dc.creator | Kolarić, Dragana | |
dc.creator | Marković, Saša | |
dc.date.accessioned | 2024-02-05T08:38:55Z | |
dc.date.available | 2024-02-05T08:38:55Z | |
dc.date.issued | 2016 | |
dc.identifier.isbn | 978-86-6203-086-3 | |
dc.identifier.uri | http://jakov.kpu.edu.rs/handle/123456789/1580 | |
dc.description.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. | sr |
dc.language.iso | en | sr |
dc.publisher | Belgrad : Faculty of Special Education and Rehabilitation, Publishing Center of the Faculty | sr |
dc.rights | openAccess | sr |
dc.rights.uri | https://creativecommons.org/licenses/by/4.0/ | |
dc.source | Early intervention in special education and rehabilitation : thematic collection of international importance | sr |
dc.subject | criminal law | sr |
dc.subject | family violence | sr |
dc.subject | special and general prevention | sr |
dc.subject | court determination of penalty | sr |
dc.subject | legal determination of penalty | sr |
dc.title | Role of criminal law of Serbia in prevention of family violence | sr |
dc.type | bookPart | sr |
dc.rights.license | BY | sr |
dc.citation.spage | 637 | |
dc.citation.epage | 657 | |
dc.identifier.rcub | https://hdl.handle.net/21.15107/rcub_jakov_1580 | |
dc.identifier.fulltext | http://jakov.kpu.edu.rs/bitstream/id/6657/bitstream_6657.pdf | |
dc.type.version | publishedVersion | sr |