Crimen (Beograd) (Jan 2024)
Analysis of characteristics of perpetrators of Criminal offenses against the Serbian Armed Forces as defined by the Criminal Code
Abstract
The Criminal Code of the Republic of Serbia recognizes individuals as perpetrators of offenses against the Serbian Armed Forces in a manner that, although linguistically similar to the way relationships are determined within the Serbian Armed Forces and the Ministry of Defense, fundamentally differs from the definitions provided by the Law of the Serbian Armed Forces. This may pose a challenge for authorized individuals leading criminal proceedings, as they often lack sufficient knowledge of the organization of the Serbian Armed Forces and struggle with its numerous regulations. The issue of legally defining individuals designated as perpetrators of criminal offenses by the Criminal Code is therefore explored through the method of content analysis and a comparison of regulations and broader scientific literature. According to the Criminal Code of the Republic of Serbia, individuals designated as perpetrators of criminal offenses against the Serbian Armed Forces include: military personnel; military superiors; subordinates; officials performing border duties; warehouse manager; citizen of Serbia; commander of a warship; member of a warship's crew; and member of a military aircraft crew. Through further analysis of the content of the regulations of the Serbian Armed Forces, clear definitions are provided for individuals such as subordinates, warehouse managers, citizens of Serbia, and members of a military aircraft crew in all comparative laws and regulations. Minor terminological deviations arise in the definition of the concept of military personnel, while some other subjects are significantly differently defined in the mentioned regulations (such as military superiors, who are actually individuals with the functional duty of a superior; officials performing border duties, who, since 2007, fall under the jurisdiction of the Ministry of Internal Affairs and cannot commit criminal offenses against the Serbian Armed Forces; or the commander of a warship and a member of a warship's crew, who can only be found on a military vessel).
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