Kazna kao instrument državne reakcije na kriminalitet i predstojeće izmene u Krivičnom zakoniku Srbije
Punishment as instrument of state response to crime and upcoming changes in the Criminal Code of Serbia
Апстракт
After the adoption of the Criminal Code, the system of punishment in the criminal legislation
of
Serbia
has
met
the
standards
that
exist
in other
European
countries.
Despite
certain
changes
and
amendments
in recent
years,
which
are
in line
with
the
strengthening
of
retributivism,
we
point
out
that
their
main
focus
is
still
utilitarian,
i.e.
justification
for
the
reform
is
in social
utility.
Punishment
is
necessary
in combating
crime
and
without
it
criminal
law
is
inconceivable.
The
analysis
in
the
paper
includes
the
changes
and
amendments
to
the
Criminal
Code
that
dealt
with
the
system
of
punishment,
as
well
as
certain
provisions
relating
to
sentencing,
which
have
also
been
affected
by
the
reform
of
the
criminal
legislation,
namely:
the
prohibition
of
reducing
the
punishment
for
certain
crimes,
hate
as
required
aggravating
circumstance,
the
issue
of
more
strict
...punishments
as
exceptional
way
of
sentencing.
Taking
stand
in relation
to
the
new
provisions
also
required
a
criminal-political
assessment
of
the
usefulness
of
the
new
provisions
in combating
crime,
as
well
as
consideration
of
certain
legal
matters
based
on
which
the
author
gave
suggestions
de
lege
ferenda
for
their
improvement
and
development.
The
author
first
analyzes
the
basic
postulates
of
the
Criminal
Code
of
2005 relating
to
the
system
of
punishment,
and
then
the
provisions
that
were
the
subject
of
changes
and
amendments
in 2009 and
2012 (changes
and
amendments
to
the
Criminal
Code
of
2013 were
not
related
to
criminal
sanctions).
Given
that
the
part
concerning
criminal
sanctions
in
criminal
legislation
represents
a broad
field,
especially
the
part
that
refers
to
the
concept
and
types
of
punishments
and
sentencing,
and
that
it
is
more
often
studied
as
an
independent
field,
it
is
clear
that
it
is
a very
significant
part
of
the
Criminal
Code.
Research
of
this
field
can
be
approached
from
different
aspects:
legal
and
philosophical,
social,
etc.,
however,
this
time,
the
legal-dogmatic
approach prevails with the addition of other methods, especially when it comes to certain debates
for and against certain types of penalties.
Кључне речи:
punishment / Criminal Code / SerbiaИзвор:
Pravni život : list za pravna pitanja i praksu. - Tematski broj Pravo i načelo savesnosti i poštenja, [27. godina kopaoničke škole prirodnog prava] : T. 1, 2014, 63, knj. 571, 9, 597-615Издавач:
- Beograd : Udruženje pravnika Srbije