Guilt in the New Criminal Law
Krivica u novom Krivičnom zakoniku

Dragan Jovašević
2006 Glasnik Advokatske komore Vojvodine  
The concept of criminal offence has been defined in a different manner by the new Criminal Law of the Republic of Serbia. This fact has caused changes in the number of institutes in the general part of the criminal law, and especially in relation to guilt. The guilt is now considered as two-sided: 1) as a subjective element to the concept of criminal offense without which there is no criminal offence at all and 2) as the basis for the penalty and other criminal punishments.
more » ... sychological-normative definition of guilt is now predominant when defining the guilt and this leads to changes in the status and importance of criminal irresponsibility and legal error of the offender, which are now the legal basis to exclude the guilt, i.e. subjective basis for the exclusion of the criminal offence. This paper deals with the concept and characteristics of guilt, as one of the most significant concepts of the criminal law in general.
doi:10.5937/gakv0609475j fatcat:ffkqyit2jng65nlpviovxknbsy