СВЕСТ О ПРОТИВПРАВНОСТИ КАО КОНСТИТУТИВНИ ЕЛЕМЕНТ КРИВИЦЕ
A SENSE OF PROHIBITION OF THE ACT AS A CONSTITUTIONAL ELEMENT OF GUILTINESS

Summary/Abstract: Till the ratification of Criminal Code of Republic of Serbia the materially-formal general notion of criminal offense as well as psychical theories of guilt were accepted, according to which the culpability comes up to only a psychical attitude of perpetrator to a felony and is been defined according to his sense/aware and volition. The implication of this concept was the legal decision according to which legal error did not have any influence to existence of guilt and criminal offense/criminal act but only symbolized optional ground for lenient or divestiture from the punish. The Criminal Code of Republic Serbia in accordance to a modern inheritance of criminal legal theory adopts formal concept of general notion of criminal offense and guilt defines in the line with miscellaneous, psychological-normative theories of guilt, according to which the guilt reflects psychical relation of perpetrator to offense for which purpose the lecture might be consigned to him. It is stipulated by the article 22. of the Criminal Code of Republic of Serbia the guiltiness is a complex category which consists of competence, intention and negligence and a sense of prohibition of the act.

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