Gravity of the Act as an Effective Tool for Diffe-rentiation between Traffic Crimes and Offences or Just Another Stumbling Stone

Year 2016, Volume: 4 Issue: 1, 77 - 90, 03.08.2017

Aleksander Karakaš

Abstract

After refreshing basic knowledge about the states right to pu-nish and to define when and how it will be the particular conduct punished and then through well known different approaches in the delimination between crimes and offences, our efforts in this article are focused on question, how to establish prior mentioned distinc-tion in cases where the road safety is on the line. Namely if the we-ight of some individual act is by prevailing quantitative delimitation its main distinctive sign, there must be taken into account not only its outcome, but also perpetrators conduct, which could be more or less risky. On the one hand this simple fact helps us in deliminating serious acts from less serious, but on the other, when the conduct and its outcome are not proportionate, takes us to a new areas, where the prior delimination becomes quiet uncertain. In such cases it is necessary to seek additional criteria by which to get a scale with most and less serious traffic delicts and thereby separation between traffic delict as a crime and offence. Without that tresspasing the prohibition of dual criminality is difficult to prevent. Designing two major crimes against the road safety in Penal code, slovenian legis-lator did not go down this path . Criminalization of the first act by weight of the effects and the second by weight of conduct, gravity of the particular act as a whole becomes unclear and internally un-consistent, while in the light of discussed delimination demands special judicial attention toward dual criminality prohibition, which could be obstructed.

Keywords

right to punish, criminality, categorisation, differentiation, crimes, offences, road safety, incriminations, conduct, effects, dual crimina-lity, legality principle, functionality

Gravity of the Act as an Effective Tool for Diffe-rentiation between Traffic Crimes and Offences or Just Another Stumbling Stone

Abstract

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Keywords

right to punish, criminality, categorisation, differentiation, crimes, offences, road safety, incriminations, conduct, effects, dual crimina-lity, legality principle, functionality

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