КРИТИЧКИ ОСВРТ НА ТРИПАРТИЦИЈУ TOME ЖИВАНОВИНА
A CRITICAL REVIEW OF THE THREE — PARTITE CONCEPTION OF TOMA ŽIVANOVIĆ

Summary/Abstract: In this article, the author reviews the three-partite conception of Toma Živanović from one aspect only: the aspect of whether it »covers« all the most important elements of criminal law comprising it (the criminal offence, the offender, and the sanction). Aa a result, the author comes to the conclusion that the passive factor has been left out. Before setting forth her own conception of this system, which includes the passive factor •i.e. the victim (in addition to the criminal offence, and the sanction), eliminating the above mentioned omission, the author explains the meaning of the integral three-partite conception of Toma Živanović. She underlines the motivation inducing the creation of this theory. She goes on to mention the variations of this theory, as well as their critical assessment. Objections (criticism) to these variations could be made: a) in respect of the incorrect sequence of the basic elements; b) in respect of their omitting of all the characteristics of the offender. A separate part is devoted to the opinions and assessments of the works of Toma Živanović in the legal philosophy. The author mentions analysis of text-books of criminal law in regard to the determination of whether the three-partite theory has been accepted or rejected as a basis for the systematics of the part of the theory of criminal law dealing with general principles — the definition of the concept of the criminal offence — or for discussion in the part of the theory of criminal law dealing with separate issues. The author also analyses, from the aspect of the three-partite theory, the systematics of that part of the theory of criminal law in Yugoslavia dealing with general principles. Justification for her idea of a more complete formulation of the three-partite conception (factor of criminal offence, instead of only the offender), the author seeks in the provisions of the criminal law, as well as the demands of legal science that all its main concepts should have the form of generality and completeness.

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