DISCIPLINARY PUNISHMENT OF CONVICTED PERSONS – CONCURRENCE OF NACIONAL AND INTERNATIONAL NORMATIVE STANDARDS -
Keywords:convicted, prison, disciplinary liability of convicted person, disciplinary proceedings and measures
The beginning of the execution of a prison sentence in a penitentiary institution for a convicted person means the application of special rules - the prison rules. Strict rules of conduct in prisons, according to which convicted persons must behave, are regulated, in the Republic of Serbia, by the Law on Execution of Criminal Sanctions and numerous bylaws. Failure to comply with prison regulations entails disciplinary liability of the convict. A convicted person may be punished for a disciplinary offense only if it was, in advance, prescribed as an offense. Disciplinary offenses are divided into two categories: serious and minor. If it is suspected that the convict has committed a disciplinary offense, disciplinary proceedings will be initiated in the penitentiary. Who will conduct the disciplinary procedure depends on whether the convict committed a serious or minor disciplinary offence. A convict who has committed a disciplinary offense will be punished by disciplinary measures, at the same time, other consequences may occur regarding his position in the penitentiary: classification in a group with smaller scope of rights compared to his previous position in the institution, i.e disciplinary punishment may be an obstacle to conditional release. The aim of this paper is to present the disciplinary responsibility of convicted persons in the criminal executive law of the Republic of Serbia and to determine the concurrence of national standards for the protection of convicted persons in disciplinary proceedings in relation to the standards prescribed by basic international acts in this area, above all, Nelson Mandela Rules and European Prison Rules.
Drakić, D., Milić, I. (2016). Utvrđivanje istine u disciplinskom postupku koji se vodi protiv osuđenog za vreme izdržavanja kazne zatvora, Proceedings of the Faculty of Law in Novi Sad, no. 2/2016, pp. 475–491.
European Prison Rules, Council of Europe Committee of Ministers Recommendation No. R(87)3.
European Prison Rules, Recommendation Rec(2006)2 of the Committee of Ministers to member states on the European Prison Rules, Adopted by the Committee of Ministers on 11 January 2006 at the 952nd meeting of the Ministers’ Deputies.
Grujić, Z. (2017). Effects of house arrest as an alternative to short-term imprisonment, International Scientific Conference “Archibald Reiss Days” Thematic Conference Proceeding of International Significance, Volume II, pp. 353-364. Belgrade: Academy of Criminalistic and Police Studies.
Grujić, Z. (2019). Life imprisonment as an answer to contemporary security challenges – (in)adequacy of the retributive approach, Teme, Vol. XLIII, No 4, pp. 1109-1124.
Grujić, Z. (2020). „Alternative kazni zatvora“. Kosovska Mitrovica: Pravni fakultet.
Ignjatović, Đ. (2018). Kriminologija. Beograd: Pravni fakultet.
Konstantinović-Vilić, S., Kostić, M. (2011). Penologija. Niš: Pravni fakultet.
Law on execution of criminal sanctions, Official Gazette RS, 55/14 and 35/19.
Milić, I., Dimovski, D. (2016). Kažnjavanje osuđenih lica – disciplinske mere, Proceedings of the Faculty of Law in Novi Sad, no. 1/2016. pp. 219–231;
Milić, I., Bekstvo iz zatvora – krivično delo ili disciplinski prestup, Proceedings of the Faculty of Law in Novi Sad, no. 3/2017. pр. 813–823
Milić, I. (2020). Committing the most dangerous convicts to serve prison sentences, Glasnik of the Bar Association of Vojvodina, Issue 3/2020. pp. 329–346.
Rulebook on disciplinary proceedings against convicted persons, Official Gazette of RS no. 79/14.
Rulebook on sending convicted, misdemeanor convicted and detained persons to penitentiaries, Official Gazette RS 31/15.
Rulebook on the treatment, treatment program, classification and subsequent classification of convicted persons, Official Gazette RS 66/2015.
United Nation Standard Minimum Rules for the Treatment of Prisoners Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977.
United Nations Standard Minimum Rules for the Treatment of Prisoners (The Nelson Mandela Rules) United Nations General Assembly A/RES/70/175 adopted on 17 December 2015.