IZMEĐU KAZNE I REPARACIJE: NAČELO OPORTUNITETA KRIVIČNOG GONJENJA I ZAŠTITA ŽIVOTNE SREDINE U KONTEKSTU ODRŽIVOG RAZVOJA

Abstract

This paper examines the application of the principle of prosecutorial opportunity (opportunitas) in criminal proceedings in the Republic of Serbia, with a particular focus on environmental crimes. The author analyzes the legal framework and practical implementation of conditional non-prosecution, highlighting the growing importance of this mechanism in enhancing procedural efficiency. Special emphasis is placed on the prosecutor's discretionary role in assessing the public interest and the types of imposed obligations, including financial payments, damage restitution, and community service. Based on data from 2020 to 2022, the analysis reveals that financial contributions are the most commonly imposed measure, while obligations with direct environmental impact are largely underutilized. Regional discrepancies in prosecutorial practice further emphasize the need for harmonization. The paper concludes that while the opportunity principle represents a valuable tool in Serbia’s criminal justice system, its potential in addressing environmental crime remains underexploited. A shift toward restorative justice measures is advocated as essential for achieving sustainable development goals.