Project Proposal

LAWS ON CRIMINAL SANCTIONS REINFORCEMENT - A RELATIONSHIP WITH THE CONSTITUTION AND WITH INTERNATIONAL LEGAL STANDARDS

Author and coordinator:: Prof. dr Stanko Pihler

INTRODUCTION

In Federal Republic of Yugoslavia, execution of criminal sanctions is regulated by respective republican laws. So far, there has been no correct and consistent critical survey of these laws with respect to the present Yugoslav Constitution and, especially, from the aspect of international legal documents. This is necessary so as to ensure a legitimate law on execution of criminal sanctions, which will be in conformity with the Constitution and international law. This project is especially significant from the aspect of human rights and freedoms, all the more so because the analysis will also include a broad segment of sublegal regulations, which are enacted by the executive authority responsible for the execution of criminal sanctions. A survey of sublegal regulations will also be based on the Law and sublegal enactment relationship.

PROJECT OBJECTIVE

The objective of this project includes:

A critical survey of the Yugoslav criminal legislation relating to execution of criminal sanctions under the present Constitution and international documents dealing with execution of criminal sanctions.
Designing of a model law on execution of criminal sanctions, in accordance with the Constitution and international standards, or of a proposal for adjustment of existing legislation to the Constitution and to international standards (should it be concluded that this adjustment is possible under the current legislation).

PROJECT IMPLEMENTATION

The Project will be implemented in three phases, within a period of 12 months upon its adoption.

First phase: a comparative analysis and assessment of Yugoslav legislation relating to execution of criminal sanctions under the present Constitution and international documents;
Second phase: depending on results of the first phase, the second phase will involve two possible variations:

Formulation of a proposal for modification of the law on the execution of criminal sanctions;
Elaboration of a model law on execution of criminal sanctions.

Third phase: presentation of project results to

experts by organizing a round table with participation of domestic and foreign experts in law on the execution of criminal sanctions;
to local general public through the media and by publishing a special LEX edition.

PROJECT IMPLEMENTATION TIME FRAMEWORK

One year upon adoption of the project.

First phase: 5 months;
Second phase: 5 months;
Third phase will be implemented parallel to the second one and completed not later than 2 months upon completion of the second phase.

EXPECTED RESULTS

Adjustment of execution of criminal sanctions in Yugoslavia with legal standards of the European Union.

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