Restorative Justice in the Legislation of the Republic of Serbia

Restorative Justice in the Legislation of the Republic of Serbia

Kostić, Miomira
Dimovski, Darko

Abstract: Restorative Justice, Republic of Serbia. Changes in the criminal law in relation to adult and juvenile offenders bring about certain specific elements of restorative justice in domestic, traditionally retributive criminal justice system. The Criminal Code of the Republic of Serbia provides acquittal in the art. 58 The court may acquit the perpetrator of a crime which is punishable by prison sentence of up to five years, if after committing the crime, but before he found out that he was discovered, remove the consequences of the crime or compensate for the damage caused by the crime. In article 283 of the Criminal Procedure Code of the Republic of Serbia has been introduced the principle of opportunity for criminal prosecution of adult offenders. Law on Juvenile Criminal Offenders and Criminal Protection of Juveniles RS provides alternative modes of reaction to juvenile delinquency. This model means distancing of juveniles from the criminal justice system and avoiding stigmatization of minor criminal proceedings, by pronouncing of corrective measures and penalties. Moving away from the classic retributive model are reflected in the imposition of corrective orders. Also, special obligations, as a kind of corrective measures warning and guidance, contain some elements of restorative justice, which embodies in the apology to the injured and compensation for damage caused within its capabilities; and from the standpoint of community volunteer involvement in the work of humanitarian organizations or activities of social, local or environmental. One of the proposals for the reform of domestic criminal law refers to the use of restorative justice in prisons.

Article
PeerReviewed

ISSN 2303-5706

International Burch University

2015

2856