Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2017, vol. 51, No. 1, pp. 225–249
Language of the paper: Serbian
Overview paper
udk: 343.434(497.11)
doi: 10.5937/zrpfns51-13943
Author:
Svetlana Mijović, Ph. D. Student
University of Belgrade
Faculty of Law Belgrade
svetlanamijovic1987@gmail.com
Abstract:
This paper considers the constituent elements of the criminal offense of endangering personal security under Article 138. of the Criminal Code. Although, this criminal case has existed for many years in our criminal legislation, certain dilemmas when it comes to its elements are still present, both in theory and jurisprudence. Therefore, special attention is dedicated to the subject of execution and the consequence of this criminal offense, as well as its subjective element. The author’s views on these listed important elements of the criminal offense of endangering personal security are presented by pointing out current dilemmas that appear in their use, therefore a few typical court decisions are chosen and analyzed, mainly those that vary from the accepted practice, after which appropriate conclusions and suggestions de lege ferenda are given. The author’s attitude towards qualified forms (difficult one and the most severe form) of this criminal offense, whereby the accent is put on the criteria for demarcation of legal circumstances and the issue of feasibility of providing enhanced criminal protection to persons who administer political and judicial duty, and businesses in the field of public information. Finally, when it comes to the relationship between criminal offense of endangering personal security and its related criminal offenses, the focus of the author’s interest are complex issues of distinction between the ideal and real concurrence, as well as broader question of criminal political justification of establishing offender’s responsibility for multiple offenses if they emerge from the same life event.
Keywords:
endangering personal security, threat, feeling of insecurity, jurisprudence, legislative reform.