PROTECTION OF RIGHTS OF ILL-FONDEDLY CONVICTED PERSON AND PERSON GROUNDLESSLY DETAINED IN CRIMINAL AND PETTY OFFENCE LEGISLATION IN THE REPUBLIC OF SERBIA Cover Image

ЗАШТИТА ПРАВА НЕОСНОВАНО ОСУЂЕНОГ ЛИЦА И ЛИЦА НЕОСНОВАНО ЛИШЕНОГ СЛОБОДЕ У КРИВИЧНОМ И ПРЕКРШАЈНОМ ПРАВУ РЕПУБЛИКЕ СРБИЈЕ
PROTECTION OF RIGHTS OF ILL-FONDEDLY CONVICTED PERSON AND PERSON GROUNDLESSLY DETAINED IN CRIMINAL AND PETTY OFFENCE LEGISLATION IN THE REPUBLIC OF SERBIA

Author(s): Miodrag N. Simović, Dragan Jovašević
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: unjust conviction; unjust sentence; convicted person; the law; compensation of damage; moral satisfaction; the court;

Summary/Abstract: As a result of a criminal offense or petty offence, application of penal (criminal or petty offence) sanctions against its perpetrator occurs. They usually consist of deprivation or restriction of the right of the convicted person - the right to freedom of movement - for some time, as determined by the court judgment. But it is possible that the previously imposed penalty sanctions is revoked later in the proceedings on extraordinary remedies. It is the case of aill-foundedly convicted (in criminal law) or ill - foundedly punished (in the petty ofence law) of a person. Certain rights, aimed at protection of his rights and freedoms, consisting of complete or partial removal of all harmful consequences of prior conviction or sentence imposed, belong to such a person. And this paper is about the concept, characteristics, manner and procedure of exercising the right of persons ill-foundedly convicted and groundlessly detained in a criminalor ill-foundedly penalized in petty offence procedure.

  • Issue Year: 2017
  • Issue No: 50
  • Page Range: 81-102
  • Page Count: 22
  • Language: Serbian