文章基本信息

标题：Analysis of Some Features of Excusing Necessity – Selected Questions of Excuse Requirements and Exclusions
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作者：Herceg Pakšić, Barbara
期刊名称：Zbornik Pravnog fakulteta u Zagrebu
印刷版ISSN：0350-2058
出版年度：2020
卷号：70
期号：1
页码：77-105
DOI：10.3935/zpfz.70.1.03
出版社：Faculty of Law of University of Zagreb
摘要：The continuing developmental transformation of necessity as a pivotal criminal law institute leads to numerous open questions for jurisprudence and the judiciary. The latest developments in Croatian criminal law have resulted in a partial but significant transformation of the previously adopted differential effect. The Criminal Code has accepted a change to this effect from a justifiable necessity and one that exempts from punishment to justifiable and excusing necessity. The latter is part of a more significant intervention in Croatian criminal law dogmatics under the influence of the normative culpability theory. This paper deals with selected open questions regarding excusing necessity, concerning the preconditions and limitations (or exclusions) of the intended legal effect of the specific duty of danger acceptance, the culpability for state of necessity, the colision of protected rights, the provision of necessary assistance, and the appropriate protected rights. The Croatian legislator has decided to introduce a relatively extensive excusing necessity, so we analyze the accepted solution and specific directions of a possible de lege ferenda change.
关键词：excusing necessity; excusing grounds; criminal law; exclusion of culpability