Legal Regulation Information
When imposing a suspended sentence, the court docket might order the offender to submit himself to medical therapy outside prison, taking into particular consideration the offender’s readiness to bear such treatment. If the offender fails to undergo such a remedy exterior prison and not using a justifiable cause, or if he of his personal accord quits the remedy, a court might order that the suspended sentence be revoked or that the measure of obligatory medical remedy of an alcoholic or drug addict be compulsorily carried out in a medical or another specialised institution. The prohibition in opposition to driving a motorized vehicle and confiscation of property could also be ordered if a punishment, suspended sentence, judicial admonition or remission of punishment has been imposed on an offender. In the framework of the final function of felony sanctions , the purpose of security measures is to take away the conditions or conditions which might influence an offender in order that he commits legal acts sooner or later. If throughout protecting supervision the court docket establishes that the purpose of the sentence has been attained, it may terminate the protecting supervision even earlier than the expiration of a certain period.
Objects used or destined for use in the commission of a criminal act as well as those which resulted from the fee of a felony act could also be confiscated if they are owned by the offender. When imposing a suspended sentence, the court docket may decide that the sentence will be revoked if the offender violates the ban on driving a motorcar. When imposing a suspended sentence, the court might dispose that such sentence shall be revoked if the offender violates the connected prohibition from finishing up a certain occupation, activity or duty.
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The running of the period of limitation is suspended for any time during which the prosecution cannot be instituted or continued by reason of provision of law. The period of limitation to the legal prosecution commences with the day on which the criminal act has been committed. At their request, residents may be given information on their being convicted or not being convicted provided that the knowledge is necessary for exercising their rights overseas. Sentences cannot be expunged of legal information so long as safety measures are in drive.
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If the offender has been sentenced to both imprisonment and a fine, the suspended sentence could also be imposed both for the each sentences or just for the sentence of imprisonment. In counting the credit, at some point spent in custody awaiting trial, in the future of deprivation of freedom, at some point of juvenile custody, at some point of imprisonment and a fine of one hundred dinars shall be deemed equal. 2) the act has brought on significantly grave consequences or has been dedicated underneath other, particularly aggravating circumstances. 2) if a interval of 5 years has not expired between the day when the offender was launched after serving his previous sentence and the day when he committed the newest legal act. A fine may be imposed up to the amount of 50,000 dinars, and for felony acts dedicated out of greed as much as the quantity of 200,000 dinars. A time period of imprisonment is served in closed, semi-open or open institutions for serving sentences. The death penalty shall be executed by shooting, without members of the public current.
The time period “navy individual” understands a soldier in the army service; cadet at a army academy; junior officer on active duty, officer on energetic duty or military employee; a reservist on military obligation as serviceman, and a civilian particular person executing a sure navy obligation. Criminal code of the republic or autonomous province by which an offender is being tried apply to criminal acts outlined in the code of the republic or autonomous province in instances when the acts have been dedicated outdoors the territory of the SFRJ, together with felony acts committed aboard a domestic vessel or aboard a home plane whereas exterior the territory of the SFRJ. In cases referred to Article 104 of this law, prosecution of a foreigner could also be handed over to a overseas country on the condition of reciprocity. The granting of amnesty or pardon shall by no means affect the rights of third parties emanating from the judgment.
The sentence set forth in paragraph 1 of this text shall be imposed on those that persecute organizations or individuals for his or her advocating equality among the many folks. A citizen of the SFRJ who politically or economically collaborate with the enemy in time of warfare shall also be punished by the sentence referred to in paragraph 1 of this article. “Violence” shall be so construed as to incorporate the use of hypnotic suggestion or intoxicating substances for the aim of bringing a person towards his will right into a state of unconsciousness, or incapacitating him for resistance. “Currency” denotes coins and financial institution-notes which are authorized tender in the SFRJ or abroad. A “doc” denotes any object that is suitable or designed to serve as proof of some reality related to legal relations.
The demise penalty could also be imposed only for probably the most critical felony acts when so supplied by the statute. A fine may not be imposed along with the punishment of confiscation of property. The punishment of confiscation of property might solely be imposed as an accessory punishment. Preparation and try to commit a criminal act are considered committed both in the place where the offender was appearing and in the place the place the consequence was to have occurred based on his intention. A felony act is dedicated each in the place the place the offender was performing or was obligated to behave and in the place the place the consequence occurred. A criminal act is dedicated on the time when the offender was acting or was beneath the responsibility to act, regardless of when the consequence occurred.