ИНВИДУАЛИЗАЦИЈА ИЗВРШЕЊА КАЗНЕ ЗАТВОРА ИЗ УГЛА КРИВИЧНОГ ПРАВА
INDIVIDUALIZATION OF THE EXECUTION OF PRISON SENTENCES FROM THE PERSPECTIVE OF CRIMINAL LAW

Author(s): Ivan Đorović, Milica Župljanić
Subject(s): Criminal Law, Criminology, Penology, Sociology of Law
Published by: CENTAR MODERNIH ZNANJA
Keywords: individualization; prison sentence; criminal law; resocialization;
Summary/Abstract: In the science of criminal law, the principle of individualization is used as a term much more often in the assessment of punishment, as opposed to the selection and application of an appropriate criminal sanction. In essence, individualization of punishment is a way of judicially assessing the punishment of the perpetrator of a criminal offense in each specific case by the court. It is the adaptation of the punishment (type and measure) to the specifically committed criminal offense and its perpetrator, with the aim of assessing such a punishment that will best and most efficiently achieve the purpose of punishment - protecting society from crime. Without individualization, special prevention cannot be achieved at all. It is in any case in accordance with the legality of the imposition and execution of sentences. In other words, individualization of punishment is the adaptation of the punishment to the specifically committed criminal offense and its perpetrator by taking into account all the circumstances of the case, especially the gravity of the committed criminal offense and the degree of responsibility of the perpetrator. In the broadest sense, individualization of punishment means the application of that punishment to the perpetrator of a criminal offense that will best achieve the purpose of punishment.

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