Risk assessment in preventing the execution of crimes with explosive materials: Procena rizika u sprečavanju izvršenja krivičnih dela eksplozivnim materijama

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Abstract

The relevance of the issue of hazardous, and particularly explosive, materials is indisputable, especially in relation to the present danger of accidents or the commission of criminal acts involving explosions of explosive materials, with severe consequences for human life, property, and the environment, which have become increasingly frequent in recent years. The current significance of this issue, as well as the importance of risk assessment in preventing criminal acts that could be carried out using explosive materials on one hand, and the still insufficient presence of professional and scientific literature in this field on the other, are the main reasons that influenced the decision to research risks associated with the issue of explosive materials.Explosive materials are highly suitable for causing technological accidents that often involve elements of specific criminal offenses endangering human health and lives, property, and the environment. Explosive materials are a type of hazardous substance, unequivocally indicating the degree of their danger and destructive power upon activation. Bearing this in mind, the monograph first presents the contents related to the concept and classification of hazardous materials, followed by the concept and types of explosive materials, with particular emphasis on the characteristics and basic activities involving hazardous materials (production, trade, transport, and storage) relevant to the risk assessment of committing criminal offenses. In this context, based on the results of conducted research, protective and supervisory measures in the production, trade, transport, and storage of explosive materials are presented from the perspective of their significance in eliminating causes and identifying risks of committing criminal offenses using explosive materials. By analyzing methods of committing criminal offenses using explosive materials, which is significant for risk identification and analysis, a classification of such criminal offenses into three main groups has emerged. Thus, the first group comprises criminal offenses that can be committed using explosive materials but without their activation, while the second group consists of criminal offenses whose commission involves the activation of explosive materials. The third group encompasses criminal offenses that do not explicitly specify the means of commission but may involve, among other means, the use of explosive materials, leading to an explosion during their execution. Within the risk assessment of committing criminal offenses, appropriate attention is devoted to the importance of risk assessment in the domain of prevention, i.e., in preventing the commission of criminal offenses using explosive materials. This segment of research logically begins with the concept and classification of risks and the methodology of risk assessment of committing criminal offenses in basic activities involving explosive materials, leading to the presentation of methods that can be used in assessing the risk of committing these criminal offenses. Considering the importance of risk assessment in working with explosive materials, in addition to national legal regulations and standards, an analysis of international acts and standards of significance not only for prevention but also for combating criminal offenses committed using explosive materials has been conducted. Such a detailed analysis has also highlighted certain deficiencies in the regulation of explosive and other hazardous materials affecting the implementation of preventive measures aimed at preventing technological accidents caused by explosive materials, particularly serious ones constituting criminal offenses, followed by a comparative analysis of the alignment of national legislation with European law in this area. The police, primarily acting repressively, also play a significant role in preventing criminal offenses involving explosive materials; therefore, possibilities for police and Emergency Situations Sector action in the risk assessment of committing criminal offenses using explosive materials have been highlighted. In terms of more effective preventive action, the weaknesses of the classical reactive police action have been emphasized in comparison to the advantages of proactive action, stressing the necessity and advantage of timely and complete cooperation between the police and the Emergency Situations Sector, as well as their cooperation with other entities. The activity and mutual cooperation of the police, the Emergency Situations Sector, the public prosecutor's office, private companies, and some other entities are of immense importance for effectively preventing criminal offenses that can be committed using explosive materials. In order to more successfully identify the risks of committing criminal offenses using explosive materials and take more effective measures to eliminate and reduce such risks, possibilities for police preventive action after a criminal offense committed using explosive materials have also been indicated. Explosive material is very convenient mean for causing technical and technological accidents, which often contain elements of certain criminal acts that endanger the health and lives of people, property and the environment. Explosive material isjust one sort of dangerous material or substance, which clearly indicates the degree of their danger and destructive power during their detonation. Considering this, in this monograph the content related to the concept and division of dangerous explosive material is mentioned an discussed first and then the concept and types of explosive material, with special emphasis on the characteristics and basic activities with hazardous substances (production, trade, transport and storage ) which are important for the assessment of risk to commit the offenses. In this context, based on the research results, measures of protection and control in production are presented, according to place, transport and storage of explosive materials in terms of their importance for the elimination of the causes and recognizing risks of committingthe criminal offenses by using explosive substances and material. By analysing the methods of committing crimes using explosive materials, which is of importance for risk identification and analysis, I came up with classifying such offenses into three main groups. Thus, in the first group there are offences that can be made by using explosive material, but without its detonation, while the second group consists of offences whose execution involves the activation of explosive material. The third group includes offences which by definition do not include specific means of execution, or, among other means, can be executed by explosive material, when the execution includes an explosion of an explosive substance or material. As part of the risk assessment of committing criminal offenses an adequate attention is paid to the importance of risk assessment in the field of prevention, i.e. prevention of offenses where explosive substances are used. This segment of the research, logically, starts with the concept and classification of risk and risk assessment methodologies for committing offenses in basic activities with explosive materials, to presenting content related to specific methods that can be used for estimating the risk of committing of these crimes. Given the importance of risk assessment in the field of dealing with explosive material, in addition to national legal regulations and standards, an analysis of international laws and standards was carried out which is important not only for prevention, but also for the suppression of criminal offenses that are committed using explosive material. Such detailed analysis points tocertain shortcomings in the regulation of explosive and other hazardous materials from the impact of taking the preventative measures in order to prevent technical and technological accidents caused by explosive material, especially those which due to their scale of usage are considered as criminal offences,and because of that a comparative analysis of the level of harmonisation of national legislation with European law in this area was carried out. Police primarily actsin repressive way, and also has an important role in the prevention of crimes that are committed byusing explosive material, and therefore it is pointed that there is a possibility for the police and the Department for Emergency Situationsto take actions in the field of risk assessment of criminal offenses that are committed or can be committedby using some of the explosive material. From the aspect of more effective preventive action, the thing that is especially emphasisedis the weaknesses of the classic reactive concept of the policing in relation to the benefits of proactive policing and it is pointed to the necessity and advantages of timely and complete cooperation between the police and the Department for Emergency Situations, as well as their cooperation with other entities. Active and mutual cooperation between the police, the Department for Emergency Situations, the public prosecutor's office, companies and other entities is of huge importance for effective prevention of criminal offences that can be committed by explosive material. In order to successful identifythe risk of committing the offenses where explosive material is used and more efficiently take measures towards the elimination or reduction of such risks, it is pointed to the possibility of preventive policing after the offense was committedby explosive material. Referenca - Bošković, D., & Cvetković, V. (2017). Procena rizika u sprečavanju izvršenja krivičnih dela eksplozivnim materijama. Beograd: Kriminalističko-policijska akademija.

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Original languageUndefined/Unknown
Publication statusPublished - 2016