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The use of firearms is the most severe means of coercion that may be employed against a convict. The legal acts regulating the execution of criminal sanctions also foresee the use of firearms as means of coercion. The authors’ attention is the use of firearms against a convict in the case of escape from a penitentiary. The authors highlight, first and foremost, who and under what conditions may employ a firearm against a convict. The relevant legal acts are analyzed and adequate and deficient solutions concerning the use of firearms are identified. The authors suggest de lege ferenda solutions. [ABSTRACT FROM AUTHOR]

One of the modes of „release ahead of time“ from a penitentiary institution, or from a place of residence in which a convict may be serving his sentence, is early release. Early release can not be approved for every convict. There are exceptions to the rule that convicts are eligible for early release based on good behaviour. Early release may be granted by the director of the Administration for Execution of Prison Sentences or by a judge for enforcement of criminal sanctions. The author’s attention in this paper is precisely the early release of convicts – those serving their sentence in penitentiary institutions as well as those serving them in their place of residence. [ABSTRACT FROM AUTHOR]

In the first part of this scientific work the author discusses evil as an anthropological phenomenon. For the purposes of the work he differentiates instrumental and ideological evil. However, actors exist who do not fit into these typical forms. The author stresses that the twentieth century has given rise to a special kind of evil, which may be referred to as banal evil. The author conducts the analysis of this type of evil by analyzing the personality and work of Adolf Eichmann, as its typical literary representative. Examining critically the court process and reasons for his sentence, as well as the opinions of those present at the trial against Eichmann, the author, in the central part of the work, attempts to define the subject phenomenon. In the final part of the work the author examines the question of Eichmann’s culpability for the committed crimes. He controverts the opinions of certain authors that Eichmann, but also other typical representatives of banal evil, could not have been conscious that they are doing something forbidden, and explains in detail why the position should be accepted that they have acted with premeditation. [ABSTRACT FROM AUTHOR]

The role that convicted persons serve their sentences exclusively person has not been valid in the Republic of Serbia for a long time. Prison sentences may alto be executed the premises where the convicted person rest-des Such a solution is introduced by the 2009 Law on Amendments and Supple to the Criminal Code The Criminal Code does not prescribe the punishment of a prison sentence served in the premises where the committed person resides as a special punishment Install, the offender is sentenced to imprisonment, which is then created in the premises where he lives In criminal proceedings, the court is obliged to win hall the criminal sanction in a way that takes into account object and subjective circumstances the circumstances relating to the committed crime and is perpetrator. There are such perpetrators who it is necessary to sentence to prison but who thon not be sent to a penal institution The prison sentence may also be served in premises where they reside with or without electronic surveillance though, in a legally-binding sentence, the accused is sentenced to imprisonment in a penal position this does not necessarily mean that he will be placed into a penal institution to serve his sentence The amendments and supplement of the Criminal Code eave an opportunity far the convict to serve his sentence to the premises where he resides f the prescribed conditions are met This in on a possibility which may be decided on by the judge in charge of exe- curing contact u is decided that the convicted person shall see his sentence in the premises here he resides the next step is the execution of the sentence Not all come mom whore were their sentence in this was' are in the same legal position as there is individualization in the process of executing a sentence as well. This difference is apparent, above all, in the amount of time that a convict Is allowed to spend outside of the premises in which he resides. The focus of the authors' attention is precisely the punishment of imprisonment served in the premises where the convict resideds (the so-called house arrest). The authors deal with material aspects and aspects of execution of the sentence This paper focuses, among other matters, on the conditions for sentencing, models of execution of the sentence and the legal position of the convicted person while serving his sentence. [ABSTRACT FROM AUTHOR]

Misdemeanours, as a type of criminal offenses, in the Republic of Serbia are the most frequently performed acts. The largest number of persons who are punished for the committed misdemeanour are fined, while prison sentences are rare. However, not so small number of misdemeanor sentenced persons are in the so-called fine default imprisonment. As the most commonly-occurring and less socially dangerous acts, the procedure for establishing the truth in the misdemeanor procedure is simplified. Misdemeanor sanctions are imposed by a misdemeanor court, but there is a possibility that the Republic Commission for the Protection of Rights in Public Procurement Procedures will impose a fine. In addition, the authorized body or an authorized person may issue a misdemeanor warrant. The object of attention is the procedure in which the truth is determined by the misdemeanor court, and the aim is to point out the deficiencies which are prescribed in the current Law on Misdemeanors that make it difficult or impossible to establish the truth. In addition, the authors also point out certain deficiencies in the issuance of a misdemeanor warrant, where the determination of the truth is neglected, and the main aim is to punish the perpetrator and charge a fine in the fixed amount as soon as possible. [ABSTRACT FROM AUTHOR]

In criminal proceedings, the justification of the prosecutor's criminal demand for punishing the accused is decided upon. The basic postulates of justice dictate that the human rights of the perpetrator of a criminal act can be restricted based on a conviction, which is the result of the conducted criminal procedure. The theory of criminal law, especially legislation, should find ways to bring justice from legal-philosophical heights into the reality of a conflicted society. Along with the standard methods of social reaction which, in the first place, is mandatory initiation of criminal proceedings whenever legal conditions are met, positive law also prescribes possibilities of consensual decision-making. The materialization of the concept of consensual justice is achieved in the pre-trial procedure as well as in the formal criminal procedure. By conditional postponement of criminal prosecution, the criminal matter finds its epilogue in the pre-trial procedure. Thus, no judicial decision is being made on the merits of the criminal demand, and the public prosecutor becomes some kind of adjudicator of the criminal matter. The concept of consensual justice is brought to life within criminal proceedings by party agreements - one of the forms of consensual decision-making. Different forms of this procedure contribute to the efficiency of the criminal procedure as well as the realization of criminal policy aims. Deciding on the guilt of the accused is simplified, and, on the other hand, the accused and the convicted, as collaborators of the court, facilitate the understanding of decisive facts about the criminal event with their statements. [ABSTRACT FROM AUTHOR]

In this article the author deals with an issue of relationship between the affect and criminal responsibility. In order to provide a multi- angle approach to analysis of this issue the author resorted to multidisciplinary - criminal law and psychiatric- psychological approach. Although the topic covered by this article is significant and complex, it appears to be of virtually no interest in the literature. For that reason the author's endeavor to research this topic should not go unmentioned. In the first part of the article the author tried to provide answers to some preliminary questions without which it would be impossible to understand the relationship between the affect and criminal responsibility. Those are the following questions: what are affects, what is their nature and intensity, how long they last and how they influence psychological functions of a person acting in affect? Central part of the article is dedicated to examining the importance of the affect as a phenomenon in criminal law dogma and in judicial rulings, as well as its effect on criminal responsibility. The author finds that acting in affect may be considered as a mitigating circumstance in the sentencing, but can also be a basis for mitigation of the sentence or even suspension of the sentence, as part of some general criminal law norms. Also, for certain offenses it may be considered as a favorable condition that renders that offence to be less grave. Finally, the affect may be considered as a psychological basis diminished, or even lack of, mental capacity. The last above mentioned issue receives special attention of the author, and claims that only the affect that is ‘of extreme proportions' may lead to mental incapacity. Such affect is the one that ‘demolishes restrains and removes reasonable and target- oriented actions'. In further analysis the author proposes criteria and methodology for assessment of person's sanity in criminal law and criminal procedure. Further, the author claims that acting in affect is rarely sudden and unexpected but rather it is a consequence of permanent conflict situation. The author puts forward his arguments for such claims. At the end, the author deals with the issue of ‘quilt for one’s own actions taken in affect', within the limits of criminal responsibility. He rejects opinions of authors that support the possibility of establishing a special type of guilt for ‘explosion of affect' that lead to an offense committed in the state of insanity, provided that such explosion could have, supposedly, been foreseen and prevented. At the end, the author concludes that psychiatric assessment of defendant that committed offences in affect is one of the most difficult and riskiest tasks put before the courtpsychiatrist. [ABSTRACT FROM AUTHOR]

The rights and obligations of convicts while serving prison sentences in „penitentiary” are regulated by strict rules. Every failure to comply with the law and bylaws is grounds for disciplinary responsibility of the convict, which also means that in the end disciplinary measures will be ordered. For a disciplinary measure to be ordered against the convict, it is necessary to ascertain the truth - that the convict has broken the rules of behavior while serving his prison sentence. To ascertain the truth in a disciplinary procedure in a penitentiary, based on current regulation, is an extremely difficult task for the disciplinary commission, the prison warden or the operating judge. In this work the authors point out the difficulties of ascertaining the truth in disciplinary procedures against convicts in a „penitentiary” because of the existence of „doubt” whether he has committed a serious or mild disciplinary offence. [ABSTRACT FROM AUTHOR]

In this paper the author deals with the eternal issue of truth - in general and in criminal law. In the first part of the paper the author speaks about the significance of truth as such, but also about its role and place in contemporary society. He continues elaborating the idea of truth as it was in ancient Greek philosophy and poetic tradition given that Ancient Greece represents the cradle of the idea of truth. This part of the paper ends with an analysis of the Aristotle’s understanding of truth which is, according to the author, the beginning of the new era of modern understanding of the truth phenomenon. In the following part of his paper the author analyses the opinions of the 20th century outstanding philosophers who occupied themselves with so called factual truth - which, in his opinion, includes the truth reached in criminal law. This type of truth is analysed further. The author concludes that the maximum to be reached in the criminal procedure is conviction i.e. belief that we are in the possession of truth. When reaching „objective“ truth is concerned as undoubtless certainty that a criminal offence has been commited, as well as all details referring to its commission, the author believes that this is the “eternal” but never accomplished ideal. Finally, the author proposes the modality of truth, which is most likely to be accomplished within criminal law and procedure. [ABSTRACT FROM AUTHOR]

In this article the author deals with an issue of forced detention of persons with mental disorders in the Serbian criminal law. The author provides analysis of this issue as well as of the relationship between criminal law, misdemeanor law and the Law on Protection of Persons with Mental Disorders, and points out that provisions of this Law can only conditionally, and with reservation, be considered as part of the criminal law. In the first part of the article the author discuses the subject matter of his research and lists and explains the aims he wishes to attain by this article. In the second, third, and fourth part of the article the author examines individual forms of forced detention in the Serbian law, which covers detention prescribed by criminal law, misdemeanor law, as well as detention regulated by provisions of the Law on Protection of Persons with Mental Disorders. In the last part of the article the author provides a detail summary of the issues he covered in the article, followed by his evaluation and judgment on the scope and correlation between legal norms that regulate this subject matter in different areas of the law, and finally gives certain proposals that would put persons with mental disorders in a more favorable legal position. [ABSTRACT FROM AUTHOR]

Bioethics, as a meeting point, engrossed with its fight against the disappearance of the man, both general and criminal-law theory. Actually, its ‘care’ for the man is an issue that comes before general and criminal-law theory. While the forms of disappearance of the man are very diverse and very often so refined that they cannon sometimes be recognized, the fight against the disappearance of the man must be open, clear and uncompromising. What is the role of law in this fight? The role imposed itself. Even if the law did not want to take part in the fight, it found itself in the middle of the battlefield because human life is protected from beginning to the end by legal norms that should emerge from the best writings of general and criminal-law theory. However, self-sufficiency of law and mere legal positivism are a true obstacle in this battle. This pressure and the lack of questionings are the first step on the road to disappearance of the man, because a man that asks questions is the man that exists. He and his boldness are a barrier to voluntarism. The lack of boldness of the man opens the gates to his disappearance. This boldness has not been taken away from him in the field of bioethics, which is neither secular nor religious, but rather unique as the man is unique. [ABSTRACT FROM AUTHOR]