УСЛОВНА ОСУДА У ЕВРОПСКОМ КРИВИЧНОМ ПРАВУ

Jovašević Dragan (Правни факултет Универзитета у Нишу), jovas@prafak.ni.ac.rs

In Contemporary Criminal Law, a prison sentence is the basic and the most important type of criminal sanctions to be imposed on criminal act perpetrators in order to prevent and combat crime. But, next to an unconditional prison sentence, all criminal legislation also recognise different modalities of its imposition or execution. These are different forms of substitute or alternative in cases where an unconditional detention is unnecessary. Thus, we can distinguish a full or partial suspension of the prison sentence or some other kind of punishment. In the first case, it is about the suspended sentence. The second partial suspension form is called a conditional release. The conditional release is a partial suspension of prison sentence under certain conditions and for a defined period, but only after the convicted person has already served a sentence partially. For granting a conditional release it is also necessary to fulfill cumulatively prescribed conditions through which it assesses whether and to what degree is earned the special prevention of the convicted person in the sense of re-education and re-socialization. A prerequisite for the implementation of these measures is the fulfillment of the formal requirements - in terms of the type and prison sentence duration or material conditions assessment of the court that the application of penalties in case of concrete is not necessary because the goals (purpose) of punishment can be achieved without effective enforcement of prison sentences in whole or part. This paper is about the concept, characteristics, conditions and methods of the implementation of these forms of prison sentence suspension in the modern European criminal law.

Ključne reči: European standards, criminal offence, penalty, suspended sentence, court, European law