Produženo krivično djelo u krivičnom zakonodavstvu Republike Srpske / Continued Criminal Offence In Criminal Legislation Of Republika Srpska

Abstract

Legal theory is not unified regarding the need for the implementation of the Continued Criminal Offence institute in criminal legislation. Most European countries do not have definition of the institute in their legislation. Also, this was a case with previous legislation that has been applied in territory of Bosnia and Herzegovina. However, contrary to the opinion of the legislator, our court practice has accepted Continued Offence as a legal structure long time ago and under certain conditions applied the institute instead of Concurrence of Criminal Offences. Today, this institute, with all its benefits and disadvantages, is part of our positive legislation. Author of this paper briefly reviews the history of its development, considers the justifiability for the implementation of the institute in criminal legislation and points out the benefits and disadvantages of this mode, through critical review of legal definition.