Published on September 2023 | Criminal Law, Criminology

THE CRIMINAL OFFENSE OF MURDER: HISTORICAL, CRIMINAL AND CRIMINOLOGY ASPECTS

Human life and body represent social values that have always been and remain the subject of criminal law protection. Precisely, the authors in the first part of the work point to the incrimination of the crime of murder throughout the historical era of Serbia and the neighboring countries, and also that the life and body of members of certain social classes were not subject to criminal law protection, and in certain eras the criminal law protection of life and body was not provided equally to every person. The continuous development of society and changes in all spheres led to the need for more and more contact between people, and their relationships led to various conflicts and the desire to be resolved at their own discretion. The second part of the work deals with conflict situations that led to mutual attacks in order to resolve the situations that ended with an attack and endangering the physical integrity of people. Thus, when studying the criminal offense of murder, which is one of the classics, perhaps even the oldest criminal offense which has already been discussed so much from a theoretical point of view and, at first glance, it seems that everything has already been said, there are still a lot of disputed questions that need to be discussed, in a theoretical, criminological sense, as well as to clarify the problems that arise in judicial practice. Some research indicates that a high percentage (even over 80 percent) of perpetrators of criminal acts would not have started committing criminal acts if they had known for sure that they would be discovered as perpetrators of the same. Research data indicate that violence in Serbia has increased by 74%. The third part of the work deals with the incrimination of the most serious criminal offense from the aspect of modern and international criminal law, as well as their recommendations for the purpose of prevention and repression.