free law journal - volume 3, number 1 (18 january 2007)

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FREE LAW JOURNAL - VOLUME 3, NUMBER 1 (18 JANUARY 2007)crime execution.2. THE MORAL RESPONSIBILITYThe moral responsibility is an assembly of intellectual and willingelements that make person thinking, reasoning, and decidingabout his behavior and to guide it. It contains two groups ofabilities: intellectual and willing 4 . The intellectual capability is inlegal criminal consideration consisted of the crime committercapability to understand the significance of his action, to be awareof it as the forbidden and unlawful activity that is realized by hisaction. The willing capability is the possibility of guiding with hisactivities, steps so the outside and inside barriers are overcome,so the decision is to be realized by undertaking or missing theparticular action in sense of its importance understanding.The New Criminal Code of the Republic of Serbia from 2005. yearin the article 23. determines the idea of moral irresponsibilityconsidering that it excludes the guilt. According to this legalprovision the committer is not guilty for the legally determinedcrime if he was not able to recognize the significance of hisactivity or was not able to guide his own steps as the result ofinsanity or any harder mental disabilities 5 . In the case when thecommitter is partially moral responsible, he is guilty but he can besentenced the smoother punishment.The Criminal Code of the Republic of Serbia in the article 23defines four forms of mental disturbance that bring to the moralirresponsibility, or significantly decreased moral responsibility 6 :4Lj. Lazarević, Komentar Krivičnog zakonika Republike Srbije, Beograd, 2006.p. 695Lj. Jovanović, D. Jovašević, Krivično pravo, Opšti deo, Beograd, 2003. p.179-1806Z. Ćirić, Osnove sudske psihijatrije, Niš, 2004. p. 28; D. Kozarić Kovačić, M.Grubišić Ilić, V. Grozdanić, Forenzička psihijatrija, Zagreb, 2005. p.24128PROF. DRAGAN JOVAŠEVIĆ PHD - THE GUILT IN THE NEWCRIMINAL CODE OF THE REPUBLIC OF SERBIA
FREE LAW JOURNAL - VOLUME 3, NUMBER 1 (18 JANUARY 2007)1) the insanity,2) mental disturbances,3) mental development lag, and4) other more serious mental disturbances.In the psychiatry there is no unique categorization andqualification that could be generally accepted. That is why ourlegislator gives wider definitions that explain only general formsof mental disturbance expressions, so providing the possibilitythat the determination of particular and specific forms is done inaccordance with contemporary results of psychiatry.3. SIGNIFICANTLY DECREASED RESPONSIBILITYSignificantly decreased responsibility 7 is a significantly decreasedof the crime committer to reason and decide about his steps 8 .Namely, between the mental health and mental disturbance thatcauses the moral irresponsibility there are many conditionsbetween the extreme responsibility and irresponsibility 9 .If the committer was not morally responsible he can not bepunished for the committed crime, except if he brought himself in7This institut prescribes several modern criminal codes : article11 of theCriminal code of the Swiss Federation, article 42 of the Criminal code of theRepublic of Croatia, article 16, paragraph 2 of the Criminal code of the Republicof Slovenia, article 33 paragraph 2 of the Criminal code of the Republic ofBulgaria, article 22 of the Criminal code of the Russian Federation, article 35 ofthe Greek Criminal code, article 122-1 of the French Criminal code and article 25paragraph 2 of the Criminal code of the Republic of Poland8P. Novoselac, Opći dio kaznenog prava, Zagreb, 2004. p.223; Lj. Lazarević,Komentar Krivičnog zakonika Republike Srbije, Beograd, 2006. p.76-779D. Jovašević, Komentar Krivičnog zakona SR Jugoslavije, Beograd, 2002. p.49-55; P. Kobe, Lj. Bavcon, Kazenski zakonik z pojasnili in sudno prakso, Ljubljana,1970. p.8129PROF. DRAGAN JOVAŠEVIĆ PHD - THE GUILT IN THE NEWCRIMINAL CODE OF THE REPUBLIC OF SERBIA
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