USLOVNI OTPUST U PRAVU REPUBLIKE SRBIJE - DAVANЈE, OPOZIVANЈE I IZVRŠENЈE
CONDITIONAL RELEASE IN THE LAW OF THE REPUBLIC OF SERBIA - GRANTING, REVOCATION AND EXECUTION

Summary/Abstract: The criminal legislation of a number of new states predict more types and measures of institutional (custodial) character in the system of criminal sanctions as well as measures to fight crime in all shapes and forms of manifestation. These are: a) imprisonment, b) medical security measures of custodial character, c) Institutional educational measures and d) juvenile imprisonment. The criminal substantive law prescribes concept, content, nature, character, duration and conditions for the implementation of institutional sanctions. However, the court pronounced forms and measures of custodial sanctions do not have to effectively last for the period pronounced by the decision. In fact, all legislation provide the possibility of conditional release for the convicted person from prisons even before the pronounced sentence is served, provided that the person meets certain conditions. There are two types of conditions for the granting of conditional release. These are: a) a formal requirement - tied to the length of the imposed sanctions of the institutional character and b) substantive requirement - a decision of the competent authority that is fully realized the purpose of punishment and without their effective enforcement in its entirety. The concept, content, conditions for granting, the method of execution and revocation of conditional release in the law of the Republic of Serbia (with theoretical and practical aspects) are discussed in this paper.

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