Potreba donošenja Zakona o rehabilitaciji političkih osuđenika i kažnjenika
The need to pass a Law on Rehabilitation of Politically Convicted and Punished Persons

Summary/Abstract: The issue of rehabilitation of politically convicted persons is certainly of significant importance for the Serbian legal history. The fact that the persons were convicted praeter lege or based on improper or uncivilized legislation must be at the first place determined and then corrected. Most of the countries in our surrounding surmounted this historical shame. Our legal system must overcome this inevitability. According to our opinion, the process must be conducted in two synchronized directions. The basic rehabilitation must be determined by law and should refer to all cases of convicted persons praeter lege. Rehabilitation would be declarative and would cover an indefinite number of persons. The other form of political rehabilitation would entail the individual procedures and a special procedure prescribed by law for this purpose. After the passing of a law, persons who believe that were tried for political reasons may file a complaint to the court in determined time limit. A procedure would be specific and would refer to limited number of criminal offences. Although, the most disputable issue in regard to political rehabilitation would be the exercise of right to damages and restitution of property, which is confiscated in most number of cases. There is no proper rehabilitation without the achievement of moral satisfaction but also right to damages. The current economical environment definitely does not favour to these solutions. It is certain that the Law on rehabilitation of politically convicted persons must be adopted as soon as possible. The solutions proposed in this article represent a modest contribution in overcoming this situation.

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