Determination of type and duration of sentences - Macedonian Government’s arguments versus Constitutional Court’s decision

Krstevska Savovska, Katerina (2018) Determination of type and duration of sentences - Macedonian Government’s arguments versus Constitutional Court’s decision. Proceedings of the International scientific conference “Criminal Justice and Security in Central and Eastern Europe - from Common Sense to Evidence-based Policy-making” . Faculty of Criminal Justice and Security - Maribor, Maribor, pp. 245-257. ISBN 978-961-286-174-2

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Official URL: https://press.um.si/index.php/ump/catalog/book/352

Abstract

Macedonian Government in 2014 proposed the Article 39, paragraph 3 of the Criminal Code to be changed, i.e. the sentence determination should be carried out by the court according to the Rule-book on the manner of determination of the sentences (January), i.e. Law on the determination of the type and duration of sentences (December). Although arguments were given as a support to the proposed changes, the Constitutional Court in 2017 abolished the Criminal Code’s Article 39, paragraph 3 and the said Law. Having in mind the above, the Paper shall analyse the Government’s arguments versus Constitutional Court’s decision, from the aspect of lawfulness, individualisation of sentences, sentences proportional to the committed criminal act, uniformity of sentencing policy and free evaluation of evidence.

Item Type: Book
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Scientific Fields (Frascati) > Social Sciences > Other social sciences
Divisions: Faculty of Security
Depositing User: Olivera Trajanova
Date Deposited: 09 Jun 2020 19:10
Last Modified: 09 Jun 2020 19:10
URI: http://eprints.uklo.edu.mk/id/eprint/5395

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