KRIVIČNOPRAVNA ZAŠTITA ŽENA (FEMICID) U KRIVIČNOM ZAKONODAVSTVU DRŽAVA BIVŠE SFRJ
CRIMINAL PROTECTION OF WOMEN (FEMICIDE) IN THE CRIMINAL LEGISLATION OF THE COUNTRIES OF THE FORMER SFRY

Summary/Abstract: From the earliest times until today, all criminal legislations in the system of criminal protection of basic and the most important social goods or values foresee one or more forms or types of manifestation of the criminal offense of murder. It is unlawful taking (deprivation) of another person's life, which can be carried out by different actions or omissions, in different ways, by different means or for different motives of the perpetrator. Among serious, qualified forms of the criminal offense of murder with its specific object of protection, that is, the characteristic (personality) of a passive subject or victim, appears the murder of women. In legal theory, this criminal offense is called “femicide”. This offense qualifies: a) the characteristic of a passive subject - a female person, b) a special additional (supplementary) characteristic - pregnancy of a female person, c) the motivation of the perpetrator - hatred, based on the difference in gender, sexual orientation or gender identity, and d) the additional characteristic of a woman - as a member of the perpetrator's family or family household against whom “gender-based violence” was previously applied. The introduction of femicide into the criminal legislation of Bosnia and Herzegovina requires a change in social awareness of violence against women, as well as a particularly systematic and continuous education of all relevant entities. In most cases, femicide occurs in marriage, in shared household, and was preceded by a long-term abuse. Therefore, it is an imperative to strengthen national preventive mechanisms, and high quality and lasting psychosocial support for families which have problems. In accordance with this, the paper considers some issues of direct or indirect prescription of increased criminal responsibility and punishment for deprivation of life of a female person in the criminal law of Bosnia and Herzegovina, that is, in the comparative criminal law of the countries in the region.

• Details
• Contents