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Projects / Programmes source: ARIS

Petty crime in criminal law theory and jurisprudence

Research activity

Code Science Field Subfield
5.05.00  Social sciences  Law   

Code Science Field
S149  Social sciences  Criminal law, criminal proceedings 
Keywords
criminal law, petty crime, criminal procedure, Slovenia, Austria
Evaluation (rules)
source: COBISS
Researchers (2)
no. Code Name and surname Research area Role Period No. of publicationsNo. of publications
1.  13778  PhD Katja Filipčič  Criminology and social work  Researcher  2002 - 2003  612 
2.  14089  PhD Damjan Korošec  Law  Head  2002 - 2003  616 
Organisations (1)
no. Code Research organisation City Registration number No. of publicationsNo. of publications
1.  0583  University of Ljubljana - Faculty of law  Ljubljana  1627104  14,840 
Abstract
An almost natural general ignorance towards petty crime can be observed as well on the part of the general public as on the part of criminal law (theory and in a certain extent also jurisprudence). Although in the Republic of Slovenia since its independence in 1991 from all criminal judgements more than 80 % according to the sentence can be declared as typical petty crime cases (Bavcon 2000), in existing written (positive) law and law theory no clear distinctions between substantive and procedural criminal law instruments, specially designed for petty crime, can be found (Karakaš 1999, Korošec). This is specially the case in the institute of petty crime from Art. 14 Criminal Code (Official Journal of the Republic of Slovenia, No. 63/94 and 23/99), that states: »Any conduct which is of low significance shall not constitute a criminal offence although it contains all the elements thereof. Conduct shall be deemed to be of low significance when the danger thereby involved is insignificant, owing to: the nature or gravity of the conduct; the fact that harmful consequences are insignificant or do not exist; the circumstances in whitch the conduct was performed; the low degree of criminal liability of the perpetrator; personal circumstances of the perpetrator.« The institute shows some significant inconsistencies in the light of the distinction between unlawfulness and guilt and induces problems in the criminal law theory and praxis (e.g. in self defence cases, in cases with minors as perpetrators). This inconsistencies threaten the proper legal treatment of the (potential) defendant in criminal law cases and are disproportionate to the general ignorance towards petty crime. This disproportion calls for a change of the substantive and - if the analysis will show the necessity - also substantive positive criminal law. Comparative and analytical research methods should be combined to produce the necessary changes in slovenian criminal law.
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