Legislative Expressionism or Experimentalism (from the Reform of Criminal Jurisdiction in 2003 until Now) Cover Image

Законодавни екпресионизам или експериментализам (од реформе кривичног законодавства 2003. године до данас)
Legislative Expressionism or Experimentalism (from the Reform of Criminal Jurisdiction in 2003 until Now)

Author(s): Igor Petković
Subject(s): History of Law, Criminal Law, Governance, Politics and law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Criminal law; Modifications; Additions; Legal certainty;

Summary/Abstract: This paper discusses significant amendments to the Criminal Code of Republic of Srpska introduced in the period from its adoption in 2003 until August 2013. What guided the legislator and to what extent did its activity in the past decade lay ground for achievement of the purposes of criminal law? The original legal text underwent six amendments. Few of the changes were technical or cosmetic in nature; on the contrary, majority of amendments concerned some of the most important institutes of criminal law. Some of the most significant changes were brought into legal text through amendments, only to be removed from it later on (It should be noted that we are not discussing acts of limited duration here), so it is no exaggeration to keep the word "experimentalism" in the working title of this paper. There is no doubt that certain amendments improved earlier legal solutions. Factor that does not favor legal certainty, however, is the fact that, despite the number, scope and character of these amendments, the legislator did not adopt their edited text.

  • Issue Year: 4/2013
  • Issue No: 1
  • Page Range: 40-60
  • Page Count: 21
  • Language: Serbian