Review article
CONCEPTUAL DEFINITION AND THE SCOPE OF INABILITy TO DEMAND DIFFERENT BEHAVIOR WITHIN THE SySTEM OF GROUNDS OF ExCUSE IN THE CRIMINAL LAW
Barbara Herceg Pakšić
; Faculty of Law Osijek
Abstract
This paper presents a conceptual definition of inability to demand different behavior as a new doctrine in Croatian criminal law. This doctrine represents the base ground for application of grounds of excuse, which were introduced by the new Criminal Code. Paper includes the formation, affirmation and development of this doctrine, emphasizing the specific role within the omission and negligence. The author also provides a proposal for more precise linguistic expression as well as guidelines for more adequate interpretation of this doctrine in the future.
Keywords
criminal law; culpability; grounds of excuse; inability to demand different behavior
Hrčak ID:
134239
URI
Publication date:
30.12.2014.
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