КРИВИЧНОПРАВНИ ЗНАЧАЈ МРЖЊЕ-ЗАКОНОДАВСТВО, ТЕОРИЈА И ПРАКСА ДРЖАВА БИВШЕ СФРЈ
CRIMINAL LEGAL IMPORTANCE OF HARTED- LEGISLATION AND THEORY AND PRACTICE OF THE FORMER SFRJ

Summary/Abstract: A large number of criminal acts in positive criminal legislation are committed by schoolchildren with a special type of motivation - hatred. Incitement, by the way, is the internal drive of a person to undertake an action that results in a criminally relevant consequence that is prescribed by law as a criminal offense. Therefore, modern criminal legislation foresees incitement in several places. First, the motive, i.e. its characteristics, nature and effect, is a circumstance (aggravating if it is hatred) when sentencing the perpetrator of the crime. Second, some legislation, e.g. Serbia has gone a step further and foresees the incitement as an aggravating circumstance that leads to mandatory heavier punishment - beyond the criminal range of the prescribed sentence. Thirdly, motive is a feature of the existence of certain criminal acts in a basic or qualified form. In that case, hatred represents an element of the basic offense or a qualifying circumstance, the existence of which gives the offense a more severe qualification, the perpetrator of which is punished with a more severe punishment. The paper examines the concept, elements, characteristics, nature and effect of hatred from the aspect of positive criminal legislation, as a special type of motivation in the legislation of the countries of the former SFRY, especially as circumstances of importance for sentencing.

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