Pravo (Oct 2024)

Criminal offenses against official duty with a focus on the object of the criminal offense

  • Mile Šikman,
  • Velibor Bajičić

DOI
https://doi.org/10.5937/ptp2403074S
Journal volume & issue
Vol. 41, no. 3

Abstract

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The very title of the group of criminal offenses against official duty reveals their object of protection, which is the conscientious and responsible performance of official duties. However, these criminal offenses endanger various protected values, such as citizens’ freedoms and rights, their physical and psychological integrity, their property, and others. In this context, the distinction between the object of the act and the defined object of protection for this group of criminal offenses becomes evident. This means that it is necessary to differentiate between the immediate object targeted by individual criminal offenses within this group, the socalled object of attack, and the established object of protection, which is the general value being safeguarded. The subject of this paper is the analysis of legal norms related to individual criminal offenses with a focus on distinguishing between the object of protection and the object of the act. In this regard, we will compare the elements of certain criminal offenses against official duty, primarily those in which the objects of the act differ, while the object of protection, according to their classification, remains the same. The aim of the paper is to determine whether the existing criminal offenses against official duty, with reference to the object of the criminal offense, are properly systematized within this group of criminal offenses, and to explore possible ways to address the identified shortcomings.

Keywords