CONDITIONAL SENTENCE WITH PROTECTIVE SUPERVISION - concept, application, and relationship with other alternative sanctions and measures

The paper gives an overview of the concept and content of a conditional sentence with protective supervision according to the solutions in the Criminal Code of the Republic of Serbia, pointing out certain substantive inconsistencies and legal gaps. The author explains what significance this...

Full description

Saved in:
Bibliographic Details
Main Author: Olga Tešović
Format: Article
Language:English
Published: Serbian Association for Criminal Law Theory and Practice and Institute of Criminological and Sociological Research 2022-12-01
Series:Revija za kriminologiju i krivično pravo
Online Access:https://www.iksi.ac.rs/rkk_arhiva/rkk_3_2022/rkk_3_2022_tesovic.pdf
Tags: Add Tag
No Tags, Be the first to tag this record!
_version_ 1850123849063989248
author Olga Tešović
author_facet Olga Tešović
author_sort Olga Tešović
collection DOAJ
description The paper gives an overview of the concept and content of a conditional sentence with protective supervision according to the solutions in the Criminal Code of the Republic of Serbia, pointing out certain substantive inconsistencies and legal gaps. The author explains what significance this sanction should have in the system of non-custodial sanctions and measures, starting from international standards and comparative practice in this area. In addition to substantive law, the paper also analyzes the regulations related to the execution of this alternative sanction, as well as the situation with its application in practice. Special attention was given to the relationship of this alternative sanction with other alternative sanctions and measures, both with those that already exist in our positive law - house arrest, work in the public interest and the institute of settlement of perpetrators and injured parties, and with some non-custodial measures which originate from the Anglo-Saxon legal field - „shaming punishments“, which exist in the USA law. The aim of this paper is to point out the importance of this alternative sanction and its possibilities of improvement in terms of greater and more efficient application in practice.
format Article
id doaj-art-7111e597fdbb4f6e99fd19d6b237d2c0
institution OA Journals
issn 1820-2969
language English
publishDate 2022-12-01
publisher Serbian Association for Criminal Law Theory and Practice and Institute of Criminological and Sociological Research
record_format Article
series Revija za kriminologiju i krivično pravo
spelling doaj-art-7111e597fdbb4f6e99fd19d6b237d2c02025-08-20T02:34:29ZengSerbian Association for Criminal Law Theory and Practice and Institute of Criminological and Sociological ResearchRevija za kriminologiju i krivično pravo1820-29692022-12-016037710410.47152/rkkp.60.3.5CONDITIONAL SENTENCE WITH PROTECTIVE SUPERVISION - concept, application, and relationship with other alternative sanctions and measuresOlga Tešović The paper gives an overview of the concept and content of a conditional sentence with protective supervision according to the solutions in the Criminal Code of the Republic of Serbia, pointing out certain substantive inconsistencies and legal gaps. The author explains what significance this sanction should have in the system of non-custodial sanctions and measures, starting from international standards and comparative practice in this area. In addition to substantive law, the paper also analyzes the regulations related to the execution of this alternative sanction, as well as the situation with its application in practice. Special attention was given to the relationship of this alternative sanction with other alternative sanctions and measures, both with those that already exist in our positive law - house arrest, work in the public interest and the institute of settlement of perpetrators and injured parties, and with some non-custodial measures which originate from the Anglo-Saxon legal field - „shaming punishments“, which exist in the USA law. The aim of this paper is to point out the importance of this alternative sanction and its possibilities of improvement in terms of greater and more efficient application in practice.https://www.iksi.ac.rs/rkk_arhiva/rkk_3_2022/rkk_3_2022_tesovic.pdf
spellingShingle Olga Tešović
CONDITIONAL SENTENCE WITH PROTECTIVE SUPERVISION - concept, application, and relationship with other alternative sanctions and measures
Revija za kriminologiju i krivično pravo
title CONDITIONAL SENTENCE WITH PROTECTIVE SUPERVISION - concept, application, and relationship with other alternative sanctions and measures
title_full CONDITIONAL SENTENCE WITH PROTECTIVE SUPERVISION - concept, application, and relationship with other alternative sanctions and measures
title_fullStr CONDITIONAL SENTENCE WITH PROTECTIVE SUPERVISION - concept, application, and relationship with other alternative sanctions and measures
title_full_unstemmed CONDITIONAL SENTENCE WITH PROTECTIVE SUPERVISION - concept, application, and relationship with other alternative sanctions and measures
title_short CONDITIONAL SENTENCE WITH PROTECTIVE SUPERVISION - concept, application, and relationship with other alternative sanctions and measures
title_sort conditional sentence with protective supervision concept application and relationship with other alternative sanctions and measures
url https://www.iksi.ac.rs/rkk_arhiva/rkk_3_2022/rkk_3_2022_tesovic.pdf
work_keys_str_mv AT olgatesovic conditionalsentencewithprotectivesupervisionconceptapplicationandrelationshipwithotheralternativesanctionsandmeasures