Odredbe o prekršajnoj odgovornosti i prekrsajnim sankcijama u novom zakonu o prekršajima

Abstract

In this paper the author analyzes and reviews some of the solutions on liability and sanctions in the New Serbian Law on Minor Offences 2005, as the key issues of the minor offence law. The author expresses certain reserves to the observed trend of the minor offence law approaching the criminal law in the more pronounced and uncritical manner. The author concludes that the reasons for this trend have not yet been explored enough. He thinks that one of the main issues in solving this question is punishment of imprisonment. Having in mind certain provisions of the Law on Minor Offences, the author raises many questions related to the adequacy of the accepted solutions from the perspective of nature and function of the minor offence law. He specifically questions the issue of imprisonment in this law.