Vujičić, Nikola (2022) Parole in the Republic of Serbia: Advancement in the treatment as the basis of a positive decision of the court. European Society of Criminology, Malaga.
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"The rights of inmates serving time in prisons in modern criminal legislatures could almost not be imagined without existence and implementation of the institute of a parole. This right, whose origin we refer to Alexander Maconochie and his “mark system” ((Ignjatović, 2016: 177) is often in practice viewed as a privilege of its kind, i.e., as granting privileges to persons who committed crimes, because of which they were given social-ethical reprehension in the form of serving time in prison, and in this sense there is a certain resistance against implementation of this institute in court practice. As in many situations, here too understanding is necessary. For understanding of parole it is important to see the fact that the complex nature of parole, because of its firm functional link with imprisonment, and thus with big issues of the penal concept, penal policy, which results in parole release, keeping the same normative basis, often significantly alters its purpose, and consequently alters its effect on realization of the purpose of punishment and outcome of the penal policy. Although parole release of convicted persons is a generally accepted institute with a long tradition, numerous disputable issues and dilemmas still accompany legislative decisions and practice of parole (Soković, 2014: 35). In contrast to advocators of broader implementation of this institute, claims still presevere on justifiability of abrogation of early parole, which emphasize that it is illogical, counterproductive, unjust with regard to victims of crimes, and that it potentially threatens safety of citizens (Soković, 2016: 388). For implementation of the institute of parole in practice in the observed period (2016- 2018) the following regulations are significant: (1) Criminal Code, Official Gazette of RS, no. 85/2005, 88/2005 - corr., 107/2005 - corr., 72/2009, 111/2009, 121/2012, 104/2013, 108/2014 and 94/2016 (from hereon: CC); (2) Criminal Procedure Code, Official Gazette of RS, no. 72/2011, 101/2011, 121/2012, 32/2013, 45/2013, and 55/2014 (from hereon: CPC), and (3) Law on Execution of Criminal Sanctions, Official Gazette of RS, no. 55/2014 (from hereon: LECS). However, during the execution of the prison sentence, the main tool of work is the Risk Assessment Questionnaire, as well as the Rules on Treatment in Prisons. Risk assessment is one of the main areas that are subjects of interest of all experts dedicated to the analysis of offenders convicted to imprisonment. After theoretical assumptions, consideration of the legal framework and content of the Risk Assessment Questionnaire, in paper are presented results of an empirical study conducted in PCI Sremska Mitrovica, on a sample of 150 offenders released between 2016 and 2018. The basic hypotheses were: (1) most offenders are primarily classified into closed wards; (2) most offenders advance during the treatment into a more favorable category, and (3) those who have advanced are paroled. All hypotheses are confirmed. Based on the evaluation of data, primarily from the aspect of impact of risk assessment on treatment advancement, but also paroling, it can be concluded that only extreme risk assessment values are non-debatable. Those who were assessed to have low risk and assigned to the open ward (treatment groups A1/A2) have more chance to become paroled. Those who are assessed to be of high or extremely high risk and assigned to the closed ward (treatment groups V1/V2) will leave the institution after regular expiration of the sentence. Future studies should focus more on the middle risk level and treatment groups B1 and B2, since, formally speaking, both groups enable for possibility of non- custodial benefits, but not necessarily parole as the broadest right/possibility for a prisoner. In addition, it is necessary to include other possible factors estimated within the Questionnaire, in order to gain more precise data about variables that potentially influence the treatment, and consequently application of certain legal instruments."
| Item Type: | Other |
|---|---|
| Additional Information: | COBISS.SR-ID 181964041 |
| Uncontrolled Keywords: | Uslovni otpust, Srbija, Parole, Serbia |
| Subjects: | Criminal Law |
| Depositing User: | Mr Stanko Kovačić |
| Date Deposited: | 09 Dec 2025 15:57 |
| Last Modified: | 09 Dec 2025 15:57 |
| URI: | http://repozitorijum.pravnifakultet.edu.rs/id/eprint/2033 |
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