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

FREE LAW JOURNAL - VOLUME 3, NUMBER 1 (18 JANUARY 2007)to be of criminal legal relevance. These conditions are: defenceconsists of protection from the attack; defence has to be aimedagainst the property of the attacker; defence has to besimultaneous with the attack, and defence has to be necessary forthe protection from attack 25 .1) Defence has to be consisted of protection from the attack.-Ifdefence is not aimed at protection or prevention of attack, than itis not an element of necessary defence. Defence, in fact, dependson the existence of attack. The kind of defence has to be accordingto the attack. Attacked person is not obliged to retreat before theattacker. On the contrary, he is authorised to frustrate and disablethe real illegal attack, in the aim of defence of legal property, bysimultaneous legal attack on the attacker’s legal property.2) Defence has to be aimed against the attacker and against anyof his legal property or legal interest.-These properties could bevarious, like: life, body, estate, honour, reputation, humandignity, though most often situation is when life of the attacker isviolated. But, there are situations in life, when it is about theviolation or endangering legal property and the attacker, as wellas some other person. Then, in relation to the property of theattacker, the attacked person acts in necessary defence, and inrelation to the violation of property of some other person, he actsin extreme necessity (if all the conditions provided by law arefulfilled) 26 . That means that the attacked person, in order toprotect his property, cannot put to extreme risk legal properties ofother people. But, if the attacker had used properties of otherperson while committing an illegal attack as means of that attack,then, in case of violation those properties, there is necessarydefence 27 .25P. Novoselac is thinking differently (P. Novoselac, Opći dio kaznenog prava,Zagreb, 2004. p.170-17426Strafgesetzbuch Leipziger, Kommentar, Berlin-New York, 1985. p 16327D. Jovašević, T. Hašimbegović, Osnovi isključenja krivičnog dela, Institut zakriminološka i sociološka istraživanja, Beograd, 2001.p.5042BORISLAV PETROVIĆ PHD, AND DRAGAN JOVAŠEVIĆ - BASESFOR THE EXCLUSION OF THE CRIMINAL ACT IN CRIMINALLAW OF BOSNIA AND HERZGEGOVINA