Determining guilt as an element of criminal offense


  • Dr. Ismail Zejneli



Criminal responsibility means that the criminal offense can be personally charged to its perpetrator, the basic content of the principle of guilt is that there is no crime, no punishment without guilt - (nullum crimen, nulla poena sine culpa).

A criminal offense may be committed by either an omission to act or a voluntary act, also a criminal offense may be committed by an individual, jointly with or through another person, regardless of whether that other person is criminally responsible.

Criminal responsibility is the individual and subjective responsibility of the perpetrator and his action that meet the legal features of the criminal offense. Capable of guilt is the perpetrator who is responsible at the time when crime is committed.

Further on, responsibility, implies a reciprocal relationship between two entities: the one who responds and the one to whom it is accountable. No one can be held accountable for his actions in front of himself, except in the form of responsibility in front of his conscience






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