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

FREE LAW JOURNAL - VOLUME 3, NUMBER 1 (18 JANUARY 2007)necessary defence. Attack, as well as protection from attack, hasto fulfil conditions cumulatively provided by law.2.1. Conditions for the existence of attackAttack is every act aimed towards violating or endangering legalproperty or legal interest of a person 13 . It is most oftenundertaken by action, and sometimes by inaction. In order for anact to be relevant with the view to institute of necessary defence,it has to fulfil certain conditions, which are: attack has to beundertaken by man; attack has to be aimed against any legalproperty or legal interest of a person; attack has to be illegal; andattack has to be real 14 .1) Attack can only be undertaken by man.-If an act is notundertaken by man but by an animal or by a force of nature, thenthere is the existence of danger as an element of extremenecessity, but not as well necessary defence. However, if a persondirected a force of nature (torrent, rockslide) in order to endangerother person or his legal property, or if an animal (a dangerousdog or a horse) is used as means for endangering protectedproperty, than these cases are also considered as necessarydefence. Attack could be undertaken by any person, no matter ofthe age, accountability or guilt. It could be undertaken by anyaction or inaction, as well as using any means which is suitablefor violation or endangering some legal property 15 .13J. Šilović, Nužna odbrana, Zagreb,1910.p.9714M. Tomanović, Nužna odbrana i krajnja nužda, Beograd, 1995.; D. Jovašević,Krivičnopravni značaj instituta nužne odbrane, Pravni zbornik, Podgorica, No, 1-2/1998. pp.128-143; D. Jovašević, Pravo na život i nužna odbrana, Pravni život,Beograd, No. 9/1998. pp.43-6115P. Novoselec, Krivično pravo, Krivično delo i njegovi elementi, Osijek,1990.p.35-3637BORISLAV PETROVIĆ PHD, AND DRAGAN JOVAŠEVIĆ - BASESFOR THE EXCLUSION OF THE CRIMINAL ACT IN CRIMINALLAW OF BOSNIA AND HERZGEGOVINA