Zamjena kazne zatvora novčanom kaznom
Substitution of Sentences of Imprisonment With Fines

Author(s): Miloš Babić
Subject(s): Criminal Law, Penal Policy
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Imprisonment sentence;Fines;Punishment;Criminal Code;
Summary/Abstract: In his paper, the author discusses the criminal institution of substitution of sentences of imprisonment with fines, which was, in a somewhat different manner, first introduced to our criminal legislation by the 2000 RS Criminal Code. By relevant 2010 amendments to the criminal legislation, this institution was then accepted also by other criminal laws in BiH, which expanded the possibility to have this substitute so as to include all imposed sentences of up to one year of imprisonment. The paper particularly points out that there exist rather different approaches and readings of the provisions regulating this substitute, which has led to its different application and uneven positions of the sentenced perpetrators of criminal offenses who have received identical sentences of imprisonment. The extent of this different treatment in the application of this institution is best illustrated by the fact that it has been a subject of discussion at the BiH Constitutional Court, whose positions differ significantly from those of other courts (including the position taken by the FBiH Supreme Court) concerning the practical application of the institute. Finally, the author warns of serious criminal consequences that may be caused by the position allowing judgments imposing a sentence of imprisonment to be altered and a new judgment to be delivered instead, imposing but a fine. A question arises here as to which of the punishments is relevant with regard to the statute of limitations, what is the moment the period of statute of limitations starts to run, and also the question which of the punishments is entered into criminal record, which again entails the issue of legal consequences of conviction, and ultimately the issue of the execution of the sentence of imprisonment in case of failure to pay the newly-imposed fine.

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