VOLUNTARY ABANDONMENT OF CRIMINAL OFFENSE - theory, practice and comparative law - Cover Image

DOBROVOLJNI ODUSTANAK OD KRIVIČNOG DELA - teorija, praksa, uporedno zakonodavstvo -
VOLUNTARY ABANDONMENT OF CRIMINAL OFFENSE - theory, practice and comparative law -

Author(s): Dragan Jovašević
Subject(s): Law, Constitution, Jurisprudence
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: perpetrator; decision; action; abandonment; voluntary; criminal sanction

Summary/Abstract: Several stages can be differentiated in the process of commission of criminal offence. The first and obligatory stadium, for which there is no punishment in contemporary criminal law, is the making of decision to commit a criminal offense. Sometimes the actualization of this decision requires certain preparatory activities. They comprise various activities by which conditions and preconditions are created for the ommission of criminal offense. After making the decision and creating convenient preconditions, the perpetrator commits the actual criminal offence (either by acting or by failing to act) in order to cause the consequence on the subject of his attack. However, it is possible that the perpetrator, due to various reasons, changes his mind although he has already started or even completed the activity that is incriminated as a criminal offence by the law and abandons further commission of criminal offense. That is known as voluntary abandonment of criminal offense, which is well known in numerous contemporary criminal legislations that consider it particularly important as a ground for the mitigation of punishment or even complete remittance of punishment for the perpetrator of a criminal offence that has not caused consequences in the outer world. The definition, characteristics, conditions, nature and significance of voluntary abandonment of criminal offense in theory, judicial practice and contemporary criminal legislation are discussed in this paper.

  • Issue Year: 7/2014
  • Issue No: 13
  • Page Range: 50-74
  • Page Count: 25
  • Language: Serbian