SECURITУ MEASURES — A CRIMINOLOGICAL VIEW Cover Image

КРИМИНОЛОШКИ ОСВРТ HA МЕРЕ БЕЗБЕДНОСТИ
SECURITУ MEASURES — A CRIMINOLOGICAL VIEW

Author(s): Mihajlo Aćimović
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Правни факултет Универзитета у Београду

Summary/Abstract: Security measures — altogether eight, according to Yugoslav criminal legislation — are designed to suppress socially dangerous activities especially by eliminating the situations and conditions which could influence the perpetrator to commit criminal offences in the future. The importance of security measures is in their anti-criminality, but nevertheless a criminological view thereof could include, firstly, the phenomenological basis for introduction of such measures into the system of criminal sanctions and, secondly, the exploration of possibilities for security measures to influence the taking place and expansion of criminality. There of the security measures are of a medical character, while the remaining five are not. Criminological considerations on dangerous situations and social danger have provided the foundations for introducing security measures into the legislation, while particularly relevant have been biological and psychological reasons as far as security measures of medical character were concerned. Security measures of medical character should not have criminogenic effect, but this can happen. Medical procedures in treatment within the institution or out of it may lead to damage due to drugs '(medical) or procedures, including some psychological complexes due to that to which the perpetrator has been subjected. They may lead also to criminal infection, stigmatization and segregation, with all relevant negative side-effects. Measures having no medical character are various. Sequestration of the object and expelling an alien may only exceptionally have — and in unusual situations — criminogenic effects. But, on the other hand, prohibiting the performing of specific affairs (jobs) or duties may inflict heavy blow in the sphere of maintaining perpetrator’s family or to himself; he may be isolated because of that from his surroundings, where he was socially adapted. Prohibition of appearing in public may lead to frustration and psychical traumas, while prohibiting the driving of a motor vehicle may eventually have criminogenic effects in ease of professional drivers. Accordingly, although, as contrasted to penalties, the security measures are not an evil which Should amount to atoning of the perpetrators of criminal offences, but rather the measures of protection of society and of perpetrators against continuing with committing criminal acts, such measures may still, exceptionally, have their criminogenic other side of the medal which ascribes to them specific criminogenic significance.

  • Issue Year: 36/1988
  • Issue No: 1-2
  • Page Range: 99-106
  • Page Count: 8
  • Language: Serbian