Godišnjak Fakulteta bezbednosti (Jan 2017)
Procedural aspects of misdemeanor guilty
Abstract
The author examines the differences in the term "guilt" in criminal and misdemeanor law and advocates the use of the term misdemeanor guilty as a necessary condition for the existence of subjective misdemeanor responsibility. A misdemeanor court is pronounced on the existence of a minor offense on the basis of the established factual situation. In this regard, it is the court's obligation to determine the decisive facts and thus link the act, as an external manifestation of the law of the foreseen factual situation, which contains the legal features of the offense and misdemeanor guilty, that is, the subjective relationship of the defendant towards the act. Indicating to certain specificities of the finding of misdemeanor guilty, the author points out that the cases of responsibility for the actions of the other are particularly problematic from the aspect of subjective misdemeanor responsibility. The subject of the consideration is the reasons for the adoption of the acquittal due to the absence of misdemeanor guilty, but also the controversial situation in the application of the protective measure of compulsory psychiatric treatment that are not regulated by the procedural provisions of the Law on Misdemeanors. Last but not least, the author points to procedural modalities of misdemeanor guilty that are significant for the conduct of the second instance court.
