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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 _________________________________________________________________________ *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 117
FREE LAW JOURNAL - VOLUME 1, NUMBER 1 (18 JULY 2005) aim is to provide for oneself or some other person a property profit or to make a damage. For certain acts, the law has determined a special psycho element which is shown under pretext of greed. It represents 1 a motice which comprises of rootless and egoistic rush to obtain property profit at any rate. Such a greed appears as unique personal and psycho feature shaped as a purpose (in a sense of conscious and willing act directed towards a goal, which idea effects like internal driving force of every human activity). Finally, as the result of taken act, when a crime against property is in question , there is causing property damage, property rights or interests of passive subjekct (physical or legal person) on one hand and the same or bigger amount of obtained illegal property for perpetrator or some other person on the other hand. Prescribing, pronouncing and carrying out all criminal sanctions have got prior aim ie to protect social welfare and values from all forms of injuring and endangering. In order to fulfil that task, criminal judical organs 2 apply appropriate forms and measures of criminal sanctions. Fighting crimes against property, tat social activity is primarily the appliance of specific criminal law measures and means which should be an answer to demands and needs of modern state (society), ie to be an adequate, efficient and legal answer to all items of such a criminal act. In a system of criminal law measures for fot proper reaction on form and aspects of crimes against property, the following measures are distinguished by their importance, contens, character, performance and nature : 1) a fine as only kind of property punishment in criminal law of Serbia and Montenegro system prescribes in article 39. The Basic Criminal Code, former The Criminal Code of FR Yugoslavia 3 and in article 39-40. The Criminal Code of Republic of Montenegro 4 from 2003.), 2) a confiscation of property as property punishment only in criminal law in Republic of Serbia (precribed in article 39a. The Basic Criminal Code), 3) security measure of confiscation an object which are used or predicted for committing criminal act, ie which are originated by committing a criminal act (prescribed in article 69. The Basic Criminal Code and in article 75. The Criminal Code of Republic of Montenegro). THE CONCEPT AND CHARACTERISTICS OF A FINE A fine is the only property punishment in criminal law of Serbia and Montenegro and it has an early origin referring to the system of composition – it means that the perpetrator was obliged to pay a certain sum of money to damaged person or to his family as ''compensation for a committed act'' and in that way blood feud was practically avoided. Nowdays,a fine represents an independent criminal sanction ie paying a certain sum of money in the benefit of state. A fine is the most frequently pronounced criminal sanction. 1 Bogdan Zlataric, Mirjan Damaška, Rečnik krivičnog prava i postupka, Zagreb, 1966. p.138 ; Dragan Jovaševic, Leksikon krivičnog prava, Beograd, 2002. p. 212 2 Dragan Jovaševic, Komentar Krivičnog zakona SR Jugoslavije, Beograd, 2002. p. 12 ; Zoran Stojanović, Politika suzbijanja kriminaliteta, Novi Sad, 1991. p. 79-81 3 Ljubiša Jovanović, Dragan Jovašević, Krivično pravo, Opšti deo, Beograd, 2003. p.264-266 4 Official gazette of Republic of Montenegro, No. 70/2003 118 DR. DRAGAN JOVASEVIC - THE SYSTEM OF PROPERTY CRIMINAL SANCTIONS IN CRIMINAL LAW OF SERBIA AND MONTENEGRO
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