Role of criminal law of Serbia in prevention of family violence
Поглавље у монографији (Објављена верзија)
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The question is asked what the possibilities of criminal law in prevention and
suppression of family violence are. Article 42 of the Criminal Code starts from relative
theory and determines the purpose of punishment as special and general prevention.
Special prevention is underlined also within security measures as a type of criminal
sanctions which can be ordered for family violence as well. Analysing the penal policy of
the legislator and courts, we have made an attempt to determine if the purpose has been
achieved of prescribing a criminal offence of family violence. As pointed out in a part of
theory ratio legis of this incrimination was to provide complex criminal law protection.
However, taking into account the reaction and response of the competent authorities
to family violence, and after the analysis of primarily court penal policy, we express a
certain degree of scepsis regarding the reasons set forth as the reasons the legislator
was guided by when incriminating f...amily violence. It is therefore clear that general and
special prevention goals that the penalty implies are not accomplished either, and this
clearly and undoubtedly results from the legal text. The fact that this phenomenon draws
the attention of the public increasingly suggests that the legislator was mostly guided
by certain populist-political reasons rather than the true analysis which determines the
need to incriminate family violence as a separate criminal offence.
Кључне речи:
criminal law / family violence / special and general prevention / court determination of penalty / legal determination of penaltyИзвор:
Early intervention in special education and rehabilitation : thematic collection of international importance, 2016, 637-657Издавач:
- Belgrad : Faculty of Special Education and Rehabilitation, Publishing Center of the Faculty
Институција/група
JakovTY - CHAP AU - Kolarić, Dragana AU - Marković, Saša PY - 2016 UR - http://jakov.kpu.edu.rs/handle/123456789/1580 AB - The question is asked what the possibilities of criminal law in prevention and suppression of family violence are. Article 42 of the Criminal Code starts from relative theory and determines the purpose of punishment as special and general prevention. Special prevention is underlined also within security measures as a type of criminal sanctions which can be ordered for family violence as well. Analysing the penal policy of the legislator and courts, we have made an attempt to determine if the purpose has been achieved of prescribing a criminal offence of family violence. As pointed out in a part of theory ratio legis of this incrimination was to provide complex criminal law protection. However, taking into account the reaction and response of the competent authorities to family violence, and after the analysis of primarily court penal policy, we express a certain degree of scepsis regarding the reasons set forth as the reasons the legislator was guided by when incriminating family violence. It is therefore clear that general and special prevention goals that the penalty implies are not accomplished either, and this clearly and undoubtedly results from the legal text. The fact that this phenomenon draws the attention of the public increasingly suggests that the legislator was mostly guided by certain populist-political reasons rather than the true analysis which determines the need to incriminate family violence as a separate criminal offence. PB - Belgrad : Faculty of Special Education and Rehabilitation, Publishing Center of the Faculty T2 - Early intervention in special education and rehabilitation : thematic collection of international importance T1 - Role of criminal law of Serbia in prevention of family violence SP - 637 EP - 657 UR - https://hdl.handle.net/21.15107/rcub_jakov_1580 ER -
@inbook{ author = "Kolarić, Dragana and Marković, Saša", year = "2016", abstract = "The question is asked what the possibilities of criminal law in prevention and suppression of family violence are. Article 42 of the Criminal Code starts from relative theory and determines the purpose of punishment as special and general prevention. Special prevention is underlined also within security measures as a type of criminal sanctions which can be ordered for family violence as well. Analysing the penal policy of the legislator and courts, we have made an attempt to determine if the purpose has been achieved of prescribing a criminal offence of family violence. As pointed out in a part of theory ratio legis of this incrimination was to provide complex criminal law protection. However, taking into account the reaction and response of the competent authorities to family violence, and after the analysis of primarily court penal policy, we express a certain degree of scepsis regarding the reasons set forth as the reasons the legislator was guided by when incriminating family violence. It is therefore clear that general and special prevention goals that the penalty implies are not accomplished either, and this clearly and undoubtedly results from the legal text. The fact that this phenomenon draws the attention of the public increasingly suggests that the legislator was mostly guided by certain populist-political reasons rather than the true analysis which determines the need to incriminate family violence as a separate criminal offence.", publisher = "Belgrad : Faculty of Special Education and Rehabilitation, Publishing Center of the Faculty", journal = "Early intervention in special education and rehabilitation : thematic collection of international importance", booktitle = "Role of criminal law of Serbia in prevention of family violence", pages = "637-657", url = "https://hdl.handle.net/21.15107/rcub_jakov_1580" }
Kolarić, D.,& Marković, S.. (2016). Role of criminal law of Serbia in prevention of family violence. in Early intervention in special education and rehabilitation : thematic collection of international importance Belgrad : Faculty of Special Education and Rehabilitation, Publishing Center of the Faculty., 637-657. https://hdl.handle.net/21.15107/rcub_jakov_1580
Kolarić D, Marković S. Role of criminal law of Serbia in prevention of family violence. in Early intervention in special education and rehabilitation : thematic collection of international importance. 2016;:637-657. https://hdl.handle.net/21.15107/rcub_jakov_1580 .
Kolarić, Dragana, Marković, Saša, "Role of criminal law of Serbia in prevention of family violence" in Early intervention in special education and rehabilitation : thematic collection of international importance (2016):637-657, https://hdl.handle.net/21.15107/rcub_jakov_1580 .