ZABRANA (ISKLJUČENJE) UBLAŽAVANJA KAZNE U ODREĐENIM SLUČAJEVIMA
EXCLUSION OF MITIGATION OF PUNISHMENT IN CERTAIN CASES

Summary/Abstract: In this paper, the author discusses a number of important issues related to the institute of mitigation of punishment. In that context, special attention was paid to demonstration and analysis of the provisions of article 14 of the Law on Amendments to the Criminal Code of the Republic of Serbia, that was adopted in 2009 and which contains the anticipated ban of mitigation of punishment for a number of criminal offences (eight criminal offences). According to the author, by this rule the legislator limits the mitigation of punishment arbitrarily and without clearly defined criteria, and excludes the application of a number of general institutions of criminal law. In addition to that, the same article contains a prohibition of mitigation of punishment in the case of special refund. Critical analysis of legal provisions was supported by corresponding theoretical opinions and judicial decisions. At the end of the work, the author briefly specifies the conclusions which he gained during the analysis of particular aspects of this extremely complex topic.

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