PRISTANAK POVREĐENOG
CONSENT OF THE INJURED

Summary/Abstract: The aim of this paper is to point out the legal significance of the consent of the injured party (injured person, victim) in criminal law. In criminal legal theory, this institution appears as "irrelevant" in terms of criminal legal implications. However, it is a fact that in certain situations the issue of the consent of the injured person can "turn" into a serious criminal legal problem. The consent of the injured person can be the basis for the exclusion of the criminal offense, or as a basis for the constitution of lighter forms of the criminal offense, for milder punishment or as a condition for initiation of criminal prosecution by the prosecutor (principle of officiality, proposal of the injured party and private lawsuit). In medical practice, for more difficult and complex medical interventions, the patient's consent is required, so that later there is no question of the existence of a criminal offense of physical injury. In this context, relevant issues related to consent are analyzed, such as: informing the patient, scope, time and method information and the procedure and form of giving consent by the patient, in which case this consent is considered a valid consent of the patient to perform medical intervention. In sports competitions, characteristic sports are presented where injuries can be expected, to which the competitor agrees, aware of their possibility. Examples from judo sports and boxing will be analyzed. Judo competitions through the allowed "suffocation technique - shime waza", which aims to "cut off" the supply of oxygen to the brain, which can cause damage to the athlete's health, or a more severe consequence.

• Details
• Contents