ДОБРОВОЉНИ ОДУСТАНАК И СТВАРНО КАЈАЊЕ DE LEGE LATA И DE LEGE FERENDA
VOLUNTARУ ABANDON AND GENUINE REPENTANCE DE LEGE LATA AND DE LEGE FERENDA

Summary/Abstract: The joint criminal-political substratum and the function of voluntary abandon and genuine repentance, and their differing legoslative positions, point at the need for reassessment of existing legal regulation of this matter. Voluntary abandon is a general ground for facultative exemption from punishment and this privilege may be granted to a perpetrator voluntarily preventing the finalizing of a criminal offence which has begun, while genuine repentance extends benefit to the perpetrator who has repared the consequence of a committed criminal offence, provided such treatment is specified for the offence at issue. Planned and abandoned reform of federal criminal law had some new solutions regarding two mentioned institutes. Comparative analysis indicates more flexible approach in extending benefit to a perpetrator "abandoning" his criminal act, even up to accepting the ineffective or inappropriate voluntary abandon. Most significiant novelties relate to voluntary abandonment which is distinguished from preparing the offence and from the attempt. In the first case there is an obligator}' exemption from punishment, while in the other only a facultative exemption is suggested. Genuine repentance is regulated in a general way - at the level of the "general" ground for facultative exemption from punishment, which ground is not restricted by the need for compensation of the consequence. Future law should provide for obligation}' exemption from punishment in cases of all forms of voluntary abandon, while the solutin suggested for genuine repentance seems to be adequate.

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