Pre-crime concept as an effective instrument of penalty policy for the crime of domestic violence – new challenges for Serbia

Abstract

Contemporary tendencies of criminal procedure legislation in general, including criminal procedure legislation of Serbia, have been increasingly emphasizing the importance of the implementation of the preventive aspect of criminal policy. One such general trend has also been applied in Serbia when it comes to the crime of domestic violence. Namely, the phenomenon of domestic violence is not only recognized in underdeveloped countries, but is also widespread in the most developed countries whose legal systems are based on the principles of democracy, the rule of law and the prohibition of discrimination. The aforementioned trend of recognizing the existence of domestic violence in almost all countries indicates the increasing importance of establishing adequate instruments to combat this form of crime even more effectively, especially bearing in mind the close relationship between the abuser and the victim and the temporal determinant of the continued torture of the victim. Accordingly, following the European path and based on the contemporary pre-crime concept, Serbia adopted the Law on the Prevention of Domestic Violence setting up the police as the key subject for a more effective fight in the field of the prevention of domestic violence. The key determinants used by the authors in analysing the subject matter are the essential explanations of the new rules and the criminal and political reasons for which they were established as well as their purpose. The authors analysed them from the following aspects: first, Serbia and harmonization with European standards for combating domestic violence (introductory considerations); second, the police as the key subject of the penalty policy for domestic violence off enses; third, a conducted survey of police officers and their views on the implementation of the Law on the Prevention of Domestic Violence, fourth, conclusion.