Natural Classification of Criminal Sanctions Cover Image

Materijalna klasifikacija krivičnih sankcija kao osnov pravnog poređenja u krivičnom pravu
Natural Classification of Criminal Sanctions

Author(s): Luka Breneselović
Subject(s): Criminal Law, Criminology, Penal Policy
Published by: Institut za uporedno pravo
Keywords: sanctions; pertention measures; measures of prevention; comparations;

Summary/Abstract: Every criminal sanction is in its nature either a personal influence measure (“pertention measure”) or a measure of reform and prevention. Typical personal influence measures are punishments, but those measures include pseudo premies and different types of reconciliation as well. As a common feature, all pertention measures are directed to the offender as a person and aim to influence him in a manner that he would not repeat his criminal act because he would not want to, although he might wish to. The measures of prevention and reform include different sanctions more or less inherently characterized by the prevention or the reform aspect. When these measures are applied a person would not commit a crime because he is unable to. With purely reform measures, a person feels progress and does not commit a crime because he is capable of not wanting to. When most of the prevention and reform measures are concerned, none of the two aspects is dominant enough in order to define them as purely preventive or purely reform measures. Such classification reaffirms the idea of a double track (“Zweispurigkeit”). It is important to be noticed that the first track does not consist of punishments only, but also of certain related but other measures – pseudo premies, and above all of reconciliation for which recently – a third track has been unduly requested.

  • Issue Year: 2011
  • Issue No: 2
  • Page Range: 98-114
  • Page Count: 17
  • Language: Serbian