Naslov
Criminal Legal Confrontation with Evil in Cases of Sexually Abused Children

Autori
Rittossa, Dalida

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Challenging Evil, Time Society and Changing Concepts of the Meaning of Evil

Urednik/ci
Schlegel, Johannes i Hansen, Brita

Izdavač
Inter-Disciplinary Press

Grad
Oxford

Godina
2010

Raspon stranica
39-46

ISBN
978-1-84888-026-9

Ključne riječi
court punishing policy, legislative punishing policy, primary, secondary, and tertiary evil, sexual abuse of children, solutions de lege ferenda

Sažetak
The evil committed with a criminal offence has been defined in Criminal Law by legislative and court punishing policy. The legislator creates this policy by prescribing criminal offences and their sanctions, and furthermore, by measuring sanctions according to the protected value from criminal offence and severity of harm inflicted by the offence. The court punishing policy acquires its contours through the judgments of courts which in concrete cases select and measure a sanction prescribed in the Criminal Law. Once a court pronounces sanction on a certain perpetrator for unlawful conduct, the sanction, except from being a definition of the inflicted evil, is a result of assessment of other circumstances of a case in the light of general and special prevention. When deciding about the sanction in cases of sexual crimes against children the courts should take into consideration the fact that inflicted evil is multidimensional and that the extent of it has not been exhausted within the primary victimisation. In most cases, after the offence was committed, a child victim lives through that evil experiencing secondary and tertiary victimisation. Trying to find causes for the described phenomenon, the author researched court practice on the heaviest sexual crimes against children in the Republic of Croatia. On the basis of conducted research the author presents solutions to suppress this occurrence de lege ferenda.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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