Lawyer from Belgrade
Received: February 17th 2021
Accepted: March 10th 2021
UDK: 343.261(497.11) 341.645.5(4)
Pages: 131-144
doi: doi.org/10.47152/rkkp.59.1.4
The introductory part of the paper indicates dilemmas regarding life imprisonment punishment. Further it defines the concept of punishment and determines the purpose of punishment, stating the essential characteristics of life imprisonment punishment. The life imprisonment punishment for criminal offenses in which conditional release is not possible has been taken under special consideration, indicating the legislator’s omissions, and offering suggestion, so that the observed omissions could be corrected. The legal institute of conditional release, the European Convention for the Protection of Human Rights and Fundamental Freedoms, in the context of life imprisonment punishment, were discussed, followed by a critical review of the conclusions of the Expert Meeting held in Belgrade on September 25, 2020. An explanation has been given as to why it is not necessary to change the existing solution in our criminal legislation; with notice that even if the position derived from these conclusions should be accepted, that the existing legal solution ought to be changed, proposed implementation would not be acceptable, because the intent (which the author of this paper does not advocate for) would not be achieved by the proposals from that conclusions, as it is emphasized in this paper. Furthermore, the purpose of this paper is to find plausible arguments for the existing solution in our criminal legislation, meaning that for certain criminal offenses or the most serious forms of heinous crimes, offenders can be sentenced to life imprisonment without the right to parole. In addition, the objective is to specify that the conclusions of the Expert Meeting which was held in Belgrade on September 25, 2020, and especially the proposals attained from those conclusions are not admissible in relation to our criminal law.
KEY WORDS: sentence, life imprisonment, parole, human rights, criminal law.
