Radno i socijalno pravo

Проф. др Драган Јовашевић, Проф. др Борисалв Петровић, Примена казне рада у јавном интересу као..., Радно и социјално право, стр. 17-40, ХТУ (1/2010)

Prof. Dragan Jovasevic, LL.D. Full Professor Faculty of Law, University of Nis

Prof. Borislav Petrovié, LL.D. Full Professor Faculty of Law, University of Sarajevo

THE APPLICATION OF THE COMMUNITY SERVICE AS A TYPE OF ALTERNATIVE CRIMINAL SANCTIONS

Summary

On the basis of the accepted international standards in the system of criminal law sanctions, all contemporary criminal law systems envisage a number of criminal law sanctions. In addition to the punishment of imprisonment (as the most significant criminal sanction which is separately prescribed Jor а large number of criminal offences either independently or alternatively in conjunction with some other penalty), the contemporary criminal legislations also recognize one or more alternative (intermediary) sanctions or non-custodial substitutes for imprisonment. The alternative criminal sanctions are different measures of social reaction which are awarded by the court to the perpetrators of minor criminal offences in cases when, given the characteristics of the perpetrator’s personality, it is not considered necessary to deliver (or implement) the punishment of imprisonment. The range of alterative criminal sanctions includes: a fine, probation, a court warning and, lately, the community service which implies some public work for the benefit to the community or in the public interests while the offender remains unconfined. In this paper, the authors deal with the concept, the legal content, the characteristics and the conditions for the application of the community service as an alternative sanction prescribed in the criminal legislation of the Republic of Serbia, concurrently providing a comparative analysis of this legal institute in other legislations.

Key words: criminal law, imprisonment, alternative measures, community service, court, criminal liability

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