MATERIJALNI POJAM KRIVICE IZ UGLA KRIVIČNOG PRAVA
MATERIAL CONCEPT OF BLAMEWORTHINESS FROM THE CRIMINAL LAW PERSPECTIVE

Summary/Abstract: In today’s criminal law, blameworthiness is largely understood as a moral reproach against the perpetrator of the crime. The explanation on which this reproach rests mainly moves within a classical understanding of blameworthiness, as the possibility for the perpetrator to make a different choice in the circumstances, and, instead of committing a crime, to deside to respect the law. Although legal liability can hardly be explained at all without this presumption, today, occasionally, especially based on the alleged results of recent medical research, some authors question whether the commission of criminal offenses is causally determined. The author points out the most important views in recent German and Serbian doctrine, and concludes that there are not enough reasons to leave the classical material explanation of blameworthiness.

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