THE PUNISHMENT OF MURDER PERPETRATORS IN THE PRACTICE OF THE CANTONAL COURT IN SARAJEVO AND ZENICA Cover Image

KAŽNJAVANJE UČINITELJA UBISTAVA U PRAKSI KANTONALNOG SUDA U SARAJEVU I ZENICI
THE PUNISHMENT OF MURDER PERPETRATORS IN THE PRACTICE OF THE CANTONAL COURT IN SARAJEVO AND ZENICA

Author(s): Admir Muharem
Subject(s): Criminal Law, Criminology, Penal Policy
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: criminal law; the criminal offense of murder; the concept of punishment; the purpose of punishment; mitigation of punishment;

Summary/Abstract: In this paper, the author discusses the issue of punishing perpetrators of murders, which in essence makes a very complex area, which from one point of view is reflected in the crime of murder as the most destructive human action, and on the other in punishment as an indicator of the penal policy of the judiciary. In the first part of this paper, the author deals with the legal provisions of punishment, punishment, and the crime of murder. The author pays special attention to the legal possibilities of mitigation of sentences, but also the limitations of mitigation of punishment. First of all, it deals with the legal conditions under which the sentence can be reduced. The second part of this paper is aimed at finding knowledge about the penal policy of the Cantonal Courts in Sarajevo and Zenica in punishing the perpetrators of murders, and in this regard analyzes the data from final court judgments handed down by these courts. By analyzing the punishment of murderers by the Cantonal Court in Sarajevo and Zenica from the period 2005-to 2014, the author presents useful data related to the total number of sentences imposed on murderers for the observed period, the amount of those sentences, and reduced sentences. While analyzing the punishment of perpetrators of murders, the author realizes that most of the sentences imposed on perpetrators of attempted murder are below the special minimum, and thus presents his point of view on the overall situation. The author observes the overall state of the penal policy of the mentioned courts towards the perpetrators of murders through the prism of legal provisions on the purpose of criminal sanctions and punishments, where he notices certain contradictions. In the final note, the author expresses the need to review the current penal policy towards the perpetrators of murder, as well as legal provisions, while offering certain solutions, all to improve the efficiency of the penal policy of the courts.

  • Issue Year: 15/2022
  • Issue No: 31
  • Page Range: 55-79
  • Page Count: 25
  • Language: Bosnian
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