Original scientific paper

MORAL AND CRIMINAL LIABILITY - COMMON ISSUES AND DIFFERENCES

Josip Grbac orcid.org/0000-0001-5773-8290 ; Theology of Rijeka, Dislocated Studies of Catholic Faculty of Theology, University of Zagreb, Rijeka, Croatia

Abstract

The author analyses some of the differences among the civil and the canon law regarding the moral dimension. These differences are evident in issues regarding the collaboration of the civil and ecclesiastical legal systems during the prosecution of some offences that are not exclusively under the jurisdiction of the Church law. Moral responsibility in respect to the penal responsibility is discussed in two instances: as a prerequisite for the penal liability, and as a separate unity. Besides elements of the consciousness, it presupposes freedom and will, and the conscience of man. In this sense, moral responsibility reaches beyond the penal liability, completing it, in particular because it always remains dialogical, in relationship to the other one. The consideration of the moral responsibility is an important factor, lest the juridical positivism takes over.

Keywords

delict; civil law; canonical law; penal liability; moral responsibility/liability; the question of evil

Hrčak ID:

76125

URI

https://hrcak.srce.hr/76125

Publication date:

9.1.2012.

Article data in other languages: croatian

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