The latest amendments to the Criminal Code present solutions that would, if adopted, further deflated the already mild penal policy for the perpetrators of serious crimes, especially for those for whom the prosecution has already entered into plea agreements, such as those with members of the criminal organization of Svetozar Marovic.
One of the controversial decision of the draft amendments to the Criminal Code that the Ministry of Justice has prepared refers to the provision which stipulates conditional release of persons sentenced to imprisonment. According to the draft Code, which is currently at the public hearing, granting a conditional release would no longer require that the purpose of a punishment is fulfilled.
This solution is contrary to the Law on Execution of Prison Sentences, Fines and Security Measures, which prescribes the criteria for sentencing. The omission of this requirement in practice would allow imprisoned persons conditional release, completely contrary to the purpose of this institution in the criminal law.
If this solution were applied in practice, it would be particularly problematic in the case of persons convicted of criminal acts with elements of corruption cases that have been closed on the basis of the plea bargain, such as, for example, agreements concluded with members of the so-called “Budva Group” of Svetozar Marovic. In nearly each off these cases, imposed penalties are below the statutory minimum, so the purpose of the punishment in such cases is normally more than controversial.
With this solution, the convicted will have the opportunity for another reduction of the sentence, which would practically allow them to serve the sentence for most serious crimes as for some offenses.
Such solution would allow the convicted boss of the criminal organization of Svetozar Marovic to use another advantage and further reduce the sentence, which is already very mild having in mind serious crimes that he admitted to have committed. We remind that Svetozar Marovic made agreements with the prosecution in all cases against him, and the agreed does not meet the purpose of punishment, but rather acts as an incentive for those who may be able to acquire millions by committing criminal offenses.
Also, there is a real possibility that Svetozar Marovic is amnestied or pardoned somehow, and it is well known that his sentence has already been delayed in a manner the public finds more than disputable. By adopting the decision proposed by the Ministry of Justice, Marovic will certainly be able to count on another reduction of the sentence and another award in this sense, because such decision would be made only on the basis of his conduct while serving the sentence.
Actions that the authorities have taken in case of the Marovic family already indicates that the authorities are doing all they can so that Marovics and other officials that might be subject to criminal charges would avoid the punishment they deserve. Adoption of solutions proposed by the Ministry of Justice would be another step in achieving this goal.
Therefore, in granting conditional release, it is necessary that the law keeps the criterion that refers to the fulfillment of the purpose of punishment, so the courts would be required to assess whether the time that the convicted spent in jail influenced others not to commit criminal offenses, whether the adequate social condemnation for the criminal offense and the obligation to respect the law has been expressed and whether it strengthens morale and influence on the development of social responsibility.
MANS
