Pregledni rad
Criminal Protection of Religion in Croatia and Slavonia at the Turn of the 20th Century
Dunja Milotić
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
This paper presents and analyses the provisions of the Criminal Code on crimes,
misdemeanours and contraventions of 27 May 1852, which guaranteed criminal protection of
religion in Croatia and Slavonia at the turn of the 20th century. In accordance with a tripartite
division of criminal behaviour into crimes, misdemeanours and contraventions, serious cases
of offences against religion are prescribed in the crime of disturbance of religion (§ 122). This
crime included blasphemy, disturbance of state-recognised religions and sacrilege, incitement
to apostasy from the Christian faith, and spreading disbelief or doctrine contrary to the
Christian religion. Less severe cases of religious offences are prescribed as misdemeanours
against public peace and order: insults against the recognised church or religious community
(§ 303) and promoting a religious sect declared by the state as inadmissible (§ 304). In addition
to the normative framework, the paper presents and discusses only the relevant jurisprudence,
that is, only those cases which influenced court practice regarding religious offences. These are
primarily judgments of the Supreme Court, as well as cases highlighted in the commentaries
on criminal law and textbooks as relevant to the judicature. When criminal behaviour for some
reason could not be subsumed under the provisions of the Criminal Code, the protection of
religion was to be achieved by police administrative law. Finally, an analysis of the available
statistical data indicates the prevalence and frequency of religious offences in Croatia and
Slavonia, as well as the policy for their punishment. Religious offences accounted for a very
small share of total criminality, and judicial policy for their punishment was very mild.
Ključne riječi
Criminal Code on crimes; misdemeanours and contraventions of 1852; crime of disturbance of religion; misdemeanours against religion; state recognised and unrecognised religions; statistical data on religious offences; Croatia and Slavonia
Hrčak ID:
232678
URI
Datum izdavanja:
1.10.2019.
Posjeta: 1.102 *