PUNISHEMENT IN THE PRE-ZONE OF ENDANGERING THE PROTECTED VALUE - PRO ET CONTRA?

Abstract

Purpose: In this paper, the authors try to point out and to explain the legal nature and a quality of the exceptions to the general rule that the criminal justice system is only initiated at certain stages of the commission of a criminal offense. As modern serious forms of crime require a more effective criminal law response, states often seek changes in the area of ​​substantive criminal law in order to facilitate the processes of solving and proving of the mentioned criminal offences. How justified are the aforementioned activities and what is the difference between the demands of criminal policy and the accepted dogmatic solutions is the main purpose and goal of this paper.Design/Methods/Approach: The paper will be organized through three chapters, besides the introductory remarks and the conclusion. The first chapter will deal with the peculiarities of the stage in the execution of the criminal offence as the separated punishable stage in the criminal progression. The second will deal with the frequent interventions of legislators in the Republic of Serbia in the direction of punishment in the early stages of criminal progression, while the third chapter will analyze concrete examples of punishment for the preparation of a criminal offense at the level of a specific criminal offence.  Findings: Changes in the area of ​​the special part of the Criminal Code, which are aimed at punishment in the early stages of criminal progression, in order to facilitate the proving of certain serious crimes, are not in accordanace with the rules of the general part of the Criminal Code and  fundamentally violate the general concept on which the Criminal Code rests. Deviations from proven dogmatic principles are not the best way to solve the issue of proving criminal offences, and should be reduced to the necessary minimum.Originality/Value: The importance of the paper is reflected in pointing out the problematic issues of the expansion of punishment on the phase of endangering the protected value. The aforementioned tendencies are part of expansionist aspirations and the tightening of criminal repression.