Is a criminal offense always the hardest criminal act?: Part II

Abstract

The subject of the attention of the author are individual provisions of the Criminal Law and the Law on Misdemeanors, which regulate certain issues of substantive law. The author suggests that responsibility for misdemeanors may be stricter than criminal responsibility. On the basis of certain provisions of two criminal laws (Criminal Law and the Law on Misdemeanors), it is concluded that the perpetrator of the misdemeanor can be punished more severely than the perpetrator of the criminal offense. The paper deals, primarily, with: guilt, attempted criminal offense, unsuccessful attempt, voluntary retreat, incitement, penalty points, public announcement of the judgment and termination of security measures based on a court decision.

Keywords

• criminal offense
• misdemeanor
• penalty points
• attempt
• guilt