Novi pogled na opšte elemente krivičnog djela u slučajevima kriznih situacija i njihov zakonski tretman
New Look at the Crime in Crisis Situations and Development of Forms of Legal Treatment

Summary/Abstract: The growing and increasingly threatening harassment of society and public order and peace is a huge challenge for the competent authorities, especially the police and prosecutors. This serious harassment of society, for which there are no routine answers, or they require unusual engagement of the resources, indicates a crisis situation. What the crisis situation is and how to overcome it in the crime – juridical and management – crime limits, and defining the crisis situation, makes the essence of this work. Each of these crimes does individually request an adequate organizational and functional condition for its solution, and the inability to resolve such situations provokes the crisis. These crises are of an organizational or internal type, but since the action of police, courts and prosecutors are under the scrutiny of public, media, executive and legislative power, they acquire an external character. Although there are crisis due to organizational or functional weakness, they have some legal consequences and involve the obligation of disclosure of criminal acts, collecting evidence and arresting the perpetrators of criminal acts. Functional elements of such crimes can be understood as a specific form of social hazard or social danger, and because of its importance and specificity it should be put apart and separately treated. From this it follows, that for the acts with crisis potential, a criminal sanction would not be proportional and equivalent to the weight of crime. Namely, in the crime with crisis potential, there is a new functional element which is not included in the legal definition of crime. Unlike other crimes, the consequences of it affect more the institutions than immediate victims, and that pertains also to other people within the community. These criminal consequences have to be correspondingly punished.

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