Legal problems in using preventive detention or preventive supervision of offenders dangerous to society

Mrvić Petrović, Nataša (2015) Legal problems in using preventive detention or preventive supervision of offenders dangerous to society. In: Dani Arčibalda Rajsa : međunarodni naučni skup, Beograd, 3-4. mart 2015., Tematski zbornik radova međunarodnog značaja. Kriminalističko-policijska akademija, Beograd, pp. 211-217. ISBN 978-86-7020-190-3

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Abstract

Under the influence of crime management ideology in European legislatures, the measures of preventive detention of persons marked as dangerous to society (offenders of sexual crime - especially if victims are children, offenders of violence crime, terrorists etc.) “are brought to life again”. After completed prison sentence, the preventive supervision of dangerous offenders can be applied indefinitely. The preventive detention and preventive supervision questions basic human rights of convicts. Therefore, the paper examines the judicature of the European court for human rights and the Recommendations of the Council of Europe (2014) 3 in connection with dangerous perpetrators and evaluated the adjustment of criminal legislature of the Republic of Serbia with them. It is stated that by the preventive detention and supervision, the network of social control is unjustly widened. Criticizing the legislature of the Republic of Serbia, the author warns that the introduction of infallible legal presumption on dangerous condition of each perpetrator of criminal offences against sexual freedom committed against minors, regardless of the seriousness of the criminal offence, circumstances under which it was committed and perpetrator’s personality traits is not in keeping with democratic values and the Constitution. Because they are not individualized, preventive supervision measures will not be effective and their execution presents unnecessary financial burden to society. Because of this, the changes of the law, which foresee subsequent supervision of perpetrators of criminal offences against sexual freedom committed against minors, are recommended.

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