Aggravated murder in a cruel manner
Aggravated murder in a cruel manner is a form of murder which is prescribed in Article 114, paragraph 1, item 1 of the Criminal Code of the Republic of Serbia. The article emphasizes the meaning of the notion of cruelty as a determining feature of this crime. It is a complex concept that has its obj...
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| Format: | Article |
| Language: | English |
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University of Belgrade - Faculty of Law, Belgrade & Institute of Comparative Law, Belgrade
2022-01-01
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| Series: | Crimen (Beograd) |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/2217-219X/2022/2217-219X2201028Q.pdf |
| _version_ | 1811342145502576640 |
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| author | Ćorović Emir |
| author_facet | Ćorović Emir |
| author_sort | Ćorović Emir |
| collection | DOAJ |
| description | Aggravated murder in a cruel manner is a form of murder which is prescribed in Article 114, paragraph 1, item 1 of the Criminal Code of the Republic of Serbia. The article emphasizes the meaning of the notion of cruelty as a determining feature of this crime. It is a complex concept that has its objective, but also subjective aspects. Namely, cruelty on the one hand means depriving the victim of life in a way that inflicts excessive pain and suffering, while, on the other hand, it is necessary for the perpetrator to demonstrate a specific emotional relationship towards these pains and sufferings (in the form of pleasure, enjoyment, lack of pity, etc.). Furthermore, the issue of guilt in this crime was analyzed, especially the possibility of its existence in the case of insanity and significantly reduced sanity. Although the case law rules that in these cases, aggravated murder in a cruel way is not possible, the article argues the opposite thesis. In the end, the issues with attempting and preparing a aggravated murder in a cruel way were discussed. The latter institute may be interesting since the amendments to the Criminal Code from 2019 criminalize the preparation of aggravated murder (it is a so-called delicta preparata), with the provision that the article argues that this provision cannot be applied to aggravated murder in a cruel way. |
| first_indexed | 2024-04-13T19:06:21Z |
| format | Article |
| id | doaj.art-cc26147da25f40c8b369b8fd62dffc1a |
| institution | Directory Open Access Journal |
| issn | 2217-219X 2683-5800 |
| language | English |
| last_indexed | 2024-04-13T19:06:21Z |
| publishDate | 2022-01-01 |
| publisher | University of Belgrade - Faculty of Law, Belgrade & Institute of Comparative Law, Belgrade |
| record_format | Article |
| series | Crimen (Beograd) |
| spelling | doaj.art-cc26147da25f40c8b369b8fd62dffc1a2022-12-22T02:33:59ZengUniversity of Belgrade - Faculty of Law, Belgrade & Institute of Comparative Law, BelgradeCrimen (Beograd)2217-219X2683-58002022-01-01131284710.5937/crimen2201028C2217-219X2201028QAggravated murder in a cruel mannerĆorović Emir0Državni univerzitet u Novom Pazaru, Departman za pravne nauke, SerbiaAggravated murder in a cruel manner is a form of murder which is prescribed in Article 114, paragraph 1, item 1 of the Criminal Code of the Republic of Serbia. The article emphasizes the meaning of the notion of cruelty as a determining feature of this crime. It is a complex concept that has its objective, but also subjective aspects. Namely, cruelty on the one hand means depriving the victim of life in a way that inflicts excessive pain and suffering, while, on the other hand, it is necessary for the perpetrator to demonstrate a specific emotional relationship towards these pains and sufferings (in the form of pleasure, enjoyment, lack of pity, etc.). Furthermore, the issue of guilt in this crime was analyzed, especially the possibility of its existence in the case of insanity and significantly reduced sanity. Although the case law rules that in these cases, aggravated murder in a cruel way is not possible, the article argues the opposite thesis. In the end, the issues with attempting and preparing a aggravated murder in a cruel way were discussed. The latter institute may be interesting since the amendments to the Criminal Code from 2019 criminalize the preparation of aggravated murder (it is a so-called delicta preparata), with the provision that the article argues that this provision cannot be applied to aggravated murder in a cruel way.https://scindeks-clanci.ceon.rs/data/pdf/2217-219X/2022/2217-219X2201028Q.pdfaggravated murdercrueltyguiltattemptedpreparatory actions |
| spellingShingle | Ćorović Emir Aggravated murder in a cruel manner Crimen (Beograd) aggravated murder cruelty guilt attempted preparatory actions |
| title | Aggravated murder in a cruel manner |
| title_full | Aggravated murder in a cruel manner |
| title_fullStr | Aggravated murder in a cruel manner |
| title_full_unstemmed | Aggravated murder in a cruel manner |
| title_short | Aggravated murder in a cruel manner |
| title_sort | aggravated murder in a cruel manner |
| topic | aggravated murder cruelty guilt attempted preparatory actions |
| url | https://scindeks-clanci.ceon.rs/data/pdf/2217-219X/2022/2217-219X2201028Q.pdf |
| work_keys_str_mv | AT corovicemir aggravatedmurderinacruelmanner |