Krivično djelo nesavjestan rad u službi i načela zakonitosti i pravne sigurnosti
Criminal offense of malpractice in service and principles of legality and legal certainty

Author(s): Branko Perić
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Public Law, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: BiH; criminal act; Court of BiH; vagueness; criminal offense; Croatia;
Summary/Abstract: Using some of the examples from the more recent case law of the Court of BiH, the author shows how the vagueness of the wording „manifestly acts in a clearly unconscientious manner“ in the text of the criminal offense of Lack of Commitment in Office affects the inconsistency of the prosecutorial and judicial jurisprudence and produces legal uncertainty. In his analysis, the author notes that this criminal offense was introduced to the applicable legislation in 1948, with the obvious purpose to shield the partisan state administration apparatus from persons of different political views, concluding that the incrimination itself has lost its meaning and significance following the radical social and economic reforms, which is why this criminal offense should be taken out of the criminal legislation. The author also addresses the decision issued by the Croatian Constitutional Court and the dissenting opinions provided by judges Dr. Davor Krapac and Dr. Marko Babić, who explained why the criminal offense of Lack of Commitment in Office constitutes a flagrant violation of the lex certa principle, and points to the fact that the latest amendments have left out this criminal offense from the Croatian Criminal Code.

• Details
• Contents