Comprehension guilt represents the core of the criminal law. It has significant effect on understanding of some other institutes of the criminal law. Before we can talk about the concept of guilt, it ...has to be found out, whether exists personal freedom at all or is the actor of criminal offence determined in such way that we cannot reprimand him for a criminal conduct anymore. The last has been especially emphasized by the theorists that have negated the concept of guilt. Theories of guilt due to way of life have tried to interpret guilt in some defined exceptional situations. They have said that guilt is following the judgment of offender's complete personality. Historically oldest, dating in late nineteenth century, theories are psychological theories of guilt which have legal basis in understanding human as determined creature. They have defined guilt as criminal offender's subjective relationship towards his conduct and the consequences of such conduct. However, such relationship does not exist in legal situation. That is why these theories do not mention the deliberation of unlawfulness. Furthermore, psychological theories have not convincingly substantiated the (unconscious) negligence. At the same time following these theories, we could also find an insane person to be guilty. Due to all such defectiveness psychological theories have been abandoned in modern views of guilt. On the other hand, normative theorists have defined guilt as offender's negative subjective relationship towards moral, social and legal norms, even though offender had known them or he must had known them and although he had been capable and obliged to conduct in a proper way. The difference between psychological and normative theories is in judgment of social and moral unworthiness of such behavior. Within the frame of normative theories there ought to be mentioned theories, such as Theory of Requirement of the Different Behavior and within this General and Individual theory. Furthermore, there are also pure normative theories and within these Theory of Final Conduct and Personal Theory. Normative theories are nowadays in majority in the most developed country in the field of guilt - Germany.
Type of material - undergraduate thesis
; adult, serious
Publication and manufacture - Ljubljana : [R. Kimovec], 2004
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