From Apparent Unity to Diversity: Penal Policies of (Former) Yugoslav Republics

Abstract

This paper presents a comprehensive study of penal policies of (former) Yugoslav countries in the last 70 years. The Yugoslavian penal policy has been unique in the sense of leniency but was by no means uniform in its implementation. A comparative analysis of the development of penal policy in the observed states, supported by statistical data on crime, conviction and prison populations, revealed that differences have been profound. While disparities between states in the socialist era were predominately seen in the crime characteristics, number and type of convictions, and the length of prison sentences, today, former Yugoslav republics are diverse as they can be, ranging from the penal moderation of Slovenia to harsh penal policies in Serbia and Montenegro. Based on the findings, it can be argued that the influence of regional diversity, based on historical and cultural identity, should be acknowledged in studying penal policy.