ОДМЕРАВАЊЕ И ИНДИВИДУАЛИЗАЦИЈА КАЗНЕ У КРИВИЧНОМ ЗАКОНОДАВСТВУ И СУДСКОЈ ПРАКСИ РЕПУБЛИКЕ СРБИЈЕ
DETERMINATION AND INDIVIDUALIZATION OF CRIMINAL PUNISHMENT IN SERBIAN LEGISLATION AND JURISPRUDENCE

Summary/Abstract: After a person is convicted of a crime, the appropriate legal punishment is determined at the sentencing phase. When the judge has discretion to determine the punishment, a number of factual mitigating circumstances, such as no history of criminal conduct, or the fact that the offender committed the crime when under great personal stress, may move him to impose a lighter sentence. On the other hand, aggravating circumstances, such as a previous record of the same type of offense, or the way a crime was committed, can compel a judge to determine a harsher punishment. The main focus of this article is relevance of different factors in the sentencing phase of criminal proceedings. The author analyses not only the existing legislation, but also a vast number of court decisions, with the aim of determining the ways in which various elements influence determination and individualization of punishment before Serbian courts.

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