Journal of Criminology and Criminal Law No. 1/2021

LIFE IMPRISONMENT AND PAROLE IN SERBIA – (UN)INTENTIONALLY MISSED OPPORTUNITY

Milica Kolaković-Bojović

Institute of Criminological and Sociological Research

Received: March 4th 2021

Accepted: March 26th 2021

UDK: 343.261(497.11) 343.265.2(497.11) 343.846(497.11)

Pages: 93-108

doi: doi.org/10.47152/rkkp.59.1.2

Triggered by the cruel rape and murder of a 15-year-old girl in July 2014, the public campaign was launched in order to change penal policy for a sexual violence committed against children in Serbia. Widely supported by general public, but strongly disputed by legal experts and professionals, amendments to the Criminal Code have been adopted in May 2019 introducing the life sentence without parole for the most serious crimes committed against children. This influenced the decision of the author to further explore how this public policy action fits to the relevant international standards, but also to the framework built based on the ECtHR interpretation of the Art. 3 of the ECHR in terms of the life prison. Aware of the current lack of public debate and the initiatives to improve relevant provisions of the Criminal Code, this paper shads a light on the gaps in human rights protection, especially in terms of the rehabilitation and reintegration of prisoners as the undetachable element of a purpose of punishing.

KEY WORDS: penal policy, life sentence, conditional release, parole, evidence-based policy making.

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