НОВИ ОБЛИК УСТАНОВЕ BENEFICIUM COHAESIONIS У ЗАКОНУ О КРИВИЧНОМ ПОСТУПКУ ОД 1976. ГОДИНЕ
NEW FORM OF THE INSTITUTE OF BENEFICIUM COHAESIONIS IN THE 1976 LAW ON CRIMINAL PROCEDURE

Summary/Abstract: Four sections are elaborated in. this study concerning the treated subject matter, namely: legal regulation of thé institute of beneficium cohaesionis, relevant theoretical considerations, a new definition, legal nature and significance of that institute, as well as its place in the system of criminal-procedural notions. The author singles out two ways of legal regulation of the beneficium cohaesionis, namely the express one and the one using the analogy. The first way is analyzed both in the text of the 1976 Law on Criminal Procedure and in the previous legislation. Particularly explained is the difference noted by the author between the modified and unchanged analogy, not only in relation to the institute of the beneficium cohaesionis, but also as a general way of legal regulation of various situations. In making theoretical analysis of the institute of beneficium cohaesionis, the author primarily treats the former attitude concerning its unique form, while criticizing the works published after 1976 because of omission to elaborate the new form of the institute in the appeal against the second instance judgment and the appeal with, the Federal Court. The author then elaborates her own attitude concerning various forms of the institute at issue. The new definition of the beneficium cohaesionis includes all its forms, conditions for application and relevant legal effects. According to its legal nature, this institute is classified into the fictions, while its significance relates to its invoking a subjective extension of considering the judgment outside the appeal. In the conclusion of the study the author explains the motive of her critical approach to the study of the institute of beneficium cohaesionis, which relates to the need of formulating generally acceptable scientific notions, which may not be contradicted by using the elements of incompleteness and partialness.

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