UDC 34ISSN 2232-7339    e-ISSN 2303-4653
Godišnjak Pravnog fakulteta u Istočnom Sarajevu
Published yearbooks

   2010
      Vol. I No. 1/2010

   2011
      Vol. II No. 1/2011
      Vol. II No. 2/2011

   2012
      Vol. III No. 1/2012
      Vol. III No. 2/2012

   2013
      Vol. IV No. 1/2013
      Vol. IV No. 2/2013

   2014
      Vol. V No. 1/2014

   2015
      Vol. VI No. 1/2015

   2016
      Vol. VII No. 1/2016

   2017
      Vol. VIII No. 1/2017



LEGISLATIVE EXPRESSIONISM OR EXPERIMENTALISM
(FROM THE REFORM OF CRIMINAL JURISDICTION IN 2003 UNTIL NOW)

  PDF Full Text

Igor Petković

Faculty of Law,
University of East Sarajevo

Summary

This paper discusses significant amendments to the Criminal Code of Republic of Srpska introduced in the period from its adoption in 2003 until August 2013. What guided the legislator and to what extent did its activity in the past decade lay ground for achievement of the purposes of criminal law? The original legal text underwent six amendments. Few of the changes were technical or cosmetic in nature; on the contrary, majority of amendments concerned some of the most important institutes of criminal law. Some of the most significant changes were brought into legal text through amendments, only to be removed from it later on (It should be noted that we are not discussing acts of limited duration here), so it is no exaggeration to keep the word "experimentalism" in the working title of this paper. There is no doubt that certain amendments improved earlier legal solutions. Factor that does not favor legal certainty, however, is the fact that, despite the number, scope and character of these amendments, the legislator did not adopt their edited text.

Key words: Criminal law; Modifications; Additions; Legal certainty.
 

Igor Petković, phoebe@teol.net.