Original scientific paper
https://doi.org/10.3935/zpfz.72.4.04
A Look Inside Misdemeanor Law Through the Prism of Culpability: A New Concept on the Way?
Barbara Herceg Pakšić
orcid.org/0000-0002-7052-928X
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia
Abstract
Misdemeanor law belongs to legal branches that are most prevalent in the daily lives of citizens. However, discussions on the challenges of the misdemeanor legal system, especially the general part, have traditionally been neglected in the Croatian legal scientific discourse. This paper deals with an analysis of appropriateness of the determination of culpability in the misdemeanor law of the Republic of Croatia. In search for answers, we have put forward three hypotheses. The first is the affiliation of misdemeanor law to criminal law, the second is the presumption that subjective liability is an appropriate form of liability, and, finally, the third is that the concept of culpability in misdemeanor law can be improved. In this regard, we discussed the most important issues and confirmed all three hypotheses. In deciding whether misdemeanor law belongs to administrative law or criminal law, the prevailing view is that it belongs to criminal law in a broader sense, which implies the need to comply with its fundamental postulates. Strict liability is marked as a non-functional choice, and we adhere to subjective liability, as a contemporary form of liability that better suits the repressive mechanisms of the legal system. Culpability, its principle, and content in misdemeanor law were analyzed through a comparison with recent achievements of criminal law as well as selected solutions of comparative law, and we pointed out the shortcomings of the current solution, indicating points for improvement. This primarily refers to the necessity of reformulating the culpability principle and the potential introduction of misdemeanor reasons for excuse.
Keywords
misdemeanor law; criminal law; culpability; grounds of excuse; incapacity; culpability forms
Hrčak ID:
281832
URI
Publication date:
1.9.2022.
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