Death of Pedestrian in Traffic: Murder or an Accident

Abstract

Reason for writing and research problem(s): The problem of pedestrian fatalities as participant in traffic is actualized every time when catastrophic consequences happen in urban driving conditions. It is unknown in our practice, that any driver was convicted of murder, but only for criminal offenses of endangering public traffic with fatal consequences. From the criminalistics point of view, we try to make a proposal for the possibility of qualification of certain criminal offenses in the field of public traffic as criminal act of murder.

Aims of the paper (scientific and/or social): The aim is to indicate the possibility of prosecuting the driver for a serious criminal offense, i.e. for criminal offense of murder, establishing the terms and conditions under which the state of pedestrian happened.

Methodology/ Design: Content Analysis

Research/ Paper limitation: The research will focus on events and the situation regarding traffic safety in Canton Sarajevo

Results/ Findings/ General Conclusion: Certain situations of pedestrian deaths, as well as the condition of the driver of motorized vehicle, can be qualified as murder. This would also aggravate the criminal policy towards perpetrators, which would, as a measure of general prevention, affect other citizens and to some extent increase the sense of security.

Research/ Paper Validity: Such analysis and research have not been done yet, in our country or cantons. Smaller number of severe pedestrian fatalities caused a broader public reaction. However, the Prosecutor’s Office and the Cantonal Court in Sarajevo did not qualify such events as murder.