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  • Revenge pornography as a new criminal offence in the Slovenian Criminal Code
    Šepec, Miha, pravnik
    In the article, I present a new incrimination of publication of recordings or messages with sexual content - often referred to as revenge pornography - in paragraph VI of Article 143 of the Slovenian ... Criminal Code. Although the new incrimination, in view of the relatively frequent commission of such an offence, is welcome, the legislator regrettably wrote the incrimination with serious legal errors in the description, which will have drastic consequences in criminal prosecution of the crime. The legislator explicitly requires the publication of recordings or messages - that is in plural form. Through the critical criminal law analysis I have shown that due to the principle of legality (lex certa) and the linguistic interpretation of the legal text as a key method of interpretation in criminal law, the plural consequences cannot be interpreted in the direction that commission of a criminal offence is possible even though only a singular consequence occurs, thereby expanding the reach of repression. Because of this legislative mistake, we can expect that the criminal prosecution of this crime will be quite difficult in practice.
    Vir: Compendium of contemporary legal issues (Str. 137-147)
    Vrsta gradiva - članek, sestavni del ; neleposlovje za odrasle
    Leto - 2019
    Jezik - angleški
    COBISS.SI-ID - 5713451

    Povezava(-e):

    http://press.um.si/index.php/ump/catalog/book/396
    DOI

Vnos na polico