Aim: With reference to the recently issued government decree on the different application of certain provisions relating to the enforcement of penalties against foreigners, the study examines the possibilities that can prevent criminal proceedings against foreigners in all cases where the purpose of enforcement can be secured by the use of aliens’ measures.
Methodology: The study describes and analyses the government decree on the different application of certain provisions on foreigners in the enforcement of penalties and explores the possibilities to achieve that in certain cases crimes committed by foreigners can be dealt with in aliens’ proceedings.
Findings: The main finding is that alien prosecutions can significantly reduce the number of prosecutions of foreign nationals. The study makes concrete suggestions on how to replace criminal proceedings against foreign nationals with aliens policing measures through proposals for legislative changes.
Value: The value of the study can be demonstrated in the specific proposals made for legal amendments allowing alternatives to the conduct of criminal proceedings against foreigners, starting from a new legal institution, based on the suspension of the imprisonment of foreign convicts.