Visnja Milekic

SUMMARY

In the paper, the author gives the analysis of the construction of the continued criminal offence as one form of the illusory real concurrence, which appeared in the court practice although it was not regulated in the positive legislation leading to the different views about the terms of its use. The paper deals with issues of the origin and historical development of the continued criminal offence, theoretical perspectives, positive legal solutions, i.e. mandatory and optional terms of use, punishment, and the justification and criticism of this institute. The use of the continued criminal offence is mostly justified by reasons of procedural economy, while the fact that in this way the perpetrators of a high number of crimes are unduly rewarded is emphasized as the main criticism.

Key words: continued criminal offence, illusory real concurrence, temporal continuity, identity of the victim, punishment