Original scientific paper
https://doi.org/10.3935/zpfz.70.1.03
Analysis of Some Features of Excusing Necessity – Selected Questions of Excuse Requirements and Exclusions
Barbara Herceg Pakšić
orcid.org/0000-0002-7052-928X
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia
Abstract
The continuing developmental transformation of necessity as a pivotal criminal law institute leads to numerous open questions for jurisprudence and the judiciary. The latest developments in Croatian criminal law have resulted in a partial but significant transformation of the previously adopted differential effect. The Criminal Code has accepted a change to this effect from a justifiable necessity and one that exempts from punishment to justifiable and excusing necessity. The latter is part of a more significant intervention in Croatian criminal law dogmatics under the influence of the normative culpability theory. This paper deals with selected open questions regarding excusing necessity, concerning the preconditions and limitations (or exclusions) of the intended legal effect of the specific duty of danger acceptance, the culpability for state of necessity, the colision of protected rights, the provision of necessary assistance, and the appropriate protected rights. The Croatian legislator has decided to introduce a relatively extensive excusing necessity, so we analyze the accepted solution and specific directions of a possible de lege ferenda change.
Keywords
excusing necessity; excusing grounds; criminal law; exclusion of culpability
Hrčak ID:
238490
URI
Publication date:
25.5.2020.
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