A Critical Review of the Institute of Multiple Recidivism in the Modern Criminal Law of the Republic of Serbia: The Controversy of the Current Legal Solution and Possible Solutions

Abstract

After being derogated several times, the institute of multiple recidivism was re-incorporated into the Republic of Serbia’s positive criminal legislation with the intention of giving intentional perpetrators of crimes punishable by imprisonment, who were previously convicted at least twice for criminal offenses committed with intent to imprisonment for at least one year, harsher penalties and disabling them from committing criminal offenses in the future. Numerous disputed scenarios required national jurisprudence to find solutions, with the challenges of calculating the criminal range and the level of the lower threshold of the imposed criminal sentence standing out in particular.