DISCIPLINARY PUNISHMENT OF CONVICTED PERSONS – CONCURRENCE OF NACIONAL AND INTERNATIONAL NORMATIVE STANDARDS -

  • Zdravko Grujic Pravni fakultet Univerziteta u Prištini sa privremenim sedistem u Kosovskoj Mitrovici
  • Ivan Milić Assistant with Ph.D, University of Novi Sad, Faculty of Law
Keywords: convicted, prison, disciplinary liability of convicted person, disciplinary proceedings and measures

Abstract

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.

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Published
2021-11-26