Правни недостаци стандарда ‹›Удружени злочиначки подухват›› и принципи могућих модалитета отклањања проблема
Legal Disadvantages Of Standards „Joint Criminal Enterprise“ And Principles Of Possible Models Of Troubleshooting

Summary/Abstract: ICTY established the standard of “joint criminal enterprise” as a part of the justice implementation process in the conflict region of former Yugoslavia. The legal standard of the “joint criminal enterprise” consists of mandatory actus rea and mens rea elements and come up in three different forms. ICTY stated this principle was based on the rules of the international customary law, as well as the articles of the Rome and ICTY Statutes. From the criminal law science view, the most relevant of three JCE forms was the third one that was based on “prediction” criteria as a consisting main element of the perpetrator actus rea. Very soon, a great number of legal scholars and scientists object this ICTY approach as the one not actually based on the legal principles and to the international criminal law principles and the basic national criminal law systems legal institutes, as well. Regarding the fact that ICTY was the one introduced the “joint criminal enterprise” principle, it is extremely important for the ICTY itself to come back to the law implementation instead the law interpretation.

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