Determination of the notion of criminal offence according to the Criminal code of Serbia

The new Criminal Code of the Republic of Serbia introduces a new general notion of criminal offence. From the moment of entering into force of the new Criminal Code until present date, many comments have been made in our professional literature with reference to new general notion of criminal offence. Those comments were under consideration and were not accepted, due to reasons set forth in this article. Legislator opted for objectively-subjectively general notion of criminal offence, unlike previous criminal legislation which opted for the definition of criminal offence more in material and formal terms and defined criminal offence as 'anti-social behavior, set forth by the law as criminal offence'. Subjective element of culpability was omitted. New objectively-subjectively general notion of criminal offence is correct and acceptable due to many reasons. First of all, it is in line with current criminal theory dominant in many European Union member states. Secondly, Article 14 of the new Serbian Criminal Code comprises four necessary elements of general notion of criminal offence, and, at the same time, put them in a hierarchy that is accepted in judicial practice in resolving concrete criminal cases. Lastly, it is in line with EU theory and practice to omit previously recognized element of criminal offence - anti-social behavior. Due to given reasons, new definition of general notion of criminal offence is included and recognized correctly in new Criminal Code of Serbia, and, for sure, will make contributions to future development of judicial practice. It has already, in a very short period of its implementation, given satisfactory results.