Evolution of Suspended Sentence in Criminal Legislation of the Republika Srpska

Abstract

Since the acceptance of the Criminal Code of the Socialist Federal Republic of Yugoslavia, which entered into suspended sentence in the criminal legislation of the Republika Srpska, there have been a few changes to the sentence. The first changes expanded the possibility of pronouncing the sentence; also, it meant progress in the application of warning sanctions, but recent restrictive changes amended the essence of the sentence and brought up the question about the necessity of the existence of this institute. In this paper, our intention is to point out the mistake that legislator made, the tightening of criminal repression is achived with the stipulation of the conditions for pronouncing and revocation of the suspended sentence, which are not leading to affirmation and evolution in a way of its development, but to negation and extinguishing of the sentence, the accepted and affirmed institute, without which the modern criminal legislation can not survive. The aim is to encourage the academy community to influence legislators to return the original principles of the institute according to a correct understanding of the suspended sentence, its place and role in the criminal legislation.