РАЗЛОЗИ КОЈИ ИСКЉУЧУЈУ ПРОТИВПРАВНОСТ КРИВИЧНИХ ДЕЛА ПРИТИВ ЧАСТИ И УГЛЕДА
GROUNDS FOR EXCLUSION OF UNLAWFULNESS OF CRIMINAL OFFENCES AGAINST HONOUR AND REPUTATION

Summary/Abstract: Honour and reputation are moral categories having a non-material value. They are both personal and social well-being. The term "honour" should be understood as an aggregate of values consisting of fulfilment of one’s duties or possessing particular characteristics. Values included in the notion of honour may be general and particular. The former pertain to all people, for instance, human dignity, while the latter are acquired in specific fields of human creativity, such as scholar’s honour and the like. Foundations for determining these criminal offences are found in the needs of society to build up harmonious relations through the recognition of moral values. All legislative solutions are not, however, along the lines of necessary protection of honour and reputation. Such is also the case with grounds for exclusion of unlawfulness of the offence, since, under prescribed conditions, an insulting conduct has to be tolerated. This is the case with insults expressed in a scientific or artistic work, in course of critical reviewing of one’s creation, in carrying out particular social activities, such as journalist’s or politician’s, as well as in defending the rights or justified interests. One such provision even introduces the right to an insulting expression of views. It is not true that specific social activities would be hindered if there were no grounds of excluding the unlawfulness of the offence. Such alleged contradiction may be settled by civilized conduct. Every creative activity has to be carried out according to the rules of profession, while honour and reputation may, in that respect, be only important postulates.

• Details
• Contents