Journal of Criminology and Criminal Law No. 1-2/2020

RECIDIVISM WITHIN THE CRIMINAL CODE OF SERBIA: CRITICAL REVIEW OF ITS NORMATIVE REGULATION

Emir Ćorović

Department of Legal Sciences, State University of Novi Pazar

Received: 1 July 2020

Accepted: 17 July 2020

UDK: 343.238(497.11)

Pages: 9-27

doi: doi.org/10.47152/rkkp.58.1.2.1

Latest changes of the Criminal code of Serbia from May 2019, which went into force on December 1 of the same year, changed the concept of recidivism which existed within our legal system until this point. Namely, in addition to the so-called „regular“ recidivism, which is now regulated in a completely different way compared to the previous legislation, multiple recidivism is now a particular legal category. Regulating these two forms of recidivism, the Criminal code of Serbia al-so recognizes special recidivism, which is regulated within provisions regarding the mitigation of punishment, more precisely as one a legal basis which excludes the possibility to mitigate the punishment. Legal regulation of the aforementioned types of recidivism is not very accura-te and it can create certain dilemmas when these provisions are applied in practice. Hence, this paper will point out the weaknesses and illogi-ality of the normative forms of certain types of recidivism, all with thepurpose of improving their forms of legal regulation.

KEY WORDS: recidivism / multiple recidivism / special recidivism.

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