Open AccessCRITICAL REVIEW OF THE SECURITY MEASURE OF THE RESTRAINT TO APPROACH AND COMMUNICATE WITH THE INJURED PARTY UNDER ARTICLE 89a OF THE CRIMINAL CODE OF SERBIA
Author(s) -
Emir Ćorović,
Aladin Šemović
Publication year - 2017
Publication title -
facta univrsitatis. series: law and politics/facta universitatis. series: law and politics
Language(s) - English
Resource type - Journals
eISSN - 2406-1786
pISSN - 1450-5517
DOI - 10.22190/fulp1701001c
Subject(s) - legislature , legislation , measure (data warehouse) , sentence , criminal law , law , order (exchange) , criminal code , political science , criminal procedure , penal code , code (set theory) , computer security , business , computer science , data mining , set (abstract data type) , finance , artificial intelligence , programming language
In this paper, the authors analyze the security measure involving the restraint to approach and communicate with the injured party under Article 89a of the Criminal Code of Serbia, which was introduced by legislative changes and amendments in 2009. Although this criminal sanction has been part of the domestic criminal legislation for seven years, there are serious legislative deficiencies associated with its regulation. Namely, the positive criminal law of the Republic of Serbia does not regulate the consequences of the act if the convicted offender violates this restraint, nor does it envisage the rules for the execution of this security measure. This can cause serious problems in imposing and applying the relevant criminal sanction. The corresponding data show that courts use this measure to a much lesser extent every year. Thus, the authors give suggestions de lege ferenda to remove the existing restraining order from the system of security measures and to envisage it as one of the obligations under a suspended sentence with supervision.