ПРИМЕНА НОВЧАНЕ КАЗНЕ У КРИВИЧНОМ ПРАВУ РЕПУБЛИКЕ СРБИЈЕ
THE APPLICATION OF MONETARY PENALTY (A FINE) IN CRIMINAL LAW OF THE REPUBLIC OF SERBIA

Summary/Abstract: The new Criminal code of the Republic of Serbia entered into force at the beginning of 2006, as a uniform substantive criminal law act which regulates the entire area of both general and special part of criminal law on new, modern grounds. Thus, after a period of 145 years, Serbia has obtained its crimnal codification. Among the most significant novelties contained in this Code is certainly the development of the system of criminal sanctions,particularly the penal system and rules for determining penalty. In this paper, the author analyses the new penal system in the Republic of Serbia as the most significant type of criminal sanctions which are enforced by the state for the purpose of protecting the society from crime and applied as coercive measures reflecting the social reaction against the perpetrator of the criminal offence. This implies that a criminal sanction, as a coercive measure aimed at protecting the society from crime, is determined and pronounced to the offender by the court in the prescribed proceedings and under conditions provided by the law ; it entails either renouncing or restraining the offender’s freedom and rights, or issuing a warning to the offender that his freedom or rights will be renounced or restricted provided that the offender committed the criminal offence again. Contemporary criminal law recognizes a number of criminal sanctions different in their content, nature and effect. Each criminal sanction isa special measure of social reaction in fighting crime, whereas collectively they all constitute a set of related measures making an integral whole – a system of criminal sanctions. Accordingly, the system of criminal sanctions is an aggregate of all corecive measures envisaged in the criminal legislation of a country and applied against criminal offenders under the conditions and in the manner prescribed by the law. In article 4. the Criminal Code of the Republic of Serbia prescribes different kinds of criminal sanctions:penalties, warning measures, security measures and corrective measures.All modern criminal laws provide various means and measures for suppression and prevention criminality in general and specially a crime against property, which is nowadays prevailing in a structure of modern criminality. Criminal sanctions are pointed out according to their nature,character, performance and significance. Taking into consideration a specific character of crimes against property and their perpetrators, the specific kinds of sanctions, which repressive but extremely preventive influence,are provided : 1) property punishment - a fine and 2) a measure of safety: confiscating an object . In all contemporary at ates, in the structure of criminality, a crime against property is prevailing according to number of committed acts, their perpetrators, consequences, scope and the intensity of social danger, recidivism and other features as well. For suppression criminality of all kinds and the aspects of performance, included a crime against property, various social (primarily state) agencies at all social level eshave applied different measures, means and procedures. All of them could be divided into preventive and repressive ones. Criminal sanctions are special ones according to their significance, nature, contents, characteristics and effect.In this paper the author has analysed characteristics of the money penalty as one of property criminal sanctions in the new criminal law of the Republic of Serbia.

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