Suspended prison sentences in Serbia

This chapter studies the nature and properties of suspended prison sentences in Serbia. The chapter argues that these sentences, which are imposed in around half of all convictions, have historically had a distinct, inclusive, and largely non-punitive nature which has aligned with some of the wider traits and tendencies of the Serbian (and previously Yugoslav) penal system. Such sanctions are, however, intended only for a select group of criminal offenders who are perceived as not “criminally infected”. The sentences therefore not only serve to sanction non-serious crimes or first-time offenders, but also work to create separate classes of offenders: those who can be trusted because their crime is considered as “episodic” and does not warrant control or supervision, and those who cannot be trusted and who are, for that reason, commonly incarcerated. To support these ideas, the chapter outlines the history and development of suspended sentences in Serbia, the theoretical debates about their proper aims and place, their regulation in substantive criminal law, and their use in practice.