Projects / Programmes
Skupinska in organizirana kriminaliteta kot izziv za slovensko in evropsko materialno kazensko pravo (Slovene)
| Code |
Science |
Field |
Subfield |
| 5.05.00 |
Social sciences |
Law |
|
Researchers (1)
| no. |
Code |
Name and surname |
Research area |
Role |
Period |
No. of publicationsNo. of publications |
| 1. |
22662 |
PhD Matjaž Ambrož |
Law |
Head |
2009 - 2011 |
665 |
Organisations (1)
Significance for science
As already indicated in the annual reports, the relevance of the research findings for the development science manifests itself in two ways. On one hand the results constitute the synthesis and upgrade of domestic and foreign scientific findings concerning group and organised crime. On the other hand they enhance this synthesis by confronting the legal doctrine with solutions developed in judicial practice, which enables us to overcome the traditional discrepancies between the »theory« and »practice«. The project findings also make a substantial contribution to the progress of Slovenian science through the development and promotion of domestic legal terminology.
The aforementioned encourages the use of new tools in explaining the criminal law and its use. Especially the following ones should be emphasised: the upgraded mechanisms of distinguishing between the perpetration and participation; upgraded stance on the role of indirect perpetration in the system of criminal law; improved perception of the accessorship of participation; more precise consideration of individual contribution and culpability when attributing responsibility in cases of organized crime; elaboration of particularities in atypical cases of perpetration and participation; tools enabling careful consideration of differences between different forms of perpetration and participation on the sentencing level; adaptation and transposition of criminal law mechanisms of evaluation of perpetration and participation in the law of misdemeanors as well. These findings have been also integrated in the teaching process.
The presentations of some project findings at the international conferences and in foreign legal press have made these findings accessible to the broader scientific milieu. Since other legal systems are facing similar challenges, the project findings have made a contribution to the scientific cooperation in the region, as well as a contribution in promoting Slovenian (legal) science.
Significance for the country
The relevance of the research findings for the development of Slovenia manifests itself mainly in the following points:
- keeping in touch with contemporary flows in comparative law;
- improvement of legislation and judicial practice;
- contribution to efficiency of criminal justice system, while taking into consideration the guaranteeing function of criminal law as well (balancing »sword« and »shield« function);
- promotion of Slovenia and its legal science.
Firstly, the relevance of the research findings for the development of Slovenia is manifested by the fact that they give a contribution in keeping the contact with the contemporary flows in the comparative and international law in the respective filed. One of the research assumptions is the need to acquire the foreign legal solutions, but not necessarily copy them. Thereby it should be acted critically and with consideration of the own law culture and tradition.
Moreover, the research findings constitute a foundation for the improvement of legislation and judicial practice in the field of group and organised crime (some of the project findings have been implemented within the current amendments of Slovenian criminal legislation). Hence, the research findings will contribute to the more efficient operation of the criminal justice system. However, a more efficient administration of justice in the field of group and organised crime is not conceived in this project as something which would be isolated from other socially relevant values, such as the adequate protection of human rights and liberties in pre-trial process and criminal proceedings. In this respect, the project is important also for the further development of the guarantee function of criminal law and through that the consolidation of the constitutional principles of the state with the rule of law.
Finally, the presentation of the project findings at the international conferences and in foreign legal press have contributed to the international recognition of Slovenia and its legal science.
Most important scientific results
Annual report
2009,
2010,
final report,
complete report on dLib.si
Most important socioeconomically and culturally relevant results
Annual report
2009,
2010,
final report,
complete report on dLib.si
