EXECUTION OF NON-CUSTODIAL SANCTIONS IN SERBIAN LAW – CRITICAL ANALYSIS Cover Image

NORMATIVNO UREĐENJE IZVRŠENJA VANZAVODSKIH KRIVIČNIH SANKCIJA U SRBIJI
EXECUTION OF NON-CUSTODIAL SANCTIONS IN SERBIAN LAW – CRITICAL ANALYSIS

Author(s): Đorđe M. Ignjatović
Subject(s): Criminal Law, Criminology
Published by: Правни факултет Универзитета у Београду
Keywords: probation; non-custodial treatment; Serbia; comparision; penal sanctions execution;

Summary/Abstract: In this paper author analyzes legal solutions in execution of alternative sanctions in Serbian penal law. He primarly focused Draft Probation Code, represented to the public in the mid- May 2013, especially with regard to their compliance with recommendations of Standard Minimum Rules for Non-Custodial Measures („Tokyo Rules“) and Council of Europe Rules & Recommendations on Probation. They are also analyzed from the comparative aspect of legal solutions in some countries, in the first place ex-socialist countries in the region. The author started with the assumption that this analysis could provide a basis for assessing whether non-custodial treatment, normatively regulated in the way it was done in the Draft Probation Code, could help to resolve one of the key problems of the penal system in Serbia: hypertrophy in punishment of deprivation of liberty and in this regard – overcrowding of our penal institutions. After critical analysis of principle (starting with the observation that the title “Code of Probation in execution of non-custodial sanctions and measures” is inadequate) as well as concrete solutions selected from creators of the Draft Probation Code, author tried to answer on two key questions: first- do we need one more special code in the field of penal sanctions execution law?

  • Issue Year: 2013
  • Issue No: 2
  • Page Range: 144-175
  • Page Count: 32
  • Language: Serbian