ОДГОВОРНОСТ ЗА КРИВИЧНА ДЕЛА ИЗВРШЕНА ПУТЕМ МЕДИЈА
Liability for Criminal Offences Committed by means of Media

Summary/Abstract: Numerous criminal offences such as: violation of honor and reputation, unauthorized disclosure of secret (state, military, official, professional or personal), calling for or instigating commission of criminal offences (propaganda), hate crimes etc. may be committed via media, i.e. means of public information and communication. Therefore, all contemporary criminal legislations, including the legislation of the Republic of Serbia, are familiar with special rules that regulate criminal responsibility of the perpetrators of criminal offences committed through means of public information and communication (via media). This is a particular form of criminal responsibility, which differs from the generally accepted concept of subjective criminal responsibility. Two parallel systems of criminal responsibility for criminal offences committed through media have been established in contemporary criminal law of the Republic of Serbia. They include: 1) the responsibility of natural persons and 2) the responsibility of legal persons. The responsibility of natural persons represents the basic form of responsibility for criminal offences committed via media. It comprises two types of responsibility. These are: a) primary or basic type of responsibility – responsibility of the author of the disputable i.e. incriminated text, which, actually, generates the elements of the criminal offence prescribed by the law and b) special, subsidiary, or so called “cascading” responsibility of other persons – the responsibility of editor, publisher, printer or producer of audio – visual items, which is established in accordance with special rules. New legislative solutions, proclaimed in 2008 by a special law – Law on the responsibility of legal persons for criminal offences, introduced a series of rules in the legal system of the Republic of Serbia, dealing with the responsibility of legal persons for criminal offences and their liability to punishment.

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