LIFE IMPRISONMENT IN THE CRIMINAL LEGISLATIONS  OF BOSNIA AND HERZEGOVINA AND COUNTRIES OF THE  REGION Cover Image

KAZNA DOŽIVOTNOG ZATVORA U KRIVIČNOM ZAKONODAVSTVU U BOSNI I HERCEGOVINI I DRŽAVAMA REGIJE
LIFE IMPRISONMENT IN THE CRIMINAL LEGISLATIONS OF BOSNIA AND HERZEGOVINA AND COUNTRIES OF THE REGION

Author(s): Amar Lukavačkić
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Penology, Penal Policy
Published by: Pravni fakultet Univerziteta u Tuzli
Keywords: life sentence; death penalty; parole; countries of the region;

Summary/Abstract: Life imprisonment is a sentence that is imposed for the most serious crimes and the most serious forms of serious crimes (aggravated murder, child abuse, serious forms of rape, genocide, terrorism etc). One of the modern tendencies in criminal law is the introduction of life imprisonment as the better and more humane alternatives to the death penalty. Its introduction replaces the sentence of long-term imprisonment, which may be imposed in some legislations for criminal offenses punishable by life imprisonment. In this regard, the advantages and disadvantages of life imprisonment and the death penalty will be analyzed to determine whether life imprisonment is indeed more humane than the death penalty. The sentence of life imprisonment may, under certain conditions, constitute a violation of the prohibition of torture guaranteed by Article 3. of the European Convention for the Protection of Human Rights and Fundamental Freedoms. It is precisely with this sentence that it is most controversial if the person convicted according to national law has no prospects of being paroled after serving a certain number of years, that is, of the same sentence being irreducible. It is important that a person sentenced to life imprisonment has the right to know at the beginning of the sentence what and under what conditions he must do in order to consider his release, as well as to know when his sentence will be reviewed or when he can request it. The paper offers information on the legal solutions of the countries of the region related to this punishment, individual cases from the case law of the European Court of Human Rights and the frequency of sentencing in this area where it is represented.

  • Issue Year: 8/2022
  • Issue No: 1
  • Page Range: 97-139
  • Page Count: 43
  • Language: Bosnian