Zbornik, Vol. 42 No. 1, 2021.
Prethodno priopćenje
https://doi.org/10.30925/zpfsr.42.1.4
INFANTICIDE IN THE CRIMINAL CODE OF 1852 LEGAL REGULATION AND THE COURT PRACTICES IN CROATIA AND SLAVONIA
Dunja Milotić
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Mateo Vlačić
; odvjetnički vježbenik, Zagreb, Hrvatska
Sažetak
The paper at hand explores the legal rules addressing the infanticide in the Criminal Code of 1852 in course of its application in Croatia and Slavonia from 1852 to 1929 (after which it was substituted with the Criminal Code for the Kingdom of Yugoslavia). The paper provides an insight into the legal regulation and legal regimes concerning infanticide of the time. Additionally, the paper goes beyond the legal rules by associating the hypothetical legal regimes of infanticide with the legal practice, i.e. with actual cases of infanticide which were brought before the relevant or highest courts in these lands, or even before the Cassation court in Vienna. Although the legal practice was never considered as the formal source of law, it substantially directed the courts’ decisions and stimulated the emergence of the relevant court opinions that addressed the unclear or disputed matters in the field of application of the Criminal Code in the field of infanticide. The author refers to the relevant commentaries of the Criminal Code and the books written by the relevant authorities because they emphasized the importance of the key meaning of certain legal rules or the courts’ decisions, which essentially clarified the definition of infanticide, its legal nature and most recognizable characteristics. The actual court cases reveal motives and means by which the criminal act was committed. They provide an insight into the specific personal, social and demographic background of women who committed infanticide. The research which is written down in this paper substantially relies on the reliable statistical data that may be utilised as the method of criminalistics research. Such method recovers the widespread and the frequency of occurrence of that crime in the territories of Croatia and Slavonia. The data at hand, of course, do not provide a full image because there are many indications that “the dark numbers” concerning this particular type of criminality were high, i. e. even higher than the cases which eventually came before the courts and were therefore recorded in the official criminal statistics.
Ključne riječi
infanticide; Criminal Code of 1852; Croatia and Slavonia; concealment of birth; legitimacy of a child; statistical data on infanticide
Hrčak ID:
257728
URI
Datum izdavanja:
24.5.2021.
Posjeta: 1.402 *