Definition of the perpetrator's act, it's importance for abetting and public incitement to an offence

Abstract

In addition to incitement as a form of complicity, the Serbian criminal law sometimes defines incitement as a separate criminal offense. Incitement, as a form of complicity, can only exist if it is aimed at a specific person, or at the members of a certain group of persons. If potential principal offenders are completely undefined, as in the case of public incitement through the media, incitement as a form of complicity cannot exist, but, therefore, there are specific offenses in the comparative European jurisdictions that cover this situation. In contrast to these legislations, in the Serbian criminal law such an offense does not exist. The author considers this legal gap and proposes the introduction of new crime.