Excerpts from Reviews
Excerpts from Reviews

Author(s): Miloš Babić, Hajrija Sijerčić-Čolić
Subject(s): Book-Review
Published by: Atlantska inicijativa: Udruženje za promicanje euroatlantskih integracija BiH
Keywords: reviews; excerpts;
Summary/Abstract: The Panel participants share the view that it is unacceptable that the same circumstances are mentioned as mitigating in all criminal offences, regardless of their nature or character of the protected good, although those circumstances are not functionally associated with the perpetrated criminal offence (e.g. financial status or family circumstances in case of rape crimes). Template explanations, without judicial creativity or daring based on the law, are present in a large number of judgements that were examined by this Panel. Therefore, Panel participants believe that it is necessary to change the court practice in this field, in order to pay much more attention to the explanation of the sentence, so that any reader, not only the victim, has a clear idea about circumstances that made the court decide on the concrete sanction. In that sense, it is emphasized that it is necessary to specify contents of each aggravating and mitigating factor when valuing them (instead of just listing them, e.g. family circumstances, without a specific analysis of this factor and evaluation of its importance and correlation with the offence and sentencing. In view of the above, I think that this Handbook will be significant resource for court practice in Bosnia and Herzegovina which, when used in court proceedings involving the criminal offence of rape, can provide insight not only in case law of other courts, but also in all potential psychosocial consequences of rape for the victim and her future life. Such a comprehensive approach to this issue will result in a more acceptable evaluation of all circumstances relevant for reviewing of severity of the rape crime and the degree of perpetrator’s criminal liability, which will eventually result in a more adequate sentencing policy of courts for the criminal offence of rape.

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