Danubius International Conferences, 14th International Conference The Danube - Axis of European Identity
Increases Regarding the Notion and Content of Criminal Liability
Last modified: 2024-06-09
Abstract
Criminal liability is a fundamental legal institution of criminal law, which together withits other fundamental institutions, the offense and the sanction, represent the basiccomponents of the entire system of criminal law. It is relevant that criminal legalcoercion, the application of criminal law sanctions, as one of the ways to achieve thecriminal law order, takes place, like legal coercion in general, not directly, but indirectly,namely through legal liability, in the case of criminal liability. Said in this way, it is thenatural consequence of the legal regulation of coercion, in the case of criminal coercion,which makes the commission of the crime, that is, the violation of the precept of theincriminating norm, should not have as an immediate consequence the sanction providedfor by this norm, but the responsibility of the perpetrator for the committed deed. It isobvious that liability is the consequence of the crime which constitutes the premise and atthe same time its basis, and in turn the liability thus determined constitutes the premisefor the application of criminal sanctions.
