The fundamental question addressed in this doctoral dissertation is whether the Slovenian legislator takes into account the three doctrinally recognised functions of the injustice judgment of a criminal act in determining the offences, the statutory elements and, in particular, the prohibited criminal success.
The modern doctrine emphasises that the criminal law axiom of the requisite injustice of criminal acting and criminal success should (at least) in principle apply to all criminal norms. This means that the criminal norm, in the part describing the essence of the offence (objective and subjective elements of the offence), must (as a rule) be formulated in accordance with this rule, the legal elements defining the (commission or omission of) the criminal acting and the prohibited success (consequence) must be specified. Only such a criminal norm can effectively protect the goods as the central objective of criminalisation.
The doctoral dissertation offers an answer to the doctrinal questions of what is meant by the injustice of the criminal act, what functions the value judgement of the injustice has or should have in the process of determining criminal offences, and whether the approach of the Slovenian legislator, which gives priority to the injustice of the success (as opposed to the injustice of criminal acting) in individual (relatively numerous) incriminations, is consistent with modern criminal law doctrine and, most importantly, with the content or the essence of the injustice of the (individual) offence as it is communicated by the injustice of the criminal act.
|
