Development of Criminal Law Sanctions in Serbia from 1804 to 1945

The paper reveals the historical development of criminal law sanctions in the territory of the current Republic of Serbia. The paper contains the results of a study of the criminal law sanction, as well as its effectiveness in the Principality of Serbia, the Kingdom of Serbia and the Kingdom of Yugoslavia. The analysis of criminal law sanctions in the paper is based on the oldest legal monuments of both the state of Serbia and others. Examining the grounds for criminal law sanctions, the author comes to the conclusion that criminal law as we know it today appeared only in the 13th century. Thus, through a systematic and careful analysis of the characteristics of that time, we can come to a complete understanding of the current definition of criminal law sanction, its types, features of application and purpose. Thus, based on the review of the criminal offences and the corresponding criminal sanctions in the Dushan’s Code adopted in 1349, it can be noted that most of the criminal sanctions consisted of the death penalty (for example, burning), corporal punishment in the form of cutting off body parts (for example, hands, nose) or monetary fine. Awareness of the social situation of that time makes clear and fully justified the severity of criminal sanctions. The study of the differences between ancient methods of punishment and today’s method of resocialization of people allows us to conduct a thorough analysis of the effectiveness or ineffectiveness of the strictest criminal law sanctions. By sublimating the main criminal law sanction and its various types, we aim to eliminate any illogic, confusion and dilemma about this topic in our criminal legislation.

1. Zakonnik Tsarya Stefana Dushana, Struzhskaya i Atonskaya rukopisi [The Dushan’s Code, Struga nand Athon Manuscripts]. Belgrade; 1975.

2. Krklyush L. Istoriya prava serbskogo naroda [History of law of the Serbian people]. Belgrade: Faculty of Law of the University of Belgrade; 2015.

3. Pavlovich M. Razvitie prava [The development of law]. Kraguevats: Artprint; 2013.

4. Dolents M. Kommentarii k ugolovnomu kodeksu korolevstva Yugoslavii [Commentary on the Criminal code of the Kingdom of Yugoslavia]. Zagreb; 1930.