ČASOPIS VJEŠTAK

Problems in forensic medical expertise of reduced life activity

Zoran Ivanov — 2023-09-24

In forensic medical expertise, the reduction of life activity, it is necessary to determine the time and intensity of all life activities of the injured party and its consequences in the form of morphological and/ or functional disorders.
In the performance of everyday life activities, “usual life activities” are observed. Their performance is influenced by functional deficits that are evaluated by applying the European table. In performing “individual life activity”, the intensity and time of individual physical effort are important. For these parameters, the values of the functional deficit increase according to the European table, which is only the basis for assessing the decrease in life activity.
The Finding and Opinion requires a numerical and descriptive statement for a more complete insight into both the parties to the dispute and the court itself.
The total decrease in life activity is obtained by summing the reduction of usual and individual life activities. Example: 2.46% + 1,01% = 3,47%.
Quantification and description of reduced life activity is the basis for declaring the degree of mental pain. By declaring a reduction of life activity, by applying the European table and the proposed criteria, the damage is determined much more precisely, which equalizes the court practice and fair monetary compensation.
It should be realistically indicated up to what age the injured party can practice life activities from the circle of hobbies, recreation. For these reasons, it is indicative to make a statement after a certain time because of the possibility of consequences getting worse.

European Arrest Warrant and European Integrations in Criminal Matter

Miodrag N. Simović — 2023-09-24

The European arrest warrant is an institution used by the judicial authorities of the Member States of the European Union to arrest and transfer persons who are in other Member States of the European Union, for the purpose of criminal prosecution or execution of criminal sanctions, detention and other measures of restraints, which imply the limitation of freedom within the boundaries necessary to achieve the purpose for which it is issued. The purpose of introducing this order is to mitigate the strict formalism of the traditional extradition system and to replace the classical model with a progressive system of extradition, which confirms the mutual trust of states in the decisions of national judicial bodies. The goal is to build a common judicial space for the Member States of the European Union. In this way, the states to some extent renounce a part of their sovereignty, for the purpose of higher general interests and accessibility to justice for everyone and under equal conditions. In this context, of great importance for the implementation of the European Arrest Warrant is the cooperation that is carried out through national authorities, as well as specialized bodies of the European Union such as Europol, Eurojust, the European Judicial Network (EAJ) and others.
The order implies mutual respect and recognition between the Member States of the European Union in the field of international criminal law. The European Union, i.e. the Member States, as well as the national courts are obliged to ensure respect for the fundamental rights of arrested persons, as well as the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Every person arrested on the basis of a European Arrest Warrant has the right to a lawyer, as well as an interpreter if he/she does not understand the reasons why he/she was arrested, all in accordance with the laws of the country in which he/she was arrested.

Forensic expertise in damages for permanently increased needs

Zoran Ivanov — 2023-09-24

In the case law it has been observed that a large number of those injured after the event (injury or illness) have permanently increased needs. Because of the injured, other help is needed to meet basic living needs (when moving, dressing, taking food and meeting other everyday needs). Pursuant to the provision of Article 195, paragraph 2 of the ZOO, the person responsible for the damage is obliged to compensate the injured person in the form of financial compensation resulting from the permanently increased needs caused by the consequences of the event.
So far, the case-law has been known to have an injuries in which the injured person was provided with help on the basis of the invoices for the services of another person, transportation to the destination, medical or other institution. The time for assistance was determined by free assessment.
The basis for other people’s help because of permanently increased needs is considered to be a separate entity and is realized in cases where the injured person needs other help in fulfilling basic living needs, and not those life-saving activities that provide life joy and hedonism.
So far there have been no recommendations for expertise in case of permanently increased needs.
By examining the physical and psychological consequences, the expert determines functional impairment as the basis for determining the need for someone else’s help due to permanently increased needs.
The authors propose the medical necessity of someone else’s help when, due to the overall consequences of the disorder concerned, the functional impairment of the injured party is 100% or more. (qualification for further procedure).
The reduced value of the consequences of the drop-down menu for the subsequent procedure is attained to determine the indicative time for someone else’s help.
The basic actions in which no other help is required (passive part) such as sleeping, bed rest, sitting on a bed or armchairs where the share of someone else is helpful to the minimal and active part (physiological needs, bathing, haircutting, nail cutting, self-pulling , dressing, footwear) where the share of someone else’s help is much higher.
By applying an active part of basic living needs in relation to a reduced value, the drop-down menu shows the indicative time for someone else’s help.
It is expected that the help of another person for a period of one to several hours per day will significantly contribute to raising the quality of life of persons with permanent consequences of injury or illness.
The proposed method would allow for a precise evaluation of the consequences of damage and determining the time needed for someone else’s help due to permanently increased needs.

Expertise in Family and Inheritance Law

Duško Medić — 2023-09-24

Expertise as evidence is of exceptional importance in all civil court proceedings. In family law relations, we have pointed out its importance in the procedures of establishing and disputing paternity and maternity and the division of marital property, where this evidence is regularly used. Expert services are also often used in inheritance law disputes. There is a possibility to dispute certain documents on which the inheritance rights of certain persons depend. In most cases, these are gift contracts, contracts for life support and wills, where the authenticity of signatures, initials or fingerprints, the mental state of the person who made a certain document, willpower and the like are disputed. Experts can also be engaged in inheritance proceedings.

Expertise in Administrative Dispute

Strahinja Ćurković — 2023-09-24

Expertise in an administrative dispute is a type of expertise, since expertise is also performed in other proceedings (criminal, civil, commercial, misdemeanor, etc.) that can be used as a means of proof, and which has its full role and significance in administrative proceedings, because the factual situation is determined in administrative proceedings since the provision of Article 29, paragraph 1 of the Law on Administrative Disputes prescribes that the court resolves the dispute, as a rule, on the basis of the facts established in the administrative proceedings. The paper presents the concept of expertise, the content of the expertise order, the definition of findings and opinions and what a finding should contain, and what an expert’s opinion is, when expertise is performed and when expertise is not required, what types of expertise are most often performed in administrative proceedings, that is, an administrative dispute.

Static Load Capacity Analysis nn Double Ladder With Reinforced Treads

Bogdan Šimun — 2023-09-24

The paper performs a static check of the load-bearing capacity of double ladders used in construction for painting and electrical works at a height of 2 to 3 meters. The aim was to determine the maximum load-bearing capacity of the ladder in the most unsuitable position as well as ladder crossbars, allowed stressing of the material from which the structure is made, which is fir and spruce, and at the same time checking the stability of the vertical beams to bending. The paper was done as part of the forensic expertise.

Contemporary Forensic Dentistry

Bojan Jelić — 2023-09-24

Forensic dentistry is a science that, in the interest of justice, deals with the proper handling and examination of dental evidence and the proper assessment and analysis of dental findings. It has become an irreplaceable science in medical-legal matters and the identification of a deceased person. Teeth are often preserved even if the deceased is skeletonized, decayed, burned, or disassembled. Various methods have been developed to determine a person’s age, gender and ethnicity, using dental tissue. The methods of data collection and additional technologies used in forensic dental identification have undergone a significant transformation. This article provides an overview of conventional methods and newer concepts used in forensic dentistry.

Legal Nature and Basic Procedural Determinants of Criminal Proceedings in Bosnia and Herzegovina

Sadmir Karović — 2023-09-24

In this paper, the authors focus on the legal nature of criminal procedure in Bosnia and Herzegovina with special emphasis on the reform processes of criminal procedure legislation and the adoption of new legal solutions of procedural nature in the last two decades, respecting the tendency of efficiency and protection of basic human rights and freedoms. In order to efficiently conduct criminal proceedings, we recognize and identify the main and secondary subjects of criminal proceedings whose role is very important from the aspect of clarifying and resolving certain criminal matters as well as making a court decision. In that sense, the role and importance of the mentioned subjects in terms of undertaking criminal proceedings in connection with the realization of the criminal procedure task, in order to understand the legal nature, structure and course of criminal proceedings, and the realization of the catalog of legally prescribed rights of suspects and accused persons. Also, special attention is paid to the specific procedural position and status of juveniles in criminal legislation as perpetrators and injured parties in criminal proceedings, appreciating their age as a basis for differentiation and protective treatment in relation to adults.

Inspections in the Republika Srpska

Milena Simović — 2023-09-24

The National Assembly of the Republika Srpska recently passed a new Law on Inspections of the Republika Srpska, which was published in the “Official Gazette of the Republika Srpska”, No. 18/20 of March 4, 2020. The adoption of this law was preceded by a public debate because it regulates issues that are of special importance to citizens and which it is necessary to consult the most widely interested bodies and organizations, scientific and professional institutions. Among other things, in relation to the previously valid Law on Inspections in the Republika Srpska, a new category of inspectors was introduced - inspector of special and internal control, all with the aim of raising the quality of work of inspectors, eliminating illegal, irregular and unprofessional work, respecting the rules of procedure, standardization of actions by improving internal procedures and gaining the trust of citizens and legal entities in the work of inspections. In order to avoid duplication, i.e. overlapping of inspection controls, the harmonization of work plans of republic inspectors and inspectors who perform inspection supervision at the level of local self-government units is regulated, in order to improve coordination of inspections and efficiency of inspection supervision and monitoring their implementation. In addition, in order to contribute to the growth of the economy and competitiveness in the business environment through inspection supervision, new powers have been prescribed to strengthen the preventive action of the Republic Administration for Inspection Affairs, which is reflected in providing advisory assistance to supervised entities.

Determining the age of trees and stands when recognizing usurpations

Stefan Stjepanović — 2023-09-24

Forests in the sense of the Law on Forests are areas overgrown with forest tree species, on an area larger than 0.16 ha, minimum width 20 meters, with the degree of land cover with tree canopies at least 20%, regardless of whether young or adult trees, either to be of high or treacherous origin. A precondition for discussing usurpation is the establishment of a boundary line between forests and forest land on the one hand and agricultural land on the other. After the last acts of war, the number of usurpations in the Republic of Srpska increased enormously, which made it impossible to rationally and sustainably manage the forests located on the usurped land. By not recognizing the usurpation, the stands would become state property, and by recognizing it, it would become private property, which would lead to the establishment of regular management of those forests. Whether the usurpation will be recognized or not depends on the age of the forest located on the usurped land, so it is important to know how to correctly determine the age of trees and stands.

Operational Procedures in Prisons of Bosnia and Herzegovina for Violent and Extremist Prisoners, Rehabilitation of Convicted Persons

Marina M. Simović — 2023-09-24

The paper presents legal and other regulations and practices concerning high-risk persons in Bosnia and Herzegovina. This includes persons convicted of terrorist acts under Art. 201-202d and Illegal formation and association with foreign paramilitary or para-police formations - Article 162b of the Criminal Code of BiH.
The author’s attention is focused on security treatment, risk assessment, reclassification of prisoners, the possibility of transfer to another institution, benefits, supervision measures of prohibitions or restrictions, existing restrictions for granting benefits, enhanced supervision, mutual assistance and cooperation between prisons and police agencies in BiH for the purpose of system security regarding execution of criminal sanctions and public order, accommodation, effective right to assistance of interpreters, benefits and health information of prisoners - foreign citizens, notification of the date of entry and release of a foreign citizen or stateless person, and notifications of security agencies or services sent to the institute for execution of criminal sanctions.

Mechanical Ventilation and the Importance of Mechanical Ventilators in Intensive Care Unit

Mara Ostojić — 2023-09-24

Mechanical ventilation in its aspects, takes the leading place in ICU. Mechanical ventilation is indicated in cases where the patients spontaneous breathing is impared. Mechanical ventilation can be invasive and non-invasive. Mechanical ventilator can completely replace normal lung ventilation. The greatest success in the treatment of respiratory endangered patients is to cure the underlying cause of the disease, separate it from respirator and allow him to breathe spontaneously.

Occupational Injury Expertise Problems Due to Injury of People in Contact with Sliding Doors

Milan Radošević — 2023-09-24

Reliability of work equipment is the ability of work equipment to perform the required function, under the given conditions and at a given interval of time without failure. It is very often the case that the failure of certain pieces of work equipment causes injury to both the person handling the particular equipment and the a person who is nearby at a given moment.. Of course, it should be remembered that injuries in a large number occur not because of failure / malfunction of work equipment but precisely because of the human factor itself. Usually, injuries at work can be of minor magnitude (scratches, dislocations, cuts, etc.), while in some cases, injuries at work can be of greater intensity causing permanent disabilities (loss of body parts, immobility, etc.) or, in the worst case, fatal injuries. One example, which occurs in practice, is injuries resulting from contact of people with sliding doors. The most common injuries of this type are found in different malls, shops, etc. The aim of this paper is to present the problems encountered by expert in the evaluation of occupational injuries caused by sliding doors with a specific example from practice.

ICON – word and image of the invisible

Saša Malbašić — 2023-09-24

Icon yesterday and today icon developmentthrough history. What is an icon and iconography. What is a canon as a set of theological dogmas in icon painting. Icon-art or craft. Icon-art of multi-originals. Tchniques of icon painting and icon collecting. Age, authenticity and forgeries in iconography. Legality in the icon trade.

Procedures in the Event of the Invention of Explosives Diversion Equipment and Other Dangerous Items on Open Space

Suzana Todorović — 2023-09-24

Material losses during the civil war in BiH were huge. In almost every area where war operations were conducted, there was more or less destruction of roads, bridges, railways, telecommunications systems and other forms of infrastructure, and some countries experienced a serious reduction in industrial and other resources. While the population of the former Yugoslavia has been decimated and forcibly displaced, the number of those killed in the war is still unknown. However, what is most worrying is the fact that the consequences of the war are still being felt in Bosnia and Herzegovina. These consequences are often the result of the fact that in the years after the end of the war we had mine victims, in 1996 the number was up to 50 per month, which is more than alarming. In such a situation, mine action is justifiably indicated as a condition for the return of refugees and displaced persons, reconstruction and development of the country’s natural and economic capacities. In this chapter, we will discuss the Standard Operating Procedures (SOPs) of the demining organization of the AF BiH, which participates in humanitarian demining.

Professional and Legal Disorders in Expert Examination of Documents

Dane Branković — 2023-09-24

All types of documents, whether in the form of sheets of paper, cardboard or synthetic material, or are in the form of smaller or larger booklets, whether they are identifiable, financial or advertising documents are exclusively graphic products. They are made and multiplied in printing houses by professional technological phases of work. If necessary, they are filled in and certified by defined procedures of authorized services or persons. The authenticity of any document or any graphic element in the documents can be professionally determined / expertly only by the selected most professional graduate engineers of graphic technology. No learned various educational profiles(“Self-educated graphologists”) they can’t do it because they’re not experts at it, because graphic technology is quite heterogeneous in its content and scope, and they did not mention or study it professionally during their public education. There is no graphologist profession, there was no graphological field. This was introduced into public practice by uninformed lawyers who were the first to start writing and explaining signatures in documents a long time ago.
Graphology is an unscientific procedure in assuming personality traits based on his handwriting and assuming the state of his soul. Science knows no assumption. Science knows a scientific field called overhead projection and it includes:
- determining the technological authenticity of graphic elements in documents,
- determines the relative age of graphic elements in documents,
- determines the correspondence or discrepancy of individual characteristics of the manuscript in the text, the manuscript in the signatures, the manuscript of the numbers and
- determines the identity or non-identity of graphic elements in undisputed and disputable documents.

Consumers’ Status and Legal Protection of Their Rights and Interests in Bosnia and Herzegovina and the Republic of Srpska

Milica Bukva — 2023-09-24

In this paper the authors analysed and described consumers’ status, level of their legal protection, i.e. to which extent rights can be exercised and obligations met at the level of Bosnia and Herzegovina and its entities. In addition to that, special emphasis will be placed on the level to which consumers are informed about their consumer rights and on the method of exercising and protecting the abovementioned rights as well as on preparedness to advertise purchased products or provided services. Consumer protection law represents a new area of law whose primary goal is the protection of economically weaker party in contractual relationships referring to purchase and sale. In our region consumer protection has not been regulated by a single law for a long time, but that issue was resolved by various regulations, mostly the Obligations Act. Such was the practice until individual laws were adopted regulating this area of law in BiH, i.e. its entities. In addition to offering a wide range of products and services, the contemporary market includes high level of consumer protection too, i.e. creation of institutional structure representing foundation for carrying out efficient consumer protection policy. Training and informing consumers are necessary not only for the protection of their rights but also for them to get acquainted with and meet their obligations regularly because ignorance of rights and obligations referring to one party or another is frequently a reason why they are a subject of deprivation of rights.

Expertise in Dentistry - Theory and Practice

Bojan Jelić — 2023-09-24

Forensic dentistry is a science that deals with the proper handling and examination of dental evidence and the proper assessment and analysis of dental findings in the interest of justice.
This paper presents the importance of recording and storing dental data so that proper expertise in this area can be performed later.
The importance of the participation of an expert witness of this area in the expert team of expert witnesses during the first investigation, together with the police, was also shown.

Krivična djela protiv časti i ugleda

Marina M. Simović — 2023-09-24

Book review

Prikaz i komentarisanje Rješenja iz oblasti vještačenja i procjenjivanja po pitanju registrovane djelatnosti

Milica Bukva — 2023-09-24

Prikaz rješenja uz dodatne komentare