Prethodno priopćenje
https://doi.org/10.32984/gapzh.11.1.7
„Delinquent“ Violence From the Perspective of Criminal Law and Criminology in Croatia
Anna-Maria Getoš Kalac
orcid.org/0000-0002-0016-764X
; Pravni fakultet Sveučilišta u Zagrebu
Petra Šprem
orcid.org/0000-0003-4396-6887
; avni fakultet Sveučilišta u Zagrebu
Sažetak
The close relationship between criminal law and criminology is a conditio sine qua non of any successful criminal law policy. However, these two closely related disciplines often have different perspectives on a particular phenomenon, as well as on human behaviour in general. The aforementioned is the result of both disciplines striving to achieve a different purpose within the same field of criminal sciences. On the one hand, criminal law determines which behaviour will be regulated by legal norms, in which case the perpetrator should be found liable for their violations, and provides sanctions for such behaviour. On the other hand, criminology studies delinquent behaviour in an effort to find answers to the questions on why, how and how often delinquent behaviour occurs. There can be no doubt that the phenomenon of violence, which is the traditional subject of criminological research, is the focus of criminal law as well. However, there are considerable differences between the perspectives regarding this phenomenon within those two disciplines. In the first part of the paper, the antagonism between criminal law and criminology with respect to the phenomenon of violence was examined. On the basis of obtained results, the authors analysed whether criminal law categories should be used in order to define and conceptualize violence when it is the subject of criminological research. In terms of physical violence, the authors point to the often uncritical takeover of legal terms, institutes and concepts in criminological research, with a lack of detailed insight into their purpose and their essential meaning within criminal law. In addition, the authors question the complementarity of criminal justice institutes and the empirical requirements for the criminological study of violence. The second part of the paper deals with “translating” criminal law institutes, defined in the general part of the Criminal Code, into the “language of criminology”, which is a necessary prerequisite for a holistic, authentic and rational exploration of violence as a social phenomenon rather than a legal category.
Ključne riječi
criminal law; criminology; physical violence; research
Hrčak ID:
247616
URI
Datum izdavanja:
10.12.2020.
Posjeta: 1.296 *