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Pregledni rad

https://doi.org/10.54070/hljk.30.2.6

A Critical Review of the Criminal Offence of Threa

Igor Vuletić *
Sanja Šimleša

* Dopisni autor.


Puni tekst: hrvatski pdf 417 Kb

str. 371-399

preuzimanja: 3.147

citiraj


Sažetak

The criminal offence of threat is relatively common in judicial practice, yet it has not been the subject of systematic scientific debates in recent Croatian criminal law literature. The authors of this paper aim to fill this gap by analysing the characteristics of each form of the offence of threat, as regulated by Article 11 of the Croatian Criminal Code. They base their analysis on a teleological interpretation of the provision and on available recent case law, thus shaping and proposing standards for interpreting the elements of this offence. Special attention is devoted to issues of receiving and the apparent reception of a threat in relation to selected acts of violence. The authors also address the issue of the relationship between criminal and misdemeanour liability in cases of threats. Finally, the authors propose legislative changes de lege ferenda.

Ključne riječi

threat, fear, punishment, concurrence, intention, serious threat

Hrčak ID:

313083

URI

https://hrcak.srce.hr/313083

Datum izdavanja:

5.12.2023.

Podaci na drugim jezicima: hrvatski

Posjeta: 3.751 *