Naslov
Obijesna vožnja u cestovnom prometu
(Obvious driving in road traffic)

Autori
Bruno Moslavac

Vrsta, podvrsta i kategorija knjige
Autorske knjige, monografija, znanstvena

Izdavač
Libertin naklada

Grad
Rijeka

Godina
2020

Stranica
328

ISBN
978-953-7970-40-6

Ključne riječi
sigurnost cestovnog prometa, obijesna vožnja, posljedica kaznenog djela, ugrožavanje, konkretna opasnost, neizravna namjera, bezobzirnost, vlastoručno kazneno djelo
(road safety, obviuos driving, consequence of a criminal offense, endangerment, concrete danger, indirect intent, criminal offense)

Sažetak
The subject of interdisciplinary research in this paper presents the forms (modalities) of the criminal offense of impending road traffic in the first five years due to the incrimination in the existing form of Croatian criminal law, on a representative sample of competent criminal courts, of which the Virovitica criminal court is a first-degree court on which the highest number of convictions was awarded for the criminal offense under investigation, with special consideration of the judgments of all county courts in the Croatia, as second instance courts. By analyzing all the collected data, within the framework of the research conducted, the level of danger to which the safety of public road traffic is threatened is determined, with the conclusion of the consequences of the criminal offense in each individual case and the conviction of the convict for the resulting consequences. The results of the research carried out show that the result clearly and sharply delineates the criminal offense of blatant driving from just apparently similar traffic violations, with the type of guilt, with indirect intent specific to the modality of driving a drunk or excessively alcoholic condition prevalent in the practice of Croatian criminal courts. Endangering the life or bodily integrity of other people, as a result of impending driving, does not have to be manifested in bodily injury. The perpetrator from the start of driving a drunk driver when his driving abilities because of the negative influence of alcohol is significantly reduced, as evidenced by toxicological expertise, agrees to perform the forbidden consequences. This also determines his intentions in relation to the work, such as the ability to accept, not the certainty, the occurrence of prohibited consequences. It concludes by pointing out that drunken, cheeky, drastic, unmanageable, unobtrusive and helpless volleyball saves no place on the road. The criminal court does not have the power to insist on a “certain”, indefinite consequence of impending driving, since the vagueness of the term would be contradictory to the principle of legality, through the requirement that no one has the right to deny the existence of a criminal offense. Potential offender should de lege ferenda be designated as a driver only, that is every participant in traffic is too large. The notion of annihilation needs to be removed from the contents of a criminal offense by a new criminal law, to make it easier for judges to interpret the norm, to deny the possibility of denying the perpetrator to observe the obsolete principle in dubio mitius and to avoid double valuation when deciding on punishment. Consideration should be given to the introduction of a negligent form of work, in line with German law, and because of the large number of persons who have suffered bodily injury within the scope of the criminal offense of perpetual driving, the standardization of a special form of offense qualified by a more severe consequence. With regard to the consequences of guilt, it is necessary to develop court practice with the interpretation that the act is deliberate, but to allow for negligence in relation to the consequence. The type of guilt in German practice is assessed under all circumstances of the particular case, which we must accept. On the example of instituting a criminal offense institute, such as obscure driving, the practice of simultaneous transfer and judicial practice should be introduced as a pattern of legislation.

Izvorni jezik
Hrvatski

Znanstvena područja
Pravo

POVEZANOST RADA