REHABILITATION OF THE CONVICTS Cover Image

РЕХАБИЛИТАЦИЈА ОСУЂЕНИКА
REHABILITATION OF THE CONVICTS

Author(s): Dušan Jakovljević
Subject(s): Criminal Law
Published by: Правни факултет Универзитета у Београду
Keywords: Criminal law; Rehabilitation; Convict

Summary/Abstract: In terms of the notion, the rehabilitation as the institute of criminal law is establishing the position of full rights of the citizen of a convicted person, and putting into oblivion his criminal past, compensation of criminal - law conduct by good behaviour after the sentence is served, stimulating the convict to personally contribute to the process of resocialisation by way of a personal right of the convict who suffered legal consequences of the conviction to ask or to be granted on the ground of law - and under specific conditions and in the specific form, as established by law - the termination of legal incapacity and delation of the verdict for the future. The institute of rehabilitation is not regulated in the same way in the legislations which provide for it, so that there exist a number of variations. In Yugoslav criminal legislation, in accordance with article 91 of the Criminal Law of the SFRY, rehabilitation means that a person who served his sentence enjoys all rights and is able to acquire all rights - just as any other citizen, exept the ones which are imposed as restrictions by pronounced security measure or by talcing place of legal consequences of the verdict. In the last case the rehabilitation may take place by an early termination of these security measures, namely of legal consequences of the verdict - and under specific conditions on the ground of a court decision in terms of article 92 of the Criminal Law of the SFRY. In addition to the above and in terms of article 93 of the Criminal Law of the SFRY, a number of minor convictions automatically drops out of the files - under the force of law - while the convictions stricter than one year imprisonment and up to three years of imprisonment are delated under somewhat stricter conditions, and again under the decision of the court.

  • Issue Year: 39/1991
  • Issue No: 1-3
  • Page Range: 152-160
  • Page Count: 9
  • Language: Serbian