UDK 343.2(4)
Biblid: 1451-3188, 11 (2012)
Vol. 12, No 42, str. 93-116

Izvorni naučni rad
Primljeno: 01 Jan 1970
Prihvaćeno: 01 Jan 1970


Ćorović Emir (Доцент на Департману за правне науке Државног универзитета у Новом Пазару), ecorovic@np.ac.rs
Šemović Aladin (Судија Основног суда у Новом Пазару), aladinsemovic@gmail.com

The domestic scientific and expert public has been discussing for a while on needs of decriminalisation of an insult and defamation. However, if we reconsider the legislation of the European countries, especially of those that have had a dominant influence in formation of criminal-legal system of the Republic of Serbia, as it has been the case with the countries of German legal-cultural area (Germany, Austria, Switzerland), but also of the others, less or more developed countries, being some of them members of the European Union, we shall see that these criminal acts have been prescribed by the ones. Therefore, we have reconsidered in this Paper onto the features of criminal acts of insult and defamation (group protected subject, their constitutive elements), emphasising at the same time onto normative solutions from criminal legislations of several European countries. Besides, the reasons for their decriminalisation have been reconsidered either. In the end, having summarised the arguments pro et contra, we have given certain legal, ethical and broader social reasons being the issue that decriminalisation of the ones is not to be at the issue.

Ključne reči: Insult, defamation, honour, reputation, decriminalisation