The subject matter of endangering road traffic in the criminal legislation systems of the former Yugoslav republics

• Main Author: Obradović Dragan
• Format: Article
• Language: English
• Published: Institute of Comparative Law, Belgrade 2018-01-01
• Series: Strani pravni život
• Subjects: criminal offense; endangering road traffic; foreign legislation; penalties; security measures
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2018/0039-21381804143O.pdf
• ISSN: 0039-2138; 2620-1127

This paper gives an analogous analysis of the legislations of the former Yugoslavia republics (Serbia, Croatia, Slovenia, Montenegro, Bosnia-Herzegovina and Macedonia) regarding criminal offenses against road traffic safety. The similarities and differences with the law of the Republic of Serbia, which is the result of a common legal tradition, were highlighted. The similarities and differences were examined with the case of the criminal offense of endangering road traffic taken into consideration, one which is prescribed in all analyzed legislation systems and the one most commonly reported in practice. Legislative solutions related to the prescribed sanctions (penalties and security measures) were also compared. Based on a comparative analysis, the author proposes amendments to the existing legislation of the Republic of Serbia by foreseeing serious bodily injury of the participants in traffic as an objective condition of the penalty.