Community Service as an Alternative Criminal Sanction

Punishment, in the form of deprivation of liberty, has justified its existence and its place in the system of criminal sanctions and will remain the most convenient tool for combating the most serious forms of crime. However, contemporary legislation increasingly leaves room for alternative criminal sanctions that are useful in combating less serious crimes. Their role and importance are manifold. They are valuable as a substitute for prison sentences, particularly short-term ones, because the damaging consequences of the use of short prison sentences prevail over their expected benefits. They are not only beneficial to the offender and the state, but also ensure satisfaction for the victim, or at least for some victims. This paper focuses on alternative criminal sanctions in general, emphasizing their various advantages and disadvantages. One part of the paper is devoted to analysing the situation in the legislation and practice of the countries of the former Yugoslavia when it comes to community service. The central focus is on community service, in particular its status and use in Montenegrin criminal legislation. In addition to an analysis of the legislation and a critical analysis of the deficiencies in regulating this sanction, the author also focuses on problems with the use of community service in practice that have led to its underutilization.