KRIVIČNO DELO PRINUDNOG ZAKLjUČENjA BRAKA U ZAKONODAVSTVU SRBIJE SA OSVRTOM NA REŠENjA U ZEMLjAMA EU I MEĐUNARODNOM KRIVIČNOM PRAVU

Abstract

In the Republic of Serbia, in 2016, amendments to the Criminal Code prescribed the criminal offense of forced marriage on the basis of the obligations assumed by the ratification of the so-called Istanbul Conventions. As more or less similar incrimination exists in other European countries, the aim of the paper is to point out the basic characteristics of this solution, but also to show the etiological-phenomenological dimension of forced marriage, in order to understand the new incrimination, but also tojustify its introduction. This is due to the fact that in some European countries, although they support the criminalization of forced marriage, it is pointed to the fact that the application of criminal law does not solve the problem of forced marriage. For the sake of understanding forced marriage, it was pointed out to its definition in international criminal law, where it is considered as one of the actions of crimes against humanity.