CRIMINAL OFFENSES OF FELONY MURDER IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF SERBIA

Abstract

Criminal offences of murder are the most serious crimes against life and body, criminalized by Article 113 to 118 of the Criminal Code of the Republic of Serbia (murder, aggravated murder and privileged murder). The object of protection of these most serious crimes is the life and body of a person and the right to life as a basic human right. In these criminal acts of delicta communia, the causal nexus between the execution of the act and the resulting consequence must be clearly established, which implies that it was precisely because of the incriminated action that the consequence occurred, i.e. the death of another person. In the paper pointed out the actions of committing the criminal offences of murder, as well as the fact that the act of committing the criminal offences of murder can only be undertaken against another person, but not against oneself. In the paper, the author explained different understandings and concepts regarding the question of when the criminal protection of life and body of a person begins and lasts. In addition to the basic form of the criminal offense of murder, the paper also points to its milder or privileged forms, which contain a lower degree of severity and danger. The focus of the paper is on the distinction of crimes of aggravated murder according to the method of execution, the motives of the perpetrator, the circumstances of the execution and the consequences, and the property of the passive subject.