CRIMINALITY AND ADDICTION

Authors

  • Olga Tešović Basic Court in Požega

Keywords:

criminality - alcohol addiction - drug addiction - non-custodial sanctions and measures - therapeutic justice - drug courts

Abstract

Purpose: One of the features of modern criminal law is undoubtedly the fact that the perpetrators of various crimes, mostly against life, body, and property, are persons who are addicted to alcohol or psychoactive substances. The problem of criminality and addiction does not lose its topicality from year to year, but, on the contrary, increasingly attracts the attention of various scientific disciplines, aiming to find an adequate solution to eliminate the cause of illegal behavior - addiction. Therefore, the author points to this consistent problem in modern criminal law, with an analysis of criminal law provisions in this area in the law of the Republic of Serbia, as well as judicial practice. Special attention was given to international standards in this area and the way in which this problem is solved in comparative law, and the practice of the so-called “therapeutic courts” in predominantly Anglo-Saxon criminal justice systems where the solution is found in less formal procedures with the application of non-custodial sanctions and measures and in a multidisciplinary approach. The aim of the paper is to point out the importance of this universal problem in modern criminal law, and that the existing domestic legal solutions and court practice in the case of criminal acts committed due to alcohol or drug addiction can undoubtedly be enriched and improved with a modern judicial concept, which does not prioritize punishment but the application of various alternative measures with the primary goal of rehabilitating the offender.

Design/Methods/Approach: The subject of the paper implies the application of the methods of formal logic, system analysis, the comparative method, as well as the normative method.

Findings: De lege ferenda solutions for criminal acts committed due to alcohol or drug abuse in accordance with international standards and modern comparative practice in this area.

Originality/Value: This paper will contribute to the elaboration of this problem from the criminal law and criminological aspects and improve the practice of courts, prosecutors, lawyers, and the police in this area.

Keywords: criminality - alcohol addiction - drug addiction - non-custodial sanctions and measures - therapeutic justice - drug courts     

About the author

Olga Tešović, PhD (obtained at Faculty of Law, University of Belgrade, in 2018), has the acquired scientific title of research fellow and currently is the President of the Basic Court in Požega and Criminal Department Judge. She is a lecturer at the Judicial Academy in Belgrade in the area of alternative criminal sanctions and probation and she has been engaged in scientific research and donor projects in the justice sector, both at the national and international level. She has published a large number of scientific works in the field of criminal law, and successfully participated in various international scientific thematic gatherings, and regional and national scientific conferences.

 

References

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Published

2024-04-29

Issue

Section

Etiology, Phenomenology and Trends of Contemporary Crime