Potential endangerment offences: an old but newly discovered concept

Abstract

Slovenian criminal legal theory generally distinguishes between two types of criminal offences of endangerment: concrete and abstract endangerment offences (in German: konkrete and abstrakte Gefährdungsdelikte) . The difference between the two is mainly in the intensity of the danger, caused by the perpetrator’s actions to a legally protected good (interest). Concrete endangerment offences require actual danger, which is imminent and directly threatens to escalate into harming a legally protected good. Concrete danger must always be established by the judge, taking into account all the circumstances of each individual case. On the other hand, criminality of abstract endangerment offences does not derive from the actual danger, but from the fact that certain conduct typically causes general danger to a legally protected good and is therefore criminalised regardless of whether the actual danger actually occurs.