PROHIBITION OF TORTURE, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF SERBIA Cover Image

ЗАБРАНА МУЧЕЊА, НЕЧОВЕЧНОГ ИЛИ ПОНИЖАВАЈУЋЕГ ПОСТУПАЊА ИЛИ КАЖЊАВАЊА У КРИВИЧНОМ ЗАКОНОДАВСТВУ РЕПУБЛИКЕ СРБИЈЕ
PROHIBITION OF TORTURE, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF SERBIA

Author(s): Ivan Ilić, Dimitrije Andrejić
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Human Rights and Humanitarian Law, Administrative Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: Prohibition of torture; inhuman and degrading treatment; criminal legislation; EctHR;

Summary/Abstract: The subject of this work is a detailed analysis of the existing legal standards regarding the prohibition of torture, inhuman or degrading treatment or punishment at the national, regional and international level, as well as an analysis of the implementation of established standards in the legal system of the Republic of Serbia. Through a comprehensive analysis of the established standards and normative framework of the Republic of Serbia, in the context of the absolute prohibition of torture, inhuman or degrading treatment or punishment, the authors will point out the necessity of changing the current legal and by-laws. At the same time, there is a noticeable lack of will of the state authorities to further improve the protection of human rights, which we can see from the fact that the existing shortcomings and defects contained in the provisions of the current Criminal Code and the Code of Criminal Procedure have not been removed, in support of which the reports of the Committee against Torture, in which explains in detail the current problem of impunity for civil servants for acts of abuse.

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