The Institute, Called Liability for Graver Con-sequences in Slovenian Criminal Law on Road Traffic

Yıl 2016, Cilt: 4 Sayı: 1, 1 - 10, 03.08.2017

Damjan Korošec

Öz

There are not many provisions of the general part of substanti-ve criminal law, as interesting from the point of view of logical co-herence as well as crime-policy, as the institute of liability for graver consequence (in German: erfolgsqualifizierte Delikte). In Slovenian criminal law one can find some anomalies in the criminal law in theory, legislation and judicial practice, regarding this institute. Firstly (1.), there are cases, where the institute of liability for graver consequence clearly should be used in the special part of Slovenian Criminal Code because of the obvious statistical appearance of me-diate, indirect consequences in certain criminal acts, but the Slove-nian legislator missed to use this technique without any declared and reasonable cause. For instance, there are several severe cases of sexual offences, where bodily harm of victims is almost a rule or at least very foreseeable in practice. Further there is armed robbery and similar violent crimes, where the institute of liability for bodily harm as a liability for graver offence in Slovenia is not used by the legislator (see Art. 206, 207, 170, 171, 172, 173 of the Slovenian CC). In other cases (2.) this institute is used in the special part of Slovenian Criminal Code, but without any clear distinction in effect of general punishment in concurrent offences or the effect of the use of the institute of liability for graver consequence is even opposite. At least from the ethical point of view the probably worst such case are road traffic offences, dealing with several killed persons in one traffic accident.

Anahtar Kelimeler

Substantive Criminal Law, Slovenia, Liability for Graver Consequ-ence, Road Traffic

The Institute, Called Liability for Graver Con-sequences in Slovenian Criminal Law on Road Traffic

Öz

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Anahtar Kelimeler

Substantive Criminal Law, Slovenia, Liability for Graver Consequ-ence, Road Traffic

Kaynakça

• Novoselec P. Opći dio kaznenog prava [Criminal Law – General Part]. Zagreb: Sveučilište u Zagrebu 2004, pp. 242-246.
• Official Journal of the Republic of Slovenia, Nr. 55/08, 66/08, 39/09; 91/11.