free law journal - volume 3, number 1 (18 january 2007)
free law journal - volume 3, number 1 (18 january 2007)
free law journal - volume 3, number 1 (18 january 2007)
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FREE LAW JOURNAL - VOLUME 3, NUMBER 1 (<strong>18</strong> JANUARY <strong>2007</strong>)action allowed, if it really existed. The committer who undertookthe action or acting or not acting in the real delusion is not guiltyfor the committed crime, but if he came in delusion by theneglect, then he is guilty only if the <strong>law</strong> specifically determines thepunishment for the consequence causing by the neglect.The legal delusion 28 (eror iuris) is the delusion about the crimeprohibition respectively about the prohibition of the committedcrime by the norms of the positive <strong>law</strong>. The action prohibition hasa wider character than the crime determination in the criminal<strong>law</strong>. That way understood legal delusion represents the wrongidea about the legal significance of the crime. According to that,the crime committer is in the legal delusion if with the validreasons didn’t know that his action is prohibited (article of 29Criminal code).Here the committer is aware of all the circumstances that makethe characteristics of the committing crime, but he is not awarethat such action is the crime. The person who didn’t know, norcould have known, nor was obliged to know that his action isforbidden (the irremovable legal delusion) is not guilty for thecaused consequence 29 . But, if such person was in legal delusion,but was obliged and could have known about the prohibition ofhis action (the removable legal delusion), then he is punishedwith the punishment prescribed by the <strong>law</strong>, but can be punishedeven with the smoother punishment 30 .28This base of the exclusion of the guilty prescribes in modern criminal codes :article 122-3 of the French Criminal code, article 31 of the Greek Criminal code,article 24 of the Criminal code of the Republic of Poland, article 14 of the SpainCriminal code and article 19 of the Criminal code of the Republic of Montenegro29D. Jovašević, O pravnoj zabludi u krivičnom pravu, Glasnik AK Vojvodine,Novi Sad, No. 9/1997. p.311-32730M.Cremona, Criminal <strong>law</strong>, London, 1989. p.219-223140PROF. DRAGAN JOVAŠEVIĆ PHD - THE GUILT IN THE NEWCRIMINAL CODE OF THE REPUBLIC OF SERBIA
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