Date and place of thesis defense:
01.02.2008, Faculty of Law
prof.dr. Duško Modly
Legal aspects of management in crisis situations
The crisis could be defined like unstable time, specially the time of hardship or dangers.
The crisis also could be described like an experience which is unusual in the individual life, or experiences of the groups and states.
The crisis is also a threat to basic values. It is a radical change, the turnover, the decisive moment.
The crisis can be understood as the situation of a threat, in which most important values are in such danger that it can not be solved by regular activities.
The crisis requests unusual activities, resources and acting, in these unique situations, and that become the scope of crisis management. Crisis is understood in modern west societies like "normal phenomena" - terrorist attacks, traffic accidents, explosions of hazardous materials etc. The criminal acts connected with the crisis are not limited with the space, time, and effects. They are spreading through the infrastructure of society.
Special problem in a crisis are multi dimension aspects of law, aspects of criminology, aspects of management, aspects of media. Every of these elements has to be investigated and explained. Special problem of crisis are in domino effects. Lost and fall of one of the elements could produce fall of whole system.
Criminal law and other sciences who have the criminal as their subject have to following trends in crime developing. Crisis management in police forces will depend "pro futuro" on observing the main trends in developing and manifesting of crisis phenomena.
Traditional resolving of crisis is connected with the violence and repressions from police or other government forces and with breaking human rights. On the other hand, civil societies, dominated by global media and information, are sensitive on bloodshed and the violence.
Such situation demands from crisis management to find new methods for resolving dynamic and complex problems in the limits of criminal law, and criminal procedure law with the focus on very sensitive aspects of human rights and sensitive work of media. For this situation some constitutions and codes exist, which have the regulations to cover it.
The European Convention on Human Rights, Rome 4 November 1950, and its Five Protocols give the possibilities to reduce some human rights in time of war or other public emergency threatening the life of the nation the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.
Also, developing in modern techniques, vulnerability and sensitivity of infrastructures, changes in "modus operandi" of perpetrators, and effects of criminal acts in the reality, make a pressure on criminal law to change the understanding of essential elements of offences in the criminal code.
The research in this work has been focussed to:
- conception setting of an institution of crisis situation which does not exist in criminal law theory and also does not exist in positive criminal law of FBiH;
- giving a concept of the functional element in the offences which exist in reality and being a criminal fact but it does not exist in theory and in criminal code neither;
- discovering a new way of the prevention of offences with the crisis characteristics;
- comparative method with the critical review of the use of Special Investigative Actions in Criminal Code of Republic of Croatia, in Criminal code of Republic of Serbia and in Criminal Code of Federation of BiH;
- fixing the comparative method of the specific quality in sanctioning for "Criminal offences against the public safety of persons and property ", Chapter XXVII and similar groups of criminal offences in Criminal code of Republic of Croatia, Chapter XXI, and Criminal code of Republic of Serbia, Chapter XXV;
- fixing the number, and the trend of the criminal acts from the articles in the Chapter XXVII of Criminal Cod of the B&H Federation, the characteristic of perpetrators, the used means, the another relevant circumstances on the basis of data of the Ministry of Interior of Sarajevo Canton;
- fixing the jurisprudence in treatment of these torts on the basis of the sentences data for this acts of Sarajevo municipal court;
- the development of work standards application for these criminal offences. The standard application include application of prevention and criminal procedures in case of bombs attacks, then the investigation of these criminal acts.
Research in USA by FBI and ATF (Bureau of Alcohol, Tobacco and Firearms) and the research in Great Britain show that explosives and explosion will be weapon number one, and that the individuals could make, with simple techniques, great destructions and the mass losses. Also, the terrorist attacks will increase, and with them the danger of non conventional weapons radiological and biological, and chemical threat. It will be compared with statistical and theoretical research in this work.