Original scientific paper
https://doi.org/10.54070/hljk.29.2.5
CRIMINAL OFFENCE OF VIOLATION OF THE RIGHTS OF THE CHILD: CURRENT LEGAL ISSUES
Igor Martinović
; Sveučilište u Rijeci Pravni fakultet, Rijeka, Hrvatska
Abstract
This paper seeks to provide an interpretation of the criminal offence of violation of the
rights of the child prescribed in Article 177 of the Croatian Criminal Code, with an emphasis
on controversial issues that appear in everyday legal practice. First, the issue of legally protected good is investigated to set the framework for a systematic and teleological interpretation.
Next, the history of this legal provision is presented with the aim of creating a basis for historical interpretation. In the main part of the paper, specific elements of this criminal offence
are analysed. Particular attention is paid to the acts of neglect and child abuse. The question
of the perpetrator’s intention is also addressed, as are complex issues which appear in situations where one and the same act constitutes an offence against several statutory provisions. Finally, the principle of ne bis in idem and the positive obligations of the state in the context of this criminal offence are considered, with the conclusion that a radical interpretation of the principle of ne bis in idem is no longer acceptable. Throughout the paper, the case law of Croatian courts and the ECtHR is presented and analysed, including the recent case of Galović v. Croatia
Keywords
violation of the rights of the child, child neglect, child abuse, ne bis in idem
Hrčak ID:
288483
URI
Publication date:
29.11.2022.
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