CRIMINAL OFFENSE HOMICIDE

1. CRIMINAL OFFENSEHOMICIDE Authors: mila jovanović Pravni fakultet II. International student conference „Safety in local communities-legal and criminological perspectives“’, Podgorica., 4 April 2018

2. Criminal offense: HOMICIDE • Montenegrin Penal Code does not contain legal definition for this criminal offense. It is considered that every action which has killing i.e. fading of life of another living being which has death for a consequence can be treated as action of this offense. • Action of this criminal offense is usually doing or committing certain actions like shooting, drowning, burning or something similar. But beside doing, this offense can be done by non-doing certain things which causes death. In these cases, death is consequence of missing the obligation to do something. • Constitutive elements of this offense are: action of commission, consequence, causal relation between act of commission and consequence, object of protection, unlawfulness and intention as a form of guilt which is required for this offense. II. International student conference „Safety in local communities-legal and criminological perspectives“’, Podgorica., 4 April 2018

3. Constitutive elements of homicide: • Act of commission of homicide can both be actions and missing an obligation to do something which causes death. Examples for that can be not giving medicine to a person who needs it, and giving it was a duty in specific case. • Consequence of homicide is always death. But that does not mean that death must be immediate. There is a certain period of time, which sometimes can be even longer, that can pass between act of commission and death. But, as long as death is consequence of certain act, time is almost irrelevant. But, it is much more easier to prove connection between some action and consequence before than after a long period of time. II. International student conference „Safety in local communities-legal and criminological perspectives“’, Podgorica., 4 April 2018

4. Causal relation between act of commission and consequence is filled when death is consequence of a certain act. It is irrelevant if death is caused by doing something or missing an obligation to do something. • Object of protection is life. There were a lot of misunderstandings about beginning and the end of life of someone. Today, it is considered that life begins at birth, at process of delivering a baby and it ends when brain dies. It is believed that brain death ends all functions in human body. • Also, last but not least constitutive element of this criminal offense is will and determination of someone to do homicide. Beside this, it is required a high level of intention in doing or missing to do some obligation in order to cause death of someone. II. International student conference „Safety in local communities-legal and criminological perspectives“’, Podgorica., 4 April 2018

5. Punishment for homicide according to the Penal code: • Whoever causes light physical injury to another person or whoever slightly damages another person's health will be sentenced to pay a fine or sentenced to 1 year in prison. • If the light physical injury is caused by a weapon, dangerous tool or an instrument that is capable to inflict grievous injuries to the body or to grievously damage person's health, offender will be sentenced to 3 years in prison. • The court can pronounce a judicial admonition according to the general rules to the offender from paragraph 1. • The court can pronounce a judicial admonition to the offender from paragraph 2 if the offender is provoked by the plaintiff's indecent or rude behavior. II. International student conference „Safety in local communities-legal and criminological perspectives“’, Podgorica., 4 April 2018

6. Unlawfulness – two theories: • In theory, there were some divided thoughts about one of the constitutive elements of homicide – unlawfulness. • Some of the authors represent the stand that this element isn’t necessary as a part of this criminal offence since it is hard to imagine situation where homicide can be justified or in accordance with law. • But still, ruling opinion is the one which requires this characteristic to be fulfilled. There are some examples which demonstrates why is this necessary. For example, there are cases of necessary defense, or extreme necessity and in these situations homicide can be a little bit more justified or at least more understandable than in some other situations. II. International student conference „Safety in local communities-legal and criminological perspectives“’, Podgorica., 4 April 2018

7. Attempt of homicide: • Homicide is done when death occurs. In that situation weare talking about committed criminal offense. And for that, Penal Code prescribes a punishment. • But there are also situations in which certain person tries tocommit a homicide, and want to do so, but for some reason hedoesn’t succeed in his intentions. That situation is considered to be attempt of the homicide. It isevery action which was taken, or wasn’t taken on purpose, all inorder to cause death of someone. For this kind of action, but without consequence (death), Penal Code has also setpunishment. II. International student conference „Safety in local communities-legal and criminological perspectives“’, Podgorica., 4 April 2018

8. Thank you for your attention! • I hope you enjoyed.it II. International student conference „Safety in local communities-legal and criminological perspectives“’, Podgorica., 4 April 2018

9. II. International student conference „Safety in local communities-legal and criminological perspectives“’, Podgorica., 4 April 2018

10. II. International student conference „Safety in local communities-legal and criminological perspectives“’, Podgorica., 4 April 2018

11. II. International student conference „Safety in local communities-legal and criminological perspectives“’, Podgorica., 4 April 2018