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(CRIMINAL) ACT AND (PUBLIC) ORDER AS INSTRUMENTS FOR PREVENTING OR CREATING VIOLENCE? CRIMINAL AND CRIMINOLOGICAL ANALYSIS OF VIOLENT BEHAVIOUR

🇬🇧 Abstract (English)

This paper examines the criminal offence of violent behaviour under Article 323a of the Croatian Criminal Code, which was introduced to protect public order, as well as the dignity and security of people. The paper seeks to contribute to the debate on criminal law and criminal policy in order to provide a deeper theoretical understanding and ensure better application of criminal law in this area. Special attention is given to the genesis and development of criminal offences, how they overlap with misdemeanours against public order and peace, and their relationship with other criminal offences involving elements of violence. An empirical analysis of data from the period 2015–2024 reveals a significant increase in the number of reported cases, particularly those involving juveniles and specifically peer violence, where the perpetrators are predominantly younger males. The normative analysis highlights challenges of legal uncertainty, primarily due to imprecise terms, such as “particularly insolent behaviour” and “humiliating position,” which lead to arbitrariness in practice and make it difficult to distinguish from misdemeanours. The paper concludes that repression alone is insufficient as a deterrent and that an integrated approach is required. This approach should include more precise statutory definitions, the development of preventive programs, education, and the systematic application of educational measures for juveniles, in order to strengthen legal certainty and effectively ensure greater protection of vulnerable groups in society.

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