ПОГЛЕД НА ТЕОРИЈСКЕ ОСНОВЕ НЕПРИЈАТЕЉСКОГ КРИВИЧНОГ ПРАВА
A LOOK AT THE THEORETICAL FOUNDATIONS OF ENEMY CRIMINAL LAW

Summary/Abstract: The paper deals with the theoretical foundations of the so-called Enemy Criminal Law; a concept that has been criticized, but whose reflections we see in today´s Criminal Law (for example, in the preventive detention in Germany or in the newly introduced lifetime sentence without the right to be released on parole for certain crimes in Serbia). This approach of the German scholar Günther Jakobs distinguishes the Citizen Criminal Law (Bürgerstrafrecht), with a functioning communication on the relation crime (criminal) – punishment, and Enemy Criminal Law (Feindstrafrecht), where the perpetrator, under certain circumstances, has consciously violated the norm and has been de-personalized as a consequence of this. References on the philosophical roots of this concept have been made with regard to the ideas of contractualism and the works of Rousseau, Fichte, Kant, Hobbes, and others.

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