Original scientific paper
Grounds of excuse in criminal law: the new face of exceeding the limits of self-defence
Barbara Herceg Pakšić
; Pravni fakultet, Sveučilište Josip Juraj Strossmayer, Osijek, Hrvatska
Abstract
With the entry into force of the Criminal Code in 2013, the conception of guilt changed signifi cantly. By focusing on normative theory and its consistent application, two grounds of excuse were introduced into the general part of criminal law: the excuse of exceeding the limits of self-defence and the excuse of the state of necessity. This necessarily meant changing the former provision of elements of guilt, where the fourth, negative element was added: the absence of grounds of excuse. The introduction of this novelty, specifi cally regarding the scope and practical effect that is refl ected in the possibility of acquittal, is rare in criminal law so it deserves a more detailed scientific elaboration. Given that enough time has passed since the relevant provision entered into force, paraphrasing the principle of the necessary defence of the Digest of Justinian (vim vi repellere licet), the paper examines criminal law absolution and the first outcomes of its reception in Croatian case law. The task of this paper is to answer open questions about the grounds of excuse and to point out the diffi culties of application that have been identifi ed as a result of a misunderstanding of the purpose of these provisions.
Keywords
criminal law; grounds of excuse; exclusion of guilt; exceeding the limits of self-defence; excuse of severe fright
Hrčak ID:
218953
URI
Publication date:
12.12.2018.
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