Przygotowanie przestępstwa w jugosłowiańskim prawie karnym

Abstract

The new penal code of Yougoslavia of 1976 provides in art. 18 of its general part, apart of interpretational directions for understandinig the term of preparation, that a preparation for a crime is amenable to penalty only when it is explicitely provided by law. Thus preparation, as a rule, is not subject to penalty. The exceptions to the rule are described in the code, i.e. crimes, preparation of which is punishable. A general function of the institution of preparation is creating conditions capacitating or facilitating commiting a desired crime. Preparational actions being a subject to penalty can be understood in a dual way: as a phase of a defined criminal act or as a separate, self-contained crime. A voluntary desistance from preparation involves a possibility of release from inflicting a punishment.