НОВИ КОНЦЕПТ КРИВИЦЕ У КРИВИЧНОМ ПРАВУ РЕПУБЛИКЕ СРБИЈЕ

By enacting the new Criminal Code of the Republic of Serbia, the concept of crime was determined differently. That caused changes in numerous institutes of the general part of Criminal Law, especially regarding guilt. The understanding of guilt is now two-folded: 1) it's a subjective element of the concept of crime, inexistence of which causes the inexistence of crime, and 2) it's a basis for application of punishment and measures of warning. In determining the concept of guilt, it's now accepted the psychological normative standing, which brought about the changes in the status and importance of unaccountability and legal error of the offender, which now represent the basis for exclusion of guilt, i.e. subjective basis for exclusion of crime. This paper addresses the notion and the characteristics of guilt, as one of the most important notions of Criminal Law, as well as the basis for exclusion thereof.