Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2019, vol. LIII, No. 4, pp. 1271–1285
Language of the paper: Serbian
Original scientific paper
udk: 343.26(497.11)”2019”
doi: 10.5937/zrpfns53-24665
Author:
Ivan Milić, Assistant with Ph.D.
University of Novi Sad
Faculty of Law Novi Sad
i.milic@pf.uns.ac.rs
Abstract:
A court decision by which an accused is sentenced to prison is, as a rule, executed when it becomes legally binding and enforceable. Apart from the individualization of punishment by court, the individualization of punishment continues throughout the time spent serving a prison sentence. The base law, which regulates the execution of a prison sentence, is the Law on Execution of Criminal Sanction, but bylaws of lower legal force are immeasurably important as well. The National Assembly of the Republic of Serbia has adopted the Law on Alterations and Amendments of the Law on Execution of Criminal Sanctions. The Law introduces certain innovations in the individualization of a punishment before a convict begins serving his sentence, as well as during the serving of the sentence. The judge for execution of criminal sanctions renders the decision on individualization. The focus of the author’s attention are these changes, which concern the individualization of the prison sentence by the judge for execution of criminal sanctions. First, the changes affect the way in which a prison sentence is executed, more precisely, the possibility for a convict to serve a sentence in his place of residence instead of a penal institution. Secondly, the employment of convicts outside of penal institutions is altered. The third change affects the early release of convicts.
Keywords:
individualization, prison sentence, judge for execution of criminal sanctions, house arrest.