When can prison in home conditions be ordered?
If it imposes a prison sentence of up to one year, the court may order that the convicted person be served in the premises where he lives, considering the personality of the perpetrator, his earlier life, his demeanor after the crime, the degree of guilt and other circumstances under which he committed the crime, expect that the purpose of punishment will also be achieved in this way. The convicted person does not have to be the owner of the apartment or house in which he is to serve his sentence.
Is prison in house conditions always with electronic monitoring?
The answer is: no, the court determines in the judgment whether the prison in house conditions sentence will be carried out with or without electronic monitoring.
Who controls the execution of this sentence?
The execution of the prison sentence in home conditions is controlled by the commissioner of the Administration for the Execution of Alternative Criminal Sanctions within the Administration for the Execution of Criminal Sanctions.
How is the execution of this sentence controlled?
The commissioner checks the execution of the prison sentence in home conditions by unannounced visits and phone calls to a fixed phone number.
What are the rights of a convicted person?
A convict serving a prison sentence in home conditions has the right to stay outside the premises where he is serving his sentence for a maximum of two hours a day, to contact a doctor in order to provide necessary medical assistance to him or a member of his family household, to go to work, to take an exam, to perform seasonal agricultural work, etc. The convicted person submits an application for the exercise of rights to the commissioner.
Petition for execution of prison sentence in home conditions
Even if the court does not determine in the judgment that the prison sentence will be carried out in the premises where the convicted person lives, the Law on the Execution of Criminal Sanctions provides a “second chance” by submitting an application for the execution of the prison sentence in home conditions. This application is submitted after the verdict becomes final, until the prison sentence begins. The application is decided by the enforcement judge of the court that issued the first-instance judgment, that is, if the judgment was issued by the basic court, the decision is made by the enforcement judge of the immediately higher court.
Danilo Babić- lawyer in Novi Sad
