Legislative-technics’ characteristics of criminal offence of ill-treatment and torture in the Republic of Serbia
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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.