Punishing International Crimes in Serbia

Abstract

© koninklijke brill NV, leiden, 2018. The principle of legal certainty in criminal law requires that sentencing should be predictable. Sentences should be applied consistently and systematically, so that the legal consequences are foreseeable. Judges should provide sufficient reasoning on the determination of sentences, and similar offences should be subjected to similar sentences. This article examines consistency in the sentencing practice of the Serbian courts regarding war crimes, by examining sentence length in relation to a number of selected legal sentencing determinants, and by exploring the role of sentencing criteria provided for in the Serbian Criminal Code. The analysis indicates insufficient reasoning in sentencing decisions, especially when it comes to the purposes of punishment. As a rule, courts do not explain the sentences passed, nor do they elaborate on the weight given to specific circumstances. So as far as sentencing consistency is concerned, it could be said that it is only partially achieved.