ОДНОС ИЗМЕЂУ КРИМИНАЛНЕ ПОЛИТИКЕ И КРИВИЧНОГ ПРАВА - ПРИЛОГ СХВАТАЊИМА ПРОФЕСОРА МИЛУТИНОВИЋА
THE RELATIONSHIP BETWEEN CRIMINAL POLICУ AND CRIMINAL LAW - A CONTRIBUTION TO THE CONCEPTIONS OF PROFESSOR MILUTINOVIĆ

Summary/Abstract: The relationship is analyzed between criminal policy and criminal law - conceived as mutual functional connection, where criminal legislation represents one of the bases for building up criminal policy. The author considers that the function of criminal law in realizing the aims of criminal policy is best reflected through putting into effect some basic principles of criminal law. Related to this issue are the problems connected to three principles, namely: legality, legitimacy, criminal-law compulsion and individualisation of criminal sanctions. After pointing out at their theoretical and practical significance, the author analyzes in a critical manner the implementation of these principles in Yugoslav criminal legislation and submits proposals of a corresponding reform.

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