Празнине у примени новчане казне код имовинских кривичних дела у законодавству и пракси Републике Србије
Gaps in the Application of Fines for Property Offenses in the Legislation and Practice of the Republic of Serbia

Author(s): Gordana Nikolić
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: A fine; Property crimes; Criminal code; Legislation; Court practice;
Summary/Abstract: The Republic of Serbia's criminal legislation provides for a system of punishments that includes not only imprisonment, work in the public interest, and revocation of a driver's license, but also a daily or fixed fine. A fine is one of the oldest criminal sanctions and was created in connection with the system of composition according to which the perpetrator paid a certain amount of money to the victim or his family as compensation for the crime committed. Once the penalty of deprivation of liberty emerged, it briefly faced suppression before regaining its wider application, primarily as a replacement for short-term sentences of deprivation of liberty. Today, it is becoming somewhat abandoned, it seems to us that it has not achieved its full application, and that for some criminal acts, it should be introduced cumulatively with a prison sentence. In the paper, the author reviews some general provisions of the fine, analyzing its practical application according to property crimes where the Code does not prescribe it. However, because these crimes involve acts of self-interest, the legislator has the authority to impose the fine as a secondary punishment, in accordance with general principles of criminal law. The fact that fines for property crimes are not always fully applied suggests that they should be added to the legal punishments for crimes, either in addition to or instead of imprisonment, and that they should be used with more care and attention.

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