The unconstitutional provision of the Criminal Code of the Republika Srpska, which is scheduled to the Redemption Penalty to a year in favor of those convicts that have more money, while judges who are said to decide who will be behind bars, and who can pay.
These are some of the lack of the disputed Article 46a. Paragraph 3. The Criminal Code, which prescribes that the sentence of imprisonment will not exceed one year were replaced by a monetary (every day is paid by 100 marks), and the Constitutional Court assessed that the provision was not in accordance with the RS Constitution.
While the RS Ministry of Justice announces that he will decide the Constitutional Court of the Republika Srpska, the legal expert he discussed today should be corrected in a way that it may be (and does not have to be approved by the prison sentence for money, which would decide by the Court.
The courts were powerless
“In this way, the courts were prevented from the individualization in each individual case, because the prison sentence must be replaced by the Constitutional Court of the Republika Srpska. What is the judge of the judge to say, say, the year in prison?”Independent newspapers“.
The Republika Srpska Constitutional Court, adds our interlocutor, cannot determine how this provision will be defined in the future, but the point is that the prison sentence will no longer have to be replaced for money, but will be open.
However, in the period while the controversial provision is corrected, several unexplained issues remain, such as those convicts who, say, bought penalties seven days ago, or those who intend to do so until the legislator changes the Criminal Code of Republika Srpska.
What will the practice now be
“For those who have so far used that institute, in the period to the decision of the Constitutional Court, it is not allowed to be applied to the criminal code, as this institute can be applied as the decision of the Constitutional Court may not be made. Replacing the prison sentence is currently unable, there is no substitution institute, which will occur in the Criminal Code, the Court will decide whether to satisfy the request or will not explain the source of “independent newspapers.
Our interlocutor indicates another illogicality that arises from the disputed provision. Namely, it is not the same when a businessman or a politician with huge monthly incomes should pay 100 marks per day of prison and when someone should be extracted by someone who barely compensates end of the end.
One can pay, others do not
In his decision, the Constitutional Court of the Republika Srpska also dealt with that segment.
“Convicted persons of a good material condition that can pay the penalty of prison, in a privileged position, which is why they are not able to replace the convicts in the same legal situation, which, by the assessment of this court, is not objective and a reasonable criterion for such prescribing, “they stated from the RS Constitutional Court.
In addition, the Constitutional Court of Republika Srpska reminds that the disputed prescribing does not leave the court that, depending on the concrete circumstances and facts in the case, and in accordance with the free judge’s freight judge, he will decide whether to adopt a request for the purchase of the prison sentence.
The Constitutional Court also reminds that, according to the legal principle of justice and proportion, the penalties that are imposed should be corresponded to the nature of the criminal offense, the degree of criminal responsibility, the circumstances under which the work was performed and the personality of the convict.
Principles lose meaning
“It is therefore, about numerous objective and subjective elements that the Criminal Court must take into account, however, it allows for the final deposit of the prison. The Constitutional Court is therefore evaluated in the event of a prison sentence in the way it is The prescribed disputed norm calls into question the realization of the principle of individualization of the sentence, “the Constitutional Court of the Republika Srpska.
MR. Milan Malesevic points out that so far, he has previously pointed out all the illogicalities of the provision, which was now disputed by the RS Constitutional Court.
“They don’t apply to all the same rules here. He who does not pay a fine, and he will go to the prison sentence, he may not go, just because he has the money.” Malašević said here for “independent newspapers.
In the Ministry of Justice of Republika Srpska, they pointed out that general norms are held – that the decisions of the Constitutional Court of Republika Srpska are not commented, but implemented.
“In the shortest time, the company measures that the Ministry is implemented, by making the proposal to change and address the parliamentary procedure and the Court of Justice,” said Goran Selak, the Minister of Justice of the Republika Srpska.
