Legislative-technics’ characteristics of criminal offence of ill-treatment and torture in the Republic of Serbia
Konferencijski prilog (Objavljena verzija)
Metapodaci
Prikaz svih podataka o dokumentuApstrakt
In the paper author deals with the criminal law aspect of the protection of the absolute prohibition of torture, inhuman and degrading treatment and punishment, and the manner and modalities of criminal law protection against ill-treatment and torture in the legislation of the Republic of Serbia, in general.
The incrimination of ill-treatment and torture is envisaged within the group of criminal offenses against fundamental freedoms and rights of men and citizens and represents the ultima ratio form of state reaction to the violation and threatening of one of the most important civilization heritage. In addition to analyzing the characteristics of the criminal offense and the latest changes regarding the penalties for this offense, the topic of this paper is the nomotechniques - the legislative techniques characteristics that the legislator has chosen in formulating the legal description of this criminal offense. The author will try to answer to several groups of questions regarding t...he temporal dimension, the development of the legal description structure of this
offense, the reasons for predicting two principally separate offenses within a single criminal offense, the extended notion of torture in relation to the relevant international documents.
In conclusion, it is stated that the analyzed offense is in line with international standards and that any modifications, can be based pro futuro on differently recognized dominant protection object to which the violation and endangerment of this action are directed.
Ključne reči:
Prohibition of abuse / inhuman and degrading treatment and punishment / criminal offense of ill-treatment and torture / legislative technics characteristicsIzvor:
Thematic conference proceedings of international significance. Vol. 1 / International scientific conference "Archibald Reiss Days", Belgrade, 6-7 November 2019., 2019, 183-193Finansiranje / projekti:
- Razvoj institucionalnih kapaciteta, standarda i procedura za suprotstavljanje organizovanom kriminalu i terorizmu u uslovima međunarodnih integracija (RS-MESTD-Basic Research (BR or ON)-179045)
Institucija/grupa
JakovTY - CONF AU - Bodrožić, Ivana PY - 2019 UR - http://jakov.kpu.edu.rs/handle/123456789/1347 AB - In the paper author deals with the criminal law aspect of the protection of the absolute prohibition of torture, inhuman and degrading treatment and punishment, and the manner and modalities of criminal law protection against ill-treatment and torture in the legislation of the Republic of Serbia, in general. The incrimination of ill-treatment and torture is envisaged within the group of criminal offenses against fundamental freedoms and rights of men and citizens and represents the ultima ratio form of state reaction to the violation and threatening of one of the most important civilization heritage. In addition to analyzing the characteristics of the criminal offense and the latest changes regarding the penalties for this offense, the topic of this paper is the nomotechniques - the legislative techniques characteristics that the legislator has chosen in formulating the legal description of this criminal offense. The author will try to answer to several groups of questions regarding the temporal dimension, the development of the legal description structure of this offense, the reasons for predicting two principally separate offenses within a single criminal offense, the extended notion of torture in relation to the relevant international documents. In conclusion, it is stated that the analyzed offense is in line with international standards and that any modifications, can be based pro futuro on differently recognized dominant protection object to which the violation and endangerment of this action are directed. C3 - Thematic conference proceedings of international significance. Vol. 1 / International scientific conference "Archibald Reiss Days", Belgrade, 6-7 November 2019. T1 - Legislative-technics’ characteristics of criminal offence of ill-treatment and torture in the Republic of Serbia SP - 183 EP - 193 UR - https://hdl.handle.net/21.15107/rcub_jakov_1347 ER -
@conference{ author = "Bodrožić, Ivana", year = "2019", abstract = "In the paper author deals with the criminal law aspect of the protection of the absolute prohibition of torture, inhuman and degrading treatment and punishment, and the manner and modalities of criminal law protection against ill-treatment and torture in the legislation of the Republic of Serbia, in general. The incrimination of ill-treatment and torture is envisaged within the group of criminal offenses against fundamental freedoms and rights of men and citizens and represents the ultima ratio form of state reaction to the violation and threatening of one of the most important civilization heritage. In addition to analyzing the characteristics of the criminal offense and the latest changes regarding the penalties for this offense, the topic of this paper is the nomotechniques - the legislative techniques characteristics that the legislator has chosen in formulating the legal description of this criminal offense. The author will try to answer to several groups of questions regarding the temporal dimension, the development of the legal description structure of this offense, the reasons for predicting two principally separate offenses within a single criminal offense, the extended notion of torture in relation to the relevant international documents. In conclusion, it is stated that the analyzed offense is in line with international standards and that any modifications, can be based pro futuro on differently recognized dominant protection object to which the violation and endangerment of this action are directed.", journal = "Thematic conference proceedings of international significance. Vol. 1 / International scientific conference "Archibald Reiss Days", Belgrade, 6-7 November 2019.", title = "Legislative-technics’ characteristics of criminal offence of ill-treatment and torture in the Republic of Serbia", pages = "183-193", url = "https://hdl.handle.net/21.15107/rcub_jakov_1347" }
Bodrožić, I.. (2019). Legislative-technics’ characteristics of criminal offence of ill-treatment and torture in the Republic of Serbia. in Thematic conference proceedings of international significance. Vol. 1 / International scientific conference "Archibald Reiss Days", Belgrade, 6-7 November 2019., 183-193. https://hdl.handle.net/21.15107/rcub_jakov_1347
Bodrožić I. Legislative-technics’ characteristics of criminal offence of ill-treatment and torture in the Republic of Serbia. in Thematic conference proceedings of international significance. Vol. 1 / International scientific conference "Archibald Reiss Days", Belgrade, 6-7 November 2019.. 2019;:183-193. https://hdl.handle.net/21.15107/rcub_jakov_1347 .
Bodrožić, Ivana, "Legislative-technics’ characteristics of criminal offence of ill-treatment and torture in the Republic of Serbia" in Thematic conference proceedings of international significance. Vol. 1 / International scientific conference "Archibald Reiss Days", Belgrade, 6-7 November 2019. (2019):183-193, https://hdl.handle.net/21.15107/rcub_jakov_1347 .