MITIGATING PUNISHMENT IN YUGOSLAV CRIMINAL LAW Cover Image

УБЛАЖАВАЊЕ КАЗНЕ У ЈУГОСЛОВЕНСКОМ КРИВИЧНОМ ПРАВУ
MITIGATING PUNISHMENT IN YUGOSLAV CRIMINAL LAW

Author(s): Saša Đurić
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Правни факултет Универзитета у Нишу

Summary/Abstract: Criminal law institute of mitigation of penally has an independani place and specific reatura. It is in general part of the Criminal Code of Yugoslavia and is a special form of penalty individualizaion and special rule on meting out penalty. Mitiigation of penalty is a creation of court practice, while criminal law science researches it and gives it a feature of the criminal law institute. Mode, basis, conditions, procedure and limits of mitigation of penalty are forseen bylaw. The substance of it is seen either in passing the same prescribed type of penalty under the particular minimum up to general minimum of the type (mitigation by measure) or in change of the prescribed type of penalty by milder one against the delinquent (mitigation by type). In case prescribed by law unlimited mitigation of penalty up to release of penalty may be done as well. The ame of the institute is to modify penalty to character of a delinquent the best it can be done. By mitigation of penalty its preventive feature is stressed, and it means that the aim of penalty is not only to make change in the out world but in character of a delinquent as well, and it is to be done by resocialization. By such a penalty society friendliness is to be expressed, trust in delinquent as a man, aiming to wake up his consciouness, moral, responsibility and the other good characteristics that every man possesses.

  • Issue Year: XXXII/1993
  • Issue No: 32-33
  • Page Range: 163-172
  • Page Count: 10
  • Language: Serbian