ПРИЛОГ ДЕФИНИСАЊУ ОПШТЕГ ПОЈМА КРИВИЧНОГ ДЕЛА
A CONTRIBUTION TO DEFINING THE GENERAL CRIMINAL OFFENCE

Summary/Abstract: According to the realistic conception applied in this study, the essence of a criminal offence consists in causing a consequence by a human action. However, purely objective- causal and naturalis tic conception of the criminal offence is too narrow to explain the nature of the criminal offence a? a real phenomenon. In addition to being a natural phenomenon, the criminal offence may appear also as a legal or social phenomenon, whose existence does not depend significantly from taking place of a consequence. Accordingly, the criminal offence should be conceived as a human behaviour, regardless of whether it has caused a consequence or not. If a criminal offence has a consequence, than this consequence appears, as a rule, as a legislative motive for its incrimination, namely as an explanation of reason for being treated by the law—maker as a criminal offence. However, even in the presence of those criminal offences which have no consequence, there should be a legislative motivation for the incrimination, namely the one which can be discovered in the legislative description of the being (substance) of the criminal offence. Therefore, not every offence must correspond to the legislative motive for incrimination. Consequently, the reive motive for incrimination should be introduced in the very notion of the criminal offence.

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