Special Incrimination of Infanticide: Where from and Where to? (Posebna inkriminacija detomora: od kod in kam?)

In the first part of the paper, the main aim of which is to encourage a debate about the Slovene approach to the special incrimination of infanticide, the authors find that in the current Slovene Penal Code, the incrimination is firmly rooted in the Central European tradition, influenced by the Sw...

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Bibliographic Details
Main Authors: Damjan Korošec, Katja Škrubej
Format: Article
Language:English
Published: University of Ljubljana, Faculty of Law 2017-12-01
Series:Zbornik Znanstvenih Razprav
Subjects:
Online Access:http://www.pf.uni-lj.si/zalozba/zzr-33178/zadnja-stevilka-33179/posebna-inkriminacija-detomora-od-kod-in-kam/
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Summary:In the first part of the paper, the main aim of which is to encourage a debate about the Slovene approach to the special incrimination of infanticide, the authors find that in the current Slovene Penal Code, the incrimination is firmly rooted in the Central European tradition, influenced by the Swiss and Austrian reform proposals from the beginning of the 20 th century. This is especially true about that part of the incrimination which speaks of “the influence of birth”, which, to the contrary, was never adopted in Germany. At the end of the 20 th century, in the European countries such as Germany, France and Spain the special incrimination was dropped, in some others there it remains formulated in its privileged form, and in some countries, it remains conceptualized even as aggravated.
ISSN:1854-3839