Abstract

The Law Amending the Criminal Code of the Republic of Serbia of 2009 has introduced for the first time the safety measure 'Ban on Attendance at Certain Sporting Events' in Serbian criminal sanctions system. Ratio legis of the legislator was efficient and intense fight against violence at sporting events. This paper will present, using the practical examples, in which way this measure is implemented, as well as what positive and negative effects are of such a legal regulation of measures directed at suppression of violence at sporting events in the Republic of Serbia. Also, we shall analyze the court decisions reached in the territory of Kolubara District from the moment when this Article of the Law came into effect until today, which delivered the safety measure of 'Ban on Attendance at Certain Sporting Events'. We shall also analyze the manners of carrying out or failures to carry out certain judicial decisions due to many objective and subjective reasons. We shall particularly give a review of the actions of the police, who are in charge of monitoring the implementation of safety measures, i.e. notifying the court on the implementation of the judicial decisions, as well as of the response by the court to the notification that their final judgments are not carried out. Finally, we shall answer the question posed and conclude whether the suppression of violence at sporting events is efficient within our legal system.

Highlights

  • This paper will present, using the practical examples, in which way this measure is implemented, as well as what positive and negative effects are of such a legal regulation of measures directed at suppression of violence at sporting events in the Republic of Serbia

  • We shall analyze the court decisions reached in the territory of Kolubara District from the moment when this Article of the Law came into effect until today, which delivered the safety measure of “Ban on Attendance at Certain Sporting Events”

  • We shall analyze the manners of carrying out or failures to carry out certain judicial decisions due to many objective and subjective reasons

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Summary

Introduction

S obzirom na to da je javni tužilac u optužnom aktu predložio izricanje ove mere prema optuženom, a da krivičnim zakonom nije određeno da se ova mera može izreći samo učiniocu krivičnog dela iz člana 344a stav 1 KZ, već se ostavlja mogućnost da se izrekne i učiniocima drugih krivičnih dela ukoliko je to radi zaštite opšte bezbednosti neophodno, a imajući u vidu da je optuženi krivično delo izvršio kao učesnik sportske priredbe i golman domaće ekipe prilikom odigravanja fudbalske utakmice, u tom slučaju razlozi opšte bezbednosti zahtevaju da se optuženom izrekne mera bezbednosti zabrane prisustvovanja određenim sportskim priredbama.

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