NEKE FENOMENOLOŠKE KARAKTERISTIKE KRIVIČNIH DJELA UBISTVA I SANKCIONIRANJE NJIHOVIH UČINITELJA
SOME PHENOMENOLOGICAL CHARACTERISTICS OF THE CRIME OF HOMICIDE AND SANCTIONING OF ITS PERPETRATORS

Summary/Abstract: The subject of this paper are some of the characteristics of the basic and qualified forms of the homicide (N = 109), adjudicated by the Cantonal Court in Tuzla in period 2009-2019. It is the only court with jurisdiction to prosecute such crimes in the Tuzla Canton (Bosnia and Herzegovina) at the first instance. Also sanctions imposed on the perpetrators of these crimes (N = 122) and some features of the criminal proceedings were analyzed. In this regard, it has been established that a large number of homicides in the Tuzla Canton were carried out by using cold weapons, in urban areas and in public areas (street, square, park, etc.). When it comes to the temporal determinants of these crimes, a significant proportion of them are committed in the night or after midnight hours, usually on Mondays and Saturdays and during July. Slightly more than two-thirds of the criminal proceedings for homicide ended with the plea of guilty and plea agreement as simplified forms of criminal procedure, and only 32% of cases were completed in the ordinary criminal procedure. At the end, to 65% perpetrators of the homicide, imprisonment was imposed below a special minimum (<5 years), ie the mitigation of punishment was applied, and it can be stated that the Cantonal Court applies a relatively mild policy of sanctioning in these cases. More than half of the perpetrators (59.8%) were sentenced to imprisonment with some of the security measures, mostly confiscation of things acquired by crime.

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