reguant. (1993). What lingua franca? Nature, 361, p. 107.
15. Ur, P. (1996). A Course in Language Teaching. Cambridge. Cambridge University Press.,
p. 216
ACOUSTIC PARAMETERS OF SPEECH
AS FORENSIC MARKERS FOR SPEAKERS OF
PRIZREN-TIMOK DIALECT1
Aleksandra R. Lončar Raičević, PhD
Nina Sudimac, MA
University of Niš, Faculty of Philosophy, Department of Serbian Language
Abstract: The present research paper presents the results of the acoustic analysis of
speech of the Prizren-Timok dialect speakers with the aim to obtain data that can
serve as significant forensic markers in legal proceedings. That is why the acoustic
parameters of duration, tone and intensity in the speech of urban speakers from
the Prizren-Timok area were investigated by applying the methods of experimental
phonetics (PRAAT, version 6.0.14, BOERSMA & WEENICK 2016). The research
included twenty participants originally from Niš (the Prizren-South Morava
subdialect) and Svrljig (the Svrljig-Zaplanje subdialect) – the towns which are close
in terms of distance (approximately 30 km), but distant in terms of subdialects spoken
there. The corpus consisted of disyllabic words with the stress on the initial syllable of
approximately the same syllable structure (all the stressed syllables are open, whereas
the post-stressed syllables are either open or closed), placed in the neutral sentence
context. The obtained parameters were processed quantitatively using SPSS, and the
statistical analysis included both descriptive statistics and the comparison of values via
t-tests and ANOVA.
Key words: forensic markers, the Prizren-Timok dialect, duration, tone, intensity,
Serbian.
INTRODUCTION
Forensic phonetics,2 defined as a linguistic discipline, i.e. as a “subspecialist area of applied
linguistics” (Kašić, Đorđević 2009a), deals with the recognition and identification of speakers
based on their speech. Two major tasks in the forensic analysis of speech and its application
are forensic profiling and speaker or voice comparison. The former task involves determining
the regional, social or ethnic affiliation of speakers based on their voice, while the latter in-
volves a comparative analysis of samples from the acoustic point of view.
When it comes to speaker recognition, the entire process can be observed through the
identification and verification of the speaker. Identification is concerned with determining
the speech of the speaker among a number of possible speakers, while verification presents
1 The study was conducted within the project Dialectological studies of the Serbian language region (no.
EDB 178020) funded by the Ministry of Education, Science and Technological Development of the
Republic of Serbia.
2 “Forensic phonetics is a relatively new branch of phonetics which originated in the 1920s with the
technological development of voice recording, and it has developed more progressively in the last few
decades” (Varošanec Škarić, Kišiček 2012: 90).
466 Aleksandra R. Lončar Raičević, Nina Sudimac
a more specific process in which a number of participants are shortlisted and then the claim
of identity is either accepted or rejected. Varošanec Škarić and Kišiček (2012: 90) suggest that
the major difference lies in the number of possible answers, which means that “in the process
of identification, the number of possible solutions is the same as the size of the entire popu-
lation, whereas in the process of verification, there are only two options – to either accept or
reject the claim of identification, regardless of the population size”. Forensic identification of
speakers is part of forensic phonetics.3 In the process of speaker identification, there are two
types of markers in forensic practice:4 the first type of markers is composed of non-linguis-
tic features of the speaker’s voice, while the second type of markers includes the linguistic
features of voice. The first group depends on the anatomic and physiological characteristics
of the phonator, resonator and articulator of each speaker, since these differ across different
speakers according to the listed parameters. The second group is used in profiling, identifying
and verifying of speakers.
One of the main types of the second group (in addition to the markers of social status)
includes the so-called regional markers (Kašić, Đorđević 2009b). Based on these markers,5 the
following traits can be successfully identified: geographic origin of the suspect, his/her current
place of residence, influence of another language variety (if the speaker has spent some period
of his/her life in some other part of the country) or language (if the speaker has lived abroad).
Kašić points out that “this type of forensic analysis opens up a new research field within urban
dialects. That field would involve the investigation of ways in which the representatives of
certain regional dialects accept the standard orthoepy or the speech expression from another
region. When using the standard base, the representatives of some dialectic regions produce
some speech elements in a novel way which could lead listeners to wrong conclusions about
the speaker’s origin. In forensic practice, there can be situations in which the participants are
led to wrong conclusions when listening to a person from East Serbia who has substituted his/
her regional syllabic accent with the standard system consisting of four accents. Relying solely
on their perception, non-experts could assess such speakers as foreigners, i.e. speakers whose
mother tongue is not Serbian” (Kašić, Đorđević 2009b).
The present paper deals with the acoustic parameters6 of speech as prominent regional
markers of speakers from the Prizren-Timok area. Keeping in mind that this area has not yet
been sufficiently investigated from the perspective of acoustic phonetics, the obtained data
may be of use as one of forensic markers in the expert analysis of speech samples.
3 According to Kohler 2000; Laver 2000; Ohala 2000, forensic phonetics is described as an applied
branch of phonetics. Rose (2002) suggests that phonetics and forensic phonetics are complementary
disciplines: phonetics deals with human speech and its acoustic side and perception, whereas forensic
phonetics, in addition to identification, also includes forensic profiling, content identification – if there
is some pathological disorder in speech or a foreign accent, as well as determining the authenticity of a
recording – in case the recording is suspected to be falsified.
4 In terms of the phonetic capacity, the identity is most often determined based on the forensic markers
in the voice quality, articulation quality, articulation features of some speech segments, pitch of the
primary tone, prosodic characteristics and automatism of the regional characteristics of the articulation
basis (Kašić, Đorđević 2009а).
5 For the reduction of unstressed syllables as important regional markers for one part of the Serbian-
speaking territory see Ivanović, Šešum 2009.
6 In addition to technical procedures and auditory speaker identification, one of the methods in forensic
voice identification is the acoustic analysis of voice (Varošanec Škarić 2008).
ACOUSTIC PARAMETERS OF SPEECH AS FORENSIC MARKERS FOR SPEAKERS... 467
BASIC REGIONAL MARKERS OF THE SHTOKAVIAN DIALECT –

ACCENTUATION PERSPECTIVE
Serbian accentuation is based on the prosodic system of the Neo-Shtokavian dialects on
the basis of which the modern literary language was based in the 19th century, which has
been taken as the foundation of the contemporary standard language. Contrary to most In-
do-European and Slavic languages, whose accent is materialized as a vocal burst, Serbian has
a polytonic accent characterized by the rising or falling movement inside the stressed sylla-
ble. In terms of the typology of accentuation systems (Clark, Yallop 1995), where languages
are divided into stress-accent languages, tone languages and pitch-accent languages, Serbian
accentuation system belongs to the third group. Škarić (1991) suggests that pitch-accent lan-
guages (including Croatian) are also called “dynamic tone languages”.
Due to the territorial stratification, the Serbian language has been divided into several dif-
ferent varieties and dialects whose unique characteristics are evident at all linguistic levels –
phonetic, prosodic, morphological, syntactic, etc. One of the main dialectological criteria for
the categorization of dialects of one language is accentuation and, based on the classification
given by Ivić (1985), all Shtokavian dialects can be divided into four major types:
1. The oldest type is exemplified by the three-accent system (two falling accents and a pre-
served acute accent /∼/); it offers the widest variety of accentuation possibilities and is typical
of the Posavina Ikavian speech, as well as the Slavonian Ekavian speech (Ivić 1985: 61);
2. The Old-Shtokavian accentuation was formed by removing the acute accent /∼/ with
the tendency to equate it with the long falling accent (in favour of the latter); it is charac-
terized by two (three) accents and is typical of the Ikavian in Istra, Zeta-Sjenica, Smedere-
vo-Vršac, and Kosovo-Resava dialects (Ivić 1985: 61);
3. The Neo-Shtokavian accentuation emerged as a result of transferring the falling accents
from the internal syllables towards the word initial positions (14th and 15th century) in accor-
dance with metatonia, where “the rising intonation appears at the new place of accentuation;”
it is typical of the more recent Ekavian, Šumadija-Vojvodina and East Herzegovina dialects;
4. In the Prizren-Timok area, there is only one accent which resulted from the elimination
of all quantitative differences.
Having in mind the accentuation disparity of Serbian described above, a forensic phoneti-
cian has to be familiar with Serbian dialects and unique features of different sub-dialects from
the same area in order to successfully identify or create a profile of the suspect by combining
perceptual and acoustic methods. Moreover, considerable migrations of people from rural to
urban areas lead to mixing of speech characteristics of different areas and formation of urban
dialects that include different elements. A forensic phonetician has to find the best ways to de-
termine the characteristics of urban dialects, i.e. to discover the urban markers until “reliable
linguistic data about speech in big cities are determined” (Kašić, Đorđević 2009).
RESEARCH
The primary aim of the present paper is to investigate the acoustic characteristics of speech
of the Prizren-Timok territory that could prove to be important regional forensic markers in
the expert analysis of a speech sample. The research included twenty participants originally
from Niš and Svrljig, the cities which are close in terms of distance (approximately 30 km),
but distant in terms of subdialects spoken there – the former belongs to the Prizren-South
Morava subdialect, and the latter to the Svrljig-Zaplanje subdialect. With regard to the meth-
odological uniformity and obtaining relevant data, all participants were female, between the
age of 18 and 25 – all young, urban speakers.
The list of words for investigating accent realization consisted of 30 examples belonging to
the four normatively expected categories in disyllabic words, without the unstressed length,
which have been verified in the Dictionary of Matica srpska (Rečnik Matice srpske): LF: LR:
SF: SR:7 farsa, testo, firma, gužva, doba, doboš, stado, baka, seka, pismo, Boba, tuga, peta, dete,
petak, tata, tetka, kiša, koža, kuća, bitka, soba, tikva, tašna, dugme, sestra, kosa, bogat, biser,
koza. Keeping in mind that the precision of vocal segmentation is crucial for obtaining ac-
curate values, the present research relied on the guidelines from relevant sources (Ladefoged
2001, 2003, 2006; Gudurić 2004). The recording was conducted in quiet conditions, with the
microphone Combat Gaming Headset G 500, directly in PRAAT (version 6.0.14, Boersma &
Weenick 2016), which was used both for the phonetic analysis and the measurement of acous-
tic parameters. Considering the fact that the stress placement and the number of syllables in
a word may affect the intonation form of the stressed syllable, all selected words are disyllabic
with the stress on the initial syllable, with approximately similar structure of syllables (all the
stressed syllables are open, whereas the post-accentual syllables are either open or closed).
The target words were placed in carrier sentences, and participants were asked to read the
sentence aloud using as natural sentence intonation as possible. Such methodological frame-
work has been adopted from previous research (Škarić 1991, Smiljanić 2004, Pletikos 2008).
Bearing in mind the fact that such an approach based on carrier sentences may add certain
focal characteristics to the stressed word (higher intensity, higher pitch, higher tone, greater
tone range), the narrow focus perspective was selected since, in this position, “accents are
more diversified than in the wide focus”8 (Smiljanić 2004). Škarić (1991: 219) also claims that
“prosodic […] features of syllables in a word are better realized only in the word which carries
the intonation nucleus, whereas in other words those features are less, more or completely
neutralized”.
The recording was performed in an acoustic room, with the microphone, (Combat Gam-
ing Headset G 500), using the Sound Forge software, and the recordings were saved as audio
files in ‘.wav’ format. The acoustic parameters of duration, tone and intensity of the stressed
and unstressed vocal were analysed in the software package for speech processing PRAAT
(version 6.0.14, Boersma & Weenick 2016). All data were processed quantitatively through
the software for statistical data processing – SPSS (version 20.00). The statistical analysis in-
cluded descriptive statistics where the minimum, maximum and average value of vocal du-
ration were calculated, as well as the standard deviation. The data were assessed for normal
distribution using the Kolmogorov–Smirnov test. Considering the fact that all p-values were
higher than 0.05, it can be concluded that the data in all groups met the condition of normal
distribution. Therefore, parametric tests could be used for comparison – specifically, ANOVA.
The data were presented in tables and accompanied by charts (Microsoft Office Excel 2016).
7 LF – long falling, LR – long rising, SF – short falling, SR – short rising.

8 In addition to this method, we also recorded individual words or one-word sentences (e.g. Goodbye) in
a falling nucleus, i.e. in intonation units uttered in a non-expressive manner. However, the disadvantage
of this method was that it was difficult to calculate the tone of the syllable following the stressed one,
since there was a considerable decrease in intensity, so those results were only used as control results,
and were not taken into account for the final statistical analysis. In some cases, the voice turned from
“modal phonation type” into whisper. Lehiste and Ivić (1986: 54) discuss the features of final intonation,
i.e. laryngealization.
RESULTS AND DISCUSSION

The following tables present the results of the average statistical values of duration (giv-
en in milliseconds), tone pitch movement (given in Hz) and intensity (given in dB) for the
stressed and unstressed syllable. The first column shows the results for the stressed syllable,
while the second column shows the results for the unstressed syllable. The initial, middle and
final position in tone movement were marked by the numbers 1, 2, and 3.
Table 1. Average values of acoustic parameters in Niš
Accent Syllable Duration Tone pitch movement Intensity
1 2 3
long 1 115.12 204.60 198.00 194.44 76.85
falling 2 63.08 206.08 197.00 196.28 70.42
long 1 109.33 195.68 189.01 186.60 75.80
rising 2 61.08 191.56 189.08 187.92 71.97
short 1 106.38 197.52 190.56 188.28 76.05
falling 2 59.43 190.40 191.00 188.98 72.44
short 1 113.13 181.10 175.50 177.90 76.21
rising 2 54.62 189.20 188.60 185.90 71.59
The tone line of stressed vocals is characterized by a slight fall in the range of 4 to 10 Hz.
The tone peak in all four accentuation patterns is always realized in the first point of the
unstressed syllable. The unstressed vocal tone movement is falling in all the examined accen-
tuation categories.
Figure 1. Tone movement of the stressed and unstressed vocal in four groups (Niš)
The average quantity of the stressed vocals equals around 110 ms (the average vocal dura-
tion under the long accents equals 112 ms, and under the short 109 ms), whereas the average
duration of the unstressed vocal equals 59 ms (the average duration of unstressed vocals in the
words with long stressed vowels equals 62.00 ms, while the average duration of the unstressed
vowel in the words with short stressed vowels equals 56 ms).9 The statistical analysis results
(t-tests) indicate that there is a statistically significant difference between the stressed and un-
stressed vowels in all four positions – in the words which contain four normative accents (p.
000), and that there is a statistically significant difference in the duration of stressed vowels:
long (p. 081 when vowel duration is compared under the long falling and long rising accents)
and short (p. 073 when vowel duration is compared under the short falling and short rising
accents).10
The average intensity values of the stressed vowel equal 75 dB and 71 dB for the unstressed.
Statistical analysis indicates that intensity is the same in all four groups, i.e. there are no sta-
9 With regard to the stressed syllable duration, Peco (1985: 14) offers measured time intervals in
which certain accents appear: “There is no strict boundary between the average duration of short and
long vowels for all languages, not even for all the speakers of one language, however, the approximate
duration, i.e. the average duration of some vowels, may be determined. Based on the experiments
conducted in different areas of our speaking territory, including the speech investigation involving
speakers from different areas of the Shtokavian dialect, it can be claimed that in Serbo-Croatian, in
its standard pronunciation, the lower boundary of the duration of long stressed vowels with rising
intonation varies between 13 and 16ss, and the longest duration reaches 33ss. Short vowels with rising
intonation have the average duration of 9.5ss-14.06ss. Long vowels with the falling intonation have the
lower boundary at 19.5ss, whereas the longest duration reaches 32.08ss. Short vowels with the falling
intonation last between 8 and 14ss on average. Long unstressed vowels last 16ss on average, whereas the
short ones last half of their duration”.
10 While investigating the Croatian contemporary (produced by speakers when they intend to speak
the standard variety), Pletikos (2008: 212) concluded that there are two different accent systems – the
dynamic system and the tone system, as well as the transitional one which includes accents which have
originated from the other two systems. The author states that “the dynamic system has only one accent
pattern: the high and flat stressed word syllable, followed by a low and flat unaccented post-accentual
syllable. In the dynamic system, many speakers differentiate between long and short stressed syllables,
so the accents occurring in this system were named dynamic short and dynamic long, respectively. Some
speakers reduce the difference in duration (by shortening long stressed vowels), while others completely
neutralise them into short stressed vowels. In the dynamic system in which there is only one accent, it
is realized as a short one, and it is not acoustically different from the short falling accent from the tone
system.”
tistically significant differences in the stressed vowels (p > 0.05), but that there is a difference
between the stressed and unstressed vowels (p < 0.05).
Table 2. Average values of acoustic parameters in Svrljig
Accent Syllable Duration Tone pitch movement Intensity
1 2 3
1 98.80 169.52 162.33 155.41 46.64
long falling
2 51.60 152.68 148.76 143.16 37.56
1 90.76 173.76 168.20 160.36 45.76
long rising
2 49.20 147.76 141.08 135.80 39.20
1 85.76 173.72 167.48 159.24 45.44
short falling
2 51.72 143.52 138.40 132.16 38.16
1 86.01 168.45 163.05 155.05 45.55
short rising
2 52.35 139.25 132.55 125.70 37.85
The tone line of stressed vowels is characterized by a steeper fall when compared to the
previous group of speakers, with the range of about 14 Hz. The tone peak in all four accentu-
ation patterns is achieved in the third point of the stressed vowel. The unstressed tone move-
ment is falling in all the examined accentuation categories.
Figure 2. Tone movement of the stressed and unstressed vowel in four groups (Svrljig)
The average quantity of stressed vowels equals around 90.33 ms (the average vowel dura-
tion under the long accents equals 94.78 ms, and under the short ones 85.88 ms), while the
average duration of unstressed vowels equals 51.21 ms (the average duration of unstressed
vowels both in words with long and short stressed vowels equals 51.00 ms). Statistical analysis
shows a significant difference between the stressed and unstressed vowels in all four positions
(p. 000). Statistical significance is present in the duration of stressed vowels under the long ac-
cents (p. 074 when vowel duration is compared under the long falling and long rising accents),
but there is no statistical significance in vowels under the short accents (p. 954 when vowel
duration is compared under the short falling and short rising accents).
The average intensity values of the stressed vowel equal 45 dB, and for the unstressed 38
dB. Statistical analysis again indicates that intensity is the same in all four groups, i.e. there are
no statistically significant differences in the realization of intensity between stressed vowels
(p > 0.05).
THE COMPARISON OF ACOUSTIC PARAMETERS

AS REGIONAL MARKERS OF THE PRIZREN-TIMOK AREA
After presenting the obtained data for both groups of speakers and analysing the average
values of all parameters, one-way analysis of variance (ANOVA) was performed. Individual
differences in the achieved prosodic realizations of participants from Niš and Svrljig were ex-
amined via PostHoc analysis and LSD test. The obtained results and average statistical values
of the duration of stressed vowels are given below.
Table 3. Statistically (in)significant differences in the duration
of stressed vowels in all four accentuation patterns
City 1 City 2 Statistical signifi-
Dependent variable Standard error
Niš Svrljig cance
long falling accent 6.18414 .018
long rising accent 6.35350 .010
short falling accent 5.15617 .001
short rising accent 5.04182 .000
Comparison of the duration of stressed vowels in all examined patterns in both
groups of participants showed that vowels have longer duration in the speech of participants
from Niš than in the speech of participants from Svrljig, and this difference reached statistical
significance (see Table 3). The longest duration was recorded in the vowels which have a
long falling accent in the standard language, whereas the vowels realized as short falling
were the shortest in terms of length.
Figure 3. Duration of stressed vowels in the compared varieties
Table 4. Statistically (in)significant differences in tone movement – the third point

of the stressed syllable and the first point of the unstressed syllable
Vowel dependence due to the su- Niš Svrljig
pra-segmental level Т3 : Т1 Т3 : Т1
long falling accent .242 .444
long rising accent .125 .014
short falling accent .808 .023
short rising accent .007 .040
When comparing tone lines of the stressed and unstressed vowels, two elements were ex-
amined: the third point in the stressed vowel (Т3) and the first point in the unstressed vowel
(Т1). In the speech of the participants from Niš, there is no statistically significant difference
between T3 and T1 values, except for the vowel in which the accentuation pattern of the short
rising accent is expected. On the other hand, in the speech of the participants from Svrljig,
there is a statistically significant difference in T3 and T1 values, except for the vowel in which
the accentuation pattern of the long falling accent is expected.
As far as intensity is concerned, the results also indicate that there is a statistically signif-
icant difference in intensity in the speech of participants from both Niš and Svrljig in vowels
for all four accentuation patterns, as well as in unstressed vowels (p < 0.05).
CONCLUSION
It is known that the greatest number of typical regional characteristics of the Shtokavian
dialect is related to the lexical accent. In the articulation base of native speakers of central
dialects, there is a four-accent system which is considered as a norm in standard orthoepy,
whereas in the Prizren-Timok dialect, from the prosodic point of view, there are only two
types of syllables: stressed (short) and unstressed (also only short). In contrast to the previous
research which states that “stressed syllables have neither rising nor falling intonation, but
are only characterized by a more intensive articulation” (Kašić, Đorđević 2009b), the present
paper has contributed to the existing knowledge of the realization of the dynamic prosodeme
in the Prizren-Timok area in terms of duration, tone movement and intensity.
Based on the perceptual and acoustic analysis of the accentuation corpus in this paper, it
has been observed that the dynamic accentuation system in the Prizren-Tomok area is not
unique and stable. If the accentuation patterns of speakers from Niš and Svrljig are compared,
based on the obtained results, it can be concluded that there are differences in duration, tone
and intensity. The central accentuation unit with participants from Niš is characterized by
an average duration of around 110 milliseconds, a specific pattern of tone movement of the
stressed vowel which is transferred identically to the unstressed vowel and the average inten-
sity values of 75 decibels of the stressed vowel and 71 decibels of the unstressed. This accentu-
ation pattern, which has certain tonal characteristics, is most similar to the short rising accent
in the standard language (which raises the question of the influence of the tone system on the
dynamic system).
The basic prosodeme with the participants from Svrljig is characterized by a much shorter
duration, the average value of 90 milliseconds, a steeper decline of the tone, and a consider-
ably different intensity, whose value equals 45 decibels for the stressed vowel, and 38 decibels
for the unstressed. Such accentuation pattern is most similar to the short falling accent in the
standard language.11
Based on the obtained results and analysis, in which the basic acoustic features of speak-
ers from the two regions of the Prizren-Timok dialect were discussed, it can be concluded
that the obtained values represent significant regional markers in profiling and identifying of
speakers.
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niques, Oxford: Blackwell Publishing, 2003.
11. Ladefoged, P. Vowels and Consonants: An Introduction to the Sounds of Languages, Oxford:
Blackwell Publishing, 2006.
11 See the papers of Lončar Raičević 2016, Gudurić Petrović 2010, Sredojević 2017.
12. Laver, J. M. D. The nature of phonetics. JIPA 30/1, 2, 2000: 31–6.

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15. Ohala, J. Phonetics in the free market of scientific ideas and results. JIPA 30/1, 2, 2009:
25–9.
16. Petrović, D., Gudurić, S. Fonologija srpskog jezika. Zavod za udžbenike i nastavna sredstva,
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17. Pletikos, E. Akustički opis hrvatske prozodije riječi. Doktorska disertacija. Filozofski
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USE OF FOREIGN LEGAL TERMINOLOGY
IN CRIMINAL LAW – EXAMPLE OF
“ORGANIZED CRIME”
Mile Šikman, LLD1
Faculty of Security Sceince and Law Faculty University of Banja Luka
Tatjana Ponorac, M.A2
Georgi Stojkov Rakovski Elementary School, Banja Luka
Abstract: In the light of the internationalization (science) of criminal law, foreign legal
terms and phrases are becoming more and more prevalent in domestic terminology.
This phenomenon has been particularly evident in the last couple of years in the EU
accession procedure through the process of approximation and harmonization of
legislation. This significantly affects the conceptual and categorical apparatus which
explains, systemizes and classifies the research topic. In fact, it can be said that the
problem of translation of foreign legal texts, scientific and technical, and their use in
domestic legal terminology today represents a challenge to the science of criminal law.
Respectively, the correct understanding and interpretation of the meaning of a foreign
word is crucial for its use in the target language. However, the above requires expertise
and a lot of effort, which is very hard today with the presence of modern technologies
and Google Translate. This paper emphasizes the complexity and difficulties of the
use of multitude of synonyms, homonyms, loanwords and abbreviations for the term
“organized crime” in the criminal law context. The term is also important because
organized crime is the subject of many international documents, which are being
introduced to domestic legislation through norms and provisions of laws and by-laws.
On the other hand, they are the perfect example of the complexity of the issue because
the same words translated correctly in a formal sense do not imply the same legal
content or they generate meanings unfamiliar to the foreign language. In addition,
the use of foreign words and phrases influences the syntax of the language itself. This
is how for instance the literal translation of the English phrase “organized crime” into
“organized criminal offence” can be interpreted in a wrong way.
Keywords: foreign word, terminology, syntax, translation, organized crime, criminal law.
INTRODUCTION
Every science, including criminal law, uses language as conceptual and categorical appara-
tus to clearly and precisely express, systemize, classify and explain its research subject. That is
to say, language specificity is something that is necessary to understand the context in which
particular symbols, terms and language resources are used. However, due to the internation-
alization of criminal law and criminal law science3, seen in the establishment of universal
3 Hirch, H.J. (2005) Internacionalizacija kaznenog prava i kaznenopravne znanosti. Hrvatski ljetopis za
kazneno pravo i praksu, Zagreb, No. 1, pp. 157-172
478 Mile Šikman, Tatjana Ponorac
criminal law or the implementation of international legal documents in domestic legislation,

foreign legal terms have become prevalent. In this regard, numerous synonyms, homonyms,
loanwords and abbreviations pose a problem to the language development of this science,
among which it is necessary to find the terms adequate to relevant concepts and their practi-
cal correlates. Likewise, another problem that has to be taken into consideration is a frequent
change of terms, respectively these terms have to be precisely defined. Finally, with respect to
other semantic criteria, it is also important to consider the criteria of literary and technical
language so as to keep the intended meaning of the term and its place in coherent conceptual
and categorical apparatus of this science4.
Foreign legal terminology in law, including criminal law, represents one of the oldest and
most important legal instruments in the law-making process. According to Orlić in the Pre-
lude to Glossary of Legal Terms5, presence of foreign words in legislation and legal theory
is neither a coincidence nor a mere tendency of lawyers to ‘embellish their thoughts’. It was
through the reception of foreign law and its acculturation that history played a huge part in
which foreign words would constitute the making process of modern legal system6. Never-
theless, it seems that the translation and use of foreign terms still remains a neglected area
in legal studies7, which is somewhat of a paradox considering that, according to Šarčević,
translation is a means of communication in national, supranational and international law8. It
is precisely because of this that she advocates and encourages translators to rely on the func-
tional approach as opposed to the traditional one. Šarčević thus states that “the basic unit of
legal translation is the text, not the word”9. Functionalist translation theories, particularly the
skopos10 theory, placed great importance on function, in the sense of the intended purpose of
the translation and on its cultural embeddedness. Therefore, their most important principles
– the priority of the skopos, the translator as an intercultural expert, the importance of a clear
translation task and, finally, the translation as cultural transfer – provide an adequate basis
for the translation of convention-and-culture bound texts such as application documents11.
Therefore, the skopos partially overlaps with the term functional equivalence and is equated
with it only if there is functional constant in the original and the translation, but they cannot
be equated if there is a change of function in the translation12.
The authors have chosen to examine the phrase “organized crime” since it has been the
subject of international law and introduction of international legal standards to domestic laws
for long. Also, this is the first term to be defined for harmonization in criminal law by the
European Union, and shall serve the same purpose in the domestic criminal law. “Organized
crime” has been discussed widely and the fact that it lacks a unique definition speaks for itself.
In the light of the phenomenon, the authors propose two different types of translation: first,
translation of scientific and technical literature for comparative purposes and second, transla-
tion of international legal documents (conventions, resolutions, directives, decisions) that the
domestic criminal law draws upon.
4 Read more in: Šikman, M. (2011). Organizovani kriminalitet. Banja Luka: Visoka škola unutrašnjih
poslova.
5 Orlić, M. (2002). Predgovor u Rečnik pravnih termina. U. Jovanović, J., Todorović, S. (2002). Rečnik
pravnih termina – srpsko, englesko, francuski, Beograd: Savremena administracija, str. 7.
6 Jovanović, J., Todorović, S. (2002). Rečnik pravnih termina – srpsko, englesko, francuski, Beograd:
Savremena administracija, str. 7.
7 Šarčević, S. (1997). New Approach to Legal Translation. The Hague-London-Boston: Kluwer Law
International, p. 1.
8 Ibid.
9 Šarčević, S. (1997). op.cit., p. 5.
10 Grk. σκοπός = aim, purpose, intention.
11 Kučiš, V. (2014). Translating reference letters in the light of skopos theory, Jezikoslovlje, 15(1), p. 28.
12 Prunc, E. (2012). Entwicklungslinien der Translationswissenschaft, Berlin: Frank & Timme Verlag, p.
152-162.
USE OF FOREIGN LEGAL TERMINOLOGY IN CRIMINAL LAW – EXAMPLE OF... 479
TRANSLATION OF FOREIGN LEGAL TEXTS

AND DOCUMENTS
In the broadest sense, as stated by Brislin, translation is a general term used to convey
thoughts and ideas from one language to another, regardless whether a language is written
or spoken, if the given languages are orthographic or not, whether one or both languages use
signs, such as a sign language13. Catford regards translation, science and theory of translation
(translatology), as a change of textual material from one language with the equivalent ma-
terial to another language14. Wilss defines this transmission process as the “transformation
of the source language text (SLT) to the optimal target language text (TLT) that draws upon
syntactic, semantic and pragmatic understanding of the analytic processing of the source lan-
guage”15. In the same spirit, Vermeer says that translating may be defined as transcultural
acting, action being understood (as it “is“) as teleological (skopos-oriented, prospective) be-
haviour16. Translation is never (as comparative linguistics might prefer to say) a transcoding
of a source text into a target language17.
Catford thus claims that the “central problem of translation practice is finding TL trans-
lation equivalents”18. Nida differentiates between formal and dynamic equivalence; while the
former embodies the form and content in the source and target language, the latter deals
with the same effect on the recipient of translation19. By analyzing the elements which impact
translators during the translation process, it is clear that they transcend pure linguistic con-
siderations and draw upon social, cultural, ethnographic and individual characteristics. It is
precisely because of this that Omazić and Šoštarić regard translation equivalence a superior
concept that is not a mere sum, but rather relies on a set of different types of sub-equivalenc-
es20: lexical, formal, semantic and pragmatic, whose interrelations bring about to translation
equivalence21. As they put it, equivalence is not just a necessary “commonality” or “complete
correspondence”; it is also a form of “similarity” at the cultural and cognitive level22. In terms
of translation equivalence, Koller asserts that the relations between the source text and the
translation can be better defined by taking into account specific frameworks and conditions
as follows: “There is equivalence between the source text and the translation if the translation
can meet certain requirements relating to the given conditions’’23. Based on the conditions
13 Brislin, W.R. (1976). Translation: Application and Research. New York: Gardner Press Inc, p. 1.
14 Catford, J.C. (1965). A Linguistic Theory of Translation, London: Oxford University Press. Noted in:
Omazić, M., Šoštarić, B. (2005). Metonimija kao strategija prevođenja kulturoloških pojmova, Život i
škola, 14(2), 7-16.
15 Wilss, W. (1982). The Science of Translation. Stuttgart: Gunter Narr verlag Tubingen
16 Vermeer, H. (2007). Ausgewählte Vorträge zur Translation und andere Themen. Selected Papers on
Translation and other Subjects. Berlin: Frank – Timme Verlag. Noted in: Kučiš, V. (2014). Translating
reference letters in the light of skopos theory, Jezikoslovlje, 15(1), p. 29.
17 Ibid.
18 Catford, J.C. (1965). A Linguistic Theory of Translation, London: Oxford University Press. Noted in:
Omazić, M., Šoštarić, B. (2005). Metonimija kao strategija prevođenja kulturoloških pojmova, Život i
škola, 14(2), p. 9.
19 Nida, E. (1964). Toward a Science of Translating with Special Reference to Principles and Procedures
Involved in Bible Translating, Leiden: E.J. Brill. Noted in: Omazić, M., Šoštarić, B. (2005). Metonimija
kao strategija prevođenja kulturoloških pojmova, Život i škola, 14(2), p. 9.
20 Omazić, M., Šoštarić, B. (2005). Metonimija kao strategija prevođenja kulturoloških pojmova, Život
i škola, 14(2), p. 9.
21 The authors also add to the set of sub-equivalences cultural equivalence and conceptual equivalence
that include correspondence at the cultural and conceptual level. See more: Omazić, M., Šoštarić, B.
(2005). Metonimija kao strategija prevođenja kulturoloških pojmova, Život i škola, 14(2), p. 9.
22 Omazić, M., Šoštarić, B. (2005). op.cit. p. 9.
23 Koller, W. (1989). Equivalence in translation theory. In A. Chesterman (ed.) Readings in Translation
Theory. Helsinki: Finn Lectura, (99–104). Noted in: Stojičić, V. (2011). Prevodna ekvivalentnost na
nivou leksčkih obrazaca, Philologija 9(9), str. 30.
that determine equivalence, Koller makes a distinction between (a) denotative equivalence
defined by the meaning of the text, (b) connotative equivalence defined by the choice of
words, (c) textual and normative equivalence defined by language norms or a type of lan-
guage, (d) pragmatic equivalence defined by non-linguistic factors and (e) formal equivalence
defined by formal and esthetic characteristic of the original language using stylistic devices24.
However, this concept started to change with the introduction of the functional approach,
which today is regarded as the dominant way of translating. There are three text types – infor-
mative, expressive and operative. Informative texts primarily focus on informing the reader.
Expressive texts emphasize the esthetic aspect over the informative one. In operative texts
form and content are subjected to appellative function, which in return puts emphasis on the
kind of reaction the text will evoke on the reader25. Reiss and Vermeer, noted in Matijašević,
take a step further in terms of text function and devise the skopos theory26. Vermeer views the
translation process as an action which, like any other action, has a purpose. The entire skopos
theory relies on this notion. Vermeer, noted in Matijašević, puts forward the skopos rule: “to
translate means to produce a text in the target setting for the target purpose and target users
in the target circumstances27. According to the theory, the skopos is negotiated between the
translator and the commissioner. Therefore, any form of action, including translation itself,
may be conceived as a purposeful activity – the end justifies the means that is the skopos. The
purpose of the translation process is translation, which is determined by many factors relating
to the reception of the target text. Hence, the focus shifts from the source text (the original)
onto the target text (the translation), where the former is seen only as a source of information
open to many interpretations in different situations28. Nord, quote taken from Matijašević,
differentiates between two translation types by function: documentary and instrumental
translation. Documentary translation “serves as a document of a source culture communica-
tion between the author and the source text recipient”. Instrumental translation shall serve for
communicative function in the target culture without making the recipient aware of the fact
that the text had already been used for another communication purpose29.
Translating foreign legal texts and documents, among other, is bound by the specificity of
legal language. Legal language (language law) is one of the most important running themes
of the philosophy of law, which investigates legal terminology and phraseology30. Language
as a basic tool of communication has a fundamental role in the establishment and application
of general legal norms31. Within the complex law-making process, the formulation of legal
24 Ibid.
25 According to: Nord, C. (1997). Translating as a Purposeful Activity. Functionalist Approaches
Explained. Manchester: St Jerome. Citirano u: Matijašević, M. (2014). Pravno prevođenje u svjetlu
teorije skoposa, Hieronymus, 1(2014), p. 107.
26 Matijašević, M. (2014). Pravno prevođenje u svjetlu teorije skoposa, Hieronymus, 1(2014), p. 107.
27 Vermeer, H. (1987). What Does it Mean to Translate?. Indian Journal of Applied Linguistics. 13(2), 25–33.
Noted in: Matijašević, M. (2014). Pravno prevođenje u svjetlu teorije skoposa, Hieronymus, 1(2014), p. 107.
28 Unlike the traditional theory of translation, the functional theory of translation does not insist on the
equivalence of functions of the source and target text but rather finds them to be (but not necessarily)
different. The fact that a change in function can take place during the translation process represents the
turning point in the history of the theory of translation. Translating is not simply decoding, i.e. finding
proper equivalents, it is so much more than that, because equivalents should serve a purpose, and in
other words, they need to be adequate. In: Zobenica, N. (2015). Funkcionalni pristup prevođenu imena
u dečijim knjigama Mihaela Endea, Filolog, 6(12), 126.
29 Nord, C. (1997). Translating as a Purposeful Activity. Functionalist Approaches Explained. Manchester:
St Jerome. Noted in: Matijašević, M. (2014). Pravno prevođenje u svjetlu teorije skoposa, Hieronymus,
1(2014), p. 107.
30 Matulović, M. (1986). Jezik, pravo, moral, Rijeka: Izdavački centar Rijeka.
31 Savić, S., Konstantinović Vilić, S., Petrušić, N. (2006). Jezik zakona – karakteristike i rodna
perspektiva U: Pravo i jezik: Zbornik referata sa naučnog skupa održanog 4. maja 2006., Kragujevac :
Pravni fakultet, str. 55.
norms is a subject to numerous rules and requirements, generated by legal and technical
methods of law-making, out of which clarity, precision and flexibility are the primary goals
set for the law to fulfill its social function32 . In order to avoid any ambiguity, legal texts often
repeat words, phrases even entire clauses. Language is also impersonal (the government is
addressing the citizens); it lacks expressive lexicon, there are no personal views and pronouns,
expect for the third person. One of the basic syntactic characteristics of a legal text is the use
of the timeless present tense which designates that the law is in function (it is being imple-
mented) at the time of reading, i.e. quoting33. Legal translation is often more difficult than
other types of technical translation because of the system-bound nature of legal terminology.
Unlike scientific or other technical terminology, each country has its own legal terminology
(based on the particular legal system of that country), which will often be quite different even
from the legal terminology of another country with the same language34. Legal translation
bears the added burden of taking into account legal aspects that are not found in other texts.
Legal translators must work not only between two languages and two cultures but between
legal systems that are very different due to the strong sociocultural and historical influence
exerted on them35.
The terminology in legal texts must be unambiguous and precisely defined36. At the same
time, legal texts are regularly subjected to different interpretations. Sometimes this is possible
despite the legislator’s efforts to be as precise as possible, and sometimes this is the result of
deliberate vagueness and ambiguity of the legal text. In terms of translation, the question
arising here concerns how should the translator deal with imprecise terms37. Accordingly,
Šarčević states that translators must be able to “understand not just the meaning of the words
and sentences, but what kind of legal effect they bear and how to convey that legal effect to
another language”38. Šarčević takes a step forward and creates a list of specific competences
necessary in legal translation. The list includes: knowledge of legal terminology, in-depth un-
derstanding of logical principles, logical reasoning, the ability of problem-solving, the ability
of text analysis and the knowledge of the target legal system and the source legal system39.
TERMINOLOGY ISSUES RELATING

TO ORGANIZED CRIME
Terminology issues relating to organized crime are terminological dilemmas found in the
Serbian literature on organized crime. In principle, these are technical issues which do not
necessarily cover the essence of organized crime40. In defining organized crime, authors and
institutions deploy four terms found in the literature. Furthermore, some authors differentiate
32 Lukić R. (1979). Metodologija prava, Beograd: Naučna knjiga, str. 166.
33 Savić, S., Konstantinović Vilić, S., Petrušić, N. (2006). op.cit., str. 56-57
34 Dumitrescu, E. (2014). Difficulties And Strategies In The Process Of Legal Texts Translation,
Management Strategies Journal 26(4), 503.
35 Way, C. (2016). The Challenges and Opportunities of Legal Translation and Translator Training in
the 21st Century, International Journal of Communication 10(2016), p. 1012.
36 Terminology mistakes in the translation of legal documents may have serious repercussions, such
as losing a case or causing liability issues. Legal terminology and phraseology is the major concern for
the legal translator as he/she may bring to a common two or more legal systems which are sometime
extremely diverse and culture-bound. In: Dumitrescu, E. (2014). op.cit., pp. 504-505.
37 Matijašević, M. (2014). op.cit., p. 108.
38 Šarčević, S. (2012). Coping with the Challenges of Legal Translation in the Harmonization Process.
In. Baaij, Jaap (Ed.) The Role of Legal Translation in Legal Harmonization. Alphen aan den Rijn: Kluwer
Law International, pp. 70-71
39 Šarčević, S. (1997). op.cit., pp. 13-14.
40 Šikman, M. (2011). op.cit., str. 22.
between these terms and some see them as synonyms. These are: “mafija”, “organizovani krim-
inalitet”, “organizovani kriminal” and “organizovani zločin”41. Škulić rightfully asks if these
terms are completely or partially different or if this is just a case of misuse of terminology on
the same thing42. One thing is clear – they all put emphasis on the word “organized”, which on
the other hand points to the phenomenological and to some extent etiological essence of the
criminal activity it defines43.
The term “mafija” is used in everyday speech as a synonym for organized crime in general.
This, on the one hand, is an example of how one type of criminal organization, due to its in-
fluence, extends its original meaning. On the other hand, such terminological implication is
just another example of misuse of terminology on organized crime. “Organizovani kriminal”
is a layman term, especially because the word “kriminal” is not common in the academic and
technical milieu, but is more used in everyday speech, i.e. jargon. The term “organized crime”
is mostly found in American criminological and criminal law terminology and it is always
used or translated literally from the Anglo-Saxon literature (organized crime – organizovani
zločin)44. In addition, Škulić considers the term to be inadequate since it does not embody
all its features, rather, in terms of its grammatical and logical sense; it defines it as a criminal
offence which is organized, a characteristic shared by many planned offences, including some
forms of complicity45. In its fundamental and technical sense, the term “crime” in the Amer-
ican literature conveys a connotative meaning in addition to the denotative one. In other
words, it stands for an offence committed by an organization, making it immediately a social
(criminological) and legal form of organized crime. This definition, however, is used to refer
to one delict and organized crime implies repeatedly committed offences46.
“Organizovani kriminalitet” is the most proper term because it brings together the term
“kriminalitet”, which denotes a set of offences, and the attribute “organizovani”, which gives
them a common and distinct feature unlike other forms of criminal behavior47. Namely, the
term “kriminalitet” comes from the Latin word “crime”, meaning a criminal act or offence. It
is a series of activities determined by place and time that pose a threat to the society, because
they are not in accordance with positive legal norms and as such are treated as offences with
appropriate sanctions48. The term “organizovani” is multifaceted; it comes from the words “to
organize” and “organized”. “Organizovati” means to organize somebody or something, con-
nect into a specific system, community, establish desired mutual relations for specific goals,
secure the positive outcome of something or carry out, execute and prepare mutual orga-
nization, get involved in the organizing process. The term “organizovan” is a characteristic,
feature or condition of what is being organized49. By combining the two words “organizovani”
and “kriminalitet” one can derive the etymological meaning of the term “organizovani krimi-
nalitet” as a sum of negative social occurrences (crimes) generated by the actions of mutually
connected groups of people into a system (organization) that commit crimes at a specific
time. Of course, if we add to this the characteristics of modern crime, such as the profession
and specialty of crime perpetrators, abuse of technological advances, secret organization and
41 Read more in: Šikman, M. (2011). op.cit., str. 22-24: Škulić, M. (2015). Organizovani kriminalitet –
pojam, pojavni oblici, krivična dela i krivični postupak, Beograd: Službeni glasnik, str. 103-106.
42 Škulić, M. (2015). Organizovani kriminalitet – pojam, pojavni oblici, krivična dela i krivični postupak,
Beograd: Službeni glasnik, str. 105.
43 Ibid.
44 Škulić, M. (2015). op.cit., str. 106.
45 Ibid.
46 Ibid.
47 Ibid.
48 Krivokapić, V. (1996). Kriminalistika taktika I, Beograd: Policijska akademija, str. 15.
49 Matica Srpska. (1971). Rečnik srpskohrvatskog književnog jezika, Novi Sad: Matica Srpska, pp. 183–
184
action, transnationalization, violence, and, above all, the desire to gain profit by organizing
continued economic (illegal and legal) activities, we will come closer to the definition of the
term “organized crime”50.
APPROXIMATION AND HARMONIZATION

OF LEGISLATION IN COMBATING ORGANIZED CRIME
The issue of approximation and harmonization of EU legislation is a standard issue which
concerns the difficulties of translating and using foreign legal terminology. Namely, in the
EU theory and practice the term harmonization is twofold: one, it denotes one of the policies
implemented by the European Community and two, it denotes the technique for harmonizing
regulations of the EU Member States with the acquis communautaire51. The former describes
the way of achieving political agreement between the Member States in order to realize the
goals from the Treaty establishing the European Community, among others, and implement
previously harmonized internal regulations. The latter describes the process which deploys
different techniques and methods to replace the existing ones or to introduce new regula-
tions to Member States that have the same or harmonized solutions52. In addition to harmo-
nization, the EU legal terminology recognizes the term approximation too, which is used in
official EU documents53. Some authors differentiate between the intensity and extent of the
processes within them, with approximation being more intense in the integration process,
unlike harmonization54, while others regard them as synonymous55. Hence, translating is not
simply a skill of finding the right words but the use of proper techniques too. This is why the
Directorate-General for Translation (DTG) implements unique translation tools as a support
to translators during the translation process. Thanks to modern language technology and
translating memory, the DGT provides translators with a unique service: avoiding repeating
already translated texts and their availability and accessibility. Information and communi-
cation technology plays a key role in EU everyday translations56. Furthermore, during the
decision-making process in translating, translators are faced with a decision where they have
to differentiate between the EU terms and concepts and those in their own national law and
to know when and where it is appropriate to use national terms57.
The importance of translating and interpreting legal regulations in the process of har-
monization and approximation of legislation is evident and indisputable. In that regard, the
EU came to recognize the importance of the growing problem of translating legal acts and
proscribed the two directives58: Directive 2012/13/EU on the Right to Information in Crim-
50 See more: Šikman, M. (2011). op.cit., str. 22-24

51 Vukadinović, R. (2009). Upotreba i zloupotreba harmonizacije domaćeg prava sa pravom EU,
Tematski zbornik radova ’’Pravo Republike Srbije i pravo Evropske unije – stanje i perspektive”. Niš:
Pravni fakultet Univerziteta u Nišu, pp. 1-19
52 Harmonization is a broad term, an ongoing phenomenon and process in non-member states. The
so-called foreign harmonization process has been used in the countries of Central and Southeastern
Europe in the last coupe of decades with somewhat different goals compared to Member States. Finally,
harmonization also stands for a process of voluntary harmonization of internal law, separate from
the EU accession, which aims to create a compatible and recognizable legal setting used in everyday
communication with the world. Vukadinović, R. (2009). op.cit., pp. 1-1).
53 Mitsilegas, V. (2009). EU Criminal Law, Oxford and Portland, Oregon: Hart Publiching.
54 Lasok, K. (2001). Laws and Institutions of the European Union, London: Butterworths.
55 Mitsilegas, V. (2009). op.cit.
56 Kučiš, V. (2010). Prevodilački alati u funkciji kvalitete prijevoda, Informatol. 43(1), p. 24.
57 Šarčević, S. (2012). op.cit.
58 Way, C. (2016). op.cit., p. 1012.
inal Proceedings59 and Directive 2010/64/EU on the Right to Interpretation and Translation
in Criminal Proceedings60. Namely, taking into account the need for mutual recognition of
court verdicts and decisions, police and judicial cooperation in criminal matters concerning
cross-border affairs61, including safeguarding given rights to suspected or accused persons in
criminal proceedings (e.g. the right to interpretation and translation for persons who do not
speak or understand the language of the criminal proceedings concerned, pursuant to Arti-
cle 6 of the ECHR), the European Parliament and Council proscribed Directive 2010/64/EU
on the Right to Interpretation and Translation in Criminal Proceedings. The Directive lays
down rules concerning the right to interpretation and translation in criminal proceedings
and proceedings for the execution of a European arrest warrant. The same applies for the right
to interpretation (Article 2) and the right to translation of essential documents (Article 3).
Right to interpretation implies that the Member States shall ensure that suspected or accused
persons who do not speak or understand the language of the criminal proceedings concerned
are provided, without delay, with interpretation during criminal proceedings before investi-
gative and judicial authorities, including during police questioning, all court hearings and any
necessary interim hearings. Member States shall ensure that, where necessary for the purpose
of safeguarding the fairness of the proceedings, interpretation is available for communication
between suspected or accused persons and their legal counsel in direct connection with any
questioning or hearing during the proceedings or with the lodging of an appeal or other
procedural applications. Right to translation of essential documents implies that the Member
States shall ensure that suspected or accused persons who do not understand the language of
the criminal proceedings concerned are, within a reasonable period of time, provided with a
written translation of all documents which are essential to ensure that they are able to exercise
their right of defence and to safeguard the fairness of the proceedings. Essential documents
shall include any decision depriving a person of his liberty, any charge or indictment, and any
judgment. Directive 2012/13/EU on the Right to Information in Criminal Proceedings lays
down rules concerning the right to information of suspects or accused persons, relating to
their rights in criminal proceedings and to the accusation against them. It also lays down rules
concerning the right to information of persons subject to a European Arrest Warrant relating
to their rights. This Directive applies from the time persons are made aware by the compe-
tent authorities of a Member State that they are suspected or accused of having committed
a criminal offence until the conclusion of the proceedings, which is understood to mean the
final determination of the question whether the suspect or accused person has committed the
criminal offence, including, where applicable, sentencing and the resolution of any appeal.
Interpretation and translation implies that “If you do not speak or understand the language
spoken by the police or other competent authorities, you have the right to be assisted by an
interpreter, free of charge. The interpreter may help you to talk to your lawyer and must keep
the content of that communication confidential. You have the right to translation of at least
the relevant passages of essential documents, including any order by a judge allowing your
arrest or keeping you in custody, any charge or indictment and any judgment. You may in
some circumstances be provided with an oral translation or summary.”
Approximation and harmonization of criminal legislation62 of Member States with the
EU law is mostly evident in combating organized crime. One can say that the EU is a pioneer
59 Directive 2012/13/EU on the Right to Information in Criminal Proceedings, Official Journal of the
European Union L 142/1
60 Directive 2010/64/EU on the Right to Interpretation and Translation in Criminal Proceedings,
Official Journal of the European Union L 280/1
61 Article 82 paragraph 2 of the Treaty on the Functioning of the European Union prescribes setting
minimum norms implemented in the Member States in order to facilitate mutual recognition of court
verdicts and decisions, police and judicial cooperation in criminal matters concerning cross-border affairs.
62 Still, the policy of the EU on harmonization and approximation of criminal law has caused a lot of
in the development of legal response to the criminal phenomenon63. On the other hand, this
process is faced with numerous challenges and difficulties64, which undoubtedly affect their
implementation in both Member and Accession States. This is why this field needs to be ex-
amined to determine the current status of the level of approximation and harmonization of
criminal legislation among Member States65. This is particularly important in terms of com-
bating organized crime, especially in Member States whose legal systems cannot measure up
to this social phenomenon66. The main subject of harmonization is the incriminating act of
taking part in a criminal organization, for which the EU has deployed different mechanisms
for more than 20 years67. The first norm to address this issue was adopted at the Council Joint
Action 98/733/JHA of 21 December 1998 on making it a criminal offence to participate in a
criminal organization in the Member States of the European Union68. Definition of a criminal
organization as a structured association established over a longer period by more than two
persons to commit an offence with the purpose of financial gain is one of the first definitions
of organized crime group in international law69, and it largely influenced the definition of
organized crime group by the Palermo Convention70. Now, ten years after this process is still
being carried out through the norms of Council Framework Decision 2008/841/JHA of 24
October 2008 on the fight against organised crime71, which as law-binding act aims to im-
prove the join potential of the Union and Member States in combating transnational orga-
nized crime. This Decision provides a sophisticated framework of criminal participation in a
criminal organization, reflecting the synergetic approach between the EU and international
organizations, such as the United Nations, in the development of global standards in combat-
ing organized crime. This, however, requires improvements in terms of legal security and its
scope and the level of harmonization achieved by these standards72 .
Here the authors examine the terminology used in the abovementioned Framework De-
cision and its harmonization with the current legislation in Bosnia and Herzegovina73. Ac-
cording to the Decisions “criminal organization” means a structured association, established
controversy and debate. Not only are these terms not clear enough and often misinterpreted, but the EU
tools (legal means and methods of harmonization and approximation) have proved to be insufficient too.
This can be seen in the lack of independent systematic and comparative research on the measurements
of harmonization and approximation. Calderoni, F. (2010). Organized Crime Legislation in the European
Union, London: Springer-Verlag Berlin Heidelberg, p. 21.
63 Mitsilegas, V. (2011). The Council Framework Decision on the Fight Against Organised Crime: What
can be done to strengthen EU legislation in the field?. Policy Department C - Citizens’ Rights and
Constitutional Affairs. European Parliament, Brussels
64 Calderoni, F. (2010). op.cit., p. 21
65 Ibid.
66 What is more, Member States have fundamentally different approaches to the issue in their national
criminal laws, some do not even treat this phenomenon as a separate criminal offence at all. Scherrer,
A., Mégie, A., Mitsilegas, V. (2009). The EU Role In Fighting Transnational Organised Crime, European
Parliament, Brussels.
67 Šikman, M. (2016). Harmonizacija krivičnog zakonodavstva u oblasti suzbijanja organizovanog
kriminaliteta. Zbornik radova Evropske integracije i kazneno zakonodavstvo (poglavlje 23 – norma,
praksa i mere harmonizacije). Beograd: Srpsko udruženje za krivičnopravnu teoriju i praksu, (236-254).
68 Joint action of 21 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty
on European Union, on making it a criminal offence to participate in a criminal organisation in the
Member States of the European Union, 98/733/JHA, Official Journal L 351 , 29/12/1998 P. 0001 - 0003
69 Calderoni, F. (2010). op.cit.
70 Scherrer, A. et. al., (2009). p. 8.
71 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime,
Official Journal of the European Union L 300/42
72 Mitsilegas, V. (2011). op.cit.
73 Namely, by singing Stabilization and Association Agreement Bosnia and Herzegovina immediately
had to harmonize its legislation with the EU acquis, i.e. EU legislation, which is one of its goals. The
Agreement between the EU and its Member States on the one side and Bosnia and Herzegovina on the
other was signed on 16 June 2008 and it came into force on 1 June 2015.
over a period of time, of more than two persons acting in concert with a view to committing
offences which are punishable by deprivation of liberty or a detention order of a maximum
of at least four years or a more serious penalty, to obtain, directly or indirectly, a financial or
other material benefit (Article 1 paragraph 1). Likewise, “structured association” means an
association that is not randomly formed for the immediate commission of an offence, nor
does it need to have formally defined roles for its members, continuity of its membership, or
a developed structure (Article 1 paragraph 2), which is identical with the definition of “orga-
nized group” in the Convention. It is clear that both these definitions do not differ in any way
from the definitions of “organized criminal group” and “structured group” according to the
Palermo Convention in 200074. “Organized criminal group” shall mean a structured group
of three or more persons, existing for a period of time and acting in concert with the aim of
committing one or more serious crimes or offences established in accordance with this Con-
vention, in order to obtain, directly or indirectly, a financial or other material benefit, while
“structured group” shall mean a group that is not randomly formed for the immediate com-
mission of an offence and that does not need to have formally defined roles for its members,
continuity of its membership or a developed structure. One notices that different terms have
been used here. Accordingly, in the Criminal Law of Bosnia and Herzegovina75 “organizovana
grupa” shall mean a group that is not randomly formed for the immediate commission of an
offence and that does not need to have formally defined roles for its members, continuity of
its membership or a developed structure (Article 1 paragraph 21) and “grupa za organizovani
kriminal” shall mean a structured group of three or more persons, existing for a period of
time and acting in concert with the aim of committing one or more serious crimes or of-
fences which are punishable by deprivation of liberty or a detention order of a maximum of
at least four years (Article 1 paragraph 21). Here is where the process of translation comes
into question. The dilemma is whether to use “kriminalna organizacija” as proposed by the
European Union or “organizovana kriminalna grupa” and “strukturisana grupa” as suggested
by the United Nations. Another thing, the Criminal Law of Bosnia and Herzegovina deploys
two more terms with the same meaning “grupa za organizovani kriminal” and “organizovana
grupa”. Although they fall under language and terminological interpretations, we find them
to be identical in meaning and therefore adequate and compliant with the orthography of the
Serbian language. At the same time, this way of translation is consistent with the functional
approach to translation, which is definitely considered to be an acceptable method of trans-
lating legal documents.
CONCLUSION
Foreign legal terminology is not a new concept in domestic law, on the contrary. Many
“domestic” legal terms are actually foreign terms which were introduced into the domestic
legislation and are widely used as such. There are many reasons for this and two stand out in
particular. These include the internationalization of criminal law and the process of harmo-
nization and approximation of legislation to the EU acquis. The first focuses on internation-
alization as a dominant form which manifests itself through the introduction of norms of
international legal documents into domestic legislation (not through the science of criminal
law), while the second stresses the process of harmonization of domestic legislation with the
EU supranational law. Translation and interpretation of legal provisions plays a key role in
74 United Nations Convention Against Transnational Organized Crime And The Protocols Thereto,
(2004). New York: United Nations
75 Krivični zakon BiH, Službeni glasnik Bosne i Hercegovine No. 3/03, 32/03, 37/03, 54/04, 61/04,
30/05, 53/06, 55/06, 32/07, 8/10, 47/14, 22/15, 40/15.
these processes with special emphasis on the type and purpose of the translated legal regula-
tion. This means that the translation must be equivalent to the source text, paying attention
that the foreign legal terms have their counterparts in the domestic language. This is un-
doubtedly very hard to achieve especially when difficult terms such as “organized crime” are
involved. Organized crime shares both criminal and legal features and as such is very hard to
understand in the domestic language, especially in terms of its legal context. Coupled with
the complex international legal framework one comes to realize just how elaborate this issue
is. The analysis of the three documents (EU Framework Decision, United Nations Conven-
tion against Transnational Organized Crime And The Protocols Thereto and Criminal law of
Bosnia and Herzegovina) validates this. Thus, six different terms are deployed to define the
two key concepts that determine organized crime: criminal organization, structured associ-
ation, organized criminal group, structured group, group of organized crime and organized
group. Although synonyms, these terms are different in form nevertheless. The influence of
translation certainly plays a major role too in the way how some words combine and form the
so-called syntax, which, on the other hand, can lead to its misinterpretation.
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Endea, Filolog, 6(12), 126-136.
THE APPLICATION OF FORENSIC LINGUISTICS
IN CRIMINALISTICS
Filip Mirić, LL.D.1
Abstract: In the contemporary world, crime has assumed the most complex and
sophisticated forms, which may only be counteracted by equally sophisticated
instruments for combating crime. In this regard, crime detection and identification
of individual perpetrators of criminal offences calls for a multidisciplinary approach.
Forensic linguistics has a prominent position among numerous sciences and scientific
disciplines which are significant for the development of criminalistics. Language is the
essential means of human communication. The perpetrators of varied crimes often
use highly specific jargon and terminology to conceal their criminal activities. For
this reason, criminal slang is frequently the focal point of criminological research,
which may significantly contribute to detecting crimes and criminal offenders.
Forensic linguistics is a point of intersection of linguistics and criminalistics. The
author analyzes the possible application of forensic linguistics in crime detection,
investigation and identification of criminal offenders, which are the basic tasks of
criminalistics. In Serbia, the expert knowledge of forensic linguistics is seldom used in
practice and discussed in theory. The paper aims to underscore the need for a wider
application of linguistic knowledge in criminalistics, and point out to the possible
course of development of forensic linguistics in the Republic of Serbia.
Key words: criminalistics, forensic linguistics, slang.
INTRODUCTION
The development of speech and abstract thinking contributed to the man’s evolution into
a perfect human being. Language is worthy of scientific study because it represents one of the
fundamental characteristics of human beings: a man without a language would not be hu-
man.2 Communication of messages through language has led to the incredible and eventually
limitless development of mankind. On the other hand, the development of language has also
enhanced the opportunities for association and cooperation among people prone to antiso-
cial conduct, who use it for their own purposes in pursuit of their criminal intentions. Thus,
language becomes their safest refuge.
With the development of forensic linguistics, the study of language has been put into the
service of all those experts who are actively involved in uncovering criminal offences and
their perpetrators. Forensic linguistics is, therefore, a necessary response to the (mis)use of
language by criminal offenders. Sophisticated linguistic forms used by criminals worldwide
should be counteracted by even more sophisticated linguistic knowledge. Therefore, this pa-
1 Corresponding author: Filip Mirić, LL.D., [email protected]

2 Bugarski, R. Uvod u opštu lingvistiku (Introduction to General Linguistics), Čigoja štampa i XX vek,
Beograd, 2003, p.11.
492 Filip Mirić
per is an attempt to consider the possibilities of using forensic linguistics in criminalistics.

In order to evaluate the current stage of development of forensic linguistics in Serbia and
point to its possible applications in crime detection and investigation, including the security
purposes, the paper will (wherever possible) refer to the data from the relevant Serbian crim-
inal law and criminalistic literature, given a relatively small number of papers written on the
subject matter of forensic linguistics. Foreign literature will be used for the purposes of high-
lighting the examples of good practice in this area. This is very important because the forensic
literature in the Republic of Serbia at the beginning of its development. This will point to the
need for a wider application of linguistic knowledge in criminalistics and forensic linguistics,
which has not been adequately used in our country thus far.
Considering that the detection of crime and its perpetrators calls for a multidisciplinary
approach to this issue, the paper is a kind of homage to all scientific and professional efforts
aimed at including a range of experts, not only from the area of law and criminology but also
from from other scientific disciplines, who can contribute to crime detection and prosecution
of perpetrators. In that context, experts in forensic linguistics have a special role and a prom-
inent position in that process.
SCOPE OF APPLICATION
OF FORENSIC LINGUISTICS IN CRIMINLISTICS
It is well known in literature that criminalistics includes three areas of study: criminalistic
techniques, criminalistic tactics and criminal investigation methodology.3 Criminalistic tech-
niques is a branch of criminology that deals with finding, studying, improving and applying
the most appropriate methods and instruments of both natural and technical sciences in the
process of collecting and securing material evidence on the crime and the offender.4 Although
linguistics is a social science, there is a clear link between criminology and forensic linguistics
as the evidence on the crime and the offender can be obtained by analyzing the linguistic
expressions used by offenders; moreover, there are cases where the language itself can be an
instrument for committing the offense. For example, insult is a typical crime committed by
the use of language.
Unfortunately, the potentials of this scientific discipline are insufficiently used in Serbia.
There are many reasons for this. The most important one is the fact that in our country there
are very few experts in this field; moreover, according to the information available, it is not a
subject matter of study, as a specialized course, at any Law Faculty in the Republic of Serbia.
The fact that forensic linguistics still does not have its rightful place in the legal, criminalistic
and police theory and practice in Serbia speaks for itself. The lack of specialists in this field in
the police is a consequence of the inability to acknowledge the systemic problem pertaining
to the progress of modern police activities. Introducing modern methods of combating crime
necessarily requires the recruitment of specialists in forensic linguistics. The process of tran-
scribing or describing the intercepted electronic form of communication on paper, which is
done by officials of other profiles rather than by a forensic linguist, contributes neither to the
efficiency of crime detection and investigation nor to the effectiveness of the criminal proce-
dure.5 In all these areas, the work of forensic linguists is of great significance to the police, the
3 Đurđić, V. Osnovi kriminalistike (Introduction to Criminalistics), Centar za publikacije Pravnog

fakulteta u Nišu, Niš, 2012, p. 2.
4 Ibidem.
5 Manojlović, D, Nikolić-Novaković, L. Forenzička lingvistika-uporednopravni i kriminalistički aspekti
(Forensic Linguistics: comparative and criminal law aspects), Strani pravni život, no.3, 2009, pp. 109-128.
THE APPLICATION OF FORENSIC LINGUISTICS IN CRIMINALISTICS 493
prosecution and courts in the process of combating increasingly sophisticated forms of crime,
such as various forms of organized and cyber crime.6 When it comes to the scope of appli-
cation of forensic linguistics in criminalistics, the main questions that should be addressed
are: what kind of crimes the forensic linguistics knowledge may be most applicable in, and in
what stages of the criminal procedure it may be most adequate to use the forensic linguistic
competences.
Thus far, forensic linguistics has been mostly applied in the pre-trial (preliminary) pro-
ceedings. It is especially important in the modern world, where messages and letters are not
written by hand, but electronically. The subject matter of analysis are also SMS messages,
threats sent by e-mail, blackmail and ransom notes, witness intimidation, extortion, etc.7 The
forensic handwriting expertise is another important element in the detection of some of the
aforementioned forms of criminal behavior.8 Forensic linguists’ expertise is also valuable in
detecting threats and blackmails, especially if they are made in writing.9 Moreover, forensic
linguistics knowledge can be extremely useful in detecting crimes such as: terrorism, forgery
and counterfeiting, organized crime, etc. Forensic linguistics certainly has its place in trial
proceedings, where a forensic linguist may act in the capacity of an expert witness, especially
in cases where it has to be proven that the disputed document or a video recording has been
authored by the defendant.
Forensic linguistics has been used in many European countries for quite a long time. In
England, interviews with the suspects began to be recorded on tape in 1984, when Police
and Criminal Evidence Act (PACE)10 was adopted. Previously, police officers had to write
down everything the suspect said word for word, and they could note two types of evidence:
an interview with the suspect (during which they had to write down their questions and the
suspect’s answers), and the suspect’s testimony (during which the police officers were not al-
lowed to ask questions but only to write down the version of events as dictated by the suspect).
However, this method of taking testimony resulted in various abuses. Suspects often claimed
that police officers kept asking questions, and then recorded the dialogue as a monologue.
Such practices were changed by introducing tape-recorded interviews with suspects. Today,
tape-recordings are also used for checking the veracity of all kinds of allegations (for example,
when the defendant claims that his confession was coerced).11
In the Anglo-Saxon legal system, linguistics has a prominent place in shedding light
on criminal matters and the knowledge of forensic linguistics is a valuable instrument of
truth-finding. This is demonstrated by the case of Timothy Evans, who was found guilty of
murdering his wife and child, and sentenced to death in 1950. The punishment was death by
hanging. The main evidence against Evans was his testimony given to the London Police on
2 December 1949, in which he confessed to the murder of his child and wife. As Evans was
almost illiterate, the statement was given orally and taken by police officers on the record.
During the trial, the defense was based on his allegations that he had nothing to do with the
6 Mirić, F. Drug Addicts’ Slang through the prism of Forensic Linguistics, in: „Archibald Reiss Days “,
Thematic conference proceedings of international significance, Academy of Criminalistic and Police
Studies, Vol.2, 2016, pp. 556-561.
7 Newspaper article: I govor otkriva ubice (Killers disclosed by linguistic analysis), http://www.novosti.rs/
vesti/naslovna/aktuelno.69.html:196189-I-govor-otkriva-ubice, Accessed 11.03.2017.
8 For signature and handwriting expertise, see more in: Đurđić, V., op.cit., pp.109-114.
9 See more: Sveučilište u Zadru: Forenzička lingvistika, hvatanje ucjenjivača analizom pisma (University of
Zadar: Forensic Linguistics: detecting blackmailers by letter analysis), http://www.unizd.hr/Portals/32/
medijska%20pracenost/2010_17_velj%20Unizd_%20Forenzi%C4%8Dka%20lingvistika,%20
hvatanje%20ucjenjiva%C4%8Da%20analizom%20pisma.pdf, Accessed 17.03.2017.
10 Police and Criminal Evidence Act (PACE), http://www.legislation.gov.uk/ukpga/1984/60/contents,
Accessed 11. 03.2017.
11 Manojlović, D, Nikolić-Novaković, L., op.cit, p.118.
494 Filip Mirić
murders, that he was not aware of what he was saying, and that he was afraid of being subject-
ed to police torture if he did not confess to the murder. The case triggered public debate and
subsequent inquiry. Linguistic analysis showed that the part of the statement pertaining to
the murder confession significantly differed both linguistically and stylistically from the other
parts of Evans’s testimony. As the forensic findings confirmed the defence claims, Evans was
posthumously pardoned in 1966.12
Forensic linguistics has developed as a scientific discipline within the framework of rele-
vant institutes. An example of good practice is the Forensic Linguistics Institute in the United
Kingdom, which was established in 1995. Experts involved in this Institute successfully ap-
plied the principles of forensic linguistics in solving many criminal cases, some of which are
murder, terrorism, all kinds of assault, influencing witnesses, analysis of farewell letters, etc.13
In addition to activities within the Forensic Linguistics Institute, this scientific discipline has
been studied and applied in the analysis of documents relevant to criminal proceedings (such
as: testimonies, all kinds of written evidence, etc.). This approach has led to the rapid develop-
ment of forensic linguistics, especially in the United States. Thus, the FBI Forensic Laboratory
includes a Department for document analysis, where forensic linguists perform the linguistic
analysis of collected evidence.14
There are many other fields in criminalistics where forensic linguistics can be implement-
ed. Inter alia, a subject matter of study in criminal linguistics is slang used by criminal offend-
ers. By definition, slang is a colloquial deviation from the standard linguistic usage, which is
often imaginative, lively and inventive in its construction. The perpetrators of varied crimes
often use highly specific jargon and terminology to conceal their criminal activities and/or to
distinguish themselves from other groups. Criminal slang is a direct result of this desire as it
makes it impossible or at least difficult to detect the crime and prosecute criminal offenders.15
For this reason, criminal slang is frequently the focal point of criminological research, which
may significantly contribute to detecting crimes and criminal offenders. From the criminal
procedural standpoint, the study of criminal slang in each specific case takes the form of
expertise which is performed by experts in criminal linguistics.16 The expertise implies proce-
dural actions of evidentiary nature, which are regulated by the criminal procedure code, and
whose results may be the factual grounds of the final judicial decision. Expertise is ordered
when the process of establishing or evaluating some important facts calls for obtaining an
expert opinion of a person who has the relevant expertise and skills in the specific area.
The knowledge of forensic linguistics may be applied in all stages of criminal procedure:
pre-trial (investigative) proceedings, trial proceedings, and post-trial (appeal) proceedings.17
In pre-trial proceedings, the role of a forensic linguist is compatible with the police activities
aimed at criminal investigation and detecting the perpetrator. In the trial proceedings, the
role of a forensic linguist is to assist the court in determining the facts (related to both spoken
and written language) which are relevant for adjudication. In the post-trial proceedings (on
appeal or other legal remedies), the role of a forensic linguist to assist the court in assessing
the adduced evidence and the trial court judgment. Then, forensic linguists may have the
procedural status of an expert witness or an expert person.18 The Criminal Procedure Code of
12 Case cited after: Kristal D. Kembricka enciklopedija jezika (Crystal D., Cambridge Encyclopedia of
Language), [edited by Hlebec G., Terzić B., Jovanović M., et al.], Nolit, Beograd, 1987, p.69.
13 See more: Forensic Linguistics Institute http://www.thetext.co.uk/cgi-bin/view_texts.pl, Accessed
18.03.2017.
14 See more: FBI Services – Questioned documents, https://www.fbi.gov/services/laboratory/scientific-
analysis/questioned-documents, Accessed 22.03.2017.
15 Mirić, F, op.cit, str.557.
16 Mirić, F, op.cit, p.557
17 Olsson J., What is Forensic Linguistics, http://www.thetext.co.uk/what_is.pdf, Accessed 13.03.2017.
18 According to Article 114 of the Criminal Procedure Code (“Official Gazette of RS”, No.72/2011 ...
the Republic of Serbia provides many opportunities to engage forensic linguists in criminal
proceedings but, to our knowledge, their expertise has not been used in practice. Ultimately,
it has a negative impact on the possible development of forensic linguistics as a scientific dis-
cipline in Serbia, which will be discussed further on in this paper.
OPPORTUNITIES FOR DEVELOPING FORENSIC

LINGUISTICS IN SERBIA
Unfortunately, forensic linguistics in Serbia is just at the beginning of its development.
It has not yet been established either as a theoretical or a practical discipline, whose results
could significantly contribute to criminalistic practice and security sciences. Forensic linguis-
tics provides us with knowledge and skills on how to recognize a maze of security phenomena
in the security milieu; it reveals methods and finds instruments for such action.19 It provides
answers to contemporary security threats that often draw huge public attention, which is,
unfortunately, short-lived. The examples of such behavior are many, such as the event in 2009,
when a man with a bomb-grenade entered the Serbian Presidency and handed a letter con-
taining specific demands for the President of Serbia; after a few hours, the offender surren-
dered to the police.20 This kind of events shows the need for analyzing such letters from the as-
pect of forensic linguistics, in order to determine their authenticity and prevent unforeseeable
consequences that may arise to the security of the state and society. Yet, forensic linguistics
in Serbia is insufficiently applied, which contributes to the lack of appropriate experts. This
distressing state of affairs gives rise to a new problem: the role of forensic linguistics in the
system of higher education.
Forensic linguistics is underrepresented in the university and faculty curricula in Serbia.
To our knowledge, forensic linguistics is taught as a subject only at the Faculty of Philology in
Belgrade, as an elective course in the third year of academic study.21 Another positive example
of introducing forensic science in the educational process is the establishment of the Center
for Forensic Training at the Police Academy in Belgrade, in 2014. The Center houses the
up-to-date equipment for general and special forensic training.22 The International Scientific
Conference “Archibald Reiss Days” has also significantly contributed to the development of
forensic linguistics as a science, given the fact that researchers in forensic sciences are provid-
ed an opportunity to exchange their knowledge and expertise in sessions specifically dedicat-
ed to this field of science. This leads to the promotion of forensic linguistics as a science, par-
ticularly in terms of its application in criminology and criminalistics. The establishment of the
Forensic Linguistics Institute in Serbia, similar to those that exist in the UK and the US, would
greatly contribute to improving the efficiency of combating crime. The expertise of forensic
linguists may be of great assistance to criminal investigators, judges, lawyers, criminologists
and other experts in crime detection and prosecution of criminal offenders.
55/2014), an expert is a person who possesses the necessary expertise to establish or evaluate certain
facts in the criminal procedure.
19 Manojlović, D. Forenzička lingvistika u bezbednosnoj teoriji i praksi (Forensic Lingustics in Security
Theory and Practice), Revija za bezbednost, vol. 3, br.11 (2009), p. 49.
20 Newspaper article: Sa dve bombe trazio pravdu kod Tadića (Seeking justice from Tadić with bombs),
http://www.novosti.rs/vesti/naslovna/hronika/aktuelno.291.html:240500-Sa-dve-bombe-trazio-
pravdu-kod-Tadica, Accessed 22.03.2017.
21 See more: Filološki fakultet u Beogradu – Izborni predmeti na katedri za opštu lingvistiku (Faculty
of Philology in Belgrade, Elective Courses, General Linguistics), http://www.fil.bg.ac.rs/wp-content/
uploads/studProg/opstaLingvistika/izborni_predmeti_OL.pdf, Accessed 25.03.2017.
22 See more: Center for Forensic Training, http://www.kpa.edu.rs/cms/akademija/vesti/848-centar-za-
forenzicku-obuku.html, Accessed 25.03.2017.
496 Filip Mirić
One of the possible courses of development of forensic linguistics in Serbia certainly im-
plies expanding the jurisdiction of the technical forensic centers and the application of foren-
sic linguistics in court expertise. The necessary prerequisite is to provide relevant education
and training for forensic staff and experts. Therefore, in addition to the existing educational
profiles in the field of linguistics, it is essential to introduce new educational profiles in the
field of forensic sciences. The introduction of forensic linguistics in Serbian law schools would
contribute to a wider and more comprehensive education of future lawyers, and improve their
professional capacities to actively participate in crime detection and prevention.
IN LIEU OF CONCLUSION
Forensic linguistics is a point of intersection of linguistics and criminalistics. The knowl-
edge of forensic linguistics can contribute to shedding light on the many crimes. In addition,
the knowledge of slang used by criminals is a significant factor not only in detection of crimi-
nal offenses but also in the process of determining relevant treatment for the purpose of their
socialization during the imprisonment. We should not disregard the importance of expert
analysis of different documents in court proceedings, which also falls within the scope of
forensic linguistics. Taking all these processes into account, it is clear that forensic linguistics
and criminology and other criminal law disciplines have much more in common than it may
be assumed.
Finally, although forensic linguistics is still at the beginning of its development in the Re-
public of Serbia, it can be concluded that the enthusiasm of all those involved in theoretical
study and practical application of this scientific discipline provides reasonable grounds to
believe that forensic linguistics will be developing alongside with other criminological and
criminal law disciplines. There is no doubt that the process of combating crime and efficient
crime prevention call for a multidisciplinary approach to the study of crime, crime detection
and investigation. Forensic linguistics can significantly contribute to these efforts.
REFERENCES
1. Bugarski, R. Uvod u opštu lingvistiku (Introduction to General Linguistics), Čigoja štampa i
XX vek, Beograd, 2003.
2. Centar za forenzičku obuku na Kriminalističko-policijskoj akademiji u Beogradu (Center
for Forensic Training, Police Academy, Belgrade), http://www.kpa.edu.rs/cms/akademija/
vesti/848-centar-za-forenzicku-obuku.html, Accessed 25.03.2017.
3. Đurđić, V. Osnovi kriminalistike (Introduction to Criminalistics), Centar za publikacije
Pravnog fakulteta u Nišu, Niš, 2012.
4. FBI Services – Questioned documents, https://www.fbi.gov/services/laboratory/scientif-
ic-analysis/questioned-documents, Accessed 22.03.2017.
5. Internet stranica Filološkog fakulteta u Beogradu – Izborni predmeti na katedri za opštu
lingvistiku (Webpage: Faculty of Philology in Belgrade – Elective Courses, General Lin-
guistics), http://www.fil.bg.ac.rs/wp-content/uploads/studProg/opstaLingvistika/izbor-
ni_predmeti_OL.pdf, Accessed 25.03.2017.
6. Forensic Linguistics Institute, http://www.thetext.co.uk/cgi-bin/view_texts.pl, Accessed
18.03.2017.
7. Kristal D. Kembricka enciklopedija jezika (Crystal D., Cambridge Encyclopedia of Lan-

guage), [edited by Hlebec G., Terzić B., Jovanović M., et al.], Nolit, Beograd, 1987.
8. Krivični zakonik Republike Srbije (Criminal Procedure Code), “Službeni glasnik RS”,
No.72/2011 ... 55/2014) .
9. Manojlović, D, Nikolić-Novaković, L. Forenzička lingvistika-uporednopravni i kriminal-
istički aspekti (Forensic Linguistics: comparative and criminal law aspects), Strani pravni
život, no.3, 2009, pp. 109-128.
10. Manojlović, D. Forenzička lingvistika u bezbednosnoj teoriji i praksi (Forensic lingustics
in security theory and praxis), Revija za bezbednost, vol. 3, br.11 (2009), pp. 45-50.
11. Mirić, F. Drug addicts’ slang through prism of forensic linguistics, „Archibald Reiss days“,
Thematic conference proceedings of international significance, Academy of Criminslistic
and Police Studies, Vol.2, 2016, pp. 556-561.
12. Olsson J., What is Forensic Linguistics, http://www.thetext.co.uk/what_is.pdf, Accessed
13.03.2017.
13. Police and Criminal Evidence Act (PACE), http://www.legislation.gov.uk/ukpga/1984/60/
contents, Accessed 11. 03.2017.
14. Internet stranica Sveučilišta u Zadru: Forenzička lingvistika, hvatanje ucjenjivača anali-
zom pisma (Webpage: University of Zadar: Forensic Linguistics: detecting of blackmailers
using letters), http://www.unizd.hr/Portals/32/medijska%20pracenost/2010_17_velj%20
Unizd_%20Forenzi%C4%8Dka%20lingvistika,%20hvatanje%20ucjenjiva%C4%8Da%20
analizom%20pisma.pdf, Accessed 17.03.2017.
15. Novosti: I govor otkriva ubice (Killers disclosed by linguistic analysis), http://www.novosti.
rs/vesti/naslovna/aktuelno.69.html:196189-I-govor-otkriva-ubice, Accessed 11.03.2017.
16. Novosti: Sa dve bombe tražio pravdu kod Tadica (Seeking justice from Tadic with
two bombs), http://www.novosti.rs/vesti/naslovna/hronika/aktuelno.291.htm-
l:240500-Sa-dve-bombe-trazio-pravdu-kod-Tadica, Accessed 22.03.2017.
CIP − Каталогизација у публикацији
Народна библиотека Србије, Београд
343.85(082)
343.9(082)
351.86(082)
INTERNATIONAL Scientific Conference "Archibald Reiss Days" (2017; Beograd)

Thematic Conference Proceedings of International Significance. Vol. 1 /
International Scientific Conference "Archibald Reiss Days", Belgrade, 7-9 November
2017 ; [editor-in-chief Biljana Simeunović-Patić] = Tematski zbornik radova
međunarodnog značaja. Tom 1 / Međunarodni naučni skup "Dani Arčibalda Rajsa",
Beograd, 7-9. novembar 2017. ; [glavni i odgovorni urednik Biljana Simeunović-Patić]. -
Belgrade : Academy of Criminalistic and Police Studies = Beograd : Kriminalističko-
policijska akademija, 2017 (Čačak : Univerzal). - XII, 495 str. : ilustr. ; 24 cm
Tiraž 200. - Preface: str. VIII. - Napomene i bibliografske reference uz tekst. -

Bibliografija uz svaki rad.
ISBN 978-86-7020-378-5
ISBN 978-86-7020-190-3 (niz)
a) Криминалитет - Сузбијање - Зборници b) Криминалистика - Зборници

c) Сектор безбедности - Зборници
COBISS.SR-ID 249244684

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MEĐUNARODNI NAUČNI SKUP „DANI ARČIBALDA RAJSA“

TEMATSKI ZBORNIK RADOVA MEĐUNARODNOG ZNAČAJA

INTERNATIONAL SCIENTIFIC CONFERENCE “ARCHIBALD REISS DAYS”

„DANI ARČIBALDA RAJSA“

TEMATSKI ZBORNIK RADOVA

THEMATIC CONFERENCE PROCEEDINGS

Thematic Proceedings Reviewers

THE CONFERENCE AND THE PUBLISHING OF PROCEEDINGS WERE SUPPORTED BY

© 2017 Academy of Criminalistic and Police Studies, Belgrade

Glavni i odgovorni urednik

Recenzenti Zbornika radova

ODRŽAVANJE SKUPA I ŠTAMPANJE OVOG ZBORNIKA PODRŽALO JE

© 2017 Kriminalističko-policijska akademija, Beograd

In front of you is the Thematic Collection of Papers presented at the International

Belgrade, October 2017 Programme and Organizing Committees

Vladimir Šebek, Aleksandar Milošević

Darko Dimovski, Ivan Ilić, Ivan Milić

Aleksandra R. Lončar Raičević, Nina Sudimac

CRIMINALISTIC AND CRIMINAL JUSTICE

AT AN INVESTIGATION SCENE RELEVANT MATTERS

THE DEFINITIONS OF THE RELEVANCY DIMENSION

8 Free translation of « le plus rare et le plus ordinaire des défauts ».

THE RELEVANCY FROM THE STANDPOINT

Abstract: Hungary is suffering from large number of ethnic-based conflicts of which

ARE MEDIATION AND RESTORATIVE JUSTICE PROGRAMS

DEFINITIONS OF MEDIATION AND RESTORATIVE JUSTICE

1 Council of Europe, Committee O. M. 1999. Mediation in Penal Matters: Recommendation N° R

HISTORY: THE BEGINNINGS OF THE COREPOL PROJECT

ROMA IN EUROPE AND IN HUNGARY

THE COREPOL PROJECT

THE FIELDWORK RELATED TO WP3, PROBABLY THE MOST

10 Mátraverebély, Bátonyterenye, Mátraterenye, Sóshartyán, Hugyag and Drégelypalánk

followed by the questions concerning the perception of minorities, professional experience,

Overview Data Collection Hungary

total s of Minority (men/women) position counting)

Overview Data Collection Austria

Minority (=M) Police

Overview Data Collection Germany

Abstract. The paper discusses the modalities of simplification of procedural forms,

ON SIMPLIFICATION OF PROCEDURAL FORMS

FUNDAMENTAL PRINCIPLES OF PROCEDURE IN RELATION

TRANSFER OF NEGATIVE EFFECTS OF THE MANNER

22 See. § 251 StPO.

25 See Art. 406, para. I.ilerm 1 and A of the 2011 CPC.

conducting investigation against an unknown perpetrator, defendants right to participate in

vorce, the influence of environmental factors, unemployment, weakening the boundaries of

IMPORTANCE OF GUARDIANSHIP AUTHORITY

General provision of prevention of juvenile delinquency is defined as whole system of mu-

SOCIAL EXPOSURE OF CHILDREN

3 See: David Oldroyd, The Arch of Knowledge, 1986, p. 1, http://books.google.com/books?, Accessed:

FORENSIC PSYCHOLOGY OF ENRICO ALTAVILA

17 Aćimović, M., op. cit. p. 10.

Group Frequency Percentage

Legend: U – Mann–Whitney`s test, W – Wilcoxon test, z – standardized value

Group Min Max M SD Mdn IQR

Total accuracy of assessment 40.00 70.00 60.00 6.18 60 0

Sex differences in the assessment of the veracity of statement (audio recording)

Total accuracy of assessment 92 30.00 70.00 55.54 7.47 60 10

Legend: U – Mann–Whitney`s test, W – Wilcoxon test, z – standardized value