APPLICATION OF ELECTRONIC MONITORING: COMPARATIVE ANALYSIS, CURRENT SITUATION, CHALLENGES, AND FUTURE PERSPECTIVES IN REPUBLIC OF SERBIA

In contemporary society, the application of electronic monitoring (EM) as a form of supervision and control of criminal offenders has been enabled by technological advancements and the integration of digital technologies across various sectors, including the criminal justice system. Mass production, increased accessibility and the widespread application of information and communication technologies (ICTs) have facilitated the use of modern technologies in the implementation of certain criminal sanctions and measures. In the Republic of Serbia, the 2009 amendments to the Criminal Code introduced the possibility of using EM in the enforcement of specific non-custodial sanctions and measures against suspected or convicted offenders. EM may be employed in the following cases: for the execution of a custodial sentence not exceeding one year, served at the convict’s residence (house arrest); the enforcement of a measure prohibiting the accused from leaving their residence during the course of criminal proceedings or until the convicted offender is transferred to a correctional facility (house detention); and when the court determines that electronic monitoring is necessary as a condition of the offender’s release on parole. The methodological approach used in the paper required the application of normative, comparative and statistical methods to examine the EM concept and origins, analyze comparative legislation and normative solutions within the Republic of Serbia aimed at developing a sustainable legislative approach, and present empirical data on the application of EM in Serbia. Finally, the analysis of opportunities for improving ЕМ systems served as the basis for the authors’ proposals for its broader application as a mechanism for supervision and control of offenders within the criminal justice system in the future.