INADEQUACY OF APPLICATION OF SENTENCING POLICY FOR PERPETRATORS OF DOMESTIC VIOLENCE

Abstract

The paper addresses the issue of domestic violence in Serbia, with a focus on the judicial treatment of perpetrators of this criminal offense and the position of women as the most common victims. The aim of the paper is to examine whether the judicial treatment is lenient and inadequate, thus violating the principle of equality before the law and jeopardizing the protection of victims and children. The paper relies on quantitative analysis of official statistical data on domestic violence in Serbia over a period of 18 years (2002-2020), obtained from reports of relevant institutions. Additionally, the authors analyze verdicts of the basic courts of the Republic of Serbia using a random sampling method, investigating aspects related to circumstances considered as mitigating factors. The paper demonstrates that a significant number of reports of domestic violence are dismissed or the proceedings are halted, and the sentences imposed are mostly conditional and lenient. The authors conclude that the judicial treatment of domestic violence perpetrators in Serbia is inefficient and discriminatory, leading to inadequate protection of victims and children and the perpetuation of violent patterns. The paper also highlights the urgent need for comprehensive intervention by the state and society to prevent and combat domestic violence. The authors propose possible measures to improve the situation, such as strengthening the legal framework, providing support to victims and perpetrators, and conducting qualitative research on the motivations, attitudes, and experiences of both perpetrators and victims of domestic violence.