ПОТРЕБЕ И МОГУЋНОСТИ ДАЉЕ ИЗГРАДЊЕ ЈУГОСЛОВЕНСКОГ КРИВИЧНОГ ЗАКОНОДАВСТВА
NECESSITУ AND POSSIBILITУ OF REFORM OF YUGOSLAV CRIMINAL LEGISLATION

Summary/Abstract: The author deals with necessity and possibility of a fundamental reform of Yugoslav criminal legislation. Being of opinion that there is a social need for such a reform, as well as a unanimous tendency towards it in theory and practice, the author focuses the critical analysis of the actual criminal legislation on the basic principles of Criminal law: the legality principle, legitimity of criminal repression, equality of citizens before criminal justice and criminal responsibility. So far as the legality principle is concerned, cefinitions of certain offences should be revised and make more precise than they are, as well as relations of the general provisons of the Penal Code to its special parts and some statutes providing punishments for certain offences. The Legitimity of criminal repression should be carried on by reducing the zone of criminal behaviour, abolishing certain offences and redressing statutes on crimes into those of economic misdeaminonrs or violations, but also by maintaining certain punishments, such as capital punishment or confiscation of property or twenty years of prison. The equality of citizens in criminal justice is treated in connection with the concept of separation of legislating competences in Criminal law, but critisizing the constitutional provisions on that subject, while the criminal responsibility is treated by making comments on some of the general provisions of the Penal Code. In the seconc part of the article the author analyzes the Penal Code Reform Bill of the SFR Yugoslavia, which is soon to be discussed in the Federal Assembly.

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