Penalty Of Imprisonment Research Articles

Study Against Corruption Punishment of the Village Owned Enterprise Agency (BUMDes) of Berjo Village in Karanganyar District

By closing the case of the village chief who is involved in the corruption of village funds and the allocation of villages funds who have already been accused are subject to the threat of punishment in accordance with Articles 2 and 3 of the Act No. 31 of 1999 as amended by the Law No. 20 of 2001 on the Suppression of Criminal Prosecution of Corruption. How to Juridic Analysis of High Court Judges' Judgment Semarang No. 13/PID.SUS-TPK/2023/PT Smg against the Elements of Justice and Legal Certainty for Corruption Criminal Offenders BUMDes Berjo. The type of research used by the author is normative jurisprudence or library law research or doctrinal law research that can be interpreted as legal research by studying library and secondary materials. The method of approach used in this normative jurisprudence research is the Case Approach to Legislation. The data source used is Decision No. 13/PID.SUS-TPK/2023/PT Smg, No. 31 of 1999 on Combating Corruption Punishment, as amended and supplemented by the Law of the Republic of Indonesia No. 20 of 2001 on Amendments to the Law No. 31, 1999 of the Republik of Indonesia on Combatting Corruptions Punishments. Data Collection Techniques using Libraries and Documents Studies. Data Analysis Techniques with Qualitative Analysis.SUS-TPK/2023/PT SMG violates Article 2 paragraph (1) jo. Article 18 of the Law of the Republic of Indonesia No. 31 of 1999 on the Elimination of Crimes of Corruption, as amended and supplemented by the Law No. 20 of 2001 on the Amendment to the Law on the Supreme Implementation of the Constitution of the Republik of Indonesia Number 31 of 1999, on the Reduction of Criminal Implications of Coruption. Article 55 (1) paragraph 1 of the Code, with the elements of the following article: "Everyone". The element "Fighting the Law". The item "Committing an act of enriching himself or another person or a corporation". Item "Can harm the finances of the state or the economy of the State". The unit "Who commits, who commits and who accompanies the act". (1) That the judge of the High Court of Semarang ruled the corruption criminal case conducted by the village chief Berjo Suyatno bin Kartorejo was in accordance with the norms in force but in the view of the author still leaves a striking disparity dropped to the accused in corruption cases committed by officials or someone who has power. The prosecution against the accused is too light and has not satisfied the sense of justice in the community in particular for the people of the village Berjo Prefecture of Ngargoyoso district of Karanganyar and does not cause the effect of seizure for the defendants who have used the people's money (the community of the Village Berjo prefecture NgarGoyoso District of Karaganyar) for the personal interests of the Accused.(2) That the amount of the replacement money, although in the appellate judgment of the High Court of Semarang is greater than the judgement of the State Court, the penalty of imprisonment against the defendant as a substitute for the unpaid substitute money, is still too light and tends to be preferred to refrain from paying or refusing to refund the size of the compensation money to be paid by the accused and carrying out the criminal sentence in prison in exchange for the unepaid replacement payment money. Thus, it has been backward with the Government Program in an effort to maximize the reimbursement of the State/Region losses as a result of the corruption crime that has occurred.

Tinjauan Yuridis Terhadap Akibat Tidak Melaksanakan Putusan Pengadilan Agama Terkait Pemberian Nafkah Pasca Cerai

This research was motivated by the fact that quite a few parents neglected their responsibilities and obligations to their children after divorce, to the point that their children became neglected. This study will examine the court decision regarding post-divorce maintenance in case no. 2569/Pdt.G/2022/PA.Gs, a judicial review of the consequences of not implementing the court decision regarding post-divorce maintenance in case no. 2569/Pdt.G/2022/PA.Gs. as well as legal measures that can be taken by the wife and children in case No. 2569/Pdt.G/2022/PA.Gs. The methodology used in writing this scientific work is library research. The type of research is normative using a case approach. The research results show that Decision No. 2569/Pdt.G/2022/PA. Gs The implementation of the contents of the decision was not carried out properly. The consequences for not paying child support include child neglect (articles 76 and 77 of Law No. 35 of 2014) which carries a maximum penalty of imprisonment for 5 (five) years and/or a maximum fine of IDR 100,000,000. 00 (one hundred million rupiah). So the legal action that can be taken by the ex-wife is to submit a forced effort to the court against the ex-husband to provide maintenance, which is called a request for execution of the decision. The legal instrument used in the decision is Article 195-197 HIR, providing legitimacy to parties who feel their rights in the household have been violated to demand justice

Electronic Monitoring in Poland in the Light of the Research

The research conducted in this paper has led to the identification of many interesting variables which - as the author hopes - may contribute to the development of specific postulates regarding the functioning of EM in Poland. It should be noted, in this work, the author referred to the effectiveness of the Electronic Monitoring System. The above-mentioned effective operation of this system is evidenced by many factors. In this regard, reference was made to the concept of evaluation research aimed at verifying the goals. It is not advisable at this point to recall the reasons for undertaking this research. It is only necessary to point out those elements of electronic monitoring (EM) which show its basic goals in the space of today's criminal policy. First, there is a noticeable conceptual role of EM in the fight against the phenomenon of penitentiary overcrowding and the penalty of imprisonment in general. Secondly, electronic Monitoring is to minimize the pathological impact of isolation on an individual in terms of reducing the phenomenon of recurrence to crime. Third, the role of EM in minimizing the operating costs of the system is important.

Ties With the Families of Convicts Serving a Sentence Deprived of Liberty in the Electronic Monitoring System (SDE)

The article contains the content and analysis of the results of research relating to serving a prison sentence in the Polish penitentiary system in the Electronic Monitoring System (SDE here and after) in the context of maintaining ties with the social environment, with the family in the assessment of probation officers. The penitentiary system is not limited to isolation. Serving certain forms of punishment outside prisons also contributes to relieving the penitentiary system. The Electronic Monitoring System is an alternative form of execution of the penalty of imprisonment. It allows the state to exercise control over the convict's behavior by means of technical means, eliminating the need for penitentiary isolation as a criminal law response. It is a form of reaction with a much lower degree of discomfort, devoid of the negative consequences associated with isolation, such as demoralization, weakening of family and social ties, change of environment, loss of autonomy, economic degradation or stigmatization. It is an interesting activity related to modern solutions in the field of law, upbringing and family, applied in practice. The probation officer plays an important role in the course of serving the sentence by the convict in SDE, in his social rehabilitation and social adaptation. He is a specialist responsible for supervising and supporting the convicted person. The probation officer performs tasks aimed at implementing court decisions, helps the convict return to society, and prevents re-offending. The key aspect of serving a sentence in SDE is the convict's ability to maintain family ties, his social rehabilitation, the process of preparing for return to society, re-adaptation to social conditions. Serving a sentence in an SDE allows you to maintain family ties, which in turn reduces the risk of recidivism. The prepared and presented content is part of resocialization pedagogy, penitentiary pedagogy, and family pedagogy.

Fiscal pressure and judicial decisions: Evidence from financial penalties for official corruption in China

The connection between court resources and judicial behavior has long been acknowledged. This article examines the linkages between local governments' fiscal pressures and Chinese judges' decisions on financial sanctions. Based on data from criminal verdicts of official corruption and county government expenditures, this study finds that Chinese judges are more likely to impose financial penalties, especially fines, when judicial expenditures in a region are low. The conclusion remains unchanged after accounting for the endogeneity problem using the age of the county party secretary and the per capita financial expenditure lagged for one period as instrumental variables. Finally, the imprisonment penalty without increasing revenue is used to test the placebo, and no effect of fiscal pressure on the imprisonment penalty is found.

Upaya Penanggulangan Tindak Pidana Penyalahgunaan Narkotika Oleh Anak

The purpose of this study is to analyze the rule of law in dealing with criminal acts of narcotics abuse by children in the Legal Area of the North Sumatra Regional Police and the obstacles they face. The type used in this research is normative juridical and analytical descriptive in nature. The results of the study state that the regulation of narcotics abuse is regulated in Article 127 paragraphs (1), (2) and (3) of the Narcotics Law, punishable by imprisonment under 7 (seven) years. The provisions of Article 111, whoever owns it, carries a penalty of imprisonment for more than 7 (seven) years based on the modus operandi of child abuse, so that diversion cannot be attempted at the three levels based on the provisions of the Juvenile Criminal Justice System Act. The handling of criminal acts of narcotics abuse by children in the Legal Area of the Regional Police of Sumatra is carried out through means of criminal law (Repressive) and non-criminal law means (Preventive). Internal obstacles faced in overcoming criminal acts of narcotics abuse by children in the jurisdiction of the Sumatra Regional Police, include: Budget, office facilities, operational facilities, operational facilities, while external factors such as lack of community participation and drug dealers usually have high mobility.

Penalty of imprisonment and its impact on the health of inmates - preliminary results

Introduction and purpose The prison system is an extremely important element of the country's penal structure. Restrictions related to serving a sentence of imprisonment adversely affect the physical health and the mental health of inmates. The main goal of the study was to assess selected areas of health of respondents in prison and changes in them depending on the time spent in prison. Material and methods The study included 153 (100%) men aged 18 to 55 staying in the Penitentiary Institution in Racibórz. An original questionnaire consisting of questions concerning the described issues was used to conduct the study. All respondents provided informed consent to participate. Obtained results in each category were converted into 5-point Likert Scale. Statistical analysis was carried out using the Chi2 test to investigate the relationship between the obtained results and the time spent in prison. Results Almost 30% of respondents declared the presence of chronic diseases before imprisonment, and more than half of the most common ailments after imprisonment included heartburn. Conducted analysis showed that even though more than 60% of the respondents assessed their general health positively there was a significant difference (Chi2=13.8; p=0.0083) between obtained results and inmates’ self-assessment. Time spent in prison was not influencing significantly physical health (Chi2=9,9 p=0,624) and inmates’ pro-health behaviors (Chi2=18,0 p=0,3232), but it influenced mental health (Chi2=28.3; p=0.047) and lifestyle (Chi2=37.4; p=0.0052). Conclusion The conducted evaluation shows how inmates’ health and its determinants are changing during time spent in prison. Moreover, it shows the problems that have to be resolved to maintain health during time spent in prison. It also highlights the importance of taking actions leading to inmates’ health improvement.

The institution of conditional early release in Polish and the Hungarian penitentiary system – selected issues

In some of the world’s penitentiary systems, one of the alternative measures to the absolute penalty of imprisonment is the institution of parole, which allows for early release from prison. The subject of considerations in this study are three fundamental problems. Initially, the authors wanted to illustrate the legal regulations and premises regarding the possibility of applying conditional early release. The discussion of this issue is preceded by the presentation of the historical background showing the establishment of this institution in the course of changes taking place in the functioning of prison systems. Secondly, based on the statistical data of the Polish and Hungarian penitentiary services, the authors present selected information on the population of prisoners applying for parole. The study closes with the third problem, in which a discussion on the possibilities related to the use of this alternative measure in relation to the absolute penalty of imprisonment was undertaken.

The course of mediation proceedings on the basis of the rules of organization and conducting out-of-court mediation at the stage of executive proceedings

Mediation as an alternative method of dispute resolution is gaining more and more popularity in various areas of social life. The currently binding legal acts regulating the issues related to serving a sentence of imprisonment do not contain provisions on the use of mediation as an amicable method of dispute resolution giving the possibility of reconciliation between the perpetrator of the prohibited act for which the court adjudicated the penalty of imprisonment, and the victim of the crime. Therefore, it should be clarified whether the lack of regulations in the indicated scope constitutes an obstacle to the use of mediation after the end of criminal proceedings as an element implementing the idea of restorative justice. The aim of this study is to present the course of mediation proceedings conducted after the end of the criminal trial. The analysis of the course of the mediation procedure will be carried out on the basis of the provisions of the regulations developed for the implementation of the project entitled: “Pilot of the program implementing the idea of restorative justice in the District Inspectorate of Prison Service in Lublin”. The article is divided into nine parts. The first part is an introduction to the considerations on the idea of restorative justice allowing for reconciliation between the inmate and the victim of the crime. The next part is devoted to international regulations, which constitute the basis for the use of mediation at the stage following the end of criminal proceedings. Parts from three to eight contain an overview of the course and organization of the mediation procedure based on the provisions of the regulations developed for the implementation of the Pilot Project, from the moment of its initiation to its completion. The last part summarizes the analysis performed. The considerations presented in the article lead to the conclusion that the lack of regulations in generally applicable acts of law does not constitute an obstacle to the use of post-conviction mediation as a method enabling the implementation of the idea of restorative justice and giving the possibility of reconciliation between the perpetrator of the prohibited act and the victim of the crime.

Systems of Executing the Penalty of Imprisonment Pursuant to Article 81 of the Executive Penal Code of 1997

This article characterises the systems of executing the penalty of imprisonment as stipulated in Article 81 of the Executive Penal Code of 1997. The article examines the differences in the systems of executing the penalty of imprisonment in relation to the categories of convicts to whom individual systems are addressed and in relation to the principles used to select correctional measures. The diversity of the systems of executing the penalty of imprisonment corresponds to the principle of individualisation in dealing with convicts, which meets the needs related to the execution of the penalty of imprisonment.

Особенности мотивировки и обжалования приговора в части применения заключения под стражу

The study aims to (1) determine whether it is legitimate to choose a custodial measure of restraint to ensure the execution of the penalty of imprisonment under a sentence that has not entered into legal force and (2) assess, from the perspective of the principle of completeness and effectiveness of judicial protection, the possibility of appeal against the measure of restraint separately from the sentence. To reach the aim, constitutional legal and comparative legal approaches to the study of criminal procedural regulation and practice of its application were used. The author analyzed materials of criminal cases that ended with a sentence with a measure of restraint, including those subsequently appealed, conducted a survey and interviews with judges, used personal experience as a defense lawyer and representative of applicants in preparing and filing complaints to the Constitutional Court of the Russian Federation. As a result, the author found that the courts regard a guilty sentence with a sentence of real imprisonment as sufficient grounds for remanding a defendant in custody. Differences with the practice of several countries in Western Europe, in which persons convicted to imprisonment who are not in custody independently follow to the place of serving their sentence, were established. The author shows that the Russian practice of the “automatic” remanding in custody of a convicted person under the sentence which has not come into legal force contradicts the principle of presumption of innocence. It is recommended that in such cases the necessity for remanding in custody be assessed with due regard to the factor of the convicted person's evasion of punishment. The author demonstrates that the law does not provide a mechanism allowing the court to draw a reliable conclusion about a significant increase - in connection with the sentence - in the risk of evasion and to motivate its decision on the issue of the measure of restraint. The very possibility of creating such a mechanism is questioned. The author gives a critical assessment of the legal positions of the Constitutional Court of Russian Federation which do not allow to appeal the custodial measure of restraint separately from the sentence. The author concludes that the arguments given in the complaint on the measure of restraint, which are not related to challenging the sentence, can be considered by the court of appeal without delay. Proposals on the need to adjust the current legislation and law enforcement practice are formulated.

The Penalty of Imprisonment and the Rights of Prisoners in Islam and the West: A Comparative Study

Imprisonment is a restriction of human liberty; Punishment of imprisonment is accepted form in Islamic and modern western world. Evidences of imprisonment are found in Quran and the Sunnah as during the life time of the Holy Prophet (PBUH), people used to be detained in the mosque. First jail was established during the time of Caliph Ali, in Islamic History. Islam allows to impose imprisonment on accused and convicted offenders and imprisonment even can be for a short time or in some cases it might be for life time. Islam considerers imprisonment as a discretionary punishment; the judge has an option to exercise punishment of imprisonment against any person if he thinks better for the reformation of any criminal. Islamic teachings urge to provide prisoners with other rights as food, clothing, education and medical treatment in case of any health-related issue along with healthy environment for residing. Initially, in the west there was no concept of imprisonment, first time jail was established in 1552 in the UK. In the beginning prisoners were deprived of basic rights as proper residence, food, clothing and sanitation. In addition to it, they were maltreated by jail authorities. In 18th century, the reforms were introduced in the western world where new laws were made in favor of prisoners and prisoners were divided into different categories on which different facilities were provided to them. Imprisonment is considered as a primary punishment; it is being exercised against all sort of criminals whether it is in accordance with their nature of crimes or not.

DETENTION AND HOME ARREST: THEORETICAL AND LEGAL ANALYSIS OF THE APPLICATION

The article presents the results of a comparative legal analysis of the use of preventive measures in the form of detention and home arrest. Both of these measures are forms of isolation from society of suspects, accused persons, and defendants in criminal proceedings. Thus, detention as a preventive measure, as a general rule, is applied by a court decision against a suspect or accused of committing crimes for which the criminal law provides for a penalty of imprisonment for a term of more than three years, if it is impossible to apply another, more lenient, preventive measure. When choosing a preventive measure in the form of detention, the judge's decision must specify the specific, factual circumstances on the basis of which the judge made such a decision. Such circumstances may not be data that has not been verified during the court session, in particular the results of operational search activities, submitted in violation of the requirements of Article 89 of the Code of Criminal Procedure of the Russian Federation. At the same time, house arrest, along with detention, is classified as a preventive measure that restricts freedom. These measures are identical in terms of preventing consequences. However, this circumstance is often not taken into account by the court. This conclusion is supported by statistics showing a low level of use of home arrest. The article examines the evolution of the legal regulation and application of detention and home arrest. The conclusion is made about the historical continuity of both positive and negative experiences. In particular, the use of detention as a means of influence to obtain "necessary evidence", a punitive measure, which does not follow from its essence, is traced. Unfortunately, this practice still exists today, as confirmed by the examples given in the article. The article examines the conceptual aspects of the use of detention and home arrest as an alternative to isolation from society. Proposals for amendments to the criminal procedure legislation aimed at minimizing abuses in the appointment and execution of procedural preventive measures in the form of detention and home arrest are formulated and justified.

MOTHERHOOD OF FEMALE PRISONERS AND THE EFFECTIVENESS OF SOCIAL REHABILITATION INTERACTIONS

The penalty of imprisonment against women who commit crimes is often discussed in the in the rehabilitation literature . Many researchers are wondering about the social rehabilitation function, because women in isolation are exposed to the phenomenon of “prizonization”. The issue of bringing up a child while their mothers were imprisoned appeared relatively recently, at the end of the 20th century. It was significantly influenced by the pedagogy of Maria Łopatkowa (mother and child in prison).

THE CRIME OF FORCED MARRIAGE A STUDY FROM A LEGAL AND SOCIAL PERSPECTIVE

Forced marriage is a form of marriage that takes place without the consent of the parties, or is done under coercion by one of the parties to the contract. The difference revolves around between compulsory marriage and regular marriage, as the latter depends on the agreement and consent of the parties to the contract, and with the consent of the parents of both parties. As for forced marriage, it obligates one or both parties to the contract to accept, even if it is necessary to use psychological pressure or physical violence. In recent years, there has been a significant increase in the rate of forced marriage, which has reached more than 20 percent, according to statistics from personal status courts, while the percentage of victims of these marriages is more than 40 percent of women, indicating that most divorce cases are among young people who were forced to marry before reaching the legal age. The phenomenon was very small during the nineties, but it increased significantly after the US occupation of Iraq in 2003. There are legal treatments for the phenomenon, through declarations, the agreements that Iraq joined or ratified, such as the Universal Declaration of Human Rights, the Covenant on Civil, Political and Social Rights, the Convention on the Elimination of All Forms of Violence and Discrimination against Women, and the Convention on the Rights of the Child, all of which contain texts stating not to be forced into marriage. Forced for whatever reason. The problem lies in the failure to criminalize the perpetrators of forced marriage by the penal laws and legislations. The Iraqi Penal Code of 1969 did not include any criminalization of it, but the Personal Status Law No. 188 of 1959 mentioned the penalty of imprisonment for the person who is forced to marry if he is the relative of the victim of the first degree, and imprisonment for a period Not more than 10 years, if otherwise. One of the most common types of forced marriage is reciprocal, or by presenting a woman as a substitute for the dowry, whether it is a sister or a daughter, and there is another type of marriage, which is a blood allowance, that is to offer a woman as compensation for the harm that befell the other clan in the event that one of her clan members kills One of the members of that clan, and there is a gift marriage, and such marriages had receded. There is kidnapping marriage, which is widespread in one of the sects and is criminalized by the Penal Code with life imprisonment for its perpetrator. In addition to the problem of marriage outside the courts with the approval of a cleric, and this matter is not related to individual cases, but in tens of thousands of cases throughout the country. About 9,800 cases of marriage outside the courts were recorded in Baghdad alone during 2017, according to Judicial Council numbers, while about 59,000 were registered. A situation throughout Iraq, with the exception of the Kurdistan region, a large part of which is the marriage of minors (under the legal age) whose families want to impose a fait accompli on the courts. From all the foregoing, it becomes clear how important the research topic is, as it affects the human rights and freedoms of girls and women and negatively affects the family and society, and thus the security and community peace. The research aims to include detailed texts in the Personal Status Law that include all forms of forced marriage and its material, moral and psychological aspects and all parties and persons in the forced marriage process or the reason for its occurrence and the various cases of its occurrence, as well as addressing legislative contradictions and mitigating or exempting excuses stipulated in the Penal Code, which allow For the perpetrators with impunity. And that the forms of the crime of forced marriage are included with its provisions in the penal code and not in the personal status law, and heavy penalties are imposed on the perpetrators, and that the degree of relationship of the perpetrator to the victim is a reason for the severity of the punishment and not to reduce it, so that the closer the degree, the more severe the punishment

DOŽIVOTNI ZATVOR I USLOVNI OTPUST U KRIVIČNOM PRAVU SRBIJE: NEKA PITANJA I DILEME

Life imprisonment was introduced to Serbian Criminal legislation with the amendments of Criminal Code from 2019. These amendments replaced the former penalty of imprisonment from 30 to 40 years. Special attention was drawn by the fact that the new legislation allows the possibility of life imprisonment without the possibility of parole for committing certain crimes. This legal solution is considered not to be in accordance with the Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Still, the prohibition of parole was introduced to Serbian criminal law in 2013, with the adoption of the Law on the special measures for the prevention of crimes against sexual freedom towards minors. However, at that time the academic community did not give the attention it deserved to the justification of this prohibition, which by itself generates many concerns. That is why, when discussing the problematics of life imprisonment and parole, and its prohibition, one has to bear in mind the previously structured legal frame, as well as the concerns that such a prohibition creates, regardless of whether it not it relates to life imprisonment or timely limited imprisonment.

The Education of Prison Service Officers: Tendencies and Changes in the Framework of Security

The article presents the current patterns in education of Prison Service officers on the example of one of the largest penitentiary units in Poland, i.e. the Penitentiary Facility in Włocławek. The tendencies and changes in provision by qualified staff in penitentiary system as a prerequisite of societal safety were defined due to analysis of data about education of officers of the Prison Service and penitentiary department in the years 1999–2019. In order to investigate the role of rehabilitation staff in the penitentiary system, it is important to assess the current distribution and structural changes in penitentiary staff which, in turn, can be crucial for achieving the objectives of the execution of the imprisonment penalty. To achieve and maintain societal safety, particularly security in penitentiary system it is important to consider changes in the capacity of the prisons. In this regard main positive trends are: increase of number and share of staff with special tertiary education affects the quality of the social rehabilitation work at the penitentiary facility; gender distribution of Prison Service staff tends to reflect distribution on prisoners; professional qualification of officers grows steadily. The main challenge for current penitentiary system in order to increase its educational impact on prisoners is hiring process which should be directed on attracting graduates of rehabilitation pedagogy and penitentiary pedagogy to work in the penitentiary department.

Human Rights in Serving Imprisonment Penalty in Vietnam

Human Rights in Serving Imprisonment Penalty in Vietnam

Hacking Airspace: The Insurgent Technology of Brazil's Hot Air Balloons, 1970-Present.

The creation of unmanned, artistic hot air balloons in Brazil represents an insurgent technology-developed independently by technicians at the margins of society in conflict with formal technological systems. Brazil has a long tradition of launching hot air balloons at Catholic festivals. In the mid twentieth century, balloons became a secular art form beyond saints' days. As the secular practice grew, balloonists created increasingly larger aircraft, requiring complex technical expertise. By the 1970s and 1980s, teams were making technically and artistically elaborate balloons up to 105 meters high and carrying hundreds of kilos of fireworks, banners, or lanterns. Thanks to their soaring popularity, thousands of balloons were launched every year. They also posed a serious risk of fire and collision with other aircraft. Consequently, authorities criminalized their creators, the "baloeiros," under penalty of imprisonment.

Presude Evropskog suda za ljudska prava protiv Republike Srbije o primeni genetskog testiranja u paternitetskim parnicama

The case law of the European Court of Human Rights is of great importance for the formulation of human rights standards as it applies the European Convention on Human Rights by interpreting the prescribed rights and freedoms taking into account social reality and legal regulation in Council of Europe member states. When joining this political organization the Republic of Serbia carried out the procedures of adjusting the legislation to the convention requirements, so that, in normative sense, Serbian family law systematically follows modern standards of human rights protection. The decisions of the Court in cases in which the issues of establishing paternity was applied by DNA analysis are conditioned by the circumstances of each individual case. In this paper reasearch is devoted to the two judgments of the European Court of Human Rights versus Republic of Serbia on determining the origin of the child from the father judgments that have a family law in the narrow sense in which Court took the position that domestic legislation did not take into account the relevant elements of the case, the possibility to establish a balance of relevant interests when determing the identity of the biological father regarding DNA analysis. By definition genetic testing implies the analysis of one genome and its products, its function or DNA or chromosomal analysis aimed at identifying or contradicting certain facts. This method involves comparing the DNA profile of a child with DNA profile of the potential father by comparing locus - specific gene location or DNA region on chromosome - which differ in their structure and length, so that non-blood person have different structure of the molecule in each analyzed locus, while biological relatives have the same structure. This means that their DNA profiles have visible traces of genetic heritage. Although every person has a vital interest in finding out information that complete his/her own knowledge of his/her background it is important to know that third party protection can prevent him/her from being forced into medical testing of any kind, including DNA analysis. Member States have different solutions to deal with in cases where a potential father refuses to undergo tests necessary to establish facts of a biological origin. In some jurisdictions non-compliance with medical testing is sanctioned by monetary or imprisonment penalty, while in others it is for the failure to act on a warrant the court activates the presumption of paternity. When paternity cannot be determined by DNA analysis, Member States must provide the determination of paternity by alternative means of evidence taking into account the existence of a fair balance between the right to know the origin and the right of potential father not to undergo this type of medical expertise.