/
Events
/
Conferences

We usually understand repression carried out within or by a state or its authorities as violence against the political opponents of the authorities. However, these were not the only criminal offences persecuted through the judicial system by the state authorities after World War II. Namely, perpetrators of non-political crimes did not rest. As far as »crimes« unrelated to political offences were concerned, life in Yugoslavia went on despite the changes of the authorities and political system. Completely ordinary crimes took place as well: from crimes against property, either state or private, to those against life and physical integrity, meaning theft, assault, manslaughter or murder. The authorities – just like any others – persecuted such crimes with the primary goal of protecting the citizens. As it was, the number of crimes not described as »political« far exceeded the number of crimes against the people and the state. Crime is usually followed by punishment. If a perpetrator of a criminal offence is caught and convicted, the punishment is imposed in accordance with the applicable legislation. Penalties for actions not in line with the social norms or rules as well as the aims of these punishments are provided for in the criminal codes. Punitive policy – penalties, enforcement of sentences and the ways of serving prison sentences – is one of the indicators of how democratic theauthorities in an individual country are. However, the legislation does not show how the sentences were enforced in practice, nor is this indicated in the official reports, written about the enforcement of sentences by the individual competent bodies. Naturally, all those who have experienced life behind bars hold their own opinions about the punitive policy and its implementation. After World War II the new Yugoslav authorities developed their own legal system and justice administration. Criminal law, especially with regard to criminal offences not directly related to politics and the introduction of the new political and economic system, was relatively slow to change or adapt to the new regime. When the new constitution of the Yugoslav federal state was adopted in 1946, a comprehensive legal system also started developing in the fi eld of criminal justice. The legislation with regard to the applicable penalties imposed by the civilian and military courts may have been adopted by the Presidency of AVNOJ (Anti-Fascist Council of National Liberation of Yugoslavia) in July 1945. However, the criminal code was adopted by the Yugoslav Assembly in the end of 1947 (and came into force on 12 February 1948). With it the basic demands for legal order were satisfi ed. The criminal code was under the influence of the Soviet criminal law and was fi rst amended already after slightly more than three years – in the end of February 1951 the Yugoslav assembly adopted a new criminal code (in force as of 1 July 1951). The special section of this code contained a list of punishable offences and penalties for them. It also set out penalties for criminal offences, which had until then been defined in the pre-war criminal code. Thus the Yugoslav criminal law was approximated to the level of criminal laws of European countries with different political systems. As the criminal law and other sciences related to criminality developed, the need for changes and amendments became evident. In the end of June 1959 the Yugoslav Assembly adopted an act amending the criminal code of 1951. In fact this was a new criminal code, which later saw further changes and amendments. The enforcement of sentences imposed on the offenders by the courts was set out in the acts on the enforcement of sentences, which followed the criminal codes. The Enforcement of Criminal Sanctions Act was adopted in 1948, then in October 1951, and finally in June 1961. These acts were quite similar with regard to how the sentences, especially prison sentences, were to be carried out, how the convicts would serve them, and what their rights and obligations were.