Pravo (Aug 2009)

MURDER IN CRIME LARCENY AND ROBBERY

  • Miloš Marković,
  • Zoran Pavlović,
  • Petar Stanojević

Journal volume & issue
Vol. 26, no. 7-8

Abstract

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This paper analyzes the provisions of the Criminal Code of the Republic of Serbia, in which is taking a life in the execution of the crime of armed robbery or larceny, is qualified as a form of murder. This is a new kind of first degree murder. Previously, the legal solution to this serious form of murder was a property crime. Although it is a criminal offense with various objects , here is the dominant of deprivation of life, a murder, and the fact that it makes the performance of the criminal acts of larceny or armed robbery are qualification circumstances. Murder in armed robbery or larceny, is by the composition a complex criminal act ,which consists of criminal acts of murder and armed robbery or criminal act of robbery that is also a criminal complex offence (is composed of force and theft). Murder in armed robbery or larceny, is also in other criminal laws – compilation of law, but in those laws it tends to be treated as a form of crime of armed robbery or crime of robbery. During the processing of this type of serious murder, the author brought an examples from judicial practice from judgments of the Supreme Court of Serbia and the District Court in Novi Sad.

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