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

FREE LAW JOURNAL - VOLUME 3, NUMBER 1 (18 JANUARY 2007)3) Defence has to be simultaneous with attack.-Defence issimultaneous if it was undertaken at time when attack has beenimminent or when it began, but only up to the moment when itceased. Attack is imminent when, from all the circumstances, itcould be concluded that it was about to start, and when there wassuch danger that violation of legal property would occur in thenext moment. The beginning of an act which could have directconsequences (death, physical injury, taking away, destroying ordamaging property) is not crucial for beginning of the attack.Undertaken action which objectively represents imminent sourceof danger is essential.Whether an attack is imminent or not is a factual question whichis being solved by court in each particular case. Only threat ofimminent attack, without undertaking previous actions fromwhich it can be concluded that the attack was imminent, couldnot be the reason for undertaking the act of defence. Defence offuture attack is not excusable either, but still undertaking of somemeasures of precaution and some protective measures which startto work automatically in the moment when the attack starts (likevarious alarm systems connected with electrical circuit) isallowed.When the attack has started, defence could begin in the samemoment. But, it often happens that the attacked person is not inposition to react at the same time when the attack starts. In thatcase defence could be undertaken at any time during the attack.Continuity of defence has to coincide with the continuity ofattack. When the attack has stopped, the right of the attacked onnecessary defence stops, too.An attack was ended if legal property of the attacked person hasbeen violated and when danger has been caused (as a kind ofconsequence in cases of criminal acts of endangering), and whenthe attacker has committed the action of attack, but due to43BORISLAV PETROVIĆ PHD, AND DRAGAN JOVAŠEVIĆ - BASESFOR THE EXCLUSION OF THE CRIMINAL ACT IN CRIMINALLAW OF BOSNIA AND HERZGEGOVINA