Reputation in Criminal Law and Its Protection Boundaries
The article is an attempt to determine the scope of the concept of honor(reputation) and to answer the question what it is, what are the axiological, linguistic and conventional backgrounds of its social acceptance and whether it deserves legal protection, including criminal law, and if so, whether can we determine the moment its creation and cessation. In the existing literature on the subject and in the doctrine, the topic of the existence of the worship of nasciturus and the deceased was not thoroughly studied. Some authors limited themselves to reflecting on the concept of dignity of the abovementioned entities repeatedly analyzed. The main thesis of the article is to take the position of the author on the issues indicated above, such as: indicate the scope of the subject matter of honor(reputation) and determine who is entitled to it. The current legal status does not solve the given issues, it even complicates them, which is also contributed by national and international jurisprudence, creating many inconsistent case-law lines. Therefore, one should be in favor of regulating the legal status of deceased persons and nasciturus at least in the matter of granting them legal rights.
 Najman.pdf | 273 kB |
