Author(s): Radoslav Rasimović, Dragana Kolarić
Subject(s): Criminal Law
Published by: Универзитет у Нишу
Keywords: sentencing; guilty; circumstances in favour of and against the offender

Summary/Abstract: The subject of this paper is regular sentencing in Criminal Code of Serbia. In the first part of this paper the authors will discuss the concept and types of sentencing. They will analyze relation between legal and court sentencing. In the second part of paper special attention will be paid to circumstances in favour of and against the offender which court take into consideration while sentencing. These are the degree of guilty, the incentives for offense that is committed, the degree of endangering or injurying the protected good, the circumstances under which the offense was committed, the past life of the perpetrator, his personal situation, his conduct after the commission of the offense and in particular its relationship to the victim of the offense, as well as other circumstances related to the personality of the perpetrator. Eventually, the results of research on sentencing will be presented in particular judgments. In relation with this, the authors analyzed 50 final court decisions of the Higher Court in Belgrade regarding drug related offenses.

  • Issue Year: XL/2016
  • Issue No: 1
  • Page Range: 1-14
  • Page Count: 14
  • Language: Serbian