Pregledni rad
https://doi.org/10.54070/hljk.30.2.4
Review of the Draft Proposal for the Eighth Amendment of the Criminal Code
Aleksandar Maršavelski
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Bruno Moslavac
Sažetak
The authors argue that the draft definition of femicide needs to be reformulated into the
gender-based murder of a woman and included in Art. 111 CC. The introduction of femicide as
an aggravated murder is perhaps not necessary, but it would send a strong message of general
deterrence to the public for this most serious form of violence against women and facilitate its
statistical monitoring. In this regard, the authors consider it important to define gender-based
violence as an aggravating circumstance for all criminal acts. The authors also express the
view that the proposed incrimination related to Art. 307.a CC overlaps with the criminal offence of violation of the secrecy of proceedings under Art. 307, paragraph 1 CC. At the same
time, they believe that it would be desirable to explicitly regulate overriding interest as a reason
for excluding illegality, or will it be applied by analogy to Art. 300, paragraph 2 CC in favour
of the perpetrator, which is permitted (in favorem bonam partem). The authors further argue
that the proposed additional tightening of the prescribed penalties for sexual offences should
be abandoned because this will create an imbalance in relation to other criminal offences. In
addition, they argue that it is necessary to specify the description of the criminal offence of
abuse of women under Art. 179.a CC to prevent misdemeanours from being considered criminal offences. For the conclusion, the authors also critically analyse the remaining provisions of the proposed Novella concerning the offence of sexual harassment and the new criminal offence of
animal abandonment.
Ključne riječi
Hrčak ID:
313081
URI
Datum izdavanja:
5.12.2023.
Posjeta: 341 *