Suspension of driving licence

Abstract

Suspension of driving licence is a new punishment in the Criminal Code of the Republic of Serbia which hasn't existed in our criminal legislation up until now. However, it is not new in comparative criminal law, because certain contemporary criminal codes already foresee it under different names, for example French Criminal Code, Hungarian Criminal Code, Spanish Criminal Code and Portuguese Criminal Code, while some foresee it as both punishment and security measure, as in the cases of German Criminal Code, Slovenian Criminal Code, and our Criminal code. Parallel existence of driving licence suspension and security measure of ban on driving a motor vehicle in our Criminal Code requires determination of differences in concept and content between these two criminal sanctions. This difference has to be sought in purpose of implementation one or the other sanction and in conditions for their pronouncement. Given the relationship between these two sanctions, the Criminal Code foresees that the suspension of driving licence can not be pronounced together with the security measure of ban on driving a motor vehicle. Suspension of driving licence may be pronounced both as principal and as secondary sanction. It may be pronounced as principal punishment for criminal offences punishable by imprisonment of up to two years, and it may me pronounced as secondary punishment together with any other principal punishment (imprisonment, community service, fine). Duration of the penalty may not be less than one nor more than three years, and general condition for its pronunciation is that a motor vehicle was used for preparation or commission of an offence. Although this punishment by its nature refers to criminal offences against public traffic safety, the Criminal Code has set the possibility of its use much wider, connecting it to the use of motor vehicle in preparation or commission of a criminal offence, which can be interpreted very broad. It could be concluded that this punishment is acceptable, observing the increase in number of punishments and expanding possibilities of their individualization, and also as another alternative to imprisonment in particular cases. However, considering numerous problems regarding its prescription and implementation in practice, it is evident that provisions on this punishment should be worked out, altered and amended in more details, in order to provide its adequate use, and hence accomplishment of the purpose of punishment.

Novi Krivični zakonik Republike Srbije predvideo je u svom sistemu krivičnih sankcija oduzimanje vozačke dozvole kao novu vrstu kazne. Ova kazna se prvi put pojavljuje u našem krivičnom zakonodavstvu, ali u uporednom krivičnom pravu ne predstavlja novinu. Ona se može izreći i kao glavna i kao sporedna kazna, ali se ne može izreći zajedno sa merom bezbednosti zabrane upravljanja motornim vozilom. Kazna oduzimanja vozačke dozvole se pojavljuje kao korisna novina jer proširuje mogućnosti individualizacije kazne i predstavlja moguću alternativu kazni zatvora u pojedinim slučajevima, ali brojni problemi u vezi sa njenim propisivanjem i primenom u praksi nameću potrebu da se odredbe o ovoj kazni detaljnije razrade, dopune i izmene.