NOVI KONCEPT KAŽNJAVANJA KRIVIČNOG DELA IZNUDE U REPUBLICI SRBIJI – ISTORIJSKI PREGLED I PREDLOG „DE LEGE FERENDA“
NEW CONCEPT PUNISHMEN OF THE OFFENSE OF EXTORTION IN THE REPUBLIC OF SERBIA - HISTORICAL REVIEW AND PROPOSAL „DE LEGE FERENDA“

Summary/Abstract: The Criminal Code of the Republic of Serbia, which is one of the modern criminal laws, prescribes punishment for the crime of extortion in terms of prison sentences predicting specific minimum and maximum, except for qualified, organized form of extortion which is prescribed for a specific minimum respecting the general statutory maximum punishment. The crime of extortion is the old, classic criminal offense, this is his incrimination in the Acts that existed since ancient years, first in Criminal (punishment) code, and then in subsequent laws only to a modification of the conceptual elements of work. Punishment for this offense is therefore any different, and bearing in mind that the social circumstances were different, and Conpet punishment that implied impose more severe penalties, in particular in terms of prison and harsh imprisonment, and only one law of evolution observed in the form of cash punishment. Bearing in mind that the extortion rear specific criminal offense because the constraint appears as a means of achieving the target of extortion by obtaining materijal illegal use, and hence considered extortion violent property crime. Although coercion and violence are punished by imprisonment including the crime of extortion, though the meaning of this crime is not violent but unlawful materijal benefit that the offender obtained when the work finished, so in this regard in the Criminal Code of the Republic of Serbia as a cumulative sentence should be impose a fine justificatory fact that the time to accomplish more effective system of punishment because in this case retributive punishment can achieve the purpose and work on special and general prevention. Since due to the volume of work it is impossible to observe the impact money of fines (as prescribed cumulatively with imprisonment) on the perpetrators of the offense in terms of their return or preventive efforts, the author of this paper sets out ways of punishing extortion of its incrimination in criminal legislation to punish suggesting positive ways in this the new concept of a possible punishment of this work in the perspective of future amendments to the Criminal Code.

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