Consequences of explosive devices' activation on victims and their criminal justice importance
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This paper contains analyses of intentional and unintentional activation of explosive devices with consequences on victims in the period of seven years (from 2000 through 2006). The charts in this paper show the statistic trend of increase/decrease of explosions' number i.e. consequences of explosions on victims. This paper also points out the possibilities of various legal qualifications from the standpoint of perpetrator's culpability (mens rea), and also the importance this element has to determine the type and to estimate the mass of the used explosive. Purpose: The objective of this paper is to demonstrate the importance of knowing the type and mass of used explosive within the activated explosive device in order to correctly determine the form of culpability of a perpetrator and to impose an adequate criminal penalty. Design/methodology/approach: Theoretical and statistical approach; analysis of police practice in the Republic of Serbia. Findings: The decreasing trend of activate...d explosive devices numbers in the period 2000 2004 was noticed, but also the increasing trend in 2005 and 2006. Such trends are followed by explosion consequences. Also, it is stressed out that there is a possibility to determine the type and mass of the explosive based on the traces on explosion victims, and after that on the importance of an accurate and timely estimation of explosive's mass for the determination of criminal legal issues (material) in criminal proceedings. Research limitations/implications: Disability of experimental explosions. Practical implications: Assistance to the court in legal qualification of a criminal offence, determination of guilt and sanctioning of a criminal offence by an explosive expert who shall determine the type and mass of used explosive based on the explosion effects on the victims. Understanding the type and mass of used explosive is also important for having a legal and fair trial (a trial within the reasonable time) and the-efficiency of criminal proceedings. The judge who has the knowledge of the importance. of determination of type and mass of used explosive for informing numerous criminal legal matters, producing timely investigations. Such information an reduce unnecessary additional or repeated expertise. Originality/value: Separation of the importance of selected topic relevant for the correct sentencing in criminal case regarding the noticed deficiency in the treatment of this topic by the expert (legal) community.
Keywords:explosive device / explosion / explosion effects / fatalities / severe bodily injuries / slight bodily injuries / legal qualification / culpability (mens rea)
Source:Criminal justice and security - contemporary criminal justice practice and research, conference proc, 2013, 279-
- Univ Maribor, Faculty Criminal Justice & Security, Ljubljana