НЕЗНАТНА ДРУШТВЕНА ОПАСНОСТ - ЈЕДАН ОД ЗАКОНСКИХ ОСНОВА KO ЈИ ИСКЉУЧУЈЕ ПОСТОЈАЊЕ КРИВИЧНОГ ДЕЛА
MINOR SOCIAL DANGER - A LEGAL GROUND EXCLUDING THE EXISTENCE OF CRIMINAL OFFENSE

Summary/Abstract: Minor social danger is the institute in Yugoslav criminal legislation which was opplied ever since the first post-war regulation — imtil the present—day criminal law. This is a consequence of substantive — formal determination of the notion of criminal offense, and the expression of intent to exclude from the sphere of criminal conduct, according to law, those acts which, although corresponding to legal description necessary to be qualified as criminal, in fact do not belong to that category. Along these lines the provision in article 8, paragraph 2 of the Criminal Law of Yugoslavia is a necessary correction which includes in its abstract framework also the acts which, due to their significance and consequence, do not have tire level of social danger which would justify their belonging to the category of criminal offenses. In course of establishing the concept of this ground for excluding the existance of criminal offense, the law—maker determined the prerequisites necessary for considering an act which formally corresponds to the description of a specific criminal offense as being of minor social danger. Judicial practice and theory point at some dilemmas caused by insufficiently precise formulation of mentioned art. 8. para. 2. Thus tire Draft of die Criminal Law of the SFRУ is an attempt to conceive different grounds for this institute, which would be simed at excluding the existence of criminal offense in cases of existing of formal, but not essential, prerequisites to classify some behaviour as criminal act. These new solutions are discussed in the conclusions.

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