USLOVNI OTPUST U REPUBLICI SRBIJI I EVROPSKI STANDARDI

Jovašević Dragan (Редовни професор Правног факултета Универзитета у Нишу),

Fundamental purpose of the application of criminal sanctions in general, and particularly of the execution of punishments, is to deter perpetrators from re – committing criminal offences, but also to deter other citizens from violating legal provisions and committing criminal offences. Court imposes a criminal sanction of a particular type and measure on each individual perpetrator in each individual case on the bases of current legislative solutions. All contemporary criminal legislations based upon relevant international (primarily European) standards prescribe that the institute of conditional release can be applied if the purpose of prison sentence is fulfilled during its execution in a penitentiary institution, before the official lapse of the entire period of its duration. The application of this institution allows the convicts to be released before serving the entire prison sentence, provided that they managed to improve and correct their behavior to the level that allows the authorities to expect that they will not re – commit criminal offences. In this paper, the institute of conditional release in criminal law of the Republic of Serbia is analyzed in the light of current standards of the Council of Europe.

Keywords: Penalty, court, conditional release, condition, european standards