THE CRIMINAL OFFENCE AND THE MINOR (DISCIPLINARY) OFFENCE Cover Image

КРИВИЧНО ДЕЛО И ДИСЦИПЛИНСКИ ДЕЛИКТ
THE CRIMINAL OFFENCE AND THE MINOR (DISCIPLINARY) OFFENCE

Author(s): Aleksandar Mihajlovski
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Правни факултет Универзитета у Београду

Summary/Abstract: The question of explanation and differentiation between the criminal offence and the minor (disciplinary) offences, as a relatively light form ot legally prohibited conduct, it may be freely stated here, in our science at least, has completely been neglected. There is indeed no excuse for it. On the contrary, today, when disciplinary responsibility, in the conditions of the present day, has become a more significant form of legal responsibility, it has become necessary to analyse the question of the relation between the disciplinary offence and the criminal offence, which is considered to be the most severe form of responsibility in the legal order. The author has attempted to analyse the relation between the criminal offence and the disciplinary' offence, seeking to reveal their complementary' features as well as the difference between them in respect of all the questions which are significant for the establishment of the concent of a legal offence (delict): the object, the social endangerment, the offender (age, accountability, guilt), and sanctions. It should be particularly stressed here that the author, adhering to materialistic legal method, has paointed to the fact that main criterion for the conceptual differentiation between the criminal offence and the disciplinary offence is the degree of endangerment to society and legally protected property and values by these two offences.

  • Issue Year: 32/1984
  • Issue No: 3-4
  • Page Range: 430-446
  • Page Count: 17
  • Language: Serbian