The reform of the penalty system for the purpose of combating crime

Abstract

The reform of the substantive criminal legislation always implies a review of the system of criminal sanctions, primarily of penalty system. It is necessary to create a balance between the need to combat crime, changes occurring in the society and the fundamental amendments to the General and Special parts of the Criminal Code that are conditioned by new, serious forms of crime, the experiences in the application of previous solutions and the latest achievements in science of criminal law and their application in comparative law. Therefore, the paper analyses the basic postulates of the Criminal Code of Serbia relating to the penalty system. The first part of the paper, which is at the same time dedicated to introductory remarks, points to the dynamic stage in which the criminal legislation of Serbia is at the moment, which is also characteristic for other European countries. Furthermore, it provides an overview of the relevant provisions of the Criminal Code of Serbia, which entered into force on 1 January 2006. For the purpose of a comprehensive approach, the analysis also included solutions that are the result of amendments to the Criminal Code in 2009 and 2012. The subsequent changes and amendments in 2013 and 2014 were not of importance for the penalty system. Special attention was paid to the decades-long attempt to introduce into our criminal legislation sentence of life imprisonment. Having regard to the need for argumentative and critical analysis of the several times proposed solution on the sentence of life imprisonment, the aim is to evaluate the main pros and cons in regards to this sentence. By examining the new provisions introduced with the aim of combating crime, but also by taking a stance in respect of certain legal issues, the author gave suggestions de lege ferenda.