Problemi kod izvršenja kazne zatvora u kućnim uslovima

Abstract

In the Republic of Serbia, out of all alternative sanctions, the courts have most often issued house arrest, in addition to a suspended sentence. Besides a review of the legislation governing the subject matter, the author attempts to point out the problems that the courts and trust agents encounter in practice when executing the sanction of house arrest. Inadequate application of the regulations governing the execution of house arrest, along with technical and personnel shortcomings faced by the Trust Agency of the Administration for the Execution of Penitentiary Sanctions in the Republic of Serbia, may lead to a partial or temporary inability to execute the sentence. By using the available statistics on imposed criminal sanctions, examining the opinions of the judges and the views of the trust agents, and evaluating data from other research conducted in this area, the author attempts to answer the question of whether and how the existing problems with house arrest in Serbia could be overcome. Eliminating the formal and technical deficiencies in the execution should demonstrate the extent to which the imposition of house arrest achieves the aims of general and special preventive measures, while bearing in mind that, in certain situations in practice, the sentence of house arrest remains unexecuted.