Full text of the paper:
Proceedings of the Faculty of Law, Novi Sad
2024, vol. LVIII, no. 4, p. 847-861
working language: Serbian
Review paper
343.8(497.11)(094.5) 343.241
doi:10.5937/zrpfns58-54262
Author:
Dragiša Drakić
University of Novi Sad
Faculty of Law in Novi Sad
d.drakic@pf.uns.ac.rs
ORCID ID: 0000-0002-5248-6562
Ivan Milić
University of Novi Sad
Faculty of Law in Novi Sad
i.milic@pf.uns.ac.rs
ORCID ID: 0000-0002-7916-5590
Summary:
Sanctions that do not consist in the deprivation of freedom of the perpetrator of the criminal act are being prescribed more and more often. Also, the prison sentence in terms of the place of execution is no longer what it used to be – because it can be executed either in a penal institution or in the premises where the convicted person lives. It is evident that the number of security measures is also increasing. Regarding the prescription of sanctions, the situation is similar when it comes to misdemeanors.
If a criminal sanction has been pronounced and the decision, as a rule, has become legally binding, the sanction will be executed. The execution of criminal sanctions is regulated by numerous regulations of different legal force – laws and by-laws. Until 2014, the “main regulation” in the area of enforcement of criminal sanctions was the Law on the Enforcement of Criminal Sanctions and by-laws adopted on the basis of it.
In 2014, the National Assembly passed the Law on the Execution of Extra-Factory Sanctions and Measures, which was amended in 2018. This law introduces significant novelties regarding the execution of certain sanctions imposed on the perpetrators of criminal acts: criminal acts, misdemeanors, and economic offenses. It also regulates the execution of certain measures against a suspected, accused or convicted person. This Law is lex specialis in relation to the Law on Execution of Criminal Sanctions.
Keywords:
criminal sanctions, prison, house arrest, convicted, criminal act, misdemeanor.