Реформа кривичних дјела против части и угледа у хрватском кривичном законодавству са освртом на судску праксу
Reform of Criminal Offenses Against Honor and Reputation in the Croatian Criminal Legislation With Reference to Judical Practice

Author(s): Vanda Božić, Milena Simović
Subject(s): Criminal Law, Court case
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Crimes against honor and reputation;Insult;Defamation;Hard shaming;Reform of Croatian criminal legislation;
Summary/Abstract: It has been almost 18 years since the reform of the Croatian criminal legislation in respect of criminal offenses against honor and reputation had begun. Namely, after the passing of the 1997 Criminal Code, there have been several attempts to prescribe the acts listed as criminal offenses with different names of criminal offenses, incriminations and prescribed sanctions. However, these attempts encountered various obstructions stemming from the idea that the protection of honor and reputation in Croatian law should not fall in the domain of criminal law, but in the domain of offenses. There were also proposals to protect these particular human rights only through civil proceedings. The Croatian criminal law for these crimes is in line with the Swiss criminal law, although after the 2011 reform it was necessary to implement additional amendments to the 2015 Criminal Code, since it was not easy for courts to apply the legal provisions in practice. The paper presents legal solutions to crimes against the honor and reputation of de lege lata with motions for de lege ferenda, and investigates case law through reports, charges and convictions of these crimes.

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