Pregled nekih od opštih instituta engleskog krivičnog prava kroz prizmu krivičnog prava u BiH
Overview of Some of the General Institutions of English Criminal Law Through the Prism of Criminal Law in BiH

Summary/Abstract: The work was created as a sublimation and a cross-section of the basic institutes of English criminal law. The first thing that needs to be defined is what is a crime or criminal offense in English law. In English law, unlike continental law, little influence on law came from the reception of Roman law and the works of legal theorists, and more arose from the activity of the courts. This does not mean that the philosophical approach is not at the core of criminal law. Common law consists of rules established on the basis of decisions of judges called precedents and applied before courts lower than those before which they are established. Legislation consists of the statutes or acts of Parliament and delegated legislation to another body by Parliament. This legislation is made up of statutes that are subject to the interpretation of judges and these interpretations are an integral part of the law until Parliament or a higher court itself questions such a judicial interpretation. The paper will discuss the basic institutes of general substantive criminal law. The paper is an analysis of the terms actus reus and mens rea including terms such as negligence, gross negligence, recklessness, intention and criteria for their distinction with respect to case law.

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