STAROSNA GRANICA SPOSOBNOSTI ZA SNOŠENJE KRIVICE U KRIVIČNOPRAVNOM SMISLU
AGE LIMIT FOR THE ABILITY TO BE GUILTY IN CRIMINAL LAW

Summary/Abstract: In his article the author uses the expression „age limit for the ability to be guilty“ (that is the most important part of the title of the article too), although usually criminal law terminology in the area of juvenile justice system (especially in English translation), is „minimum age for criminal responsibility“. This is because of the general notion and normative explanation of the crime, i.e. criminal offence, defined in the Criminal Code of Serbia (Article 14) and because of the expression and notion „criminal responsibility“ which does not exist any more in new Serbian Criminal Code from 2006. A criminal offense is an action or failure to act that the law defined as a criminal act, unlawful and committed with premeditation or out of negligence. A criminal offense shall not exist if unlawfulness or guilt has been excluded, although there are all major features of a criminal offense defined by the law. Because it is not possible to found a guilty of a person who at the time of commission of the criminal offence has attained fourteen years of age and has not attained eighteen years of age, in formal sense the act of that person is not a criminal act, i.e. it is not a criminal offence.

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