USLUGA IZVRŠENjA NOVČANOG POTRAŽIVANjA NA ZARADI LICA LIŠENOG SLOBODE – TEORIJSKA I PRAKTIČNA OPRAVDANOST INSTITUTA

Abstract

In this paper, the author analyzes the justification of the introduction of the execution of a monetary claim on the earnings of a person deprived of liberty in the Serbian legislation. The subject of the work is divided into three parts. In the first part, the possibility of compensating the injured person from convict’s labor earnings is analyzed, which is necessary for three reasons: in order to comply with the principle of restorative justice, the principle of compensation for damages and international standards regarding the rights of persons injured by a criminal act. The second part examines the possibility of settlement from the prisoner's earnings when it is not about the compensation for the victim but about the monetary claim of other persons. The realization of the principle of compensation for damages is given here as a reason for justification. In the end, the author gives a special review of what effect the execution on the earnings of a person deprived of liberty could have on the rehabilitation of the convict, the fulfillment of the purpose of labor treatment and the guaranteed rights of persons deprived of liberty. In this regard, it is recommended that the execution of compensation on convict’s labor earning has certain limitations.