The Croatian legal system is traditionally under the dominant influence of the Germanic legal tradition. This is a logical consequence of historical circumstances, which state that present-day ...Croatia was long part of the Austro-Hungarian Empire. In the field of criminal law, which is the focus of this paper, there is a significant influence of Austrian, German, and Swiss criminal law. However, since 2008, new trends have emerged, first evident in procedural law (through the introduction of the previously typical AngloAmerican institution of plea bargaining in criminal proceedings), and then from 2013 also in substantive criminal law. In the Criminal Code of 2013, sexual offenses were modeled after the English Sexual Offences Act of 2003, which has sparked considerable controversy in theory and practice. In this text, the author critically examines this legislative shift in tradition from the perspective of comparing the historical circumstances of the English and Croatian criminal law backgrounds. The author discusses the differences in criminal justice systems of these countries, compares the circumstances of the origin and shaping of sexual offenses in the mentioned legislations, and presents the results of their own research conducted in Croatia, reflecting whether the new legal solution was successful and whether it achieved its purpose. Based on this, the author provides an answer to the hypothetical question of whether a solution implemented from one legal tradition can successfully exist in the conditions of another significantly different legal tradition.
Rad je posvećen problematici sve većih izazova koje razvoj suvremene tehnologije i robotike postavlja pred tradicionalno kazneno pravo. Autoindustrija je osmislila i u određenim dijelovima svijeta ...već stavila u uporabu vozila kojima upravljaju samo - stalni roboti. Već su zabilježene prometne nesreće sa smrtnim posljedicama koje su prouzročene upravo takvim automobilima. U ovome radu autori raspravljaju o tome mogu li se tradicionalni kaznenopravni koncepti primijeniti i na ovakve situacije. Pritom se analizira mogućnost kaznene odgovornosti samog robota, odnosno granice kaznene odgovornosti programera i proizvođača. Prikazana su rješenja njemačkog, švicarskog, američkog i hrvatskog prava te je dana ocjena odgovaraju li postojeći modeli novim izazovima koji su posljedica tehnološkog razvoja.
Abstract
Voluntary withdrawal of criminal attempt is one of the fundamental institutes of the general part of criminal law, originally codified in international criminal law in the Rome Statute. ...Since the Statute attributed significant legal effects to withdrawal, which excludes the liability for criminal attempt, it is important to establish a clear understanding on its scope and limitations. This article analyses controversial issues related to the legal nature of withdrawal as grounds for exclusion of criminal liability, withdrawal of individual offenders and accomplices, and provides interpretations on potential solutions for these issues. The analysis is based on the subjective conception of withdrawal, under which its essence lays in the rejection of the initial criminal intent, while taking into consideration withdrawal in the context of international crime. Based on the analysis, an original three-level test for the determination of withdrawal in the future practice of the International Criminal Court, (icc) is proposed.
Kazneno djelo nesavjesnog liječenja ulazi u red medicinskih kaznenih djela stricto sensu. Objekt zaštite kod ovog kaznenog djela jest zdravlje pacijenata koje se štiti od postupaka zdravstvenih ...radnika koji nisu učinjeni lege artis. Nestručno i nesavjesno postupanje zdravstvenih radnika može imati dalekosežne posljedice, uključujući i smrt. Hrvatska sudska praksa pokazuje da joj takvi predmeti nisu nepoznati. Ipak, hrvatska kaznenopravna literatura je do sada uglavnom zaobilazila ovo vrlo osjetljivo područje, pa je izostala sustavnija rasprava o dometima i granicama kaznene odgovornosti za nesavjesno liječenje. Rješavajući konkretne predmete sudska praksa se može naći u dvojbi oko pitanja pod kojim uvjetima se ponašanje zdravstvenog radnika ima ocijeniti kao nesavjesno, odnosno gdje prestaje odgovornost za nehaj a započinje objektivna odgovornost kod ovog kaznenog djela. Ovaj je rad posvećen upravo toj problematici. Nakon izlaganja općih obilježja ovog kaznenog djela, autori nastoje uspostaviti mjerila za procjenu (ne)postojanja nehajne odgovornosti za nesavjesno liječenje. Svoje teze potom provjeravaju na jednom vrlo složenom predmetu iz novije hrvatske prakse.
Criminal offence of medical malpractice is one of core medical criminal offences. Protected object is health of patients. Application of inadequate methods in health treatment can have severe consequences for patient’s health, even death. Croatian jurisprudence is familiar with such cases. However, Croatian literature until now did not deal with this sensitive area of criminal law. Scope and limits of responsibility for negligent form of medical malpractice can cause doubts in court’s practice when deciding about criminal liability. This paper is dedicated to this topic. After presentation of main characteristics of this criminal offence, the authors are making an effort to establish criteria for estimation of negligence in case of medical malpractice. They are testing their thesis on one very complicated case from recent Croatian jurisprudence.
The Croatian legislators introduced the concept of criminal liability for legal entities already in 2003 with the adoption of the Law on Criminal Liability of Legal Entities. Influenced by the ...writing of esteemed domestic scholars, and inspired by French law, the legislators opted for a system linking the liability of corporations to the liability of the responsible person. There were very few cases in practice during the first years of its application, and the situation changed after the first prominent indictment of this type against the ruling political party for economic crimes. Since then, the legislation has been amended several times and a significant body of jurisprudence has developed. In the first part of this paper, I will describe the chronology of the development and formation of the Croatian legislative model of corporate criminal liability. The second part will analyze 31 available final court judgments, which will be the basis for the conclusion about the issues in the practical application of the legislative model and, more generally, the phenomenon of criminal offenses committed by legal entities in Croatia. Based on this analysis, I will indicate the potential deficiencies of such a concept. In the context of future development, special attention will be given to the problem of economic crimes committed by AI corporate systems.
This paper addresses sexting from an interdisciplinary perspective through a normative analysis of the new criminal offense of the misuse of recordings of sexually explicit content (Art. 144a, CC) ...introduced in 2021 in the Croatian Criminal Code. Based on the legislative framework and empirical study analysis, we provide conclusions on the adequacy of the existing criminal provisions with implications for future research, and present empirical findings from a 2020 online survey on sexting experiences and risky sexual behaviour with 724 adolescents (Ngirls = 534, 73,8%) aged 14-22. Older adolescents reported significantly higher sexting perpetration. Lower school achievers reported higher sexting victimization. Non-heterosexual participants reported more sexting perpetration. Participants with more sexual partners scored higher for both sexting perpetration and victimization. Sexting perpetration correlated to the group of older adolescents with lower school attainment and academic achievement who reported less family relationships satisfaction. Sexters reported more risky behaviour, higher media use intensity and more sexual knowledge, but less sexual media content exposure. Sexting positively correlated to the number of sexual partners and the relationship duration. Male gender, older age, risky behaviour, higher media use intensity, better general sexual knowledge and the number of sexual partners represented significant predictors of sexting perpetration.
This paper analyses new fact-finding methods in criminal proceedings, using state-of-the-art innovations in neuroscience and artificial intelligence (AI). It will outline the existing methods and ...explain their effects. Then it will address the criminal-law aspects of the use of such methods as evidence in criminal proceedings, with an emphasis on the assessment of their admissibility from the perspective of the right to a fair trial and the privilege against self-incrimination. This topic will be observed from the perspective of US and European law, highlighting the existing jurisprudence of the European Court of Human Rights (ECtHR) and the legal standards established by the court in relation to the privilege against self-incrimination. Based on this analysis, the authors will formulate a conclusion suggesting that the use of current AI technologies should be juxtaposed to the relevant benchmark of the privilege against self-incrimination as the requisite standard of the right to a fair trial.
This paper is devoted to issues which have not been sufficiently explored in European literature, and which have had fragmented consideration in comparative literature. These issues raise the ...question of whether the EU legislator should develop a framework of criminal law rules which would regulate the use of Artificial Intelligence (hereinafter: AI) in the near future, and what such rules should specifically address. The authors recognise two issues of particular importance for the future regulation of AI development within the EU, and offer their perspective on the areas which should be subjected to regulation in this regard. In order to provide a systematic overview of this topic, the paper starts with a description of the recent regulatory action of the EU in the field of AI, with special reflection on the Ethics Guidelines for Trustworthy AI. The authors then describe what are, in their opinion, the most important intersections of AI and criminal law in the broader sense, and in conclusion present their views of which areas should be specifically regulated by EU legislature in this context.
Abstract
This paper is dedicated to the topic of the emerging challenges of traditional criminal law as posed by the development of modern technology. In certain parts of the world, the automotive ...industry has already implemented a new generation of autonomous self-driving vehicles. Moreover, there have been incidents where such vehicles have been involved in traffic accidents with deadly consequences. The use of autonomous intelligence is also emerging in other important sectors, such as in medicine and the military.
The issue of the legal liability of autonomous machines has been the subject of numerous philosophical debates and approached from the perspective of tort law. The question of criminal liability, however, has still not been debated more comprehensively. In this text, I will analyze the scope and limits of criminal liability of humans for criminal offenses “committed” by autonomous systems. Firstly, I will describe potential crimes of AI in context of intent and negligence. Secondly, I will propose the new concept of (shared) criminal liability, the concept I will name the Division of Labor theory.
In this paper, the author discusses some possible future perspectives of Art. 25/3/f of the Rome Statute. This article regulates two core institutes of traditional substantial criminal law--an ...attempt and a voluntary abandonment of an attempt. This is considered to be a huge step in codification of general part of international criminal law since statutes of ad hoc tribunal did not have any such or similar provisions. Other authors in criminal law literature have already argued a lot about the interpretation of specific elements of this provision. Bearing that in mind, in this research, the author discusses the purpose or ratio legis of an attempt and abandonment of an attempt in the Rome Statute. At the same time, the focus is on the quest for changes and modifications of this provision de lege ferenda.
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