INSTITUT ACTIONES LIBEREA IN CAUSA KOD KRIVIČNIH DJELA UGROŽAVANJA JAVNOG PROMETA ZBOG OMAMLJENOSTI
INSTITUTE ACTIONES LIBEREA IN CAUSA REGARDING THE CRIMINAL OFFENSE OF ENDANGERING PUBLIC TRANSPORT DUE TO DIZZINESS

Summary/Abstract: Voluntary intoxication (rom. actions liberae in causa) is a special institute substantive criminal law and indicates the action of a free decision, but not free to perpetrate, and represents an exception to the rules of the lack of criminal responsibility because of the lack of the element of accountability. This institute is very often occurs in the crimes of endangering public transportation due to stupor, because these acts are mostly committed in a state of mental incompetence or significantly reduced mental capacity due to the effects of alcohol, narcotics, drugs and other psychotropic substances similar effects, which are in great cases occur as a criminogenic factor of traffic accidents. The aforementioned criminogenic factors are rarely introduced into the human body in a state of delusion or through coercion. Specifically, a person is most substances knowingly consumed, and thus becomes unreliable potential perpetrator. Therefore, the legal theory and practice took the view that it takes such a perpetrator and sanctioned accordingly negative consequence that it life, health or property by large scale challenges, and the way that his mental capacity, and awareness of the possibility of committing the crime of “measures” at the moment of consumption of alcohol and other controlled substances that have a negative effect on psychomotor ability of the organism, and therefore to a safe ride. Considering the fact that criminal responsibility is one of the main institutes of substantive law, given that the same is the condition for the very existence of the crime, the author of this review within the scientific article analyzes in detail the concept of voluntary intoxication in criminal law, and in particular it leads to a correlation with crime acts jeopardizing public transport because of stupor. The scientific article is based on trying to enrich legal theory scientific knowledge related to the existence and implementation of the above mentioned institutes in practice. Very important to take a legal view that any perpetrator who himself leads the wayward state exhibiting modern way of life that carries with it a certain tendency towards consumption of dangerous substances by physical and psychological well-being, cannot be exempted from liability for their acts performed in this state if they carry with them an element of social dangers and unlawfulness, and if the same impair the safety and stability of the community. The protective function of the criminal law should be most pronounced in the protection of human life, so the hypothesis that each insanity precludes the existence of a criminal offense should not be accepted as such in any criminal justice system.

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