Offences against honour and reputation were retained in the new Criminal Code of 2011 despite numerous demands for their decriminalisation. However, these offences were substantially modified. The ...key novelty was the introduction of the offence of defamation, which was modelled after the provisions of the Swiss Criminal Code, with some discrepancies. After its entry into force, there was substantial difficulty in its application, which prompted an amendment in 2015 simplifying the provision prohibiting the defence of truth and good faith for defamation and reintroducing the provision on exemption from liability, only this time limited to the offences of insult and defamation. The author seeks to answer key questions that have been raised regarding the offences against honour and reputation since the latest amendments.
The issue of illicit funds has been entirely neglected in Croatian criminal law: theoreticians have been circumventing it, and it is not apparent in delivered court judgements. In fact, this is a ...relatively widespread phenomenon in modern economic operations, especially in the operation of joint stock companies, and even in limited liability companies, where such funds are used for bribing business partners. Starting from the "Siemens/ENEL" case in German case law, the author gives a critical analysis of the provision of Article 292 paragraph 1 subparagraph 1 of the current Criminal Code, pursuant to which the establishment or holding of illicit funds is punished if the offence is committed with the aim of acquiring pecuniary gain for own benefit or for the benefit of another legal entity. However, it is considered that the establishment of such funds does not represent a benefit but causes damage to the legal entity, and could therefore be defined as a type of offence of breach of trust in economic operations, which the working group involved in the Draft Proposal of the new Criminal Code proposes to be introduced in the new Criminal Code. PUBLICATION ABSTRACT
KAZNENOPRAVNA ZASTARA PRED REFORMOM Novoselec, Petar
Hrvatski ljetopis za kazneno pravo i praksu,
07/2009, Volume:
16, Issue:
2
Journal Article
The statute of limitations, as a criminal law institute, has raised a number of doubts in our case law, and is also a matter of interest for the general public. Using a comparative method, the ...author questions the solutions of the current Criminal Code, analyses some controversial court decisions, and presents the novelties proposed by the working group in charge of drafting the new Criminal Code, which was formed by the Minister of Justice of the Republic of Croatia in February 2009, and which has so far done significant work on preparing the draft text of the new law. PUBLICATION ABSTRACT
