Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2018, vol. LII, No. 4, pp. 1731–1746
Language of the paper: Serbian
Review Article
udk: 343.549-053.2/.6:342.7
doi: 10.5937/zrpfns52-18593
Auhor:
Milica D. Kovačević, Assistant Professor
University of Belgrade
Faculty for special education and rehabilitation
milica.kovacevic@fasper.bg.ac.rs
Abstract:
Criminal prosecution for the abduction of a minor should additionally protect the child’s right to live with his parents, or other authorized caregivers, and also to maintain contact with parents or other relatives and close people. The paper is designed to explain the reasons justifying the existence of this incrimination. Some general considerations are given in the introductory part, with a review of the relevant international documents. The central part of the paper is devoted to the analysis of positive law in the Republic of Serbia, with particular emphasis on the mutual relationship between the criminal offense of abduction of the minor and the criminal offense of kidnapping, and to the analysis of controversial issues that arise in the judicial practice. The aim of the paper is to point out the real possibilities of criminal law protection in this sphere, as well as to emphasize the need to respect the letter of the law without loose and extensive interpretation in the judicial practice.
Keywords:
abduction of a minor, kidnapping, rights of the child, access rights, best interests of the child.