KUĆNI ZATVOR U SVETLU NAJNOVIJIH IZMENA I DOPUNA ZAKONA O IZVRŠENjU KRIVIČNIH SANKCIJA

Abstract

Art. 3 of the Law on amendments to the Law on Execution of Criminal Sanctions, a new Art. 41a. entitled “Procedure for petition to execute imprisonment in the premises of the convicted person”. This amendment to the Law on Execution of Criminal Sanctions (which is both substantive and procedural in nature) gives the possibility and hope to a large of sentenced persons to imprisonment for up to one year, by their request, by the time they enter the sentence, re-examines the conviction and possibly changes the manner in which the prison sentence is served in one of the penitentiary institutions by executing it in the premises where the convicted person resides (“house arrest”). In this paper, the author will point out the legitimacy and compliance of this novelty with the basic principles of criminal law, the relationship with the certain provisions of the Criminal Code and the Code of Criminal Procedure, the intention of the legislator in its introduction, as well as its nature.