塞尔维亚法律中引入缓刑的法律历史概述

Biljana Gavrilović-Grbović
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引用次数: 0

摘要

本文分析了在塞尔维亚法律中引入缓刑的问题。缓刑作为社会学学派的一项现代制度和刑罚哲学变革的体现,在19世纪末的欧洲立法中得到了扩展。但是,塞尔维亚只根据1929年的《南斯拉夫刑法》才适用缓刑。但是,这并不意味着在塞尔维亚领土上对缓刑进行法律管制的想法只出现在南斯拉夫王国。此外,欧洲其他发达国家在19世纪末就提出了对缓刑进行法律规制的思想,但当时并没有引起塞尔维亚王国律师的注意。塞尔维亚王国第一次尝试规定缓刑是在20世纪初,但由于战争的爆发,所有这些都是一纸空文,从未制定为法律。因此,本文提出了促使塞尔维亚王国和南斯拉夫王国的律师提出实行缓刑问题的原因,以及他们在实行缓刑和在实际适用期间遇到的困难。
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Legal-historical overview of the introduction of suspended sentence in Serbian law
The paper analyzes the issue of introducing a suspended sentence into Serbian law. Suspended sentencing, as a modern institution of the sociological school and the embodiment of a changed penal philosophy, experienced its expansion in European legislation at the end of the 19th century. However, suspended sentences were applied in Serbia only on the basis of the Yugoslav Criminal Code from 1929. But, this did not mean that the idea of legal regulation of suspended sentence, on the territory of Serbia, only appeared in the Kingdom of Yugoslavia. Moreover, the idea of legal regulation of suspended sentence was put forward in other, developed European countries at the end of the 19th century, but it did not attract the attention of lawyers in the Kingdom of Serbia at that time. The first attempts to prescribe a suspended sentence in the Kingdom of Serbia occurred at the beginning of the 20th century, but due to the outbreak of the Wars, all of this remained a dead letter, never having been enacted into law. Therefore, the paper presents the reasons that motivated lawyers in the Kingdom of Serbia and the Kingdom of Yugoslavia to raise the issue of the introduction of suspended sentences, as well as the difficulties they encountered both during its introduction and during its practical application.
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来源期刊
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发文量
17
审稿时长
12 weeks
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