KUĆNI ZATVOR – SPORNA PITANjA IZRICANjA I IZVRŠENjA

Abstract

The subject of the paper is the analysis of the application of house arrest, i.e. the prison sentence that is served in the premises where the convicted person lives, with the aim of pointing out the situation in practice with de lege ferenda proposals. After a brief presentation of the general conceptual framework, purpose and place in the system of criminal sanctions in modern criminal-legal systems and in domestic conditions, the paper presents a normative framework for the application of house arrest in the domain of domestic substantive and executive criminal legislation. Considering the increasingly widespread application of this measure in practice, in a separate part of the paper, disputed issues of both the imposition and execution of house arrest were analyzed, with the argumentation of the need for more precise normative solutions in terms of defining house arrest as a special criminal sanction and not as a modality in the execution of a prison sentence. More precisely regulated issues of competence and organization of the probation service would contribute to overcoming the existing difficulties in the implementation of the house arrest measure.