The Evolution of the Serbian Criminal Legislation: From the Beginning of the Transition until the New Criminal Code

The Evolution of the Serbian Criminal Legislation: From the Beginning of the Transition until the... www.brill.nl/eccl © Koninklijke Brill NV, Leiden, 2008 DOI: 10.1163/157181708X333355 The Evolution of the Serbian Criminal Legislation: From the Beginning of the Transition until the New Criminal Code Fejős István Associate Professor, Faculty of Law, University of Novi Sad, Serbia 1. A Short History of the Criminal Legislation In the first two segments of the paper we shall focus on the development of criminal law in Serbia from the beginning of the transition process up to the enactment of the new Criminal Code. The third segment is devoted to the new Serbian Criminal Code. Segment four provides a critical assessment. In order to fully grasp the current situation regarding legislative competence in Serbia and Montenegro, a short historical overview is necessary. Significant decentralization was carried out in the former Socialist Federative Republic of Yugoslavia (SFRJ) with the Constitution of 1974. This was also re- flected in the distribution of legislative competence in criminal law. Criminal law, which was previously solely in federal competence up to that time, was divided between the federal legislature, the republics, and the provinces. General criminal law and small segments of the Special Part remained under the jurisdiction of the federation, 1 while the rest http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Crime, Criminal Law and Criminal Justice Brill

The Evolution of the Serbian Criminal Legislation: From the Beginning of the Transition until the New Criminal Code

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Publisher
Brill
Copyright
© 2008 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9569
eISSN
1571-8174
D.O.I.
10.1163/157181708X333355
Publisher site
See Article on Publisher Site

Abstract

www.brill.nl/eccl © Koninklijke Brill NV, Leiden, 2008 DOI: 10.1163/157181708X333355 The Evolution of the Serbian Criminal Legislation: From the Beginning of the Transition until the New Criminal Code Fejős István Associate Professor, Faculty of Law, University of Novi Sad, Serbia 1. A Short History of the Criminal Legislation In the first two segments of the paper we shall focus on the development of criminal law in Serbia from the beginning of the transition process up to the enactment of the new Criminal Code. The third segment is devoted to the new Serbian Criminal Code. Segment four provides a critical assessment. In order to fully grasp the current situation regarding legislative competence in Serbia and Montenegro, a short historical overview is necessary. Significant decentralization was carried out in the former Socialist Federative Republic of Yugoslavia (SFRJ) with the Constitution of 1974. This was also re- flected in the distribution of legislative competence in criminal law. Criminal law, which was previously solely in federal competence up to that time, was divided between the federal legislature, the republics, and the provinces. General criminal law and small segments of the Special Part remained under the jurisdiction of the federation, 1 while the rest

Journal

European Journal of Crime, Criminal Law and Criminal JusticeBrill

Published: Jan 1, 2008

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