UDK 343.2/.7:364.63:061.1
Biblid: 1451-3188, 12 (2013)
Vol. 13, No 45-46, str. 56-72

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


Spalević Žaklina (Правни факултет Универзитета Синергија, Бијељина), zspalevic@sinergija.edu.ba
Bjelajac Željko (Правни факултет за привреду и правосуђе у Новом Саду), zdjbjelajac@gmail.com
Bratić Lejla (Привредни суд у Београду, Београд), lejla.bratic@gmail.com

In the criminal law of the European countries, except in France, there is no specific incrimination of mobbing. However, this does not mean that the behavior defined by mobbing indicators is necessarily allowed. If actions made by mobber are contained in some of the descriptions of existing criminal offenses, they will be prohibited. Furthermore, from this it can be concluded that the criminal provisions of the European legislation provides the possibility of criminal sanctions for some of the indicators of mobbing. Given the case law of France and other European countries, the fact is that the Criminal Law ultimate means by which to be used for the suppression of harassment at work. The purpose of instituting and conducting criminal proceedings lies in achieving its primary goal, which is to determine whether the committed offense is a criminal offense, who is the perpetrator, whether he is guilty, and if guilty, whether the conditions are met for the imposition of criminal sanctions. Prosecuting authorities collect the necessary sources of information on criminal work, perpetrator, but also on other facts and circumstances that are or may be relevant to a legal decision of a particular criminal offense. However, when it comes to discovering and collecting data on criminal offenses with elements of mobbing and the perpetrators, such research is further complicated by the fact that these are acts committed in private. Consequently, victims of mobbing are proposed to conduct a diary of events, to make technical record of private conversation with the perpetrator, and to develop and maintain a written correspondence from mobber. These suggestions from the perspective of criminal law theory and practice raise many questions and debates in the field of evidence law. Particularly controversial is whether the mentioned funds can be used in criminal proceedings.

Ključne reči: Mobbing, Comparative Approach, Aspects of Criminal Justice, Jurisprudence