The assessing a penalty in criminal law of Republic of Serbia
The assessing a penalty in criminal law of Republic of Serbia

Summary/Abstract: For the purpose of providing an efficient and adequate protection of the most important social values and benefits, criminal law provides for several kinds of criminal sanctions. These include legislative measures of social reaction to perpetrators of criminal offences, imposed by courts in conformity with the legally conducted procedure. In terms of their significance, character and nature, as well as content, particularly distinguished among criminal sanctions are the penalties. These are basic criminal sanctions that are provided for in the particular part of the criminal laws, and applied to handle most criminal offences – independently, cumulatively or alternatively with other criminal sanctions. In order for the penalties to be apt to reach their purpose – and this is to prevent a perpetrator of criminal offence to commit again the offence, and to make possible his/her reeducation, as well as to realise other requirements in the sphere of general prevention, it is necessary in every concrete case to pronounce upon a liable perpetrator of a criminal offence that kind and degree of penalty which corresponds to social danger of the committed offence, as well as to the personality of its perpetrator. To reach that goal, criminal law provides for an institute known as the assessment (meting out) of penalty. The basic, i.e. regular way to mete out a penalty, that is obligatorily applied by the court in every concrete case, is to consider the attenuating and the aggravating circumstances. These circumstances are provided for in criminal law in Republic of Serbia in the provision of Article 54. of the Criminal code of 2005 with more novels to 2016.

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