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FREE LAW JOURNAL - VOLUME 1, NUMBER 1 (18 JULY 2005)
THE SYSTEM OF PROPERTY CRIMINAL SANCTIONS IN
CRIMINAL LAW OF SERBIA AND MONTENEGRO
by
DRAGAN JOVAŠEVIĆ PHD
INTRODUCTORY REMARKS
All modern criminal laws provide various means and measures for suppression and prevention criminality
in general and specially a crime against property, which is nowadays prevailing in a structure of modern
criminality. Criminal sanctions are pointed out according to their nature, character, performance and
significance. Taking into consideration a specific character of crimes against property and their
perpetrators, the specific kinds of sanctions, which repressive but extremely preventive influence, are
provided :
1) property punishments : a fine and the confiscation of property,
2) a measure of security : confiscating an object .
In all contemporary atates , in the structure of criminality, a crime against property is prevailing according
to number of committed acts, their perpetrators, consequences, scope and the intensity of social danger,
recidivism and other features as well. For suppression criminality of all kinds and the aspects of
performance, included a crime against property, various social (primarily state) agencies at all social
leveles have applied different measures, means and procedures. All of them could be divided into
preventive and repressive ones. Criminal sanctions are special ones according to their significance, nature,
contents, characteristics and effect.
Due to their character, at the same time they are repressive and forced ie it means to take away or to limit
certain liberties and rights to the perpetrator of criminal acts. They are applied against his will on the
basis of court' s decision in accordance with certain conditions and according to the procedure which is
determined by law. The aim of all those measures is defined in many ways. Firs of all, their aim is to
protect a society (ie its social values) from all forms of criminality (from all and aspects of injuring and
endangering). Furthermore,a perpetrator is thwarted, generally or at least for a certain period of time, to
commit criminal act again (the same or different one). Also, those sanctions have an educational influence
on people in order not to violate regulations and commit criminal acts legal appliance of predicted
repressive measures under the pretext of criminal sanction.
When we speak about suppression and prevention of crime against property (it has got a high position in a
structure of modern criminality in general) , we have to point out its basic characteristics, because
efficient and top-quality fight against the perpetrators of those acts, depends on them. As far as crimes
against property are in question, a property of another person (physical and legal) is the object of attack.
That property can be movable or immovable but it can be expressed as property rights and property
interests. When these acts are in question, the most frequent are confiscating, adapting and obtaining – the
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*Dragan Jovašević PhD, associate professor, Faculty of law in Nis, Serbia and Montenegro.
DR. DRAGAN JOVASEVIC - THE SYSTEM OF PROPERTY CRIMINAL SANCTIONS IN CRIMINAL LAW OF SERBIA AND MONTENEGRO
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