The community sentence in the context of European standards and Serbian criminal legislation

The goal of the research is to determine how the community service sentence has been shaped nomotechnically; what has been the scope of its application, as well as what is the relationship between its normative and implementation levels. Comparative, normative and legal-dogmatic method will be used...

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Main Authors: Đorđević Đorđe M., Bodrožić Ivana P.
Format: Article
Language:English
Published: Institute of Comparative Law, Belgrade 2023-01-01
Series:Strani pravni život
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2023/0039-21382304585Q.pdf
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author Đorđević Đorđe M.
Bodrožić Ivana P.
author_facet Đorđević Đorđe M.
Bodrožić Ivana P.
author_sort Đorđević Đorđe M.
collection DOAJ
description The goal of the research is to determine how the community service sentence has been shaped nomotechnically; what has been the scope of its application, as well as what is the relationship between its normative and implementation levels. Comparative, normative and legal-dogmatic method will be used in order to draw conclusions about the main possibilities and limitation of criminal law repression in the contemporary discourse. This is followed by statistical data, which serve as a basis for an analysis and comparison between the expected and achieved effects of the analysed norms. In the concluding considerations, the authors state that the punishment of community service has been and remains a pillar of attitudes regarding the need to promote more active participation of the broader social community in the criminal justice system. Although its ratio legis is embodied in avoiding harmful aspects of the sanction of deprivation of liberty by increasing the potential for processes of reintegrating the convicted person into the society, and reducing both stigmatization on the one hand, and the costs of the penal system on the other, the authors conclude that there is a profound gap between the expected positive implications of the punishment and its actual effects in practice.
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spelling doaj.art-32efe61f7334435f930c812a9425ed392024-04-04T08:37:02ZengInstitute of Comparative Law, BelgradeStrani pravni život0039-21382620-11272023-01-0167458560210.56461/SPZ_23401KJ0039-21382304585QThe community sentence in the context of European standards and Serbian criminal legislationĐorđević Đorđe M.0https://orcid.org/0000-0001-5204-7597Bodrožić Ivana P.1https://orcid.org/0000-0001-5010-7832University of Criminal Investigation and Police Studies, Belgrade, SerbiaUniversity of Criminal Investigation and Police Studies, Belgrade, SerbiaThe goal of the research is to determine how the community service sentence has been shaped nomotechnically; what has been the scope of its application, as well as what is the relationship between its normative and implementation levels. Comparative, normative and legal-dogmatic method will be used in order to draw conclusions about the main possibilities and limitation of criminal law repression in the contemporary discourse. This is followed by statistical data, which serve as a basis for an analysis and comparison between the expected and achieved effects of the analysed norms. In the concluding considerations, the authors state that the punishment of community service has been and remains a pillar of attitudes regarding the need to promote more active participation of the broader social community in the criminal justice system. Although its ratio legis is embodied in avoiding harmful aspects of the sanction of deprivation of liberty by increasing the potential for processes of reintegrating the convicted person into the society, and reducing both stigmatization on the one hand, and the costs of the penal system on the other, the authors conclude that there is a profound gap between the expected positive implications of the punishment and its actual effects in practice.https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2023/0039-21382304585Q.pdfcommunity sentencenational criminal legislationpenal policyharmonizationpossibilitieslimitations
spellingShingle Đorđević Đorđe M.
Bodrožić Ivana P.
The community sentence in the context of European standards and Serbian criminal legislation
Strani pravni život
community sentence
national criminal legislation
penal policy
harmonization
possibilities
limitations
title The community sentence in the context of European standards and Serbian criminal legislation
title_full The community sentence in the context of European standards and Serbian criminal legislation
title_fullStr The community sentence in the context of European standards and Serbian criminal legislation
title_full_unstemmed The community sentence in the context of European standards and Serbian criminal legislation
title_short The community sentence in the context of European standards and Serbian criminal legislation
title_sort community sentence in the context of european standards and serbian criminal legislation
topic community sentence
national criminal legislation
penal policy
harmonization
possibilities
limitations
url https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2023/0039-21382304585Q.pdf
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