Imovinske krivičnopravne mere

Abstract

Property criminal law measures are measures which state, or society use to fight against crime. They are: fine, confiscation of property, dispossession of object, confiscation and seizure of assets derived from criminal act. Comprehensive scientific study concept, characteristics, content, type, elements, legal nature, the basis, methods and limits of prescribing, imposition and enforcement of property criminal law measures are of great importance. The historical development of these measures are shown througt analysis of the most important historical monuments of legal and analysis property criminal law measures in the written legal documents of the Republic of Serbia. Fine and confiscation of property existed in Egipt law and in Mesopotamia law. Other property criminal law measures appeаred later. Comparative analysis indicate the existence of property criminal law measures in many European countries. Defining property criminal law measures in criminal legislation of the Republic of Serbia are the most similar to the determination of these measures in the Criminal codes of the states of the former Yugoslavia. Comparative analysis of legal decisions indicate variability in the implementation of various property criminal law measures in modern criminal law. Use of property criminal law measures in the criminal legislation of the Republic of Serbia today is analyzed in the third chapter of the doctoral dissertation. Criminal legislation of the Republic of Serbia knows the following property criminal law measures: fine, dispossession of object, confiscation and seizure of assets derived from criminal act. At this point are analyzed solutions of the Criminal Code and the Law on seizure of property acquired through crime. Except in criminal law, property criminal law measures are applied in other branches of criminal law: misdemeanor law, economic offence and international criminal law. And finally, the author analyzed the criminal policy of the courts in the application of property criminal law measures in the fifth chapter of the doctoral dissertation.