Na putu ka uslovnom otpuštanju u Republici Srbiji

Abstract

Parole (conditional release) is a criminal law institute which, with various modalities, is generally accepted in most criminal law systems. Its penological component is strongly expressed and is reflected in the fact that it represents a “reward” for a convicted person who has good behavior during the execution of a prison sentence. Although the existence of this institute is not disputable, certain dilemmas still exist both in scientific discourse and in practice. After the introductory and theoretical aspects, and a review of modern directions of development of this institute in legislation and practice, the paper analyzes the laws governing this matter in Serbia, primarily from the aspect of criminal law and criminal enforcement law. Furthermore, the paper analyzes a document prepared by a joint working group, composed of representatives of courts, prosecutors’ offices, penitentiary institutions and scientists, which is a model that should be followed by a request for parole. The risk assessment of convicted persons is especially considered, since it represents the main barrier to the wider application of parole in practice. In the last part, there are proposals for improving the application of parole in practice