THE BRIBE IN CRIMINAL CODE SERBIA

Abstract

In this scientific work, the author dr Aleksandar Djuric investigates and analyses criminal motivation of corruption incrimination through the valid Criminal Law of Serbia and the corruption unification: organizational criminal – institutionalized criminal. Like the previous question in considering cause-consequence relationship between criminal motivation and incriminated corruption, the author sets determination of essence of the terms:“corruption“.“criminal motive“ and „criminal motivation“. Criminal motive is an integrated psychological factor creating and determining the criminal behavior, which consists of undertaking and executing the criminal law act. Criminal motive is also a psychologically-normative category of guilt as subjectively specified criminal act. Criminal motivation is an integral psychological (motivational) process of creating, developing, differentiation, realisation of criminal motives. The functions of criminal motivational process are creatinve,selective,determining, confirming, regulating, controling. The mentioned functions of criminal motive and criminal motivation determine the guilt and the degree of guilt (premeditation and involuntary manslaughter). The guilt determine principal is valid in a criminal trial. While determining the guilt the criminal court has to determine the content and the sort of the criminal motive, the content of criminal motivation and its influence on the content of the guilt. The court mostly determines greed to be the basic criminal motive with the corruption incrimination (bribe giving and bribe taking). By analysing of the corruption incriminations in Criminal Law of Serbia, the author realizes that the criminal motives (mostly greed) are present directly or indirectly in the law normatives of the corruption incriminations. The author determines the content of the term „corruption“ by following the formula:

GREED = PROFIT + LOVE = INDIVIDUAL PSYCHOLOGICAL ANTAGONISM (the cause of personality split, i.e. multiple soul disorder of psychological character).

The author points out that – in case of early diagnosis of the causes of greed – we can easily treat the causes and the consequences as well, i.e. the corruption-organizational criminal-institutional criminal. Greed motive should be legally defined as a gained personality feature and unreasonable, unlimited, egoistic need or greed to gain profit. Greed has got a very intensive, concentrated mental energy which makes people proactive. It should be classified into profitable greed grades like: the profitable greed one (criminal motive being the facultative law qualificative element), the profitable greed two (criminal motive being the special element of criminal act), and the profitable greed three (criminal motive being the facultative law hard accusing element). In the end – The Criminal Motivation Law should be necessarily established. In accordance with the NGO report of Transparency International and Belgrade Centre for Human Rights, 2008, the author considers the physical influence of corruption to the gaining and law protection of human rights in Serbia. The main cause of non respecting the rights in Serbia is inside the executive authorities in Serbia. The Serbian executive authorities do not protect or axecute the regular law. The reason for such a state the author finds in the social phenomenon called „corruption-organizational criminal-institutional criminal“. The author finds the corruption so deeply implemented inside of the psychological structure of a civilian personality of an individual that it easily turns into organizational or institutional criminal act. The causes of corruption can and has to be cured. Concerning the corruption consequences sanation, as well as the organizational and institutional criminal acts being at the more perfidy grades of corruption – the author suggests the sequence of preventive and repressive measures. The quality and the sanation measure effectiveness depend on the personality types as well as the quality and intentions of the people engaged in the executive authorities in Serbia.

If the state doesn’t control the corruption, the corruption will control the state.