Biće krivičnog dela ubistva : obeležja subjektivnog karaktera

Abstract

The criminal act of homicide belongs to the category of the most serious crimes. Regardless of the fact that this is a criminal offence which is rather old and classic time-wise, there are still many disputable issues which should be clarified. It could rather be accepted that with its presence in every society and the varying scope which can nowhere be disregarded, with its dynamics and variability regarding the mode of operation, with its commission being more and more frequently organized and the difficulties and obstacles in its detection and prosecution of perpetrators as well as many various motives because of which it is committed, homicide represents a “rejuvenated and improved” offence in a contemporary society. In this paper the author analyses the subjective elements which make the essence of the criminal act of homicide. Special consideration is given to premeditation and negligence as forms of guilt but also to the elements of crime. A part of discussion is dedicated to intent and motive. Finally, in the conclusion the author refers to a form of dolus which is present in foreign legislations (dolus praemeditatus) and takes the stand regarding the question if its separate standardization is required.