НЕХАТНО САИЗВРШИЛАШТВО У САВРЕМЕНОМ КРИВИЧНОМ ПРАВУ
NEGLIGENT CO-PERPETRATING IN CONTEMPORARY CRIMINAL LAW

Summary/Abstract: The classic conception of consideration of co-perpetrators starts from the fact that these are activities that have as their basis a joint decision and plan to commit a criminal offense, which again implies intentional action on the part of (co-)perpetrators. However, we should not ignore the fact that neither opinions nor modern legal solutions are isolated, according to which negligent (co)executive participation is possible. The latter, after all, confirms the regular responsibility of the co-perpetrator within the scope of his intention or negligence. The negligent constellation of complicity is placed on somewhat different grounds, necessarily respecting the peculiarities of the present element of guilt. Namely, in order to recognize negligent co-perpetration, the co-perpetrators should be bound by objectively equal due diligence, then they should jointly act contrary to their due diligence, and finally, the requirements for due diligence should apply equally to all persons participating in ( with) the commission of a criminal act. In the paper, the author pays attention to the fundamental dogmatic foundations of the construction of negligent complicity and at the same time analyzes the theoretical arguments for and against this construction.

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