THE CRIMINALIZATION OF VOLUNTARY INCESTUOUS INTERCOURSE BETWEEN MEMBERS OF THE NUCLEAR FAMILY IN THE BALKANS

Santrauka

The aim of this paper is to assess whether the legal definitions used by some European legislators to criminalize voluntary incestuous intercourse are in line with the results of the most recent studies. As we are about to show, incest has for centuries been a taboo topic and the subject of cautionary tales. Given that available studies clearly prove that incestuous relationships more often than not have negative effects on both the participants and their offspring, this paper does not call into question the necessity of having such norms, but rather the manner in which such a legislative policy is to be carried out. By comparing the criminal law norms used by Albania, Austria, Bosnia and Herzegovina, Bulgaria, Croatia, Hungary, Romania, Serbia and Slovenia, this paper provides a comparative insight regarding the rationale behind the criminalization of such relationships in the Balkans and the surrounding area.