KRIVIČNO DJELO NASILJA U PORODICI U PRAKSI OPĆINSKIH SUDOVA TUZLANSKOG KANTONA
THE CRIMINAL OFFENSE OF VIOLENCE IN FAMILY IN PRACTICE OF MUNICIPAL COURTS OF TUZLA CANTON

Summary/Abstract: The Violence is an extremely complex and specific form of crime and a serious problem in many contemporary societies. Although the family is a sphere of security, love and support, it is the conduct of violence in contradiction with its key function. The article deals with the conceptual definition of violence, with an emphasis on normative regulation in domestic criminal legislation in the Federation of Bosnia and Herzegovina, along with the analysis of the judicial sanctioning of perpetrators of domestic violence in the practice of the municipal courts of the Tuzla Canton. The investigation has shown that in a much larger number of cases, the courts pronounce conditional convictions to those who committed violence rather than prison sentences, that the imprisonment sentences for suspended sentences are pronounced in the shortest duration, while the time of checking is determined in the lowest period. All this shows that the existing judicial punishment policy for this type of criminal offense is not adequate and the same is not achieved either special or general prevention. The analysis showed that violence against women is the most frequent of all forms of violence, while the most common physical violence is the type of violence. In order to prosecute criminal sanctions in cases of domestic violence and more adequate protection of victims of violence, it is necessary to pay greater attention to the purpose of punishment and to meeting the conditions of special and general prevention.

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