KRIVIČNO PRAVO I SPOSOBNOST ČOVEKOVOG SAMOODREĐENJA
CRIMINAL LAW AND CAPABILITY OF MAN’S SELF-DETERMINATION

Summary/Abstract: This paperwork reconsiders the capability of man’s self-determination in the context of the concept of guilt in criminal law. In central part of paperwork the author analyzes the power of man’s self-determination as „individual reality“, which could be manifested through its affirmation – in the form of criminal accountability or significantly reduced accountability, or through its negation – in the form of mental incompetence. The author concludes that only mental disorder of such character and intensity that could cause complete loss of „inner freedom“ of the offender in terms of his, or her identity with himself or herself which led to his or her incapability to act in accordance with criminal norm, could exclude the mentioned capability.

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