PRAVNI ZAPISI • Year VI • No. 2 • pp. 362-374

CRITICAL REVIEW OF THE LAW ON EXECUTION OF CRIMINAL SANCTIONS

Language: Serbian

Dr Cvijetin Đorđić
Specijalista za suzbijanje korupcije, organizovanog kriminaliteta i terorizma
Ministarstvo pravde – Uprava za izvršenje krivičnih sankcija
e-mail: cvijetin.dj@sbb.rs

.

.

Pravni zapisi, No. 2/2015, pp. 362-374

Original Scientific Article

DOI: 10.5937/pravzap0-8723

KEY WORDS
Judge for execution, convicts, jail, criminal sanctions, detainees, detention, coercive measures, disciplinary responsibility.

ABSTRACT
It is certain that the Law on execution of criminal sanctions contains a number of imperfections that need to be dealt with as soon as possible, because we are talking about the law on whose execution depends the realization of human rights of people deprived of their freedom, as a particularly vulnerable population. It is not possible, in the text of this type and purpose, to list all the disadvantages of regulation which has this kind of proportions. The choice of our review could have been different, therefore we could have been talking about deficiency of the law which should defend rights of special categories of people deprived of their freedom (women, people with disabilities), inadequate approach to certain rights, such as the right to health care, lack of legal regulations on special measures for maintaining order and security, and others. However, it is said more than sufficiently to conclude that, beyond every doubt, the law which is the subject of this review, is not good enough. It directly violates the presumption of innocence under Article 237, paragraph 3, according to which on arrival to the detention house, detainees who together participated in the crime, are being separately accommodated, instead of saying that there is a doubt that they committed the crime of which they are accused for, the rights of the convicted are imprecisely and insufficiently processed, and the rights of employees are violated in relation to the previous law, which regulated the execution of criminal sanctions. If we add to that, that the regulations on detention are illogically designed, and above all, unnecessary, and that the regulations of the judge for execution of criminal sanctions, as the only valid novelty in the penitentiary system, are still not comprehensive and fundamental, then it is certain that a new law should have to be adopted, since there are too many changes to be made in the old one. This text aims to contribute to the acceleration of this process.