2009Unpublished venueRequires access

The role of criminal sanctions in establish and protect of rule of law and law state

Dragan Jovašević

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Abstract

The basic function (aim) of the criminal law, as the merit is its function of protection respectively providing some society protection and its values from the criminal. Its aim is providing existence of one society but its further development too. That's protection is realized in two ways: 1) prescribing of the men's behavior are considered as criminal actions and 2) prescribing of the criminal sanctions and preconditions for their application towards such actions committers. That is a general and common function of any criminal law no matter what the society or country uses it as a mean for protection independently of the period of time of its validity. At the same time that where is the main difference between the criminal laws among different countries. The criminal law is an instrument for the protection of some society and the system of its protected values at the specific grade of their development, and as so it is specific because it owns a number of the characteristics according to which the criminal law among different countries can be distinguished. So, the criminal law has as the aim, realizing dual function: 1) protection and providing the most important social goods and values from their breaking or threats, by committing criminal actions by the side of individuals or groups, so conservation of the existing relations that represent a statistic function and 2) follows the dynamics and development of the social relations and participates in their transformation, improving and protection.

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What this paper is about

The basic function (aim) of the criminal law, as the merit is its function of protection respectively providing some society protection and its values from the criminal. Its aim is providing existence of one society but its further development too. That's protection is realized in two ways: 1) prescribing of the men's behavior are considered as criminal actions and 2) prescribing of the criminal sanctions and preconditions for their application towards such actions committers. That is a general and common function of any criminal law no matter what the society or country uses it as a mean for protection independently of the period of time of its validity. At the same time that where is the main difference between the criminal laws among different countries. The criminal law is an instrument for the protection of some society and the system of its protected values at the specific grade of their development, and as so it is specific because it owns a number of the characteristics according to which the criminal law among different countries can be distinguished. So, the criminal law has as the aim, realizing dual function: 1) protection and providing the most important social goods and values from their breaking or threats, by committing criminal actions by the side of individuals or groups, so conservation of the existing relations that represent a statistic function and 2) follows the dynamics and development of the social relations and participates in their transformation, improving and protection.

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Available abstract

The basic function (aim) of the criminal law, as the merit is its function of protection respectively providing some society protection and its values from the criminal. Its aim is providing existence of one society but its further development too. That's protection is realized in two ways: 1) prescribing of the men's behavior are considered as criminal actions and 2) prescribing of the criminal sanctions and preconditions for their application towards such actions committers. That is a general and common function of any criminal law no matter what the society or country uses it as a mean for protection independently of the period of time of its validity. At the same time that where is the main difference between the criminal laws among different countries. The criminal law is an instrument for the protection of some society and the system of its protected values at the specific grade of their development, and as so it is specific because it owns a number of the characteristics according to which the criminal law among different countries can be distinguished. So, the criminal law has as the aim, realizing dual function: 1) protection and providing the most important social goods and values from their breaking or threats, by committing criminal actions by the side of individuals or groups, so conservation of the existing relations that represent a statistic function and 2) follows the dynamics and development of the social relations and participates in their transformation, improving and protection.

Key concepts: Sanctions, Criminal law, Law, Political science, Function (biology), Criminal procedure, State (computer science), Law and economics

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