free law journal - volume 3, number 1 (18 january 2007)

FREE LAW JOURNAL - VOLUME 3, NUMBER 1 (18 JANUARY 2007)BASES FOR THE EXCLUSION OFTHE CRIMINAL ACT IN CRIMINALLAW OF BOSNIA ANDHERZGEGOVINAByBORISLAV PETROVIĆ PHD* ANDDRAGAN JOVAŠEVIĆ PHD**Introductory remarksLack of any of general, basic elements of the definition of thecriminal act, of objective or subjective character, exempts that act(that is, the act committed by a person, with resultingconsequences) from the character of criminal act 1 . It is regardedto the circumstances which an act of a man exempts from eithersocial danger or illegality, or of both elements. Namely, theexclusion of these elements exists when the act, which isotherwise regulated by law as a criminal act, is considered asexcusable, according to some special provision. Provisions whichallow this otherwise “forbidden” act in a specific case excludeillegality, so that there is no criminal act in that case.There are two bases for the exclusion of the criminal act in thecriminal law of Bosnia and Herzegovina. They are: 1) generalbases ( which are specifically provided by law and may be foundin any criminal act or for any perpetrator) and 2) special bases (* Borislav Petrović PhD, Associate Profesor, Faculty of Law inSarajevo, Bosnia and Herzegovina and** Dragan Jovašević PhD, Associate Professor, Faculty of Law in Niš,Republic of Serbia.1D. Jovašević, Krivično pravo, Opšti deo, Nomos, Beograd, 2006. p. 87-8833BORISLAV PETROVIĆ PHD, AND DRAGAN JOVAŠEVIĆ - BASESFOR THE EXCLUSION OF THE CRIMINAL ACT IN CRIMINALLAW OF BOSNIA AND HERZGEGOVINA