ENDANGERING THE PUBLIC TRAFFIC – CRIMINAL LAW REGULATION AND PRACTICAL DOUBTS
ENDANGERING THE PUBLIC TRAFFIC – CRIMINAL LAW REGULATION AND PRACTICAL DOUBTS
Author(s): Mladen M. Milošević, Božidar BanovićSubject(s): Law, Constitution, Jurisprudence
Published by: Pravni fakultet za privredu i pravosuđe u Novom Sadu
Keywords: endangering the public traffic; criminal offenses and misdemeanors; objective condition of incrimination
Summary/Abstract: Due to their frequency and importance, traffic crimes are an important subject of theoretical study. Violation of traffic regulations is sanctioned by the norms of misdemeanor and criminal law, which makes this area complex, but also leads to certain difficulties in the interpretation and application of law. The authors thorougly analyze the legal description of the criminal offense of endangering the public transport and its qualified forms. A particular attention is paid to the the interpretation of certain subjective and objective elements of this criminal offense (consequence, mens rea and objective conditions of incrimination). The authors point out certain inconsistencies in the court practice and propose legislative changes to improve criminal protection and establish a more legitimate and pragmatic distinction between criminal and misdemeanor acts.
Journal: Pravo teorija i praksa
- Issue Year: 39/2022
- Issue No: 2
- Page Range: 39-51
- Page Count: 13
- Language: English