JUSTIFICATION OF IMPOSING AN EXISTING RANGE OF PRISON SENTENCES AS MISDEMEANOUR SANCTION IN SERBIA AND EXPERIENCE OF COUNTRIES IN THE REGION

Abstract

Achieving general and special prevention is always an ongoing issue not only to consider the effectiveness of a law, but also to look at the proportions of criminal policy, and of course everything to reduce the level of crime and other negative social behavior and phenomena. The basic hypothesis of this research is that one of the more important aspects of the sentence of imprisonment as a misdemeanor sanction is to be considered and whether it is necessary to emphasize or challenge its prediction just observed through the prism of general and special prevention. The reason for considering the justification of the current prediction of the prison sentence as a misdemeanor sanction arises from the announced change of the penal policy for this sentence in the criminal legislation in the Republic of Serbia. We have factually grouped the research into two important parts that relate to the legislative prediction in the Republic of Serbia, taking into account not only the material legislative provisions, but also the statistical indicators as an important element, while the second part deal with the same issues with the legislation from some surrounding countries. At the end of the consideration of the topic of this research, we will point out some suggestions and suggestions, and the opinions and conclusions reached will also be expressed.