Emotionalization of criminal law in the process of adopting and amending criminal legislation

Abstract

The authors of this paper examine the phenomenon of emotionalization of criminal law, which emanates in three stages: in the legislative process, within the content of respective legal provisions, and in criminal procedure. The third stage is well-identified as such and, here, procedural principles aim to guarantee impartiality of the judge. Regarding the content, discussions about negative feelings were part of the dogmatical upgrading of hate as an obligatory aggravating circumstance envisaged in prior amendments to the Serbian Criminal Code. On the other hand, the emotionalization of legislative procedure, perceived as the process of adopting and amending criminal legislation in an emotionalized context, has largely remained in the background. After elaborating on the relevance and topicality of this issue, the authors connect it with the basic goals of law and legitimacy of state power, provide various definitions and explain the notion of emotions by referring to examples from comparative law. Thereupon, the concept of emotionalization of law is analyzed with reference to the legal provisions from the latest amendments to the Criminal Code of the Republic of Serbia (2019).