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

FREE LAW JOURNAL - VOLUME 3, NUMBER 1 (18 JANUARY 2007)an act has to be seen on the whole, which means that it cannot bereduced and limited to only what had happened between thedefendant and late (that is, the one who has suffered loss)immediately before the gun shot.2.2. Conditions for the existence of defenceDefence or protection from the attack is every action of theattacked person aimed at eliminating, preventing or protectingfrom the attack. By protection from the attack, the attackedperson himself violates or endangers some legal property of theattacker. This violation or endangerment represents, in essence,formal characteristics of some criminal act from the special partof criminal codes in Bosnia and Herzegovina (most often it isabout a criminal act against life or physical integrity) 22 .Only in case when the attacked person, during the protectionfrom attack, violates some property of the attacker, the existenceof the institute of necessary defence is possible 23 . Necessarydefence is not only the defence from the attack which endangerssecurity of life of the attacked person, but every defence frompresent and illegal attack, if such defence was necessary forprotection from the attack.For the definition of needed defence, in the sense of penal law, itis absolutely necessary that the illegal attack is protected from bya punishable act towards the attacker. If such protection wouldnot be considered as a punishable act, then it would be a situationbeyond the area of penal law 24 . Defence, as an element ofnecessary defence, as well, has to fulfil certain conditions in order22N. Srzentić, A. Stajić, Lj. Lazarević, Krivično pravo SFRJ, Opšti deo,Savremena administracija, Beograd, 1978.p.17123G. Marjanovik, Makedonsko krivično pravo, Opšt del, Prosvetno delo, Skopje,1998.p.18324Đ. Avakumović, Teorija kaznenog prava, Beograd, 1887-1889.p.27941BORISLAV PETROVIĆ PHD, AND DRAGAN JOVAŠEVIĆ - BASESFOR THE EXCLUSION OF THE CRIMINAL ACT IN CRIMINALLAW OF BOSNIA AND HERZGEGOVINA