Crimen (Beograd) (Jan 2020)
The concurrence of crimes and the problem of alternative intent
Abstract
This article discusses the concept of dolus alternativus as a specific form of criminal behaviour, from the aspect of the theory of concurrence in criminal law. The main hypothesis is refereed to its qualification in regard to different manifestations of the cumulation of offences, particularly ideal concurrence. In the case of so called "alternative intent", the element of mens rea is materialized through existence of two intents directed towards two different criminal offences, mutually excluded, but equally wanted by the offender, who shows indifference to the fact which of the predicted consequences shall occur. In such circumstances, the imputation of criminal act is faced with different doctrinal approaches to the problem. First of all, it should be emphasized that practical variations of the legal concept defined above, require specific treatment, that results in choosing between ideal and apparent concurrence, which may lead to different penal consequences, depending on the rules of the penalty determination in a specific legal system. Therefore, unlike German penal law, where the legal treatment of concurrence leads to reducing practical relevance of the differentiation between ideal and apparent cumulation of offences, the rules of the Serbian Criminal code impose the opposite, which results in increased significance of choosing one or another solution for the case of dolus alternativus.
