Prepovedana posledica ali objektivni pogoj kaznivosti pri izbranih inkriminacijah

slovenian

2018

volume 44, issue 6/7

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

In the Slovenian Penal Code, KZ-1, some (not so rare) criminal offences are described in such a way that there are no uniform views on the exact nature of the individual parts of the description of the criminal offence, neither in the criminal law doctrine nor in case law. It is therefore stipulated that the legal description is to be regarded as prohibited consequence of the criminal offence or (mostly) the objective condition of criminality. For example, while in the case of a criminal offence of killing (Article 115 KZ-1), it is quite unambiguous that the consequence of such action is the death of someone, a criminal offence of participation in a fight (Article 126 of the KZ-1), on the other hand, is an archetypal case (also in comparable criminal codes of neighbouring criminal law systems) of a criminal offence with an objective condition of criminality, a traffic accident in which someone receives a serious bodily injury (Article 323 KZ-1), the spread of infectious diseases (Article 177 KZ-1), and significant deterioration of health (Article 179 KZ-1) are described in criminal norms whose (legal) nature is prompts numerous doctrinal discussions. The purpose of this paper is to highlight certain problems that such a legal ambiguity can bring, while offering a solution that is quite simple and comparatively legally accepted - i.e. to replace objective conditions of criminality with prohibited consequences in the form of a description that legal goods are endangered.

25.03.2020