СЛАБОСТ КРИВИЧНЕ ПРЕСУДЕ У СРБИЈИ КРАЈЕМ XIX И ПОЧЕТКОМ XX ВЕКА
WEAKNESSES OF THE CRIMINAL SENTENCING IN SERBIA AT THE END OF THE 19TH AND AT THE BEGINNING OF THE 20TH CENTURY
Author(s): Marko PavlovićSubject(s): History of Law, Criminal Law, 19th Century, Pre-WW I & WW I (1900 -1919)
Published by: Правни факултет Универзитета у Београду
Keywords: Extenuating circumstances; „A time in prison – good season“; Paroles; Pardons; Fear of revenge;
Summary/Abstract: This paper comprises the comprehensive analysis of the weaknesses of the criminal sentencing in Serbia at the end of the 19th and at the beginning of the 20th century. It can be argued that the criminal sentencing was internaly weak due to the uncritical use of extenuating circumstances. The use of confession and good behavior was inappropriate and sometimes illogical. The firm evidence would sometimes show that the accused was innocent, but the court would nevertheless accept his confession. On other occasions, the judges would quote good behavior of the accused into the sentence, even though he was held on a charge of repeated violation of the law. Furthermore, the very execution of the sentences weakened them as convicts had spent idle days in the prison. For many convicts, the conditions of life were better in prison then outside.
Journal: Анали Правног факултета у Београду
- Issue Year: 55/2007
- Issue No: 2
- Page Range: 86-97
- Page Count: 12
- Language: Serbian