The Criminal Code of the Republic of Serbia has been amended several times in the last few years. These are significant amendments that change the recognizability of criminal law and raise other issues related to legal certainty and the guarantee function of criminal law. The aforementioned amendments were mainly of a retributive nature. As well, new amendments to the Criminal Code are currently being announced, which are also of a retributive nature. Considering that criminal law is based on the principle of legality and represents the “ultima ratio” instrumentality, short-term, sudden and significant amendments to the Criminal Code raise the question of their legitimacy, as well as the issue of violating legal certainty. The above issues are the subject of research in this paper, and significance of the research is in understanding the law and the concept in which the criminal law of the Republic of Serbia operates. The methods applied in the paper are the normative method and documentary analysis.
Mirsen Alibašić (Wed,) studied this question.
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