Review article
https://doi.org/10.54070/hljk.30.2.6
A Critical Review of the Criminal Offence of Threa
Igor Vuletić
*
Sanja Šimleša
* Corresponding author.
Abstract
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.
Keywords
threat, fear, punishment, concurrence, intention, serious threat
Hrčak ID:
313083
URI
Publication date:
5.12.2023.
Visits: 3.482 *