LEGAL-HISTORICAL OVERVIEW OF THE CORPORAL PUNISHMENTS IN SERBIAN LAW

Rad je rezultat istraživanja na projektu Pravnog fakulteta Univerziteta u Kragujevcu: „Usklađivanje pravnog sistema Srbije sa standardima Evropske unije”, koji se finansira iz sredstava Fakulteta.The subject of this analysis is the issue of corporal punishment in Serbian law, starting with Nemanjić Serbia, and up to the 70s of the XIX century, when corporal punishment was deleted from the penal system of Serbia. In Nemanjić Serbia, there were three types of corporal punishment, namely mutilation, branding and beating. For the regulation of these corporal punishments, the writer of Dušan's Code used Byzantine law as a model. Due to the Turkish occupation, the Nemanjić legal system was destroyed. Therefore, a new legal development on the territory of Serbia occurred only at the beginning of the 19th century. On this occasion, the penal system of insurgent Serbia is being built on European foundations. Thus, in terms of corporal punishment, in addition to the former punishment of beating, two of the harshest European penalties are prescribed - the so-called wheel and penalty of whipping. Punishments of the wheel and whip survived on the territory of Serbia until the 1850s, while, due to the severe renunciation of corporal punishment, the punishment of beating lasted until the 70s of the 19th century. Therefore, the paper made a legal-historical review of the development of corporal punishments and the reasons for their abolition.Publishe