Uslovne kazne – pitanje kaznene politike ili politike procesuiranja
Suspended sentence – a matter of penal policy or prosecution policy

Author(s): Branko Perić
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Evaluation research, Penal Policy
Published by: Fondacija Centar za javno pravo
Keywords: BiH; FBiH; RS; judiciary; law: suspended sentence; penal policy; prosecution policy;
Summary/Abstract: The author deals with the analysis of the number of suspended sentences (over 70%) in the structure of the imposed criminal sanctions in the judicial system of BiH. High statistics of suspended sentencing does not come from mild penal policy but is indicative of a problem inherited in the traditional model of prosecuting daily crime that generates good statistics and poor results, while neglecting more serious and larger criminal operations. The author advocates for a change in modus opperandi of the prosecution, shifting its focus from daily crime, but not neglecting it, towards a planned approach to large crime with higher social harm. Such shift would entail the adoption of carefully crafted yearly plans whose implementation would be a parameter for measuring the work of Public Prosecutors offices.

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