Panel Recommendations: Mitigating and Aggravating Factors Related to The Criminal Offence of Rape
Panel Recommendations: Mitigating and Aggravating Factors Related to The Criminal Offence of Rape

Author(s): Adisa Zahiragić, Alen Lukač, Amela Skrobo-Kadrić, Biljana Radulovic, Duško Miloica, Jasmina Ćosić-Dedović, Lejla Konjić Dragović, Melika Murtezić, Nada Živković, Miroslav Popović, Silva Belegić-Perčinlić, Svetozar Bajić
Subject(s): Gender Studies, Criminal Law, Human Rights and Humanitarian Law, Criminology, Victimology, Court case
Published by: Atlantska inicijativa: Udruženje za promicanje euroatlantskih integracija BiH
Keywords: criminal offense; criminal law; court; circumstances; rape; panel recommendations;
Summary/Abstract: Unlike the sentencing policy of the legislature for certain criminal offences, which is mostly known only to legal professionals, the sentencing policies of courts are known to the general public and serve as the basis for their impressions about how effectively the public good is being protected. Therefore, it is extremely important for judges to recognize not only special prevention requirements but also general prevention requirements at the sentencing stage in crimes of sexual violence, so that the imposed sanctions affect not only the perpetrators and act as a deterrent from future criminal acts but send a message to all other potential perpetrators of sexual offences, too. Such an approach to the purpose of sentencing requires maximum engagement by courts in the sentencing process, in order to determine optimal sanctions based on existing aggravating and mitigating factors. Any imposed sanction should fulfil both justice and fairness requirements and should adequately satisfy the victim.

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