O krivnji i pravnoj zabludi u našem uporednom krivičnom pravu
On Guilt and Legal Misconception in Our and Comparative Criminal Law

Summary/Abstract: The author draws attention to several complex issues that are related to the conceptions of guilt in the criminal law and their influence on the understanding of legal misconceptions in domestic and comparative criminal law. In that sense, he primarily presents the basic understandings of the notion of guilt and material criminal law. After that, the author presents the issues of guilt in the comparative criminal law, emphasizing solutions related to the problems discussed, which are present in the current criminal legislation in the area of former Yugoslavia. The author concludes the first part of the work by discussing the issue of guilt in the domestic criminal law de lege ferenda. In the second part of the work, the author deals with the issues of legal misconception and its criminal-justice conceptions. In that sense, the author primarily determines the notion of penal institutions, emphasizing the possible criminal-justice effects. The author then deals with the issues of organization of the institute in the comparative law and ends his expose with a reflection on the institute of legal misconception related to the solutions present in the domestic criminal law, at the same time stressing the need for and the possibility of a better, more contemporary and more just organization of that institute in our criminal law de lege ferenda.

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