Personal characteristics of the perpetrator and sentencing
Apstrakt
The subject of this paper is personal characteristics of the perpetrator, its significance for sentencing
in Criminal
Legislation,
Criminal
Law
Literature
and
jurisprudence.
In
the
first
part
of
the
paper,
the
author
will consider
the
term
and
types
of
sentencing
as well
as circumstances
which
are
relevant
for
sentencing
in our
Criminal
Legislation.
Special
attention
will be
paid
to
the
influence
of
personal
characteristics
of
perpetrator
for
sentencing.
There
is a great
number
of
dilemmas in theory
and
jurisprudence
related
to
this
topic
to
the
resolution
of
which
the
author
will try
to
contribute.
In
principle
there
is no unique
opinion
on
what
is meant
by
personal
characteristics
of
perpetrator.
If
the
perpetrator
has a profession
which
is of
high
social
importance
(policeman,
doctor,
etc.),
it
is unclear
whether
this
circumstance
should
be
taken
into
account
as mitigati...ng
or
aggravating.
Also,
there
is a question
whether
the
unemployment
of
perpetrator
should
be
taken
into
account
in sentencing
as aggravating
or
mitigating
circumstance.
It
is
disputable
whether
the
courts
should
take
into
account
only
personal
characteristics
that
existed
in time of
execution
of
offense
or
the
ones
occurred
after
commission
of
offense
are
relevant
as well.
Finally, the results of jurisprudence research will be presented in this paper which almost always takes
personal characteristics of perpetrator as mitigating circumstance. The author will explain his critical opinion
on
court’s
proceeding
in sentencing.
Ključne reči:
personal characteristics / sentencing / mitigating and aggravating circumstancesIzvor:
Tematski zbornik radova međunarodnog značaja. Tom 2 / Međunarodni naučni skup “Dani Arčibalda Rajsa”, Beograd, 3-4. mart 2015. = Thematic Conference Proceedings of International Significance. Vol. 2 / International Scientific Conference “Archibald Reiss Days”, Belgrade, 3-4 March 2015, 2015, 321-329Izdavač:
- Beograd : Kriminalističko-policijska akademija = Belgrade : Academy of Criminalistic and Police Studies
Institucija/grupa
JakovTY - CONF AU - Risimović, Radosav AU - Kolarić, Dragana PY - 2015 UR - https://jakov.kpu.edu.rs/handle/123456789/1651 AB - The subject of this paper is personal characteristics of the perpetrator, its significance for sentencing in Criminal Legislation, Criminal Law Literature and jurisprudence. In the first part of the paper, the author will consider the term and types of sentencing as well as circumstances which are relevant for sentencing in our Criminal Legislation. Special attention will be paid to the influence of personal characteristics of perpetrator for sentencing. There is a great number of dilemmas in theory and jurisprudence related to this topic to the resolution of which the author will try to contribute. In principle there is no unique opinion on what is meant by personal characteristics of perpetrator. If the perpetrator has a profession which is of high social importance (policeman, doctor, etc.), it is unclear whether this circumstance should be taken into account as mitigating or aggravating. Also, there is a question whether the unemployment of perpetrator should be taken into account in sentencing as aggravating or mitigating circumstance. It is disputable whether the courts should take into account only personal characteristics that existed in time of execution of offense or the ones occurred after commission of offense are relevant as well. Finally, the results of jurisprudence research will be presented in this paper which almost always takes personal characteristics of perpetrator as mitigating circumstance. The author will explain his critical opinion on court’s proceeding in sentencing. PB - Beograd : Kriminalističko-policijska akademija = Belgrade : Academy of Criminalistic and Police Studies C3 - Tematski zbornik radova međunarodnog značaja. Tom 2 / Međunarodni naučni skup “Dani Arčibalda Rajsa”, Beograd, 3-4. mart 2015. = Thematic Conference Proceedings of International Significance. Vol. 2 / International Scientific Conference “Archibald Reiss Days”, Belgrade, 3-4 March 2015 T1 - Personal characteristics of the perpetrator and sentencing SP - 321 EP - 329 UR - https://hdl.handle.net/21.15107/rcub_jakov_1651 ER -
@conference{ author = "Risimović, Radosav and Kolarić, Dragana", year = "2015", abstract = "The subject of this paper is personal characteristics of the perpetrator, its significance for sentencing in Criminal Legislation, Criminal Law Literature and jurisprudence. In the first part of the paper, the author will consider the term and types of sentencing as well as circumstances which are relevant for sentencing in our Criminal Legislation. Special attention will be paid to the influence of personal characteristics of perpetrator for sentencing. There is a great number of dilemmas in theory and jurisprudence related to this topic to the resolution of which the author will try to contribute. In principle there is no unique opinion on what is meant by personal characteristics of perpetrator. If the perpetrator has a profession which is of high social importance (policeman, doctor, etc.), it is unclear whether this circumstance should be taken into account as mitigating or aggravating. Also, there is a question whether the unemployment of perpetrator should be taken into account in sentencing as aggravating or mitigating circumstance. It is disputable whether the courts should take into account only personal characteristics that existed in time of execution of offense or the ones occurred after commission of offense are relevant as well. Finally, the results of jurisprudence research will be presented in this paper which almost always takes personal characteristics of perpetrator as mitigating circumstance. The author will explain his critical opinion on court’s proceeding in sentencing.", publisher = "Beograd : Kriminalističko-policijska akademija = Belgrade : Academy of Criminalistic and Police Studies", journal = "Tematski zbornik radova međunarodnog značaja. Tom 2 / Međunarodni naučni skup “Dani Arčibalda Rajsa”, Beograd, 3-4. mart 2015. = Thematic Conference Proceedings of International Significance. Vol. 2 / International Scientific Conference “Archibald Reiss Days”, Belgrade, 3-4 March 2015", title = "Personal characteristics of the perpetrator and sentencing", pages = "321-329", url = "https://hdl.handle.net/21.15107/rcub_jakov_1651" }
Risimović, R.,& Kolarić, D.. (2015). Personal characteristics of the perpetrator and sentencing. in Tematski zbornik radova međunarodnog značaja. Tom 2 / Međunarodni naučni skup “Dani Arčibalda Rajsa”, Beograd, 3-4. mart 2015. = Thematic Conference Proceedings of International Significance. Vol. 2 / International Scientific Conference “Archibald Reiss Days”, Belgrade, 3-4 March 2015 Beograd : Kriminalističko-policijska akademija = Belgrade : Academy of Criminalistic and Police Studies., 321-329. https://hdl.handle.net/21.15107/rcub_jakov_1651
Risimović R, Kolarić D. Personal characteristics of the perpetrator and sentencing. in Tematski zbornik radova međunarodnog značaja. Tom 2 / Međunarodni naučni skup “Dani Arčibalda Rajsa”, Beograd, 3-4. mart 2015. = Thematic Conference Proceedings of International Significance. Vol. 2 / International Scientific Conference “Archibald Reiss Days”, Belgrade, 3-4 March 2015. 2015;:321-329. https://hdl.handle.net/21.15107/rcub_jakov_1651 .
Risimović, Radosav, Kolarić, Dragana, "Personal characteristics of the perpetrator and sentencing" in Tematski zbornik radova međunarodnog značaja. Tom 2 / Međunarodni naučni skup “Dani Arčibalda Rajsa”, Beograd, 3-4. mart 2015. = Thematic Conference Proceedings of International Significance. Vol. 2 / International Scientific Conference “Archibald Reiss Days”, Belgrade, 3-4 March 2015 (2015):321-329, https://hdl.handle.net/21.15107/rcub_jakov_1651 .