Professional paper
https://doi.org/10.54070/hljk.28.2.12
Recidivism of Traffic Offences as a Violation of the Right to Life
Ivana Đuras
; Ustavni sud Republike Hrvatske, Zagreb, Hrvatska
Abstract
The recent judgment of the European Court of Human Rights in Smiljanić v. Croatia of 25 March 2021, application no. 35983/14, adopted the request of the parents of a person killed in a traffic accident caused by a traffic offence recidivist due to the ineffective application of traffic safety regulations, which constitutes a violation of Article 5 of the Convention – the right to life. Violation of the right to life in material and procedural terms was established because domestic law did not provide an appropriate regulatory framework for punishing perpetrators of traffic offences who frequently repeated them, which led to public distrust in respecting the rule of law and in the ability of authorities to prevent similar illegal acts. The paper indicates that a (too) mild penal policy in the field of traffic offences does not fulfil the requirements of special and general prevention.
Keywords
multiple recidivism; traffic; crime; life; death
Hrčak ID:
275243
URI
Publication date:
1.12.2021.
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