TY - JOUR AU - Lečić, Boriša PY - 2018/10/31 Y2 - 2024/03/29 TI - A SUSPENDED SENTENCE – CRIMINAL MATERIAL AND TRIAL ASPECTS JF - KULTURA POLISA JA - kp VL - 15 IS - 37 SE - Original scientific work DO - UR - https://kpolisa.com/index.php/kp/article/view/567 SP - 191-203 AB - <p>The subject of this paper is a criminal sanction, a suspended sentence, which, as a warning measure prescribed by the Criminal Code of the Republic of Serbia, can only be imposed on the perpetrators of certain, minor offenses and which is defined by the amount of imprisonment or imposed sentence. As a measure of social reactions to crime, a suspended sentence cannot be imposed on a perpetrator who has committed a criminal offense for which may be imposed a sentence of imprisonment of ten years or more, but only to a perpetrator who has been sentenced to imprisonment of less than two years.</p><p>The idea is the general view that a more severe criminal sanction or a sentence of imprisonment should not be imposed upon the perpetrators of criminal acts, if by a suspended sentence, as a milder sanction, the general purpose of punishment can be achieved. The analysis of the practice shows that the re-socialization of convicts after they leave from prison institutions is reduced to a minimum. According to some surveys, about 70% of prisoners who have already served a sentence of imprisonment, as recidivists, again commit a criminal offense after leaving the prison, so the purpose of punishment was not achieved.</p><p>Here presented warning measure has been investigated through both material and criminal trial aspect, and for its comprehensive understanding several court decisions which are base of valid legal solutions have been analyzed as well as certain theoretical considerations.</p> ER -